The URL can be used to link to this page

Browse Search

Home My WebLink About900245.tiff • • O u. ':1 :=f : i;-• ; i° i i id ii 111 0 :4: ili:l 0: a ... il IAQ �� a3' ;s ° i 11 3- J Q 3112 I i 2 OS :11- 1.1.21 2 1j l iri 3.11 'I - p1° \r ,1 sd Z J =ac '_ $=1'= "" : 1 i s i `1,, Y i3: 11 - !1 w I— ib' I-- Ii 1 ; 'AP :1 ' 1! 2 -.7. 2:' ; ! ! iiii IV • I :, , cc 21 i3 i .1 j t - f - 1 : II 1� w co `� p 1\Lti --- - - ! g ill i 's: . I ! I eil9 'ei1 !S'r Z ...J =' I E Q l o° i :1 aiii i y 7t i^�,. 1 ; 9 a r ii = : 4 #if i = i = .- S :E"i fir o..... • '� If a °=a ':h i is y': : :a es ; I :: ::: 1.: : 'f ' 1 ..— a I 2i'_ :� :: I :+• - -c :=a: :.:1 iiis MI {•••:...<5'i.--. . a i 0 WI s '^ g mot. 3 # : fill # ## # I # # f 3.. O) } 7; x../`.;... °o f i iis- # is a a lir 4.— I '�,., �(• 0{{ !1''f 1 I" 1�+i+ milli] 111t'11 III! 1 !!r ! II 1 _ .4 r+mil. ®9 1;p1 ]l!1 II] 111 1 l f�i+'i1 illifil# ill Ii i!11if 1,1 ..,,,„.i.--.3-..._,,,..,.-1: 1_ J a 7jr ' lie i 111iJif#I 1 , .1---..V"+- ----- 4.`.. •1 I•g1,1!1!I I a III Ili.#� at Wil +Ii {11�i1+,•ii 1 :e a--- '� • 9t1f tt1 11]'t iii 1- !1(1 1I;fill{i! ` #t{;1 it is `. , : ;• . .. ` '� 1�. 1l1ia111' .111'gillIi ,J+ i. itlr1 11 1i tai l -. I' 1�/ y: .fir III til lif 'II ii'lli IIIlIII.1;41' III �11�lt"I"fl i!I s 1 :1 „'-'. y ¢ o alAli111illiliilf[r2i!>1i'i11fl1≥tII ai;E1111≥!flil11illI1iiiil;1 AI - -ms %.x' .'ia: • • ' te S"e • ' "r' -' i !i l 'le ! ! pill 1#17F 'l pie 11 1'•1 f i U . NI�Ill �i!� II,�lii ; ;l Jr i, 11 �I a l� ze 'f , •r, Zff 1f i it"III l'1 llIII'' if1�i1111 +1 I! I l '�.-. �4 r •• 4 I ''''ti!1'I ,.11 1;1+� 'I 1111.11 1 l' ii 411;3 fEi. .. , 1 a i1'11I:tji111 I'l Ii'l111111 '111115.1iri! fa 12 c! a 1t,t1 1 flail 1 111 II...1.1111141i Id 01111 11 1l*i . .� J 1I ��;11,1l�,�I�i,�1;[�{� Il,iil1if11l111I111�.1;. L 3!f 11 r1f;:'1 lit It 1 1 1 . l' 1111 I 'd _ ° is;1illli,rie111':tidlt11t11i;ifi�#f1�a;llisIili z; ..".1: g • • U. O 0 (R�14y.`,�,1ZI W ^`� \' �~ i.`,: •• ,'neewK l'+;(. • y__ 1,{u H:`„.JY' -l �'l Q � � Q 1O =�' X --g� _ 4 Si. I • i+17;: X 45 , Wt. _ Y= F ^ c) G CC 1.24-1 ZI— r it 41 Ell , ..r y6't$•s :L !a f :I�i �^ W W U �� 1� 1d f iY A. F R T�� 1 i t, h. t-+ . ti y f.� b Airi F: ag � i& L4.q1/4• v2 1 i4.:''':),I j 34,4 r i ! tfr"1,, Cio . :,,;:r ;—. A— • 'fit ise {'..l 1 ,, 1 �Fi \ Ji v..,t,t_. iii `i II •...lies,. y6.�;..�J: q C'.1 t' '-r'�q+" . Ii i �. ti i@ 6 9 rr lt�__ I.fr �} ar- t r -- 1 s t c .. . EFy�%lit { W SIC i t•PtIU7 7 �. 141-41-6;14417;.: :l, h` 1 1. I diS 1i. r t " 11 iLia L :tr� 21)1.\`�'\ {.15 ttal !al .1:44‘,..r i CT w % I I..;([S, ', � :• .F�y. Icy .. � , rSI - -r L . 151-3.; .i:vi�'? \ :g : . `I I• %- l I-\ \� .\,J3 •1'�✓_ __ {441 .0;1 g 4i �f',r, �.:•'Y L },L:' t.,- del ... 11 of I I iird1 1' / ■ f 5 C\ V T • • I I el a 1 Mvir I ROMrr. •'m., n cn !' f• ' t• L'•%4x'.:.9 3-• ••1+ s a' � • 'it�r • , z ....J 0. O '�!cc " •�• i. I.i'',''.'a'Tfgipr7!•Mi I ,i.'.,I Z i1 • I `J i!t s , ,,. a 4t. IV., t LA 1_ 1,.. . Al 1.1- i i t 6,:.N%-, a re°' I- C.-1-• 1.".. 54 '.' tl•_Ite . t:-••••-' : 1--- ,*-: ' 1 'la a,t :4 ii,„14,1.4 . '141,;..„. '.1." -:l :11.---,' . : 0 VII _ ?' ,.- -Y1 =mac.r�• 4y1 y• , _ M ia'1 lil `• ''., -4c I::69 Iii- — 1 ---;,4...1, I •�. e 03 .i: .�,4 q� �: - --WW1 -1_ 'e=' A, 1141 47.....il I ,..- I. I t1L3--'4 I ' it, i if 1 el. kiMr• II, " . . •f 1 . s. I i 9 . . , ; ' •.fli '..1„. ii.1V: _, .... i ei.IV lb- ,..1, .— , i -.. t 0 ; 0) .:a r ' ! 1 Ili ..' 1bilk..� st.. ;Ail" !illal ii111.", , NI r 1 1 — et- f, i py ,11111,ii :J 'oi frqt,i a l r ••II • - ST r jlrrl At , s ..4,." -�1st) ;• a l�" lig ii e sift :, !! IIl ` n ; j !I l: 1..1jr= ,i;i •r.,- 1n ..yff,...? Z. v •i•'2- . I 1 thi f 1•'P I rI HO { it I''-,I I „ 1. 1:14 1 01 il .Il.il 111i! ;:i1 P , �� r• { ��.. fill 1. l r)ri !��'I 1, r. f '� ji't,,1lit1 1 1' {11171ilI 11,J I't•IV f'kI •, .44: Ar :It... .,.-,4, , i 111;11,; m p e ii 0 id l!1'hit jai' •C1 :3 •.tgr, •� L` ,� tr' � a?-Y•1: i: linuhl1111unv1i1111IIf1i11! ! ` 1 Aye+ _r i /� r. 1 i•� !! e s , + 1 + e + Li..k.4"te.i.C1 - I '-J.,,t .J` d f � :;..., f -,A a� f a ''! !'.11 i Pi ''( 1 r�1 1+ �i1 1 1r' , 1, l 1r ! i., `:»;�Lt4.7.. ...44.;°' . :;:LI:" •�'� 'li!11 �fi i1 :IIII { ' i'll:i 11 ` - s..- � �''iT�. u:-:,,,I.Ti I .y 3 `� ill �s;i :1'11'111;1 i (I h j � ii:1 x ,�'L .1.'2 -,,._ .,s : I 11 ii: 1 l 1{l } .a �i+;11.1' . � ' rid•�...--•-t:is . {' "L'E I'` '• i{1 .il 1±`il 1;1 111:l(jt't a. / i ' >r n \• tY} 1 ;Iii I I I{1 r i. _I yL l 'ks j I l i 131l!,tllIlii 'iPll k; C i'41':�.k. a.. ! r10 1711- `} -I\l lh N* i .I, ill�l(!ll.l .,11! III !!!+�i Pill '9 I RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR AN OPEN-PIT GRAVEL MINE - C & M COMPANIES 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 14th day of March, 1990, 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 Gary Tuttle, 11990 Grant Street, Suite 410, Denver, Colorado 80233 , for a Site Specific Development Plan and Special Review Permit for an open-pit gravel mine on the following described real estate, to-wit: Part of the E; NW} of Section 30, NE} SW} and SE} SWI of Section 30, and N} NE} NEI of Section 31 , all in Township 1 North, Range 66 West of the 6th P.M. , Weld County, Colorado WHEREAS, said applicant was represented by Mike Applegate, of Tuttle Applegate, and WHEREAS, Section 24 .4 . 2 of the Weld County Zoning Ordinance provides standards for review of said Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1 . The submitted materials are in compliance with the application requirements of Sections 24. 7 , 44 . 1 , 44. 2 and 44 .3 of the Weld County Zoning Ordinance. 2 . It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24. 4 .2 of the Weld County Zoning Ordinance as follows: a. This proposal is consistent with the Weld County Comprehensive Plan ' s Mineral Resource Goals and Policies, the Urban Growth Boundary Area Goals and Policies, and the Transportation Goals and Policies. The Conditions of Approval and Development Standards will ensure that these goals PL0675 : ; 900245 Page 2 RE: USR - C & M COMPANIES and policies are met. The Comprehensive Plan encourages the extraction of mineral resources when the mining plan promotes reasonable and orderly development of the minerals. b. The proposal is consistent with the intent of the Agricultural Zone District and is provided for as a Use by Special Review. c. Conditions of Approval and Development Standards will ensure compatibility with the existing surrounding land uses. Surrounding land uses include pasture land, radio tower, concrete batch plant, the South Platte River, and a rural residential home site. e. The proposed use will not have an adverse affect on the existing and future development of the surrounding area as permitted by Weld County and the City of Brighton's Comprehensive Plans. The Brighton City Planner, Jim Sayre, reviewed this proposal and recommends approval. f. The Special Review Permit site is located in the 100-year floodplain. The Special Review Permit Development Standards address the overlay district requirements. No other overlay districts affect the site. g. Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Site Specific Development Plan and Special Review Permit for an open-pit gravel mine 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 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 office of the Weld County Clerk and Recorder within 15 days of approval by the Board of County Commissioners. 900245 Page 3 RE: USR - C & M COMPANIES 2 . The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3 . Prior to the Special Review Permit activity occurring on the site, evidence shall be submitted to the Department of Planning Services that: a. The Division of Water Resources has approved a well permit or other legal water supply for the mining operations. b. All permits required by the Army Corps of Engineers have been obtained. c. An emissions permit has been obtained from the Air Pollution Control Division, Colorado Department of Health, for fugitive dust and odors. d. A dust control plan has been approved by the Weld County Health Department. e. The Use by Special Review activity will not cause injury to vested or conditional water rights as set forth in Section 44 . 4. 11 of the Weld County Zoning Ordinance. This shall include a signed agreement approved by the Central Colorado Water Conservancy District. f. A flood hazard development permit shall be applied for and approved fur each materials stockpile or any building or structure requiring a building permit that is located within the 100-year floodplain. g. A NPDES permit has been obtained from the Water Quality Control Division of the Colorado Department of Health. 4 . Prior to recording the Special Review Permit plat: a. The plat shall be amended to show a total 40 foot right-of-way reservation south of the centerline of Weld County Road 6 . 900245 Page 4 12E: USR - C & M COMPANIES b. A copy of a plan approved by the West Adams Soil Conservation District mitigating the concerns expressed in their letter of January 4, 1990, shall be submitted to the Department of Planning Services. c. The following note shall be placed on the Special Review Permit plat: Note: The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities related to mining and reclamation are, therefore, under the jurisdiction of the Mined Land Reclamation Board. However, Weld County has jurisdiction of those matters outlined in the Development Standards. d. The plat shall be amended to show the access road onto Weld County Road 6 paved for a distance of 100 feet. The turning radii and width of the pavement shall be designed to accommodate large trucks. e. A road maintenance agreement for the haul route from the Special Review Permit site to U.S. Highway 85 shall be submitted to the Weld County Engineering Department for review and approval by the Board of County Commissioners. 5. Prior to extraction of sand and gravel within 200 feet of the underground power line for United Power, Incorporated, as shown on the Special Review Permit plat, a copy of an agreement signed by representatives of United Power, Incorporated, and C & M Companies shall be submitted to the Department of Planning Services. 900245 Page 5 RE: USR - C & M COMPANIES She above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of _March, A.D. , 7990 . u BOARD OF COUNTY COMMISSIONERS ATTEST: fen J2t �) WEL OUNTY, COLORAD Weld County erk and Recorder and Clerk to the Board ene R. Bra ner, Chairman ,BY: 277n+ -i p f A-4-mk Ge rge ennedy, Pro- Cam Deputy County C EXCUSED APPROVED AS TO FORM: Constance L. Harbert �; , ,,, ter,, ...4--tt J C.W. Ki by County Attorney EXCUSED DATE OF SIGNING - AYE Gordon E. Lacy 9-00245 DEVELOPMENT STANDARDS C & M COMPANIES USR-905 1 . The Site Specific Development Plan and Special Review Permit is for an open-pit gravel -mine as submitted in the application -materials ton file in the Department of Planning Services and subject to the Development Standards stated herein. 2 . approval of this plan may create a vested property right pursuant to Article 6B of Title 24 , C.R.S. , as amended. 3 . Waste oil, stains, treatments, antifreeze, and other associated liquid and solid wastes, shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 4 . An Air Emissions Permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health, if required. 3 . No permanent disposal of wastes shall be permitted at this site. -6 . The septic system for the proposed office is required to be designed by a Colorado Registered Professional Engineer in accordance with the Weld County Individual Sewage Disposal Regulations. 7 . Overburden and top-soil material shall be handled and stored in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 8. Fugitive dust shall be confined on this site. 9 . The NPDES Permit shall be maintained in compliance, at all times, with the Water Duality Control Division of the Colorado Department of Health. 10 . The maximum permissible noise level shall not exceed the industrial limit of 80dB (A) , as measured according to 25-12-102 , Colorado Revised Statutes. 11 . An employee restroom with sanitary toilet facilities shall be installed in accordance with the Weld County Individual Sewage Disposal Regulations if required for the proposed facility. 900245 Page 2 DEVELOPMENT STANDARDS - C & M COMPANIES 12 . Dust shall be controlled on all haul routes on site so that it does not constitute a nuisance condition to adjacent property owners . 13 . The dust control plan approved by the Weld County Health Department shall be maintained in compliance at all times. The operation of the facility shall have sufficient -equipment -on site and available as needed to control dust. 14 . The gravel mining operation shall comply with Section 44 .4 of the Weld County -Zoning Ordinance. Any violation of these regulations shall be grounds for enforcement of Section 44 .6 of the Weld County Zoning Ordinance . 15 . The haul route for the -mining operation shall be Weld County Road 6 east to U.S. Highway 85 . No hauling shall be allowed west of the gravel pit access on Weld County Road 6 . 16 . The property shall be maintained in compliance with the Weld County Flood Hazard Overlay District requirements. 17 . The property shall be maintained in compliance with Section 404 of the Clean Water Act, if applicable. 18 . The mining activity shall be maintained in compliance with the requirements of the Oil and Gas Conservation -Commission. 19. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 20 . The property owner or operator shall be responsible for complying with the Design Standards of Section 24 .5 of the Weld County Zoning Ordinance. 21. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24 . 6 of the Weld County Zoning Ordinance. 22 . Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development -Standards stated herein and all applicable Weld County Regulations. 23 . 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 900245 Page 3 DEVELOPMENT STANDARDS - C & M COMPANIES 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. 211 . 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. 90D245 HEARING CERTIFICATION DOCKET 140. 90-6 RE: SITE SPECIFIC _DEVELOPMENT PLAN AND SPECIAL REVIEW -PERMIT FOR AN OPEN-PIT GRAVEL MINE - C & M COMPANIES A public hearing was conducted on March 14, 1990, at 10:00 A.M. , with the following _present: Commissioner Gene R. Brantner, Chairman Commissioner George Kennedy, Pro-Tem Commissioner Constance L. Harbert - Excused Commissioner C.W. Kirby Commissioner Gordon E. Lacy Also present: Acting Clerk to the -Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Keith Schuett The following business was transacted: I hereby certify that pursuant to a notice dated February 5, 1990, and duly _published March 1, 1990, in The New News, a public hearing was conducted to consider the application of C & M Companies for a Site Specific Development Plan and Special -Review Permit for sn open-pit gravel mine. Lee Morrison, Assistant County Attorney, .made _this matter of record. Keith Schuett, representing the Planning Department, entered the favorable recommendation tf the Planning Commission into the record. Mr. Schuett submitted to the Board copies of a letter from United Power, Incorporated, and a recommended additional Condition to address the concerns in said letter. Mike Applegate, sf Tuttle Applegate, Inc. , came forward to represent the applicant. He said the Reclamation plan calls for a lined water reservoir. Tom Cech, Secretary _of the Central Colorado Water Conservancy District, submitted copies of an Agreement -concerning the wells sn the property. He said the district has not yet approved the Agreement, but he anticipates that it will be approved at a -board meeting -next week. Mr. Cech answered the Board's questions concerning water storage. Mr. Applegate came forward and answered questions of the Board. He said the applicant has -no -problem with the proposed Conditions and Development Standards. Commissioner Lacy moved to approve the request of C h M Companies for a Site Specific Development Tian and Special Review Permit for an open-pit gravel mine, subject to the Conditions and Development -Standards contained in the Planning Commission's recommendation and the Condition recommended by the Planning staff. The motion, seconded Sy Commissioner _Kennedy, carried unanimously. 960245 Page 2 HEARING CERTIFICATION - LAM COMPANI-ES This Certification was approved on the 19th day of March, 1-990. {/ /r APPROVED: ATTEST: pytAA--1 °�{,nJ BOARD OF COUNTY COMMISSIONERS WELD NTY, COLORADO Weld County Clerk and Recorder aT� and Clerk to the -Boa ene Zt. Brantner, Chairman BY: 4t -Tern ^ D putt' County Cle e 14 EXCUSED Constance L. Harbert .4 C.W. Kirby EXCUSED DATE OF APPROVAL Gordon E. Lacy TAPE #9_0-18 DOCKET #90-6 PL0675 900245 • A 'I' T E: !,: II ,, C DPCOPD PLEASE write or print legibly your name , addrPr and the name of the applicant or Docket # _for the hearing you _f-..re attendina . TODAY' S HEARINGS ARE AS FOLLOWS: `{ARCH 14, 1990 DOCKET # 9_0-3 USR-SINGLE FAMILY DWELLING UNIT ON A LOT UNDER THE MINIMUL LOT SIZE IN THE AGRICULTURAL ZONE DISTRICT - CLINTON & JULIA WAREHIME DOCKET # 90-5 USR & CERTIFICATE OF DESIGNATION - LAND APPLIEATION OF COMMERCIAL SLUDGE - LIQUID WASTE MANAGEMENT, INC. & MARIE LOUIS GOLLNER DOCKET # -90-4 USR-OPEN-PIT GRAVEL MINE - C & M COMPANIES (BRIGHTON LOCATION) NAME ADCF.ESS IPEIA.FT'-G i,'1"1'-ENDING 1 ' I.t"y L. , `ik.ovL:,k1 ii Al( - Li. (.:.v A�• 3 r t I :r' ? IT'. (: .t Gam': _ c lZ'uli y 1/4Ki t /11 : . i' .a l 4.a tL.,_( 4'' % rl f '• ___C � • i-Li /;r.-/j !,! , ' 't' :1. .r '/ c1 ',, .7, • � a�,14 +�*I_ ��1, ��l�1)l1au Xi, 1-t �r7,76c. ,•.L•{ c t_ !/ �I ')1 1 4.. .•, .- I a• , s. / • ••T C ti , . . :1 . • t-' c- / t. % C ►w._ LaLU .! t --- ,COI 1 / L t :`_.-. 1...L16-1-_..-IL 1(.••-•-&--- j1ocilt 7- ff A im /li<< . 'z/ /41v --- l: ili 44 fib iil- r4 ti-I01c ai-fics AI ,r6 • ( U.'( /tj (r I (Wei pt1 /l t. t /`f e If ): E /' t_c I"//55 3 - i� I'`''_-"- IS''`/ iL/l 1•�-ht'/�' , ;. ,, / t/ , ;, . j -. . • t•. 1: t4' •t!i- '1. `1 _ .i • 1v1 i4 .,c.'f L,. ' '. 1 ;',s it _4f. 6.t.►..: L',- `12 '-/ 1VEEL MV1? A )-/LP/('l/:t• 3i ; !f (ZI/c/.) t -112 Ey 'le'titili.c;ru (` 1 , /''f,.1') ,,i 1y�.,•r'i• t -516 S ,! L(_ eI(� 5r /rJ^ n. - L4 , � � ! C' C �1�[ 74 a ^t / - k,ey---.-1, -...,--2.71,./...„_. _ o-O ,7;iL 900245 PUBLIC NOTICE The Board of County Commissioners of Weld County, Colorado, on March 14, 1990, conditionally approved a Site Specific Development Plan and a 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. , es amended, for a period of three years. APPLICANT: C & M Companies c/o Gary Tuttle 11-990 Grant -Street, Suite 410 Denver, Colorado 80233 LEGAL DESCRIPTION: Part of the E} NWT of Section 30, NE} SWi and SEi SW} of Section 30, Ni NE} NE} of Section 31 , all in -Township 1 North, Range 66 -West of the -6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: Open-pit gravel mine SIZI; OF PARCEL: 1-41 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: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK -TO THE BOARD BY: Mary Reiff, Deputy PUBLISHED: March 22, 1990, in The New News 900245 PUBLIC Bed N CCmn�snn�sWi1aonosaets� dt ela Tema, color orally on approved 14, 1 Specific Development Plan and a Special Review -Permit for the property and Conditional described pbreolopwe. right-pursuant approval of this SB of Title 7A,C.R a amended, for a pner�4ioodd of three years. APPIJCANT: C&M Companies c/o_Gary-Tuttle 11990£rant Street Suite 410 DLEGAL tt77eeeenver,Colorado02223333 Section NE1/4 SW1/4 and SE1/4 SWI/4 of Section. 90, N1/2 NEI/4 NE1/4 of Section 91, a8 in Township 1 North, Rome 99 West oof the 6th P.M—Weld S PE AND INTEN rS T ITY OF APPROVED USE: Open-pit navel OF D SIZE PARCEL: 141 acres, more_oriess Failure to abide by the terms and conditions of approval will-result in forfeiture of the vested ProPerb right BOARD OF COUNTY COMMISSIONERS WELD COUNTY COWRADO r m BY: MARY NFEWASTEIN `-C - COUNTY_CLERK AND RECORDER-ANDHLERR TO Reiff,Miry THE BOARD De IW -The New Deputy lWY f I a s 900245 NOT I C E Pursuant to the zoning laws of the State of Colorado and the Weld _County Zoning Ordinance, a public hearing will be held in the Chambers of the -Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Site Specific Development Plan and Special Review 4ermit are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the -Board's Office shall be advised in writing of such action -at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so -certified by the Weld County Planning Commission may be examined in she office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 90-6 C & M Companies c/o Gary Tuttle 11990 Grant Street, Suite 410 Denver, Colorado 80233 DATE: March 14, 1990 TIME: 10:00 A.M. REQUEST: Site Specific Development Plan and Special Review Permit - Open-pit gravel mine LEGAL DESCRIPTION: Part of the E} NW} of Section 30, NEI SW} and SEI SWI of Section 30, N} NE} NE} of Section 31, Township 1 North, Range 66 West of the 6th P.M. , Weld County, Colorado LOCATION: South of and adjacent to Weld County Road 6 and -west of U,S. Highway 85 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE -BOARD BY: Mary Reiff, Deputy DATED: Febuary 5, 1-990 PUBLISHED: March 1, 1990, in The New News 900245 NOTICE net W�e thel9 M litY-1111g be held'ir the of Colorado, WeldCof��pWtyeaCeeetaioli1 S915 10th Sreet, First e:Say,Ai- aye Hans °anneWeiested in the Site iBc Development-Plan end r_requesre ted Review to vatttend Sand may ay be any �Mdeer0eaWd� ___„rt rare Faddla_��of_t e-repoAkr to hmmewh�i°hht ems wffi- b° -t�oedt o�p£e BoBoard's r,hau b�ebethe �advi ed Nye Nd�vg WWI* hee�pg. Thee°tom test te�eco�urtn�� t9 the the 9yeMramty Planning comet °n may be-examined Jp the office d Cleat=jot tionoer, -Board-of rife Crater, �d 919 Ilierj=, Third -Floor, tatm� ° W 0, ver,Colorado SATE: March 14,1990 10:00 Aid. Site Revierlele PermitPlan -and —Open-pit gravel Ina Fart of I/1 Midsde 0 sw1T190at MowNNEhII//4 NEv1 d II Taad�{{a�tTiOWcent �p: South d and ad-west otUS.H Highway Road B BOARD _COUNTY // ) n, f-C BYWELD CCU& NE Ma NTY AND ,1 -s, /� RECORDER-AND ARD {l- -�� zt 4-----/ �-� �ATEp�BFa.�Mary 6,lfld J` `- `" /C-T-' pablli in The New News oo Wrch 1,1990. y (CLLJ -- -------//t f----- 900242 • Affidavit of Publication a STATE OF COLORADO Phsaenha be lira loos et the slop d County of Weld SS. Colorado and old County Zoning Ordinance, a ring will be bald in the Chambers of 4 . Board of County I A.Winkler Rieeel of said County of Weld being duly sworn.say Commissioners eld County, Colorado, that I am publisher of Weld County C nisi Center, 915 10th Street, First esiey, Colorado,at the F f]R T I IIPTUM DT U AI P R F C R time specified. Gong in any manner that. the same is a weekly newspaper of general circulation was interested in lh Specific Development Plan and Special Permit are requeeled printed and published to the town of to attend and niatffikiheerd. FORT ! UPTON 'Should the epplibiffitor any interested party in said county and state that the notice of advertisement.of which desire the pretend...Ss court reporter to maks the annexed is a true copy has been published 1n said weekly a record of the proceedings, In addhlon to the newspaper for taped record which will be kept during the ( 1111119.the,C - it Boad%Office she be consecutive weeks: advised in SWUM oh action at limit five that the notice was published in the regular and entire issue of every days prior to the .The cost of engaging number of said newspaper during the period and time of publication a court reporter:Omit be borne by the of said notice and in the newspaper proper and not in a supplement requesting party. th :that d th�pa�be�ng ofthe said date contained d the BE IT ALSO KNO*:that the text and maps so certified by UM Meld County Planning J.-A.D..19YU and the last publication Commission may dadifetamined in the office of thereof.in the l of said newspaper.bearing date. the Clark to My Board of County r Commissioners, j9 ldid in the Weld County the day of O9aia1__ 15 10th Slyest, Third Mraaa; fltaaMag+ .--/f._-(1:—Lc- -(L------ 14'6. that the said oar hip, tt:*t .e;rf Anwar FORT I I1PTOM PRFSC . ,% C YM�Oaalp991es has been published continuously and uninterruptedly during the ♦ega410 period of at least fifty-two consecutive weeks next prior to the first SSD Grant Street, Suite 410 issue thereof containing said notice or advertisement above referred Denver, Colorado 80233 to: and that said newspaper was at the time of each of the :- publications of said notice duly qualified for that purpose within the DATE: March 14, 199 meaning of an act entitled. t Co. Legal Notices. TIME: 10:00 A.M. Advertise-men - and Publics•ons and the ees of Printers and REQUEST: Sits S Development Plan and Publishers -•f, and to '-.eat all Acts • Parts of Acts In Special Review P Open-pit gravel mine Conflict wi e • . ons of • April 7.1• 11,and LEGAL DESCRIP Part of the E1/2 NW1/4 all - .,end ..ts th. .•f• and r .cut ,as arhehded • - • act of Section 90, N W1/4 and SE1/4 SW1/4 923. . - ?� -. May 13. 93 of Section 90, N1 f4 NE1/4 of Section 31, ••" ' + Township 1 Nort sill Wist of the Nh 7. P.M., Weld Count^ ado a LOCATION: Scut and adjacent to Weld County Road 9 a t of U.S.Highway 85 and sworn to before me this Al day o f `',` `, i BOARD OF COUNTY COMMISSIONERS .-e-C1 Yw� A D 19 COUNTY, COLORADO ARV ANN FRE RE 4 �J t / COU SK AND RECORDER -� CLERK TO THE BOARD Notary Public BY: Mary Reiff,Deputy 41 c DFAIVFR AVFAIIIF DATED: Februarys 1990 Published in the F1b'i!:Lupton Press February FORT II1PTOA. CO R0530 ss,�i990:�.w My commission expires June 1992 My Commission expires June 30,195 - 900243 DATE: February 5 , 1990 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners : If you have no objections, we have tentatively set the following hearing for the 14th day of March, 1990 , at 10 : 00 A.M. Docket No. 90-6 - Site Specific Development Plan and Special Review Permit for an open-pit gravel mine - C & M Companies OFFICE OF THE CL K TO THE BOARD By; X Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 900245 SIGN POSTING CERTIFICATF I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST TEN (10) DAYS PRECEDING THE PLANNING COMMISSION/BOARD OF COUNTY COMMISSIONER'S HEARING FOR CASE # 152 qo'6 ' . THE SIGN WAS POSTED BY: c0a- Y F-7/T NAME OF PERSON POSTING SIGN SIGNATURE OF APPLICANT STATE OF COLORADO COUNTY OF WELD SUBSCRIBED AND SWORN TO BEFORE ME THIS° DAY BF-- lo111v (S EAL NOTARY PUBLIC MY COMMISSION EXPIRES- gyp ! - QI , l°( �C) _AST DAY TO POST SIGN IS: AIM 4 IT90 /z� J ay 5g7 r'\�qL__ 900245 FEB 2 , 1990 1 4- two Cry. if 'l, l 13 Vh ia;Cv AGREEMENT Ii ul. THIS AGREEMENT made and entered into this day of March, I', 1990, by and between C & M Companies, hereinafter referred to as"C & M" and the Ground Water Management Subdistrict of the '� l', Central Colorado Water Conservancy District, hereinafter referred " ?, to as "Central. " 'g,;, 41 WITNESSETH: 4, ^ WHEREAS, C & M has an application for a mining permit pending % before the Mined Land Reclamation Board for property in parts of t!!ii'Section 30 and 31 , Township 1 North, Range 66 West of the 6thii I P.M. , Weld County, Colorado known as the Platte Valley Pit; and WHEREAS, Central has decreed wells on said property which ma ,, be impacted by the proposed mining; and y C`l~ WHEREAS, Central has requested a formal public hearing before ,i`,` the Mined Land Reclamation Board to address the potential injury to its wells; and dryµ; WHEREAS, the parties desire to settle the issue of potential j" injury to Central ' s wells between themselves. NOW, THEREFORE, in consideration of theii ii mutual premises and EED promises and covenants of the parties hereto, IT IS AGREED AS FOLLOWS: , 1 . C & M agrees that it will not mine the property subject of the Platte Valley Pit Mining Applicationrlocatedtin he ti „ Sections 30 and 31 , Township 1 North, Range 66 West of the 6th P .M. , Weld County, Colorado unless and until it obtains an I"'; agreement with Central with respect to potential injury to „; Central ' s wells . Ili�� 2 . Central agrees with withdraw its request for a formal `lll public hearing upon execution of this agreement and will not i ,?' object to the issuance of the proposed mining permit . iI' 3 . The parties agree that this Agreement shall be a condition to the mining permit to be issued by the Mined Land Reclamation Board and the Special Review Permit to be issued by 0 the weld County Commissioners such that no mining shall take II ,, place until the condition is satisfied . 4 . This Agreement represents the complete agreement of the parties and no oral modification shall be recognized . Any ,Ii' amendments or additions shall be made in writing and shall signed by the parties hereto.001 be '". ' oi Ir,i Ila 900245 'jl. 1.. y .,� • IFJ pj. l 5. This Agreement shall be binding upon the parties, their successors and assigns. h'!t4 IN WITNESS WHEREOF, C & M Companies and the Ground Water jl Management Subdistrict of the Central Colorado Water Conservancy p1,)N District have caused this Agreement to be executed by its j , authorized officers. ('Ir`J' DATED the date and year first written above. ' I) C & OMPANIE . i By 43 ;gag 1 1 I • (¢eel) 1 , , ; , 1 + Sec ary i'CI s 'k GROUND WATER MANAGEMENT , SUBDISTRICT OF THE CENTRAL i +} la l� COLORADO WATER CONSERVANCY DISTRICT I',!ul By1if Robert W. Walker , President ). ATTEST: q{lii (sea] ) jft' r,r� v ',( Thomas V. Cech, Secretary td STATE OF COLORADO ) kl'' ) ss . COUNTY OF ) pIII1 Subscribed and .sworn to before me this /07i- day of March, : )1 1990, by The-x4(/ . )tiy +-crrx as President of C & M Companies , r,, , WITNESS my hand and official seal. i':'ir'. 4..--4 1! /Z: ' . ICI ' of ry Public 4 isii (.'' My Commission Expires: ,,' f ') i!i; -2- S00245 \ STATE OF COLORADO ) COUNTY OF WELD Subscribed and sworn to before me this day of march, 1990 by Robert W. water as President of the Ground Water Management Subdistrict of the Central Colorado water conservancy District. WITNESS my hand and official seal. } Notary Public } my Commission Expire \ \ \ � \ � y � / \ ( f � \ � \ � . % . y 900245 \!NITED POWER UNITED POWER, INCORPORATED P.O.BOX 929,BRIGHTON,CO 80601 TELEPHONE:(303)659-0551 •ENTERPRISE 222 FAX(303)659-0551,X 261 March 12, 1990 Mr. Keith Schuett Weld County Planning Services 915 - 10th Street Greeley, CO 80631 SUBJECT: USR - 905 C do M COMPANIES Dear Mr. Schuett: Union REA, Inc., dba United Power, Inc., has an underground electrical power line across property owned by C M Companies, which is proposed for an open pit gravel mine. United Power does not object -to the proposed use; however, we are concerned that the gravel operation will eventually interfere with the power line. In the consideration of this project, we urge the county to set forth standards concerning relocation of the line when it becomes necessary for continued development of the mine. Historically, United power had an overhead line across the subject property. That line was replaced with the existing underground line in 1972. The line has been in continuous use for over 50 years, and it remains the backbone to our distribution system even today. We have met with Mr. Gary Tuttle of Tuttle Applegate, Inc., to discuss the proposed gravel mine. We also talked about our legal interests and the right to have the line across the property. We do not have a specifically described, nor recorded, easement for the power line. However, the original line was probably built on a blanket easement and with permission of the landowner. When the line was rebuilt underground, a second easement was not acquired. We suggest the gravel mine be considered with knowledge that our line will have to be dealt with in the future. The options may include rerouting around the project or even elimination of the line. Because we maintain a legal right.on the property, the cost to relocate would be the responsibility of the owner-operator of the mine. Thank you for your consideration of our interest in the proposed gravel mine project. Sincerely, Union Rural Electric Association, Inc., dba UNITED POWER, INC. 1E1 517-\*7 1 )772-31,12--e_2 't 1 r II MAR 1 3 1990 }I Bill Meier, Land Specialist BM/jf 1te(0 Cn. tn:.,, • cc: Tuttle Applegate A CONSUMER OWNED UTILITY 900245 _Summary of the Weld County Planning Commission Meeting _January 23, 1990 _Page 9 The Chairman called for discussion from the members of the Planning Commission. No further discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their -decision. LeAnn Reid - yes; Judy Yamaguchi - yes; Ann Garrison - yes; Jerry Kiefer - yes; Ernie Ross - yes. Motion carried unanimously. CASE NUMBER: USR-905 1. APPLICANT: C & -M Companies, c/o Gary Tuttle REQUEST: A Site Specific Development Plan and a Special Review permit for open-pit gravel mining. LEGAL DESCRIPTION: E3 NW} of Section 30, NE} SW} and SE} SW} of Section 30, Ni NE} NE} of Section 31 all located in TIN, R66W of the 6th P.M. , Weld County, Colorado lOCATION: South of and adjacent to Weld County Road 6 and west of US Highway 85. APPEARANCE: Gary Tuttle, Tuttle and Applegate, represented the applicant. This is a 110 acre site approximately 3 miles north of Brighton. They are within the Urban Growth _Boundary Area of the County Comprehensive Plan. -To make a water storage reservoir, they will have lined pits. After the land is mined, they will landscape the property. They will _comply with fugitive dust and noise requirements. There is a ready-mix concrete plant on-site that is not being used. They will also enter into a road agreement with Weld County. They have reviewed the recommendation of the Department of Planning Services staff and agree with the requirements with the exception of Condition #2. The former landowner entered into a signed agreement with Central Colorado Water District in 1975 and the applicants feel the agreement is still binding. The Chairman called for discussion from the audience. Kim Lawrence, Attorney, Central Weld County Water District, stated they do not agree that the agreement is binding. It is their feeling the property was -being used for agriculture and this is a completely different use. Therefore they asked that Condition #2 not be amended. Zee Morrison explained no sentence could be struck from this condition because one sentence is contingent to the other. Tape 368 - Side 2 200245 Summary of the Weld County Planning Commission Meeting January 23, 1990 Page 10 NOTICE: 4:23 p.m. - The Chairman called the Planning Commission into Executive Session. 4:28 p.m. The Planning Commission is again in public session. The Chairman asked Lanell Curry to read the recommendation of the Department of Planning Services staff into the record. MOTION: LeAnn Reid moved Case Number USR-905 for C & M Companies for a Site Specific Development Plan and a Special Review permit for open-pit mining be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendations, conditions, and Development Standards presented by the Department of Planning Services staff and the testimony heard by the Planning Commission. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. LeAnn Reid - yes; Judy Yamaguchi - yes; Ann Garrison - yes; Jerry Kiefer - yes; Ernie Ross - yes. Motion carried unanimously. The Chairman called for additional business. There was none. The meeting was adjourned at 4:37 p.m. Respectfully submitted, Or o d Bobbie Good \\ Secretary 900245 I BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION iv RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by LeAnn Reid that the following resolution be introduced for passage by the Weld County Planning Commission. Be it Resovled by the Weld County Planning Commission that the application for: CASE NUMBER: USR-905 NAME: C & M Companies, c/o Gary Tuttle ADDRESS: 11990 Grant Street, Suite 410, Denver, CO 80233 REQUEST: A Site Specific Development Plan and a Special Review permit for an open-pit gravel mine. LEGAL DESCRIPTION: Part of the E§ NW* of Section 30, NE* SW* and SE$ SW} of Section 30, Ni NE* NE* of Section 31, T1N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: South of and adjacent to Weld County Road 6 and west of U.S. Highway 85. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Sections 24.7, 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 Resource Goals and Policies, the Urban Growth Boundary Area Goals and Policies, and the Transportation Goals and Policies. The conditions of approval and development standards will ensure that these goals and policies are met. The comprehensive plan encourages the extraction of mineral resources when the mining plan promotes reasonable and orderly development of the minerals. - The proposal is consistent with the intent of the Agricultural zone district and is provided for as a use by special review. - Conditions of approval and development standards will ensure compatibility with the existing surrounding land uses. Surrounding land uses include pasture land, radio tower, concrete batch plant, the South Platte River, and a rural residential home site. 900245 ,c"X C & M Companies USR-905 Page 2 • - The proposed use will not have an adverse affect on the existing and future development of the surrounding area as permitted by Weld County and the City of Brighton's Comprehensive Plans. The Brighton City Planner, Jim Sayre, reviewed this proposal and recommends approval. - The special review permit site is located in the 100 year floodplain. The special review permit development standards address the overlay district requirements. No other overlay districts affect the site. - Special Review 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 submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Planning Commission's recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to the special review permit activity occurring on the site, evidence shall be submitted to the Department of Planning Services that: The Division of Water Resources has approved a well permit or other legal water supply for the mining operations; - All permits required by the Army Corps of Engineers have been obtained; An emissions permit has been obtained from the Air Pollution Control Division, Colorado Department of Health, for fugitive dust and odorS; 900245 C & M Companies USR-905 Page 3 • - A dust control plan has been approved by the Weld County Health Department; - The use by special review activity will not cause injury to vested or conditional water rights as set forth in Section 44.4.11 of the Weld County Zoning Ordinance. This shall include a signed agreement approved by the Central Colorado Water Conservancy District; A flood hazard development permit shall be applied for and approved for each materials stockpile or any building or structure requiring a building permit that is located within the 100 year floodplain; and - A NPDES permit has been obtained from the Water Quality Control Division of the Colorado Department of Health. 4. Prior to recording the special review permit plat: - The plat shall be amended to show a total 40 foot right-of-way reservation south of the centerline of Weld County Road 6; A copy of a plan approved by the West Adams Soil Conservation District mitigating the concerns expressed in their letter of January 4, 1990, shall be submitted to the Department of Planning Services; and The following note shall be placed on the special review permit plat: Note: The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities related to mining and reclamation are, therefore, under the jurisdiction of the Mined Land Reclamation Board. However, Weld County has jurisdiction of those matters outlined in the Development Standards. - The plat shall be amended to show the access road onto Weld County Road 6 paved for a distance of 100 feet. The turning radii and width of the pavement shall be designed to accommodate large trucks. 900245 C & M Companies USR-905 Page 4 A road maintenance agreement for the haul route from the Special Review permit site to U.S. Highway 85 shall be submitted to the Weld County Engineering Department for review and approval by the Board of County Commissioners. Motion seconded by Judy Yamaguchi. VOTE: For Passage Against Passage LeAnn Reid Judy Yamaguchi Ann Garrison Jerry Kiefer Ernie Ross The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Bobbie Good, Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on January 23, 1990, and recorded in Book No. XII of the proceedings of the Planning Commission. Dated the 24th day of January, 1990. rb a1,.b.-s Cr era a Bobbie Good a\ Secretary 900245 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS C & M COMPANIES, C/O GARY TUTTLE USR-905 1. The Site Specific Development Plan and Special Review permit is for an open-pit gravel mine 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 Article 68 of Title 24 C.R.S. , as amended. 3. Waste oil, stains, treatments, anti-freeze, and other associated liquid and solid wastes, shall be stored and removed for final disposal in a manner that protect against surface and groundwater contamination. 4. An Air Emissions Permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health, if required. 5. No permanent disposal of wastes shall be permitted at this site. 6. The septic system for the proposed office is required to be designed by a Colorado Registered Professional Engineer in accordance with the Weld County Individual Sewage Disposal Regulations. 7. Overburden and top-soil material shall be handled and stored in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 8. Fugitive dust shall be confined on this site. 9. The NPDES Permit shall be maintained in compliance, at all times, with the Water Quality Control Division of the Colorado Department of Health. 10. The maximum permissible noise level shall not exceed the industrial limit of 80dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 11. An employee restroom with sanitary toilet facilities shall be installed in accordance with the Weld County Individual Sewage Disposal Regulations if required for the proposed facility. 12. Dust shall be controlled on all haul routes on site so that it does not constitute a nuisance condition to adjacent property owners. 900245 C & M Companies USR-905 Page 2 13. The dust control plan approved by the Weld County Health Department shall be maintained in compliance at all times. The operation of the facility shall have sufficient equipment on-site and available as needed to control dust. 14. The gravel mining operation shall comply with Section 44.4 of the Weld County Zoning Ordinance. Any violation of these regulations shall be grounds for enforcement of Section 44.6 of the Weld County Zoning Ordinance. 15. The haul route for the mining operation shall be Weld County Road 6 east to U.S. Highway 85. No hauling shall be allowed west of the gravel pit access on Weld County Road 6. 16. The property shall be maintained in compliance with the Weld County Flood Hazard Overlay District requirements. 17. The property shall be maintained in compliance with Section 404 of the Clean Water Act, if applicable. 18. The mining activity shall be maintained in compliance with the requirements of the Oil and Gas Conservation Commission. 19. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 20. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 21. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 22. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities Carried out on the property comply with the Development Standards -stated hereon and all applicable Weld County Regulations. 23. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 200245 C & M Companies USR-905 Page 3 24. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 900245 £ & M COMPANIES C/0 GARY TUTTLE USR-905 ADDITIONAL COMMENTS The screening plan requested by City of Brighton Planner, Jim Sayre, in his Letter dated January 4, 1990, would be located on property adjacent to this proposal. Screening plan for the materials processing in the i-3 (Industrial) zone district will be addressed as part of the required Site Plan Review. 200245 INVEr OF ITEMS SUBMITTED FOR CONS- - ' PION C & M Companies Case Number USR-905 Submitted or -Prepared -Prior to Hearing -At Hearing 1. Application 62 -Pages X 2. Two application plat(s) 2 page (s) X 3. DPS Referral Summary Sheet X 4. DPS -Recommendation X 5. DPS Surrounding Property Owner's Mailing List X -6. DPS Mineral Owner's Mailing List X 7. Three DPS Maps Prepared by Planning Technician X -8. -PPS Notice of Hearing X 9. -DPS Case File Summary Sheet X 10. DPS Field Check X 11. Letter dated January 15, 1990, from Kim Lawrence X 12. Letter dated January 4, 1990, from Tom Chech X 13. Letter dated January 5, 1990, from _Terry McKee X 14. Letter dated January 4, 1990, from Uim Sayre X 15. Memo dated January 5, 1990, from Wes Potter, X Weld County Health Department 16. Letter dated January 8, 1990, from Evan A. X Hooper, Jr. 17. Referral response 'dated January 9, 1990, from X Ed Herring, Office of Emergency Management 18. Referral response dated January 8, 1990, from X Larry Long 19. Letter dated January 9, 1990, from Stephen -Pott X 20. Letter dated January -4, 1990, from Oscar Hake X 21. -Referral response dated January 11d, 1990, from X Larry Rogstad, Division of Wildlife 22. letter dated January 22, 1990, from Bill Meier, Land Specialist, United -Power I hereby certify that the 21 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. _I further certify that these items were forwarded to the Clerk to the Board's office on January 26, 1990. der. STATE OF COLORADO ) COUNTY'C1;cYELD 9U YiMp•. 1L SWORN 3'O BEFORE ME THIS 2...5 — day of �rQ��C,, 19gJ or r.ov-u NOTAhY PUBLIC My Commission Expires My Commission Expires Feb, 13, 1993 900245 JV��--��ii J EXHIBIT INVENTORY CONTROL SHEET / � N Case (1,75/(7 - C / / 74",&,-„„) Ex-hi bit /J Submitted By Exhibit Description C. :)\ t tic. • 161 ()I/CA 11-119JYYN21 C. - H. I. J. L. M. N. 0. 200245 i`4NITED POWER _UNITED POWER, INCORPORATED P.O.BOX 929,BRIGHTON,CO 80601 TELEPHONE:(303)659-0551 •ENTERPRISE 222 FAX(303)659-0551,X 261 January22, 1990 Mr. Gary Tuttle Tuttle Applegate 113390 Grant Street,Suite 410 Denver, CO 80233 -Subject: C do M Companies' Open Gravel Mine Sections 30 and 31, T1N, R66W Dear Gary: United Power, Inc. is advised of the gravel mine proposed by C do M Companies at Weld County Road 6 andllghway 85. The proposed gravel operation includes an area where we operate an underground electrical powerline. The powerline has been in continuous operation since 1965 and is a main feeder in our electrical system. The enclosed map shows the area of the proposed gravel mine and the existing underground powerline. The powerline was originally installed overhead on an easement granted by George Mancini Feed Lots, Inc.. A copy of that easement is enclosed. The overhead line was blown down during a snow storm in 1972. It was then rebuilt underground at it's present location. The powerline-should be addressed in the Special Review Permit and in the operation plan of the proposed gravel mine. If you have any questions, please let me know. Sincerely, Unit ower, In, . _ Bill Meier, Land Specialist 1 JAN 2 199U A� encl. titi9Tc. kin hnav „ .,;.„`,,,, cc: Weld County Planning A CONSUMER OWNED UTILITY 900245 L_, `r111 /Pie KALt3 i—/9- 90 Soli ., a. Io . 1, f^iii :�g..'f'g.:°?'h`,. :.;i 1 FircTcje, SC.w1 I!. ©`5 3 C 1 i I A kilVi.:': i:'i :i.''•3:.?': :. TO TA i is Thy, • O 46 2 9 K.5. 0 95 F.. IlAI I TED POW- N.C. 111h tit %_y[. 70'tsrrfi: '?::- UdEr— 1a-D L-LerI 5:.T::,.:`•5'1:;'i..: i. s4/o ACSR 5 6 /8• 4'... _ ■ — • 4/o ACSR 'S JOINT USE S JOINT USE. 29 ��Lyr��} •� I SOLID 1.I 4,4;:P 9". : . .•. 3 3BLADES ivo. 29 il\� I 8 - •. • i• • • • r7 X12 I„01'ii�'L��..�.1�(( T'�' Q illv I C EtELTelL / 5 46-28- :_. f. SW 1 F /ILE TD , r`.. C• OM C.DAJLT-ETfo ,�>1 14 / / 4,4' y ' 31 i Q,� 32 �) C r tr4P4 j 1 ...• e 1/4) / L .7o�T, � . 6 ‘-3/-// II I •• • 1 I 1 (._ ,w, No z. I/I I J I 3 Area E Amp; E JOINS MAP 58 -$cALE DATE REVISIONS AND PURPOSE UNION RURAL ELECTRIC AREAS EBB I INCH A B•i__^-60 ansed -ao Revise., ASSOCIATION INC. • 4/SECTION MAP ..It_.-" ft • ' C RURAL ELECTRIFICATION ADMIMSTPATIC .I BRIGHT0N, COLORADO STATE SCOUNTY TOWNSHIP MAP 1K II - _COLORADO 22 BOULDER COLO T I N 461 C.X.GUERNSEY I COMPANY OKLAX CITY,OKLA 3012,3 WA Dim R,: Cka fir Rona R. WELD R66W 31;.'.2 I D NO' I Dot,: • 900245 ELECTRIC LINE RI-GET-OF-WAY EASEMENT 4 . KNOW ALL MEN BY THESE PRESENTS, That we the undersigned/Se-4-7 1te C'wr,✓1 "tee S2---G� ititi 4 ler a good and valuable consideration, the receipt whereof is hereby acknowledged, do hereby grant unto UNION RURAL ELECTRIC ASSOCIATION, INC. , a cooperative corporation (hereinafter called the "Cooperative" whose post office address is P.O. Box 218, Brighton, Colorado, and to its successors or assigns, the right to ' enter upon the lands of the undersigned, situated in the County of State of Colorado, and more particularly described as follows: A tract of land approximately acres in area, located approximately miles in a direction from the Town of , and further described as being Section 3e' Township //r Range !GllJ end -to construct, reconstruct, rephase, repair, operate and maintain an the above described lands and/or in or upon all streets, roads or highways abutting said lands, an electric transmission and/or distribution line or system; to cut, -trim and control the growth by chemical means, machinery or otherwise of trees and shrubbery located within /n feet of the ^enter line of said line or system, nr that may interfere with or threaten to endanger the operation and maintenance of said line or system (including any control of the growth of other vegetation -in the' right--cf-way which may incidentally and necessarily result from the means of control employed) ; and to license, permit, or otherwise agree to the joint use or occupancy of the line or system by any other person, association or corporation, for electrification or telephone purposes. The..undersigned agree that all poles, wires and other facilities including any wain 'service entrance equipment, installed on the above-described lands at the Coopeative's -expense shall -remain the property of the Cooperative, removable at the pp on of the Cooperative, upon termination of service to or on said lands. • e . The undersigned covenant that they are the owners oX, the above-described lands. IN WITNESS, WHEREOF, the undersigned��?? have set their hands and seals this / 3 `_, day of C� -c 19 �.,_S. l r (� Signed, sealed and delivered ✓�" �slni EVun1e / -a''C in he presence Q oo. (L.S.) Yl/672[L(r( 71�r,1a x �/1/24-4-4-7_ 114A-Gt c!u ' (L.S.) STATE OF COLORADO ) )ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 19 , by - IN WITNESS WHEREOF, I have hereunto set my hand and official -seal. Notary Public My commission expires , 19 900245 Date: January 23, 19190 CASE NUMBE-R: USR-905 NAME: C S M Companies, c/o Gary Tuttle ADDRESS: 11990 Grant Street, -Suite 410 Denver, _CO 80233 REQUEST: -A Bite Specific Development Plan and a Spacial Review permit for an open-pit gravel mine. LEGAL DESCRIPTION: Fart of the E} NW-i of _Section 30, NE} SWI and SE} SW* -of Section 30, N} NE-I NE} of Section 31, T1N, R66W of -the 6th P.M. , Weld County, Colorado LOCATION: South of and adjac-ent to Weld County Road 6 and west of 51.S. Highway _S5. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS -REQUEST BE APPROVED FOR THE -FOLLOWING REASONS: 1. The submitted materials are in compliance with the -application requirements of Sections 24.7, 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 211.3 r,f the Weld County Zoning Ordinance as follows: This proposal is consistent with the Weld County Comprehensive Plan's Mineral -Resource _Goals and policies, the Urban Growth Boundary Area Goals and _Policies, and the Transportation Goals and Policies. The 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 the minerals. The proposal is consistent with the intent of the Agricultural zone district and is provided for as a use -by special review. Conditions of approval and development standards -will ensur-e compatibility with the existing surrounding _land uses. Surrounding 1-and uses include pasture land, radio tower, concrete batch plant, the South Platte River, and a rural residential home site. 900245 C & M Companies USR-905 Page 2 - The proposed use will not have an adverse affect on the existing and future development 'of the surrounding area as permitted by Weld County -and the City of Brighton's Comprehensive Plans. The Brighton City Planner, Jim Sayre, reviewed this proposal and recommends approval. - The special review permit site is located in the 10D year floodplain. The special review permit development standards address the overlay district requirements. No other overlay districts affect the site. Special Review 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 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 fallowing: 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to r-ecording 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 sha11 not occur nor shall any building or electrical permits be issued on the property until the -Special Review plat is ready to be recorded in the office of the Weld County _Clerk and -Recorder. 3. Prior to the special review permit -activity occurring on the site, evidence shall -be submitted to the Department of -Planning -Services that: The Division of Wat-er Resources has approved a well permit or other legal water supply Tor the mining operations; Ali permits requir-ed by the Army Corps of Engineers have been obtained; An emissions permit has been obtained from the Air Pollution Control _Division, Color-ado Department of Health, for fugitive dust and odors; 900245 C -& M Companies USR-905 Page 3 -A dust control plan has been approved by the Weld County Health Department; The use by special review activity will not cause injury to vested or conditional water rights as set forth in Section 44.4.11 of the Weld County Zoning Ordinance. -This shall include a signed agreement approved by the Central Colorado Water Conservancy District; - A flood -hazard development -permit shall be applied for -and approved for each -materials stockpile or any building or structure requiring a building permit that is located within the 100 year floodplain; and - A NPDES permit -has been obtained from the Water Quality Control Division of the Colorado Department of Health. 4. Prior to recording the special review permit plat: - The plat shall be amended to show a total 40 -foot right-of-way reservation south tf the centerline of Weld County Road 6; - A copy of a plan approved by the West Adams Soil -Conservation District mitigating the concerns expressed in their letter of January 4, 1990, shall be -submitted to the Department of Planning Services; and - The following note shall -be placed on the special review permit plat: Note: The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities related to mining and reclamation are, therefore, under the jurisdiction of the Mined Land Reclamation Board. -However, Weld County has jurisdiction of those matters outlined in the Development Standards. The plat shall be amended to show the access road onto Weld County -Road 6 -paved for a distance of 100 feet. The turning radii and -width of the pavement shall be designed to accommodate large trucks. A road maintenance agreement Tor the haul route from the Special -Review permit site to U.S. Highway 85 shall to submitted to the Weld County Engineering Department for review and approval by the Board of County Commissioners. 9O3245 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS C & M COMPANIES, C/O _GARY -TUTTLE USR-903 1. The Site Specific Development Plan and Special Review permit is for -an open-pit gravel mine 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 Article E8 of Title 24 C.R.S. , as amended. 3. Waste oil, stains, treatments, -anti-freeze, and other associated liquid and solid -wastes, shall be stored and removed for final disposal in a manner that protect against surface and groundwater contamination. 4. An Air -Emissions Permit shall be obtained from the Air Pollution ControliDivision, Colorado Department of Health, if required. 3. No permanent disposal of -wastes shall be permitted at this site. -6. The -septic system for the proposed office is required to be designed by a Colorado Registered Professional -Engineer in accordance with the Weld County Individual Sewage -Disposal -Regulations. 7. Overburden and top-soil material -shall be handled and stored in a manner that controls fugitive dust, blowing debris, and -other potential nuisance conditions. 8. -Fugitive dust shall be confined on this site. 9. The NPDES Permit shall be maintained in compliance, at all times, with the Water Quality Control -Division of the Colorado Department of Health. 10. The maximum permissible noise level shall not exceed the industrial limit of A30ds(A) , as measured according to 25-12-102, Colorado Revised Statutes. 11. An employee restroom with sanitary toilet facilities shall be installed in accordance with the Weld County Individual Sewage _Disp-osal Regulations if required for the proposed facility. 12. Dust shall be controlled on all haul routes on site so that it does -not constitute a -nuisance condition to adjacent property owners. 900245 C & M Companies USA-905 Page 2 13. The dust control plan approved by the Weld County Health -Department shall be maintained in compliance at all times. The operation of the facility shall have sufficient equipment on-site and available -as needed to control dust. 14. The gravel mining operation shall comply with Section 44.4 of the Weld County Zoning Ordinance. Any violation of these regulations shall be grounds for enforcement of Section 44.6 of the Weld County -Zoning Ordinance. 15. The haul route for the mining operation shall be Weld County Road 6 east to U.S. Highway 85. No hauling shall be allowed west of the gravel pit access on Weld County Road 6. 16. The property shall be maintained in compliance with the Weld County Flood -Hazard Overlay District requirements. 17. The property shall be -maintained in compliance with Section 404 of the Clean Water Act, if applicable. 18. The mining activity shall be maintained in compliance with the requirements of the Ail and Gas Conservation Commission. 19. All construction on the property shall be in accordance with the requirements 'of the Weld County Building Code Ordinance. 20. The property owner _or operator shall be responsible for complying with the Design Standards 'of Section 24.5 of the -Weld County Zoning Ordinance. 21. The property 'owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 22. Personnel from the Weld _County Health Department and Weld _County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried cut on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 23. The Special Review area shall be limited to the piens 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. 900245 C & N Companies USR-905 Page 3 24. The property owner or _operator shall be responsible for complying with all of the foregoing Development _Standards. Noncompliance with any of the foregoing _Development Standards maybe reason for revocation of the Permit by the Board of County Commissioners. 900245 C & M COMPANIES C/O GARY TUTTLE USR-905 ADDITIONAL COMMENTS The screening plan requested by City of Brighton Planner, Jim Sayre, in his letter dated January 4, 1990, would be located on property adjacent to this proposal. Screening plan for the materials processing in the I-3 (Industrial) zone district will be addressed as part of the required Site Plan Review . s00245 mEmORAnDUM ink Keith Schuett, Planning January 18, 1990 To Date J� a, -Drew Scheltinga, County Engineer COLORADO From C & M Companies "Platte Valley Pit", USR-905 Subject: The truck access for this pit would be on Weld County Road 6 approximately 1000' east of U.S. Highway 85. I would anticipate the vast majority of the hauling be between the truck access and U.S. Highway 85. Presently, the access is unpaved. I would recommend the applicant be required to pave the access into this site a sufficient distance to keep -mud and gravel off the County road. Also, the access should be designed with adequate width and turning radiuses to accommodate large trucks. Road 6 is already paved and is one of the County's major arterials, with a traffic count exceeding 1200 vehicles per day. However, intense hauling between the truck access and U.S. Highway 85 could do substantial damage to Road 6. However, I do not believe a Road Improvements and Maintenance Agreement should be required. I would recommend the Special Conditions contain a requirement that C & M participate with Weld County in repairing that stretch of Road 6 between the truck access and U.S. Highway 85 if road damage occurs due to C & M's hauling. Damage done by C & M's hauling would be obvious because it would show up in the eastbound lane between the truck access and U.S. Highway 85, and not on other parts of the roadway in the immediate area. `r JAN 18 1990 #feld Co. Phan ..inolisaul IS/mw:prpvp cc: Commissioner Kirby Planning Referral File - C & M "Platte Valley Pit", USR-905 30245 WEST ADAMS 60 S. 27th Avenue SOIL CONSERVATION Brighton, CO :30601 DISTRICT Telephone : 659-7004 January 4, 19 TO Mr . Keith A. Schuett Welds County Planning Department '?15 Tenth Street , Room 042 _Greeley, CO 20631 RE: Case N USR-905 C ;: M Companies Dear Mr . Schuett : So i i s have been adequately covered in trre report prepared by Tuttle Applegate Inc . However , we have t;--e following comments regarding this application . 1 ) The stockpiled topsoil should have an annual crop , such as small grain or hybrid forage scsr-3rium, or it shout d be revered with a mulch , for the first growing season especially during the cr i t i ca I zr-os i on period , November through May. When tcopso 1 l is to be stock- piled for more than one year it should be seeded to permanent grass . For ,grass seed i n2 recommendations, see Reclamation Plan from the So i I Conservation Service , dated August 23, 19;x,9. If broadcast seeding is used, seeding rates should be diub i e❑ . 2) Ttie plan calls for dewatering the pit by pumping the water- iTcto the concrete ditch formerly used by the Central Water Conservancy District , then running the water back into the South Platte River along We ; d County RciaA 6. The outlet end, from the concrete lined ditch to the Platte River- , should be protected fr-corn erosion . If erosion occurs then measures should be taken to stop it . ^) Lowering the water table may affect existing trees along the South Platte -River . • i .. C,C" sir.. 1 ��rj 1 11ir d Cu. rtauaM, „�clrlfmS::u. 900245 • 4) I-efore height cif existing dike is increased with f . vege;at i on and high organic matter Si: i l shOu i d be re- moved and the area should be scarified. lF i I I should then be added to a>; i sting dike . Grass seed i n2,3 sh:'u i d be drone according to So i i Conservation Service guidelines . If broadcast seeding is used seeding rates should be doubled. Sincerely, ?scar Ha ke , Jr . , Fres , dent. Board of Supervi sors 900245 04E f'ill, t Almi DEPART-M ENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 915 10th SFREET GREELEY,COLORADO 80631 Woe USR-405 COLORADO ,�, , h December 27, 1989 tLi±f'iif '!!fJU �, TO WHOM IT MAY CONCERN: 4.14t0. Mamba' Commission Enclosed is an application from C 1. M Companies, c/c 'rattle Applegate, Incorporated, for a Site Specific Development Plan and a Special -Review permit for an open pit mining -operation. The parcel of land is described as P} NW} of Section 30, NE} SW}, and SE} SW} of Section 30, Ni NE} NE} of Section 31, all located in T1N, . R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has teen submitted is south cf and adjacent to ideld County Road 6 and west of U.S. Highway 83. 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 January 10, 1990, so that we may give full -consideration to your recommendation. Please call Keith a. Echuett, Currant Planner, if you have any questions about the application. Check the appropriate boxes ₹below and return to our address listed above. 1. We have _reviewwed 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, tut we feel this _request (is/is not) compatible with the interests of cur 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: �C \ t Agency: 11�)IC,� 0 L.),� il� Date: 1 I f Y/7 0 "00?IS t/ ( •Ib JAN 23195_0 AGREEMENT Weld eo. PNm iN Cnmmi THIS AGREEMENT made and entered into this Iday 9? , 1975 by and between the Central -Colorado _Groundwater Management Subdistrict of the Central Colorado Water Conservancy District, a quasi-municipalcorporation of the state _of Colorado, whose address is Hudson, Colorado and hereinafter referred to as the "Subdistrict" , and Harold T. Baumgartner , -a landowner in Section 30 , Township 1 North, Range 66 west of the 6th Prime Meridian, County of Meld, State of Colorado, and hereinafter referred to as the "Landowner" . WITNESSETH ; WHEREAS, the Subdistrict is desirous of providing a source of water within the South Platte River -Basin so as to supplement, when necessary, the demands made upon the river for shortages caused by the well pumping of those well owners who have lands and well (s) -within the boundaries of the Subdistrict; and WHEREAS, the Subdistrict is desirous of drilling up to six (6) wells in Section 3O , Township 1 North , Range -66 West of the 6th Prime Meridian , County of Weld, State of Colorado, and con- structing a collection ditch system connecting up to six (6) well-s -and deliver said water to a natural channel returning to the South -Platte River; and WHEREAS , the landowner owns the property upon which the Sub- district desires to construct the said wells -and ditch system and Landowner is agreeable to granting said easements on the terms stated in this Agreement; and WHEREAS , it is recognized that construction of said wells by the Subdistrict is vital to the economy of the area ; and NOW THEREFORE in consideration of the foregoing premises 9O0245 .9'3D 16:4e Co IrD DEvElopmEnt Co*** 30345732 02605017 F.03 - 2 - and Six Thousand _Dollars ($6 , 0OO .OD) fn hand paid , receipt of which is acknowledged, and the covenants, promises and agreements of each of the parties to be kept and performer] by them it is agreed : 1. Landowner will grant to the Subdistrict an easement of 23 feet in width for the said wells and one continuous ditch system along the center line (124 feet on each side of the center line) of said stitch system connecting the six (6) wells , and extending to the natural channel leading to the South Platte -River . Said easement shall be granted -following the receipt of a survey and legal description of said easement by a licensed Colorado surveyor based upon actual completed construction of said wells and _ditch system. Said survey and legal description shall be supplied by Subdistrict. Landowner will also permit liberal ingress and egress across his property for construction purposes during the period of construction. -After completion of the initial construc- tion, the Subdistrict shall have the right of ingress and egress over and across Landowner 's adjoining property to and from the easement granted for the purpose of entering so as to maintain , inspect, repair, replace, and restore the -wells and ditch system and for any necessary purpose, provided any such ingress and egress shall be to and from established entrances and along estab- lished ways or Toads . The landowner reserves the night to specifi- cally locate this right of ingress and egress at anytime by survey -and legal description and any such location shall permit reasonable and accessible access to the -easement of the Subdistrict -and there- after all ingress and egress shall be confined to sai-d described right of way . 2 . That the Subdistrict will hold fully harmless the land- owner for and indemnify him against, any injury or claim for injury caused to downstream landowner (s) and/or well owner (s) 900245 - 3 - by the operation of the said wells of the Subdistrict on the described property and shall hold landowner harmless and 'fully indemnify him from and against any and all claims , losses and damages arising out of Subdistrict' s use of the rights granted herein. 3. That the Subdistrict will operate said wells in Eom- pliance with the statutes of the State of Colorado, and hold harmless said landowner for any violation of said laws by the Subdistrict. 4 . That the said landowner shall have the right to relocate said wells, appurtenances and ditch system at his expense, pro- vided, however, that the capacities of the wells shall be the same or greater and the relocated ditch system functions equal to the ditch system prior to relocation . This right shall exist if it becomes necessary for the operation of the landowner ' s business . The subdistrict shall cooperate to the fullest extent in securing the necessary permits for relocating said wells if it becomes necessary. 5 . The location of any well contemplated to be drilled by this agreement but not yet drilled at the date of this agreement shall be mutually agreed upon by the parties . 6 . Subdistrict shall have no right to grant to another or others the right to jointly use the easement and rights granted hereby at the same time Subdistrict is using and exercising same . Landowner reserves and shall have the full right to the use of the subject property except for the purposes granted to Subdistrict and so long as such use by landowner does not interfer-e with Sub- district's use and rights . 7 . This agreement shall be binding _upon the respective par- ties, their heirs, executors, administrators , successors , repre- sentatives and assigns, and shall run with the lands upon which 90O245 .990 16:52 ConCorD "-vEloprncnt __ —— - 4 - each _of the yells are located. IN WITNESS WHEREOF, the parties rave executed this agreement on this day and year hereinafter set fiorth. ATTEST: CENTRAL COLORADO GROUNDWATER MANAGEMENT SUBDISTRICT OF THE CENTRAL -COLORADO WATER CONSER- VANCY DISTRICT l✓ / -By : • a J W- Raybur , 4'ecretary Prea dent H$11rrOO1d F . Baumgartner Landowner 900245 1• ; LAND-USE APPLICATION SUMMARY SHEET Date: January 16, 1990 CASE NUMBER: USR-905 NAME: C & M Companies, c/o Tuttle, Applegate, Incorporated ADDRESS: 11990 Grant Street, Suite 410, Denver, CO 80233 REQUEST: A Site Specific Development Plan and a Special Review permit for an open-pit gravel mine. LEGAL DESCRIPTION: Part of the E} NW} of Section 30, part of the NEI SW* and SE* SW* of Section 30, and NI NE} NW* of Section 31, all in T1N, R66W of the 5th B.M. , Weld County, Colorado LOCATION: South of and adjacent to Weld County -Road 6 and west of State Highway 85. SIZE OF PARCEL: 141 Acres, t POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for view of this Special Review _permit is listed in Section 24.3, 44.4, and 44.5 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received specific recommendations from: - Central Colorado Water Conservancy District; - Department of the Army Corps of Engineers; - City of Brighton; and - Weld County Health Department. Referral responses have not been_received from: - Brighton Soil Conservation District; - Colorado Division -of -Wildlife; and - Weld County Engineering Department. No objections have been received by the Department of _Planning Services; staff from surrounding property owners. 960245 1 Y` - .lam • j,9.-.� - r. h.-aIp-. 7'° N• t• a, 25 a 9 P••✓ •?v f• f •• :F.T_. 0.2l . . -,,,/ - (7 / =‘‘.ir . i • :4 ..k.4, i •I • I NI •— £ • •h" i, 1 ,-1. •• i_,, — \�— — ---. — •,—., a, •--- . it•N I v 1 _ • 1 d ••• ., x . •„• • - - \_ .�_.1 1 ° ..a` o Ij.• i • 1 • `• • 1of',ow... • • tl • 6.iii•; % _I I 'I' • =t _.. �■r► :( 1 11.. tlq •T1TT1TiTi I ]• • t¢p{ •TrEviLLE \ i. u f0 i ]• •'• Sdn$un' - n x• 1 •tf • • r°;::•:::•2) 1.O".• i • • 7a "s• ' ' ' I -‘, s • ff /L_jIv :v. t�P• Hsix . • f) f 21 t• x, nsa •�n\.,P man I' ._i•— • — _• .--- __._ r _a;t -_ . _._ •: :•'-i •• • a • _ • 1 )1 f • u 31 • a as ,)• ` • v 1 ]x v u n•,,' .91' 'dd-:OUR' • IX °^ ' \\ • ` /� r IATE Zs?° y` q , V• x v •••J1 �' • ' J� rl.l•1 •• ••.•s .t 1 ' �1'.� �r a n • ••a O 1 J ' •. • .. . • .Ili 1 �/ [MENAIITL I °( ..o •' 1 C. �1f 'a �� • • • ..o / 1^I : 1( r IMlUe I -+ a i• --i -_ • l 1,4 C• 5O / Yg • • q •� d • �a I• \ �- '. • •:r a �• C...1 ,ie:` . . . �F' *'T•_ ..] . .� (t• .[/1+7.7[1 \ 'I a a _... I , • I ° a '' FI .a.•. . °�a �> . . • y• f ell �. _ _ t _ ?,t/ . a i N. • - - •, - - - • 1—i- - - -----• - 1'f --- I . .- ---�----a •o iii {�• 'La •1 n.I /••. c E 1t:NE .._ a •1.••PO 570 a. • -• xl II EYSNSTON "'' if • fr fa I . °Y • •.,V f •I. • .', •( °r• 'rd.1 I I •°ie:'n ' _ •,I I .vla Ct-- _.•• ' P � `i` - _ (.. I �1` •:;'i:. �. a �� a, °. °�, • /a :: • . . . N'.... -a"I. •,t ' /.~ .� . .2 •� 1 PII S . 12 Li] al ..•. F - E -VI: a t 'aka •O • \° I ` ' 0°CON + • ft // ra•C•vnLII I _�{ OAT LUPTON • J , C1: i• T • • • • •le? Y/ 1)ii J� • iu - ^ �� • l �] •I•� r • • • � Tlt •I `°, • Mf °• • 1. - Y9 •:Kf l�I 1 I % I 1 i i . ... • .OEi • ' -1 •J'_, m• ton I � .,cr •� (' • JJ • y ., RE' �I '1..— .{r ,, 'Y•". y '! ' •� _ .�y •''� •r • .7r!' : 1 1' of i• . �.i i �ps u a 7[ / -' /"el• _.T I.•� J :• `I t,• . 1 • ' a '..•!set J !LmtVra • ,o x n x) ] 14;" -0• 20 '• • a u x) • • 2] x° I 15+ 1 II ( m •a �o °i p � ;°".°'f i 1.[ / °�I. [°^•r f:. '•�•a � lc :),n,� ,. +Yu r7Ne[ c�l�\ .aa _, I I jli e. I I �N�sic-t/c. I D � Yt '�.l.i' r w u• fa ,/• • 1 a , ]• nB' at •I aa• ' a• ;ai• - • > f. • en II 31 / R 6B�N I ;fit IL N U ' N 1 N ,-Cr—7-------s s t / ,. j uJ` I 0e 0 .4.9.:4 • II- BM.. _.. - _ ._— __ - _. _ _._-;.9S8IT_- . ... __ •• • .. - : */ , / al -i : (34.(//,...:._. ° • • 2 .13 � a91ex 18 '�� -.i r-`1 • 1III .930rd ' J 0' DP, ii .c y a u 1933" 493$ BM _ ' ° ', • 4938 •° II " *l - .93a- ' 1 -�� I i l a 9 i 'a ° �,>y10 I Powars L P Aa24 19 •I ° I et 2O; >=7< /- �- 71 I„ . •II - > - sc 'P• c 1 ________�-71-- -1 a \\ I A II a I 3�gdependence II; — �� _____4- i 1 / _School` / 1 095 a 1 , B 1 `. �1i s",) �L / b'413 c94),- 4950 1• _L4_o�_ attenberg �� j i ,� JO Lri L' • 5I • °r '1( II � 3 • V :�� C itt -.:\? ‘ . , 1 I I II• .� \I 1111 Ha s / I rs �T \ - �� _� i • 0.956 I...` . , lea ��• � � �lni( / 4981•° .!I. j: I, A , 4460---77 960! A i _ \ \ ( I \ e9.6 / �I 1 1"J • / � /�J .49•• JJg ��1 — / G Q i( ( 1 7 50.7P• } c-----.. I 3YF 1_ . � 99.P L� ° 2. • kp•.- • oR ..Feld l . • : @-) C227 • 02/ 0.95 1" � . ` r �`� � ,trey, ., - ••• i' ,.t iye I h,�. I x S .aX...1,.. Noe - 1. Y ' .. r % ` ;y { r '� cP :4,',•,-:`"-;--r- r' i , �A r . « ..�V '_�: '•.' "" ' .,T-moo • it }� ~a f t‘• Jam.' . it .3i = .firs+,; f-(1;;" . sr ,,..R`� '. _ •t nth"$ d ♦ �. 1 .1a O Y . , '� • O93 64.ti'xk " tt"y�t a ° - i at 1 2. , f • ,-$ry ��:. .� f -I r\-.)."'', te,, ilia # C7/yy Ca ',' , .t - -.r rt., '1'4 ..... - .A — \ \a .: C) 1 o T {, e Y _ l '-a J. -Ogg ". -\\I"3„ ,IT i ' • r FIELD CHECK Filing Number: USR-905 Date of _Inspection: //7ft0 Applicant's Name: C & M Companies, c/o Tuttle Applegate, Incorporated Request: Site Specific Development Plan and a Special Review permit for an open pit mining operation. Legal Description: E3 NW% of Section 30, NEI SW} and SE* SW} of Section 10, N} NE* NE} _of Section 31, all located in T1N, R66W of the 6th P.M., Weld County, Colorado Location: South of and adjacent to Weld County Road 6 and west of U.S. Highway 85 Land Use: N 47de74.4:7L/aamtfrizt6207/eaa4) , A 65 S i Zoning: 1J a (Agricultural) E i-2 and i-3 (Industrial) __ S -A (Agricultural) o pl")r='� i / r -J�, t W A (Agri-cultural) �k JAN 9 1950 COMMENTS: Weld CO. Maiwh* iNlsmizlu. git (7/We&ICJ Signature of Board Member 900245 FIELD _CHECK FILING NUMBER: USR-995 DATE OF INSPECTION: January 12, 1990 NAME: C & M Company, _c/o Tuttle Applegate, Incorporated REQUEST: Site Specific Development -Plan and a Special Review permit for open-pit mining. LEGAL DESCRIPTION: Part of Sections _31 and 31, T1N, 1t66W of the 6th P.M. , Weld County, Colorado LOCATION: South of and adjacent to Weld County Road 6 and west of US Highway 85 LAND USE: N Weld County Road 6, radio tower, pasture, rural residence E South Platte River, pasture S Pasture, South Platte River W Highway 85 ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: The property is in -pasture at this time. The surrounding land uses include radio tower, river, pasture, and a concrete bath plant. The property is basically flat with a slight slope down to the east. Access is off of Weld County road 6, a paved county collector with an 80 foot right-off-way. By°leIh(o"i 2/,, A. Schuett Current Planner 900245 REFERRAL 2.IST NAME: C 6 M Companies CASE NUMBER: USR-905 REFERRALS SENT: December 27, 1989 REFERRALS TO BE RECEIVED BY: January 10, 1990 COUNTY TOWNS and CITIES _ __Attorney _Ault ✓X Health Department y X Brighton . ,,Extension Service Dacono X Emergency Management Office _Eaton Sheriff's -Office _Erie X Engineering Evans_ _Housing Authority Firestone _ _Airport Authority Fort Lupton _ _Building Inspection Frederick _ _Garden City STATE _Gilcrest _Division of Water Resources _Greeley _Geological Survey _Grover _-Department of Health _Hudson / X Highway Department Johnstown Historical Society Keenesburg W( Water Conservation Board Kersey _ Oil and Gas Conservation Commission _La Salle Lochbuie FIRE DISTRICTS _Longmont _Ault F-1 Mead _Berthoud 11-2 Milliken _Brighton F-3 _New Raymer _Dacono F-1x9 _Nunn ____Eaton _ F-4 Platteville Hudson F-7 _ _Johnstown F-8 COUNTIES _La Salle F-9 Adams _ _Longmont F-10 _Boulder _Milliken F-11 Larimer _ Nunn F-12 _ _Pawnee _Platteville F-13 FF,BERAL GOVERNMENT AGENCIES _Platte Valley F-14 t/X US Army Corp of Engineers _Poudre Valley F-15 ----USDA-APHIS Veterinary Service _Raymer _Federal Aviation Administration Southeast Weld F 16 Federal Communication Commission _ _ _Windsor/Severance F-17 _Wiggins F-18 ____Western Hills F-20 SOkL CONSERVATION DISTRICTS X Brighton OTjCR _Fort Collins X Central Colo. Water Conservancy Dist. _Greeley X Colorado Division of Wildlife _Longmont Attn: Larry Rogstad West Adams C9MMISSION/-BOARD MEMBER X Bud Halldorson 900245 LIND, LAWRENCE & OTTENHOFF ATTORNEYS AT LAW THE LAW BUILDING ICH ELEVENTH AVENUE P.O.BOX 326 GREELEY.COLORADO 80632 GEORGE H.OTTENHOFF TELEPHONE KENNETH F.LIND 13031 3534323 KIM R.LAWRENCE January 15 , 1990 33031 3564160 TELECOPIER 13031 3561111 Mr. Keith A. Schuett Department of Planning 915 Tenth Street Greeley, Color-ado $0631 Re: C & M Company/USR 9D5 Dear Mr. Schuett: The Central Colorado Water Conservancy District maintains that the request for a site specific development plan and special review permit by C & M Company should be denied because it is incompatible with the well field located on -the property. Central does not endorse or support granting the permit subject to conditions . If, however, the planning staff and planning commission are inclined to -grant the permit subject to conditions then the following conditions -must be imposed: 1 . The condition set forth in §44. 4. 11 should be imposed to address augmentation requirements. I am recommending additional conditions set forth below because this section only utilizes a plan of augmentation or substitute supply as a remedy. While that remedy is necessary to prevent injury from any gravel pit operation there is a specific injury to Central ' s wells that will occur due to the proximity of this gravel pit. The _injury will not be a general depletion to the ground water aquifer but a localized and permanent draw down of Central' s well field . It is not possible to allow the construction of this gravel pit without damaging Central' s well field. 2 . Applicant must obtain an agreement with the Ground Water Management Subdistrict of the Central Colorado Water Conservancy District for use of Central ' s stitch, easement and which addresses the damage to Central ' s water rights caused by the -draw down of the aquifer in the immediate vicinity of the proposed pit. Sincerely, LIND, LAWRENCE & OTTENHOFF A -- — Kim R. Lawrence 5,1;Gs y r��IfT KRL/jeh ;' JAN 1 5 1990 xc: Tom Cech 1� 9CO24�� _ tom NEI6 Cu. 3Al of '.v c ) C , . .._ . . . . . . 4._._________ 4. central colored() water conservancy district I January 4, 1990 s' "" JaPl3 iS;J /jI r s Mr. Keith A. Schuett Department of Planning Services , a-: 915 - 10th Street ltd Cu. Fiawuai iumwraum 1 Greeley, CO 80631 AL Dear Mr. Schuett: Thank you for allowing us to comment on Case Number USR-905, C&M Companies. tk We respectfully request that the Planning Commission deny the request for a O1 Site Specific Development Plan and a Special -Review Permit due to the t `lt ` impact this proposal would have on our wellfield in Section 30, Township 1 North, Range 66 West of the 6th P.M. , Weld County, Colorado. kti Wit.: Central constructed a battery of six wells, along with a ditch conveyance €,ta system to the South Platte River, in the mid-1970's for augmentation i1 purposes. Water is pumped during periods of low flow in the South Platte * River so that water supplies are enhanced. Enclosed 3s a copy of the water ,:l Court decree for the six wells, and a copy of the easement for the ditch system that crosses this property. Gravel mining in the area would destroy our wellfields. In reviewing C&M's application, I noted several incorrect statements: 1. In Mr. Gary J. Tuttle's letter of November 12, 1989 to the Weld County -Department of Planning Services, he states s"' in Item #8 that "Since the Central Colorado Water Conservancy ts District has abandoned the use of its pumps, there is no efficient means to irrigate any crops on the property." . This is an incorrect statement. Central has utilized and relied on these pumps every year since 1975, and has listed them in our annual plan for augmentation that is submitted to She State Engineer. These pumps account for 1,500 acre—feet of -water annually for augmentation purposes. ih "p,,.; 900245 I a Mr. Keith A. Schuett January 4, 1990 s• Page 2 :' 2. On Page D-1 of Exhibit D of the Application fors -Regular Operations Mined Land Reclamation Permit, it states that "The Central Colorado Conservancy District has -abandoned the ' wellfield and ditch system on a portion of the site." This 11;. is an incorrect statement. 3. Also on Page -D-1 of Exhibit D it stat-es that "The water will s be lifted out of the pit into the concrete ditch formerly 'fir,C-: used by the Central Colorado Conservancy -District." This is an incorrect statement. The ditch is still utilized by the District, and no agreement bas -teen reached that would allow other parties to utilize our ditch. 41-1' 4. On Page G-1 of Exhibit G of the Application for a -Regular ;'* Operations Mined Land Reclamation Permit, it stat-es "This ' '', - -water will be discharged into the concrete lined ditch o₹ the ' ': Central Colorado Conservancy District which will carry it j`z into the South Platte River." This is an incorrect statement as no agreement has been reached between the parties on utilization of our ditch. 3:. 3. On Page G-2 of Exhibit G, it states "There will be some drawdown on the aquifer in the immediate vicinity. Well owners could see some reduction 3n their water tables." This ^ ; is a correct statement. Gravel mining in this location will destroy the future use of our battery of six wells en this k site. Me sand and gravel in the area acts as a underground storage reservoir. Our wells tap into this storage and are "it. able to Pump groundwater far augmentation purposes. Gravel -mining will eliminate groundwater storage in the vicinity of our wells. . 7. In the Division 1 Water -Rights Report of -Exhibit C, Central's six augmentation wells are listed on the final 8 page as CCWCD Well No. 1-01-9805F, CCWCD Well No. 2-019807F, CCWCD Well No. 3—R10285, CCWCD Well No. 4-020032F, CCWCD Well No. 3-020033F, and CCWCD Well No. 6-020034F; all with appropriation dates of 12/16/74. These wells are not abandoned. f- Y' r:: 9CO245 • • Mr. Keith A. Schuett January 4, 1990 Page 3 7. The Personal Representative's Deed of the Estate of David R. Stainton, listed as Page 0-5 near the end of the report, _ shows that the property is subject to an easement agreement with the Central Colorado Water Conservancy District. The agreement is enclosed. The easement is for the construction and use of the cement-lined ditch for our six wells to transport augmentation water back to the South Platte River. Thank you for your consideration of our comments. Sincerely, Tom Cech tb Executive Director • TVC/pr Enclosures _ cc: Mr. Rim R. Lawrence 4... _Y.. . y`. 910245 4 • t 9 DEC 1989 14(fir, DEPARTMENT OF-PLANNING SERVICES PHONE(303)356-4000,EXT.4400 :91510thSTREET -GREELEY,-COLORADO 80631 !lige I' r r CASE NUMBER USR-9O5 COLORADO I a ' 3 153,3 JI December 27, 1989 fYE1dx0' t')31wte* unmtatur. TO WHOM IT MAY CONCERN: Enclosed is en application from C & M Companies, c/o Tuttle Applegate, Incorporated, for a Site Specific Development Plan and a Special -Review permit for an open pit mining operation. The parcel of land is described as Eli NW} of Section 3O, NE* SW*, and SE} SW* of Section 3O, NI NE} NEI of Section 31, all located in T1N, R66W of the 6th -P.M. , Weld County, Colorado. -The location of the parcel of land for which this application has been submitted is south of and adjacent to Weld County Road 6 and west of -U.S. _Highway B5. -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 January 1O, 1990, so that we may give full consideration to your recommendation. Please call Keith A. Schuett, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. -1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, tut 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 to conflicts with our , interests. 4. a formal recommendation is under -consideration and will he submitted to you prior to: S. 5( Please refer to the enclosed letter. Signed \ Agency: t• EJc\•n12-Qv-3 d Date: �, S [4 ?' \ 960245 £yT a. GT -# ..F�.r.x'..r, - z 'DEPARTMENT OF THE ARMY o lf� �', y M OMAHA DISTRICT. CORPS OF ENGINEERS ry"� u ROCKY MOUNTAIN AREA �,a -s" +j" 2840 S. CIRCLE DR.. NORTH BLDG. SUITE GL 10 COLORADO SPRINGS, COLORADO 80808-4158 NOVI TO ATTIW ION Or January 5, 1990 Platte River Resident Office Keith A. Schuett Department of Planning Services 915 - 10th Street -Greeley, -Colorado 80631 Dear Mr. Schuett: Reference is made to Case No. DSR-905, -C -& M Companies, c/a Tuttle Applegate Incorporated, for an open pit mining _operation located adjacent to the right — bank of the South -Platte River in Section 30, T-1-N, R-66-W, Weld County, Colorado. During a January 3, 1-990 site visit conducted by me, it was found that -wetlands exist at this location. See attached map. The construction of the east/west -dike between Cells "A" and "B" and the truck access on the north end, if fill is required for roadway will require an individual Department of the Army Permit. Also, the placement of stockpile materials as -shown on the south portion of the mining site should be confine8 to the upland sites and not in the wetlands. See Enclosed map. Enclosed is a Department of the Army Permit Application which C _& M Companies should fill out and send to the -Omaha District Office, Corps of Engieners, -P.O. -Box 3, Omaha, Nebraska 68102-0005, ATTN: -MROOP-N. Included with the application should be vicinity maps and drawings o₹ the mining activity. If you have any questions Concerning this matter, please feel free to contact this office or me at 303/979-4130 or 4121. Sincerely, Attach. Clisci 9n \� cc: Terry McKee litmit -F11es Environmental -Resource Specialist Omaha Permits Branch 900245 CITY'OF BRIGHTON January 1, 1989 1 OW� ^, r' 195D Keith Schuett Department of Planning Services Weld County, Colorado Weid to Mon jilIf tm 91-5 10th Street Greeley, Colorado 80831 Dear Mr. Schuett: We have reviewed the application by C k M Companies for the Platte Valley Pit to be located along U.S. 85 north of Brighton. Staff' finds no abjection to the approval of the permit application as long as an opaque wall ar -other buffer is used to screen U.S. 85 _from the industrial area to the west. The wall should be designed of high quality materials and landscaping should be -placed at intervals along the wall. I visited the site wi=th Mr. Gary Tuttle, and Gary has some good ideas about the _design of this buffer. The buffer is important because the U.S. 85 corridor is the entrance to Brighton from the north. Cordially, Jim Sayre City Planner cc: Weld County referrals correspondence Tuttle Applegate, Inc. 900245 22 South 4th Avenue - Brighton, Colorado 60601 - [3031 659-4050 e, riElliORRI1DUM k Weld County Manning January 5, 1990 To Dam COLORADO From Environmental Protection Services / Gh � Case Number: IJSR-905 Name: C & M Companies, c/o 4f Subjaacc Turtle hpplegdLe, Environmental :Protection Services has 'reviewed this proposal and recommends for approval, subject to the following conditions: 1. Waste oil, stains, treatments, anti-freeze, and other associated liquid and solid wastes, shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. Required Emissions Permits are obtained from the Air Pollution Control Division, Colorado Department of Health. 3. No permanent disposal of wastes shall be permitted at this site. 4. The septic system for the -proposed office is 'required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. 5. Overburden and top-soil materials shall be handled and stored in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 6. Fugitive dust must be confined on this site. 7. Requited NPDE-S Permit shall be tbtained from the Water Quality Control Division of the Colorado Department of Health, and/or amended if appropriate for the increased operation. 8. Maximum permissible noise level shall not exceed the industrial limit of $0db(A) , as measured according to 25-12-1-02, Colorado Revised Statues. 9. An Employee Restroom with sanitary toilet facilities is required for the proposed facility and shall be installed according to the Weld County -Individual Sewage Disposal Regulations. 10. Dust will be controlled on all haul so that it does not constitute a nuisance to adjaent property owners. 11. A dust control plan shall be submitted to the Weld County Health Department for -review and approval. The operation of the facility shall -have sufficient equipment on-site and available as __ needed to conduct dust control. 5J O i ti7 - f1CJ�� EPS8/cs 11'! ' 1950 I. �5 900245 STATE OF COLORADO DIVISION OF HIGHWAYS P.D. Box 850 =t +1 Greeley, Colorado 80632-0850 �ao .;Y? (303) 353-1232 4 t/ January 8, 1990 Weld Co. , S.E. 85 C & M Companies Site Development Plan and -Special Review DOH File 45100 Mr. Keith A. Schuett, 'Planner Department of Planning Services Weld -County 915 Tenth Street Greeley, Colorado 80631 Dear Mr. Schuett: We have reviewed the C & M Companies -Site -Development flan end -Special Review, and we have no comments on the plan as presented. The inter- section of State -Highway 85 and County _Road -6 currently has speed -change lanes for all movements to and from the County -Road. Thank you for the opportunity to review this Site Development Plan. Please conta-ctme at 350-2163 if you have any farther questions. Very truly yours, DOUGLAS D. JUNES DISTRICT ENGINEER a Evan A. -Hoop • Jr. Development/Access Coordinator EAH:smw cc: L.D. Yost R.G. Bherriff File: Hooper via Crier MN 1 10 1990 94;®24 H818 Cu. ?lanomv .u,nm,t<w, (� OF-T OF FM SGr- = r I'!t-i ri Ei1E!4T WL ? OLINTY SHERIFF S OFFICE t‘t) alms GREELEY, CO 26=1 Dc.rnnllYtL1\ 1 vu ra.Tn,.n.uyuiv sw PHONE(303)356-4000, XT.4400 915 loth$TREET DGREELEY,COLORADO 80631 Vigo to CASE NUMBER IISR-905 COLORADO December 27, 11989 TO WHOM IT MAY CONCERN: Enclosed is an application from C & M Companies, c/o Tuttle Applegate, Incorporated, for a Site Specific -Development Plan and a Special Revi-ew permit for an open pit mining operation. The parcel of land is described as E} NWI -of Section 30, NEI SW}, and SE} SWI of Section 90, N3 -NE} NEI of Section 31, all located in T1N, R66W of the -6th P.M. , -Weld County, Colorado. The location -0f the -parcel of land for which this application has been submitted is south of and adjacent to Weld County Road Fi and west of 13.5. Highway 85. 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 7anuary 10, 1390, so that we may -give full consideration to your recommendation. Please call Keith A. Schuett, Current Planner, if you have any _questions about the application. Check the appropriate boxes below and -return -to -our address listed above. 1. We have reviewed this request and find that it does/does cot) comply with our Comprehensive Plan for the following reasons. `c3j eff n ?i 2. We -do not have a Comprehensive Plan, but we feel this request S23 (is/is not) compatible with the interests cf our 3 town for the iollawiag reasons: o cP -'"'1 3. lle have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under considerati-on and will be submitted to you prior to: 5. Please -refer to the enclosed letter. Signed: Col Agency: ec ie So/oe/vl Date: 0/09-90 900245 DEPARTMENTDF PLA-NNINGISERVIG'ES PHONE(303)3564000,EXT.-4400 915 10th STREET GREELEY,COLORADO 80631 Will e CASE NUMBER IISR- 90S COLORADO December 27, 1989 TO WHOM -IT NAY CONCERN: Enclosed is an application from C t N Companies, c/a "Tuttle Applegate, Incorporated, for a Site Specific Development -Plan and a Speci-al Review permit for an open pit mining operation. The parcel of land is described as E-} NW} of Section 3O, NE} SW}, and SE} -SW} of Section 30, N} NE} NE} of Section 31, all located in TIN, R66W of the 6th P.M. , Weld County, -Color-ado. The location of the parcel of land for -which -this application has been submitted is south of and adjacent to Weld 'County 3toad 6 and west of U.S. Highway 65. This application is submitted to you for review -and recommendation. Any comments or iacommendation you topsider relevant to this request would ₹1e appreciated. Your prompt reply will -help to facilitate -the processing of the application and will ensure prompt consideration of your recommendation. Please reply by January 10, 199O, so that we may give full _consideration to your _recommendation. Please _call Keith A. Schuett, Current -Planner, if you have any questions about the application. Check the appropriate -boxes below and _return to our address listed above. 1. We have -reviewed this request and find -that it does/does not) comply with our Comprehensive Plan -for the following reasons. a (_ is 1 Jr� 2. We do not have a Comprehensive _Plan, but we feel this request aI (is/is not) compatible with the interests of cur - .!! town for the following -r-easons: ----� 3. ✓ We have reviewed the request and -find no conflicts with our r interests. 11-c_ ylLtr�,w e Lc c -i r� ,o k e ,641.4 -021.0 4. A formal recommendation is _under c oJnsiaeration and will be submitted to you prior to: 5- Please refer the enclosed letter. Signed: G�- Agency: (A__ �,/W Date: 900245 STATE OF COLORADO OIL AND GAS CONSERVATION COMMISSION DEPARTMENT OF NATURAL RESOURCES SUITE 3801OGAN TOWER BUILDING WILLIAM R. SMITH ¶580 LOGAN STREET Director DENVER, COLORADDtO2O3 DENNIS R.SIC-KNELL ROY ROMER Deputy Director (303) 894.2100 Governor January 9 , 1990 Keith Schuett Department of Planning Services 915 10th Street Greeley, CO 350631 Re: Application for a Site Specific Development Plan and Special Review Permit. Open Pit Mining Operation Case 4 lJSR-9355 Sec 30-1N-66W This letter is in regard to your request to review and comment on the C -& M Properties, c/o Tuttle Applegate, Inc. site specific plan for an open pit mining operation, -sec 30-1N-66W. I have reviewed the applicati-on and do not find any conflicts with the plans presented. If the plugged and abandoned Platte Valley 41, SENE 30-1N-66W well is -disturbed during open pit operations this office shall be notified so the well may be properly replugged if so required. I have enclosed an area well plat for your information. Future drilling in this area, should it occur , will -have to comply with our safety rules, specifically: Rule -603 (a) Wells shall be located a distance of 150 feet or one and one-half times the derrick, whichever is greater , from any occupied building, public road, or major above ground utility line or railroad. Rule -604 (a) (3) Tanks shall be a minimum of 200 feet from the residences, normally occupied buildings, or well defined normally occupied outside area. Rule 6O4 (b) (5) Fired vessel, heater treater, shall be a minimum of 20D feet from residences, occupied buildings, or well defined normally occupied outside area- If I can be of any further assistance I may be reached at 894-2100 . Yours tru y, Step an Pott Sr . Engineer 960245 - S 2006 '77 EAST y I a W _ • O O P W Ot W 1 1 \ , 6 W J o O o _ • ≥ Q $i ii as H3 a a Z o 1 -2 �j 3 O J° m W' X1 I I • a• n a o ₹ n _ r1 -P �n IN a W 3 a I $ m a vs , I -J J a 20 . \7 -0 I ------., ) jJ4' = N_ 1 1 I 3yW I f Imo N N I OD in z 1 40 WI I u u . . ° Ott CC 4 I o cr in _: F 0 F I Q O t I II :_p w 4}E g _ . Z z i a IA iril j N W • <I .N V' ' •J I r t. Tr C AFC E I a 0 n 0 ¢ x a V I . 0 'd , ^, Z Q O 11J Li.I N l�1 to N ri x_ 3 • to tad, a ; 0 °n z o.. a W V CO Z 0 e .. . . . .. _ x W W I Q NN • • 0 M �Q S D O in!O? 2 O - �o 20 s _¢.ts o �O I i o __z to a u0 • 1 2 i C a z W J ¢ 0 cal • N , 1 W II cc , R Li.. 38 . 10 • I, ; "` n— --i c/ LL l • LL s _ W 0 _ 4 a a } I m a F as I — cc I J`__ W ' I- D9 . . _.... �i _, h i ^ as " _- ..-'•-I I F' N I Z4 Q 0 a .. m 2 Q a 333 z ¢ '- __l—Iu ; ' 1 to . i 1S31Mi` , �/ f .. -1 SURROUNDING PROPERTY OWNERS USR-905 C & M COMPANIES, INCORPORATED Edward D. Terry 141 Kiely Boulevard Santa Clara, CA 95051 Maritn G. Schmidt Evelyne S. Schmidt Donna C. Routzon 2291 Skeel Street Brighton, CO 80601 C -& M heady Mix Concret-e Company of Boulder 7916 Niwot -toad Niwot, CO 80544-0499 Laura -M. Knapp Janice F. Der-sham 1901 23rd Avenue Court Greeley, CO 80631 Denis 8. Clanahan, Trustee 1655 -Grant Street Denver, CO 89203 Cowan Concrete Products, incorporated c/o Mobile Premix P.O. Box 3183 T.A. Denver, CO 89217 Mortenson Broadcasting Company 333 Test Vine Street, Suite 200 Lexington, ICY 40507 Charles a. -Moore Wilma V. Moore 6710 -West _28th Avenue Denver, CO 90214 Brighton Industrial -Park c/o Ring-soy Truck Lines P.O. Box 7240 Denver, CO 60207 Single Eagle Company 9270 East 136th Avenue Brighton, CO 90601 900245 PAGE 2 C & N Companies P.O. Box 490 Niwot, CO 80544 David B. Nystrom P.O. Box 490 Ni-wot, CO 80544 900245 H_INERAL INTEREST OWNERS C & H Companies P. 0. Box 4-90 Niwot, CO 80544 Hilight Drilling Company, Inc. Address Unknown David B. Nystrom P. O. Box 490 Niwot, CO 80544 900245 6C111: DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 915 10th STREET GREELEY,COLORADO 80631 COLOR ADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, January 23, 1990, -at 1:30 p.m. for the purpose of considering a Site Specific Development Plan and a Special Review permit for the property described below. Approval of the request may create a vested property right pursuant to Colorado Law. APPLICANT: C & M Companies, c/o Tuttle Applegate, Incorporated LEGAL DESCRIPTION: E} NW& of Section 30, NE} SW} and SE} SW} of Section 30, Ni NE} NE} of Section 31, all in T1N, R66W of the 6th P.M., Weld County, Colorado. TYPE AND INTENSITY OF PROPOSED USE: For an open pit miming operation. LOCATION: South of and adjacent to Weld County Road 6 and west of U.S. Highway 85 SIZE: 141 acres, more or less The public hearing will be held _in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Servi-ces, 915 Tenth Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on January 23, 1990. Copies of the application are avail-able for public inspection in the Department of Planning Services, Room 342, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado 80631 - Shone - 356-4000, Extension 4400. Ernie Ross, Chairman Weld County Planning Commission To be published in the New News To be published one (1) time,% by December 12, 1989 Received by: LC 2-7*-- Date: >1 Ci p 900245 DEPARTMENTOFVLANNING SERVICES PHONE(303)3564000,EXT.4400 91$10th STREET GREELEY,COLORADO 80631 COLORADO December 27, 1989 Liquid -Waste Management, Inc. ATTN: Roger -Bohannan 900 Cauffman Street, Suite D P.O. Box 888 Longmont, CO 80501 Subject: DSR-19O4 - -Request fora Certificate of Designation, Site Specific Development Plan, and Special Review permit for land application of -commerical sludge on a parcel of land described as NI -and Ni SE* of Section 27, T4N, R67W of the 6th P.M. , Weld County, Colorado Dear Mr. Bohannan: Your application and -related materials for the request 3escribed above are complete and in order at the present time. _I have scheduled -a meeting with the Wield County Planning Commission on Tuesday, _January 23, 1990, at 1:30 p.m. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Canter, 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 tas forwarded -a copy -of the submitted materials to the Milliken Planning Commission for its review and comments. Please call 587-4331 for further details regarding the date, time, and place of this meeting. It 1s recommended that you and/or a epresentative be -in attendance at the Planning Commission Meeting to answer any questions the Commission members may have with respect to your application. It is the responsibility of an applicant to see that a sign is posted on the property under consideration at least 10 days preceding -the hearing -date. Sometime prior to January 9, 1990, you or a -representative should call me to obtain a sign to be posted on the site no later than January 13, 1990. 900245 Liquid Waste Management, Inc. ATTN: Roger Hohannan December -27, L989 Page 2 • The Department of _Planning Services' staff win make a recommendation concerning this application to she Meld County Planning Commission. It is the responsibility of the applicant to call the Department of _Planning Services' office a #-ew mays before the _date of the -Planning Commission hearing to obtain that recommendation. I£ you have -any -questions concerning this matter, please feel free to call me. Respectfully, -‘1„Zue are Current Planner • 900245 JOB NO : 93-116 G " TUTTLE APPLEGATE, INC. Consultants for Land and Resource Development rCOUNT 7 , TELEPHONE: (303) 452-6611 : (303) 452-2759 RECEIVZD 11990 Grant Street; Suite 410; Denver, CO -80233 JUN 04 1993 LETTER OF TRANSMITTAL GREELEY,CO DATE: 6/3/93 PROJECT: TO: Platte Vo ley PLt Wad County CteAla 8 Reconden ?fE TRANSMIT: THE FOLLOWING: FOR YOUR: . . Attached ❑ Prints ❑ Use i Under Separate Cover ❑ Originals ❑ Approval ❑ Information Below ❑ Copy of Letter ❑ Information ❑ VC Applications ❑ Review & Comment ❑ Specifications ❑ Material Returned ❑ Recording Mylars ❑ Signature & Return ❑ Change Order R Pu62.ic Review El Number of Copies Dated Sheet No. Description C & M Compani,eo 19 a,tte Vattey Pit 112 App2.%catto vi Remarks: 4271-3 Copy to: F.i.2e Copy w/Enclosur-es to: Signed: Paw/Acne ? EK1 Pi-04) -15 M la01 acancre%companies C & M COMPANIES PLATTE VALLEY PIT APPLICATION FOR A MINING USE BY SPECIAL REVIEW PERMIT WELD COUNTY, COLORADO NOVEMBER 199 TUTU E APPLEGATE , INC. Consultants torland and Resource Development 9002:115 APPLICATION FOR A MINING USE BY SPECIAL REVIEW for Platte Valley Pit Weld County, Colorado Applicant: C & H Companies P. 0. Box 490 Niwot, Colorado 80544 Prepared by: TUTTLE APPLEGATE, INC . 11990 Grant Street Suite 410 Denver, Colorado 80233 (303) 452-6611 89-132 November, 1989 9G®2 s5 WELD COUNTY, COLORADO USE EY SPECIAL REVIEW APPLICATION for MINING PERMIT Weld County Department of Planning Services, 915 10th Street, Greeley, Colorado, Phone 356-4000, Extension 4400 For Department of Planning Services Use Only Case Number: Date Application Received: PC Hearing Date: Section: , Township: North, Range: West Zoning District: Recording Fee: Permit Fee: Recording Fee Receipt 0: 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 Platte Valley Pit (gravel, eeet-i—.borrewpifj—e 'e-.4 mining operation for the following described unincorporated area of Weld County: LEGAL DESCRIPTION see attached sheets TOTAL ACREAGE: 141 2. Surface owner(s) of area of land described Name: C&M Companies Address: P.O. Box 49O,NiwotPhone:443-1099 Name: Address: CO. 8O544Phone: 3. Owner(s) of mineral rights to substance to be mined Name: same Address: Phone: Name: Address: Phone: • 4. Source of applicants' legal right to enter and to mine on the land described: Fee simple ownership (Attached certified copy of any document noted to the back of this form) 5. Address of applicant and general office • Applicants address: same Phone: General Office address: Phone: 6. Identify any prior permits for mining held by applicant or affiliated person: Distell Farms USR 877 Williams Site USR 886 9CG245 7. Description of Operation a. Types and number of operating an processing equipment to be employed: scraper (1) , front end loader (2) , bull dozer (1) , conveyor (several) , stacker conveyor (4) , crusher , (1 ) . screen (1) . b. Maximum number of employees: 6 , and number of shifts: 1 c. Number of stages to be worked: 2 , and periods of time each is to be worked: 4 to 7 years d. Thickness of mineral deposit: 15 — 25 feet, and thickness of the overburden: 2-6 ft. • e. This will be a wetidry 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) : Truck access onto W.C.R. 6 then east to U.S. 85 . Trucks will cross bridge over Gillheany Ditch Secondary Service access from U.S. 85. 8. Description of Rehabilitation a. Proposed rehabilitation land use(s) : water storage reservoir b. Source of technical advice for reclamation: Soil Conservation Service, Division of Wildlife, and Tuttle Applegate. Inc. c. Explanation of Reclamation Process: Sealing of side slopes with completed clay/overburden. 3 : 1 and 2: 1 sloping with overburden. topsoil replacement. and revegetatinn . 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 t/t\t1Z STATE OF 0...CLEMeAlsO S gnature: Owner/Authorized Agent Subscribed and sworn to before me this 7 � day of )4.r- n,4:-s1 19 3 9 SEAL /L)'N TARY PUBLIC fr.bVmission expires 5/r/9.3 9CO2 5 EXHIBIT A LEGAL DESCRIPTION The east 1/2 of the northwest 1/4 of Section 30, Township 1 North, Range 66 West of the 6th P.M. , except Lot A of recorded exemption No . 1471-30-2-RE1102 recorded September 21, 1988 and except that part zoned I-2 as described in Book 1053 as Reception No . 01992703 recorded December 20, 1984 Weld County Records. AND The northeast 1/4 of the southwest 1/4 and the southeast 1/4 of the southwest 1/4 of Section 30, Township 1 North, Range 66 West of the 6th P.M. , except that part zoned I-2 as described in Book 1196 as Reception No. 02141782 recorded May 19, 1988 and except that part of a tract described in deed recorded in Book 826 as Reception No. 1747702 March 17, 1978, Weld County Records. AND The north 1/2 of the northeast 1/4 of the northwest 1/4 of Section 31, Township 1 North, Range 66 West of the 6th P.M. , except the east 100.00 feet thereof and except that part zoned I- 2 as described in Book 1196 as Reception No. 02141782 recorded May 19 , 1988, Weld County Records. The total acreage of all parcels less exceptions. is 128.076 acres, more or less . OPTIONAL ACCESS TO HIGHWAY 85: A non-exclusive access road easement over the South 28.00 feet of the southwest 1/4 of the southeast 1/4 of Section 30, being west of the west right-of-way line of Highway 85 and over the South 28.00 feet of the East 131 . 66 feet of the southeast 1/4 of the southwest 1/4 of Section 30, all in Township 1 North, Range 66 West of the 6th P.N. , County of Weld, State of Colorado. 900245 Parcel B A parcel of I-3 zoned land located in SW 1/4 of NE 1/4 of Section 30, T1N, R66W, of the 6th P .M. beginning at the center of said Section 30, then M 00° 04 ' 50" E a distance of 733 .09 feet to the true point of beginning: thence N 38° 26 '02" W, 242 . 96 feet; thence N 17° 36 ' 53" W, 178. 95 feet; thence N 09° 23'47" W, 178. 39 feet; thence N 02° 22 ' 54" W, 247 .00 feet; thence N 89° 34 ' 30" E, 756.00 feet; thence S 00° 04 ' 50" W, 770.00 feet; Thence S 89° 34 '30" W, 488.00 feet; to the true point of beginning. Containing 12 . 40 acres, more or less. 9002 ;5 4 Ern r• trriS TUTTLE APPLEGATE RINDAHL, INC. Consultants foriand and Resource Development November 22, 1989 Weld -County Department of Planning Services 915 Tenth Street Greeley, CO 80631 RE: Platte Valley Pit, Use My Special Review For Mining Dear Sir: Tuttle Applegate, Inc. has teen retained by C & H Companies to assist them in the preparation of a Use By Special Review Permit in field County for a aining operation. The site is located between U. S. 85 and the South Platte River, a short distance north of Brighton. The excavation i-s located within an agricultural zone and the processing area is located within an industrial zone. 1 . We have completed an application and submitted an application fee of $918.00. Seventy-five dollar-s of this fee is for the Flood Hazard Development Permit. 2 . In providing a detailed description o₹ the method of -operation, we have attached the complete MLRD Regular Operations Permit information. 3. We have prepared a list of the names, address, and corresponding parcel identification numbers for property owners within 500 feet of the site. -This information was prepared from records of the field County Assessor. 4. Your form for the certification of the names and addresses bf mineral owners and lessees is also attached. The source of this material is from the title insurance policy. 5. As mentioned previously, we are including a copy of the MLRD Regular Operations Permit. Dur plans for obtaining water supplies will be fully explained in Paragraph 13. The plans included with the application show any new cross sections of roads, dikes, and side slopes. SCO245 11990 Grant Street Suite 410 Denver, tolorado 80233 452-6-611 Veld County -Department of Planning Services November 22, 1989 Page 2 6. The Weld County Comprehensive Plan notes this area as being within the urban growth boundaries. The nearest city to the site is the northern part of Brighton. Being within the urban growth boundaries, the site is strategically located to provide needed construction aggregates for urban growth in Weld County. Also the site contains commercially valuable resources according to state law and these resources should be extracted in a responsible manner. -The proposed after use o₹ the property as a water storage reservoir can also provide water for users within the urban growth boundary area. '7 . The area of extraction on the proposed plan is located within an agricultural zone . Mining is a recognized and an allowed Use By Special Review within this zone. The processing plant is in an Industrial-3 zone . As a type of -heavy industrial use with outdoor facilities, the use is consistent with this industrial zone. 8. Although the bulk of the property is zoned agriculture, it cannot be classified as prime agricultural land. Being . sandwiched between the South Platte River and U. S. 85 its small size inhibits productive agriculture. There are some areas on the site near the South Platte River which are occasionally too wet to farm. Also, since the Central Colorado Water Conservancy District has abandoned the use of its pumps, there is no efficient means to irrigate any crops on the property. It appears that crops have not been grown on the property for several years. It is now used as dryland grazing and much of the cover is annual weeds. 9. Acknowledging the fact that there are no residences in the vicinity, the health, safety, and welfare of the neighborhood is not an issue. West of the property is the South Platte -River and east of the property are the industrial areas along U.S. 85. For travelers on U.S. 85, the access will be controlled and trucks directed onto Weld County Road •6 . Here trucks can safely enter U.S. 85. The plant site is located in an industrial zone and will comply with state noise standards for that zone . All the equipment .n the operation will comply with air pollution and dust standards of the State Health Department. s0C245 Veld County Department of Planning Services November 22 , 1989 Page 3 10. We mentioned previously that the surrounding land uses of the property are predominately marginal agricultural and industrial. U.S. 85 is a high generator of noise from traffic. Immediately to the south there are operating sand and gravel pits. The location of the plant site is adjacent to a ready mixed concrete plant on the north. In addition there are other concrete plants to the south. Both the mining use and the processing plant are very compatible with uses in the area. The processing site will comply with the new Industrial Performance Standards. -The mining operation is 600 feet away from U.S. 85 and about 10 to 15 feet lower in elevation. Thus the mining operation will be screened from view. Since the operation will be a dry pit, the excavation equipment will be located on the pit floor further reducing any visual impact. 11 . Observing the land use trends in the area and knowing future ing that it is within an urban growth boundary, development of the surrounding area will continue as Industrial and mining. There is additional land along the river to the north which has not been extracted for sand and gravel . The processing site is in an Industrial-3 zone but will be temporary in nature . When the mining is complete the plant will be moved. Thus the land will again be available for other industrial uses. 12 . This site is not located within a geologic hazard or an airport overlay district area. It is located within the floodplain of the South Platte River and thus is in a flood hazard overlay zone. As such, the operation will comply with Sections 23 and 26 of the Weld County -Zoning Ordinance . A Flood Hazard Development Permit application is also included with this submittal. 13. Along with the property, C & H Companies has acquired rights to Balmgartner wells 1 and 2. These wells are rather junior in their appropriation date and may be used to augment a portion of the water consumptive uses described above. In addition, C & H Companies may purchase more senior water rights in the basin for augmentation. These water rights would be approved by the State Engineer and transferred for use at this site. SC 452 s4 Weld County Department of Planning Services November 22, 1989 Page 4 14 . Attached with this document is a copy of the Title Insurance _Policy identifying C & H Companies as the owner of the property. This document is included as Exhibit 0 in the HLRD application. 15. The anticipated production of this pit is 100,000 tons of sand per year. Of this amount, 35,000 tons will go directly into the concrete batch plant owned by C & H Companies. The material will then be combined with rock and cement and hauled off as batch concrete . The estimated production of the concrete batch plant is approximately 50,000 cubic yards per year which results in 7,200 loads of concrete a year. Assuming 200 working days per year on the ready mixed concrete batch plant and 7 cubic yards per mixer, the traffic is 72 ADT. Presently the ready mixed concrete plant is closed down. Previously it operated at this production rate and we anticipate again resuming production at this rate . The remaining 65 ,000 tons per year will be sold as sand products to customers. Assuming a 250 day working schedule each year and 25 tons being hauled off per truck, 2 ,600 loads per year will be removed from the processing plant . site . On a daily basis, the ADT will be 22 . Both the concrete mixers and the sand haul trucks will use the existing loop road around the concrete batch plant. Trucks will then enter onto Weld County Road #6 approximately 400 feet west of U.S. 85. Trucks will then proceed eastward to U.S . 85 and then turn either north or south onto U. S . 85 . This is an established truck access for C & H Companies which has been used in past years. The only additional traffic put on U.S. 85 is the 22 daily trips resulting from the sale of sand. 16. After material is excavated it will be transported by conveyor belt to the processing plant site. This site is on 12 acres of property owned by C & H Companies and zoned Industrial-3. Our reading of the Zoning Resolution says that in an Industrial-3 Zone, any use of a processing or -storage nature may be conducted. Therefore, we believe the processing is a use by right on this property. In addition, this site is immediately south of the concrete batch plant in which 35% of the processed material will be used. That site is also zoned I-3 along with the property to the south of the processing plant, also owned by C & M Companies. J ,CP45 Weld County Department of Planning Services November 22 , 1989 Page 5 The processing site is noted on our plans so you may fully understand the operation but it is not made part of this Use By Special Review application. Please contact us if you have any questions regarding our Application. We look forward to working with you on this. Cordially, 'TUTTLE APPLEGATE, INC. Gary 7. -Tuttle GJT/cr -Enos. cc : File *89-132 Cv,v icJ AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property Platte Valley Pit STATE OF COLORADO ) ss. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best -of his or her knowledge the attached list is a true and accurate list of the names, -addresses and the corresponding Parc-el Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the -property subject to the application. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the application submission date. am, J T Gary J. Tuttle The foregoing instrument was subscribed and sworn to before me this St day -1\9 U≥Z NYnit]1n- , 19 S{q by ( o .Y V `\ � WITNESS my hand and official seal . My Commission oppires: � • 10 �,:. 4 . , otary Public 900215 LANDOWNERS WITHIN 500 FEET NAME AND ADDRESS PARCEL I .D . NUMBER 1 . -Edward D . perry 1471 30 000 001 141 Kiely -Boulev-ard Santa Clara, CA 95051 2 . Martin -G. Schmidt 1471 30 000 002 Evelyne S . Schmidt Donn-a C . Routzon 2291 Ste-el Street Brighton, -CO 80601 3. -C & M -Ready Mix _Concrete 1471 30 000 003 C-ompany of Boulder 1471 30 000 006 7-916 Niwot Road 1471 30 202 01-0 Niwot, 20 80544-0490 1471 30 000 093 4 . Laura M. Knapp 1471 30 -000 013 Janice E . Dersh-am 1901 - 23rd Avenue Court Greeley, CO 80631 5. Danis B. Clanahan, Trustee 1471 30 000 014 1653 -Grant -Street 14,71 32 000 073 Denver, CO 80203 -6 . Cowan _Concrete Products, Inc. 1471 30 -000 092 c/o Mobile Premix -P . 0 . Box 5183 T.A. Denver, CO 30217 7 . Mortensen Broadcastin-g _Company 1471 30 0100 0B5 333 West Vine ttreet, Suite 200 Lexington, KY 4-0597 8. Ch-arlea R. Moore 1471 31 000 001 Wilma V. Moore -6710 West 28th Avenue Denver, CO 80214 9 . Brighton Industrial Park 1-471 31 000 244 c/o Rinpsby -'ruck Lines P. D. B-ox 7240 Denver, CO 80207 10. Single Eagle Company 1471 31 000 087 -9270 East 1316th Avenue Brighton, tO 80601 �(]]��^'` SCG215 r AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property Platte Valley Pit STATE OF COLORADO ) ss. COUNTY OF - WELD ) T+IE UNDERSIGNED, being first duly sworn, states that to -the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of mineral owners on 'or under -the parcel -0f land which is 'the subject of the application as their tames appear _upon the records in the -Weld County Clerk -and 'Recorder's Dffice, or from an ownership update from a title or abstract company or an attorney. (197-9) Grp `-f Gary J. Tuttle The fore-going instrument was subscribed and sworn to before me this Q1e 4ay , 19S'et By WITNESS my hand and off'-vial seal . My tommission expires : ry Publi c 9CO21S J MINERAL INTEREST OWNERS C & M Eompanie-s P. 0 . Box 490 Niwot, CO 80544 Eilight Drillitg Company, Inc. Address Unknown David B. tJystrom P. D. Box 490 Niwot, CO 80544 • 200245 WELD -COUNTY FLOOD HAZARD DEVELOPMENT PERMIT APPLICATION Name of Applicant C -& M _COMPANIES Date 09/28/89 Address P. 0. _Box -490 — Niwot, CO 80544 Home _Phone Unknown Work Phone (303) 443-1099 Legal Description of the Property _Portions of Se-ctions 311 -and 31, T1N, R66W, 6th P.M. , Weld County, Colorado (Platte -Valley -Pit) Zoning -District A (Agricultural) Total Acreage 128 . 08 1 . General Description of Proposed Development: (Check when applicable) Manufactured Home or Residential Non-Pesidential Mobile Home O New Construction O New Construction O On -Single _Lot ❑ Addition or O Addition or O In Mobile home Improvements Improvements Park ❑ in Subdivision O Fill Material 0 Sill Material O Fill Material O Watercourse Alteration .O In Mobile Home Subdivision Other ya vel mining with �rocetsl�4 Plant 2. Brief Narrative Description of Proposed -Development: owner proposes to mine and Process mineral resources -at the prcpsrty 3. Property located in designated FW (Floodway) District? Yes No XX , No floodway limits, YI32M Panels _080256-0983—C and 118_02_66-09-95-C, September, 19B2 IF ANSWERED YES, CERTIFICATION SHALL BE PROVIDED -BY A REGISTERED PROFESSIONAL ENGINEER. TR1T THE PROPOSED USE OP. STRUCTURE, WHEN BUILT, WILL NOT CAUSE ANY INCREASE IN FLOODWATER -LEVELS TURING A -INTERMEDIATE REGIONAL FLOOR (100-YEAR 1100D) OR WILL LIMIT OR RESTRICT THE FLOW CAPACITY OF THE FLOODWAY. 900245 4 . IProp-erty located -in a designated FP-1 or FP-2 (Floodprone) District? Yes XX No A. Mater Surface Elevation of the Intermediate Regional flood is: feet above MSL at the building site. B. Water Surface Mlevation of the lowest floor of the proposed structure is: N/A feet above MSL at the building site. C. Water Surface Elevation to which structure is to be floodproofed and water tight: B/A feet above MSL at the building site. 5. Source of Information: ZJSGS 7 .5 ' Quad Topo Map Series FIRM Map Panels 080266-098t and 0802-66-099-5-E THE FOLLOWING IS TO BE COMPLETED BY T-HE DEPARTMENT OF PLANNING SERVICES: Receipt No. Date FIRM MAPII 'TIDP No. ACTION Permit is approved The plans and materials submitted in support of the proposed development are in compliance with applicable _floodplain -management standards in the Weld County Zoning Ordinance. ❑ Permit is denied The -proposed development is not in con-formanc-e with applicable floodplain management standards in the Weld County Zoning Ordinance (explanation attached) . ❑ Variance is required The proposed development will require approval of a variance by the Board of Adjustment if the applicant wishes to proceed with construction. Please call the Department of Planning Services to discuss the appropriate application material -needed to apply for a variance. Current Planner Date 90O245 WELD _COUNTY FLOOD HAZARD DEVELOPMENT PERMIT APPLICATION PLATTE VALLEY PIT, WELD COUNTY, COLORADO (Operator) C & M COMPANIES NIWOT, COLORADO WELD COUNTY ZONING ORDINANCE 26. 4 Standards 26.4. 1. FW (Floodway) FP-1; FP-2 (Floodprone) Districts - The _National Flood Insurance Program Flood Insurance Fate Map (FIRM) Weld County, Colorado unincorporated areas, _Community Panel *080266-0608-C, September 28, 1982 , from the Federal Emergency Management Agency (FEMA) indicates the floodplains of a 100-year flood (Weld County Intermediate Regional Flood) is all shown as Zone A. Zone A indicates the base flood elevations and flood hazards factors have not been determined for these areas. -This Zone A is the Weld County FP-1 (Floodprone ) District according to Section 53 of the Weld County Zoning Ordinance, August, 1988. No floodway boundaries are shown for this map panel . Additionally, the information was not available from the official Weld County Flood Hazard Overlay District Zoning Maps. _Consequently, the conditions of Section 53. 7 for FP-1 Floodprone District apply. 33. 7. 1. 1 . - The proposed use of mineral mining and processing conforms to the requirements of the underlying zoning district of agricultural. 53. 7 . 1 . 2 - The use has been determined by Weld County staff to require a Flood Hazard Overlay District Development Permit. 53. 7. 1. 3 - There are no proposed permanent new structures or substantial improvement of dwelling units associated with this use. Two structures planned for on-site use are a movable scale house trailer and a crushing and wash processing plant. -The scale house trailer is inside the flood fringe area and is discussed further in section 53. 7 . 1. 13 of this application narrative. The Processing Plant will wash and crush aggregate and is an " open-framed" structure which will allow flood waters to pass through with little or no damage to equipment. There will also be temporary, movable mining equipment to be transferred around the site as mining progresses. This equipment -will consist of scrapers, front end loaders, and a conveyor system. A portable pump will also be used to dewater the pit site . goc245 53.7. 1. 4 - In the event of a flood, the operator will move the mining equipment outside the floodplain to avoid any damage to the equipment. If the flooding is extremely sudden and unexpected, the equipment is capable of resisting the hydrostatic and hydrodynamic forces expected at the site during an Intermediate Regional Flood (IRE ) . Essentially, the equipment and processing plant tends to be "open-framed" , with no large continuous walls or panels to block flows and be subjected to great hydrostatic and hydrodynamic forces. The ratio of the equipment weight to potential hydrostatic and hydrodynamic forces is extremely high and provides a more than adequate safety factor against damage to the equipment or damage to adjacent and downstream property owners by the equipment. 53. 7 . 1. 5 - Any new or replacement water system will be designed and built to prevent inundation or infiltration of flood water into the system by an Intermediate Regional Flood (IRE) . No such waterline construction is currently planned or anticipated. 53. 7. 1.6 - No new or replacement sanitary sewer treatment systems including individual sewage disposal systems will be built within the FP-1 Floodprone lone . There mill be no discharges from such systems into the flood waters of an Intermediate Regional Flood. The site will use a port-o-let facility at the scale house . The port-o-let shall be raised above the IRF water elevation, with area open beneath the facility to permit the passage of flood flows. 53. 7 . 1 . 7 - There are no proposed permanent fully enclosed areas below a "lowest floor" subject to flooding. There are no new proposed permanent structures or substantial improvements associated with the proposed use . 53. 7 .1 . 8 - Any electrical, heating, ventilation, plumbing and air conditioning equipment, and other service facilities will be designed and/or located so as to prevent water from accumulating within the components during conditions of flooding. It is not currently anticipated the above mentioned types of equipment and facilities will be constructed with this use. None of the above equipment and facilities are proposed for permanent construction at this site. 53. 7. 1. 9 - Improvements will be constructed with materials and utility equipment resistent to flood damage. Mining equipment mill be utilized in the flood zone with full knowledge on the part of the owner that said equipment may be inundated and subjected to flood damage. The owner will take precautions to minimize or negate flood damage. An IRF event typically would afford time to move equipment out of the floodplain. S00245 53. 7. 1. 10 - All construction and improvements will be constructed using methods and practices that minimize flood damage. 'Please see prior statements and certifications regarding temporary, portable equipment. No permanent new construction and substantial improvements are proposed. 53.1 . 1. 11 - As indicated previously, the portable, temporary mining equipment is of a shape, weight, and frame construction such that ₹loatation, collapse, or lateral movement of the equipment to the endangerment of the owner or adjacent and downstream property owners should be prevented. 53. 7 . 1 . 12 - There are no manufactured homes proposed - with this use . 53. 7. 1 . 13 - The proposed mobile trailer will be used as an office not a home . The first floor will be set above the Intermediate Regional flood elevation (Please refer to flood Hazard Development Permit Map for interpolated IRF elevations) . Skirting around the bottom of the trailer will be deleted to allow water to flow under the trailer in this flood fringe area. There are no mobile homes proposed within the floodplain. 26. 4. 2 - There are no permanent structures proposed with this use . Temporary, mobile mining equipment is not subject to flood proofing requirements; none of the equipment will be elevated for flood damage purposes. 25. 4. 3 - Not Applicable 26. 4. 4 - Any new or replacement water line will be designed and constructed to prevent inundation or infiltration o₹ flood water into said system by an Intermediate Regional Flood. No such construction is currently planned or anticipated. 26. 4. 5 - No new or replacement sanitary sewer treatment systems including individual sewage disposal systems will be built -within the FP-1 Floodprone Zone. There will be no discharges from such systems into the flood waters o₹ an Intermediate -Regi-onal Flood. The site will use a port-o-let facility at the scale house. The port-o-let shall be raised above the IRF water elevation, with -area open beneath the facility to permit the passage of flood flows. 26. 4. 6 - Assuming the floodway is mainly the river channel, the proposed use is not located in the FW ( floodway) District. The complete area o₹ use within floodplain is designated Zone A on the FIRM map. Nonetheless, the excavation will not cause any increase in flood water levels during an Intermediate Regional flood. Quite the contrary, the excavation will increase f loodplain storage and floodway conveyance areas and should lower f lood water levels during an IRF event. 9G0245 26 . 4.7 — There will be minor temporary fill in the form of topsoil stockpiles within the floodplain araa. The relative area occupied by these stockpiles will to very minimal, on the order of less than 1% of the total floodplain araa -at any particular section. Additionally, these topsoil stockpiles will be aligned with the direction of flow of the river and overbank areas to minimize impact. The additional floodplain storage and flriodway conveyance afforded by the mining excavation should ba a much larger, more appreciable affect than the presence of topsoil stockpiles. It is anticipated that the net effect o₹ the excavation and stockpiling will be to decrease the flood levels during the occurrence of an Intermediate Regional flood. 26.4. 8 - Tha topsoil stockpile materials to be used in the fP-1 floodprone District will -be aligned with the river and riverbank areas to minimize hydrodynamic impacts. The stockpiles will be relatively small and will not make use o₹ any retaining walls or other structures. Being topsoil material, the stockpiles are likely to support vegetation during the growing season; the time of year -when -an Intermediate Regional Flood event might -be expected. In any case, these stockpiles will ba seeded i₹ left more than one growing season, in accordance with the requirements of she State Mined Land Reclamation Division. finally, it should be noted the stockpiles are not intended for use in the same context as a fill material. A fill material is generally understood to be of a more permanent nature, used in association with an intended final end land use , i .e . development including future structures. The topsoil stockpiles will -be subject to erosional forces associated -with the Intermediate Regional Flood. We do not anticipate this erosion will -be significant, and will be further minimized by stockpile alignment and the excavation affects on the floodplain. It is expected in the instance o₹ an Intermediate Regional Flood event, the total sediment transported from these topsoil stockpiles to off-site and adjacent and downstream property owners would be minor in comparison with other IRF event effects ( i. e . material and debris transport) . 26.4.9 - The proposed use does not cause rir result in an alteration or relocation of the South Platte River water course. The mining and excavation work will observe a minimum 100 loot setback from the main river channel itself. PREPARED B7 TUTTLE APPLEGATE, INC. Data : Mike Applegate , P. T. SCO245 anntsxamlpraiss C & NI COMPANIES PLATTE VALLEY PIT APPLICATION fOR A REGULAR(112) MINED LAND RECLAMATION PERMIT WELD COUNTY, COLORADO NOVEMBER 1989 a" w TUTTLE APPLECATE , INC . Consultants for Land and Resource Development ecc q,,Zyq APPLICATION FOR A REGULAR OPERATIONS MINED LAND RECLAMATION -PERMIT for Tlatte Valley Pit Weld County, Colorado Applicant: C & M Companies P. O. Box 490 Niwot, Colorado 80544 Prepared by: TUTTLE APPLEGATE, INC . 11990 Grant Street Suite 410 Denver, Colorado 80233 (303) 452-6611 89-132 November, 1989 SCC245 1 REGULAR (112) PERMIT APPLICATION FORM This form contains two major parts: (1 ) General Operation Information and (2) Exhibits A p. When you submit your application, be sure to include four signed _copies o-f the 'General Operation Information, four copies of Exhibits A-P, and a check for the application lee described under (4) below. To expedite processing, please provide the information in the format and order described in this form. xxzaxxzz z x axxxxxx xxxx . . GENERAL OPERATION INFORMATION Type or print clearly, in the space provided, all information described below. zzx-vz x zx x---x zz zz 1. Applicant/Operator Name: c & M companies 2. Operation Name (Pit, mine or site name): Platte Valley Pit 3. Application type: Regular (112) Permit -Operation. 4. Application Fee for Permitted Acreage* 141 permitted • acres. ($50.00 + $15.00/acre, 1st. 50 acres; $10.00/acre, 2nd. 30 acres; $5.00/acre, 3rd. 10 acres; $1 .00/acre, any additional acreage; maximum fee of $2,000.00).* Note permitted acreage and application fee and attach a -check for this amount when you file. $1, 505 .00application fee. 5. Substances) to he mined (e.g. , gold/silver/gravel ): anti araval _ • 1. Owners(s) of Substance to be Mined (check applicable box(s)): f Private 0 State 0 Federal 0 Indian 7. Owner(s) of Record of Affected Land ('check applicable box(s)): < Private D State D Federal D Indian 8. Type of dining Operation ('check applicable box(s)): la Surface D Underground 0 In-situ S. Location Information. The center of the area where the majority of mining will occur lies in: COUNTY: w tl A c,,,, * • PRINCIPL-E MERIDIAN (check Dyne) : y ith (Colorado) 0 10th (New Mexico)❑ Ute TOWNSHIP (write -number and check direction): T 1 y, North 0 South RANGE (write number and check direction): R 66 D East 1. West SECTION (write number): S QUARTER SECTION (check one): I7 NE 0 NW D SE SW QUARTER/QUARTER SECTION (check-one): II NE 0 -NW 0 SE D SW GENERAL DESCRIPTION: (miles and direction 1 mile SE of Wattenberg, 4 miles south of from nearest town and ELE,v approximate elevation) 4940 Ft. Lupton. _2 _miles es north of Brighton USES * If the operator is a unit of State or county government, an application fee is not required. A fraction of an acre must be counted as one acre for fee calculation. 9245 -2 • - • 10. Correspondance Information -APPLICANT/OPERATOR (name, address, and phone of name to be used on permit) Individual 's Name: Bob Allen Company Name: C & M Companies Street: 7916 Niwot Road; P. O. Box 490 City: Niwot State: Colorado Zip Code: 80544 Area Code: 303 Telephone: 443-1099 PERMITTING CONTACT (if different from applicant/operator above) individual 's Name: Gary J . Tuttle Company Name: Tuttle Applegate, Inc . Street: 11990 Grant Street, Suite 410 City: Denver State: Colorado lip Code: 80233 Area Code: 303 Telephone: 452-6611 INSPECTION CONTACT (if different from applicant/operator above) Individual 's Name: Company Name: Street: City: — State: lip Code: Area Code: Telephone: 11. Primary future O tropland(CR) O Pastureland(PL) O General Agriculture(GA) land use O Rangeland(RL) O Forestry(FR) O Wildlife Habitat(WL) (check one) : CI Residential(RS)O Recreation(RC) O Industrial/Commercial (IC) U Developed Water Resources(WR) O Solid Waste Disposal (WD) 12. Primary present fl Cropland(CR) fl Pastureland(PL) O General Agriculture(GA) land use I] Rangeland(RL) O Forestry(FR) O Wildlife Habitat(WL) (check one) : 13 Residential(RS) O Recreation(RC) O industrial/Commercial (IC) O Developed Water Resources(WR) To the best of my knowledge, all the information presented on this application form and the Attached Exhibits A-P are true and correct (mu be signed by applicant/operator). Date: NGIgrv' 3EZ `7% )Ct j By: A0 A \\. alit) s_ tifi Qftr it'ua l )t�f o TCQS e _3C 0245 EXHIBIT -A LEGAL DESCRIPTION P-arcel -A The -east 1/2 o₹ the northwest 1/4 of Section 30, Township 1 North, Range 66 West of the 6th P.M. , except tot A of recorded exemption No. 1471-30-2-RE1102 recorded September 21 , 1988 and except that part zoned I-2 as described in Book 1053 as -Reception No . 01992703 recorded December 20, 1984 Weld County Records. AND The northeast 1/4 of the southwest 1/4 and the southeast 1/4 of the southwest 1/4 of Section 30, Township 1 North, Range b-6 West of the 6th P .M. , except that part zoned I-2 as described -in Book 1196 as Reception -No. -02141782 recorded May 19, 1988 and except that part of a tract described in deed recorded in Book S26 as Reception No. 1747702 March 17, 1978, Weld County Records. AND The north 1/2 of the northeast 1/4 of the nott-hwest 1/4 of Section 31 , Township 1 North, Range t6 West of the 6th P .M. , except the east 100.M0 feet thereof an-d except that part zoned I- 2 as describ-ed in Book 1196 as Reception No. -02141782 recorded May 19, 1988, Weld County -Records. The total acre-age of all parcels less exceptions is 12-8.076 acres, -more ox less . OPTIONAL ACCESS TO HIGHWAY 85z A non-exclusive access road easement over the South 28.00 feet of the southwest 1/4 of the southeast 1/4 of Section 30, _being west of the west right-of-way line of Highway 85 and over the South 28.00 feet of the East 131 . 66 feet of the southeast 1/4 of the southwest 1/4 of Section 30, all in Township 1 North, "Range -66 West of the 6th P.M. , County of Weld, State of Colorado. 900245 Parcel -B A parcel of I-3 zoned land located in SW 1/4 of NE 1/4 of Section 30, TAN, R66W, of th-e 5th P.M. beginning at the center of said Section 30, then M 00° 04 ' 50" E a distance of 733. 09 feet to the true point of beginning: thence N 3'8° 25 '-02" W, 242 . 96 feet; thence N 1'7° 35 ' 53" W, 178. 95 feet; thence N 0-9° 23'47" W, 178. 39 feet; thence N 03° 22 ' 4" W, 247 .00 f-en; thence N 89° 34 '30" E, 756 .05 feet; thence S 00° 04 '$0-" W, 770 .00 feet; Thence S 8x3° 34 '30-" W, 488.00 feat; to the true point of beginning. Containing 12 . 40 acres, more or _leas . 200 '"5 EXHIBIT Ili r Z t O U Z .. _ 1. wid may H•L h_era .._..♦ NL...--E21"-- -e . , • illT 1 - 1-4 in O \ r U Q �..- m a o I ord m m 1 �I �l`liiii1 IIIII a W i uciind 03 II dL • P •C •rii % VB AMH SCI\ . —. r�o� _ - . • \.1(-7( • • ii T 1wa W "raY . Co J� 1 I: 2 U U • a,. .4 00V J I • • . • IC s < - so ii W e o III I , W \_ 0 ,I I=\a • A , ..0 ji �+4C F` II -J • 6-•*-±. 0J1:1) 0 II • !J , r P. F—�\L� ,/JJ% ` /l !E ts w \_�f �auruve o 1at o a� 4°j A O j• ' I // .. Z i'..\\ • 900245 LANDOWNE-RS WITHIN 500 FEET NAME AND ADDRESS PARCEL I . D. NUMBER 1 . Edward D . Parry 1471 30 000 001 141 Kiely Boulevard Santa Clara, CA 95051 2 . Martin G. Schmidt 1471 30 000 002 Evelyne S . Schmidt Donna C . Routzon 2291 Skeel Street Brighton , CO 80601 3 . C & M Ready Mix Concrete 1471 30 000 005 Company of Boulder 1471 30 000 006 791-6 Niwot Road 1471 30 000 010 Niwot, CO 80344-0490 1471 30 000 093 4 . Laura M. Knapp 1471 30 000 013 Janice E . Dersh-am 1901 — 23rd Avenue Coutt Greeley, CO 80631 5 . Denis B . Clanahan, Trustee 1471 30 000 014 1655 -Grant Street 1471 30 000 073 Denver, CO 80203 6 . Cowan Concrete Products , Inc. 1471 30 000 092 c/o Mobile Premix P . 0 . Box 5183 T. A. Denver, CO 80217 7 . Mortetson Broadcastitg Company 1471 30 000 095 333 West Vine Street, _Suite 200 Lexington, KY 40507 8 . Charles R . Moore 1471 31 000 001 Wilma V. Moore 6710 West 28th Avenue Denver, CO 80214 9 . Brighton Industrial Park 1471 31 000 044 c/o Ringsby Truck Lines P . 0 . Box 7240 Denver, CO 80207 10. Single Eagle Company 1471 31 000 087 9270 East 1316th Avenue Brighton, _CO 80601 'e'rtn'n45 I EXHIBIT D MINING PLAN Platte Valley Pit iaill be a source of fine aggregates for C & M Companies in the North Denver market. Materials are suitable for use in concrete , -asphalt, select fill, drain material , and ro-adbase . Adjacent to this site C & M presently has a ready mix concrete hatch plant. -A portion of the -material will go directly to the batch plant for the manufacture of concrete . She total permitted acreage is 141 acres. Of this -amount, 129 acres is zoned agriculture and is included within the mining area. The processing plant is on 12 acres which is toned Imdustrial 3. It addition, C & M Compani-es owns the property between -this site and U. S . Highway 85 . Presently the site is unirrigated pastureland. At some point in the past, the property was also cultivated. The property does cross the South Platte River onto -the west aide but none of this area is to be affected. The -property does contain some trees along the South Platte River but n-on-e -of these will be disturbed. Over the length of the .property in a north/south _direction, the topography drops approximately 10 to 15 feet in one mile . The miming area is located within the 100 year ₹loodplain while the processing plant is on -higher ground out of the floodplain. Mining will stay at least 100 feet from the hank of the South Platte River. A Western Area -Power Administration line crosses the site in an east/west direction. The -Central -Colorado Conservancy District has an abandon-ed well fiel-d and 'ditch system on a portion of -the site . The pit will be mined dry in a dewatered state . As the excavation proceeds downward and reaches the groun-dwat-er table, pump-s will be installed which will remove the -water from the -pit area. Exhibit C shows the location o-f two dewatering pumps . The water will be lifted out of the pit into the concrete ditch formerly uses] by the Central 'Colorado Conservancy District. This ditch carries the water back to the South Platte River at the location of the Weld County Road 6 bridge. The dewatering pumps will be moved northward as the mining proceeds in that direction. The overburden on the site is 3 to -6 -feet deep and consists of clay, -clay loans, and silty loans. Sand and gravel resource under -the overburden is from 15 to 25 feet deep. The underlying material is a shale an-d cla-ystone bedrock. The depth of groundwater is -estimated to be 4 to 5 feet. D-1 The -mining will occur in two phases which are -call-ed Cell A and Cell #3 on the Mining Plan. Mining will commence at the south end of Cell A and work northward toward the -processing plan. The two cells are separated by a di-ke constructed of overburden material. This dike is placed in order to control the water level between the t-wo cells . Initially the overburden material will be stockpiled along the edge of Cell A as shown on the Mining Plan. After this first mining cut is established, overburden material can then be recycled immediately in constructing the 3: 1 side slopes and also in constructing the dike. These initial soil stockpiles will be aligned with the flow of the river in order to prevent any change in the floodplain characteristics. She earth moving will be done using scrapers and front end loaders. -Topsoil -will be removed and stockpiled separately from the overburden. Disturbance associated with th-e mining is classified as follows: Major Disturbance Mining 8.0 Stripped 3.0 Topsoil Stockpiles 1 .0 Overburden Btvckpil-es 2 .0 Moderate Disturbance Plant Site, Office, and Scal-e House 12 .0 Access -Road 1 .-0 Minor Disturbance Reclaimed and _Seeded 1 .0 Reseeding Year 2 0. 5 TOTAL tISTURBED -AC41EAGE 23,3 We estimate that -between 6 and 10 acres will be mined each year. The Mining Plan _calls for the site to be mined out in 8 to 13 year-s. The reclamation will occur concurrently with the mining. Equipment used for mining win be: Scrap-er for stripping; Front end loader for mining; portable conveyor system. Processing equipment will include: Screen; Crusher; Sand Washer; Front End Loader. The finished product will be delivered directly to the ready mix concrete -plant or to customers who will haul 3t away. D-_23045 EXHIBIT E RECLAMATION FLAN The reclamation of the site will consist of ponds as water storage reservoirs. These ponds will be sealed from the groundwater to prevent any leakage of groundwater into the pond. Water can then be stored in the pond for later use . The Reclamation Plan proposes construction of a dike -between Cell A and -B made of overburden material . This dike mill allow a greater amount of water storage nn the whole site ty controlling the water between the cells. A culvert will to installed in the dike to -allow excess water from Cell A to flow into Geri B. The formation of -ponds in this area will enhance the wildlife habitat -presently found in the 'riparian riverbank area. The northwest _corner of the site contains an area of tree stumps. These stumps will be dragged down below the water level in Cell B for flail habitat. Side slopes will be in the accepted 3: 1 an-d 2 : 1 configuration. Overburden stoc-kpiles -will be seeded with whaatgrass if they remain longer than one growin-g season. The mining operation will consume from 6 to 19 acres each year. Reclamation will be done along the shoreline immediately following the mining . Stripping ahead of the mining will disturb no mare than 3 acres at any one time . The Soil Conservation Service has been consulted and they have provided information -on reclamati-on and a seeding mix. Their letter is included at the end of this exhibit. The following remarks are in response to Rule 6, Reclamation Performance Standards. 6 . 1 -Grading a) Grading will be carried -out to create a topo-graphy appropri-ate to the final land use, which is a water reservoir. b) Grading will fie continuous and uniform, and win be performe-d to minimize erosion and siltation. Land outside of the disturbed area will not be affected by mining operations. There will be no highwalls left on this site . Slopes will -be no steeper than 3: 1 above water and ten feet below water with 2 :1 slopes in water deeper than ten feet. E-1 ^r:2 c) Grading and topsoiling are to be a contemporaneous operation with the mining process . d) No acid-forming or toxic producing materials are known to exist An the materials to he mined. Refuse will not be generated on the affected land nor will any refuse be disposed of in the mining process. e ) No auger toles or shafts are associated with this operation. f ) Slopes will be graded to be compatible with the final land use . Swimming facilities are not included in the reclamation plan. g) None of the reclaimed land will be used for horticulture . 6 .-2 Water a) During mining, operation is expected to lower the grountwater table in the vicinity. This lowering is temporary and is not expected to cause material damage to existing wells. Exhibit G further addresses the impact on the site 's hydrologic balance . b) This operation will -be in compliance -with appli-cable Colorado Water Laws and -Re-gulations governing injury and existing water rights. c ) The operator will comply with Federal and State regulations governing water quality. A NPDES -discharge permit from the - Colorado Department of Health will be required prior to discharge associated with the 112 Permit. d) There are no dredge and fill requirements that pertain to this site. e ) This operation will not require siltation structures in drainageways. 1 . No earthen tams or impoundments are necessary at this site . 6 .3 Wildlife a) Impacts on local wild.ife populations are expected to be negligible . No valuable or unique habitat will be disturbed. E-2 nCC245 l b) Enhancement of - wildlife habitat is expected upon reclamation at this tite. Existing wildlife habit-at is not anticipated to be greatly affected during the mining operation because riverbank wetland areas will not be disturbed. 6 . 4 Topsoilinq a) Overburden and topsoil will be scraped, stockpiled, and seede-d if left more than one growing season. b) Existing trees on the tite along the _South Platte River will be undisturbed. c ) The stockpiles will be placed just outside the pit area. The area of the stockpiles has been considered in the calculation of affected area. d) The final surface will be graded to insure stability of the pit site slopes. e ) The existing overburden and topsoil are an adequate growth me-ilium with fertilizer. f ) Soil amendments will -be added as deemed necessary. g ) No vegetation piles are anticipated. 6 .5 Revegetation a) Revegetation with native species is a part of the reclamation plan. b ) No -portion of this area will be te-claimed -as forest land. c ) The choice of reclamation for this site it water storage . The slopes will to 3: 1 maximum, gentle enough lot livestock and wildlife to traverse . _Seeding will be -done by either broad-casting or drilling. d) Environmental factors have been considered in the chosen reclamation plan. Slope=s will be adequately stabilized by compaction during the grading operation. Further surface stability will be provide-d by the vegetation as it becomes established. E-3 9CO24S e) Mechanical weed control shall be used initially in order to protect young native -species from -herbicides. f ) Fire lanes are not necessary 'due to the lack of forest cover. g) The plant site area will be scarified and reseeded along with the rest of the site upon completion of mining. h) No adverse -surface characteristics are expected. 2he area topography is relatively flat. Reclamation will be done to match existing cnnditinns where practical. E-4 9t0245 United States Soil 60 S. 27th Avenue Department -of Conservation -Brighton, CO 80601 Agriculture Service Telephone, 659-7004 August 23, 1989 RECLAMATION PLAN: 1) Slopes: During mi-ning operatio-ns , cut or fill slopes should not exceed 3: 1 slopes (S horizontal to 1 vertical ) . Cart slopes should b-e scarified a minimum -of three inches deep prior to placement of any soil material . 2) Top Soil : During mining operations , topsoil should be stockpiled to be used in reclamation of the area . Stockpiled topsoil should be protecte-d from wind erosion . After mining operations -are completed , the _area should be shaped _and graded with nc slope-s exceeding 3: 1 above water level and for at le-ast ten feet below water level . Below ten feet, slopes could be 2: 1 . After scarifying , top-so iI should be spr-ead six inches to on-e foot thick over any disturbed area _above water level , except where buildi-ng-s may b-e tui It. -A seedbed should be -prepared before the soil is see-ded to adapted vegetation . 3) Cover Cro-p : After topsoil has bean spread over disturbed are-as and a seedbed has been prepared the reclaimed -area should to seeded to a -cover crop . R-ecommendations are to use a hybrid forage sorghum. This seeding should be done in May or June at the rate of 10 pounds per acre of Pure Live Seed (PLS) in 7" to 12" row spacings . Grass can be Seeded directly into the -forage sorghum. If this is not dote , then after seedi-ng , the area should be mulch-ed . 4) Mulching : Aft-er seeding is completed , approximately 4000 pounds per acre of straw or hay mulch should be app liad . This mulch should be anchored . One method is to use a straw crimper and "crimp" the mulch into th-e -soil . This should help to control erosion until the grass becomes established . See attached SCS Standards and -Spec ifi cat i-ons for Mulching . 5) Fertilizer: A soil t-est shout-d be -taken to determine fertilizer recommendations -befor-e needing grass . In the absence of -a fertilizer test, -then -forty pounds of nitrogen and forty pounds of phosphorous per acr-e should be applied just prior or during seeding the area to grass. The fertilizer -should to mixed into the soil . 900245 Pa-ge 3 6) Srass Seed i ng : Grass sees' i ng -should be _lone bet-we-en November 1 and May 1 . It' s best to seed in the fall . Seeding should not -be done on frozen s-oil . The seedbed should be firm and clean of wee-ds . Seeding should be made into a cover crop , see item 3 above. When a cover crop is not _used , after the land is seexled to -grass , it should be covered with a mulct, see item 4 above. The following seeding recommendation tan be changed in consultation with SCS and the Mine Land 4Reclamation . The foIIowin-g is a seeding recommendation. Grasses % of Mix See-ding Rate-* Loving-ton Bluegrama 20 0.B Vaughn Sid-eoats grama 30 2.7 Arriba -Western wheatgr-ass 50 8.0 * = Po_und per acre -of lure Live Seed Stockpiled tops-oil should be seeding to Li-nc-o In Smooth Brume at the rate of 13 peunds per acre o-f Pure Live Seed, -or Fairway wheatgran at the rate of 6 p-ounds per -acre 'Pure Live Seed . This rate is f-0r a grass -seed drill . Grass s-hould the planted _us in-g a grass seem' dri I I -wi-th a-gitators in the drill box , -doubl-e disc with depth bands and packer wheels . Ninety five perzent of the seed should be planted at a depth of 1/2 inch to 2/3 irich. 7) Weed Control : Weed contr-oI is necessary to insure -a successful seeding . Weeds can be controlled by mowing or spraying -chemicals . MAw -weeds when they are 6 to B inches high , leaving a 3 to 4 inch stubble . Do not slip off the top of the newly seeded _grass . This should be done for the first and possibly the second growing season . After the first growing season and -the seeded plants hav-e reached the four Leaf sta-ge , then approbiriate herbicides may be used to czntr-0I weexis . Any chemicals used will need to be _used according to manufacturer ' s lab-sling. 8) Grazing: The area sh-ould to protected and grazing shou Ld be prohibited. 9) -Trees and Shrub-s: Some tr-ees and shrubs -that couI-d be includexl in the revegetation of the area, ab-ove water level , could include the following: evergreen tonifer trees could i nc I tide pastern Red Cedar, Rooky Mountain Juniper, Ponderosa Pita , and Sc-otch Pine; xleciduous tr-ees that could the inclu-deb are Russian Clive , Siberian Elm, Green Ash, Hackberry , and Cottonwood; shrubs that are adapted include • - Ante lxtpe Bitterbrush , Four-wirig Sal tbush, Hansen -Rose, Rabbit Brush , Siberian Peabu-sh, Tata rian Honeysuckle, Skunkbu sh Sumac , and Lilac . 900245 Page 4 10) The South Platte River runs along the west side of this property . Some of the property may be west of the south Platte River and if so, the river would run along the east side of that land. Some river bank erosion has occurred . Streambank protection may be needed and it should start at a stabilized or controlled point. StreambaTk protection should start at a depth well below the anticipated lowest depth of river bottom scouring. A berm between the river and pits where gravel material is removed should be built and it should be wide and high enough to prevent the bank from cutting by overtopping during a flood . Vegetative protection should be considered on the berm and upper parts of the river bank . The channel capacity of the river should also be maintained . A 404 permit will need to be obtained from the Corps of Army Engineers for any river bank work . If we can -be of any additional assistance , please feel free to contact this office . (.. Sin rely , O del RoydV Bell District Conservationist attachments: Mulching Standards and Specifications Soil Descriptions for: 3 - Aquolls and Aquents , gravelly substratum 10 - Bankard sandy loam, 0 to 3 percent slopes 9CO245 EXHIBIT G WATER INFORMATION In the Platte Valley Pit, material will be mined by a dry method. When the mining first encounters the groundwater, a pump will be installed to remove the water from the pit. This water will be discharged into the concrete lined ditch of the Central Colorado Conservancy District which will carry it into the South Platte River. The water will discharge into the river at the Weld County Road 6 bridge . In a dewatered state, the material can be excavated by a front loader and put directly onto a conveyor belt for transport to the processing plant. Surface Drainage The surrounding area is predominately agricultural in nature . There are several minor industrial properties located along the eastern boundary of the property. Off-site drainage to the property is partially controlled by the location of U. S . 85 . Runoff from the property flows directly to the South Platte Giver. The gradient of the river is 10 to 15 feet per mile and the channel width ranges from 50 to 200 feet. The meander length of the river varies from 1 , 500 to 2 ,000 feet. Where the mining approaches the river on the south end, the river has a straight course and is not cutting either side . The majority of the Platte Valley Pit lies within the 100 year floodplain. The proposed location of the plant site and stockpiles would lie outside the floodplain. The mining plan would not impact the floodplain. Erosion that may occur during a major flood would be contained within the pit. In order to direct flood flows during a major event and to minimize any flood erosion damage, the following measures are proposed. 1 . There is an existing 4 foot high dike built along the west property line. We assume this dike was built during the 1960s by the U. S. Army Corps of Engineers. On the south side of Cell A, the mining approaches the river at its closest point. Here we propose to armor approximately 400 feet of the existing dike. The armoring will be of waste concrete placed on the river side of the dike . In addition, the dike will be heightened by approximately 2 feet. This riprap will then be covered with soil and seeded in grass. G-1 900245 For a 100 foot length of the 400 foot armoring stretch, we will not build up the existing dike. Rather the dike will simply be armored on the river side and the pit side . This depression will direct the rising flood waters of the river into the pit in a controlled fashion. 2 . The -dike between Cells A and B will have a 1 .SS foot depression in it to direct flood flows from Cell A to Cell B . Waste concrete will be cut into the top of the dike to serve as a cutoff wall and prevent erosion of the dike at this point. 3. Flood waters will exit Cell B down river by simply overflowing at the north end of Cell B. -'here will be no raised berm or levy here and the waters can simply spread out at a low velocity and flow down the floodplain. Groundwater The proposed mining will intercept alluvial groundwater from the Valley Fill Aquifer along the South Platte River. tepth to the groundwater varies from 0 to 8 feet below the surface . The impacts from the mining operation will mainly occur during dewatering operations. There will be some drawdown on the aquifer in the immediate vicinity. Well owners could see some reduction in their water table. Accompanying this exhibit is a list and map of nearby wells. Many of these wells are shallow and -have a junior appropriation. Due to the dewatering operation, we do expect the groundwater in the immediate vicinity of the mine to drop. In order to mitigate these impacts on nearby wells, the applicant has proposed the following measures . 1 . The most significant mitigation measure is the sealing of -the side slopes to prevent groundwater infiltration. As stated earlier, the final land use of the mine is as a water storage reservoir. In order to accomplish this, the side slopes will be sealed with a clay liner to prevent any leakage of groundwater. This clay liner will be installed as the mining progresses each year. -Each year the mining will involve from 6 to 10 acres . We estimate this will generate from 800 to 1, 500 linear feet of shore line to seal with clay. Thus, only a small part of the pit sides will be -allowing groundwater seepage . 900245 G-2 -Me clay liner will be installed as the mining progresses .each year. Therefore, in an area that is previously mined, the side slopes will be sealed and groundwater will be prevented from flowing into the pit. -When the cit is completed, the entire perimeter will be sealed and no groundwater will be allowed to leak into the hole . 2 . In order to limit the area of dewatering, the mine has been segregated into two cells. When the mining in Cell A has been completed and moved into Cell B, Cell A can be xompletely sealed off . This will act as a further barrier for seepage into Cell B. 3. To preserve the integrity of the water flow in the channel of the South Platte River, a 100 foot setback will be placed for mining next to the -river. In addition, the low dike along the west property line will be preserved. 4 . In order to understand how the groundwater will behave during the mining operation, C & M proposes to monitor three nearby wells. By monitoring the wells we can predict how the water table will behave and anticipate how much it could -drop during the various seasons of the year. The three +sells to be monitored are the following: 1 . The -well marked PP on our well map which is the well -accompanyin-g the ready mix concrete plant. 2 . The well marked AE which serves the -house on the .processing site . 3. -A selected well in the northwest quarter of the northeast quarter of Section 31 . During the initial dewatering part of the mining operation in Cell A, these wells will be monitored once every two weeks . After this initial period, we should have a good understanding of how the water table will behaves and monitoring can occur thereafter at one month intervals . Our studies and experience predict that the dewatering will not dry up any wells . If any wells are impacted to this extent, C & M Companies will take measures to replace water for those well owners . -rater Usage Water consumption from the mining operation will come from the following: G-3 900245 Moisture toss in Material The proposed operation is -expected to -process approximately 1-09,000 tons of sand and gravel per year. The average moisture content of this material at the time of shipment is around 4% . This would be equival-ent to 2 . 5 to 4 .9 acre-feet per year. Wash Mater Washing operations will r-equire approximately 1,30-0 gallons per minute . This water will be stored in a s-eries of sediment ponds and will be recycled. Preliminary -estimates on consumption are 1 . 0 acre-feet per year. Dust Control Dust control will require the watering of haul roads at specified -intervals. The -proposed oper-ation will make ext-ensive use of field conveyors to move material to the plant. This r-educes the number of haul trucks as -well as the Length of haul roads. Haul roads would he watered mainly -from May through September ( 5 months ) . The average application to the area would be 4 ,0-00 -gallons -with a minimum of three applications per day being made for 80 days per year. This would be equivalent to 3 to 4 acre- -feet per year. Lake Evaporation The reclamation calls for the creation of a lined r-eservoir. This lining will either be in place prior to mining or it will be constructed in phases with the reclamation. The pit .will be operated in a dewatered state which will eliminate -evaporative losses during mining. Therefore , no replacement of lake evaporation is necessary or proposed. Along with the property, C & M Companies has also acquir-eid rights to talmgartner wells 1 and 2 . These wells are rather junior in their appropriation date and may be used to augment a portion of the water consumptive uses described above . in addition, C & M Companies may purchase more senior water rights in the basin for augmentation. These water rights would -be approved by the State Engineer and transferred for use at this site . The dewatering of the pit during mining will require an NPDES permit from the Water Quality control Commission. This permit will be obtained prior to any water being discharged into the concrete ditch and the South Platte River. 900245 G-4 EXHIBIT G WELL MAP + ++Pty'rj # 4,` ice �. r- 4-- - r x $):1 f 76 I I.i i•ependence J LD ROD NOSP. _ ¢ e(a�9i�� W o 7. !I1`\ PATiCEL • PA !, P• PARCEL B peso II Qi4p;:tit99r • to i ROJECTSITE , F mri : x x -WELD_COUNTY ROAD NO.-4 . T1N �II _ �' 1 hR T. II I J ,�.6 pz J t tfq ��i -g t )'i�l' .I� is 1p � ga VI ��•. �. lbw:. ac el �� • 'alp _ _ )i i ,.i + tite1/4 , _ Trai'.er .44 ii . i /st .M t tRM GD .}R66W 7/ a-..- -TUTTLE APPLEGATE, INC. 0 2000 FEETl' Illmlima=3 © f _ ce�wtwn w t,.a+w ours o. •..r . 11990 Grant Streetm , Suite 410 I- Denver,Zolorado 80233 �'gqA (303)452-6611 900245 EXHIBIT G o J . i E Y z m m O 10 O m �J b &J o ‘b4-1A Zo LI- 1 1-3 >ix t Fn . I Rir"OOKE4NezFggrag;E5@lAREF2%§ RRAUUM U 3 . .. . . 3 J 3 3 3 J 3 J 3 3 MM 3 3 3 3 J 3 3 3 3 J 3 J 3 3 3 3 3 J 3 3 3 J 3 3 3 3 3 3 J 3 3 3 fi - i .� § § RA A fiRvI O - A M I A AR A As V \0. \ \\\�� `O -u qqpp iw abPag ggn . "- ; 12 SSSSSSSSSSSSSSSSSSSSSSSSSSSSS SS SS SSSSS SSSSS SSSSSS Y .. . . w. 0 . 00 .00.000.0000 .00.00.00.0. 0. 000.000. 00000 . 00 . 0 . .. .. < U U {JO U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U 11 o1M1112ro§1Irr$1111$1g1g118 1 ,1 o1%- q ,01111 EI ER 0 -$ 1 AV w s—y1 Z0 c& Ni- >7x A A USES& oo---c---f—ow Eno o 0 0--- c c 6 E . - M N N U N N NO N N N N N N N N N N J N N N N N N N N N N N N N N N NIA N N NIA VIN N N a N N N N N N'AWN 3 S 3 J 3 3 3 3 3 3 3 3 J J 3 3 J 3 3 3 J 3 3 3 3 3 3 3 3 3 3 3 J 3 3 3 J J 3 J J 3 3 3 3 J J 3 3 3 3 3 3 J J 3 J N - g i 6- r Cg -rylrlc.p.0,,N,,NNNN,NN, l Ot000e0O0JE010PPPPPPPP,,,Lo PPPPPPPPPPPPP W t 5 YpZ aa ; g - P 055 PDOOPOODDOOPP0000000 =0PMOONOO PPIODlsPO NOPPODDD DL I IiiIIIIIIIIIIIIIIiiiii 11 it " &p G&&&&&&&&&&&&&&&&&&&&&&&Raga&&&&&l&&&&& &&&&& &Raga ��ii M N j(Qll 111LL�D=H YJ�2pd NFS 3 X lk 333nun33J33333333333333333J333J 333333333333333333 33 33 1 oo• �p�1j �{(yy JJ �` r (��j. vi;IA N NNM .011iP � JJ� i�1I 1NJyP �v�N1/1 NM . NM y2 -- -C�jJ-Y1y J--'NMJJ-M JJ JJJJ1Jy 1^V3 .l JyJI yJIJN �MytNMr.,;: . Iey� JJ 4 ly 1y g , Vr J d - J yJI 4 S d 1Y J 4 4 g 14 4p `pJ J I� 5 J J i J J Ry g OC t N N N N g J q i g -2 ( ( 4 Y N N 11 6 E II 1 I IA I I I .O 9 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N QCOV 0142H 7]LJ=Z 3 }-nl EXHIBIT G • i ti �� --, - -it- AA" kgeqk NNPPv$ n tE t- ,, �'^] �r�rQQ'' `QQ`.$$•• {_{QQ([([��$$ A p.V�Ip yyy�� Mm�. }c��`�}{�`j ��jQ:(vV 9t ��jj: l� R 3t l x T 1 N N2QfVEl71MARRia 'iy NYA%{NNi JiQj NNra, (N��Y,^jRRA�H..,,M`� P kmmgmJ NN, ,i,r1 IIJ2T NY1N1-P ;:% 1RMA eM M1 i �I.1R € €222 $! y N1n Nan N10V NN J 33 JJ 33 33JJ J 3 337 3 3 3 3 3 3 J 3 J 3 3 J 3 J J J i pl �\.�/OL. 1//-5yy7/ JT}nY `$ mph �(l�`44�U y<44( . V� l a 1 l eas V1N _ NN a 0VJ� I IIIIIIIIIIIII1 !III gyyHA P •'^•' erIN 'N M1.i M I- 1 §1" I ti §agll I : al o 0. I . g § gggrnig§gg - ��%hg -g nn ---— is!g2p,iQ!!”,!!! a o �2 r1�� 2 �n�1 $ 'a h—\ 6 A-1 - Lr'��Ci!�'�IGS4GassCl2CCRl z 8e oSNeg ^a $�s�751g� i6� - -g�C≥24-A0 g�-23 E'�2$ISo'oo$$$08 d_ . ggg SEE k 1 PPP g s v ' �_ ^Y 1nV-^l ^oo �1 m(AV (�1nV(�i(� (^VC sr.�m1-(�(1.V o(� : V b -•-IT PP ggggg-- -�T ,� I P -- -- P -•P_S -%- P---P -4- -P ---•-P -P-�l•b• A A A A A „ A A A A ,, A ^ ,�,A 1' SS SS SS SS SS 2% SS SS S X11 222222222222%252222212 B . 0 0 . O . OO OO I 14. . . O. N : N! OO. OO OOO . O.OO..!...... . .0 .0 . 0. 0 . .. . 0 0 . 0. 0 00 . .... 0 0 0 i 0 0 0 0 o C 0 0 0 0 O C 0 9 11111 §E H8 II ! . Ai P 8� 1 II -MIN s W lWWUWWW2 it • ,00 O-O-M O-O O.0 O O N N N O 446 M�N OOOOO -O ON OO • � QO O- :O N �G kJi 1.4 o As 82 $;"hh _0-0 -"1 a 0 C E 3333 3 . . . . . 33 ) 3 33333 3 ,3s . ..WO I... A. .3+33 333333 3 . 333 WOMOWWWWWWWWWWWWWWW Di . E SS 55 55 55 55 ss,ts ss SS S 5s sales ssssssssssssssss O . . zz Z 2 Z Z I 2 2 S Z N N - o -- -- - - } Z F --I-- ry ry ry(V�y ryry MM MM ..pp�p..pp ..pp�p�p�p.p MM MM MM MM MM MMMMMM MM M MM NIANIYIM MMMIIMIMMMMMAMMMIYIM- r 4 ,9i ww wl w w � ao, *2' ' as pw aa ala �w Mali* l w i '50 i ig' ww , i iii w ww �w ' Qm Qi% %% ,DADJ %Qi 1Q3% %%Q?.%% 00 asap Ql%QiQmoi Qion loniQm%%%- rs Isle � � � Ise illige 40400 00000060 hun 00 111111111111 41 ` �(< &&&&& && C&&&&28 - - &&&-&&&&&&&&&&&p,� &&& & 441111a% m{.s2mfl 4 TilS- g33333a 33333333 33330111)0 OO33333 i O R I.O - xj-'- _JeA ep� $1 Q( ,�y{5 Nmt tI7K" !: i 1yy, -0 w -. j- g3M A3W3NS -NM MN�� 31y�`•j N-J J wss YJY!! -N • J J FJ,TJ0'1i• V• JJ-P- IJ� g y� :"?. '.LL NNydd W w J - J A N V1 J J 1� J 2 2 N� J N_i i J M J 6< 1.- N J 1JY yJ� J 1�.1� y� {� y� Y!W 1y 4.1' W� S 2 CC BP g-91 .g I D 3 i b C C- - 9 J J i W W W W W J ii 3 6 E Eli N O 9 N N N N NNI N N N NN N N N NNIY NN N NN NNN N NNNIN N N N Y �NZ N EXHIBIT G a G _ - ,q..2q "p'5�q G�QQ1 � Q QQ"1 : _ g . . « . I WnmP 22222 J NM N N N N J � 3333333333333333333 333333333333 N 3 3 3 3 3) J 3 J 3 Ji3 J 3 3 J 3 L .* JJ b ieV Q al-, -hJWU- qr -II2 �0c1.0 k-- -tu4°C3Wa HI-) J 9CL uwu z �Y-1Z2 e_ aat-5> NQddIK<Q dQ Q <d III- C N ^�•IT PIT P P Q N Q• IT IT (`(`�4 I2 H nAR N N IR efi r O ox . w a Nn N vvN vv v n n n . v NEE x -----s--�Nu4axs__-P-u- ra- aaa sa se sg s------- . a ;\ . \SSSa SSo O-8Eg �..7.c S=c.=-a' S� as aS �S� SSoS � d E R gg s (V p[� (��v NN ep NN[r� pp �vo _j�2 ['rS rS S ��vv(w (�vv��vv(�vv F• 9 u gEE og. gggg ?g-ti• _ _MMMa__��jlrl NNUUNUltg� ggN NUNN NN b'ggglT�ti•Sg " PC-2 SS SSSSISSSSSS11,222SSSSSSSSSSSS\SSSSS\SS\222221222 Y _88 C u ! r 00000 00 00 00 OO0000w00000OO00000NN00000tatN00000OOOOO 4 OtibVO_ ON 4. OO OTINON.-M4.47444.-!OrOTI4NNOO4N4NTlN TJ_ X00000000 O it G 1n NN 2 V I -1 _W _N_.-.0o N-. .-__0000_ CO CIG GE�SOO S : E (moo N N P N P4 N N N N N N N VIN N N M N o N N V I N N N N N N N N N P YI YI N 41 V I YI N N N%N N N N V 1 N C• q .3p.3p �3p.p .3T �3p.3p .3T.3p 3'�3p.3p,//.3p 3p.3p.3p.3T.3O�3p3O 3p,3p 3O.3p�3O �3p�3p 3p 3O 3O.O.p�p.3O.3T.3p�3p.3O.3O.3p.3p.3p�3p.3p.3p.�3ppi��3pp.3p,3p�3p.3p.3p W z K s.Os•O s •Os 43.3 .O V 1'O•O•O.O43.4s .3s.Oss.O3 •O.O.Os.Gs.O.O.Os•O.O•O.O .Os V V V�•O V V s•Os �_ 55555 mm mm 2 . " � GG C O C G p p VV�VT�VT�ITT ITT ITTpp,pp,ppIpp,pp.pp pp pp OO pp pp oo oo pp oo oo pp Op oo pp pp op pp F a :I N ft� N NN NN NN NNNNNNNNryNNNMMMIMMMIMIRRRR1 2RFt ITMMMWIMiMM mint, fli; dill i UU irfl�rlf �f � II s : t, QISOM Ql% QIQI QM S��SZIS �SQl%%%SS%%%HISS%%%S%S*1%%%%%S.TS %S% . t 0"r0 00 00 00 00000 00 0000000000000 sD00000I I0000P 000 kId ll ll il IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III a asa as aaaaaa as aaaaaaaaaaaaaaaaasaaaA as as 13 t of l2 i. Paz of Wt I3X `2 k* 7a a -Z 30 0 3 33 33 333333. 33 33333 3333 333333 33333333 333 KN�T PJVJ II(T� V .t0_ Jm JNM • ..;..nIGP * G OO{G . NJMMJM^'J {i� lSD O JN '7'"4-':,JJN J_.O J J J S SOJ �Jy yJ1 "1 J N :O.-NN -P V w"".“- J�M'y�/�� " 22�J+W y449920 y�y� IJy 4y{�JyJ gins 1 3 s s J J J NWSggs� . S J r�s J _4NNIWWNN4r_oui Q2J 2J 3ws_p___ '2J-2J J 3JotoowlAs d 1 J 1 3 J liu, ss' 16 6 ; Vi4414" o eo 1 i p9 N N rum N N N N N N N N N N N N N N N N N N N N N M N N NN N N N N N N N N N N MN N N N N N 900245 EXHIBIT H WILDLIFE INFORMATION 'The site is located along the South Platte River and has a low 1-and riparian ecosystem. The main habitat area would be adjacent to the river and among the cottonwood trees. -The site proposed for mining itself is a non-irrigated pasture . Since this area was previously cultivated, there are no intact stands of native vegetation. The processing site is located out of the 100 year ₹loodplain on -an existing industrial site . Key wildlife species should include mule deer, whitetailed deer, red ₹ox, raccoon, skunk, beaver, muskrat, fox squirrel, prairie dogs, water₹owl , great-horned owl , marsh hawk, swainson' s hawk, great blue heron, black-crowned night heron, snakes, turtles , f rogs, and toads. O ur inspection of the site revealed no endangered or threatened species . We would expect that the mature stand of cottonwood trees between the site and the river would be utilized by wintering bald eagles as roost sites. These stands of mature cottonwoods off the mine property would be considered the most critical habitat. Mining operations during the winter are at a low activity level. This should miimize impact to wintering eagles. In order to minimize the effects of the mining operation on the wildlife the following measures will be taken: 1 . -Mining will occur only in the dryland pasture area. No trees will be disturbed nor will the riparian habitat along the river be disturbed. 2 . The Reclamation Plan proposes the planting of cluster of trees and shrubs to serve as wildlife habitat and food sources. 3. This mining area is relatively small and of a regular shape . There are good opportunities for water habitat to be created by the lakes. h. C & M Companies will inform their workers about the wintering bald eagle population and supervise activities so the workers will not disturb any of the eagles. At all times during the year, the mining activity will be limited to a 6 to 10 acre area. In this way human disturbance can be concentrated. Also the winter months are times of less mining activity because of slow construction. H-1 300245 The depth of the lakes mill be from 20 to 30 feet and will be available for warm water fishery. Stocking the fish is not proposed in the reclamation plan -nor will the lake be available f-or public fishing. There is quite a dump of tree stumps on the northwest corner of the property. C & M proposes to _drag these stumps into the Cell B pit upon mining completion to serve as underwater fish habitat. H-2 90024s MINED LAND WILDLIFE STATEMENT/EVALUATION (Revised) for limited impact and select regular mine applications The following information pertaining to wildlife is provided for use by Mined land Reclamation Bnard in their consideration of a mining permit for: Platte Valley Pit-Sand & Gravel-SEiNWI, & SW*gW}, Sec 30, T1N, R66W, & IDarts of -the NW}NW}, Name/Type and -Location of Mine (Legal) Sec 31, SiN, R66W, Weld County Wildlife Species list: peer, coyote, fox, prairie dog, raccoon, tpposum, skunk, rabbits, beaver, muskrat, -weasel, pheasant, dove, magpie, raptors, waterfowl, shore birds, & numerous small rodent & seasonal songbirds. Endangered/critical species/impacted: No known threatened or endangered species. • RECEIVEL) Critical habitats/vegetative communities impacted: NA N0V 131989 Assessment of impact: Area is bottomland that appears to have had varied uses. Vegetation is Mather weedy and a-mixture of permanent grasses. Mine Reclamation recommendations (include key species/habitats for which restoration is designed). Although the total reclamation is lacking in the application supplied -this office, it is assumed that the excavation will result in ponds of water at varying depths. It is recommended that the banks be sloped at -a minimum of 3:1. Also, the shoreline should be left as irregular as possible and use overburden to create islands within the ponds. Trees and shrubs such as cottonwood for trees and rites or skunkbush for shrubs -should be used in the revegetation plan along with grasses as recommended by the SCS for lowland areas such as thi=s. • Prepared By: Date: / 'fr/ 1 Submitted -By: Date: This statement is void if not processed within 1 year. ® This analysis doe-s not constitute approvalinf a 9pplication. 5 2 of 2 fi iaL EXHIBIT I 3—Aquolls and Aquents, gravelly substratum. This 10—Bankard sandy loam, 0 to 3 percent slopes. This nearly level map unit is_on bottom lands and flood-plains is a sleep, somewhat excessively drained soil on flood of all the major streams in the survey area. Aquolls, plains -at elevations of-4,450 to 5,000 feet. It formed in which have a dark colored surface layer, make up about stratified-recent alluvium along streams and rivers. In- 60 percent of the unit. Aquents, which have a lighter eluded in mapping are numerous sand and gravel bars colored surface layer, make upabout_35 percent. About 5 andsmallareas of nonealcareoussoils. Typically _the surface layer of this Bankard soil is percent is Aquepts andBankardsandy loam. These -are sleep, poorly drained -soils that formed in brown sandy loam about 4 inches thick. The underlying recent alluvium. No one pedon is typical. Commonly the material to a depth of 50 inches is pale brown calcareous sand stratified with thin lenses of sandy loam, loam, and soils -have a mottled, mildly alkaline to moderately al- kaline loamy or clayey surface layer and underlying fine ravel. material -and are underlain by sand or sand and gravel Permeability is moderately rapid. Available water capacity is low. The effective rooting depth is 60 inches or within 48 inches. In places they-have a-gleyed layer in the underlying-material. more. Surface-runoff is slow, and the erosion hazard is Most of the acreage is-subject to flooding. The water low. table is at or near the-surface-early in spring and recedes -This oil is suited to limited cropping. It is sandy and subject to as deep as 48 inches late in fall in some years. to flooding.Pasture is the best use. Tall wheat- These soils are used-for rangeland and wildlife habitat. grass, tall fescue and annual aweetclover are some of the . Some small areas have been reclaimed by major drainage most suitable crops. Light, frequent irrigation by furrows and leveling and are used for irrigated crops. and flooding is best. Commercial fertilizer improves the The potential native vegetation is dominated by alkali amount and value of forage produced. sacaton, switchgrass, and western wheatgrass. Saltgrass, The potential native vegetation is dominated by switchgrass, indiangrass, sand bluestem, sand reedgrass, sedge, rush, and alkali bluegrass are also prominent. Potential_production ranges from 3,000 sideoats grama, needleandthread, -and blue grams. Much p g pounds per acre in -of this range site includes other soils and vegetation in favorable years to 2,000 pounds in unfavorable years. As such a complex pattern that it is difficult to map them range -condition deteriorates, the switchgrass, alkali separately. Potential production ranges from2,500 pounds sacaton, and western wheatgrass decrease and£altgrass, per acre in favorable years to 1,500 pounds in unfavorable sedge, and rush increase. years. As range condition deteriorates, the tall and-mid Management -of vegetation should be based on _taking grasses decrease; blue grama, sand dropseed, and forbs half and leaving half of the total annual production. Seed- increase; and forage production drops. Undesirable weeds ing is difficult and costly because numerous tillage prac- and annuals invade the site as range condition becomes tices are required to eliminate the saltgrass sod. poorer. Switchgrass, western wheatgrass, alkali sacaton, tall Management of vegetation should be based on-taking wheatgrass, and tall fescue are suitable for seeding. They half and leaving half of the total annual production. Seed- can be seeded into a clean, firm seedbed. Seedbed ing is desirable only in areas large enough to interseed or preparation usually requires more than 1 year to to prepare a seedbed. Switchgrass, sand bluestem, sand eliminate the saltgrass sod. A grass drill should be used. Teedgrass, sideoats grama, little bluestem, blue grama, pu- Seeding early in spring has proven most successful. bescent wheatgrass, and intermediate wheatgrass are Wetland wildlife, especially waterfowl,utilize this unit. -suitable for seeding. This soil can be seeded by using an The wetland plants provide nesting and protective cover, interseeder or a firm, clean sorghum stubble.A grass drill as well as some food. The nearby irrigated cropland, is required. Seeding early in spring has proven most suc- where wildlife obtain much of their food and find protec- cessful. tive-cover, makes this unit valuable to both wetland and This soil is generally not suited to the establishment openland wildlife. and growth of trees and shrubs. Onsite investigation is needed to determine feasibility and possible tree and Openland wildlife,-especially pheasant, use this unit for shrub species. cover and nesting. -Deer find excellent cover in some areas. Wildlife is an important secondary use of this soil. The These valuable wildlife areas should be protected from _cropland areas provide favorable habitat for-ring-necked fire and fenced to prevent encroachment and overuse by Pheasant and mourning dove. Many nongame species can livestock.They should not be drained. be-attracted by establishing areas for nestingand-escape These soils have good potential as a source of sand and _cover. For pheasants,undisturbed nesting_cover is essen- _tial and should be included in plans for habitat develop- gravel. Capability subclass VIw; Salt Meadow range site. ment, especially in areas of intensive agriculture. Range- land wildlife,for-example,deer and antelope, can be at- tracted by managing livestock grazing and Teseeding where needed. This soil is-notsuited to urban or recreational develop- ment because of the flood hazard. Capability subclass IVw irrigated, VIw nonirrigated; Sandy Bottom land range site. 900245 EXHIBIT I 68—Ustic Torriorthents, moderately steep. These are deep, excessively drained soils on terrace breaks and escarpments at elevations of 4,450 to 5,100 feet. They formed in gravelly alluvium and have slopes of-9 to 25 percent. Included in mapping are small areas of soils that have pockets of sandy loam and loam in the underlying material. Typically the surface layer is pale brown gravelly sand about 10 inches thick. The underlying material to a-depth of 60 inches is pale brown gravelly sand. Permeability is rapid. Available water capacity is low. The effective rooting depth is 60 inches or more. Surface runoff is medium, and the erosion hazard is moderate. The potential native vegetation is dominated by little bluestem, -sideoats grama, sand reedgrass, blue grama, hairy grama, switchgrass,and-needleandthread.Potential production ranges from 700 pounds per acre in favorable years to200 pounds in unfavorable years. As range condi- tion deteriorates, the tall and mid grasses decrease, blue grama and hairy grama increase, and forage production drops. Management of vegetation should be based on taking half or less of the total annual production. Deferred graz- ing is practical in improving range condition. Seeding and mechanical treatment are impractical. Windbreaks and environmental plantings generally are not-suited to-these soils. Onsite investigation is needed to determine if-plantings are feasible. Wildlife populations are limited because the necessary habitattlementsare lacking. Because most of the acreage is-rangeland, only rangeland wildlife, for example scaled quail and antelope, are typical. Extreme care is needed in managing livestock grazing in order to-provide suitable habitat on these soils. Potential is poor for urban and recreational develop- 'ment. The chief limiting soil-features are the loose, coarse textured soil, steep alopes, and rapid permeability. Capa- bility subclass VIIs irrigated, VIIs nonirrigated; Gravel Breaks range site. • 900245 SOILS MAP 1N-2O00' R66W 6W a T L T6 � 3—I}..— 1i�0 .. / 10 I .. � �. _ yY , r \ I 1�' Powers1..` 7 r 0 1 3 7a k n 24 20 68 4 i . . .._.. (\it ( t i -76 L• l4 5 21 21 8 yn . ...r. .... '.0 30 , i 168 iii 1 / PROJECT SITE 10 '6 46 r ,. J ry i pI w 1 * 37 / �� . : u 46 Tit., WalNnbr9 a r ) u �` 1 �I��' 37 • . -;. . , * 76 y ice; PARCEL B a7 �. , _ 35 .D '' i .4 _, 0( -47 , : �:,, ,.. . ._ kl 46 L I �l 13 fi� 1 g:1 ' ' PARCEL A • � -err?. 21 b ', 22 1 21 T1 N aj 41 47 n 2 p _ d • .. :,' ; a �.. a. r ci,i '21{ I/ 31 a '� r 21 r .c3 2 �.. . +':i.� 1 i 10 21, n 7 t 1. ] 1 r '1 T. 77 N . .� 38 �., 900245 EXHIBIT 3 VEGETATION INFORMATION The son Conservation Service assisted in an -existing vegetation survey of the site. Their conclusions are included below. J-1 900245 EXHIBIT J United States Soil 60 S. 27th Avenue Department of Conservation Brighton, CO 60601 Agriculture Service Telephone: -659-7004 August 23, 1989 Mr. Ronald J . Allingham /Pt Tuttle Applegate, Inc . F 11990 Grant Street, Suite 410 -A/y r �V�O Denver , CO 60233 81989 RE: Information for Mine Request Dear Mr. Allingham: The information you requested on the land i-n part of the E 1/2, W 1/2, Section 30, and part of the NE 1/4, NW 1/4, Section 31 , Range B6 West, B P.M. (See attached map) . SOILS INFORMATION: Soils for the area requested , according to the Soil Survey of Weld County , Southern Part, are mapped as follows: 3 — Aquolls and Aquents , gravelly substratum 10 — Bankard sandy loam, 0 to 3 percent slopes -A copy of the -detailed soil -description is attached. for more information on soils see the soilsurvey. A copy can be obtained from this office . VEGETATIVE INFORMATION: It appears that this area had been cultivated and irrigated several years ago and the native _grasses destroyed . Some introduced grasses and legumes had been established at one time and a remnant of those still exist. The grasses consisted of Tall Wheatgrass, intermediate Wheatgrass , Smooth Bromegrass and Crested Wheatgrass . The legumes consisted of Alfalfa and Sweetclover. Other grasses inventoried on the property were Cheatgrass , Saltgrass , Western Wheatgrass and Sand Drop Seed . Grass— like plants seen on the property were Sedges and Cattails . However, this would have made up less than one percent of the vegetation. This area is teing grazed by cattle and it appeared the tattle had been in the field for some time. Other grasses may have been present but had been graze- too low to identify . The major part or percentage of the vegetation , at the -time of inventory , was Forbs . These broadleaf plants consisted mostly of Musk Thistl-e , Canada Thistle , Bull Thistle , Murdock , Bindweed , Lambsquarters, Sunflower , Kochia, Goathead and Prickly Lettuce . There were a few trees on the property and they were Cottonwood, Willow and Russian -Oliv9�0245 EXHIBIT K CLIMATOLOGY REPORT NO. 77-I FORT LUPTON 05 3027 4 COLORADO CLIMATOLOGY OFFICE COLORADO STATE UNIVERSITY FT. COLLINS, CO. 80523 TEMPERATURE I FJ -PRECIPITATION (INCHES) EA 5 E7.TPE`Es Mrs:: 1:: :r :475 SNGH. S:EE7 '..Eu: N: Cr Ctls -MA), M 111 1 Wf V hit ypy `pp{L.2 N Y� U -Cr a- LL.- OZ a yP i Oaa 00 030 g0 ?. ~ i 2y .0 a a- nit Ogt Cat %W tW -Cr -Cr <S 61 ) 4 CJ i' Al O� W V 0X S ISO i C S ZO ,i C .1 ~1 .:T ,.11. 43.: 72.9 26.: 70. 1956 -5 -27. '965 72 0.0 6.3 :0.4 5.3 .42 .46 7067 17 6.1 73. 1462 1: 1.3 :.C 0.. FEB 46.5 :6.7 3'.6 76. 1954 B -37. 7051 1 0.0 3.5 27.2 2.4 .44 .5: :951 13 5.7 9. 1065 15 I. 0.. ,., ! P 57.0 27.7 36.9 0:. 1963 29 -13. 1960 3 0.0 2.6 20.2 1.1 .06 1.00 7059 25 9. 1959 25 3.0 .4 ., +PR 64.1 37.9 40.: 07. 1955 26 6. 1953 72 0.0 .2 16.4 0.0 1.06 2.20 1967 13 1.7 O. 1064 3 3.2 .3 .1 wry 74.3 41.9 50.1 95. 1954 2: 79. 1054 2 1.0 0.0 2.0 0.0 2.15 2.05 7961 13 0.0 0. 0 0 4.9 1.4 .6 !: 13.6 5:.3 67.0 700. 1054 23 30. 1951 4 9.4 0.0 .2 0.0 1.53 1.13 1970 II 0.0 0. 0 0 4.6 .0 .4 9:.4 56.2 73.3 137. 1954 :1 Al. 1965 31 10.7 0.0 0.0 0.0 1.25 1.50 1065 24 0.0 0. 0 0 3.4 .5 .3 At: 07.7 54.: 70.0 102. 1954 3 37. 1964 37 12.4 0.0 0.0 0.0 1.23 1.40 7051 3 0.0 0. 0 0 3.0 .6 0.0 SEP 79.9 44.: 62.7 703. 7952 4 26. 1462 77 4.3 0.0 1.0 0.0 1.14 2.20 1955 19 0.0 0. 0 0 2.5 .9 .2 46.1-33.2 57.7 92. 1053 1 -1. 1469 14 0.0 .1 14.5 .1 .07 1.34 1957 5 .6 11. 1969 13 2.5 .6 0.0 i 53.: 22.1 37.5 76. 1953 2 -12. 1952 21 0.0 2.1 2'.5 .5 .43 .49 1056 19 2.9 10. 1056 20 1.5 0.0 0.0 at 44.2 14.1 29.5 72. 1955 23 -19. 7067 37 0.0 5.4 37.6 3.1 .34 .61 1958 12 3.1 6. 7956 12 1.1 .1 0.0 3:27.4. 65.9 33.6 49.0 46. 20. 779. 12. 11.7 33. 6. 2. PRECIPITATION wITH PROBABILITY EQUAL OR LESS-THAN PROB. LEVEL JAN FEB MAR APR MAY JUN JUL AUG SEP OCT -Nov DEC ANNUAL .05 0.00 0.00 .12 .16 .41 0.00 .09 .17 0.00 .04 0.00 0.00 6.59 ,25 .60 .23 8 .27 0.00 .09 .09 .06 7.53 :�0 ,3C .�� ,112 .41 .92 .49 .I4 .45 .27 19 .17 .12 4.7H .30 .17 .26 .43 .55 1.21 .72 .SI .62 .46 .30 .23 .17 1.77 •o .23 ,32 .56 .70 50 .97 .70 AO .h6 .43 .30 2 067 .SO .31 .39 .70 .87 1 1.82 1.23 .92 -09 .88 .59 .37 .22 1.56 .60 .39 .46 .86 1.0e 2.18 1.63 1.19 '2 1.23 .79 ,44 .34 2.49 .70 .50 .55 1.05 1.30 2.62 1.90 1.52 I.50 1.44 1.04 .53 .42 J,55 . 0 .65 .66 72 .61 3.19 2.60 1.98 1.87 .86 40 .h4 .53 4.87 �0 90 .N4 35 1 12 4.1? 3.21 2.76 ''te 2.54 2.01 .q5 .70 6,02 i :15 1J• 1.01 117 2.62 5.00 4.00 .3.SJ ].OB ] 20 2.63 1.03 .87 IP,55 ALPHA 1.35 2.53 1.68 1.78 2.11 1.66 1.19 1.58 1.69 .51 2.16 1.79 10.5• OE7A .J2 .18 .51 .60 1.01 .97 1.05 7J .d5 .90 .21 .20 1.13 0 .05 .05 0.00 0.00 0.00 .05 0.00 -0.00 .10 0.00 .05 .05 0.00 MIXED GAMMA DISTRIPUTION. 7ITTEO TO DATA AJ.PNA. SHAPE PARAMETER BETA. SCALE PARA.ETER MEDIAN PRECIP1Te5.110N1 AMOUNTS o EC INDICATEU7 AT T 1hE N..50 OF MONTH\-. S LEVEL 900245 • �` * t •• •e• . J_ 'i ♦' . • t • •• • a •♦•? w _ • %• . D •t - • • S 9 a t C • . 0 CA s 4. o I = • a ...• i 1.1 a ' r_ 4 I I I £ .• t L '• 0 1•—• •'I . y $. O m ••' •r • 3* Q , c• ha � _ ' - .0 �: ;`IC ♦l , ,r�- • -0 ♦ •� +� `♦ c. _%I • �• a • , • — : • A I.t I• - • • a O m 2 f N N • .. I I I [ZI (•g) a.zniesad£uay 200245 I 0 CI i wmm-ass eT„NNrr r Eel"- } a Y JNONN .l,iy .O.pq �.g rPPP�� SP6P3 i3P ^` ES _ry N 1y♦p po NJN/1 h • NN JN.JN'a $i8 •C• �I. MNI POP.O oN�� 1�'4O^ N r�RNNN �N� aam• ��'VVVVV 3 NM^ lee . J Na a YYYO111 Oy p C S p�IJ�M1N viEU0 000000 O.J.00 T M�IO�ns PJN�'�� P'ONO'N -T y >>> y�.ryp pp Y�.p a pp- /� OOCNNNJJ O• OOOaa•-•- N.�NNR leiNNOO '0000 UM"' P OM1�00MM LV1RANiP ON'2^T^ is yy _ _ rye. Y�RJM .aO • a NNN O. I Opy�NN� A aigl �/N11YmJ' a pOOwaO AOJ PLO pyre O.Nr e 4'O ¢ pq.S Yry� legg fgM• • 8rz\\ \\ OANMINTI 8 NeePJ JNN 1'2;22 4�Nppg^HA y��.aIANS/�e� �I Dp .p 1V OOpPO�O�- Y.• J • • • •N yMMM ME" ZPI�NJMI �Y1 VN1�1 -11I.'�N�SN��P<M� ONN�NMP t O 421m AN N > ..ppp p8 sr-----id p r N Ni O......_O P P 0 0 0 R -0.-eft,. G 3 4 J N P O N' 0+ S p M s Y N N N O O S R '1OR N 22 N 2 N N YIP r N r N R O A O 7Ph„N r JINJ JIIVV rive N y L e 8 �O O P P r O O- 3AON .g b1 rN • I o1. R��m c5 giri = s ` ANMJ�N F 2 t ' Est`.. sssv P.�rrNr val JrN eN'" Y 2Y�„�ti-'A a `pR�y^n�wpp'aSa q0R2:^� � • `N RIC/�2 -In-- . �O p k -yp� ��O1 O „�MN 3< NNE 3S 1N, 6.�1�ONN N fO we O�NNOON1jS M01 \1�\w • \�- �\ 10 N « G. �ONNJJN'1 dtfla..^ o pN�SSpq 1I.y] L.P4;7V0 a y p/� a a N re NNNMIN fgr400 I rNSMNIJ.NO R-PNONN.N�vIR=RN p• N N Mtn yp� p p ONNJJI•1.•1 0000000 y J 11714.4 � IO<AP •00000 1 . - N C` nn ?? GGGGGGa. S 6 JJO a NO PAA A G 2n1%%g 000^n0' 2NNrrr, h $ flfr ; S'Jr00 A O ni Al..a y a i s ; t t 0RMNas e.'^N$n 3sJNNS gMilli a �e O Ys p i 1 J •O=Oi 9�I OAP O---Amg'V •Ng�r•_N •�e S`e j YO .p 40 \0A ZNZM O� aN04OC ��GNOJOO • Y • a I i 1 a H ► r EXHIBIT L RECLAMATION COSTS The Fable of Disturbance in Exhibit F and this -Exhibit have selected a point in the mining where disturbance i-s maximized. This point is at the beginning bf -raini-ng in Phase 1. -where the pit involves backfilling of four -walls. Major Disturbance Cost/ Amount Units Unit Cost 1 . Backfill slopes crf 8 acre mining are-a from over- burden stockpile 1 : 1 to 3:1. and 2:1. , 4 faces at 2,4013 L.-'. 98,4=89 CY $ .80 430,791 . 213 • 2. Place and compact clay core, 2,-400 L.F. 17 ,333 CY 4 1 . 25 $21 , 665 . 25 3. Scarify overburden stock— pile area, 3 acres 14,520 SY 4 . 15 $ 2 , 178 .00 4 . Spread topsoil at 6" to 10" stripped area-3 acres . Setback -anti slope-1 . 6 acres 7 ,8=91 CY $ . 8-0 -$ 6,912 .80 5 . Seeding, fertilize, mulch 7 . 6 acres 7 . 6 AC $50-0.130 -$ 3,800 .00 SUBTOT-AL $_64 ,748 . 25 L-1 00245 Amourrt Units Unit _Cost Maderate Disturbance 6 . Scarify plant site, office and scalehou-se, 12 acres 58,080 SY S . 15 $ 8, 712 .90 7 . Se-edtng 12 .0 At $590.09 $ 6 ,090. 09 SUBTDTKL $14, 712 .09 Minor Disturbance 8. seeding, fertilizer, mulch slope and setback 1 .0 AC $500.00 $ 500 .00 9. Res-eeting 0.i At $500.90 $ 250 .90 • SUBTOTAL .$ 750.00 GRAND TOT-AL $80,21-0. 25 The operator will request release of bond after pits are sealed and ve-getatinn is growing. Use of the Tits -as water reservoirs will require no additional work. With 2-9. 5 acre-s of total. disturbance -at any -one time, the average reclamation cost -par acre is $2,719 .09 L-3 900245 IIIZo { &c1 14 kJ rflg E,1- I cAvutamionY' Ryt vowsi to m i rJ rn1G, —EZ imprilruct AT I ' 1 <,6ppt- W r114 '?7ANC4642-0 '1 I I *J D a ! 1 ( C-'--L)- \ i A GA-At L1 N E 2 Fj ,4u2-0 Yet I N 1 N C., Ael24P- C Arree 2) 400 t. F, o W ova eel-ir ML--c, 2,64=e. VIQTEtz t�vEL• _ ` • ' 0. 4.. Ill ® - 4t —ltl ("Neva 4t--! • �Zi �-y 111 { L-ttJEt ll(�' vcx.UME fr1 s (o + C, -scc ' llJ s I 24120 4. z' 11.1 3'3'5 �Y n tE.t2.iJ ein-lJ (Z°7K 42K ri> - ( Ids le ,h) 2400 - 2-1 • 4,5, 39 LY 900245 3 _i EXHIBIT P OWNERS OF RECORD DF SURFACE AREA C & M Companies P. 0. Box 490 Niwot, CO 80544 ATTN: Mr. Bob Allen OWNERS OF RECORD OF SUBSTANCE 20 BE MINED C & M Companies P. 0. Box 490 New-0t, CO 80-544 ATTN: Mr. Bab Allen P-1 900245 - -_ _ 89132 1 M11985480 B 1046 REC 01985410 10/18/14 11 : 47 $3. 00 1/001 F 1-977 MARY ANN IFEUERSTEIN CLERK RECORDER WELD CO, CO KNOW ALL MENBY THESEPRESENTS: That, Whereas, E X` 'IBl T O DAVID B. NYSTROM and DAVID JI. -STAINTON of the t' ' County-of Weld in the State of Colorado,by DEED OF TRUST dated the 1.4th -day of June , 19 79 and_duly recorded in the Office of the County Clerkand Recorder ofthe County of Weld in the State of Colorado,on the 18th day_of June ,19 7 9 ,in book 872 at page (Film No. • Reception No. 1711981 )of the records,in said office,conveyed to the Public NTrustee in said County of weld certain real estate in said Deed of Trust described, in trust to secure the_payment of the indebtedness mentioned therein. AND, WHEREAS, Said indebtedness has been paid and the purposes of said trust have been fully nullified; -CANCELLED NOTE EXHIBITED NOW, THEREFORE, At the request of the legal holder -of the indebtedness secured by said Wof Trust, and in consideration of -the premises, and in further consideration of the sum of Dollars, to me in hand paid, the receipt whereof is hereby acknowledged, I, as the Public Trustee in said County of We 1-d ,do hereby remise,-release and quit-claim unto the present owner or _owners of said -real _estate and unto the heirs, successors and assigns of _said owner or owners forever, all the right, title and interests which I have under and by virtue of _said Deed of, Trust and to the said real estate in said Deed of Trust particularly described, referende to which is-hereby made for greater certainty. TO HAVE -AND T9 1-IOLD the same, -together -with all and singular the privileges and appurtenances thereunto belonging forever. AND FURTHER, that the said Trust Deed is, by these presents, to be considered as fully and absolutely released, cancelled and forever discharged. WITNESS my hand and seal this /7' day of 8204-64--- , 1979 -- 7771-g- (SEAL) As the Publiclrustee in said County of Weld By -� - LL �4 fZ/X.7�� DEPL PUBLIC-TRUSTEE • The Public Trustee in said County of Weld Colorado: Please execute this release, the indebtedness secure by the above memtioned Deed of Trust having±een fully paid. / The legal holder o-the indebtedness ured by said Deed of Trust Harold P. Baumgartner 900245 STATE OF COLORADO, 1ss. Countyof Weld The foregoing instrument Waiaicknowledged before me this / 7` day of Cam'' ' , 191W ;by BETTS a. MATERO as the Deputy Public Trustee inlaid . County-0f Weld , Colorado. My commissionlexpires September 15, 1987 .f ?A D` Witness my hand and official eal. f34 A41 8��.' JtnN.. CtAetw,10 80631 Noun Public lit'v -0, rt`r f l~A No.AW RELEASE OF DEED OF TRUST BY'lilt PUBLIC TRUSTEE. ` —R`I97N Bradford Publishing Co.. 1846 Stow Street. Denser.Colorado(573.50I II-11.79 t 1/4' .i_4sr.,_ .4......A ft /C 900245 o-' A t B 1031 -REC 0197991-907/23/84 11.'' 0 $9. 00 1/003 kR197-4 19 Re F 139 /ARY ANN FEUERSTEIN CLERK 'b,,,-RECORDER WELD CO, CO RECORDER'S STAMP TB$.DEED, Made this /6.0 day of Jnly .1984, , b.tw$'n 'David B. Nystrom - of DM' County-of Boulder and state of "."-Colorado,of the first part,and C&M Ready Mix Concrete Co . of Boulder, a Colorado corporation whose legal-address is P.O. Box 315 , Boulder , CO 80306 Ali of the County of Boulder -and state of Colorado,of the second part, I WITNESSETH,That the said part of the first-part,for and in_consideration of the sum of TEN I, DOLLARS -and other good and valuable consideration DOLLARS, to the saidpart y of the firstpart in hand paid by the said party of the second part,the receipt whereof I i is hereby confessed-and acknowledged, has-remised, released, sold, conveyedsnd QUITCLAIMED, and by these I presents_does remise,release,sell,convey end QUIT CLAIM unto themaid party of the second part, it satin successors and assigns,foreverpjjthe-right,title,interest,claim and demand which thesaid part of the first part I ha s in and to the following-described lot or parcel of land situate,lying and being in the County I I of -Weld and State of Colorado.to wit: I' I II [Le-gal Description Attached as Exhibit A] Il (2 Pages) II I I ii Reservation of OIL, and GAS, and constituent parts : GRANTOR reserves to himself, his heirs , successors , and assigns an individual one-half interest to all oil , -gas , and all constituents thereof in, under and upon or that might be produced from the herein described lands , including but not limited to royalties , lease payments and the entire mineral estate in those minerals listed. 'i ii also known as street and number Vacant Zround li ii TO HAVE AND TO HOLD the-same,together with all-andsingular the appurtenances and privileges thereunto I i belonging or in-anywise thereunto appertaining,-and all the estate,right,title,interest and claim whatsoever,-of the said party of the first part,either in law or equity,to the only proper use,benefit and behoof of the s id party of I the second part, it SWIMS assigns forever. I IN WITNESS WHEREOF,The said part y of the first-part ha S ereunto set h -- d and seal the day and year first above written. — • adA� iG, SEAL) Signed,Sealed and Delivered in the-Presence of DA,1 s B. NYSTR M / (SEAL( I (SEAL] , II • (SEAL) o _5 900245 STATE OF COLORADO, BS. County of BOULDER // The foregoing instrument was acknowledged before me this I/o t— Aay of Duly 19$4.4? David B. Nystrom. ,iontyx—iittiaaion expires 1/�g[.O .190. -.Witness my hand and officialmeal.tir• tQ y y !1�C YO a t� J r Pue�ie. o • l:....Or off,,' ,x.1464/ C'o ee3� No.933.QUITCLAIM DEED. Bradford Publoduag.5825 W.6LI An..Lakewood.Co m214—2303)233.6900 =-41 ',r • 900245 0- B 10 -REC 01974918 07/23/84 1^159 59 . 00 1/003 ‘,..."4"1"174918 F 131/ MARY ANN FEUERSTEIN CLERK.... RECORDER WELD CO, CO I • PERSONAL REPRESENTATIVE'S DEED (TESTATE ESTATE) THIS DEED is made by Virgirria H. St-ainton as Personal • RepresentativeoftheEstate-of David H. Stainton (AiX>xi74ttaM ISit • person r*,deceased,Grantor,to C & M Ready Mix Concrete Co. of ,Grantee,whose address is P.O. Box 315 , Boulder, CO 803_06 Boulder • WHEREAS, theabove-named decedent in his lifetime madeand executed his Last Will and Testament dated June 13 19 73 ,which Will wasdulyadmitted ton normal)(informal) probate on FebsuatY 18 ,19 83 ,by the District Court in and for the County of Boulder ,and State ofColorado,Probate No. 83PR050 WHEREAS, Grantor was duly _appointed Personal Representative of said Estate on I February 18 ,19 83,and is now qualifiedand acting in said capacity. NOW,THEREFORE,pursuant tothe powers conferred upon Grantor by the Colorado Probate I Code, Grantor does hereby sell, convey, assign, transfer and -set over t{g1gX t a gaion I fnxmantyp7t(for and in consideration of Ten Dollars and other stood antolrarTr Ko6mx sostamticto steipasixrcaRldioCpoxyarotsxmtdnmcttsexaiwxaatpiincest ig the following described 'I real-property situate in the County of Weld ,State of Colorado: LEGAZ DESCRIPTION ATTACHED AS EXHIBIT "A" • (2 pages) I � Together with all water and water rights pertaining -thereto including I I sspeciff3icaddlly Baumgartner Well No. 1--62-91 and Baumgartner Well No. I Trost 2293handcallnrights of First Party to purchase water through and ch. aso lznown asstreetand number (Vacant Land) Withall appurtenances,free andelearof liens and encumbrances,except: 'That deed of trust dated 6-14-79 , recorded 6-18-7-9 , Book 8-72 , Re-c. 17939_89 , in the original sum of $011.111..i, those parcels and access sights conveyed to State Highway Department; -rights of way, easements , restrictions and reservations of record and in -existence; and all existing roads , highways , -ditches, utilities, • canals , pipelines , -power - or telephone lines; 1-984 taxes; all leases to be assumed by Second Parties; agreement with Central Colorado Water Conservancy District ` ' • • = 'Aslcsed herein;the singular includes the plural and the masculine gender the feminineand neuter-genders• t context may require. .Executed.iuiy 9 ,19 84• VI-RGINIA H. STAINTON - a • F • .., ` • I L 2.4.t ` 14 rea 1 1U/V . • as P: so al Representative of the Est-ate of Davin H. Rtainton plat osnoretalasesitr•Deceased 900245 o-s • STATE OF COLORADO U. COUNTY OF BOULDER Theforegoing instrument was acknowledged before me-this4th day of July ,19 434 ,by Virginia H. Stainton as Stgeresentativeoftheistateof David H. Stainton f;: .... iFj••,Deceased. • tnneS iithandsnd-official seal. • k� Ftr My Commission Expires bet. 1 9, 1989. +- �..ijyteo id$4on expires: �J61�s+ to:: GL� 'k' as• • .1V Notary Public 'fa-required E8 if decedent was married. if stricken, consult Color-ado Statutes regarding homestead . exemptions forpossiblerequirementofa Deed from survivingipouse. CPC-46.Personal Representative's Deed(Testate) Bradford Publishing.M5 W.(3ih Ave..Lakewood.CO 10214_1303):)3.6900 l,h) • 900245 c—b EXHIBIT Q The Town of Wattenberg and the City of Brighton are located within two ( 2 ) miles of the Platte Valley Farm Pit. No Wattenberg information is available in the 1988-89 Colorado Municipal League Directory. According to Weld County, Wattenberg is not incorpar-ated. City of -Brighton Tony Mortillano, Acting City Manager 22 South Fourth Avenue Brighton, CD 80601 ( 303 ) 659-4050 9cO2 Q 1 45 COPY OF NOTICE MAILED FIRST CLASS TO: BOARD OF COUNTY COMMISSIONERS WELD COUNTY COLORADO P. 0. BOX 758 GREELEY, COLORADO 80632 KIM LAWRENCE, ATTORNEY AT LAW 1011 11TH AVENUE GREELEY, CO 80631 • 90024: Hello