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Home My WebLink About940814.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT #1055 FOR A DEWATERED GRAVEL MINE IN THE A (AGRICULTURAL) ZONE DISTRICT - TWIN PEAKS EXCAVATING (SCHELL PIT) WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 31st day of August, 1994, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Twin Peaks Excavating (Schell Pit) , 11802 Niwot Road, Longmont, Colorado 80501, for a Site Specific Development Plan and Special Review Permit #1055 for a dewatered gravel mine in the A (Agricultural) Zone District on the following described real estate, to-wit: Part of the NE* of Section 17, Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado WHEREAS, said applicant was represented by Mike Applegate, Tuttle Applegate, Inc. , and WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards for review of said Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as follows: a. This proposal is consistent with the Weld County Comprehensive Plan's Mineral Resources, Transportation, and Urban Growth Boundary Goals and Policies. PL0970 940814 0 C : f G� //; a1/47/e a IC5 • ni'12re' t SPECIAL REVIEW PERMIT 111055 - TWIN PEAKS EXCAVATING (SCHELL PIT) PAGE 2 b. The Conditions of Approval and Development Standards will ensure that these goals and policies are met. The Comprehensive Plan encourages the extraction of mineral resources when the mining plan promotes reasonable and orderly development of mineral resources. The City of Longmont has reviewed this case and indicated a concern with the amount of time for which the Permit is proposed. Condition of Approval #3 addresses this concern. c. The proposal is consistent with the intent of the Agricultural Zone District and is provided for as a Use by Special Review. The applicants propose utilizing a nearby gravel site for the processing of material. d. The uses permitted will be compatible with the existing surrounding land uses and with the future development of the surrounding area as permitted by the Weld County Comprehensive Plan. Surrounding land uses include: pasture, a lake, rural residences, a gravel mine, and Boulder Creek. e. Portions of the subject site are in the Flood Hazard Overlay District area. Development Standards and Conditions of Approval address this issue. No other overlay districts affect this site. f. Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Twin Peaks Excavating (Schell Pit) for a Site Specific Development Plan and Special Review Permit #1055 for a dewatered gravel mine in the A (Agricultural) Zone District on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1. The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 940814 SPECIAL REVIEW PERMIT #1055 - TWIN PEAKS EXCAVATING (SCHELL PIT) PAGE 3 3. Prior to recording the plat: a. The applicant shall obtain a Department of the Army Corps of Engineers permit for the proposed project. b. An Air Pollution Emission Notice (A.P.E.N. ) and Emissions Permit application shall be submitted to the Air Pollution Control Division, Colorado Department of Health, for emissions of criteria, hazardous or odorous air pollutants. Sources of such emissions include, but are not limited to the following: sandblasting operations, mining, spray paint booths, dry cleaners, haul road traffic, composting, boilers and incinerators. c. A NPDES Permit shall be obtained from the Water Quality Control Division of the Colorado Department of Health for any proposed discharge into State waterways. d. A dust abatement plan shall be submitted to the Weld County Health Department for approval. The facility shall have sufficient equipment available to implement the dust control as required by the Health Department. e. A stormwater discharge permit shall be obtained from the Colorado Department of Health, Water Quality Control Division. f. A safe and adequate water supply shall be provided at the facility. g. The following notes shall be placed on the plat: NOTE: The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities related to mining and reclamation are, therefore, under the jurisdiction of the Mined Land Reclamation Board; however, Weld County has jurisdiction of those matters outlined in the Development Standards. NOTE: This Permit shall be valid as long as access exists across the City of Longmont property to the Distel Farm processing site. Prior to commencing operations at the site, the lease agreement shall be amended to an agreement that does not create separate interest in land, but does allow access across Longmont property for the hauling of sand and gravel materials from the Schell Pit to the Distel Pit. NOTE: The applicants shall complete the overlay on Weld County Road 20.5 before commencing mining on this site. 940814 SPECIAL REVIEW PERMIT #1055 - TWIN PEAKS EXCAVATING (SCHELL PIT) PAGE 4 NOTE: The permitholder of Amended USR #877 shall submit a plan to the Department of Planning Services indicating how the repairs of potholes along the haul route will be completed in a more timely manner. NOTE: The renegotiation of the road maintenance agreement under Amended USR #877 must be completed. h. The applicants shall submit a substitute water supply plan to the State Division of Water Resources for approval and shall submit the approval to the Department of Planning Services. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 31st day of August, A.D. , 1994. 1�J1� BOARD OF COUNTY COMMISSIONERS ATTEST: , y WELD COUNTY OLORADO Weld County Clerk to td 0j//' )b . H. ebster, C air n BY: Deputy Cler o the Bo Dal K. Hall, r m APP S TO FORM: /le�ri1 /liefat ._ Geor E. BaxtereXA/� / a2y/i�i 'i1' Coun y Attor ey Con tance L. Harbert �� Barbara J. Kirkm er 940814 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS TWIN PEAKS EXCAVATING (SCHELL PIT) USR #1055 1. The Site Specific Development Plan and Special Review Permit is for a dewatered gravel mine in the A (Agricultural) Zone District as submitted in the application materials on file and subject to the Development Standards stated herein. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. No stockpiling of material shall be permitted within the floodplain located on site. 4. The haul route shall be from the Schell property, through the City of Longmont property to the north, then to the Distel Farm property. The haul route shall be graveled. 5. Hours of operation shall be daylight hours between 7:00 a.m. and 6:00 p.m. , six days per week, Monday through Saturday. 6. The site shall meet the codes and standards of the Mountain View Fire Protection District. 7. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 8. No permanent disposal of wastes shall be permitted at this site. 9. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 10. Fugitive dust shall be controlled on this site. 11. The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A) as measured according to 25-12-102, Colorado Revised Statutes. 12. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility area in a manner that will prevent nuisance conditions. 13. This facility shall provide adequate sewage disposal facilities in accordance with the Weld County Individual Sewage Disposal Regulations. 940814 DEVELOPMENT STANDARDS - TWIN PEAKS EXCAVATING (SCHELL PIT) PAGE 2 14. No access to County roads by vehicles associated with the gravel mine shall be allowed. 15. Uses on the site shall conform to the requirements of the Flood Hazard Overlay District. 16. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 17. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 18. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6, 44.4, 44.5, and 44.6 of the Weld County Zoning Ordinance. 19. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 20. The Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 21. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 940814 HEARING CERTIFICATION DOCKET NO. 94-62 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A DEWATERED GRAVEL MINE IN THE A (AGRICULTURAL) ZONE DISTRICT - TWIN PEAKS EXCAVATING (SCHELL PIT) A public hearing was conducted on August 31, 1994, at 10:00 a.m. , with the following present: Commissioner W. H. Webster, Chairman Commissioner Dale K. Hall, Pro-Tem Commissioner George E. Baxter Commissioner Constance L. Harbert Commissioner Barbara J. Kirkmeyer Also present: Acting Clerk to the Board, Shelly Miller Assistant County Attorney, Lee Morrison Planning Department representative, Keith Schuett The following business was transacted: I hereby certify that pursuant to a notice dated August 10, 1994, and duly published August 18, 1994, in the Windsor Beacon, a public hearing was conducted to consider the request of Twin Peaks Excavating (Schell Pit) for a Site Specific Development Plan and Special Review Permit for a dewatered gravel mine in the A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this a matter of record. Keith Schuett, Planning Department representative, entered the favorable recommendation of the Planning Commission into the record as written and suggested Condition of Approval #3 be placed as a note on the plat by moving it to Condition of Approval #4b and renumbering Condition of Approval #4 to #3. Mike Applegate, Tuttle Applegate, Inc. , represented the applicant and stated Ken Schell, President of Twin Peaks and landowner, would like to turn the property into a homesite for his family and add a lake. He stated Mr. Schell has a mining agreement with C & M Companies who will haul the material across a temporary access on private haul roads to C & M's site. He noted no trucks would be traveling on Weld County Road 20.5. Mr. Applegate stated the mined area will be reclaimed as a private recreational lake and noted Mr. Schell has been working closely with the Mined Land Reclamation Division and the Army Corps of Engineers. In response to a question from Commissioner Hall, Mr. Applegate reiterated that all material would be hauled to C & M's plant at the Distel Farms site. He explained it would be hauled over the City of Longmont's land and stated an agreement is in place with the City. Mr. Applegate stated the material will then be trucked off site under C & M's Permit. He noted the production levels will not increase; therefore, the same number of trucks will be going out of C & M's plant as there are currently. Mr. Applegate reiterated the purpose of the mining is for Mr. Schell's lake, and he confirmed Mr. Schell owns the water rights and has obtained the necessary permit from the Division of Water Resources. William Engelhard, surrounding property owner, stated concerns about berms on the west side of Boulder Creek in case of flooding. Mr. Schuett stated Development Standard #15 requires the uses on the site conform to the requirements of the Flood Hazard Overlay District. Mr. Applegate stated no berms will be created in the floodplain and there will be no stockpiles or overburden in the 100-year floodplain. He noted the State has approved the plan as a beneficial afteruse. In response to questions from the Board, Mr. Applegate stated C & M will mine this site prior to mining its amended site, with intentions of completion in 1995. Discussion ensued concerning the completion of the overlaying on Weld County Road 20.5, and Mr. Applegate confirmed the mining would not start until after said road is overlayed. In response to questions from the Board, Mr. Applegate 940814 IL RE: HEARING CERTIFICATION - TWIN PEAKS EXCAVATING (SCHELL PIT) PAGE 2 stated there would be no objections to adding the same Conditions of Approval as discussed during the previous hearing for C & M Companies. He also confirmed all existing Conditions of Approval and Development Standards are acceptable. Commissioner Hall moved to approve the request of Twin Peaks Excavating (Schell Pit) for a Site Specific Development Plan and Special Review Permit for a dewatered gravel mine in the A (Agricultural) Zone District, based on the recommendations of the Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards as entered into the record, including moving Condition of Approval #3 to Condition of Approval #4b and renumbering Condition of Approval #4 to #3 and adding the same Conditions of Approval as included in Amended USR #877 issued to C & M Companies. The motion was seconded by Commissioner Baxter, and it carried unanimously. [Clerk's note: Condition of Approval #3g in the Board's resolution includes the abovementioned Condition of Approval #4b and the Conditions added consistent with Amended USR #877 and must be listed as notes on the plat. ] This Certification was approved on the 7th day of September, 1994. ,�� /I APPROVED: ATTEST: � �' ! k/4A BOARD OF COUNTY COMMISSIONERS WELD COUNTY,///LORADOJj )p Weld/County Clerk to the Board /f �j�JJC/fns A , By: /� 1�J g,tz W. H. Webster, air n ( Deputy Clerk o th ,a c\j,��L Dale K. Hall, Pro Tem TAPE #94-35 . .24-4 Ge/o e Baxter DOCKET #94-62 / /� __ Con ance L. Harbert • PL0970 arbara J. Kirkmey r 940814 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 31st DAY OF August 1994: DOCKET 094-63 -- Amended USR #877, C & M Companies, c/o Jim McFarland (Distel Farms) DOCKET 094-61 -- USR #1053, ICI Seeds DOCKET 094-62 -- USR 01055, Twin Peaks Excavating (Schell Pit) DOCKET 0 PLEASE write or print your name legibly, your address and the DOCKET 11 (as listed above) or the name of the applicant of the hearing you are attending. NAME C ADDRESS HEARING ATTENDING Rex --.10 1%r /7 G'7 14-,3 ,., I/ 5T- C /-1i/ {/Ila„n by ye/'/iarQ� /U477l(/f R 0r„' 99-6 9Y-6 a tin lic-i sc 11 qq 4P<1 114 611 1O Trt of e. qg -43/ q4-&Pz iGi 9.'2'40" /7G 3 a"??J.0 .S/t -" ci T/ /,% 2 ec /747 C(Jf--.e zo/7- ZO•cti1 ,I 951 t7 f z a,-irc 13; el xi 9 4 v F H.Ny t ) g, Lo,✓G-wv% <9 `4 6-s , M(Mt_ A pce Mt it' o te+tr,r-sr-suE4no DW011 `14-te 77 s �fil y er1n,� 1.19L't� &6 r it 71)77 Xkitlo 9963 940814 NOTICE The Board of County Commissioners of Weld County, Colorado, on August 31, 1994, conditionally approved a Site Specific Development Plan and Special Review Permit for the property and purpose described below. Conditional approval of this plan creates a vested property right pursuant to Article 68 of Title 24, C.R.S. , as amended, for a period of three years. APPLICANT: Twin Peaks Excavating (Schell Pit) 11802 Niwot Road Longmont, Colorado 80501 LEGAL DESCRIPTION: Part of the NE! of Section 17, Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: A dewatered gravel mine in the A (Agricultural) Zone District SIZE OF PARCEL: 28. 7 acres, more or less Failure to abide by the terms and conditions of approval will result in a forfeiture of the vested property right. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN CLERK TO THE BOARD BY: SHELLY K. MILLER DEPUTY CLERK TO THE BOARD PUBLISHED: September 8, 1994, in the Windsor Beacon 940814 AFFIDAVIT OF PUBLICATION STATE OF COLORADO ss COUNTY OF WELD a OTICF I, ROGER A. LIPKER, of said County of Weld, being duly sworn,say that I am publisher of • The Board of County Commissioners of Weld County, Colorado, on Asyoal WINDSOR BEACON 31, 1994, conditionally approved a Site Specific Development Plan and Special a weekly newspaper having a general circulation in said Rand purpose I�cribed roperly County and State, published in the town of WINDSOR, in Conditional approval of this said County and State; and that the notice, of which the plan creates a vested property right pursuant to Article 88 al annexed is a true copy, has been published in said weekly Tae 20,C.R.S.,as amended, for / successive weeks, that the notice was era period of three years. published in the regular and entire issue of every number of APPLICANT: Twin Pew the paper during the period and time of publication, and in Excavating(a, Pin,11802 the newspaper proper and not in a.supplement, and that Niwot Road, Lony118Colorado 80501 the first publication of said notice was in said paper bearing LEGAL DESCRIPTION: Part the date of the of the NE1/4 of Section 17, day of It A.D., 19 9 V and the ToWest 2the NOM.Range m last publication arin�e of the Ww of or P Wald Count'Colorado day of A.D., 19 and that TYPE AND INTENSITY OF the said WINDSOR BEACON has been published APPROVED USE: A dew, continuously and uninterruptedly for the period of 5 rered gravel mine In ct A consecutive weeks, in said County and State, prior to the tared Zone Irici • SIZE OF PARCEL:28.7 tam date of first publication of said notice, and the same ;s a more or less newspaper within the meaning of an Act to regulate printing Failure to abide by the termsof legal notices and advertisements, approved May 18, •arcaNdltiona of sprawl r i 1931, and all prior acts so far as in force. result in a forfeiture al I e vsal- ea properN right. BOARD OF COUNTY COM. �. MISSION ERS / I C. ISHER WELD COUNTY,COLORADO BY: DONALD D.WARDEN Subs ribed and sworn to before/ 404'4144' me this . day of /CLERK TO THE BOARD 19 19 BY: SHELLY K.MILLER 2il 4 -o DEPUTY CLERK TO THE NOTARY�PUBLICH BOARD Published In W I Windsor My commission expires 90-4-7 z/ /9/e Beacon co hjtnyer 8, 1 1994. 940814 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Site Specific Development Plan and Special Review Permit are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. DOCKET NO: 94-62 APPLICANT Twin Peaks Excavating (Schell Pit) 11802 Niwot Road Longmont, Colorado 80501 DATE: August 31, 1994 TIME: 10:00 a.m. REQUEST: A Site Specific Development Plan and Special Review Permit for a dewatered gravel mine in the A (Agricultural) Zone District LEGAL DESCRIPTION: Part of the NEe of Section 17, Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 0.25 mile north of Weld County Road 20.5 and approximately 1.25 miles west of Weld County Road 7 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: SHELLY K. MILLER DEPUTY CLERK TO THE BOARD DATED: August 10, 1994 PUBLISHED: August 18, 1994, in the Windsor Beacon %) 940814 I r e l r I 1 7, NOTICE Center, 915 10th Street, AFFIDAVIT OF PUBUCATION Pursuant to the zoning laws Third Floor, Greeley, of the State of Colorado and Colotaas. STATE OF COLORADO the Weld County Zoning I Ordinance,a public hearing DOCKET NO:90-62 33 will be held in the Chambers APPLICANT COUNTY OF WELD of the Board of County Commissioners of Weld Twin Peaks Excavating. County, Colorado, Weld (Schell Pet 11802 NMnt Road I, ROGER A. UPTER, of said County of Weld, being duly County Centennial Center, I 915 10th street Feet Feer, Longmont,Colorado 80601 sworn,say that I am publisher of Greeley, Colorado, at the time specified.An persons in DATE:August 31,1994 any manner interested in tie :taco a.m. WINDSOR BEACON Site Specific Development Plan and Special Review Permit are requested to REQUEST: A Site Simile a weekly newspaper having a general circulation in said attend and may be heard. I Development Plan and County and State, published in the town of WINDSOR, in Special Review Permit for• Should the applicant or any Swatted gravel mine in tie said County and State; and that the notice, of which the interested parry desire the A(Agricultural)Zone District annexed i� a true copy, has been published in said weekly presence of a roan reporterpro- Part DESCRIPTION: for / successive weeks, that the notice was to make a record of 8w pro- Pen d the NEI/4 of Section ceeelrlgs, in addition to the ch will be /7 Tpublished in the regular and entire issue of every number of taped recordriot the Baring 68 West of 2thep North,Rings the paper during the period and time of publication, and in Clerk to the Board shall be Wel County,Colorado the newspaper proper and not in a supplement, and that advised ionat in writing oy such LOCATION: Approximately the first publication of said notice was in said• hearing.arst.wT aye prio p paper bearing to the east er 0.25 mile north of Weld he date of the engaging a court reporter County Road 20.5 and shall be borne by the approximately 1.25 mile day of 0 A.D., 19674/ and the requesting party. west of Weld County Road 7 last publication bear;cat n a date of the BE IT ALSO KNOWN that OF COUNTY COMMIS- day of AD., 19_ and that the tam and maps so certified OF COERS the said WINDSOR BEACON has been published by the CCommmWlcnC ay be exam WELD COUNTY, COL- continuously and uninterruptedly for the period of 5 kled in me office of the Clerk ORADO consecutive weeks, in said County and State, prior to the to the Board of County Commissioners, located in BY: DONALD D.WARDEN date of first publication of said notice, and the same is a the Weld County Centennial WELD COUNTY CLERK TO newspaper within the meaning of an Act to regulate printing THE BOARD of legal notices and advertisements, approved May 18, BY: SHELLY K.MILLER 1931,and all prior acts so far as in force. DEPUTY CLERK TO THE 4t • BA DA7Ep:August 10,1981Pued In the Windsor Bees on August 18, caw /id Subs and slam before me this , day of GCu 71- /� T 19±1_J , NOTARY PUBLIC My commission expires 9-TA-E-7 2, //99 to , I e • 940814 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket #94-62, was placed in the United States mail, first class mail, postage prepaid, addressed to the following property owners. DATED this ir day of (-1aU ,r J . , 1994. TWIN PEAKS EXCAVATING (SCHELL PIT) h_ 11802 NIWOT ROAD LONGMONT, COLORADO 80501 TUTTLE APPLEGATE, INC. C/O MIKE APPLEGATE 11990 GRANT STREET, SUITE 410 DENVER, CO 80233 COTTONWOOD LAND AND FARMS, LTD P.O. BOX 229 BOULDER, CO 80306 MELBA DISTEL 1443 WELD COUNTY ROAD 20.5 LONGMONT, CO 80501 TEMPERATURE PROCESSING COMPANY, INC. 10477 WELD COUNTY ROAD 7 LONGMONT, CO 80501 COOLEY GRAVEL COMPANY P.O. BOX 5485 DENVER, CO 80217 JANINE COX 1767 WELD COUNTY ROAD 20.5 LONGMONT, CO 80501 CITY OF LONGMONT LONGMONT, CO 80501 Deputy Clerk<to the Board 940814 • f L‘ii bob DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-3845, EXT. 3540 11° I C WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO ��\ Date: June 30, 1994 '� CASE NUMBER: USR-1055 TO WHOM IT MAY CONCERN: Enclosed is an application from Twin Peaks Excavating - Schell Pit for a Site Specific Development Plan and a Special Review permit for a dewatered gravel mine in the A (Agricultural) zone district. The parcel of land is described as part of the NE4 of Section 17, T2N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1/4 mile north of Weld County Road 20-1/2 and approximately 1-1/4 miles west of Weld County Road 7. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by July 14, 1994, so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3.XXX We have reviewed the request and find no conflicts with our interests. (11°- „,.3/4:,,t,24.1., o2 /8 80_,, AN-AY a w -t N4/41. 4. A formal recommendation is under consideration and will be submitted to you prior to: S.� Please��to the enclosed letter. r Signed: Agency: Coaof4QO (14,t CAS CONS. ComeA , Date: AUG 0 11994 AUG 0 1994 Wn"t errs:"Piannif 40814 ,61,c1cf, mEmoRAnDum wipeTo Date Clerk to the Board August 16, 1994 COLORADO From Greg Thompson, Current Planner 6/ USR-1055 Subject: Please include the enclosed referral response, which was received after the Planning Commission meeting, in the official case file. r r+'.t r_, o u C 940814 MINUTES • August 2, 1994 Page 5 Richard Kimmel moved Case Number AM USR-877 for a Site Specific Development Plan and an Amended Use by Special Review Permit for a dewatered sand and gravel mine and materials processing facility in the A (Agricultural) zone district be forwarded to the Board of County Commissioners with the Planning Commissions' recommendation for approval. Motion seconded by Shirley Camenisch. The Chairperson asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Shirley Camenisch - yes, Juliette Kroekel - no; Marie Koolstra - no; Ron Sommer - no; Judy Yamaguchi -yes. Motion tied. Juliette Kroekel stated: "I am concerned right now C & M has not shown compliance with the conditions that are already there that have been in place, and hearing that there is 15 or 40 loads a day of other trucks, a ton load going the wrong way is to much, as far as I am concerned. They are not suppose to go that way anyway. You have to have control over the trucks. Once that is shown I could go along with it. Also, I'd rather hear with the trees and wetlands lets think about down the road, I'd rather hear how we can stop those trees and wetlands from being damaged now. Not they will come back in 8 or 10 months. Trees take awhile to grow around here." Marie Koolstra stated: "The roads need to be addressed in this area." Ron Sommer stated: "Two reasons; the roads, and I believe when we start with a certain gravel pits to extend on years, there is nothing ever to stop it from going to reserves to the next piece of property and just keep the road in perpetual disrepair and whether it is the County's fault or C & M they have not maintained the roads." Judy Yamaguchi: "With the full understanding that the traffic will only go one way and the mature trees on-site will not be disturbed to the greatest extent possible and we do make sure that is followed." CASE NUMBER: USR-1D55 APPLICANT: Twin Peaks Excavating - Schell Pit ADDRESS: 11802 Niwot Road, Longmont, CO 80501 REQUEST: A Site Specific Development Plan and a Use by Special Review permit for a dewatered gravel mine in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the NE4 of Section 17, T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION Approximately .25 mile north of Weld County Road 20.5 and approximately 1.25 miles west of Weld County Road 7. Mike Applegate, representative, stated Mr. Schell has a residence on this land and would like to have a lake on the property. The mining and reclamation would take about a year. Lee Morrison stated that Condition of Approval 03 should be reworded not to create a second entity. The Chairperson asked if there was anyone in the audience would like to speak for or against. t A, 1. / " �'� 940814 MINUTES August 2, 1994 Page 6 Jesse Thomas, surrounding property owner, stated he would like in writing that they will not effect his lake or well and control the dust. The Chairperson asked if the applicant had any concerns with the staff's recommendations and the proposed change of verbiage for Condition of Approval #3. Mike Applegate said they had no problems with that. Kenneth Schell, applicant, stated to Mr. Thomas that they will keep his pond in good condition. Greg Thompson also stated Mr. Thomas' concerns were addressed in writing in the Development Standards. Ron Sommer moved to amend Condition of Approval #3 to state: "This permit shall be valid as long as access exists across the City of Longmont property to the Distel Farm processing site. Prior to commencing operations at the site, the lease agreement shall be amended to an agreement that does not create separate interest in land, but does allow access across Longmont property for the hauling of sand and gravel materials from the Schell Pit to the Distel Pit." Motion Seconded by Richard Kimmel. The Chairperson asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Shirley Camenisch - yes, Juliette Kroekel - yes; Marie Koolstra - yes; Ron Sommer - yes; Judy Yamaguchi - yes. Motion carried unanimously. Richard Kimmel moved that USR-1055 for a Site Specific Development Plan and a Use by Special Review Permit for a dewatered gravel mine in the A (Agricultural) zone district be forwarded to the Board of County Commissioners with the Planning ' Commissions' recommendation for approval. Motion seconded by Juliette Kroekel. The Chairperson asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Shirley Camenisch - yes, Juliette Kroekel - yes; Marie Koolstra - yes; Ron Sommer - yes; Judy Yamaguchi - yes. Motion carried unanimously. NAME: River Valley Village Mobile Home Park c/o Brian J. Bell, Colorado Real Estate and Investment Company ADDRESS: 26900 East Colfax Avenue Aurora, CO 80018-2304 REQUEST: Site application for an existing domestic waste water treatment works lift station. LEGAL DESCRIPTION: Part of the E2 NE4 of Section 10, T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1/4 mile south and west of the intersection of State Highway 119 and I-25. Brian Bell, applicant, stated that the lift station was built in January of 1991, but never finished the appropriate process. This is a sewage lift station from River Valley Village to St. Vrain Sanitation. Ron Sommer moved that the site application for an existing domestic waste water treatment works lift station for River Valley Village Mobile Home Park, be forwarded to the Board of County Commissioners with the Planning Commissions' recommendation for approval. Motion seconded by Juliette Kroekel. 940814 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION . ___ C-" RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Cl 7: 59 Moved by Richard Kimmel that the following resolution and amendment to Condition of Approval #3 be introduced for passage by the Weld County Planning_Cor&4id44on. Be it resolved by the Weld County Planning Commission that the appllQaali&E>?dr: CASE NUMBER: USR-1055 APPLICANT: Twin Peaks Excavating - Schell Pit ADDRESS: 11802 Niwot Road, Longmont, CO 80501 REQUEST: A Site Specific Development Plan and a Use by Special Review permit for a dewatered gravel mine in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the NE4 of Section 17, T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION Approximately .25 mile north of Weld County Road 20.5 and approximately 1.25 miles west of Weld County Road 7. 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 Resources, Transportation, and Urban Growth Boundary Goals and Policies. - The Conditions of Approval and Development Standards will ensure that these goals and policies are met. The Comprehensive Plan encourages the extraction of mineral resources when the mining plan promotes reasonable and orderly development of mineral resources. The City of Longmont has reviewed this case and indicated a concern with the amount of time the permit is proposed for. Condition of Approval #3 addresses this concern. - The proposal is consistent with the intent of the Agricultural zone district and is provided for as a Use by Special Review. The applicants propose utilizing a nearby gravel site for the processing of material. - The uses permitted will be compatible with the existing surrounding land uses and with the future development of the surrounding area as permitted by the Weld County Comprehensive Plan. Surrounding land uses include: pasture, a lake, rural residences, a gravel mine, and Boulder Creek. 11O4153I P� # zG ) l ,:, ; / 1-- 1 94081 RESOLUTION, USR-1055 Twin Peaks Excavating - Schell Pit Page 2 - Portions of the subject site are in the Flood Hazard Overlay District area. Development Standards and Conditions of Approval address this issue. No other overlay districts affect this site. - Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Planning Commission's recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. This permit shall be valid as long as access exists across the City of Longmont property to the Distel Farm processing site. Prior to commencing operations at the site, the lease agreement shall be amended to an agreement that does not create separate interest in land, but does allow access across Longmont property for the hauling of sand and gravel materials from the Schell Pit to the Distel Pit. 4. Prior to recording the plat: A. The applicant shall obtain a Department of the Army Corps of Engineers permit for the proposed project. 940814 RESOLUTION, USR-1055 Twin Peaks Excavating - Schell Pit Page 3 B. An Air Pollution Emission Notice (A.P.E.N. ) and Emissions Permit application shall be submitted to the Air Pollution Control Division, Colorado Department of Health for emissions of criteria, hazardous or odorous air pollutants. Sources of such emissions include, but are not limited to the following: sandblasting operations, mining, spray paint booths, dry cleaners, haul road traffic, composting, boilers and incinerators. C. A NPDES Permit shall be obtained from the Water Quality Control Division of the Colorado Department of Health for any proposed discharge into State Waterways. D. A dust abatement plan shall be submitted to the Weld County Health Department for approval. The facility shall have sufficient equipment available to implement the dust control as required by the health department. E. A stormwater discharge permit shall be obtained from the Colorado Department of Health, Water Quality Control Division. F. A safe and adequate water supply shall be provided at the facility. G. The following note shall be placed on the plat: NOTE: The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities related to mining and reclamation are, therefore, under the jurisdiction of the Mined Land Reclamation Board; however, Weld County has jurisdiction of those matters outlined in the Development Standards. H. The applicants shall submit a substitute water supply plan to the State Division of Water Resources for their approval, and shall submit the approval to the Department of Planning Services. Motion seconded by Juliette Kroekel. VOTE: For Passage Against Passage Richard Kimmel Shirley Camenisch Juliette Kroekel Marie Koolstra Ron Sommer Judy Yamaguchi 940814 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Twin Peaks Excavating - Schell Pit USR-1055 1. The Site Specific Development Plan and Special Review permit is for a dewatered gravel mine in the A (Agricultural) zone district as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. No stockpiling of material shall be permitted within the floodplain located on-site. 4. The haul route shall be from the Schell property, through the City of Longmont property to the north, then to the Distel Farm property. The haul route shall be graveled. 5. Hours of operation shall be daylight hours between 7:00 a.m. and 6:00 p.m. , six days per week, Monday - Saturday. 6. The site shall meet the codes and standards of the Mountain View Fire Protection District. 7. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 8. No permanent disposal of wastes shall be permitted at this site. 9. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 10. Fugitive dust shall be controlled on this site. 11. The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A) as measured according to 25-12-102, Colorado Revised Statutes. 12. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility area in a manner that will prevent nuisance conditions. 13. This facility shall provide adequate sewage disposal facilities in accordance with the Weld County Individual Sewage Disposal Regulations. 940814 . DEVELOPMENT STANDARDS, USR-1055 Twin Peaks Excavating - Schell Pit Page 2 14. No access to county roads by vehicles associated with the gravel mine shall be allowed. 15. Uses on the site shall conform to the requirements of the Flood Hazard Overlay District. 16. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 17. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 18. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6, 44.4, 44.5, and 44.6 of the Weld County Zoning Ordinance. 19. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 20. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 21. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 940814 RESOLUTION, USR-1055 Twin Peaks Excavating - Schell Pit Page 4 The Chairperson declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Becky Dittman, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on August 2, 1994. Dated the 2nd of August, 1994. c y D' ma)))n Secretar diffini 940814_ INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: Twin Peaks Excavating - Schell Pit Case Number: USR-1055 Submitted or Prepared Prior to Hearing At Hearing 1. Application 100 pages X 2. 4 Application plat 4 pages X 3. DPS referral summary sheet and letter X 4. DPS letter to applicant X 5. DPS Recommendation X 6. DPS Surrounding Property Owner/Mineral Owner Mailing list, letter and certificate. X 7. 3 DPS Maps Prepared by Planning Technician X 8. DPS Notice of Hearing X 9. DPS Case File Summary Sheet X 10. DPS Field Check X 11. Notice of 112 Regular Reclamation Permit application dated May 25, 1994 X 12. Tri-Area Planning Commission referral response dated July 5, 1994 X 13. Planning Commission Member field check dated July 5, 1994 X 14. Army Corps of Engineers referral response dated July 8, 1994 X 15. Weld County Public Works Department referral response dated July 7, 1994 X 16. Photograph of sign posted on the site dated July 13, 1994 X 17. Photograph of sign posted adjacent to road dated July 13, 1994 X 18. Copy of Exhibits #16 and #17 X 19. Mountain View Fire Protection District referral response dated July 12, 1994 X 20. Longmont Soil Conservation District referral response received July 13, 1994 X 21. Weld County Health Department referral response dated July 13, 1994 X 22. City of Longmont referral response dated July 18, 1994 X 23. Memo from Lee Morrison, Assistant County Attorney dated July 27, 1994 X EYl�..L*A 940814 INVENTORY OF ITEMS, USR-1055 Twin Peaks Excavating - Schell Pit Page 2 24. Central Colorado Water Conservation District referral response dated July 25, 1994 X 25. State Division of Water Resources referral response dated July 29, 1994 X 26. Planning Commission Resolution dated August 2, 1994 X 27. Affidavit of publication dated July 11, 1994 X I hereby certify that the 27 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 ugust 5, 1994. Greg Tho peon, C rrent Planner STATE OF COLORADO ) COUNTY OF WELD ) !')1 � ,,9U �'Y tBER AND SWORN TO BEFORE ME THIS day of 1994' /- :n :gEVQ ts ft y if 6 \- .' o NOTARY 4.. G t Q Q ,,} vi/11#/1/1/1111111.11 rme6's,tbn Expires .e l 1 , l C s- "#'I,,,, 1111j111 940814 EMUS'.T ✓INVENIURY GUNIROL SHEET Case USP#/G.��i- . �/-u�. 1-,a1,.vExettirutuux 1 F'd5 c7 Exhibit Submitted By Exhibit Description 'Rig A. l flem�. nom` IALC �hrirt I�� r�lrrui#x _ 8/9) B. P�!li.lutiu (11ml IAA•oN /[E46+ .eto; 1i4 ammerda .art S'AsC. ��6AJ111ta� ( D 'YV�&Jae� aE1LlI-fury;ru)_ fYf. Aita-4-- trJ - u 3/// Qq, v C o D. NIA k JD ,e t -A et._ �/ 1 °t-t,_ % oo QAA-"' y Nr, E. (O(/), � C 1 � ,�/1we , /elf tdi: F. C. H. I. J. K. L. M. N. 0. P. Q• R. S. T. U. V. W. X. Y. Z' 9408' ND DPPII6i AFFIDAVIT OF PUBLICATION NlAM The Weld County Planning STATE OF COLORADO OsnmWbn will hold a pub- lic hearing on Tuesday, SS Augua 2,1994 at 1:30 Pun. COUNTY OF WELD for the purpose of anat. ing a Site Specific Development Plan ands I, ROGER A. LIPKER, of said County of Weld, being duly Special Review perm'for the Property described below. sworn, say that I am publisher of • Approval d the request may creels a wad propsrly right pursued to Colorado Law. WINDSOR BEACON APPLICANT: Twin Peaks ExcavaM1p-Schell Pk' a weekly newspaper having a general circulation in said LEGAL DESCRIPTION:Part County and State, published in the town of WINDSOR, in of the NE4 of Section 17. said County and State; and that the notice, of which the T2N, RBaw of the sib P.M.,Weld County,Colorado. annexed is a true copy, has been published in said weekly I for / successive weeks, that the notice was TYPE AND INTENSITY.0F published in the regular and entire issue of every number of PROPOSED USE:A die- 9 'tared gravel mine In 10p the paper during the period and time of publication, and in (Agricultural)zone district, the newspaper proper and not in a supplement, and that LOCATION:Approximately the first publication of said notice was in said paper bearing 1/4 mile north of Weld the date of th County Road 20-10 anc approximately 1-1/4 miles 71A day of A.D., 19 941 and the west of weld County Read 7. last publication beari g the date of the SIZE: 28.7 acres,mae o. _day of A.D., 19_ and that leas' the said WINDSOR BEACON has been published The public hearing vs be continuously and uninterruptec!y for the period of 5 held in the Weld Cavity consecutive weeks, in said County :Ind State, prior to the Commissioners' Nsamg Room, First Floor. Weld date of first publication of said notice, and the same is a Coutie ib tt. Cerra newspaper within the meaning of an Act to regulate printing CN nre. Cram, Oa+ Cando. Come. or of legal notices and advertisements, approved May 18, l,otllerlbns related te the 1931,and all prior acts so far as in force. above request should be submitted in raking l the //�'wag inguSe Des. 140 N. /� 11�. 17thh Panning Services. re N. h Co Avenue, Greeley, Cobs® 80631.balaeM ISHER oboes date or prowled at ,,.�// 1a prole hearing ow AI S I f day of 1 Z 1094. Subg�pn]bed and sworn to before me this Copies of the applicable ere 2K"• F�/ 19 -.‘yavailable for public flee / Pluming m the Dces,lent d Xi �J 17thServices, reeleas N. tilvrd 17th Avenue, many' NOTARY PUBLIC Cola® 80631 - Phone - 3634103,Extension 9140.Judy Yamaguchi, My commission expires/G ,r 2) / 994, _ .Cfabparsen Weld• County Planning Commission PubiMled In the Windsor Yvan on July 7,1994. • s EXHIBIT I $z7 V52- /055 raT15-‘ 0 031994 ` 940814 STATE OF COLORADO OFFICE OF THE STATE ENGINEER De art of Water Reso Rees so ®' Department of Natural Resources »e' 1313 Sherman Street, Room 818 *An,* * y/Th. Denver,Colorado 80203 •Urn• Phone(303)866-3581 FAX(303)866-3589 Roy Romer July 27, 1994 Governor lames S.Lochhead Executive Director Mr. Greg Thompson, Planner Hal D.Simpson Weld County Dept. of Planning Services State Engineer 1400 N. 17TH Ave. Greeley, CO 80631 Re: Schell Pit, Twin Peaks Excavating, USR-1055 M-94-059 NE1/4 Sec. 17, T2N, R68W, 6TH PM W. Division 1, W. District 5 Dear Mr. Thompson: We have reviewed the above referenced application to extract gravel from 11.85 acres on a 28.6 acre site. An estimated 200,000 tons of raw material will be excavated per year. Annual water use during mining operations for dust control, processing and product content, is estimated at 10.07 acre feet. The applicants propose a lined pond as the reclamation option. The application mentions water from a nearby spring as a fresh water supply for the pond, when water is available under the priority system. The applicant has applied for a well permit, receipt No. 371287, and have submitted a proposed substitute supply plan to replace stream depletions. We have no objection to preliminary approval, however we recommend that final approval be withheld until the substitute supply plan is approved by the State Engineer. If you have any questions in this matter, please contact me. Sincerely, Jett; iEXHIBIT John Schurer, P.E. #2-5 Senior Water Resource Engineer V5�-1055 JS/schell D �= cc: Alan Berryman, Division Engineer Water Supply Branch JUL 2919-1,4 • Pits File Weld County Planning 940814 'JUL 1. 1994 (it DEPARTMENT OF PLANNING SERVICES lige PHONE (303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO Date: June 30, 1994 CASE NUMBER: USR-1055 TO WHOM IT MAY CONCERN: Enclosed is an application from Twin Peaks Excavating - Schell Pit for a Site Specific Development Plan and a Special Review permit for a dewatered gravel mine in the A (Agricultural) zone district. The parcel of land is described as part of the NE4 of Section 17, T2N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1/4 mile north of Weld County Road 20-1/2 and approximately 1-1/4 miles west of Weld County Road 7. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by July 14, 1994, so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3 . We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will submitted toyou prior to: EXHIBIT 5._ / /J�/ ps P1 e ef(`i to the enclosed letter. Signed: f l'/ \ Agency: Ccv4-)C-/ vS� /05)-- Date: 7 -5/94_ C IVE • JUL 2 7 1994 L Weld Cagily Planning 940814 ec'' mEmoRAnDum wineTo Greg Thompson Dme July 27, 1994 COLORADO From Lee D. Morrison, Assistant County Attorney Lease Agreement Between City of Longmont and subject Sand F Gravel The Lease Agreement of May 10, 1994 appears to create a separate interest in land less than 35 acres in size. The interest is for a term of two years and is not written as an easement or a permit which would not create a separate interest in land. My determination relies on paragraphs 1 and 3 . A permit, license, or easement which would provide for revocation at will, upon notice, by the City has been used in similar circumstances to avoid creating a separate interest in land. I would also suggest you review the landfill and gravel operation permits to determine if this proposal constitutes a change to the existing permit. �- C,1 ee D. Morrison Assistant Weld County Attorney LDM/gb:gregt .i • EXHIBIT ili 413 4s1-/05-5- 94O814 07/18/94 14:18 $303 651 8590 CITY OF LGMT J 002 1.16:�YS2n/ DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING DIVISION Civic Center Complex / Longmont, CO 80501 \�QL0R ADO (303) 6514330 / FAX # (303) 6514696 July 18, 1994 Mr. Greg Thompson, Current Planner Weld County Depam rent of Planning Services 1400 N. 17th Avenue Greeley, CO 80631 RE: CASE NUMBERS: USR-1055 and AM USR-877 Dear Greg: Thank you very much for sending the Schell Pit and Distel Farm Resource applications for use by special review to the City of Longmont for our review and comment. The sites are located south of the City of Longmont's landfill and west of Boulder Creek. Distel Farm Resource is C & M Companies' amendment to an existing special use permit. The Schell Pit is Twin Peak Excavating's application for a use by special review. Since these applications are interrelated, I am commenting on both in one letter. The applicants propose to use a portion of the City's landfill for access so that sand and gravel mined from the Schell Pit can be transported to the existing processing plant on Distel Farm Resource. I have enclosed for your information the lease, the adopting ordinance, and the pertinent sections of City Council's minutes. The application for the Schell Pit says that mining may take from 2 to 5 years. However, the term of the lease for access across the Ciry's property is two years with an option to negotiate a renewal for an additional two years. If you have any questions about this referral response, please call either Froda Greenberg or me at 651-8330. Thank you again for the opportunity to comment on this application. Sincerely, B/, S Brad Scho A1 Planning Director xc: Phil Del Vecchio, Community Development Director (w/o attachments) id EXHIBIT Tim Lucas, Sanitation Superintendent (w/o attachments) -. Z Z File: #2050-17b, #2050-8d1 Olt-laSS JUL 18 ' 94 14: 15 303 651 8590 PAGE . 002 940814 07/18/94 14:19 '(j'3O3 651 8590 CITY OP LGM1'C .Z003 C & M READY MIX CONCRETE COMPANY OF BOULDER LEASE OF A PORTION OF THE CITY OF LONGMONT LANDFILL THIS LEASE is entered into this M Ay , 1994, by and between the City of Longmont,Colorado,a municipal corporation,408 Third Avenue,Longmont, Colorado 80501, hereinafter called the "City," and C & M Ready Mix Concrete Company of Boulder, a Colorado corporation, 7916 Niwot Road. P.O. Box 490, Niwot, Colorado 80544, hereinafter called the "Lessee." THE PARTIES' RECITALS are as follows: The City is owner of lands in the County of Weld, State of Colorado, described and depicted as Parcel A and Parcel D on Attachment A; and The Lessee is the owner of land in the County of Weld, State of Colorado, described and depicted as Parcel B on Attachment A; and The Lessee has a mining lease agreement with the landowner south of Parcel D, in the County of Weld, State of Colorado, described and depicted as Parcel C on Attachment A; and The Lessee desires to lease Parcel D from the City for transporting of sand and gravel it will mine from Parcel C to Parcel B for processing and sale. IN CONSIDERATION of the recitals,mutual promises,payments, covenants, warranties, and agreements herein,and for other good and valuable consideration, the receipt and sufficiency of which the parties acknowledge, the parties covenant and agree as follows: 1 Land Parcel The City leases unto the Lessee, upon the terms and conditions herein, the real property described and depicted as Parcel D on Attachment A, consisting of seven (7) acres, more or less, hereinafter called the "Premises." 2 Authorized Use 2.1 The Lessee may use and occupy the Premises for the following purposes: 2.1.1 Ingress and egress by the Lessee for hauling by truck or carrying by conveyor the sand and gravel it mines from Parcel C to Parcel B; and —2.1.2 Construction and maintenance of a road surface for ingress and egress by the Lessee for hauling by truck the sand and gravel it mines from Parcel C to Parcel B; JUL 18 ' 84 14; 16 303 6518580 PAGE . 003 003 940814 07/18/94 14:20 $303 651 8590 CITY OF LGMT 004 2.1.3 Construction, use and maintenance of a conveyor system for transporting . the sand and gravel it mines from Parcel C to Parcel B. 2.2 Before constructing any improvements on the Premises, the Lessee shall submit a plot plan, as defined in Section 18.08.270, Longmont Municipal Code, for review and final approval by the City, and satisfy all applicable terms and conditions of this -est. 2.3 The Lessee shall have no right to utilize the Premises other than as stated in this Article 2. 3 Term and Option 3.1 The City leases the Premises unto the Lessee for two (2) years, commencing on the date in the preamble. The Lessee has an option to negotiate with the City for the renewal of the Lease for an additional two (2) years. The Lessee shall notify the City not less than sixty (60) days before the expiration of the Lease if the Lessee desires to exercise this option. If the parties do not agree upon terms and conditions for renewal thirty (30) days before the expiration of the Lease, the option to negotiate shall expire without further notice, and the Lessee shall remove all of its improvements from the Premises before expiration of the Lease. 4 Rate and Manner of Payment 4.1 For lease of the Premises the Lessee shall pay annually, in advance, to the City a sum of$1,000.00. 5 Construction and Improvement 5.1 Before beginning construction of any improvements on the Premises, the Lessee shall: 5.1.1 Submit plans for all improvements for review according to paragraph 2.2 of this Lease; and 5.1.2 Comply with all applicable rules and regulations of Weld County and any other governmental entity having jurisdiction over the Premises or the Lessee's operations; and 5.1.3 Construct all improvements in a good and workmanlike manner according to the applicable codes, rules and regulations of Weld County, the City and any other governmental entity having jurisdiction over the Premises or the Lessee's operations; and 5.1.4 Furnish the City with an acceptable financial guarantee before commencing construction in an amount equal to 25 percent of the total cost of construction of the 2 • JUL 18 ' 94 14: 17 303 651 8590 PAGE . 004 940814 07/18;94 14:21 12303 651 8590 (:i';1 01 L0i1 110,.0 improvements. If the Lessee fails to remove its improvements and restore the Premises to the condition existing immediately before the term of this Lease, the City may apply this financial guarantee toward the City's costs of doing so. 6 Maintenance Obligations 6.1 The Lessee, at its expense, shall maintain all improvements it constructs on the Premises in a safe, sanitary, orderly, and sightly condition, and in good repair. 6.2 The Lessee shall be responsible for the cost of mitigating and cleaning up of any environmental contamination of the Premises, or improvements thereon, caused by the Lessee, its employees, invitees, subcontractors or agents. 7 Signs 7.1 The Lessee shall not erect or maintain any signs on the Premises without the prior written consent of the City and Weld County. 8 Reservation of Right of Access and Use 8.1 The City reserves and retains for its officers, employees and representatives the right to enter and inspect or protect the Premises during reasonable business hours, and at any • time there is an emergency. 8.2 The City reserves and retains the right to use, repair, install, replace and maintain public utilities and rights-of-way on, over or under the Premises. 9 Indemnification 9.1 The Lessee assumes the risk of loss or damage to any improvements on the Premises, whether from windstorm, fire, earthquake, snow,water run-off, soil conditions, or any other causes whatsoever. 9.2 The Lessee warrants, covenants and agrees that it shall indemnify and save harmless the City, during and after the term of this Lease, from all demands,claims, costs,causes of action or judgments, and from all expenses and attorneys' fees that the City may incur in investigating or resisting the same, arising from or out of any negligence or nonperformance of a term, condition, warranty, covenant, or work by the Lessee, or the Lessee's contractors, subcontractors, agents, members, stockholders, employees, invitees, successors or assigns. 3 • JUL 18 ' 94 14: 18 303 651 8590 PAGE . 005 940814 07/18/94 14:21 'L'303 651 0590 C'TY OF LCMT �l]000 10 Hazardous Materials 10.1 For this Lease, the term "Hazardous Material" means any hazardous or toxic substance, material or waste which is or becomes regulated by any federal, state, political subdivision or local government entity or agency. The term "Hazardous Material" includes, without limitation, any material or substance that is (i)defined as a "hazardous substance" under Colorado law, (ii) petroleum, (iii) asbestos, (iv) designated as a "hazardous substance" pursuant to Section 311 of the Federal Water Pollution Control Act (33 U.S.C. § 1321), (v) de as a "hazardous waste" pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act (42 U.S.C. § 6903), (vi) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. § 9601), or(vii) defined as a "regulated substance" pursuant to S.CubSubchapter IX, Solid Waste Disposal Act (Regulation of Underground Storage Tanks) (42 § 6991). 10.2 The Lessee shall not cause or permit the use, storage,placement or release of any Hazardous Material on or about the Premises by the Lessee, its agents, employees, contractors, subcontractors or invitees, without the prior written consent of the City. If the Lessee breaches an obligation of the preceding sentence, then the Lessee shall indemnify, defend and hold the City harmless from all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of the Premises, damages for the loss or restriction on use of the Premises or of any amenity of the Premises, sums paid in settlement of claims, attorneys' fees, consultants' fees and experts' fees) which arise during or after the lease term as a result of such contamination. This indemnification of the City by the Lessee includes, without limitation, all costs the City incurs with any investigation of site conditions or any cleanup, remedial, removal, or restoration work any federal, state, political subdivision, or local government entity or agency requires because of Hazardous Material present in the soil or groundwater on or under the Premises. Without limiting the above, if the Lessee permits the presence of any Hazardous Material that results in any contamination of the Premises,the Lessee shall promptly take all actions, at its sole expense, necessary to return the Premises to the condition existing before the introduction of any such Hazardous Material; however, the Lessee shall request and obtain approval from the City before implementing any remedial actions on the Premises. 11 Insurance Provisioryl 11.1 Before performance under this Lease, the Lessee must present all applicable insurance policies, certificates of insurance, and endorsements, along with a signed copy of this Lease,to the City of Longmont's Risk Manager,and receive the Risk Manager's written approval as to adequacy of insurance coverage. The address of the City of Longmont's Risk Manager is 350 Kimbark Street, Longmont, Colorado 80501. 11.2 The Lessee shall purchase and maintain for the full period of this Lease, including any additional option period, at the Lessee's sole expense, insurance policies providing coverage as follows: — 4 JUL 18 ' 94 14: 19 303 651 8590 PRGE . 006 940814 07/18/94 14:22 '1]'303 651 8590 CI1I OF LGJI'T J907 11.2.1 Commercial general liability occurrence form coverage for personal injury, bodily injury and property damage--which shall include explosion and collapse, underground hazard, products/completed operations, contractual liability, broad form property damage, and owners/contractor's protective coverage--with minimum coverage of not less than the maximum amount that may be recovered against the City under the Colorado Governmental Immunity Act for (a) any injury to one person in any single occurrence (currently $150,000.00), and (b) any injury to two or more persons in any single occurrence (currently $600,000.00); 11.2.2 Automobile liability insurance coverage, comprehensive form, with minimum coverage for owned,hired and non-owned automobiles of not less than the maximum amount that may be recovered against the City under the Colorado Governmental Immunity Act for (a) any injury to one person in any single occurrence (currently $150.000.00), and (b) any injury to two or more persons in any single occurrence (currently $600,000.00); 11.2.3 Workers' compensation insurance as required by Colorado statute; 11.2.4 Employer's liability insurance with minimum coverage of$1,000,000.00 per occurrence; and 11.2.5 Builder's risk liability insurance with minimum aggregate coverage in the amount of the value of all improvements the Lessee anticipates constructing on the Premises. 11.3 The insurance policies shall contain an endorsement naming the City of Longmont, Colorado, a municipal corporation, its council members, officers, agents, employees and volunteers, as additional insured parties with respect to all activities the Lessee may perform under this Lease, and shall include a notice provision requiring 30 days written notice to the City before cancellation. 11.4 Only insurance companies with authority to issue policies in Colorado shall provide insurance coverage under this Lease. 11.5 For the term of this Lease, the Lessee shall not cancel, materially change, or fail to renew the insurance coverage, and agrees to notify the City of Longmont's Risk Manager of any material reduction or exhaustion of aggregate policy limits. If the Lessee fails to purchase or maintain the insurance coverage set forth in this Lease,the City shall have the right to procure such insurance coverage at the Lessee's expense. 11.6 Nothing in this Article 11 shall limit the extent of the Lessee's responsibility for payment of claims, liabilities,damages, fines, penalties, and costs resulting from its performance or nonperformance under this Lease. 5 JUL 18 ' 94 14: 20 303 651 8590 PRGE . 007 940814 07/18/94 14:23 ii..T303 051 8590 CITY OF LCMT Kg;Gal 12 Surrender and Removal of improvements 12.1 The Lessee shall own any improvements it constructs on the Premises, and may at any time remove them during the term of this Lease. 12.2 The Lessee covenants and warrants that on expiration, termination or cancellation of the Lease, it will remove all of its improvements, and restore the Premises to the condition existing immediately before the term of this Lease, and peacefully quit and surrender possession. 12.3 The City shall have the right on expiration, termination or cancellation of the Lease to enter upon and take possession of the Premises without liability for trespass. Should the Lessee hold over or continue to occupy the Premises on expiration, termination or cancellation of this Lease, at the City's option, such holding over may be deemed merely a tenancy for successive monthly terms upon the same conditions as otherwise provided in this Lease. 13 Breach or Abandonment 13.1 At the City's option, it shall be a breach of this Lease if the Lessee fails to pay a lease payment when due, or defaults in performance of any term, condition, covenant or warranty. If the City chooses to declare a breach of this Lease, it shall give the Lessee ten(10) days written notice requiring payment or compliance with the term or other provision. If the Lessee does not correct the breach after ten (10) days written notice, the City, at its sole option, may declare an end to the Lease term,repossess the Premises, expel the Lessee, and remove the Lessee's improvements, all without liability for trespass or for damage or loss to the improvements or the Lessee's operations, and without prejudice to any other remedies available to the City. 13.2 Upon breach of any term or provision of this Lease, the Lessee shall be liable for and pay to the City all of the City's costs and attorneys' fees to enforce the term or provision. 14 Notice 14.1 Each party shall give the other any written notice by certified mail, return receipt requested, at the address in the preamble. When so given, the date of notice shall be effective from the date of the mailing receipt. The Lessee shall notify the City of any change of address. 15 Miscellaneous 15.1 The Lessee may request the City, as owner of the Premises, to sign mining and environmental permit applications. The City Manager, or his designee, shall have the authority to review andexecute such permit applications on behalf of the City, as required by law, and if 6 JUL 18 ' 94 14 :21 303 651 8590 PPGE . 008 940814 07/18/94 14:24 V303 651 3590 CITY OF LGMT :Z 009 in accordance with the authorized uses in Section 2 of this I +r, and applicable laws, rules, charters, ordinances and regulations, as now exist or are later enacted or amended, of the City, and all county, state and federal entities having jurisdiction over the Premises or the Lessee's operations. 15.2 No waiver of default by the City of any of the terms, covenants, warranties or conditions hereof to be performed, kept or observed by the Lessee shall be construed as, or operate as, a waiver by the City of any of the terms, covenants, warranties or conditions herein contained, to be performed, kept or observed by the Lessee. 15.3 The City makes no warranties as to the condition of the Premises or its suitability for use for a particular purpose. The Lessee agrees that the City shall be under no obligation to maintain the Premises in a particular condition or for a particular use. 15.4 Article and section headings shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of this Inst. 15.5 The provisions of this Lease shall be construed as to their fair meaning, and not for or against any party based upon any attributes to such party of the source of the language in question. 15.6 The Lessee shall perform its obligations under this Lease in strict compliance with all applicable laws, rules. charters, ordinances and regulations, as now exist or are later enacted or amended, of the City, and all county, state and federal entities having jurisdiction over the Premises or the Lessee's operations. 15.7 No representations, warranties or certifications, express or implied, shall exist as between the parties, except as specifically set forth in this Lease. 15.8 None of the terms, conditions or covenants in this Lease shall give or allow any claim, benefit, or right of action by any third person not a party hereto. Any person other than the City or the Lessee receiving services or benefits under this Lease shall be only an incidental beneficiary. 15.9 The Lessee may not sublet or assign any interest in this Lease or the Premises without prior written consent by the City. 15.10 This Lease is an integration of the entire understanding of the parties with respect to the matters set forth herein. The parties shall only amend this Lease in writing with the proper official signatures attached thereto. 15.11 Invalidation of any specific provisions of this Lease shall not affect the validity of any other provision of this Lease. 7 JUL 18 ' 94 14: 21 303 651 8590 PAGE . 009 940814 07/18/94 14:25 '(3`308 651 8590 CITY OF LGMT U'010 15.12 This Lease shall be governed and construed according to the laws of the State of Colorado. 15.13 The Lessee acknowledges this Lease will be recorded with the Weld County Clerk & Recorder, and agrees to defray the recording costs in the amount of$5.00 per page. 15.14 This Lease shall extend to and be binding upon the heirs, successors and permitted assigns of the parties. EXECUTED the day and year first above written. CITY OF LONGMONT, a municipal corporation Mayor "g LONG Attest: 4 O Clerk CoLORNv APPROVED AS TO FORM: APPROVED AS TO CONTENT: ( i)ouglitth Dep y City Att Director of Community Development APPROVED AS TO INSURANCE PROVISIONS: Risk Manag 8 JUL 18 ' 94 14: 22 303 651 8590 PAGE . 010 940814 07/18/94 14:26 V303 651 8590 CITY OF LGJLP X7011 C & M READY MIX CONCRETE COMPANY OF BOULDER, a Colorado corporation earaHd ( c (-President Attest �7 Secretary STATE OF COLORADO ) )ss. COUNTY OF BOULDER ) foregoing L ase was acknowledged before me this day of O' , 1994, by , as presi /L dent of C & M Ready Mix Concrete Company of Boulder, a Colors orporation, on behalf of the corporation. '..;A:,, 12;--CS, CY . Witness my hand and official seal: ✓�;• 3 Q 9cS� CAROLYN My Commission expires: u Q ; \ REHEAJ i , Lit...,.... •''P44c{7 Notary Public CA rile: 1424 416/94 9 JUL 18 ' 94 14 : 22 303 651 8590 PAGE . 011 940814 07/18/94 14:26 12505 651 8590 CITY OF LGMT 31%3012 ATTACHMENT A \ Midwest �,� STATE HIGHWAY 119 II492/ --- ' \ 7 -7: - : .Childress Home ' - . — S i I H LANDFILL ' , II •":'PARCEL R �• �\\ II CITY PROPERTY \ 41 ` 1r p11 !/ -495O 1. /is k y : tea:; // x 's.�. ' ire rt l iT N: ih ' Y 'PI I‘ e•.,�� ti: T: : zw 'r .� .. 11• • • �l WMqVaAgVAME sr. r CREEX zm 7 4' � IN ys t' •__ _ _ —e x ' e a�� PARCEL B 't! ho. F- ,COMPANY PROPERTY:'_ ` 04, NN\434 C..2; Th--Nk 4.,Es�`b A_ ^;`�,� X' PARCEL D -h 1 'Y �- —"- -::-- LEASE PROPERTY a �- ) lr PARCEL C II II 4C0MANY II F N p '9Z LEASED p PROPERTY 11 III . ,; I <. � II. Jessum . a892 , a II -- t r BM - • 489 -- LOCATION MAP ga gui L NE n Iw ci • DATE: I-17-94 scaLE: 1" =1000' TuttlTuttl�Applegate,lnc• 92-214 • ,.r Lw,#.n,w.Y W.M..•-••""a., JOB NO.: KN S� nwvw,tw..,.*+,••�• DRAWN BY: rHEET: 9 0F: 'q a...e..... tatas 13031;122-4•1 ra.naa.as-nw NECKED BY: G JUL 18 ' 94 14: 24 303 . 651 8590 PRGE . 012 940814 07/18/94 14:28 'Z 303 651 8590 CITY OP Lc,1rr .rJ012 1 ORDINANCE 0-94- 26 2 3 A BILL FOR AN ORDINANCE AUTHORIZING THE LEASE OF PROPERTY AT THE 4 LONGMONT LANDFILL TO C &M READY MIX CONCRETE COMPANY OF BOULDER 5 6 7 WHEREAS, Colorado Revised Statutes, § 31-15-713(1Xc), requires that the City Council 8 approve by ordinance any lease of municipal real estate for a period of more than one year, and 9 make a finding that the lease is in the best interests of the City of Longmont; and 10 11 WHEREAS, the City is owner of lands in the County of Weld, State of Colorado, 12 described and depicted as Parcel A and Parcel D on Attachment A; and 13 14 WHEREAS, C & M Ready Mix Concrete Company of Boulder, a Colorado corporation, 15 is the owner of land in the County of Weld, State of Colorado, described and depicted as Parcel 16 B on Attachment A; and 17 18 WHEREAS, C & M Ready Mix Concrete Company of Boulder has a mining lease 19 agreement with the landowner south of Parcel D, in the County of Weld, State of Colorado, 20 described and depicted as Parcel C on Attachment A; and 21 22 WHEREAS, C &M Ready Mix Concrete Company of Boulder desires to lease Parcel D 23 for the purpose of transporting sand and gravel from Parcel C to Parcel B; and JUL 18 ' 94 14: 24 303 651 8590 Pf4GE . 013 940814 Ordinance 0-94- April 11, 1994 Page 2 1 WHEREAS, the Council finds that the lease of Parcel D to C & M Ready Mix Concrete 2 Company of Boulder will provide additional revenue, and is in the best interests of the City of 3 Longmont. 4 5 NOW THEREFORE, THE COUNCIL OF THE CITY OF LONGMONT, COLORADO, 6 ORDAINS: 7 8 Section 1 9 10 Good faith negotiations have produced a proposed lease agreement between C&M Ready 11 Mix Concrete Company of Boulder, as lessee, and the City of Longmont, as lessor, signed and 12 acknowledged by the lessee on April 11, 1994, for the lease of Parcel D, as depicted on 13 Attachment A, for a period of two years, at an annual sum of$1,000.00, payable in advance to 14 the City, and other good and valuable consideration. 15 16 Section 2 17 18 The City Council authorizes and directs the Mayor to sign the lease agreement with 19 C &M Ready Mix Concrete Company of Boulder for the lease of Parcel I)at the City's landfill, 20 as depicted on Attachment A. 21 JUL 18 ' 94 14: 25 303 651 8590 PPGE . 014 940814 07/18/94 14:29 12303 651 8590 CP1'Y OP LGMT 2_1015 Ordinance 0-94- April 11, 1994 Page 3 1 Section 3 2 3 The City Council hereby repeals all ordinances or parts of ordinances in conflict with this 4 ordinance, but only to the extent of such conflict 5 6 Introduced this&`shay of PrPR11r , 1994. 7 g Passed and adopted this lOday of K/CA." 1994. 9 10 11 12 MAYOR 13 14 16 ATTEST: UV `��aapa 17 its' 18 COL OR�� 19 20 \C-1)W\ 21 CITY CLERK 22 JUL 18 ' 94 14 : 25 303 651 8590 PAGE . 015 940814 07/16/94 14:29 2'303 651 8590 CITY OF LGMT c1016 Ordinance 0-94- April 11, 1994 Page 4 1 2 NOTICE: PUBLIC HEARING ON THE ABOVE ORDNANCE WILL BE HELD ON THE 3 DAY OF M rY 1994, IN COUNCIL CHAMBER AT 7:00 P.M. 4 5 6 APPROVED AS TO FORM: 7 8 9 --,.. ., y3� 10 DEPUTY CITY ATTORNEY 11 12 CA file: 1424 13 April 11, 1994 14 JUL 18 ' 94 14: 26 303 651 8590 PAGE . 016 940814 07/16/94 14:30 15'303 651 8590 CITY 0'r LGMT 017 ATTACHMETA � Midwest• - \ STATE HIGHWAY 119 II491% • .Children Home - a----r+ — ••••• - u. - �t ' 'r 1 _ n <84 r' LANDFILL - . . , II " S. r PARCEL A 1. 1 �I I 't'& ' CITY PROPERTY l i /Ill - - ii,ly q:t.t` ." �� /4 I 4'950 �',r.. � J •` ,s d : Y a • y° .2 y I b fr �; k '. 'k,,, 2C. < cif ST. cREEx .s u k 4. 4w I PR-42's at �> t:r 3. \'(✓ cmr«_ :-- - : �l�G e- PARCEL B - -: '+ PLr _• :_COMPANY PROPERTY- _ ' •A • *- _ • _ t,I, :� - o ..` 4. OQ�y�, -_a-- -AN __-4 7:- --- p `9 :rt ;`.. PARCEL D 1Ck ^, e:e -_`- LEASE PROPERTY � -' rye, I . ..' • -SPARCEL C II ,l 'P !COMPANY 2 ''�: p .,..,•:1...:.-, �. LEASED tl p PROPERTY �G9ai` p• ` ; tl Jessum• , ll tt 4892 tt� em 489 - -- - -,c - LOCATION MAP _C� a & U C�'�7[UM]lPL�.ROC Z5n OHM, • • 'Putt Apple gate,lna DATE: -17-94 SCALE: 1" -1000 ' et C•...nW.M,Lout...nr..•e�o...ti+w JOB NO.: 92-214 • �e"• �"•"0 DRAWN BY: KH 0— -+ 00233SHEET: I) OF: q n.u•... •.•"aw.•.m HECKEO BY: GT flC JUL 18 ' 94 14: 27 303 651 9590 PAGE . 017 940814 07/18/94 14:31 '&303 651 8590 CITY OF LGMT "v1018 City Council Proceedings--May 10, 1994 Page 4 Gordon Pedrow, ity Manager, read the title of the ordinance into the record. He noted that this a finance represents a reassignment of existing hangar leases at the airport. Mayor Stoecker removed erself from discussion and vote on this item due to a conflict of interest. Mayor Pro Tem Caldwell opened a public hearing on this ordinance. There being no one present to address Council o this issue, the public hearing was closed. Councilmember McCoy moved, seconde by Burkhardt, to adopt Ordinance 0-94-25 on second reading. Motion carried: 6-0 Stoecker abstaining) . V' B. ORDINANCE 0-94-26, PUBLIC HEARING AND SECOND READING OF A BILL FOR AN ORDINANCE AUTHORIZING THE LEASE OF PROPERTY AT THE LONGMONT LANDFILL TO C & M READY MIX CONCRETE COMPANY OF BOULDER Gordon Pedrow, City Manager, read the title of the ordinance into the record. He lnoted tht andfill a totCi& M for two years.leases right-of-way the lease s iscfor more than one ross City propery at the year, an ordinance is required. Mayor Stoecker opened a public hearing on this item. There being no one present to speak on this issue, the public hearing was closed. Councilmember Burkhardt moved, seconded by McCoy, to adopt Ordinance 0-94-26 on second reading. Motion carried: 7-0. B. ITEMS REMOV FROM CONSENT AGENDA A. ORDINANCE T READING OF A BILL FOR AN ORDINANCE AMA N G TITLEINTRO2, CHAPTER DUCTION N2.20,D IS SECTION 2.20.071(C), LONGMONT MUNICIPAL CODE, REGARDING ALCOHOL PERMITS AT UNION RESERVOIR Responding to Councilmember Bur ardt's question regarding terminology, Clay Douglas, City Attorney, indicated that ermented malt beverage is the technical legal terminology to cover 3.2 beer. Councilmember Burkhardt indicated t' t the policy which accompanies the ordinance refers to "alcohol" consumption and it should be more specific using the same "fermented malt beverage" language use in the ordinance. He specifically called staff's attention to Item 6 of the regu tion. Councilmember Doering indicated that he un erstands staff's desire to eliminate the 14-day waiting period but he does not agre with the procedure outlined. He asked for clarification from staff as to why; this hange is being requested. Mr. Bessler indicated that the change is reque ted as a practical matter for staff. It is staff's belief that there is a substantial umber of people who currently drink beer at the reservoir not in accordance with e regulations. He noted that if JUL 18 ' 94 14: 28 303 651 6590 PRGE . 018 940814 vet ,, mEmoRAnDum W I` a Greg Thompson O To Wcld County Planning Date Jaly 13, 1994 \ t( COLORADO From 'never Jiritek, Superoisot , EnvituiuutuLal PiuLecLiun Set%ic Subject. Case NwuLek. USR 1055 Name: Twin Peaks Excavating /�jRt�VI NE4 of Section 17, Township 02 North, Range 68 West Environmental Protection Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. An Air Pollution Emission Notice (A.P.E.N. ) and Emissions Permit application must be submitted to the Air Pollution Control Division, Colorado Department of Health for emissions of criteria, hazardous or odorous air pollutants. Sources of such emissions include but are not limited to the following: sandblasting operations, mining, spray paint booths, dry cleaners, haul road traffic, composting, boilers and incinerators. 3. No permanent disposal of wastes shall be permitted at this site. 4. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 5. Fugitive dust shall be controlled on this site. 6. The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A) as measured according to 25-12-102, Colorado Revised Statutes. 7. A NPDES Permit shall be obtained from the Water Quality Control Division of the Colorado Department of Health for any proposed discharge into State Waterways. 8. A dust abatement plan shall be submitted to the health department for approval prior to operation. The facility shall have sufficient equipment available to implement the dust control as required by the health department. 9. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility area in a manner that will prevent nuisance conditions. 10. The facility shall provide adequate sewage disposal facilities in accordance with the Weld County Individual Sewage Disposal Regulations. 11. A stormwater discharge permit must be obtained from the Colorado Department of Health, Water Quality Control Division. 12. A safe and adequate water supply shall be provided at the facility. TJ/lam-2369 EXHIBIT {I JUL 1 , 1994 / 1111 940814 }.t\ •�� DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO Date: June 30, 1994 CASE NUMBER: USR-1055 TO WHOM IT MAY CONCERN: Enclosed is an application from Twin Peaks Excavating - Schell Pit for a Site Specific Development Plan and a Special Review permit for a dewatered gravel mine in the A (Agricultural) zone district. The parcel of land is described as part of the NE4 of Section 17, T2N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1/4 mile north of Weld County Road 20-1/2 and approximately 1-1/4 miles west of Weld County Road 7. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by July 14, 19944 so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. ✓ We have reviewed the request and find no conflicts with our interests. EXH181T 4. A formal recommendation is under consideration and will submitted to you prior to: 655 5. tJ5�" 5. Please refer to the enclosed letter. Sign Aw2f... e e.nca A-.— Agency (S14.o u. -4-t— Date: `�1 A. JUL 151994 .-f”mlannine 940^' • plf ' 1 \1` . Avg DEPARTMENT OF PLANNING SERVICES } PHONE (303) 353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES r% 1400 N. 17TH AVENUE �. GREELEY, COLORADO 80631 COLORADO Date: June 30, 1994 CASE NUMBER: USR-1055 TO WHOM IT MAY CONCERN: Enclosed is an application from Twin Peaks Excavating - Schell Pit for a Site Specific Development Plan and a Special Review permit for a dewatered gravel mine in the A (Agricultural) zone district. The parcel of land is described as part of the NE4 of Section 17, T2N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1/4 mile north of Weld Count.y Road 20-1/2 and approximately 1-1/4 miles west of Weld County Road 7. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by July 14, 1994, so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will �EXHf81T / submitted to you prior to: 5. ✓ Please refer to the enclosed letter. (/5,2 ' /OSf Signed: Agency: \N\ �—a� . ..i c�� .S V‘ct Date: I\ JUL 1 5 1994 1 ' .:..M,nlnn►nR - 940814 "°""r"'^ MOUNTAIN VIEW FIRE PRO'h _CTION DISTRICT Administrative Office: 9119 County Line Road• Longmont, CO 80501 8 (303) 772-0710 Metro (303)666-4404 FAX (303) 651-7702 a Viet, July 12, 1994 Mr. Greg Thompson, Current Planner Weld County Department of Planning Services 1400 N. 17th Avenue Greeley, CO 80631 RE: Case Number USR-1055 Twin Peaks Excavating -Schell Pit Dear Mr. Thompson: I have reviewed the material sent to the Fire District for compliance with the codes and standards of the District. The proposed mine is within the boundaries of the Fire District and receives service from the District. The Fire District has no objections to this project, as long as the project meets the codes and standards of the District. The Fire District has adopted the 1991 Edition of the Uniform Fire Code and the activities in the mine will be covered by this Code. The principle applications of the Code to a gravel mine will be for tank installations for flammable or combustible liquid, fueling operations, vehicle repair, including welding, and any use of hazardous materiaLs. Tanks for flammable or combustible liquid storage or dispensing, either temporary or permanent, need to be installed in accordance with the requirements of the Code. The installation and use does require a permit from the Fire District. If you need more details on any of the requirements or have further questions I can help you with, please contact me. Sincerely, Charles E. Boyes J Fire Prevention Specialist JUL 15 1994 Twin Peaks Excavating-Schell Pit 1 o1 2 ,A Station 1 Station 2 Station 3 Station 4 Station 5 Station rt..,plttnnin fetation 7 9119 Cnty Line Rd. 10971 WCR 13 P.O.Box 575 P.O.Box 11 10911 Dobbin Run P.O.Box 666 O.Box 40 Longmont.CO Longmont,CO 299 Palmer Ave. 8500 Niwot Road Lafayette,CO 600 Briggs 100 So.Forest St. 80501 80504 Mead.CO 80542 Niwot,CO 80544 80026 Erie,CO 80516 Dacono,CO 80514 940814 CC: Jerry Ward,Chief of the District William N. Bailey, Deputy Chief,Support Services Mark A. Lawley, Assistant Chief, Fire Prevention Twin Peaks Excavating-Schell Pit 2of2 940514 A T v ° y � y "had a ary ,, t °ti � Sr '+r.4, ' q" r '_{ i i.y.l"}} B f v 5 'r m "-4 r 5,,','''',,,,Q,1,:. t Y Y F �r kY �3 ��cs,i t '4S ''r ' 4,$,‘, v tNS ,. t f r ,. " r „xu'�d ,t 4.4,,,._,-,fir,,,, r rt lad, a 7 - r £�a 'r" �" a , r ,?- ,...4, s t. 44kte) irnt e '''.r."."4 am ', J4'.? -1 r iy A ,►-s^ -ta . jjyy h �.� -: ' lips _ .f.,•yi y is5lcw^ ` • ,., f EXHIBIT c •21 I ' • „7g ti. Y. kis 1' 4 f°`/ F Y •;;. i .: '• y �. .1" i "l a p� .P Y. • +' J L..,.._.,..-,:p + .. .. �rS"FA` L lit s tr:yA , .7. • 3 r EXHIBIT E EXHIBIT • II ,,y 940811? i —T_;,, z tu. mEmORAnDUm W I Greg Thompson, Current Planner To Planning Date July 7, 1994 COLORADO From Donald Carroll SubjecUSR-1055 Twin Peaks Excavating - Schell Pit The gravel resource will be removed by the C & M Companies under contract with Twin Peaks Excavating, and transporting overland in earth scrapers to the Distel Farms Aggregate Plant. This plant is located 4000 feet to the west of the Schell property. Access to the C & M Plant will be to the north across the City of Longmont's property. The travel route will be gravel. This access is being included in the C & M Company's Distel Farms Amendment application to USR-877. No truck access to County roads and bridges will be allowed from the Schell Pit. C & M Companies has an existing Road Improvements Agreement with Weld County and will continue to operate under the conditions of that agreement with no increase in truck traffic. No additional truck traffic from C & M operators will be created by this permit. tXN#�5 rl�5S DC/fc:plan12 cc: Commissioner Kirkmeyer File: USR-877, C & M Companies JUL 1 L 1994 rn.. •-Iv Dlamina 340814 NT iNe DEPARTMENT OF THE ARMY A'S- CORPS F4F�F' ,� /,M CORPS OF ENGINEERS,OMAHA DISTRICT " r' w t n h TRI-LAKES PROJECT OFFICE,9307 STATE HWY 121 h 501 LITTLETON,COLORADO 80123-6901 S K. July 8, 1994 sigiFs REPLY TO 9 5ri&NTANAI`6 ATTENTION OF Weld County Colorado Department of Planning Services 1400 North 17th Avenue Greeley, Colorado 80631 Dear Sir: Reference is made to Case Number USR-1055, Schell Pit sand and gravel mining operation, located in Sections 16 and 17, Township 2 North, Range 6S West, Boulder County, Colorado. This office is aware of this activity. Mr. Kenneth Schell has been informed of the need for a Department of the Army permit for this project and is acting accordingly. If there are any questions concerning this matter, please feel free to contact Mr. Rex Fletcher of this office at 303-979-4120. Sincerely, Tim by T. Care Project anager E4 l EXHIBIT 05,e-/ass L1 P 11 ;JUL ' ; 1994 , -,, 4 to ,Tnnino 940814 tt ctit e41:' • P, IIIIII DEPARTMENT OF PLANNING SERVICES PHONE (303) 353- 45, EXT. 3540 ipc, WELD COUNTY ADMINISTRATIVE OFFICES 7 1400 N. 17TH AVENUE x '� GREEL EY, COLORADO 80631 • COLORADO Date: June 30, 1994 CASE NUMBER: USR-1055 TO WHOM IT MAY CONCERN: Enclosed is an application from Twin Peaks Excavating - Schell Pit for a Site Specific Development Plan and a Special Review permit for a dewatered gravel mine in the A (Agricultural) zone district. The parcel of land is described as part of the NE4 of Section 17, T2N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1/4 mile north of Weld County Road 20-1/2 and approximately 1-1/4 miles west of Weld County Road 7. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by July 14, 1994, so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. ✓ Please refer to the enclosed letter. i ;t Signed: .. __ .1-e- eir Agency: 77: `C. _(,//,:ix,.--/- 017_17_/ i:7 1,s„, .�; Date: .) 1,2,4y /` `v idr57s -. 'JUL1 1994 __ ., _____,L , a.,nlaaningg 940814 FIELD CHECK FILING NUMBER: USR-1055 DATE OF INSPECTION: 7/5194- APPLICANT'S NAME: Twin peaks Excavating - Schell Pit CURRENT PLANNER: Greg Thompson REQUEST: A Site Specific Development Plan and a Special Review permit for a dewatered gravel mine in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the NE4 of Section 17, T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1/4 mile north of Weld County Road 20-1/2 and approximately 1-1/4 mile west of Weld County Road 7. /yam�i�l(_' LAND USE: N ! I �.Q/yyp/,( ct r —1.4 „at G.k l�' `i `eea, E '—_ 14). iC I u U S hrd, — 5A,bsek W �ji�cMn ZONING: N A (Agricultural) 1I 05-P�CIy�[P,l_ ` 1111 ��??�- E A (Agricultural) ik JUL O 7 1994 S A (Agricultural) _.. W A (Agricultural) COMMENTS: OEN 07 9_41/24--ti elk bew 4,04_davitace, rnw _p-Iee to 4v We-R 9, -1-A44 .PQ woa-&,n,W zfccThLkLi Aar_ e� aci-c map- C ui;fi of-fit c lrl (inr � am ad,*Tied- iEXHIBIT • 4-/3 U�? tQsS tiAllet A ¢ ( ic la Aveit DEPARTMENT OF PLANNING SERVICES PHONE(303) 353-3845, EXT. 3540 r WELD COUNTY ADMINISTRATIVE OFFICES '- ,A 1400 N. 17TH AVENUE : GREEL140EY, COLORADO 80631 AVENUE COLORADO Date: June 30, 1994 CASE NUMBER: USR-1055 TO WHOM IT MAY CONCERN: Enclosed is an application from Twin Peaks Excavating - Schell Pit for a Site Specific Development Plan and a Special Review permit for a dewatered gravel mine in the A (Agricultural) zone district. The parcel of land is described as part of the NE4 of Section 17, T2N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1/4 mile north of Weld County Road 20-1/2 and approximately 1-1/4 miles west of Weld County Road 7. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by July 14, 1994, so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. yh/ 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. Ple Se efer_to the enclosed letter. Signed: ' \ Agency: ' ' ' / Date: T I EXHIBIT ill�I� JUL 0 5 1994 Fey r D5, —/055 '��"'o^Iv Planning 940814 STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department ofNatural Resources 1313 Sherman St., Room 215 Denver,Colorado 80203 Phone:(303)866-3567 FAX:(303)832-8106 DEPARTMENT OF NATURAL RESOURCES Roy Romer Governor Notice of 112 Regular Reclamation Permit Application Consideration Ken Salazar Executive Dire for Michael B.Long Division Director DATE: May 25, 1994 TO: WELD COUNTY PLANNING DEPT 915 10TH STREET Gar �S2 FROM: Carl B. Mount, Senior Environmental Protection Specialist RE: Twin Peaks Excavating, Inc. , Schell Pit, File No. M-94-059 Please be advised that on May 19, 1994, Twin Peaks Excavating, Inc. , whose address and telephone number are 2000 S 120th St, Lafayette, CO 80026; (303) 665-8785, filed an application to conduct surface mining and reclamation, at or near Section 17, Township 2N, Range 68W, 6th Prime Meridian , in Weld County. The application decision is scheduled for August 17, 1994. Copies of the application are available for review at the Weld County Clerk & Recorder' s office and at the office of the Division of Minerals and Geology, Room 215, 1313 Sherman Street, Denver, Colorado 80203. All comments or objections must be submitted in writing in order to be considered in the amendment application review process . The tentative date for final comment is July 5, 1994, and is subject to change. The final date for receiving comment is determined by the date of the fourth publication by the applicant. 0464F K 1 EXHIBIT v tc loss -0 VE JUN 0 1 1994 11 c5 __ wool Caw*Planning 940814 FIELD CHECK FILING NUMBER: USR-1055 DATE OF INSPECTION: July 13, 1994 APPLICANT'S NAME: Twin Peaks Excavating - Schell Pit REQUEST: A Site Specific Development Plan and a Special Review permit for a dewatered gravel mine in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the NE4 of Section 17, T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1/4 mile north of Weld County Road 20 1/2 and approximately 1 1/4 miles west of Weld County Road 7. LAND USE: N Lake, pasture E Pasture S Rural residences, pasture W Pasture, rural residence, gravel mine ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: A residence currently exists on-site, along with a 20 x 30 shed. Topography slopes slightly toward Boulder Creek. Site is adjacent to Boulder Creek. Paved Weld County Road 20 1/2 is access point to residence. G^ Greg Th pson Current Planner IIa • EXHIBIT Mo 05C-M55 940814 LAND-USE APPLICATION SUMMARY SHEET Date: August 2, 1994 CASE NUMBER: USR-1055 NAME: Twin Peaks Excavating - Schell Pit ADDRESS: 11802 Niwot Road, Longmont, CO 80501 REQUEST: A Site Specific Development Plan and a Special Review permit for a dewatered gravel mine in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the NE4 of Section 17, T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1/4 mile north of Weld County Road 20-1/2 and approximately 1-1/4 miles west of Weld County Road 7. SIZE OF PARCEL: 28.7 acres, ± POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this Special Review permit is listed in Section 24.3 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received responses from the following agencies: 1. City of Longmont 2. Army Corps of Engineers 3. Mountain View Fire Protection District 4. Longmont Soil Conservation District 5. Weld County Health Department 6. Weld County Public Works Department 7. Tri-Area Planning Commission The Department of Planning Services' staff has not received referral responses from: 1. Colorado Division of Water Resources 2. Colorado Oil and Gas Conservation Commission 3. Division of Wildlife 4. Central Colorado Water Conservation District 5. Left Hand Water One surrounding property owners has expressed concerns. + EXHIIIIT Ius( - /DSc 940814 it:r....\\ flOiel I,,‘ Awl DEPARTMENT OF PLANNING SERVICES "ape PHONE (303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140 GREELEY, N. ORAAVENUEO631 COLORADO 80631 COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, August 2, 1994, at 1:30 p.m. for the purpose of considering a Site Specific Development Plan and a Special Review permit for the property described below. Approval of the request may create a vested property right pursuant to Colorado Law. APPLICANT: Twin Peaks Excavating - Schell Pit LEGAL DESCRIPTION: Part of the NE4 of Section 17, T2N, R68W of the 6th P.M. , Weld County, Colorado. TYPE AND INTENSITY OF PROPOSED USE: A dewatered gravel mine in the A (Agricultural) zone district. LOCATION: Approximately 1/4 mile north of Weld County Road 20-1/2 and approximately 1-1/4 miles west of Weld County Road 7. SIZE: 28.7 acres, more or less. The public hearing will be held in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631, before the above date or presented at the public hearing on August 2, 1994. Copies of the application are available for public inspection in the Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631 - Phone - 353-6100, Extension 3540. Judy Yamaguchi, Chairperson Weld County Planning Commission To be published in the Windsor� Beacon To be published on ' (1) t.7 )f by July 7, 1994. Received by: / '/�� l0/-- Date: - /Y 7, 4) 4 EXHIIIT li uS/ -/o55 940814 a " r g � 7&Ea• �'�f'4�• — t.V a p. —' � � >r .. :- • 7 —�s+y a • s 4 w •sy• 2. G 25 ; s� •C :� .. yA ""��`�n��''l g: „.,°' ,91:r, io�c2F�,•I �Q Al Y 1 1 ® ��. .ar y. p ? �� P r Te. 1E 11 1 ee YY 3. 'I _1 m, r.— .w •▪ 3 • .. >. •• • ,• 4.(�v ' 54,C . �_ .. _ .. G • • K `o / •• •I' 1 . 01 •• / \,, I, , k=t*r_trchir_jr,11. 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Ip 1 0, } • a t ▪ •.v tl �p _ NJtl A e /� • 1 Ike I •▪ y • 0 .� 3 I .�. 06. • . 6 .AEON d / • �•� • 1 �� ' 2Onr.vrr •t 'I • .A; i 2 1 • �. s .. .7 4-J5J • .L.� .•l. a(.. ofw: - f ,• •G 1 1: f • • �. . A. r ., ' • i. • .t ▪ L, F w,.iL'3 L 1 r 1 _ g .'t s I � aac°�e�s� n 1 ® Ic A1 u� .�� 1.I. f • ; � � r> �,� 1 n c ( F ri 4: c i • IN 6 s rill .t e $ .?-1. C Y S 1 , F /1 11 • J (.. .r ." . .rrn '- - _• N' 'yam•. ^l.•4 (").�.¢n� �.,>� M nail r 0.,„,�I' 6p Y. _S F . C 1y,/ Ji k I i � d } yp� • _ • 9YJ 1 4• i a4: C. ', 4 e. as zo -11• x 5 x r ... P . 1• 1 ¢1 0l 1 Ra -i,, Ii¢ e ! � . Y C. 1 .r Whir r1 Ref 44% . 1 _'I o. �� 'a • z C L ,0 Ira/' 1'1 /-' n 1 2• �1. , I� i . - ' i r 'T_—y •• �k3. P..�yp?>d,.�w•,E{ a .,F I k't m a, ,7�.,w....0[ir a I , p▪ f s. II >6.-3 151 ez •C a CE J F: ' .7 .,�-/0� �• . . 1 i'l Jk�� It 1 1 1 1 1• cy jas I �., J •� • nr8•irJE••1 I 1 .rL L_�-_.—_ :�IM-I: ll' el.l: 1e R6B11✓ • #.# -� i� 1 I • Y 6 R 67 VV - I 1 •�� 9408t4 ' LKINS LAKE I; 32 1 3 31j Vltl,N /fh;.Y/;ltl'��//1') 4) 1i 4r �r S • 1 is (... i `L` , r _ _ ._ .( II Homo . ' ( /73 Is r \, 75 II:A I g :..i u� 1 2 ! G�� a.. 055 i , , , • 1 /i ' _ .: O ., „ ., �P .rl.: ____. ..i. , , ., _I' .I,-,.w, ,,. 3 id an n; 16 • (7--i ,_,_) . 4N41 .. / J II H19 � 20 94914 030 H c� 0,7, �sz� Ilit:S—Rft 10 5 _ (063) I I (062) . a________ (a5) WC 20& 12 /7- '\ ) , L. 06/ (059 1 (060) N 940814 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in Case Number USR -1055 for Twin Peaks Excavating - Schell Pit in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list. this 7th day of July, 1994. 61 / " cm(CURXMIRIT 940814 SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATE/MINERAL OWNERS Twin Peaks Excavating - Schell Pit USR-1055 Cottonwood Land and Farms LTD P.O. Box 229 Boulder, CO 80306 Melba Distel 1443 Weld County Road 20 1/2 Longmont, CO 80501 Temperature Processing Company, Inc. 10477 Weld County Road 7 Longmont, CO 80501 Cooley Gravel Company P.O. Box 5485 Denver, CO 80217 Janine Cox 1767 Weld County Road 20 1/2 Longmont, CO 80501 940814 itot DEPARTMENT OF PLANNING SERVICES ' PHONE(303)353.3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES C. 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO DATE: June 30, 1994 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: USR-1055 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, August 2, 1994, at 1:30 p.m. , in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado concerning the request of: NAME: Twin Peaks Excavating - Schell Pit FOR: A Site Specific Development Plan and a Special Review permit for a dewatered gravel mine in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the NE4 of Section 17, T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1/4 mile north of Weld County Road 20-1/2 and approximately 1-1/4 mile west of Weld County Road 7. Your property is within five-hundred (500) feet of the property on which this request has been made or you may have an interest in the minerals located under the property under consideration. For additional information write or telephone Greg Thompson, Current Planner. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631, on or before the date of public hearing. 940614 DATE: August 2, 1994 CASE NUMBER: USR-1055 APPLICANT: Twin Peaks Excavating - Schell Pit ADDRESS: 11802 Niwot Road, Longmont, CO 80501 REQUEST: A Site Specific Development Plan and a Use by Special Review permit for a dewatered gravel mine in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the NE4 of Section 17, T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION Approximately .25 mile north of Weld County Road 20.5 and approximately 1.25 miles west of Weld County Road 7. 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 24.3 of the Weld County Zoning Ordinance as follows: - This proposal is consistent with the Weld County Comprehensive Plan's Mineral Resources, Transportation, and Urban Growth Boundary Goals and Policies. - The Conditions of Approval and Development Standards will ensure that these goals and policies are met. The Comprehensive Plan encourages the extraction of mineral resources when the mining plan promotes reasonable and orderly development of mineral resources. The City of Longmont has reviewed this case and indicated a concern with the amount of time the permit is proposed for. Condition of Approval #3 addresses this concern. - The proposal is consistent with the intent of the Agricultural zone district and is provided for as a Use by Special Review. The applicants propose utilizing a nearby gravel site for the processing of material. - The uses permitted will be compatible with the existing surrounding land uses and with the future development of the surrounding area as permitted by the Weld County Comprehensive Plan. Surrounding land uses include: pasture, a lake, rural residences, a gravel mine, and Boulder Creek. r ax*U$IT 940814 use- 05 RECOMMENDATION, USR-1055 Twin Peaks Excavating - Schell Pit Page 2 - Portions of the subject site are in the Flood Hazard Overlay District area. Development Standards and Conditions of Approval address this issue. No other overlay districts affect this site. - Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall 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. This permit shall be valid as long as access exists across the City of Longmont property to the Distel Farm processing site. If mining is proposed to continue beyond May 10, 1996, the applicant shall submit information to the Department of Planning Services which indicates the City of Longmont and the applicant have agreed to exercise the option contained within the lease which allows the applicant access across City of Longmont property. 4. Prior to recording the plat: A. The applicant shall obtain a Department of the Army Corps of Engineers permit for the proposed project. 940Si4 RECOMMENDATION, USR-1055 Twin Peaks Excavating - Schell Pit Page 3 B. An Air Pollution Emission Notice (A.P.E.N. ) and Emissions Permit application shall be submitted to the Air Pollution Control Division, Colorado Department of Health for emissions of criteria, hazardous or odorous air pollutants. Sources of such emissions include, but are not limited to the following: sandblasting operations, mining, spray paint booths, dry cleaners, haul road traffic, composting, boilers and incinerators. C. A NPDES Permit shall be obtained from the Water Quality Control Division of the Colorado Department of Health for any proposed discharge into State Waterways. D. A dust abatement plan shall be submitted to the Weld County Health Department for approval. The facility shall have sufficient equipment available to implement the dust control as required by the health department. E. A stormwater discharge permit shall be obtained from the Colorado Department of Health, Water Quality Control Division. F. A safe and adequate water supply shall be provided at the facility. G. The following note shall be placed on the plat: NOTE: The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities related to mining and reclamation are, therefore, under the jurisdiction of the Mined Land Reclamation Board; however, Weld County has jurisdiction of those matters outlined in the Development Standards. H. The applicants shall submit a substitute water supply plan to the State Division of Water Resources for their approval, and shall submit the approval to the Department of Planning Services. 940814 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Twin Peaks Excavating - Schell Pit USR-1055 1. The Site Specific Development Plan and Special Review permit is for a dewatered gravel mine in the A (Agricultural) zone district as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. No stockpiling of material shall be permitted within the floodplain located on-site. 4. The haul route shall be from the Schell property, through the City of Longmont property to the north, then to the Distel Farm property. The haul route shall be graveled. 5. Hours of operation shall be daylight hours between 7:00 a.m. and 6:00 p.m. , six days per week, Monday - Saturday. 6. The site shall meet the codes and standards of the Mountain View Fire Protection District. 7. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 8. No permanent disposal of wastes shall be permitted at this site. 9. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 10. Fugitive dust shall be controlled on this site. 11. The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A) as measured according to 25-12-102, Colorado Revised Statutes. 12. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility area in a manner that will prevent nuisance conditions. 13. This facility shall provide adequate sewage disposal facilities in accordance with the Weld County Individual Sewage Disposal Regulations. 940814 DEVELOPMENT STANDARDS, USR-1055 Twin Peaks Excavating - Schell Pit Page 2 14. No access to county roads by vehicles associated with the gravel mine shall be allowed. 15. Uses on the site shall conform to the requirements of the Flood Hazard Overlay District. 16. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 17. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 18. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6, 44.4, 44.5, and 44.6 of the Weld County Zoning Ordinance. 19. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 20. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 21. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 940814 (711 \ L."..1.% DEPARTMENT OF PLANNING SERVICES PHONE (303)353-3845, EXT. 3540 #p WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 • COLORADO June 3C, 1994 Twin Peaks Excavating 2000 S. 120th Street Lafayette, CC 80026 Subject: USR-1055 - Request for a Site Specific Development Plan and a Special Review permit for a dewatered gravel mine in the A (Agricultural) zone district on a parcel of land described as part of the NE4 of Section 17, T2N, R68W of the 6th P.M. , Weld County, Colorado. To Whom it May Concern: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Planning Commission for August 2, 1994, at 1:30 p.m. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members mioht have with respect to your application. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Longmont and Tri-Area Planning Commissions for their review and comments. Please call Brad Schol. (Longmont) at 651-8330 and Jay Curtis (Tri-Area) at 833-3819 for further details regarding the dates, times, and places of these meetings. It is recommended that you and/or a representative be in attendance at the Longmont and Tri-Area Planning Commission meetings to answer any questions the Commission members may have with respect to your application. Sometime prior to July 22, 1994, a representative from the Department of Planning Services will be out to the property to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property under consideration is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and post a second sign at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. III EXNcc1//e1t � 5S 0s ' 40814 Twin Peaks Excavating - Schell Pit June 30, 1994 Page 2 The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four (24) hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services' office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please feel free to call me. Respectfully, 4- r Greg Thompson Current Planner pc: Gary Tuttle Tuttle Applegate, Inc. 11990 Grant Street, Suite 410 Denver, CO 80233 940814 REFERRAL LIST NAME: Twin Peaks Excavating - Schell Pit CASE NUMBER: USR-1055 REFERRALS SENT: June 30, 1994 REFERRALS TO BE RECEIVED BY: July 14, 1994 COUNTY TOWNS and CITIES _Attorney Ault X Health Department Brighton Extension Service Broomfield _Emergency Management Office Dacono Sheriff's Office Eaton e— X Public Works Erie Housing Authority Evans _Airport Authority _Firestone Building Inspection Fort Lupton Frederick STATE Garden City X Division of Water Resources Gilcrest Geological Survey _Greeley Department of Health Grover _Department of Transportation Hudson _Historical Society _Johnstown Water Conservation Board Keenesburg X Oil and Gas Conservation Commission Kersey X Division of Wildlife _La Salle FIRE DISTRICTS Lochbuie Ault F-1 — X Longmont _Berthoud F-2 Mead Briggsdale F-24 Milliken _Brighton F-3 New Raymer Eaton F-4 _Northglenn _Fort Lupton F-5 Nunn Galeton F-6 _Pierce Hudson F-7 _Platteville Johnstown F-8 _Severance La Salle F-9 _Thornton X Mountain View F-10 Windsor Milliken F-11 Nunn F-12 COUNTIES Pawnee F-22 _Adams _Platteville F-13 Boulder Platte Valley F-14 _Larimer Poudre Valley F-15 Raymer F-2 FEDERAL GOVERNMENT AGENCIES Southeast Weld F-16 — X US Army Corps of Engineers _Windsor/Severance F-17 _USDA-APHIS Veterinary Service Wiggins F-18 Federal Aviation Administration Western Hills F-20 Federal Communication Commission OTHER SOIL CONSERVATION DISTRICTS X Central Colo. Water Conservancy Dist. Brighton _Panhandle Eastern Pipe Line Co. _Fort Collins X Tri-Area Planning Commission Greeley X Left Hand Water X Longmont West Adams �i EXHIBIT COMMISSION/BOARD MEMBER I X Judy Yamaguchi -g U /0O- 940814 DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140C. GREELEY, N ORAO AVENUE COLORADO 80631 COLORADO Date: June 30, 1994 CASE NUMBER: USR-1055 TO WHOM IT MAY CONCERN: Enclosed is an application from Twin Peaks Excavating - Schell Pit for a Site Specific Development Plan and a Special Review permit for a dewatered gravel mine in the A (Agricultural) zone district. The parcel of land is described as part of the NE4 of Section 17, T2N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1/4 mile north of Weld County Road 20-1/2 and approximately 1-1/4 miles west of Weld County Road 7. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by July 14, 1994, so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: Agency: Date: 940814 I ��5jj i `ticJl�r�' WELD COUNTY, COLORADO { I : • USE BY SPECIAL REVIEW APPLICATION�� JUN 3 0 1994 k. for {� MINING PERMIT Wald County Planning 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: ! Lk" Recording Fee Receipt II: Receipt Number: ft- t 3D$ Application Reviewed By: To be completed by APPLICANT in accordance with procedural guide Requirements: 1. I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission concerning a proposed Gravel (gravel, coal, borrowpit , etc.) mining operation for the following described unincorporated area of Weld County: LEGAL DESCRIPTION See attached Exhibit A IL _._ �_ . EJCHIBIT TOTAL ACREAGE: 28.7 2. Surface owner(s) of area of land described Name: Judith Ann Schell Address: liS2n Niwot Rena Phone: (303)665-8785 Name: Address: Lonswant, "al snIn Phone: 3. Owner(s) of mineral rights to substance to be mined Name: Judith Ann Schell Address: 11820 Niwot Road Phone: (303)665-8785 Name: Address: Longmont, CO 80501 Phone: 4. Source of applicants' legal right to enter and to mine on the land described: peed of trust and attached Exhibit 0 (Attached certified copy of any document noted to the back of this form) Kenneth Schell 5. Address of applicant and general office Twin Peaks Exc vating Inc. Applicants addressL11802 Niwot Rd. Longmont 80501 hone: t303)665-8785 General Office address: 2000 South 120th Street- Phone: (3031665-8785 Lafayette, CO 80026 6. Identify any prior permits for mining h�ld by applicant or affiliated person: M-91-1.23 94 140 • 7. Description of Operation a. Types and number of operating an processing equipment to be employed: , Excavator or backhoe/loader will he used to ctr4p ar4 stockpile topsoil and overburden.: Gravel will he lnad.4 fro+' pit directly onto scrapers No processing:will he done nn-site The mining pit will be dewatered during mining, Rxhihit C f, 11 of the NLRD 112 application b. Maximum number of employees: 3 . and number of shifts: 1 c. Number of stages to be worked: 1 . and periods of time each is to be worked: 5 years: aroximately 12.,5 acres will he disturbed at one time; mining schedule 2n Exhibit D ND RD 112 Application. (attached) d. Thickness of mineral deposit: 13 feet. ,and thickness of the overburden: 3 . s. This will be a wet/dry pit operation. Dry operation with groundwater lowered by pumping f. Site entrance/exit points and county roads and bridges to be utilized between site and delivery points) (must be coordinated with County Engineer): This pit will be operated in 'conjunction with the nparntinn known ac flictel Farm (11SR#R77l by C h M Companies. All entry/exit points-will be the same as for Distel Farm. No additional truck traffic on County roads will be generated by this operation. Distel Farm is operating under a current Road Maintenance Aggreements S. Description of Rehabilitation with the County. a. Proposed. rehabilitation land use(s): Residential with pond for recreation and water storage. b. .Source of technical advice for reclamation:TUfTLE APPLEGATE, INC. 11990 Grant Street, Suite 410, Denver, CO 80233 (303) 45Z 6611 e. Explanation pf Reclamation Process:The sideslopes will be backfilled with shale from the bottom of the pit to form an impervious liner with 3. 1 slOpes. A lined pore wilt have an irregular shoreline which preserves gxisttn nature trees and shrubs Sep Fsbibit E > F in the Ff..RD 112 application. I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY of weld STATE OF Colorado • c Ia) . Signature: Owner/Authorised Agent • Subscribed and sworn to before me this 2 day of may.+\. 19Sy SEAL 110TARY lug°L • My Commission expires 3 . . . 940814 IIf AR2267127 _ __ B 131_ ,(EC 02267127 10/25/91 10:27 9'.. . .00 1/003 ) n,e,tt nit%, _ __ F 0125 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • 4.1 ; �I \' DEED OF TRUST 1 eels INDENTURE.Slade nits 4�S-r nay„l October In 91 .bemire. ' • Judith Ann Schell amo,.address,. 11820 Nlwot Road Longmont CO 80501 • hen:mahar relcned to a,grantor,:and the Public Trnsee of the Weld 'county of a irate of Colorado.tic reindict re erred to a,11hb, rnuw. 11'@S\4171 IIT V. L\ IIP:NI'\\ )6 Grantor \\ . • b.',executed a pre most ry note am.hereinafter site ltd to in the.ngular.dated October 15, 1991 .to,the . • pinnpa sum ,1 sixty-two thousand and no/100 ($62,000.00)--uar,.m pa)ahhehllherndrrot '., , Cottonwood Land and Farms, Ltd. , a Colorado Limited Partnership, • „cr,waddres,ls 4770 Baseline Rd. , Ste. 300, Boulder CO 80303 alter the dale hermit,with imctst°main Inrm,hc date melted ,nci a2.' f� ......,,err. psOliA I.'b44410) lretame per armvm.p:e,hle in equal semi-annual payments of .. , p ' 1• � interest of 30,029.28 each, beginning April 15, 1992, 3 paf{dl lldihd� qn October 15, 1996. 11.,%sk • �M a )V111h4 .Th grantor I J I securingP t' l th principal and t r L, id Pn n,wn m m nv w hose handhandmaimer the A 4 _ , . . nice or any tl th J-y be 1t NOW.MLR!FORE.flu:grEmir.ir ' de ! t the pnrimses andl the purpose alitre'id.Jas hereby gran' befall'.sell aide ) LEd unto the said Public Trustee to trust toroth.the follow rep described properly.situate in the County of Weld Slate of Colorado.to• it. I '1.'1a • 90 Vs o . Lot B, Corrected Recorded Exemption No. 1313-17-1-REHH&', being a '; Ir1 O part of. the NE1/4 of Sec 17, T2N, R68W of the 6th P.M. , Weld County,l O3/4OO Colorado. As per map recorded July 20, 1990 in Book 1270 as I, Reception No. 2220722. I I 'I Together with a non-exclusive easement shown on the attached IIIIj I Exhibit A. rh . Also together with twc :2) shares of the Giddings Plumb, and Dailey Ditch. Q; III (Grantor is allowed to remove sand and gravel from the property C ' under the 'germs of this Deed of Trust.) _ 'I 11 !: I also known tr y skeet and number a. 'U � l TO HAVE AND'1O11O1 Ilthe same.nether ill all and singular the pin liegesndappurtenances th then:unto belonging In Trust th I that IJ fault in the payment f Said 000:01J11) ftA y lee, therein. the Sy t 1interestit n "' J F th t' r'and fl 'I t tit id t run) fth the p: I fm yl h ',..1 'P e t 1 t I haIIM rJ ten' f ,I' n j • { or bred:hot any oltd terms.c net il nil eltirfllenth le real CarlIalned.the he t' th hips:under or the legal hIJ r oftl nd ht J d h by may dia lore a Mokilioltf any ofth ls his herain contained andelect t J rl said pipe fly mr salearid demand. h sal then. upon fl g n t t !such clesiiiiiid demandt I with the Pub' Ttusice,w ho shall unon receipt of such not f electionand demand f a n the same t Mrecorded il W Ilicf @ county which. 1 alt, situated,it and ybelaw it 1 Ili Pub( T t II a cop) I ! It' sell and dispose of the in pent porch.nth I Pohl Trusts,:n)th k hew.and all gh nit sod of the an tut , '11 h h o' f 'beret..atl bit t it the f f hc( ttl th ( f Weld II Stet rCl ad aldp. )(drub f. p, ( J it I I f th highest the p h aiamia v.Ill Nn CaSh.lour weeks public Matte has mg been preciously gisen olth time and place I such mile,h adscomment.v.aegls. some newspaper 01 g l ciraulaiion al that unit puhltshed in saidCounty ol Weld i copy oflit nonce shallhall h d ' , w Own ten day s front the date of the arm pobl thereat io the grantor the addles.herein'then andI it ermin. persons Jpf.Off gtik'tse acquired a subsequent fcordnteret in said real olaic at the address poen tit the recorded instrument here onlyth my and sum IS gels the address then such now:shall he mailedt the eimnty seal,and to make nd give in the purchaser or purchasers I siichp pen)at such sale.a ceritheuic r certificates'n writingdescribing 'hp perry put:pui:hased.and the sum rum paid therefor.and theime when the purchaser r purchasers nr Ohm pemm entitled ihereitil shall be entitled to ads I or deeds therefor.unless the same.hall be redeemed as Is pre del by law:andsaid Public Tro t e shall. pm demand by the person or persons holding the said,.enilicale,aenliealsof purchase.when wort demand is made,or upon demand by the person II entitled to a deed"and law the property purchased at Ile airmsuchdemnd r.'made.ila,1,0w for redemption having mond.make and execute iii this h I , • person or Pe na deed or to the said property purchased.which sand J d or deeds shall he in the ordinary form of a connvance and shall he maned.ackn dg t' d dal d by th 'd Pub1 fat 'nJ h' I nd quit't , I p.. persons entitled to such deed.the hod property purchased of and all the right t rem , hilt and e IitY of redempt nth grantor.his hftsand assigns therein.and h ll recite the sum or sum for which the propeny w sold mil shall refer torte power of sale therein contained and to the sale or sales made by smile therein.and in CJW id an assignixent 01 such serf li-e or el:tithe:6w,of purchase. w in east Of the Seep Ion til such proNos.by a b quent encunibtancer scab assignmentten redemption shall alw he relerredt hdeed ordeeds.but th an f sale need nor hews OMIt h decal or . , deeds and the Public Truce shallot of the proseedsorathilsoluh sale,'f er list paying andretaining all lees. h f and cosisof melon)!caidale. pay to the bn'e'main hereunder or❑e legal holder of,Jdmr the prneipa'ad interest due cm said note acc rdtng to the tenor and ctec,mendd and all • minim. J- Ih.such I > legal h IJr I J now tor ran( lasesaid a mil ' Into I Pd Per ', rendering 0 einciplus.II ans.unto the granny.hit ICSal p t )110 sale of salasand said doe oreeds l. ad shall be' perpetual bar.lath in law and eql,,t y.ag l.t the grant 'his ha .,nJ amigns.and all Mho p• '!aiming th l proven or a >prflnmoths, ' . twin,rh'ugh' runder the grit — p ftF The bolder r h l r 1 Inow or noes y pu h d p P Y J 'p . mil be ohbcanrrs utaan Ilia purch asar or p rah:scr,a' such ale t 's t the with:anon n of the pmeh:.se money If:masse deed be rep red.n,s ' agreed that the grantor.his heirs or a„igu,.well p i the opens Hamel 'I(in Iknser.Inert''catty and.' . I. yo.lfi'.Iles.LM. VF.bp In tat s'mato Dusky'With tM an Soh t'Iwm Inwlnne pauloain.,41a'n ah Am lahmn,uai(bill,:to- Iali :1.Meal 94081 ; i','. e, • rajIi y ('! 11 1315 REC 267127 10/25/91 10'27 (15.00 2/003 .fir •' • 1' 0126 MARI ANN FEUEABTEIN CLEAR 6 RECORDER WELD CO, CO• F . And the geanlor for hunw II and his hens.personal representatives or assignscaenanls and agrees 0 and with We Public Trvsne that ache i mu of p. the al gel andll y eel lhse presents he II seized of the said land arid irnemenisin fee sr pie.and has gaits]right,full power and lawful •%. authority to gram bargain. Il and' yth re us the manner and tintas ale d'hereby fall)and absolutely egad releasing allrgh and Clams he may base n or to id lands.tenemems.and property as a Homestead Esentption.or other exemption.under and by virtue or any aci ol Mt General AAssembly or Stn all ail r ex.:nutria under and s ante of may act the U mid Slat l ngress m d w tin' or u huh may �' hereafter he passed in relation Mr rem and that the ume are free and clean or all liens and encumbrances ii hanwi except ' - None . • • and the aline harp nd property in he q um and pea .able p n of Ow Public Trustee.his succewon and awtens.atom'all and every pennt or persons lawfully l, ink of to claim he whole or a part thereof the) a t r shall and I Warrant and F Defend !. r/ - thrill payment airr flull of the indebtedness.the penny shad timely pay ar fines aml Assessments les led onihe property.any and all amounts due onaveo unl 01 principali and-interest asutler sums on any encumbrances.l any.and will keep all impn se t that may he on said lands insured against any casually low.including ex rend: coverage a smpany or repstes meeting the net rah requ t Itheh li r h !iin an • • amount not leas than the then lutal rndchtedness.has h policy stall contain a los,payable clause naming the hnlierary as mamp g e arid shall I nlier provide that the iinsurance may not toe caneeledupnl han ten days verb notice lathe beneficiary.At he optional the beneficiary.the original policy , • or porkies ies 01 Insunnee shall he delivered to the beneficiary as further sesuric)for the indebtedness Shot Id hr grantor fail Ira•insure and deli.er the e pail pay rases ments as the same fall due. repay ans amountsprabl up n b. 0 any.We Murrimay any I sash paymenis or procure' )lall:ll insurance.and al monies so paid with interest thereon r ihc rue tit 13 ' per 1 Il be added Lir WO i. . twetithe a parr or Me Jbtdnss secured by this Deed lTrust and may ho paid outI the proceeds orlle sal iii IW property it not paid h !rumor In addition and at as prim.he benericiary may declare he indebtedness secured hereby and this Deed of trust to hen deleted hir I'l re to p mute • in.a'nee or make i eq off h paymenis required by r his paragraph. II ell or any pan of he primerty ill Jr.interestherenas sold or aransrnl by the warrior without F l prior writtenconsent.excluding la i he creation or 4 lien or cneumtvrance NuhipiJawiet Worked of Trvt for the s lemon orp h 1)interest for household appliance..i'la 'render by devise. k net or by operation of law upon the death of'JOWL l tenant or till the grant ot an)leasehold inteicair of duce yiiars or less not ciiihainung an opt to purchase.beneficiary may at benl y °pion.declare all lha sumsd by this Deed of Trust 10 dr rensocdiawly due and I payable.Bendierdry shall shall have waived such optiont e1 arc if,prior 10 the al Dander. ruary and the person r whom the pnpny is to be sold or transferred rearfi agreementiin writing that .:redit of such p•rsn',satisfactory to heneliciary and that he merest payable the sums sr cured ' by his Deed c 1 Toil shall be at sus h rate as beneficiary shall request. AND THAT IN CASE OF ANY DEFAULT.Whereby the right of foreclosure occurs hereunder.the Public Trustee or the holder of said note or , certificate f purcha shall al once become minks'no the p sessiu use and enJoynieni irt the properly aforesard.and to the d marts therturt.than the accruing of such right and Junin:the pendency of foreclosure proceedings and the period ol redemption.it any them he and swab possessioshall atune he Jerome.'to We Public Tnmee or the holder or l rote or ecridicatet p has on request.and on Musa'.the delisery of such p seswim may be mimeos'by Ow Albin Trustee x the holder idsaid nine ore till's l purchase by any apparpriatecod. t or proccoding.and the Public Trustee.v the holder of saidna r swine:ire ol purchase.orany'hr f he'he milled ma Receiverer tor said pmpeny.and 01 thy rents. 'sues and pndits thereof.after suchJfclt Including the timecmcred by f rei sort pyre J g and the peril I redemption.if any therehe and shall i. he entitled thereto as a unmet ofright a ilh ul regard^ew'solvency orire. I' wt'olh gran loruirol the then owner f saidp Nny and w Rheum regard to the value thereof,and such Receiver may he appointed by any court ofco compete'runsdution upon ea pane appl anion and without^note—notice hang hereby expressly waived anu all rents.issues and profits.iincome and revenue therefrom shall he applied by such Receiver to the payment of the 1 indebtedness hereby secured,according to the law and he orders and Mei:moons art the court AND.That iincase ofJ default in any ol said p-yme t. f prnlpalw interest.amord.ng t0 We tenor toddled of NWpromissory note aforesaid.of olthem.or any pan therm*or ofab h or siolanon ofany f thecovenantsor agreementsherein.by the gram r.his personal repRIScritetrYcs or assigns, Wen ancl d the themon holder hereof.l case Me become due and payablole rif said e.and thesad ran hereby ny be sold in the eannerrand withtth the snne efleel es d said ndehrenne at once.o had the maturedtion of'and Cme har Tfre ! arch 'tebyh Punw Tmtec axxra .IXMUtofr a reasonable attorney's fee dialus .K for se e.in the m.' of saidf i proceedings shall be allowed by We Public Trvslee as a pan of'he cost of foreclosure. d f fintylosure be made through ht courl,a reasonable amore)'s fie shall he used by the m ure as a part of the cosi of such foreclosure proceedings the singular number shall include he plural the plural he singular,and he use of any gender shall be apph able to all genders li se.uteri rhio 21st day of October pa 91 f' A211121. (1 � ' I /7-'udith Ann Sc • nr u, 1 -._— { t. • • • • Slate I i is sf Hilo loss —__--_ -- , Cn nt Boulder J • a e e• 0,14ErQe was acknowledged below Inc in the C'oumv of AOU lder . , 1' do 4o .his 21st day of October .w 91 .b) Judith Ann !a 917JAR \j�� truss . ,J WI 6p,� i � t4a e PI a August 15, 1993 I` 1,, e4770 Baseline Rd. , Suite 300___ ,0MmnMapp+' Boulder CO 80303 • Li; y ;i F C O S F N • is 0 IO„ V a T < tea III I D {CJ 3 OV _ F ; E I II u E E _ I t e E Y C 9408 - r ,. 1 i , v B :1315 REC 02267:127 10/25/91 10:27 $15.00 3/003 � �„ F 0127 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO tr EXHIBIT A • Together with a non-exclusive easement for ingress and egress for shall be�lshared ential equally between wtheeownersurposes as shon blow. Tof Exemptiohe n 1313-17-1- RE915, Lots A and B. p A strip of land, 15.00 feet in width, extending from a line that bears N00'17'00"E, Westerly and Southerly to the East-West Centerline of Section 17, located in the NE1/4 of Section 17, T2N, R6BW of the 6th P.M. , County of Weld, State of Colorado, said strip of land being 7.50 feet on each side of the following described • Centerline: 4%.`.C,dismencing at the E1/4 Corner of said Section 17, thence NB9'45'Y1'!W, 1314.09 feet along the East-West Centerline of said nd conveyed . . tocJamesli4.7tStrahanoandwLindaoL eStrahanr of aast t described ract of a in Warranty . Deed recorded in Book 0979 at Reception No. 01906047 of the records , , of Weld G County, Colorado; thence NO1'19'00"E, 623.89 feet along the , West line of that tract of land as described in said Book 0979 at Reception No. 01906047 to a Northwesterly Corner thereof; thence 889'27'00"E, 1.50 feet along the Northerly line of that tract of land as dscribd thence N OB 17100"e 7 0@ E,i97.1 • feet to the TRUEPOINT OF BEGINNING n said Book 0979 at Reption No. 47, Thence 558'33'00"W, 11.20 feet; Thence N87°49'00"W, 24.79 feet; 111 Thence 502'11'00"W, 421.73 feet to a point of curve to the right; } Thence Southwesterly, 77.49 feet along the arc of said curve , to a point tangent said arc having a radius of 120.00 feet. a central angle of 37'00'00" and being subtended by a chord that `` bears 520'41'00"W, 75.15 feet; Thence 539'11'00"W, 121.53 feet to a point of curve to the fir, . left; Thence Southwesterly, 84.78 feet along the arc of said curve to a point tangent, said arc having a radius of 150.00 feet, a central angle of 32'23'00" and being subtended by a chord that bears 522'59'30"W, 83.66 feet; Thence 806'48'00"W, 51.59 feet to the East-West Centerline of said Section 17 and the EMU OF TEPMINATION° • • . 4 • fj . 4 a - I -C. __ B 1314 REC 02266912 10/23/91 13:51 $10.00 1/002 *R2266912 • F 1843 MARY ANN FEUERSTEIN CLERK i RECORDER WELD CO, CO WARRANTY DEED '' THIS DEED,Madeihls 21st day of October .19 91 , t: ' between Cottonwood Land and Farms, Ltd. , State Documentary Fee • 'i a Colorado Limited Partnership 27 Ii • of the $ �a61 t.• County of Boulder .Stale of Colorado,grantor(s)and I!I if ,,1 L Judith Ann Schell i t i • Ii mm44844ue:is 11820 Niwot Road Longmont CO 80501 i Thousand of the County of Boulder .Stale of Cole redo.gragrapnels): I • VVprplEtkgETH,That the Bmn:nsk for and b ewsidenDoo of the sum of Eighty—two II and No/100 ($82,000.00) DOLLARS. I� I the receipt and sufficiency of which is hereby acknowledged,ha S granted.bargained.sold and conveyed,and by these presents doe 5 grant. bargain.tell.convey.and confirm.unto the gnnteeag, her heirs and assigns forever all the real pmpeny,together with impmvemenu, if any,situate.lying and being in the County of Weld .State of Colorado, ` described as follows: • I Lot B, Corrected Recorded Exemption No. 1313-17-1—RE915, being a -i. part of the NE1/4 of Sec 17, T2N, R68W of the 6th P.M. , Weld County, . IColoradL As per map recorded July 20, 1990 in Book 1270 as Receptio No. 2220722. � Together with a non—exclusive easement for ingress and egress for l,lresidential purposes as shown on the attached Exhibit A. Also • Ijtogether with two (2) shares of the Godding, Plumb and Dailey Ditch. ' I • I also known by seen and number as: none TOGETHER with all and singular the h...Moments and appurtenances thereto belonging,or in anywise appertaining,and the reversion and incisions,remainder and remainder rents,issues and profits thereof,and all the estate.right,title.interest.claim and demand whatsoever of the grantorls).either in law or equity,of in and to the above bargained premises.with the herediuments and appurunances. TO HAVE AND 1 O HOLD the said premises above bargained and described with the appurtenances,unto the granleeoc, her heirs and ll • assigns forever. g r And the ram for gramme). i.L sel f, heirs and personal: senuuvcs,do cove Pr° e i rant,grant.bargain,and '�,!! ! agmcmand with she gmmttep, her heirs and auigns.that:the time of the enxalingaM delivery of these prexenu. it 1S welt seized of the premises above conveyed.ha S good.sure,perfect,absolute Sr :inde(nsible estate of inheritance in law, in fee simple,and ha S good right,full power and authority to grant,bargain,sell and convey the same in manner and form as aforesaid.and that the same ate free II and clear from all former and oil er grants,bargains,sales,liens,tates,assessments,encumbrances,and restrictions of whatever kind or nature soccer.r. • e p easements, restrictions, and reservations of record; also ll, !I excepting 1991 real estate taxes due and payable in 1992, which ii iZ ill Grantee hereby assumes and agrees to pay.I' I iI £ The guntora)shall and will WARRANT AND FOREVER DEFENDehe above-bargained premises inrxquieund peaceable posseuionofthe � graateeG. her AX kin sad etign,,against all'ad every person or persons lawfullyclaiming the whole or say part thereof IN WITNESS WHEREOF,the grantorlsl have executed this deed on the date set rah far i i , COTTONWOOD S, L LAND AND above. _ ' ii B r 110Ld1• a ner .• . • . General Par tner • STATE OF COLORADO Boulder ,a. , • County of } •T gpirtna' s was acknowledged before me this 21st day of October .19 91 A , in.• ;ticDowell, Jr. and Scott A. Patten, General Partners. • C•• •M^®tsyup<afM1l�i'AugUSt 15, 1993. Wimen my hand and official seal. Igl /44 a_ 1,f 'a Sinus,Welts )•% 8tri C.' • 4770 • Baseline Rd., Suite 300 o°'ec/a** Boulder CO 80303 • 'If%NDmryer,span"City and". • No.932.Re.3.85. WARRANTY DEED nor Pnwgn tlfw pmr Reruns) BhdlWb. MY Wg. b W em Me.takewd.fnm2u— n 5101i s.uan ,... 4 94081 • A * 0 • 401 B 1314 REC 02266912 10/23/9]. 13:51 1 S 0.00 2/002 P 1844 MARY ANN FEDERSTEIN CLERK 6 RECORDER WELD CO, Co EXHIBIT A .41 Together with a non-exclusive easement for ingress and egress for residential purposes as shown below. The maintenance of which shall be shared equally between the owners of Exemption 1313-17-1- RE915, Lots A and B. A strip of land, 15.00 feet in width, extending from a line that bears N00.17'00"E, Westerly and Southerly to the East-West Centerline of Section 17, located in the NE1/4 of Section 17, T2N, • R68W of the 6th P.M. County of Weld, State of Colorado, said strip of land being 7.50 feet on each side of the following described Centerline: Commencing at the E1/4 Corner of said Section 17, thence N89.45'll"w, 1314.09 feet along the East-West Centerline of said Section 17 to the Southwest Corner of that tract of land conveyed to James M. Strahan and Linda L. Strahan as described in Warranty Deed recorded in Book 0979 at Reception No. 01906047 of the records of Weld County, Colorado; thence NO1'19'00"E, 623.89 feet along the West line of that tract of land as described in said Book 0979 at Reception No. 01906047 to a Northwesterly Corner thereof; thence 589.27'00"E, 1.50 feet along the Northerly line of that tract of land as described in said Book 0979 at Reception No. 01906047; thence N00'17'00'•E, 97.04 feet to the TRUE POINT OF BEGINNING; • Thence S58'33'00"W, 11.20 feet; Thence N87.49'Oo"W, 24.79 feet; e . Thence S02.11'00"W, 421.73 feet to a point of curve to the right; Thence Southwesterly, 77.49 feet along the arc of said curve to a point tangent said arc having a radius of 120.00 feet, a central angle of 37.00'OO" and being subtended by a chord that bears S20.41'oo"W, 76.15 feet; Thence S39.11'00''W, 121.53 feet to a point of curve to the left; Thence Southwesterly, 84.78 feet along the arc of said curve to a point tangent, said arc having a radius of 150.00 feet, a central angle of 32'23'00" and being subtended by a chord that • bears 522'59'30"W, 83.66 feet; Thence 506.48'00"W, 51.59 feet to the East-West Centerline of said Section 17 and the POINT OF TERMTN.1Trom. tie . !„., __ a , F 0830 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO iHELI i OF s' 1 CORRECT # •' � ,Iv t�` 1313-17.1 RE 915 • es:„,,) ,„-.e97,' '' RECORDED tEXEMPTION NO. 4 Yni r. ii5: r1 a sy1'l 3r�f; Fd) e , i, f ° NE COR. SEC. 17 '^ J: ft (FOUND. 4 REBAR y W/YELLOW CAP) J L ? ',R' flr. TRUE PO/NT / se9°2ooe"w 489 30 w l ?a'� 'f OF BEGINNING 283 51 1' 327.96 r (,y'I II" !F'.., `,v.: f N L/NE NW!/I U`IT •i7 eriryk°/`CI _,1 '>" .. j - SEC./6 ti 'r•, " 'r{� 389°28'40"* " 1059 39 ° L ✓ ' I-•-• •N27°61.0/1'6 . - / r ,iHy•+Yf ,�' t 19a 67' . !i 1 W NIO°2D 00"E _ 113.46 r o o I n a t1 i•" O N SCALE : I" = 500' : .. 277,70' 5 O 500 W t e $52669o•C !yam", • 829'1000"E QOC I m r i r2. '104.43 i V °3 ! P N32°34'00"E I w ) N33°3000"C A y° . 189.73' • ZN r 0.. ,157.69I. 10 70 , V 0' N29°51'00•E Vii. ry. 182.91 Rm °oo .N30°12 �E L Q. , .' J w 29614 I r.} P� N31°04'00"E . •: � , 214.87, O� N89°32'00"W 1323.23 O 'D N39°501001.1 . • 4.') ,b•0 `b‘o to.ti'� 2,t BOOK 924,ino•, LOT • • . , . i° „q \1 vet. d ; .1t)r. : . b REC. N0. 1846209---#Vr „^, AREA=61.826 ACRES, /- - d o04' 0°44 °A4° A N3O93O.OO"E '.°' • . • •• 858°33'OO"W .11.20' �Y1�0 M6 4 9N1p009 ' 527.03' N87°49'OO. 24.79' - APPROX. EAST BANK OF 97.04' BOULDER CREEK 502°11'00"*.421.72' „ ;j' N19°27 00 E 187 26 • •,�" N70°1000 [ • 1 :'o -. R•120.00 ;:T9.21 'r a.37°00'00 ,. r..' °- CH•420°41'00 W N04°49 00 W ' w 76'15 131 "° CENTERLINE OF 151 , ACCESS ' - - L 39°11'00 W a1.as• �• ,69 27'00"[ ,; EASEMENT ' w . R•150.00 y;' ;.1. N01°19' E 62399 , I • L Ss 6.32°23'00" BOOK 09• ' 0„7 CH•822°59'30"W AC CE88 REC. NO. , WELD COUNTY ESMT. ROAD NO 20'YE •-r pe 00.•. 406. 08 �., °40 00 OOZYv 51.59' NB9V 5 14 W 3161.24 • 389°4511 E 4, 840.•9 ,, f. ,7. N89°4;I I W .' :; I , . . o t •' (:. A E-W CENTERLINE SEC. N 889°45'11"E! EI/4 COR. 1. ' W1/4 COR. OF SEC. 17 (FOUND#4 REBAR W/ALUM. THE 6TH P.M. CAP MARKED" D.B. a CO. - (FOUND #4 REBAR:) • L. S. 17664" ) r VICINITY MAP (-1.00''' II1j1' • ' SCALEI I' R 2000 ' 1 . 1 ' 4. 111p r d , P5 y, r t 1 - ' • // •;4.1 Y r I 174�� It,F.ir�a1 9 8 J1�/9 ' IN ACCORDANCE WITH CRS IlO137 k • ''1 NOTICE:ACCORDING TO COLORADO lAW YOU MUST COMMENCE ANY LEGAL ACTION BASED - UPON AMY DEFECT IN THIS SURVEY WITHIN SIR YEARS AFTER YOU FIRST DISCOVER SUCH Y i 16 ., DEFECT.IN NO EVENT,MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COM.MENCED MORE THAN TEN YEARS FROM THE DATE Of THE CERTIFICATION SHOWN HEREON. I .,..-w PREXPL, BARRELL & CO.--SBA"' -.13/4',;')4.') • ; I . . ''' ENGINEERS-SURVEYORS ..- . ;, •7.,P` 1 ' '.1700 MM STREET ,, iEOULDER,COLORADO EMI't' 0077 H7-OM lt0•l' iirl' II I WELD CO. RD.N020Y •v( u DRu brawn By lob No, 4°o- • �J° 4/`22/87 W,DEES 4843 - 7 l 96 WD kale.,., t Checked BY Drawing No. • �1I^ .'\ • I" • 500' W.K.W. IN FOLDER °y ' �.. I P1 IIA fir llfrcnrfq`4nf14 ' SHEET 2 OF 4 CORRECTED . ZECORDED EXEMPTIO. NO 1313- 17 1 - RE915 LEGAL DESCRIPTION A`TRACT OF LAND LOCATED IN THE NW1/4 OF SECTION 16 AND THE N 1/2 OF SECTION 17, ALL IN T2N, R68W OF THE 6TH P.M. , COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS . FOLLOWS: COMMENCING AT THE E1/4 CORNER OF SAID SECTION 17 , THENCE N89°45'11 "W; 1314.09 FEET ALONG THE EAST-WEST CENTERLINE OF' SAID SECTION r17'TO THE SOUTHWEST CORNER OF THAT TRACT OF LAND CONVEYED TO JAMES M;AASTRAHAN •AND LINDA L. STRAHAN AS DESCRIBED IN WARRANTY DEED RECORDED IN BOOK 0979'AS RECEPTION' N0.401906047 OF THE RECORDS OF WELD COUNTY, COLORADO; THENCE NO1 °19'00"E, 623.89 FEET ALONG THE WEST LINE OF THAT TRACT OF LAND AS DESCRIBED IN SAID' BOOK 0979- AS RECEPTION NO. 01906047 TO A NORTHWESTERLY CORNER THEREOF; THENCE S89°27'00"E,''1 .50 FEET ALONG THE NORTHERLY- LINE OF THAT TRACT OF LAND AS DESCRIBED 'IN SAID BOOK 0979 AS RECEPTION NO 01906047; THENCE N00°17 '00"E, .516.31 FEET; ',THENCE N53°56'00"E, 580.53 FEET, THENCE N30°12'00"E, 296.14 FEET; THENCE'N33'30'00"E,' 157.69 FEET; THENCE N59°58'30"E, 288.91 FEET; THENCE N11 °10 '30"E,' 622.69.FEET TO THE TRUE.POINT OF BEGINNING; D IL THENCE 589°28'40"W, 1059.39 FEET; 1/1\- 4,•,„ THENCE SOO°51 '45"W, 1300.05 FEET; }Lig O ^4 THENCE N89°32 '00"W,- 1323.23 FEET; �� ,? THENCE SO1 °14'00"W, 925.64 FEET; . THENCE 550°51 '00"E, 628.59 FEET TO THE EAST-WEST CENTERLINE OF SAID SECTION 17; THENCE S89°45'11 "E, 840.09 FEET ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 17 ST TO THE SOUTHWEST CORNER OF THAT TRACT OFHLAND AS DESCRIBED IN SAID BOOK 0919 AS .: .. Ya, RECEPTION NO. 01906047; I THENCE NO1 °19'00"E, 623.89 FEET ALONG THE WEST LINE OF THAT TRACT OF LAND AS DESCRIBED IN SAID BOOK 0979 AS. RECEPTION NO.' 01906047 TO. A NORTHWESTERLY CORNER THEREOF; THE FOLLOWING COURSES AND DISTANCES ARE ALONG THE NORTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN SAID BOOK 0979 AS RECEPTION NO. 01906047; THENCE S89°27 '00"E, 155.64 FEET, THENCE N04°49'00"W, 131 .92 FEET; THENCE N18°06'00"E, 60.22 -FEET; , THENCE N50°10'00"E, 78.21 FEET, -THENCE N60°53'00"E, 202.55 FEET, ' THENCE S47°14 '00"E, 408,84 FEET TO THE WESTERLY LINE OF THAT TRACT OF LAND CONVEYED TO COTTONWOOD LAND AND FARMS AS DESCRIBED IN WARRANTY DEED RECORDED ;. IN BOOK 924 AS RECEPTION NO. 1846209, OF THE RECORDS OF. WELD COUNTY, COLORADO; THENCE LEAVING THE NORTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN SAID BOOK 0979 AS RECEPTION NO. 01906047, THE FOLLOWING COURSES AND DISTANCES ARE ALONG THE WESTERLY LINE OF THAT TRACT OF LAND AS. DESCRIBED IN SAID BOOK 924 AS RECEPTION NO. 1846209; THENCE N19°27'00"E, 187.26 :FEET, THENCE N30°30'00"E, 527.03 FEET, THENCE N39°50'00"E, 201 .97 FEET; THENCE N31 °04 '00"E, 214.87 FEET; , THENCE N29°51 '00"E, 192.91 FEET; THENCE N32°34'00"E, 189.73 FEET, , THENCE N29°10'00"E 104.43 FEET ' THENCE N08°14'00"E, 277.70 FEET, el+r; F,*k THENCE N10°20'00"E. 113.48 FEET; THENCE N27°51 '00"E, 196.67 FEET TO THE NORTHWEST CORNER OF THAT TRACT OF LAND AS DESCRIBED IN SAID BOOK 924 AS RECEP,TION NO, 1846209 AND THE NORTH LINE OF THE NW1/4 OF SAID SECTION 16,`;" `' ,t THENCE LEAVING THE WESTERLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN SAID BOOK 924 AS RECEPTION NO. 1846209, S89°30'16"W,` 327.96. FEET ALONG THE NORTH, LINE OF THE NW1/4 OF SAID SECTION 16 TO THE NORTHWEST,CORNER THEREOF; THENCE 589°20'08"W, 263.51 FEET TO THE TRUE POINT OF BEGINNING. SUBJECT TO A RIGHT-OF-WAY FOR WELD COUNTY ROAD NO. 20-1/2 OVER THE SOUTHERLY 30.00 FEET OF THE ABOVE DESCRIBED TRACT OF LAND : , ( SEE SHEET 4 AREA 90.476 ACRES, MORE OR LESS. OF 4 FOR LEGAL DESCRIPTION OF ACCESS EASEME940814 _. .ffi�.n''F[li..11"�."S`"➢'�:um miF1S'sII1-L:iLI.'LS 1d^C':•zr: z _,,£,' :�w�.:SG.:.'?:v`Sa aSA.:::^n;-+'x TS..'R9M v."t?.0 < i":.:v;:'.-� p .. SHEET 3 OF 4 CORRECTED RECORDED EXEMPTION NO. 1313-17-I - RE915 - - - '*IIs0PiNd cra r. SURVEYOR'S CERTIFICATE r ,._ I HEREBY CERTIFY THAT THIS PLAT WAS PREPAREDSUND ONVIII8lAi RVISION.AND THAT ' THE SAME IS CORRECT TO THE BEST OF MY ; KNOWLEDGO •it ////i ' II ' ')RICHA's 'J%:Y'S : ': — , - , ,cCOLORA G :.'.FISSIONAL '. i 0RRR^ NO. 1,4/4 LIN• .OWNERS CERTIFICAf'frn�/milm N �o��`�,, ' I , SCOTT A. PATTEN, AS MANAGING GENERAL"PARTNER 'OF COTTONWOOD LAND AND • FARMS , A GENERAL PARTNERSHIP, BEING THE SOLE OWNER IN FEE OF THE ABOVE DESCRIBED PROPERTY DO HEREBY SUBDIVIDE THE SAME AS, SHOWN ON THE ATTACHED MAP . COTTONWOOD LAN ARMS• SCOTT A. PAT EN • . . MANAGING GENERAL PARTNER STATE OF COLD DOSS COUNTY 0030t✓) THELOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS Z___ ___DAY OF tine WI a AND SEAL. ' y ,. `- I e -Jul-9� . ,P.f-a )�h ,ti- likmISSI(A14 IRES: 6 �_� / A , re P�g�ICs4rct4 tlEANIBRS4tfT@f . !0- �`�; coma ' o ' ti_ '( 16362 NJ t '•°fir tr ,cb' ADDRESS COUNTY COMMISSIONERS' CERTIFICATE , 4. '` THE ACCOMPANYING PLAT IS. ACCEPTED AND APPROYEDFOR FILING._ :9n .ilk- • 1 r r )1/-h'/l/ • '/ e C?'4' � t � ry 211 O. I 4 1 ra t 1� A �. ` ' CHAIRMAN, BOARD OF COUNTY,,COMMISSIONERS f'� -4 1 �� a, ter/ ry ATTEST: COUNTY ERK ' , DATE: Wa 8 ?° 1 . BEARINGS ARE REFERRED TO THE EAST-WEST CENTERLINE OF SECTION 17 , T2N,• R68W ' ' OF THE 6TH P.M. AS BEARING N89.45'11 "W. ' • 2. FOUND NO. 4 REBARS WITH ALUMINUM CAPS MARKED "D B. & CO. L.S. 17664" AT ALL EXTERIOR BOUNDARY CORNERS. ' '"4"."''”1.41 . ' ' ' 3. THE INSTRUMENT RECORDED IN BOOK 86 AT:PAGE 273 ESTABLISHED COUNTY ROAD " • RIGHT-OF-WAYS 30 FEET ON EACH SIDE OF ALL' SECTION AND TOWNSHIP LINES IN THE PUBLIC DOMAIN IN WELD COUNTY IN T2N, ,R68W: OF THE 6TH P.M. 4. THE INSTRUMENT RECORDED IN BOOK 86 AT PAGE 192 GRANTED A RIGHT-OF-WAY TO THE DENVER, UTAH AND PACIFIC RAILROAD, 100 FEET 'IN WIDTH, OVER PORTIONS OF THE NE1/4 OF SECTION 17, T2N, R68W OF THE 6TH 'P:M: WHICH IS NOT SPECIFICALLY DESCRIBED AND THEREFORE CANNOT BE SHOWN'ON;:,THIS MAP. ' • ' 5. THE INSTRUMENT RECORDED IN BOOK 25 AT PAGE 62, RESERVED A RIGHT-OF-WAY OVER PORTIONS OF THE SW1/4 OF THE NE1/4 OF SECTION 17;: T2N, R68W OF THE 6TH P.M. WHICH IS NOT SPECIFICALLY DESCRIBED, AND THEREFORE CANNOT BE SHOWN ON THIS 1 MAP. 9408 4 fi • SHEE I 4 OF 4 CORRECTED RECORDED: EXEMPTION NO. 1313-17-I -RE915 AT THE REQUEST OF THE DIVISION OF WATER RESOURCES,• THE;:FOLLOWING CONDITIONS AND/OR RESTRICTIONS SHALL BE COMPLIED. WITH., '° °z;,.: • A. THE PROPERTY HAS NOT BEEN PREVIOUSLYSUBDIVIDElf-OR-EXEMPTED SINCE 1972. THE DIVISION OF WATER RESOURCES WILL `N0T,".MAKE ADDITIONAL PERMITS-AVAILABLE FOR FUTURE SPLITS OF EITHER TRACT.' B. THE WELL PERMIT WHICH WILL BE AVAILABLE'WILL BE LIMITED TO USE INSIDE ONE SINGLE-FAMILY DWELLING ONLY. OUTSIDE!.USE FOR ,LAWN AND GARDEN IRRIGATION OR. LIVESTOCK IS PROHIBITED. , C. THE APPLICANT SHOULD .PROVIDE PROOF THAT AN EVAPORATIVE WASTEWATER SYSTEM WILL NOT BE REQUIRED.' THE DIVISION OF WATER RESOURCES WILL NOT ISSUE THE WELL PERMIT IF ANY EVAPORATIVE, SYSTEM IS REQUIRED. ;: ,' ' D. PROSPECTIVE LOT PURCHASERS SHOULD4BE' MADE AWARE OF THE LIMITATIONS ON WATER: USE. • • LEGAL DESCRIPTION . ( ACCESS EASEMENT.) • A STRIP OF LAND, 15.00 FEET IN WIDTH, EXTENDING FROM A UNE THAT BEARS NOO°17'00'E, WESTERLY AND SOUTHERLY TO THE EAST-WEST CENTERLINE OF SECTION 17, LOCATED IN THE NE1/4 OF SECTION 17, T2N, R68W OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, SAID STRIP OF LAND BEING 7.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE COMMENCING AT THE E1/4 CORNER OF SAID SECTION 17, THENCE N89°45'11"W, 1314:09 FEET ALONG THE EAST-WEST CENTERUNE OF SAID SECTION 17 TO THE ▪ 'SOUTHWEST' CORNER Or-THAT TRACT OF LAND CONVEYED TO JAMES M. ▪ STRAHAN AND LINDA L STRAHAN AS DESCRIBED IN WARRANTY DEED RECORDED 1, IN-BOOK 0979 AT RECEPTION NO. 01906047 OF THE RECORDS OF WELD COUNTY, COLORADO; THENCE N01°19'00"E, 623.89 FEET ALONG THE WEST UNE OF THAT TRACT OF LAND AS DESCRIBED IN SAID BOOK 0979 AT RECEPTION NO. 01906047. TO A NORTHWESTERLY CORNER THEREOF THENCE S89°27'00`E, 1.50 FEET ALONG THE NORTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN SAID BOOK 0979 AT RECEPTION NO.01906047;THENCE NOO°17'00"E, 97.04 FEET TO THE TRUE POINT OF BEGINNING; THENCE 358°33'00'W, 11.20 FEET; THENCE N87°49'00'W, 24,79 FEET; ' THENCE S02°11'004W, 421.72 FEET TO A POINT OF CURVE.TO THE RIGHT; THENCE SOUTHWESTERLY, 77.49 FEET ALONG THE ARC OF SAID CURVE TO A POINT TANGENT SAID ARC HAVING A RADIUS OF 120.00 FEET, A CENTRAL ANGLE OF 37°00'00'AND BEING SUBTENDED BY A CHORD,THAT BEARS S20°41'00'W, 76.15 FEET' THENCE S39°11'00'W, 121.53 FEET TO A POINT OF CURVE TO THE LEFT, THENCE SOUTHWESTERLY, 84.78 FEET ALONG THE ARC OF SAID CURVE TO A POINT TANGENT, SAID ARC HAVING A RADIUS OF 150.00 FEET, A CENTRAL ANGLE OF 32°23'00'AND BEING SUBTENDED BY A CHORD THAT BEARS 622°59'30V, 83.66 FEET; THENCE S06°48'00"W, 51.59 FEET TO THE EAST-WEST CENTERUNE OF SAD SECTION 17 AND THE POINT OF TERMINATION. ' 94081 SCHELL PIT WELD COUNTY, COLORADO MINING USE BY SPECIAL REVIEW Prepared For: TWIN PEAKS EXCAVATING, INC. 2000 South 120th Street Lafayette, CO 80026 Prepared By: TUTTLE APPLEGATE, INC. 11990 Grant Street Suite 410 Denver, Colorado 80233 TA #93-170 April, 1994 • 940814 WELD COUNTY MINING USE BY SPECIAL REVIEW PERMIT TABLE OF CONTENTS 1. Permit Application 2. Legal Description and Vicinity Map 3. Source of Legal Right to Enter and Deed of Trust a. Owner of Surface Rights b. Owner of Mineral Rights c. Municipalities Within Three Miles 4. Weld County Comprehensive Plan 5. Compatible Use 6. Health, Welfare and Safety 7. Future Development 8. Water 9. Special Districts 10. Transportation Plan 11. Mining and Reclamation 12. Drainage and Sediment Control 13. Other Permits and Licenses 940814 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 Nearing 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 Gravel (gravel, coal, borrowpit , etc.) mining operation for the following described unincorporated area of Weld County: LEGAL DESCRIPTION See attached Exhibit A TOTAL ACREAGE: 28.7 2. Surface owner(s) of area of land described Name: Judith Ann Schell Address: 1ig n Niaarot Bo,,d Phone: (303)665-8785 Name: Address: 1-nn gynn„t Co g9.SQ1 Phone: 3. Owner(s) of mineral rights to substance to be mined Name: Judith Ann Schell Address: 11820 Niwot Road Phone: (303)665-8785 Name: Address: Longmont, CO 80501 Phone: 4. Source of applicants' legal right to enter and to mine on the land described: peed of trust and attached Exhibit 0 (Attached certified copy of any document noted to the back of this form) Kenneth Schell i 5. Address of applicant and general office Twin Peakc Exc vating Inc. Applicants address:111802 Niwot Rd. Longmont 80501 Phone: r3031665-8785 General Office address: 2000 South 120th Street Phone: (3031'665-8785 Lafayette, CO ggOp26 6. Identify any prior permits for mining h,ld by applicant or affiliated person: M-91-123 94081°4 • 7. Description of Operation a. Types and number of operating an processing equipment to be employed: , Excavator or tackhoe/loader will he used to strip �n4 stockpile topsoil and overburden. Gravel will he lnndorM frnm pit directly onto s.crapers No processing will he Anne nn-site The mining pit will be dewatered during mining, Exhibit C F, 0 of the MLRD 112 application b. Maximum number of employees: 3 . and number of shifts: 1 c. Number of stages to be worked: 1 . and periods of time each is to be worked: 5 years; approximately 12.5 acres will he disturbed at one time; mining schedule in Exhibit D MII.RD 112 Application. (attached) d. Thickness of mineral deposit: 13 feet. ,and ,thickness of the overburden: 3 . . e. This will be a vet/dry pit operation. Dry operation with groundwater lowered by pumping 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): This nit will be operated in 'conjunction with the nparatinn knnnm as Distal Farm (ITSR#S771hy C & M Companies. All entry/exit Points WT.11 be the same as for Distel Farm. No additional truck traffic on County roads will be venerated by this operation. Distel Farm is operating under a current Road Maintenance Aggreements S. Description of Rehabilitation with the County. s. Proposed, rehabilitation land use(s): Residential with pond for recreation and water storage. lb. .Source of technical advice for reclamation:TUfTLE APPLEGATEL INC. 11990 _Grant Street cnite am, pelmet, r0 80233 (3033 452 (G11 c. Explanation pf Reclamation Process:The sideslopes will be backfilled with shale trom the bottom of the pit to torn an impervious liner with 3.1 slopes. A lined poffd will nave an irregular shoreline which preserves exj.sting mature trees and chr»rs See Fubibit v E F in the MJJRD 112 application. I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF Weld STATE OF Colorado c) • Signature: Owner/Authorized Agent Subscribed and sworn to before me this W1/4"-- day of n . 19`1' SEAL • • MOTARY�tlC1 My Commission expires 3 --4-Q1-9111, • nti . ..... 940814 2.0 LEGAL DESCRIPTION Lot B is a parcel located in the Northeast 1/4 of Section 17, T2N, R68W of the 6th Prime Meridian, Weld County, Colorado. The map describing the parcel was recorded in Book 1270 as Reception No. 2220722. Beginning at the northeast corner of Section 17 as bearing north 00°00'00" east with all other bearings contained herein relative thereto; thence S89°20'08"W, 263.51 feet to the Point of True Beginning, proceeding thence S11°10'30"W, 622.69 feet; thence S59°58'30"W, 288.91 feet;thence S33°30'00"W, 157.69 feet;thence S30°12'00"W, 296.14 feet; thence S53°56'00"W, 580.53 feet; thence S00°17'00"W, 516.31 feet; thence S89°27'00"E, 155.64 feet; thence N04°49'00"W, 131.99 feet; thence N18°06'00"E, 60.22 feet; thence N50°10'00"E, 78.21 feet; thence N60°53'00"E, 202.55 feet; thence S47°14'00"E, 408.84 feet; thence N19°27'00"E, 187.26 feet; thence N30°30'00"E, 527.03 feet; thence N39°50'00"E, 201.97 feet; thence N31°04'00"E, 214.87 feet; thence N29°51'00"E, 192.91 feet; thence N32°34'00"E, 189.73 feet; thence N29°10'00"E, 104.43 feet; thence N08°14'00"E, 277.70 feet; thence N10°20'00"E, 133.48 feet; thence N27°51'00"E, 196.67 feet; thence S89°30'16"W, 327.96 feet to the northeast corner of Section 17. This parcel contians 28.7 acres, more or less A non-exclusive access easement was recorded as a Corrected Recorded Exemption No. 1313-17-1-RE915 and is described on the following page. -1- 940814 • . , EXHIBIT A Together with a non-exclusive easement for ingress and egress for residential purposes as shown below. The maintenance of which shall be shared equally between the owners of Exemption 1313-17-1- RE915, Lots A and B. A strip of land, 15.00 feet in width, extending from a line that bears N00'17'00"E, Westerly and Southerly to the East-West Centerline of Section 17, located in the NE1/4 of Section 17 , T2N, R68W of the 6th P.M. , County of Weld, State of Colorado, said strip of land being 7.50 feet on each side of the following described Centerline: Commencing at the E1/4 Corner of said Section 17, thence N89'45 ' ll"W, 1314.09 feet along the East-West Centerline of said Section 17 to the Southwest Corner of that tract of land conveyed to James M. Strahan and Linda L. Strahan as described in Warranty Deed recorded in Book 0979 at Reception No. 01906047 of the records of Weld County, Colorado; thence N01'19'00"E, 623 .89 feet along the West line of that tract of land as described in said Book 0979 at Reception No. 01906047 to a Northwesterly Corner thereof; thence 589'27 '00"E, 1.50 feet along the Northerly line of that tract of land as described in said Book 0979 at Reception No. 01906047 ; thence N00'17 '00"E, 97.04 feet to the TRUE POINT OF BEGINNING; Thence 558'33 '00"W, 11.20 feet; Thence N87'49 '00"W, 24 .79 feet; Thence S02'll'00"W, 421.73 feet to a point of curve to the right; Thence Southwesterly, 77.49 feet along the arc of said curve to a point tangent said arc having a radius of 120.00 feet, a central angle of 37'00'00" and being subtended by a chord that bears S20'41'00"W, 76.15 feet; Thence S39'11'00"W, 121.53 feet to a point of curve to the left; Thence Southwesterly, 84.78 feet along the arc of said curve to a point tangent, said arc having a radius of 150.00 feet, a central angle of 32'23 '00" and being subtended by a chord that bears 522'59 '30"W, 83.66 feet; Thence 806'48'00"W, 51.59 feet to the East-West Centerline of said Section 17 and the POINT OF TERMINATION. 940814 yj. • .,.., i irSli et M. • G - - - M HWY 110 �.e: 0 en • • .piiwrtns Wow • _ _ ��a-. __ - - - _ __ . 7 / I\ 11‘ irn , i. / \(._-,N./1 I I A -4150 , ( D "01 ‘b , T2N ..-:; �. 'v , • '4 ft, C 9 . , _ � � / to Mho .. . Q 7 -2, id. ( H yC 'b _ -� SITE .eer •: ) • I 9 i 4 I / RTh I yF. F •----"...-------Ni! `T D. Y 01 I "Isom �e9z 'F/ to, WELD CO ROAD 20 1/2 678 16 _ 9 1E -.4 • 17 •• _ ( c� 1 • 6 ♦ Gtr \coo \a • te i� Jam' Q . :1 0 `' AND J I aot sjg t::,I'Ti :e., • 1486r • 1 se • l Ala / — LONGMONT, CO. USGS 7.5' OUADRANGLE TOPOGRAPHIC MAP 0 IMO 0,K KMAVia)) DATE: 8/4/93 TUTTLE APPLEGATE, SCALE: 1'-2000' a UTE....APP.bri •I.♦•o..INC.INC JOB NO.: 93_170 —. w�on'Stmt.M .w DRAWN BY: LLD (�!� s poi isia " ne" HECKED BY: PLH SHEET: OF: 940814 3.0 SOURCE OF LEGAL RIGHT TO ENTER The following copy of the Deed of Trust and written letter from the Owner granting permission to Twin Peaks Excavating, Inc. to enter the property are submitted as proof of legal right to enter the property. Legal Right to Enter I, Judith Ann Schell, whose address is 11820 Niwot Road, Longmont, Colorado 80501, am the Owner of the property described as Lot B, primarily located in part of the NE 1/4 of Sec. 17, T2N, R68W of the 6th P.M. in Weld County. As the Owner of this property, I grant permission to Twin Peaks Excavating, Inc. to enter this property and to remove sand and gravel from the property. The right to enter shall also be conveyed to other contractors, and their personnel, who have a contract with Twin Peaks Excavating, Inc. to excavate and remove sand and gravel from this property. The right to enter this property to do reclamation work as required by this permit shall be extended to any party that has legal grounds for performing reclamation activities. 3 as - `19 nature, Judith Ann Schell Date Notarize by: Date My commission expires on 3 - )5k Q1 3a. Owner of Surface Rights Judith Ann Schell 11820 Niwot Road Longmont, CO 80501 3b. Owner of Mineral Rights Judith Ann Schell 11820 Niwot Road Longmont, CO 80501 3c. Municipalities Within Three Miles City of Longmont 350 Kimbark Street Longmont, CO 80501 -2- 940814 B 1398 REC 02347184 08/23/. 13:19 $5.00 1/001 AR23473oq_ F 1203 MARY ANN FEUERSTEIN CAJRK & RECORDER WELD CO, CO REQUEST FOR RELEASE OF DEED OF TRUST AND RELEASE July 27, 1993 Date Judith Ann Schell Grantor(Borrower) Cottonwood Land and Farms. Ltd. Original Beneficiary (Lender) October 21. 1991 Date of Deed of Trust October 25. 1991 Recording Date of Deed of Trust Weld County of Recording 02267127 0127 Reception and/or Film Nos.of Recorded Deed of Trust Aeration Na Film Na /3/r Book and Page of Deed of Trust Book Na Page No TO THE PUBLIC TRUSTEE OF Weld County(The Public Trustee to which the above Deed of Trust conveys the said property.) Please execute this release,as the indebtedness has been fully paid and/or the terms and conditions of the trust have been fully satisfied. Cottonwood Land and Farms, Ltd. Cuomo Owner and Holder of the Evidence of Debt Saved by Deed of Trust(Leader) Scott A. Patten. Managing Partner i` Name and Title a dettin qOfficer dw Currant O+ e HHolder\C) Signature Signalises Statep(4Nnatdq„County of l rgoing 4i:eget&idetrie rtlease was acknowledged before me on te4 imyrg2l!3� ,1.453 (date)bye a ;Sc�-,A_ :Patten. Managing Witness My Hand and Seal E0271 tnar Q£ �'nttnnwond Land 0 ztd . .F''•.. ....Pe,ty.•5) /ta-rri g< fl'.e l./G/�.e Noury auk AntinAtc,t5. 1997 Date Commission Expires , ,, 4770 Baseline Rd, Ste 300 Boulder CO 80303 RELEASE OF DEED OF TRUST KNOW ALL MEN,that the above referenced Grantor(s),by Deed of Trust,conveyed certain real property described in said Deed of Trust,to the Public Trustee of the County referenced above,in the State of Colorado to be held in trust to secure the payment of the indebtedness referred to therein. NOW THEREFORE,at the written request of the legal holder of the said indebtedness,and in consideration of the premises and the payment of the statutory sum,receipt of which is hereby acknowledged,I,as the Public Trustee in the County first referenced above,do hereby remise,release and quitclaim unto the present owner or owners of said real property,and unto the heirs,successors and assigns of such owner or owners forever,all the right,title and interest which I have under and by virtue of the aforesaid Deed of Trust in the real estate described therein,to have and to hold the same,with all the privileges and appurtenances thereunto AbeJlu Amu CC (U( ll�yQngingjotry and further I do hereby fully and absolutely release,cancel and forever discharge said Deed of Trust. KEVIN J. STARKS (. /�/ /^/ �i/fPublic Trustee twl la/.0e-titts Deputy Public Trustee of Colorado.County of woo �u��In Pat was acknowledged before me on a 'y (date)by Witness My Hand and Scab .. ' DONNA L. 5CHMIDr a5 he /- 5... co ,0 YCCD_ \ 1, 1 ✓ flepOtp Public Trustee of . #�., v�.j 99 County,Colorado. ,, t APRIL 4, 95 Date Commission Expires lr IQ20 9th Street, Green,.. 9QRit. . (Ifaddlinble.insert lick dorm of awn and name of tumult owner And holder. Original Note and Deed of Trust Returned to: Received by No.904.Rm..&90. (REQUEST FOR)(RELEASE)OF DEED OF TRUST O Bradford Publishing.043 Wane 5t..Demob CO 80202—003)292-2500-S-90 WHEN RECORDED RETURN TO: 940814 K Y J Recorded o'clock hl _Recorder Reception ts_. DEED OF TRUST • a'j,sr THIS INDENTURE.Made this 44"'• day of October .In 91 ,between Judith Ann Schell whoseaddreais 11820 Niwot Road Longmont CO 80501 hemnaf¢r relayed to as grantor.and the Public Truslec ot the Weld 'Count'of . State of Colorado,beremarier messed to as Public Trustee. WITNESSETH,THAT.WHEREAS. Grantor has eattued a promissory note or notes.heremeter related to in the singular,dated October 15, 1991 .for the prineipalmmof Sixty—two thousand and no/100 ($62,000.00)--nodara.pa»blrmlmmderof Cottonwood Land and Farms, Ltd. , a Colorado Limited Partnership, wnoseaddressis 4770 Baseline Rd. , Ste. 300, Boulder CO 80303 ,tint, alter tile date havoc.with merest thereon inns the dale thereof 1ea;,e.t'94? 410) perremperannum.Pa.ame in equal semi—annual payments of p'tj.ricipai.'ggd interest of $8,029.28 each, beginning April 15, 1992, e e1f{3 Viid3LYf.an October 15, 1996. _;; -• "' t,`'i; • . :i . 1. , t . IMF •,.• .''.J)NDWHE •The grantor is desirousof securing payment0i the principal and mterestal aM promissory note in whose handssueaerthe said aw note or any tit shim tliay be. NOW.THEREFORE.The grantor,in consideration of the premises and In the purpose coresaid.dues hereby µrant.bargain.sell and convey m.situate m the County of unto the said Public Tasted n mist liuever,the tte oSnowing described ad ,t omit; Wyse Weld .Hale of Colorado,towiv gig IV. Lot B, Corrected Recorded Exemption No. 1313-17-1—RE1r, toeing a part of the NE1/4 of Sec 17, T2N, R68W o the i66th hoP.M. , Weld as County, Colorado. As per map recorded July 20,, 1990 _ r Reception No. 2220722. C". Together with a non—exclusive easement shown on the attached Exhibit A. Also together with two (2) shares of the Godding, Plumb, and Dailey Ditch.• IA (Grantor is allowed to remove sand and gravel from the property under the terms of this Deed of Trust.) til also known by arcs and number as TO HAVE AND TO HOLD the same.together with all and singular the privileges andappunenances thereunto belonging:In Truth nevertheless.that in case of default in the payment ol said now or any of them.or any partthetvrof.or in the payment of Inc interest thereon,according tothe tenor andeffect of said now or any of them.or in the payment ot any prior encumbrances,principal or mmereas,it any.or incase default shall be made in or in case of violation or breach of any of the terms,conditions.consonants or agreements herein contained,the beneficiary hereunder or the legal holder of the indebtedness securtd hereby may declare a violation of any to the covenants herein contained and elect o advertise said property for sale and demand such sale,then. upon Ming notice of such election and demand for sale with the Public Trustee,who shall upon receipt m such notice or election and demand for sale cause a copy of the same to be recorded in the recorder's office of the county in which said n alestate is situated.it shall and may be lawful tom the Public Trustee ICI Jai and dispose of the ante ten masse or in separate parcels,as the said PublicTNNee may think bests.and all the right.title and interest of the grantor. his heirs or assigns therein.at public auction at the front der of the Court House.in the County of Weld .Stale of Colorado.or on said premises.or any part theeol as may be specified in the notice of said sale,ton the highest and best Once the tame will bring in cash,tour weeks public notice having been previously given ol the time and piece of such sale.by advertisement.weekly.in some newspaper of Dom circulation thrs u publishedthinaidChe grantor Weld .a copy of which notice shall be mailed wacquired uit teo subs tam the date of the hint iMreauun teeatth to the at the address herein teen and to such person or and s appearing to have h a n subsequent record rte ail in said col my seat the address tomake given in the tee purchaserJ instrument:asen ers ol such onus the county and state l given as the or cerificates in wrung describingailchinntherly purrhat.and ased and tic sum or sums paid'hecttranor d the time when the purchaser or purchases on ceorrtificate su oroM p up denanddmMrcmlr or deed the saidd cnyrctte.eni locate Srunless nhlheanw s kit pucarredemesid d demand is made.or male.:rndaM Public brusmpers . upon demand'aey the person persons holding al the time such demand is mid nhase.when e tote for redengm�vi g expired.make and execute iperson entitled to arsons and Mr the property purchased.property pu person or persons a deed or deeds to the saidchase a.d shall said need a deeds sha quitclaim ll be in the ordinaryor persons so entitled it ld to such d sad sha ll be .the said pone suck rchased as aloresaitd and all the right.by the said �eler nierest lnistee benefit'and equitl convey y M redemption of the µrantor.r hen adsWnstherem�and shall l I property pu power by a subsequent rcere me d to or SLUM for which assignment n o pmmny was sort ant shall mcno art sale se of teredemp,ono to suc ale pe ales made by sup encum:and cash of i n ni ord of such shall also of cermidseea ns c dha C.or deeds:r sou of inn tlet of son ne adch p be et o.ti den stherublic Tstµee sal. W of tmmrceedalrYvai knucbs .uttered piianbrtsacn all ot solean efit 1 minghid sale. pay deeds and the Trustee the legal holder eeo oravails'neml sale,'ti t. Jretainingall fee charges and coca of making said sale.anWymshe benefidary hereunJRnthp legal of said of m principal andinterestd d notese accordingmilie moo and effect thercokent all moneys advanced by such h beneficiary or legal holder note of s iJ n or insurance.as.. no mend with intere said deed st thereon at deeds m Per perpetual far both lin law andaequty.aga unto mst the grantor. gramn[his is legal n a pand assigns.ate all s or other persons claiming thehich sale or sales said property.t r any pan theeo snail f,by. from,through or under the grantor.or any of them.I he holder or holders or aid nth,or notes may purchase said property ot any pan Mesa.and u red shall not be obligatory upon the purchaser or purchaser at an.such sale m to sec the application of the purchase money.If a release deco be reQ it i agreed Ono the grantor.his heirs or assigns.will pay the expense thereof. 'If in Denver,itnen"City and." L __ son F^g: No.341A.Re.2-tot. DEED OETRl4'E moth: braaad Nalunm1 a_t W.sou se M'M s c..aieuo,CO 10:14--slam 23 awed Wien recorded.return Y.___—�_ .... 940S14 And the grantor.for himself and his heirs.personal reptesentatives or assigns covenants and agrees to and with the Public Trustee.that at the rime of the enseal log ot and delivery of these mescals he is well seized of the said land and tenements in lee simple.and has good right.lull maser and la.sful authonty to grant.harem.sell and convey the same in the manner and form as aforesaid:hereby tulle and absolutely waiving and releasing all rights and claims he may have in or to said lands.tenements.and property as a Homestead Exemption.or..thee exemption.under and by virtue of any act et the General Assembly of the State of Colorado.or as any exemption under and by virtue of any act of the United States Congress.now existing or which may hereafter be passed in relation thereto and that the same are free and clear of all liens and encumbrances whatever,except • None • and the above bargained property in the quiet and peaceable possession of the Public Trustee.his successors and amens.against all and every person or persons lawfully claiming or to claim the whole or any part thereof.the grantor shall and will Warrant and Former Defend. Until payment in full of the indebtedness.the grantor shall timely pay all taxes and assessments levied on the property:any and all amounts due on account of principal and interest or other sums on any senior encumbrances.if any:and will keep all impartments that may be on said lads insured against any casualty loss.including extended coverage.in a company or companies meeting the net worth requirements of the beneficiary hereof in an amount not less than the then total indebtedness.Each policy shall contain a loss payable clause miming the beneficiary as mortgagee and shall further provide that the insurance may not be canceled upon less than ten days written notice to the beneficiary.At option of the beneficiary.theanginal policy or policies of insurance shall be delivered to the beneficiary as lumber security for the indebtedness.Should the grantor fad to insure and deliver the policies or to pay taxes or assessments asthe same tall due.orto pay any amounts payable upon senior encumbrances.if any,the beneficiary may make any ' such payments or procure any such insurance.and all monies so paid with interest thereon at the rate of 13 9'per annum shall be added to and become a part or the indebtedness secured by this Deed or Trust and may be paid out of the proceeds rat the sale of the property ifnot paid by the grantor.In addition,and at its option.the beneficiary may declare the indebtedness secured hereby and this Deed ol Trust to be in default for failure to procure insurance or make any of the payments requited by this paragraph. Hall or any part of the ptopeny or an interest herin is sold orteansfened by the grantor without beneficiary's prior written consent.excluding(al the creation of a lien or encumbrance subordinate to this Deed of Trust.chi the creation al a purchase money security interest for household appliances.lei a transfer by devise.descent or by operation of law upon the death of a pint tenant or',II the grant of any leasehold interest ot three years or less not containing an option to outshine.beneficiary may.at beneficiary's option.declare all the sums secured by this Deed of Trust to be immediately due and payable.Beneficiary shall have waived such option to accelerate if.prior to the sale or taunter.beneficiary and the person to whom the property is to be sold or transferred reach agreement in writing that the credit of such person is satisfactory to benencury and that the interest payable on the sums secured by this Deed of Trust shall be at such rate as beneficiary shall request. AND THAT IN CASE OF ANY DEFAULT.Whereby the right of foreclosure occurs hereunder.the Public Trustee or the holder of said note or certificate of purchase.shall at once become entitled to the possession.use and engryment of the property atoresaid.and to the rents.issues and profits thereof.from the accruing of such right and during the pendency of foreclosure proceedings and the period of redemption.if any there be:and such possession shall at once be delivered to the Public Trustee or the holder of said note tocernhcale of purchase on request.and on refusal.the delivery of such possession may be enforced by the Public Trustee or the holder of said note or certificate ot purchase by any appropnatecivil sun or proceeding.and the Public Trustee.or the holder of said note or certificate of purchase.or any thereof.shall be entitled to a Receiver IM said property.and of the rents. issues and=tits thereof,alter such default,including the time armed by foreclosure proceedings and the period of redemption.if any there be.and shall be entitled thereto as a matter of right without regard lathe solvency or insolvency or the grantor or of the then owner of said property and without regard to • the value thereof.and such Receiver may lie appointed by any coon of competent urisdiction upon ex pane application an"without nonce—notice being hereby expressly waived—and all rents,issues and profits.income and revenue therefrom shall be applied by such Receiver to the payment of the itdebfedtess hereby secured,according to the law and the orders and directions of the court. . AND.That in case of default in any of said payments of principal or intent.according tothe tenor and effect f said promissory note aforesaid,orany of them.or any pan thereat.orota breach or violationet any of the covenants oraareements herein.by the grantor.his personal representativesor assigns. then and in that ase the whole of said principal sum hereby secured.and the interest thereon to the time of the sale.may at once.at option of the legal . . . holder thereat.become due and payable.and the said property he sold in the manner a nd with the same effect as ifsaid indebtedness had matured,and that if foreclosure be made by the Public Trustee.acaa&igococas]EXa(scat a reasonable attorney's fee dollars • for services in the supervision of said foreclosure proceedings shall be allowed by the Public Trustee as a part of the cost ol foreclosure,and if foreclosure be made through the courts a reasonable attorneys tee shall be taxed by the court as a par of the cost set such foreclosure proceedings. The singular number shell include the plural.the plural the singular.and the use of any gender shall he applicable to all genders. Executed this 21st day of October tc 91��/�j/(//t (�\�\),yt I- •Arrive, [ . ._ [ i00 udith Ann Sc ell MALI , State of Colorado �t, - County of Boulder :P �u q ;cis, w acknowledged before me in the County of Boulder Seib ca ado .this 21st day of October .19 91 .by Judith Ann ` N911JA A Y i'{ev ; Yemen;wierhastand se_ `, / • ;wiP p R' J = - ,.tJsna eA .eJ Ajx.,-) Is nrCaprim iLAC.` august 15, 1993 ma's %4,... 4770 Baseline Rd. , Suite 300 °• cotww aaaew "•ytteµaltt,n Boulder CO 80303 --� q a t I S' € 5 a d a. z 8 t 8 y $ ti A f., o In 1.: al J t 'a O ft!a m a a• p y y a ` co to 2 .f r ° E , U.F E Au 2 e ' 6 at ., o y E2 u. 940814 4.0 WELD COUNTY COMPREHENSIVE PLAN The proposed mining operation is consistent with the Weld County Comprehensive Plan because it develops a valuable natural resource within the county without displacing prime agricultural land. The land has historically been used for growing agricultural crops, but the small mining site has been separated from adjacent agricultural areas by access roads and is currently planted as a pasture. The gravel will become construction material for developing future properties in Weld and Boulder counties. This will add diversity to the predominantly agricultural products originating within the county. 5.0 COMPATIBLE USE The site is located in a rural agricultural area with many gravel pits in the vicinity. The adjacent property on the west is being mined for gravel by C&M Companies, and the undeveloped adjacent property on the north has the potential for gravel mining by the City of Longmont. The properties adjacent to the south boundary and on the east side of Boulder Creek are being used for agriculture. Since gravel mining and agriculture are currently the predominant activities in the area, this short-term gravel pit is a compatible use that will develop a valuable mineral resource within Weld County and provide sales taxes without increasing the demand for services. The mining after-use of the property will continue to be a rural residence, with the addition of a private pond for recreation and observing wildlife. The water stored in the pond may be sold to downstream users. 6.0 HEALTH, WELFARE AND SAFETY The mining and reclamation plans have been developed to assure that the health, safety and welfare of inhabitants of the county and adjacent properties will be protected. The majority of the mining site is fenced and an employee of Twin Peaks Excavating, Inc. resides on and oversees the property. The resident is also a family member of the owner with a keen interest in preserving the natural wildlife habitat at the site. The north berm, pond, shoreline wetlands and islands will increase the variety of habitat available for birds and small mammals, and are expected to attract additional species. Much of the existing vegetation will be preserved, and additional shrubs and trees were selected to enhance the area for wildlife. The effective riparian corridor along Boulder Creek will be buffered by the resulting pond which acts as a protective barrier that restricts human access. • The haul route is through property to the north to reduce the impact on neighbors and the county roads. The transportation aspects of the project are described in a later section. The project will be completed within a relatively short timeframe, which will further limit any potential inconveniences to nearby residents. -3- 940814 7.0 FUTURE DEVELOPMENT The after-use of this property will remain a rural residence with the proposed private pond. The land available for agriculture will be reduced by the pond, but the pond is expected to enhance the value of the site as a wildlife habitat. This passive rural use is consistent with the future uses described in the Comprehensive Plan, since it maintains the existing character of the area. Since the property has limited access and additional land, it is not expected to attract the "sprawling development" which is discouraged by the county planners. 8.0 WATER The proposed pond will be lined with compacted shale from the bottom of the excavation. Once the pond has been lined it will be operated independently from the groundwater, except for the spring-water which will be diverted through the pond to improve the water quality in the pond with a continuous fresh water supply. The spring water will be stored as needed if there is no call on the creek, but will be passed through when a call is on the river. The evaporative losses for the 10 acre pond and the main source of storage water will be provided by two shares of the Godding, Dailey and Plumb Ditch which were bought with the property. A copy of the Deed of Trust for the property and the ditch shares is included in this application to document ownership. The water rights and consumptive uses are addressed in detail in Exhibit G of the MLRD Permit application. The MLRD mining permit application is included as an attachment to this application. The dependability of the water rights can be inferred from the summary of diversions for the past twenty years included in Exhibit G. The diversions remained fairly consistent throughout the period of record. The proposed use will not adversely affect nearby agricultural ditches, wells or senior water rights. 9.0 SPECIAL DISTRICTS The western portion of the property is located within the 100-year floodplain as shown on Sheet 2 of 4. The application complies with the County Flood Hazard Overlay District Regulations. The creation of ponds is an accepted use of properties located within the 100-year floodplain as it provides minimal additional flood storage, rather than constricting flows. No stockpiles or structures will be located within the floodplain boundary outlined on the mining plan. The area is not located in or near any know geologic hazard area. -4- 940814 10.0 TRANSPORTATION PLAN The gravel reserves will be removed by the C & M Companies under contract with Twin Peaks Excavating, Inc., and transported overland in earth scrapers to the Distel Farm aggregate plant. This plant is located approximately 4000 feet to the west of the Schell property. Access to the C & M plant will be to the north across the City of Longmont property as shown on Exhibit C-2. The travel route will be graveled. This access is being included in the C &M Companies Distel Farm Amendment application to USR #877. No truck access to County roads and bridges will be allowed from the Schell Pit. C & M Companies has an existing Road Improvements Agreement with Weld County and will continue to operate under the conditions of that agreement with no increase in truck traffic. A copy of the access agreement between the City of Longmont and C & M Companies is included here for reference. 11.0 MINING AND RECLAMATION The pre-mining conditions at the site are shown on drawing C1, Sheet 2 of 4, and the mining and reclamation conditions are shown on C2 and F, Sheet 3 of 4. The fourth sheet shows details for the inflow and outflow channels and the cutoff wall. All full-size drawings are inserted in pockets at the end of the application. All mining and resource removal will be conducted by C & M Companies under contract with Twin Peaks Excavating, Inc. C & M will bring over all needed equipment, via the City of Longmont access, and basically shift their extraction operation to the Schell Pit. Extraction will occur here until the permitted area resources are exhausted. C & M will transport all sand and gravel material overland to their Distel Farm processing area for processing, sizing, and final sales. No additional truck traffic from C & M's operation will be created by this permit. The mining and reclamation plans are described in detail in exhibits D and E of the MLRD 112 permit application attached to this county application. An abbreviated summary of the plans follows this section. Site Description The permit mining site is located in Weld County, and borders Boulder Creek just north of Weld County Road 20 1/2. The total property is comprised of 28.6 acres, of which 11.85 acres will be mined to extract gravel. The mining will be completed in a single phase within five years. The gravel deposit is expected to be approximately 13 feet thick over a mining area of 11.85 acres. This is a relatively small operation which has a gross capacity of providing nearly 200,000 cubic yards (300,000 tons) of raw gravel. The applicant wants to mine the area as quickly as market conditions permit, since he plans to use the resultant pond for private recreation as well as water storage. -5- 940814 Mining Methods After the overburden has been removed within the mining limits shown on drawing C2, the gravel will be extracted using dry mining methods in conjunction with a dewatering trench and sump pump. The mining will be primarily completed with front-end loaders, scrapers, and a maximum number of three (3) mining personnel. Since no processing will done on site, all of the raw material will be loaded directly onto scrapers and hauled off-site to the existing Distel Farm processing area. Stockpiled materials will be kept to a minimum to avoid extra handling of the raw material. Once the ground surface has been lowered to a foot above the existing groundwater table, a dewatering trench will be dug at the perimeter of the mining limits to a depth of two feet below the shale interface. The bottom of the trench will be graded to cause groundwater to gravity flow toward the north end of the pond, where a sump pump will be installed in a sediment collection basin. The groundwater and collected stormwater will be pumped directly to Boulder Creek after sediment has settled out. The water quality of the discharge will be regulated by an NPDES permit. The dewatering pump will be sized to adequately drain the work area during the mining period. The proposed permanent berm in the northwest property corner will be constructed outside the 100-year floodplain and vegetated, as soon as overburden is available. The berm will reduce the visual and noise impacts of mining activities to adjacent properties. Since many nearby properties are currently being mined, few of the impacts created by this mining operation are expected to be objectionable to neighbors. The vegetated berm will improve the overall quality of wildlife habitat at the site by adding to the diversity and width of the riparian corridor. Overburden The overburden and topsoil within the mining limits has been disturbed or removed by prior property owners, therefore, the total amount of overburden is expected to be less than originally estimated. It is expected that more overburden (approximately 17,000 tons) may need to be imported to complete the proposed backfilled sideslopes of the resultant shale-lined pond. See Sheet 3 of 4 for a cross-section detail of the typical backfilled sideslope. This material will be imported from the C & M Companies Distel Farm as a backhaul for the scrapers. A portion of the imported material will be comprised of sand, which will be used to form a boat access area at the southwest end of the pond. The boat access area will be constructed with a maximum 12% slope from the road to elevation 4,855 above mean sea level (MSL), to allow vehicle access for launching and retrieving boats. Since the area was previously used as a feedlot, there is a heavy organic content in the soil. For this reason, the topsoil and the deeper overburden will be mixed together and used as a topsoil layer for revegetated areas located above the operating water elevation of 4,864 MSL. -6- 940814 No acid forming or toxic substances have been discovered on the property and none is expected to result from the raw gravel extraction. Refuse and waste will be properly disposed of and hauled to a suitable, legal disposal area during mining and reclamation phases. No solid or liquid wastes will be stored for more than a month or disposed of at the site. Dewatering Effects On Adjacent Wells The nearest well is approximately 1200 feet away from the south end of the proposed pond, and is not expected to be impacted during the mining dewatering operation. This well is upgradient and is a significant distance from the passive dewatering trench. Exhibit G1 shows the locations of the nearest wells and water rights. After the pond has been lined, operations at the project site will be independent of the groundwater and will have no effect on adjacent properties. Mining Schedule The disturbance associated with this project is as follows: TABLE OF DISTURBANCE Major Disturbance Excavated Mining Area 6.0 acres Overburden Stockpiles 0.5 acres Raw Material Stockpiles 0.5 acres Moderate Disturbance Backfilled Sideslopes 2.5 acres Berm Construction 0.5 acres Minor Disturbance Reseeded/New Growth Surface Areas 2.5 acres TOTAL DISTURBED AREA 12.5 ACRES Operation Schedule A maximum of three employees will work one shift per day. Normal working hours are scheduled for daylight hours between 7 a.m. and 6 p.m., five days a week, 45 weeks per year. If special contracts require that the mining continue on Saturdays, the work will be done during the normal working hours. The mining is not expected to continue later in the evening hours. -7- 94QfS14 Equipment A loader and scraper are expected to accomplish most of the mining tasks at the site. Once the shale bedrock layer is contacted, additional heavy equipment may be needed to excavate the shale to line the sideslopes of the pond. No blasting is expected to be necessary. Trucks will be loaded from the pit area or from stockpiles located west of the 100-year FEMA floodplain. Timetable The mining schedule relies heavily upon market demand for the material. The operator would optimistically like to complete mining within a year, followed immediately by reclamation. Realistically, the project is more likely to take between 2 to 5 years of mining with sequential reclamation following the mining. Mining will begin in 1994 and may continue into 1999. Approximately one year following the completion of mining will be needed to complete final grading and revegetation. Reclamation will begin in 1995 and continue through the end of 1999. The sequence of mining activities are as follows: 1. Begin stripping overburden from the northern half of the area within the mining limits. Do not disturb shrubs or trees outside the mining limits. 2. Construct a freeform berm in the northwest corner of the site, topped with no less than a 12 inch thick layer of the topsoil/overburden soil mixture. The berm is a maximum height of 4 feet and has a maximum top width of 10 feet. Relocate the south existing irrigation ditch and extend to the southern end of the berm to irrigate trees and shrubs planted on the berm. 3. Construct a sump pump collection basin near the northeast corner of the pond to collect and discharge groundwater and stormwater from the mining area. The basin is designed to improve the water quality of the discharge by reducing the sediment load contained in it. 4. Construct a dewatering ditch around the perimeter of the stripped area and grade the bottom slope to flow to the sump collection basin. Dig the bottom of the ditch at least 2 feet below the shale interface. 5. Extract raw gravel and transport to off-site destination. 6. Begin backfilling the sideslopes along the shoreline of the pond following completed sections of the mined area. A detail of the typical sideslope is shown on Exhibit C2 & F. A shale core will line the pond to create an impermeable barrier which will keep groundwater out of the pond. A top layer of overburden provides a growth medium for vegetation and a smooth shell surface for the sloping shoreline. -8- 940814 7. Vegetate finished sideslopes above the operating water surface elevation to retain soil in place and reduce potential soil erosion. 8. Repeat the mining sequence progressing from north to south. The mining and reclamation activities are scheduled to be completed within five years. 9. Construct the northern outfall channel and riprap cutoff wall. 10. Construct the inflow channel to the pond. Divert the southern outfall from the adjacent property's spring-fed pond to the proposed pond. 11. Repair and reseed all disturbed or poorly revegetated areas. RECLAMATION PLAN The site will be reclaimed as a rural home site with riparian habitat along Boulder Creek. The owner wants to preserve the existing rural ambiance and enhance the wildlife habitat at the site. The mining and reclamation operation will avoid disturbing the wetlands along the creek, east of the existing berm. Reclamation will increase the diversity of trees, shrubs and grasses preferred by wildlife for food and shelter. The sequence of mining activities describes the associated and concurrent reclamation activities. A free form northwestern berm will be constructed from on-site overburden to mitigate the visual and noise impacts to adjacent properties. It will be seeded with drought resistant grasses, and planted with a variety of trees and shrubs. The southwest irrigation ditch will be relocated and extended to provide irrigation water at the berm for a minimum of two years, while the plants are becoming established. A lined pond will be created by the mining/reclamation operation. The pond will have an exposed water surface area of 10.0 acres. The pond will store 74.3 acre-feet of water at an operating elevation of 4,864 MSL. The minimum shoreline elevation will be 4,866 MSL, and the shoreline will be backfilled to a 3:1 slope after the mining has been completed in each section. The boat access area will have a maximum slope of 12% to accommodate vehicles with boat trailers. The private pond will be used for recreation by the owner's family and will store water for future beneficial use. Grading and Backflllinct The grading will result in a smooth undulating ground surface with an irregular shoreline, which will preserve numerous large trees along the perimeter of the pond. The perimeter of the pond will be graded and revegetated to blend with the existing naturally diverse riparian corridor. Disturbance to areas outside the mining limits will be minimized to preserve the natural vegetation conditions. The grading will be completed with small equipment to minimize the amount of ground surface disturbed while matching existing grades. Care will be taken to preserve existing trees and shrubs. No grading or disturbance will occur east of the berm on the west creek overbank. No structures will be built in the floodplain above the existing ground surface. -9- 940814 Backfill the shoreline to a 3:1 maximum sideslope, sequentially following mining. First, an impermeable core of shale material will be placed against the highwall profile, then a layer of overburden will be placed as an outer shell and graded to the final contours. The shale core will be keyed in to the undisturbed shale bedrock which forms the pond bottom. The shale for the core will be excavated from the bottom of the pond and comprise approximately 75 percent of the backfill material for the sideslopes. Topsoil Topsoil and overburden from the site will be mixed and stockpiled in a single pile, since the high organic content of the soil makes it valuable for revegetation. The stockpiled overburden/topsoil will be placed outside the 100-year floodplain limit. Because of the shortage of material, the stockpiles will be relatively small. The stockpiles will be relocated as mining progresses toward the south. Revegetation Revegetate disturbed areas and sideslopes, after they have been finish graded, with a native grass mixture. The grass mixture, seeding rate, fertilizer and mulching recommendations prepared by the USDA Soil Conservation Service for this site will be used in all reclaimed areas located above the operating water level. No fertilizer is expected to be needed in areas covered with 6 to 12 inches of the highly organic mixture of topsoil and overburden. No trees will be removed outside the mining limits. Preserving existing vegetation lying outside the mining limits is a high priority goal for this site. Grass seed will be drilled approximately one-half inch deep during the optimum seeding period between November 1 and April 1. The grass seed mix includes drought resistant varieties which will withstand normal semi-arid climate conditions without irrigation. Wildflower seeds may be hand broadcast in drifts to add variety to the final grass cover. Noxious weeds will be controlled by mowing prior to seed head formation. If more intense control is considered necessary, an appropriate chemical weed control substance will be selected. The chemical will be compatible with use near running water. -10- 940814 Clusters of trees and shrubs will be planted on the northwestern berm, and species will be chosen from the following lists: TREES SHRUBS Cottonwood Antelope Bitterbrush Aspen Hansen Rose Golden Willow Fourwing Saltbush Green Ash Woods Rose Hackberry Siberian Peabush Rocky Mountain Juniper Chokecherry Ponderosa Pine Native Plum Scotch Pine Skunkbush Eastern Red Ceder Sumac/Quailbush Blue Spruce Nanking Cherry Redstem Dogwood The total number of plants shall be comprised of no more than 30 percent of any individual species, so that the vegetation will contain a variety of different plant with contrasting shapes, colors, seeds and type of animal habitat. No trees or shrubs will be planted along the shores of the pond as a part of the reclamation plan. No landscape plan was prepared since the after use is residential and that use is assured by the presence of an existing house on the property (112 (3)(a) MLRB Rules and Regulations). 12.0 DRAINAGE AND SEDIMENT CONTROL All stormwater drainage within the mining operation will flow into the excavated area. During the mining phase, the stormwater and ground water will flow to a sump pump in a water quality collection basin and then be discharged directly to Boulder Creek under the regulation of an NPDES Permit. The basin will filter sediment from the water before it is discharged. After the pond has been reclaimed and filled by diverting flow from the western irrigation ditch, the south ditch will be relocated to direct a spring-fed discharge that flows onto this property to the pond. This will provide a constant fresh water supply exchange in the pond and will outfall to the creek at the north end of the pond. Stormwater and the spring discharge will pass through the pond to the constructed outfall point. The riprapped cutoff wall will be constructed outside of the delineated wetland area. The cutoff and riprapped outfall area will be at or below existing ground surface elevations, and will not constrict potential flows in the floodplain. The pond will perform a detention function for water draining into it, allowing time for sediment to settle out before water discharges to the creek. -11- 940S14 Disturbed areas will be seeded with native grasses as soon as they will no longer be impacted by the mining operation. Grass cover and subsurface roots anchor soil particles in place, and cause sediment to deposit by filtering and reducing velocities. Disturbed and newly seeded areas will be inspected monthly to correct minor erosion areas before they become more severe. 13.0 OTHER PERMITS AND LICENSES The following permits will be required for the proposed operation: Air Pollution Emission Notice National Pollutant Discharge Elimination System Weld County Use by Special Review Permit Temporary Substitute Water Supply Plan Change the Water Right in Water Court Mined Land and Reclamation 112 Mining Permit Corps of Engineers Individual 404 Permit The applicant is currently in the process of applying for these permits and have completed a delineation of the wetlands disturbed by the mining and a Spiranthes Diluvialis "orchid" survey.The wetlands delineation report has been submitted and accepted by the Corps of Engineers. The "Orchid " survey did not locate any endangered plants, and that report has been submitted to the U.S. Fish and Wildlife Department for review. No aboveground structures will be located within the 100 year floodplain, nor will any stockpiles be located above the existing ground level within the floodplain. Temporary small stockpiles of overburden might be placed in the excavation during the reclamation of the sideslopes; however, the piles would be limited in height to stay below the historical ground surface elevation. The cutoff wall at the north discharge point will be located within the floodplain, but will be well below the historical ground surface level. Because of these reasons, no floodplain permit application will be submitted to Weld County. -12- 940814 TWIN PEAKS EXCAVATING, INC. SCHELL PIT Application for a Regular Operations (112) Mined Land Reclamation Permit April, 1994 Weld County, Colorado - _ - • 7tittleApplegate,lnc. 940814 SCHELL PIT DIVISION OF MINERALS AND GEOLOGY 112 MINING PERMIT APPLICATION Prepared For: TWIN PEAKS EXCAVATING, INC. 2000 South 120th Street Lafayette, CO 80026 (303) 665-8785 Prepared By: TUTTLE APPLEGATE, INC. 11990 Grant Street Suite 410 Denver, CO 80233 (303) 452-6611 TA #93-170 April, 1994 940814 REGULAR OPERATION (112) RECLAMATION PERMIT APPLICATION FORM CHECK ONE: xK New Application (Rule 2) _ Amendment Application (Rule 1 .8) Conversion Application (Rule 1 .10) The application for a Regular Operation Reclamation Permit contains three major parts: (1) the application form; (2) Exhibits A—S; and, (3) the application fee. When you submit your application, be sure to include one (1) signed original and four (4) signed copies of the application form, five (5) copies of Exhibits A—S, and a check for the application fee described under Section (14) on Page 3. To expedite processing, please provide the information in the format and order described in this form. GENERAL OPERATION INFORMATION Type or print clearly, in the space provided, all information described below. 1 . Applicant/operator name: Twin Peaks Excavating, Inc. 1 .1 Type of organization (corporation, partnership, etc.) : Corporation 2. Operation name (pit, mine or site name) : Schell Pit 2.1 I.R.S. Tax ID No. or Social Security No. : 840762319 3. Permitted Acres: 28.7 Permitted acres Please indicate acreage to the nearest tenth (10th) acre. 3. 1 Application fee (see Section 14): $1,875.00 Application fee 4. Substance(s) to be mined (e.g. , gravel/gold/borrow): Gravel 5. Name of owner of surface of affected land: Judith Ann Schell 6. Name of owner of subsurface rights of affected land: Judith Ann Schell If 2 or more owners, refer to Exhibit P. 7. Type of mining operation: XXX Surface _ Underground 8. Location Information: the center of the area where the majority of mining will occur lies in: COUNTY: Weld PRINCIPAL MERIDIAN (check one): XX 6th (Colorado) 10th (New Mexico) Ute TOWNSHIP (write number and check direction) : T 2 Ix North South RANGE (write number and check direction): R 68 _ East XX West SECTION (write number): S 17 QUARTER SECTION (check one): XX NE NW SE SW QUARTER/QUARTER SECTION (check one): XX NE _ NW _ SE _ SW GENERAL DESCRIPTION: (miles and direction 6 miles southeast of Longmont. North of Weld roiinty from nearest town and approximate elevation) Road 20-1/2 and on the west bank of Bouldpr Creek TA #93-170 940814 -2- 9. Correspondence Information: APPLICANT/OPERATOR (name, address, and phone of name to be used on permit) Individual 's Name: Kenneth Schell Company Name: Twin Peaks Excavating, Inc. Street: 2000 South 120th Street City: Lafayette State: Colorado Zip Code: $0026 Area Code: 303 Telephone: 665-8785 PERMITTING CONTACT (if different from applicant/operator above) Individual 's Name: Mike Applegate Company Name: Tuttle Annlegate_ Tnr Street: 11990 Grant Street. Suite 410 City: Denver , State: Colorado Zip Code: 80211 Area Code: 303 Telephone: 452-6611 INSPECTION CONTACT Individual 's Name: Kenneth Schell Company Name: Twin Peaks Excavating, Inc. Street: 2000 Smith _120th Rtrepr City: Lafayette State: Colorado Zip Code: 80026 Area Code: 303 Telephone: 665-8785 CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Street: City: State: Zip Code: Area Code: Telephone: CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Street: City: State: Zip Code: Area Code: Telephone: 940814 -3- 10. Primary future Cropland(CR) _ Pastureland(PL) _ General Agriculture(GA) (Post-mining) _ Rangeland(RL) Forestry(FR) _ Wildlife Habitat(WL) land use Residential(RS) XX Recreation(RC) Industrial/Commercial(IC) (check one): _ Developed Water Resources(WR) __. Solid Waste Disposal(WD) 11 . Primary present _ Cropland(CR) _ Pastureland(PL) LL General Agriculture(GA) land use _ Rangeland(RL) _ Forestry(FR) Wildlife Habitat(WL) (check one): Residential(RS) Recreation(RC) _ Industrial/Commercial(IC) _ Developed Water Resources(WR) 12. Method of Mining: _ Quarry (QR) _ Solution (SO) 12a. Other: Briefly explain mining method (e.g. Placer, truck/shovel ). Excavation wish backhoe/truck for borrow 13. On Site Processing: Solution (SO) Chemical (CH) _ Thermal (TH) _ Heap Leach (HL) _ Vat Leach (VL) 14. Application Fee: The application fee for Quarry mining is $2,325. The application fee for Solution mining or any Chemical or Thermal Processing is $3,100. If none of these methods or processes are to be included in the operation then the application fee is $1 ,875. The application fee for conversion to a 112 permit is $1 ,500. 112 Amendment application fee is $1 ,550. An applicant will not be issued a reclamation permit until notified by the Division that this application and the required performance and financial warranties have been approved. Alternatively, an automatic approval will bccUr where the Division fails to notify the applicant/operator that the application has been denied. The final agency action must be made within 120 calendar days from the date the application was submitted. However, the performance and financial warranties must be approved by the Division or Board before a permit will be issued even if you receive an automatic approval . NO MINING OPERATIONS SHALL BEGIN UNTIL A PERMIT IS ISSUED (Rule 7.2(2)). It shall be a provision of this permit that the operations will be conducted in accordance with the terms and conditions listed in your application, as well as with the provisions of the Act and the Mineral Rules and Regulations in effect at the time the permit is issued. 940814 -4- Notice Requirements • Immediately after the first publication of your notice in a newspaper of general circulation in the locality of your proposed mining operation, you must mail a copy of the notice to all owners of record of surface rights to the affected land and all owners of record of lands that are within 200 feet of the boundary of the affected land. Notice requirements are specified in Rule 2.2. A copy of a form which includes all required information for the notice has been attached for your use. You will need to provide the Division proof of notice prior to the decision date, which may be by submitting return receipts of a certified mailing or by proof of personal service (Rule 2.2.2(6)) . NOTE TO COMMENTORS/OBJECTORS: It is likely there will be additions, changes, and deletions to this document prior to final decision by the Mined Land Reclamation Board or Division. Therefore, if you have any comments or concerns, you should contact the applicant or the Division prior to the decision date so that you will know what changes may have been made to the application document. The Division is not allowed to consider comments, unless they are written, and received prior to the end of the public comment period. You should contact the applicant for the final date of the public comment period. If you have questions about the Mined Land Reclamation Board and Division's review and decision or hearing process, you should contact the Division at (303) 866-3567. As an authorized representative of the applicant, I hereby certify that the operation described herein has met the minimum requirements of the following terms and conditions: 1 . This mining operation will not adversely affect the stability of any significant, valuable and permanent man-made structure(s) located within two hundred (200) fee of the affected lands. However, where there is an agreement that damage to the structure is be be compensated for by the applicant/operator (C.R.S. 34-32-115(4)(d)) , then mining may occur within 200 feet. Proof of an agreement must be submitted to the Division prior to the decision date. 2. No mining operation will be located on lands where such operations are prohibited by law (C.R.S. 34-32-115(4)(f)); 3. As the applicant/operator, I do not have any mining/prospecting operations in the State of Colorado currently in violation of the provisions of the Mined Land Reclamation Act (C.R.S. 34-32-120) as determined through a Board finding. 940814 -5- 4. I.understand that statements in the application are being made under penalty of perjury and that false statements made herein are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503. C.R.S. Signed and dated this 5x' day of o . V4ky . S Applicant/Operator If Corporation Attest (Seal) By: Kenneth Schell By: om oe cS?� t2jf /1 , Title: Preis ent Corporate Secretary �or+Equivalent Town/City/County Clerk State of Colorado ) ) ss. County of Weld ) The foregoing instrument was acknowledged before me this-day of . IrN`4 by V,.v 0).,1... . . as of ,.w..,,Qs6)41_0• citinNotary Publ c My Commission Expires: 3-a.$k q1 (04/92) 2823F • 940814 EXHIBIT A LEGAL DESCRIPTION Lot B is a parcel located in the Northeast 1/4 of Section 17, T2N, R68W of the 6th Prime Meridian, Weld County, Colorado. The map describing the parcel was recorded in Book 1270 as Reception No. 2220722. Beginning at the northeast corner of Section 17 as bearing north 00°00'00" east with all other bearings contained herein relative thereto; thence S89°20'08"W, 263.51 feet to the Point of True Beginning, proceeding thence S11°10"30"W, 622.69 feet; thence S59°58'30"W, 288.91 feet;thence S33°30'00"W, 157.69 feet;thence S30°12'00"W, 296.14 feet; thence S53°56'00"W, 580.53 feet; thence S00°17'00"W, 516.31 feet; thence S89°27'00"E, 155.64 feet; thence N04°49'00"W, 131.99 feet; thence N18°06'00"E, 60.22 feet; thence N50°10'00"E, 78.21 feet; thence N60°53'00"E, 202.55 feet; thence S47°14'00"E, 408.84 feet; thence N19°27'00"E, 187.26 feet; thence N30°30'00"E, 527.03 feet; thence N39°50'00"E, 201.97 feet; thence N31°04'00"E, 214.87 feet; thence N29°51'00"E, 192.91 feet; thence N32°34'00"E, 189.73 feet; thence N29°10'00"E, 104.43 feet; thence N08°14'00"E, 277.70 feet; thence N10°20'00"E, 133.48 feet; thence N27°51'00"E, 196.67 feet; thence S89°30'16"W, 327.96 feet to the northeast corner of Section 17. This parcel contains 28.7 acres, more or less. A non-exclusive access easement was recorded as a Corrected Recorded Exemption No. 1313-17-1-RE915 and is described on the following page. A-1 940814 hal EXHIBIT A (Continued) Together with a non-exclusive easement for ingress and egress for residential purposes as shown below. The maintenance of which shall be shared equally between the owners of Exemption 1313-17-1- RE915, Lots A and B. A strip of land, 15.00 feet in width, extending from a line that bears N00'17'00"E, Westerly and Southerly to the East-West Centerline of Section 17, located in the NE1/4 of Section 17, T2N, R68W of the 6th P.M. , County of Weld, State of Colorado, said strip of land being 7.50 feet on each side of the following described Centerline: Commencing at the E1/4 Corner of said Section 17, thence N89°45 '11"W, 1314.09 feet along the East-West Centerline of said Section 17 to the Southwest Corner of that tract of land conveyed to James M. Strahan and Linda L. Strahan as described in Warranty Deed recorded in Book 0979 at Reception No. 01906047 of the records of Weld County, Colorado; thence N01'19 '00"E, 623 .89 feet along the West line of that tract of land as described in said Book 0979 at Reception No. 01906047 to a Northwesterly Corner thereof; thence S89°27 '00"E, 1.50 feet along the Northerly line of that tract of land as described in said Book 0979 at Reception No. 01906047 ; thence N00'17 '00"E, 97.04 feet to the TRUE POINT OF BEGINNING; Thence S58°33 '00"W, 11.20 feet; Thence N87°49 '00"W, 24.79 feet; Thence 502°11'00"W, 421.73 feet to a point of curve to the right; Thence Southwesterly, 77.49 feet along the arc of said curve to a point tangent said arc having a radius of 120.00 feet, a central angle of 37°00'00" and being subtended by a chord that bears 520'41'00"W, 76.15 feet; Thence 839° 11' 00"W, 121.53 feet to a point of curve to the left; Thence Southwesterly, 84.78 feet along the arc of said curve to a point tangent, said arc having a radius of 150.00 feet, a central angle of 32'23 '00" and being subtended by a chord that bears 522'59 '30"W, 83.66 feet; Thence 506'48 '00"W, 51.59 feet to the East-West Centerline of said Section 17 and the POINT OF TERMINATION. A-2 940814 EXHIBIT B -II WES TERN \ 6P — _ _ —_ l? — 6REA '� II x Ch reef H W Y 119 92/— � ' \\ ; / 9 'WB • Ch14 ana HamR . . __.. — yr v �, ) , � I T2N I / V r _ �{ , xc ,p„ fir= ` r vBA S� ): /C 9 = ‘..-„. ‘ . r — ti i - B — �� 4. x660 --�Q: , \-----i-=':5-%':---- ' r---j---, i7 I \—AJ se, m •I SITE X66' \ y ��'�2 �/r r �� 1 y Jessum • )j" 1 'I, \ ., 92 !�*/ '�I BM WELD CO ROAD 20 1/2 -.� 9 489:x' • . ,4878 16 17 � • -------..,.___„\ ---...,,, \ -<44:----- / is �; ';, r 1 `Li �f of o i �-„�� ._ a� 493)✓ \V I / (/ 4962 / t - 111I ) ((.� ('.' / �\ .' J \\ \) ) i68W �� j� J r J - L4890-; LONGMONT, CO. USGS 7.5' QUADRANGLE TOPOGRAPHIC MAP OCR DJEK IRA ° F) /^\ TUTTLE APPLEGATE, INC. DATE: 8/4/93 SCALE: I"=2000' / \ 6onou(tanta for Lana and Roouru Daoloom.nl JOB NO.: 93-170 O1\\ JI 990 Grant Street.Suite 410 DRAWN BY: LLD Denver,Colorado 80253 SHEET: O F: (303)452-6611 NECKED BY: PLH 940814 EXHIBIT C PRE-MINING AND MINING PLAN MAPS OF AFFECTED LANDS The pre-mining conditions at the site are shown on drawing C1, Sheet 1 of 2, and the mining and reclamation conditions are shown on C2 and F, Sheet 2 of 2. The third sheet shows details for the inflow and outflow channels and the cutoff wall. All full-size drawings are inserted in pockets at the end of the application. C-1 940814 EXHIBIT D MINING PLAN Site Description The permit mining site is located in Weld County, and borders Boulder Creek just north of Weld County Road 20 1/2. The total property is comprised of 28.6 acres, of which 11.85 acres will be mined to extract gravel. Portions of the site west of the 100-year floodplain will be used to temporarily stockpile overburden and raw material as needed. The unaffected property will continue to be used for agricultural purposes during and following the single mining phase. The site has an existing single family residence as shown on Exhibit C1, C2 and F. A small existing shed, located south of the existing propane tank, will be removed when it interferes with the mining. Drawing C1 shows the approximate pre-mining contours of the site and the 100 year floodplain delineation documented by the Federal Emergency Management Agency (FEMA). The existing topography was taken from an unpublished study sponsored by the Colorado Water Conservation Board (CWCB). The two feet contour intervals were derived from aerial photographs taken in the late seventies. These contours seem to be representative of the existing conditions observed during a recent site visit, but no spot elevations were surveyed for comparison to the earlier study. The landowner has indicated that there have been no significant changes to the property since the time that the photos were taken. The CWCB 100-year flood elevations and floodplain delineation are shown for reference only, but the FEMA floodplain was used for planning purposes. The proposed mining area was planted in a pasture grass by the current owner, and is shown on the pre-mining map as being as much as 8 feet below the road elevation at the south end of the property. The pasture is four to six feet below the existing berm that follows the west bank of Boulder Creek. These features seem to be consistent with those of the CWCB aerial contour maps. Mining Methods The mining will be completed in a single phase within five years. The gravel deposit is expected to be approximately 13 feet thick over a mining area of 11.85 acres. This is a relatively small operation which has a gross capacity of providing nearly 200,000 cubic yards of raw gravel. The applicant wants to mine the area as quickly as market conditions permit, since he plans to use the resultant private pond for recreation as well as water storage. D-1 940814 The applicant is proposing to have C & M Company become the operator for this pit. C & M Companies have a permitted sand and gravel operation located immediately to the west of the Schell property. C & M Companies would extract the sand and gravel from the Schell Pit and carry it overland in scrapers to their plant. The haul route would be located on a temporary easement across City of Longmont property that adjoins the Schell property on the north. C & M Companies would incorporate this temporary easement into their existing permit and be responsible for the permitting and bonding. After the overburden has been removed within the mining limits shown on drawing C2, the gravel will be extracted using dry mining methods in conjunction with a dewatering trench and sump pump. The mining will be primarily completed with a front-end loader and a scraper. Since no processing will be done on site, most of the raw material will be loaded directly onto scrapers and hauled off-site. Stockpiled materials will be kept to a minimum to avoid extra handling of the raw material. Once the ground surface has been lowered to a foot above the existing groundwater table, a dewatering trench will be dug at the perimeter of the mining limits to a depth of two feet below the shale interface. The bottom of the trench will be graded to cause groundwater to gravity flow toward the north end of the pond, where a sump pump will be installed in a sediment collection basin. The groundwater and collected stormwater will be pumped directly to Boulder Creek after sediment has settled out. The water quality of the discharge will be regulated by an NPDES permit. The dewatering pump will be sized to adequately drain the work area during the mining period. The proposed permenant berm in the northwest property corner will be constructed outside the 100-year floodplain and vegetated, as soon as overburden is available. The berm will reduce the visual and noise impacts of mining activities to adjacent properties. Since many nearby properties are currently being mined, few of the impacts created by this mining operation are expected to be objectionable to neighbors. The vegetated berm will improve the overall quality of wildlife habitat at the site by adding to the diversity of the riparian corridor. D-2 940814 Overburden The overburden and topsoil within the mining limits has been disturbed or removed by prior property owners, therefore the total amount of overburden is expected to be less than originally estimated. No test holes were drilled on this property to investigate subsurface conditions. Drilling logs from a nearby property were used to estimate depths to the water table, to shale bedrock, and thickness of the gravel layer. A 3 feet average thickness of topsoil and overburden was originally assumed to calculate available quantities. Site observation revealed that between 25 to 50 percent of the overburden may have been removed from within the mining limits by others. Therefore the estimated available overburden quantities were reduced by half. It is expected that more overburden (approximately 17,000 tons) may need to be imported to complete the proposed backfilled sideslopes of the resultant shale-lined pond. See Exhibit C2 & F for a cross-section detail of the typical backfilled sideslope. A portion of the imported material will be comprised of sand, which will be used to form a boat access area at the southwest end of the pond. The boat access area will be constructed with a maximum 12% slope from the road to elevation 4,855 above mean sea level (MSL), to allow vehicle access for launching and retrieving boats. Since the area was previously used as a feedlot, there is a heavy organic content in the soil. For this reason, the topsoil and the deeper overburden will be mixed together and used as a topsoil layer for revegetated areas located above the operating water elevation of 4,864 MSL. No acid forming or toxic substances have been discovered on the property and none is expected to result from the raw gravel extraction. Refuse and waste will be properly dispose of and hauled to a suitable, legal disposal area during mining and reclamation phases. Dewatering Effects On Adjacent Wells The nearest well is approximately 1200 feet away from the south end of the proposed pond, and is not expected to be impacted during the mining dewatering operation. This well is upgradient and is a significant distance from the passive dewatering trench. Exhibit G1 shows the locations of the nearest wells and water rights. After the pond has been lined, operations at the project site will be independent of the groundwater and will have no effect on adjacent properties. D-3 940'314 Mining Schedule The disturbance associated with this project is as follows: TABLE OF DISTURBANCE Major Disturbance Excavated Mining Area 6.0 acres Overburden Stockpiles 0.5 acres Raw Material Stockpiles 0.5 acres Moderate Disturbance Backfilled Sideslopes 2.5 acres Berm Construction 0.5 acres Minor Disturbance Reseeded/New Growth Surface Areas 2.5 acres TOTAL DISTURBED AREA 12.5 ACRES Timetable The mining schedule relies heavily upon market demand for the material. The operator would optimistically like to complete mining within a year, followed immediately by reclamation. Given the historic operation of the C & M Distel Farm Pit, it is highly likely that the 200,000 tons of material would be removed within the one year time frame. The project could take between 2 to 5 years of mining with sequential reclamation following the mining. This time frame would occur if market conditions worsened. Mining will begin in 1994 and may continue into 1999. Approximately one year following the completion of mining will be needed to complete final grading and revegetation. Reclamation will begin in 1995 and continue through the end of 1999. The sequence of mining activities are as follows: 1. Begin stripping overburden from the northern half of the area within the mining limits. Do not disturb shrubs or trees outside the mining limits. 2. Construct a freeform berm in the northwest corner of the site, topped with no less than a 12 inch thick layer of the topsoil/overburden soil mixture. The berm is a maximum height of 4 feet and has a maximum top width of 10 feet. Relocate the south existing irrigation ditch and extend to the southern end of the berm to irrigate trees and shrubs planted on the berm. D-4 940814 3. Construct a sump pump collection basin near the northeast corner of the pond to collect and discharge groundwater and stormwater from the mining area. The basin is designed to improve the water quality of the discharge by reducing the sediment load contained in it. 4. Construct a dewatering ditch around the perimeter of the stripped area and grade the bottom slope to flow to the sump collection basin. Dig the bottom of the ditch at least 2 feet below the shale interface. 5. Extract raw gravel and transport to off-site destination. 6. Begin backfilling the sideslopes along the shoreline of the pond following completed sections of the mined area. A detail of the typical sideslope is shown on Exhibit C2 & F. A shale core will line the pond to create an impermeable barrier which will keep groundwater out of the pond. A top layer of overburden provides a growth medium for vegetation and a smooth shell surface for the sloping shoreline. 7. Vegetate finished sideslopes above the operating water surface elevation to retain soil in place and reduce potential soil erosion. 8. Repeat the mining sequence progressing from north to south. The mining and reclamation activities are scheduled to be completed within five years. 9. Construct the northern outfall channel and riprap cutoff wall. 10. Construct the inflow channel to the pond. Divert the southern outfall from the adjacent property's spring-fed pond to the proposed pond. 11. Repair and reseed all disturbed or poorly revegetated areas. D-5 940814 EXHIBIT E RECLAMATION PLAN The site will be reclaimed as a rural home site with riparian habitat along Boulder Creek. The owner wants to preserve the existing rural ambiance and enhance the wildlife habitat at the site. The mining and reclamation operation will avoid disturbing the wetlands along the creek, east of the existing berm. Reclamation will increase the diversity of trees, shrubs and grasses preferred by wildlife for food and shelter. The sequence of mining activities describes the associated and concurrent reclamation • activities. A free form northwestern berm will be constructed from on-site overburden to mitigate the visual and noise impacts to adjacent properties. It will be seeded with drought resistant grasses, and planted with a variety of trees and shrubs. The southwest irrigation ditch will be relocated and extended to provide irrigation water at the berm for a minimum of two years, while the plants are becoming established. A lined pond will be created by the mining/reclamation operation. The pond will have an exposed water surface area of 10.0 acres. The pond will store 74.3 acre-feet of water at an operating elevation of 4,864 MSL. The minimum shoreline elevation will be 4,866 MSL, and the shoreline will be backfilled to a 3:1 slope after the mining has been completed in each section. The boat access area will have a maximum slope of 12% to accommodate vehicles with boat trailers. The private pond will be used for recreation by the owner's family and will store water for future beneficial use. Grading and Backfllling. The grading will result in a smooth undulating ground surface with an irregular shoreline, which will preserve numerous large trees along the perimeter of the pond. The perimeter of the pond will be graded and revegetated to blend with the existing naturally diverse riparian corridor. Disturbance to areas outside the mining limits will be minimized to preserve the natural vegetation conditions. The grading will be completed with small equipment to minimize the amount of ground surface disturbed while matching existing grades. Care will be taken to preserve existing trees and shrubs. No grading or disturbance will occur east of the berm on the west creek overbank. No structures will be built in the floodplain above the existing ground surface. Backfill the shoreline to a 3:1 maximum sideslope, sequentially following mining. First, an impermeable core of shale material will be placed against the highwall profile, then a layer of overburden will be placed as an outer shell and graded to the final contours. The shale core will be keyed in to the undisturbed shale bedrock which forms the pond bottom. The shale for the core will be excavated from the bottom of the pond and comprise approximately 75 percent of the backfill material for the sideslopes. E-1 940S14 A shortage of overburden is expected, so overburden will need to be imported to the site to complete backfilling. The imported material will be transported directly to the backfilling site in the bottom of the excavation. Stockpiling will not be necessary, since the importing operation can be coordinated with the backfilling to minimize material handling. It is anticipated that the C & M Companies Distel Farm can provide adequate overburden for the proposed reclamation. Topsoil Topsoil and overburden from the site will be mixed and stockpiled in a single pile, since the high organic content of the soil makes it valuable for revegetation. The organic content comes from the previous use of the land as a feedlot and organic deposition from floods. The on-site overburden/topsoil mixture will be placed as a top layer over imported soils which are in vegetated areas. The initially stripped overburden will be used to construct the permanent northwest berm, so that it can be vegetated at the very beginning of the project. The stockpiled overburden/topsoil will be placed outside the 100-year floodplain limit. Because of the shortage of material and the sequentially phased mining and reclamation, the stockpiles will be relatively small. The stockpiles will be relocated as mining progresses toward the south. Revegetation Revegetate disturbed areas and sideslopes, after they have been finish graded, with a native grass mixture. The grass mixture, seeding rate, fertilizer and mulching recommendations prepared by the USDA Soil Conservation Service for this site will be used in all reclaimed areas located above the operating water level. No fertilizer is expected to be needed in areas covered with 6 to 12 inches of the highly organic mixture of topsoil and overburden. No trees will be removed outside the mining limits. A variety of trees and shrubs will be planted on the northwestern berm to screen the mining activities, and to create additional wildlife habitat and a protected travel corridor to the creek. Preserving existing vegetation lying outside the mining limits is a high priority goal for this site, because the owner enjoys observing wildlife and wants to attract more wildlife after reclamation has been completed. There are several old cottonwoods that the land owner wishes to preserve within the mining site. Special provisions will be taken to irrigate these trees during the dewatering and mining operations. If the trees are not salvageable, the land owner will establish new trees through natural succession to replace them. The provisions of the 404 permit describe the mining methods recommended to maximize the propagation of new cottonwoods along the Boulder Creek corridor. E-2 940814 Grass seed will be drilled approximately one-half inch deep during the optimum seeding period between November 1 and April 1. The grass seed mix includes drought resistant varieties which will withstand normal semi-arid climate conditions without irrigation. Wildflower seeds may be hand broadcast in drifts to add variety to the final grass cover. Noxious weeds will be controlled by mowing prior to seed head formation. If more intense control is considered necessary, an appropriate chemical weed control substance will be selected. The chemical will be compatible with use near running water. Clusters of trees and shrubs will be planted on the northwestern berm, and species will be chosen from the following lists: TREES SHRUBS Cottonwood Antelope Bitterbrush Aspen Fourwing Saltbush Russian Olive Hansen Rose Golden Willow Woods Rose Green Ash Siberian Peabush Hackberry Chokecherry Rocky Mountain Juniper Native Plum Ponderosa Pine Skunkbush Scotch Pine Sumac/Quailbush Eastern Red Cedar Nanking Cherry Blue Spruce Redstem Dogwood The total number of plants shall be comprised of no more than 30 percent of any individual species, so that the vegetation will contain a variety of different plants with contrasting shapes, colors, seeds and type of animal habitat. No trees or shrubs will be planted along the shores of the pond as a part of the reclamation plan. No landscape plan was prepared since the after use is residential and that use is assured by the presence of an existing house on the property (112 (3)(a)). Drainage and Sediment Control All stormwater drainage within the mining operation will flow in to the excavated area. During the mining phase, the stormwater and ground water will flow to a sump pump in a water quality collection basin and then be discharged directly to Boulder Creek under the regulation of an NPDES Permit. The basin will filter sediment from the water before it is discharged. E-3 940814 After the pond has been reclaimed and filled by diverting flow from the western irrigation ditch, the south ditch will be relocated to direct a spring-fed discharge that flows onto this property to the pond. This will provide a constant fresh water supply exchange in the pond and will ouffall to the creek at the north end of the pond. Stormwater and the spring discharge will pass through the pond to the constructed outfall point. The riprapped cutoff wall will be constructed outside of the delineated wetland area. The cutoff and riprapped outfall area will be at or below existing ground surface elevations, and will not constrict potential flows in the floodplain. The pond will perform a detention function for water draining into it, allowing time for sediment to settle out before water discharges to the creek. Disturbed areas will be seeded with native grasses as soon as they will no longer be disturbed by the mining operation. Grass cover and subsurface roots anchor soil particles in place, and cause sediment to deposit by filtering and reducing velocities. Disturbed and newly seeded areas will be inspected monthly to correct minor erosion areas before they become more severe. E-4 940814 UNITED STATES Soil 9595 Nelson Road #D DEPARTMENT OF Conservation Longmont , CO. 80501 AGRICULTURE Service Phone : 776-4034 August 24 , 1993 F?ECEIVED Tuttle Applegate , Inc . AUG 2 61903 11990 Grant Street , #410 Denver , Colorado 80233 Attn: Ms . Pamela Hanson, P. E . RE : Revegetation Plan Enclosed, please find recommendations for the reclamation of the property in the NE1/4 Section 17 , T2N, R68W which you requested. SOILS: The soils found on the site are classified as Vona Sandy Loams and care needs to be exercised to prevent soil erosion both during and after mining operations are completed . During construction, stockpiled soil should be protected by establishing a temporary cover of an annual grain or sorghum to control erosion. After mining is completed, the stockpiled soil should be spread back on the slopes and areas to be seeded. These areas should have slopes no steeper than 4 : 1 with 6 : 1 being more desireable . The topsoil should be thoroughly mixed with the existing soil to a depth of 6-8 inches . All foreign water should be diverted and not allowed to run down the slopes . FERTILIZER: Fertilizer should be applied based on a reliable soil analysis/test . Generally, 40 # ' s of Nitrogen and 40 # ' s of Phosphorous should be applied immediately prior to seeding. The fertilizer should be lightly worked into the soil . GRASS : The following grass mix is recommended for this site : Vaughn Sideoats Grama 20% 1 . 8#PLS/ac . Pastura Little Bluestem 20% 1 . 4#PLS/ac . Lovington Blue Grama 15% . 3#PLS/ac . Grenville Switchgrass 20% 1 . 0#PLS/ac . Llano Indian Grass 10% 1 . 0#PLS/ac . Barton Western Wheat 15% 3 . 5#PLS/ac . It is highly recommended to use a good grass drill having an agitator , depth bands and press wheels . If the use of a grass drill is prohibited and the seed is broadcast , then the above rates should be doubled. The seed will need to be covered by harrowing . E-5 940814 MULCH : Approximately 4 , 000#/ac . of clean straw or native hay should be spread evenly over the area and crimped into the soil . This will help to protect the new seeding and help to control soil erosion. TREES/SHRUBS : Shrubs best suited to this site would include Sumac , Skunkbush and Lilac . Taller growing trees would include Rocky Mountain Juniper , Eastern Red Cedar and Ponderosa Pine in the evergreen species . Deciduous species would include Siberian Elm and Hackberry. I hope this information will be satisfactory to your needs . If you need additional information, please do not hesitate to call . S ncerely, wwanv Ltia-�2a Sfr N rman J . e11s , Jr . District Conservationist 940814 E-6 EXHIBIT F RECLAMATION PLAN MAP The reclamation conditions are shown on sheet 2 of 3, Exhibits C2 and F. The third sheet shows details for the inflow and outflow channels and the cutoff wall. All full-size drawings are inserted in pockets at the end of the application. Note that the depiction of the haul route on the City of Longmont land is not within the permitted area. This easement will be permitted and bonded by the C & M Companies Distel Farm. The applicant will stipulate that no mining will take place until the proposed agreements have been executed by C & M and all necessary amendments have been incorporated into the C & M Permit (M-89-029) for Distel Farm. F-1 940814 EXHIBIT G WATER INFORMATION Surface Water The mine site is adjacent to Boulder Creek in Weld County. The topography is fairly smooth and the land slopes northeast toward the creek. Small roadside ditches and a swale east of the residence collect overland drainage and outfall in the pasture, where gravel will be mined. There is an existing berm that parallels Boulder Creek and is immediately adjacent to it. This berm is of unknown origin and is considered to represent historic conditions with respect to drainage. The pasture is lower than the existing road on the west and the berm on the east, with a gradual slope from south to north. The 100-year floodplain borders the east edge of the access road and existing home site, covering the entire pasture. The floodplain depth varies between two to four feet over the low, eastern half of the site. The floodplain is wide and shallow in this reach and is expected to have low velocities in the overbank area. The effects of the existing berm were not considered in available flood studies, though the ground topography indicates that it was present in the north part of the property in the late seventies. It is unknown whether it was present in the south at that time, since the aerial map is very dark in that area. It was assumed to be present at that time. All overburden and raw material stockpiles will be located west of the floodplain, so they would not constrict potential flows. This would also minimize sediment available for transport by floodwaters. Imported overburden will be temporarily stockpiled, if necessary, in the excavation close to the sideslopes. The importation of material will be scheduled to minimize stockpiling, since this would reduce the labor involved in handling the material. The stockpiles will be maintained at elevations less than the historical ground surface, so they will not restrict flood flows. The excavation will provide extra flood storage, and will allow sediment from detained waters to settle out before the water is discharged to the creek. The applicant does not claim any special benefits from the additional storage volume, and will not request that the floodplain delineation be changed due to this small project. Stormwater from the mining-impacted areas will drain to the excavation before being pumped from the sediment collection basin, during the mining phase. Groundwater The excavation will intercept the alluvial aquifer and groundwater table which supply water to Boulder Creek. The groundwater fluctuates between one to three feet below the ground surface in the pasture, where test holes were observed. G-1 940814 The dry mining operation will be established by excavating a dewatering trench around the perimeter of the excavation. The water will flow by gravity toward a collection basin in the north end of the pond. The groundwater will be pumped to the creek to artificially lower the water table below the mining activity level. Since the pond will be lined after reclamation has been completed, groundwater will no longer enter the pond area. The relatively small size of the pond and the location adjacent to Boulder Creek will minimize any impacts to the groundwater table from the lining operation. The owner intends to augment future pond evaporation losses with 2 shares of the Godding, Plumb, and Dailey Ditch which are owned with the property. These water rights are expected to supply enough storage water to operate the pond at elevation 4,864 MSL. The spring-fed water from the adjacent property will be diverted to improve the water quality of the pond, and would supply additional storage water, when no call is on the creek. The spring fed water will pass through the pond and outfall when a call is on the creek. The appropriate documentation will be submitted to the Water Court to relocate the outfall to the north end of the property and use the water to fill the pond and replace evaporation losses. See additional information in Property Water Rights section of this exhibit. Dewatering Effects on Adjacent Wells and Water Rights A map and tabulation of surrounding water rights and well permits are included in Exhibit G. Water rights and well permits for shallow wells which are located within a 1/2 mile radius of the property are located on the map, Exhibit G1. Boulder Creek is a natural hydrologic boundary, so no water rights or well permits located east of the creek were identified. The pit will be dewatered during the mining phase, and some drawdown of the existing water table will occur due to the dewatering. Several circumstances decrease the potential for injury to any of the neighboring water rights. Some of the mitigating factors are: 1. The nearest well permit is more than 1,200 feet from the southern mining limit. A passive, gravity flow drawdown is unlikely to have a significant influence on the water table elevation at this distance. 2. Sealing the pit from the alluvial aquifer with a shale lining will minimize the drawdown effect in the vicinity of the dewatering activity. The lined shoreline will form a hydrologic boundary which will separate the pond from the groundwater after reclamation has been completed. Therefore, no impacts are expected once the pond has been sealed and is being used for recreation and water storage. 3. If any substantial drawdown does occur during mining, the applicant will work with the affected well owners to mitigate the impacts. Suggested mitigation alternatives include: 1) supplying the owners with temporary supplementary water, 2) lowering the pump in an existing well, 3) drilling a new well, or 4) accelerating the schedule for sealing the shoreline of the pond. G-2 940814 Permits An NPDES permit will be applied for and obtained prior to discharging groundwater and stormwater from the site. A Stormwater Management Plan (SWMP) will be prepared as required by the discharge permit. The U.S. Army Corps of Engineer's has reviewed and approved a map of the wetland delineation of the site and the mining limits. The Corps has determined that an individual 404 permit is necessary for this proposed project. An application has been submitted to the Corps and a permit will be furnished to the DMG upon receipt from the Corps. The applicant will stipulate that no wetlands will be disturbed prior to receiving Corps of Engineers approval. No mining extends east of the existing berm into the riparian corridor along the west bank of Boulder Creek. Since no above ground structures will be located in the floodplain, no Weld County floodplain permit will be applied for. Evaporation Losses Estimated evaporation at the site was determined to be 40.0 inches, as shown in NOAA Technical Report NWS 33, Evaporation Atlas for the Contiguous 48 United States, Washington, C.D., June 1982, Map 3 of 4, Annual Free Water Surface Evaporation, U.S. Department of Commerce, National Oceanic and Atmospheric Administration, National Weather Service. Annual precipitation was estimated to be 13.00 inches, based on a thirty year record from 1951 through 1980, at the nearest gage station "Longmont 2 ESE". The information is contained in Climatography of the United States No. 81 (By State), Monthly Normals of Temperature, Precipitation, and Heating and Cooling Degree Days 1951-1980 by the National Weather Service. Effective precipitation was estimated to be 70 percent of the total precipitation, or 9.1 inches. The net annual evaporation from the open water surface is the difference between the effective precipitation and gross evaporation values, or 30.9 inches over the pond surface. Evaporation was assumed to be 0% during the months when the water surface is normally frozen, so a credit was taken for the estimated evaporation in the months of January (2.9%) and February (3.2%), or 2.44 inches. Therefore, the resulting adjusted net annual evaporation is 28.46 inches. 40.0" - 9.1" - 2.44" = 28.46" Adjusted Net Annual Evaporation. Mining Consumptive Uses During the mining operation, groundwater will be exposed to the surface only in the dewatering trench and in the sediment collection basin. This water will gravity flow in the trench toward the collection basin before being pumped to Boulder Creek. The exposed water surface in the dewatering ditch around the perimeter of the entire lake is 0.31 acres. The annual evaporation losses from this source is estimated to be 0.74 acre-feet. G-3 940814 An estimate of 200,000 tons of raw material will be excavated per year from the site for five years. Four percent of the material by weight is estimated to be residual water, which will be transported off site with the raw material. This results in an annual consumptive use of 5.89 acre-feet of water exported with the raw material. Dust control on haul roads (2400 linear feet by 20 feet wide) was estimated to use 1/8 inch of water, three times per day. If the site operated 100 days that required dust control, this would result in an additional consumptive use of 3.44 acre-feet per year during the mining phase. The maximum total annual consumptive use during the mining phase would be 10.07 acre-feet per year. Post Mining Consumptive Uses The proposed mining operation would create a pond with 10.02 acres of water surface at the operating elevation. This amounts to an adjusted net annual evaporation volume of 23.76 acre-feet per year following reclamation. Project Water Rights Two (2) shares of the Godding, Dailey and Plumb Ditch were transferred to the owner with the purchase of the subject property, as recorded in the Deed of Trust included in Exhibit O. Table G1 lists the annual and monthly diversions for the ditch for a 20 year period (1973 - 1992). The average annual diversion through the Godding, Dailey and Plumb Ditch at the headgate over the 20 year period is 2196.7 acre-feet. There are a total of 40 shares of stock in the ditch company. Consequently, the average annual pro-rated diversions for the 2 shares is equal to 109.8 acre-feet. Assuming a 10 percent ditch loss and a 60 percent farming efficiency, the total average consumptive use of the 2 shares is equal to 54 percent of the prorated diversions. The 2 shares is equivalent to an average annual volume of 59.3 acre-feet of consumptive use water, which is available for augmentation of the evaporative losses on the site. The 2 shares of the Godding, Dailey and Plumb Ditch are sufficient to augment the consumptive uses of water during the mining and reclamation phases. The mining consumptive uses include water adhering to materials exported from the site, dust control and evaporation losses from dewatering. Reclamation consumptive use includes only evaporation losses from the constructed pond. G-4 940814 EXHIBIT G1 rr WESTERN ( `�� _ II. /GREA 4y0 //I / / o�O-i 11/__ iP Midwest <9d 4 J 491311 ' : .Ch lArens Home ' ( HWY 118 9 it - s �Th---_� \ c©�' 1 c) I I _ k, , ' . � /2 '2\ ', \,I!� p , � (✓ ' o f // �� 9 T 2 N r _ �I �Yl w , 1,,- t ' , __5-z)._.-- _t_— �'� d O 1 ice„ '42 L/ — \,-- fiBl 1� I \ r I� C. fl 11 il —� p do ,� ) i v . q� o n gF9y B :?) yri \. 489 JeSp• -- I[;/ L' BM WELD CO ROAD 20 .1v(2 -- v---__ 1B •g - �� 4aie— 16 17 �y D V ))-,-,: ._- _.--_1- 0•,„ K • , it so_ dm• V/, ZS 1. �g / _.V i, �o'�� -20_ / on 7 O I �l 11 P R 6 81l�/ �. - ") �., I.I - ll j - ' M ' JUL ILIOn,711OCk] Dt1CQp TUTTLE APPLEGATE INC. DATE: 8/20/93 �� s_ Consultors rs for Laid and Rnwuru Development JOB NO.: 93-170 SCALE: ire=2000 II900 Groot Street,S40 DRAWN BY: TRY Nova,Colorado 80255 SHEET: I OF:(303)452-een HECKED BY: PLH 940814 \ EXHIBIT G2 t e T ct 'Scp�`s �iy+k4 .�. � � ,�s t +t s _ ?_ C �` I..,S. ''� ary : stf$ $max 5 1 r.aYn rY it 1 + L4 . os'.v v LF N , . e :- .— h t'1Q� W a SITE I � t �,. w- � 1(. b n, S,,y ul�, .,..if °6�Y 0 III G,fl I I ,? t C,,r;47.:: w Ciy Cif i —" k s:4,* ..ti ,�r. GL IRIS JESSUM goy i k L ts, .„. v B �I t% t " Y n, *, II 8 Daile�y I�I � • -... Ditch �r t ,:+. ,r r'?. ... Plumb 1 ...—�� `� • f• JEC7).2z - I/�% / n IDAHO CREEK O f% /t ✓A FIRM Community Panel 080266 0850 C Map Revised SeptemberNo. 28, 1982 TUTTLE APPLEGATE, INC. DATE: 8/4/93 SCALE: I"=2000' Consultants mr Lana and R source Development JOB N0.: 93-170 _ — 11990Gran13tree1,9Wta1W DRAWN BY: LLD Denver,0olerado 90233 SHEET: O F (303)432-66U NECKED BY: PLH 1 940814 DAILD AND PLY 1B D :;;s1 E 6. r7 TABLE L'S STRUCTURE i.O. 7�� i TOTAL DIVERSIONS LRCE. BOULDER CREEK FxE:93170DIV.WX1 *• ACRE - ET TOTAL NO. OF SHARES - 40 --N-V--------__- MAR APR NAY .;UN 3ili AUG SEP OCT TOTAL :573 e.I2 0.4 2.2 e.2 0.0 0.2 0.0 4228.0 902.2--- 466.0 2310 2.2 2026. 1574 2.2 0.2 0.0 0.2 0.2 2.0 422.0 655.2 824.0 469.2 158.0 0.0 2528.0 1975 0.0 2.2 0.2 0.0 0.2 0.0 273.0 418.0 919.2 416.8 224.0 2.0 2250.0 :575 2.0 2.0 0.0 0.2 0.2 40.0 501.0 596.0 764.0 499.0 192.0 0.0 2592.0 1977 0.2 0.2 0.2 2.2 2.0 2.0 510.8 706.9 463.3 354.4 352.4 83.2 2471.0 : 78 0.2 2.0 0.0 2.2 0.2 2.0 0.0 574.2 6933.0 641.5 174.2 0.0 2082.9 1973 0.2 0.0 8.0 0.0 0.2 0.2 2.0 62:.9 994.0 554.4 289.1 55.4 2494.8 1 382 0.0 0.0 0.2 0.0 0.0 0.0 0.0 726.7 738.5 538.6 148.5 0.0 2152.3 156: 2.2 0.0 2.0 0.0 0.0 2.0 368.3 407.3 65:.0 526.7 180.2 0.0 2174.1 1582 e.0 0.0 2.0 0.0 0.0 322.9 334.6 392.1 748.4 481.1 116.8 2.0 2365.9 1983 0.0 0.0 2.0 0.0' 0.2 0.0 0.2 257.4 772.2 471.2 207.9 0.0 1708.7 1981, 0.0 0.0 0.@ 0.0 0.0 0.0 257.3 809.8 720.7 493.0 340.6 0.0 2631.4 :985 0.0 2.0 0.0 0.0 0.2 0.0 200.0 558.4 295.0 592.0 108.9 0.0 1754.3 1986 0.0 2.0 0.0 0.0 2.2 0.0 255.9 462.2 470.1 345.1 83.3 @.0 1616.6 1967 0.0 0.0 0.0 0.0 0.@ 0.2 232.8 730.8 492.6 453.4 391.0 0.0 2338.6 1989 0.0 0.0 @.0 0.0 2.0 0.2 171.7 412.8 422.8 528.2 312.9 11.9 1860.3 1959 0.0 0.0 0.0 0.0 0.0 @.@ 350.8 419.9 421.2 426.8 138.8 0.0 1737.5 1930 0.0 0.@ @.0 0.0 0.0 2.0 153.0 585.7 786.0 443.4 364.8 166.6 2499.6 153: 0.2 0.2 0.2 0.12 0.0 0.0 411.4 494.7 749.1 385.9 91.6 0.0 2132.7 ----1592 0-0----_ 2.0 0.0 0. 0 2.0__- 0.0 599`5 44441 905.1 567.9 0.2 0.12 2516.5 IgpX 2.12 0.0 0.2 0.0 2.0 302.9 599.5 829.8 994.8 641.5 391.12 166.6 2531.4 ;SIN e.0 e.0 2.a 0.2 0.0 @.0 0.0 257.4 295.0 345.1 0.0 0.0 1616.6 AVG 2.0 0.@ 0.2 0.0 0.0 17.1 252.5 533.6 687.6 484.7 205.2 15.9 2196.7 NOTE:No diversions were recorded for other moans 94081 4 SODDING DAL',EY AND r:UJMB O17:4! PRO-RATED DIVERSIONS STRUCTURE NO. 527 IN ACRE FEET SOJ CE: BCULDEER CREEK FOR 2 SCARES -- YEAR ---- NOV -��'_ __________ FEB =��'i�-----�-�-----�fAY- - JUN ----``v_ AUG SEP OCT ?A?A.. :973 Z.a 0.0 0.0 0.0 0.0 0.0 0.0 21.4 45.1 23.3 11.5 0.0 101.3 :974 0.Z 0.0 0.0 0.0 0.0 0.0 21.1 32.8 41.2 23.5 7.9 0.0 :26.4 :975 0.0 0.0 0.0 0.0 0.0 0.e 13.7 20.9 46.0 20.8 11.2 0.0 112.5 1976 0.0 0.0 0.0 0.0 0.0 2.0 25.1 29.8 38.2 25.0 9.6 0.0 129.6 :977 0.0 0.0 0.0 0.0 0.0 0.0 25.5 35.3 23.2 17.7 17.6 4.2 123.6 :978 0.0 0.0 0.0 0.0 0.0 0.0 0.0 28.7 34.7 32.1 8.7 0.0 104.1 :979 0.0 0.0 0.0 0.0 0.0 0.0 0.0 30.1 49.7 27.7 14.5 2.8 124.7 1380 0.0 0.0 0.0 0.0 0.0 0.0 0.0 36.3 36.9 26.9 7.4 0.0 107.6 1981 0.0 0.0 0.0 0.0 0.0 0.0 18.4 20.4 34.6 26.3 9.0 0.0 108.7 1982 0.0 0.0 0.0 0.0 0.0 15.1 :6.7 19.1 37.4 24.1 5.8 0.0 118.3 1983 0.0 0.0 0.0 0.0 0.0 0.0 0.0 12.9 38.6 23.6 10.4 0.0 85.4 :984 0.0 0.0 0.0 0.0 0.0 0.0 13.4 40.5 36.0 24.7 17.0 0.0 131.6 :985 0.0 0.0 0.0 0.0 0.0 0.0 10.0 27.9 14.8 29.6 5.4 0.0 87.7 1986 0.0 0.0 0.0 0.0 0.0 0.0 12.8 23.1 23.5 17.3 4.2 0.0 80.8 1987 0.0 0.0 0.0 0.0 0.0 0.0 11.5 36.5 24.6 24.7 19.5 0.0 116.9 1988 0.0 0.0 Z.0 0.0 0.0 0.0 8.6 20.6 21.1 26.4 15.6 0.6 93.0 1989 0.0 0.0 0.0 0.0 0.0 0.0 17.5 21.0 20.1 21.3 6.9 0.0 86.9 :990 0.0 0.0 0.0 0.0 0.0 0.0 7.7 29.3 39.3 22.2 18.2 8.3 125.0 1991 Z.0 0.0 0.0 0.0 0.0 0.0 20.6 24.7 37.5 19.3 4.6 0.0 106.6 :992 0.0 0.0 0.0 0.0 0.0 0.0 30.0 22.2 45.3 28.4 0.0 0.0 125.8 - - ~ - -- - -- -- -- -+ MAX 0.0 0.0 0.0 0.0 0.0 15.1 30.0 40.5 49.7 32.1 19.5 8.3 131.6 N1m 0.0 0.0 0.0 0.0 0.0 0.0 0.0 12.9 14.8 17.3 0.0 0.0 80.8 AVG 0.0 0.0 0.0 0.0 0.0 0.9 12.6 26.7 34.4 24.2 10.3 0.8 109.8 940814 :2EPORT DATE 08/04/93 COLORADO WELLS, APPLICATIONS, AND PERMITS PAGE 1 COLORADO DIVISION OF WATER RESOURCES PERMIT D CO OWNER INFORMATION ACTIVITY STATUS 1ST USED ANNUAL ACRES GEOL WELL WELL WATER SEC LOCAT'N TOWN P CD DATE CD DATE WD MD DB USE DATE APROP IRR AQFR YIELD DEPTH LEVEL COORDINATES QTRS SC SHIP RANGE M /`3094R 1 62 MAYEDA JOHNNY RT 4 BX 179 LONGMONT, CO 80501 5 I 08/15/34 745.00 41 22 SWSW 6 2 N 68 W S 5177 1 62 STARBUCK G A DR 425 SUMNER ST LONGMONT, CO 80501 5 DS 01/30/60 15.00 26 5 SWNW 7 2 N 68 W S 99104 1 62 COLLINS NED 500 HWY. 119 LONGMONT, CO 80501 5 D 08/19/78 5.00 200 12 0190N,1100W NWSW 7 2 N 68 W S 2636AD 1 62 LONGMONT CITY OF LONGMONT, CO 80501 AD M SESW 7 2 N 68 W S 113852 1 62 MOUNTAIN STATE ENGLEWOOD, CO 80110 NP 11/30/79 5 D SESW 7 2 N 68 W S 36149M 1 62 HAYES CHUCK 998 E HWY 199 LONGMONT, CO 80501 NP 12/06/89 5 KLF 2190N,2615W SENW 8 2 N 68 W S 3615CM 1 62 HAYES CHUCK 998 E HWY 199 LONGMONT, CO 80501 NP 12/06/89 5 KLF 2190N,2617W SENW 8 2 N 68 W S 36151M 1 62 HAYES CHUCK 998 E HWY 199 LONGMONT, CO 80501 NP 12/06/89 5 KLF 2270N,2602W SENW 8 2 N 68 W S 36152M 1 62 HAYES CHUCK 998 E HWY 199 LONGMONT, CO 80501 NP 12/06/89 5 KLF 2270N,2600W SENW 8 2 N 68 W S 36153'M 1 62 HAYES CHUCK 998 E HWY 199 LONGMONT, CO 80501 NP 12/06/89 5 KLF 1520N,2060W SENW 8 2 N 68 W S 713D 1 62 BANK OF LAFAYETTE LAFAYETTE, CO 00000 07/13/57 NP 07/18/57 5 D 8.00 252 SWNW 8 2 N 68 W S 8 1 62 COOKSEY LYLE V. ROrrEN, CO 80652 5 D 07/29/57 8.00 252 250 SWNW 8 2 N 68 W S ;t 1 62 C&M COMPANIES P 0 BOX 490 NIWOT, CO 80544 GRAVEL PIT /'�,_ AP 02/07/91 AR 04/12/93 5 0 G GW SESW 8 2 N 68 W S 9 0530VE 1 62 HODGES EDWARD 10759 WCR 7 LONGMONT, CO 80501 AV 11/26/90 5 DS GW 0600N,0800E NENE 9 2 N 68 W S 159089 1 62 HODGES EDWARD E 10795 WCR 7 LONGMONT, CO 80501-2079 NP 11/26/90 AB 02/09/91 5 D GW 5.00 15 0600N,0800E NENE 9 2 N 68 W S 159089 A 1 62 HODGES EDWARD E 10795 WCR 7 LONGMONT, CO 80501 NP 11/26/90 5 D GW 15.00 25 5 0600N,0800E NENE 9 2 N 68 W S 17939 1 62 HEATON ANTHONY RT 4 LONGMONT, CO 80501 6 D 11/01/63 30.00 30 4 NWNE 9 2 N 68 W S 37631F 1 62 BOULDER CREEK ESTATES LTD 3715 BRIGHTON BLVD DENVER, CO 80216 GRAVEL PIT NP 07/13/90 RC 04/07/93 5 0 G 09/06/90 GW SE 9 2 N 68 W S 4495 A 1 62 ENGELHARD LONGMONT, CO 80501 NP 06/18/75 5 S NESE 9 2 N 68 W S 4495 1 62 ENGELHARD WILLIAM L 10477 WELD CNTRY R 7 LONGMONT, CO 80501 5 S 09/21/59 10.00 30 5 2490S,0900E NESE 9 2 N 68 W S 1 62 PALERMO TIMOTHY F 1380 E 64TH AVE DENVER, CO 80229 AP 03/22/93 AU 04/21/93 5 D GW 1600S,0600E NESE 9 2 N 68 W S 1 62 PALERMO TIMOTHY F 1380 E 64TH AVE DENVER, CO 80229 AP 03/22/93 AU 04/21/93 5 D GW 13005,1200E SESE 9 2 N 68 W S 34027 1 62 TEMPERATURE PROCESSING CO & ENGELHA RT 4 BOX 59 LONGMONT, CO 80501 5 D 06/12/68 20.00 30 4 SWSE 9 2 N 68 W S 15102F 1 62 DEL CAMINO CORP. LONGMONT, CO 80501 NP 04/13/70 EP 07/01/71 M NENE 10 2 N 68 W S 940814 REPORT DATE 08/04/93 COLORADO WELLS, APPLICATIONS, AND PERMITS PAGE 1 COLORADO DIVISION OF WATER RESOURCES PERMIT D CO OWNER INFORMATION ACTIVITY STATUS 1ST USED ANNUAL ACRES GEOL WELL WELL WATER SEC LOCAT'N TOWN P CD DATE CD DATE WD MD DB USE DATE APROP IRR AQFR YIELD DEPTH LEVEL COORDINATES QTRS SC SHIP RANGE M 1518 1 62 RINN CHURCH LONGMONT, CO 80501 , 5 D 07/11/58 8.00 105 B SESE 15 2 N 68 W S 11219AD 1 62 WESTERN PAVING CNSTR DENVER, CO 80221 AD 08/26/81 6 0 GW 16 2 N 68 W S 37632E 1 62 WESTERN MOBILE INC C/O P 0 BOX 21588 DENVER, CO 80221 GRAVEL PIT NP 07/13/90 SR 07/09/92 6 0 G GW 16 2 N 68 W S 38399F 1 62 GROOM JAY C/0 P 0 BOX 21588 DENVER, CO 80221 GRAVEL PIT MLRB #83099 NP 07/13/90 SP 02/24/92 6 0 G GW N NE 16 2 N 68 W S 2569 1 62 ECKSTINE JACK RINN, CO 00000 6 D 12/15/58 5.00 24 14 SENE 16 2 N 68 W S 1 62 FRONTIER/OLSEN PIT P 0 BOX 17130 BOULDER, CO 80308 GRAVEL PIT AP 07/16/90 AU 10/04/90 6 0 G GW 17 2 N 68 W S 164800 1 62 SCHELL JUDITH ANN 11820 NIWOT RD LONGMONT, CO 80501 NP 06/08/92 5 DS GW 0800N,0450E NENE 17 2 N 68 W S 145838 1 62 THOMAS JESSE L. BOULDER, CO 80301 NP 10/15/85 5 DS GW SWNE 17 2 N 68 W S 32151F 1 62 OLSON ERVIN LONGMONT, CO 80501 G NP 03/05/81 2 0 GW NESE 17 2 N 68 W S D 155385 1 62 HODGES ED 10759 WCR 7 LONGMONT, CO 80501 NP 09/07/89 AR 09/07/89 5 D GW 15.00 31 31 18005,2300E NWSE 17 2 N 68 W S 3296 1 62 JOHNSON CARL LONGMONT, CO 80501 6 S 05/12/59 10.00 213 30 SWSE 17 2 N 68 W S 48558 1 62 OLANDER RAY C RT 4 BOX 35 LONGMONT, CO 80501 5 D 09/14/71 NWSE 18 2 N 68 W S 75496 1 62 MARICK KEITH & JUDY 1429 LASHLEY ST. LONGMONT, CO 80501 6 H 09/17/74 7.00 285 25 0337S,1690E SWSE 19 2 N 68 W S 37646F 1 62 FLATIRON PAVING C/O BOX 21588 DENVER, CO 80221 GRAVEL PIT NP 07/13/90 SA 09/10/92 5 0 G 08/17/91 GW 20 2 N 68 W S 1 62 WESTERN MOBILE INC /STROMQUIST 1400 W 64TH AVE DENVER, CO 80221-2425 GRAVEL PIT AP 07/16/90 AU 12/16/92 6 0 G GW 20 2 N 68 W S 32149F 1 62 OLSON ERVIN LONGMONT, CO 80501 NP 03/05/81 2 0 GW NENE 20 2 N 68 W S 32150F 1 62 OLSON ERVIN LONGMONT, CO 80501 NP 03/05/81 2 0 GW NENE 20 2 N 68 W S 35469F 1 62 WILLIAMS LESLIE 8876 ROGERS RD LONGMONT, CO 80501 NP 04/26/89 SA 11/30/90 6 0 G 10/28/60 GW 1320S,1320W NESE 20 2 N 68 W S 42169F 1 62 KOBOBEL WILLIAM E 7909 WELD CNTY RD #5 LONGMONT, CO 80501 NP 10/22/92 SP 04/09/93 6 G GW 100.00 14 12 SESE 20 2 N 68 W S 12750AD 1 62 KOBOBEL WILLIAM E 7909 WCR 5 LONGMONT, CO 30501 AD 02/13/92 6 0 G SESE 20 2 N 68 W S 45085 1 62 KENNEDY CARL & HANSEL 910 S DEXTER ST DENVER, CO 80222 6 S 06/28/72 25.00 12 6 0490N,0520E NENE 21 2 N 68 W S 32155F 1 62 STROMQUIST FARMS 12189 OXFORD RD LONGMONT, CO 80501 NP 06/29/83 EP 08/12/88 6 5 NW 21 2 N 68 W S 32153F 1 62 STROMQUIST FARMS 12189 OXFORD RD LONGMONT, CO 80501 NP 02/03/83 EP 08/12/88 6 0 GW SWNW 21 2 N 68 W S 32152F 1 62 STROMQUIST FARMS 12189 OXFORD RD LONGMONT, CO 80501 NP 02/08/83 EP 08/12/88 6 0 GW SWNW 21 2 N 68 W S 940814 REPORT DATE 08/04/93 COLORADO WELLS, APPLICATIONS, AND PERMITS PAGE 2 COLORADO DIVISION OF WATER RESOURCES PERMIT D CO OWNER INFORMATION ACTIVITY STATUS 1ST USED ANNUAL ACRES GEOL WELL WELL WATER SEC LOCAT'N TOWN P CD DATE CD DATE WD MD DB USE DATE APROP IRE AQFR YIELD DEPTH LEVEL COORDINATES QTRS SC SHIP RANGE M 32154F 1 62 STROMQUIST FARMS 12189 OXFORD RD. 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O gg(S"—" 4 . st k » &4 w =F eeesaesaseaa2SesafII2sasssSaa%eessS53$$$T$$2sassa$stsa 40 M N N N N N ry 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 � NNNNNNN.I...�ac8RRRT..NNNNNN NAAAAAt RRRRRRRRRFtARRRARR .�nn.��.�n - I MINIM Ig i as llIlillillill lillifill $ ia zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz.0OJ%, zzzzzzzzzzzzz SS M gl HI illil66GG8 liiiiiiiiiiii illII IIIIIIIiiiiitl16iiiiiii a ' &&&&&&&a agrrn NMC*&`CIC&OC .C11919&ga ..... 2aaa c.C� .. X aaaaa3ac»CCc0CC»Cccnaacco0:naccar°:cv».a»:cooeaaaaaa»ad ill " it ye "eaaa �yIaa asa1='-=5 ^ g "".4-mm"yy "' y $I PE "Nas'aasa ^- N7lgi gli4 PPE4=se6;--G_ ^y- ^449_p` t®®.-023"53";= rJa aaooegag EGG .-==g5 ;pl33;6Etl1g g9i-i.ii g yV s a ..rpwww55 � xxxnE AV � ��i r9NQ��xxRP MiNaaaan�n��aaaaaaaaaaaaaaaa EXHIBIT H WILDLIFE INFORMATION The Schell Pit property borders the west side of Boulder Creek. It provides lowland riparian habitat for wildlife and functions as a migration corridor for wildlife. Existing trees and shrubs provide food as well as protected shelter for birds and small animals. The reclamation plan includes constructing a vegetated berm in the northwestern corner, which will widen the riparian corridor and provide a wildlife travel route connecting with the undeveloped land adjacent to this property to the north. The adjacent property is owned by the City of Longmont. The proposed plan preserves and enhances the existing corridor along Boulder Creek. Information submitted to the Division of Wildlife was based on preliminary operating plans and was prior to the agreement with C & M Companies. There will be no low water crossing at Boulder Creek as trucks will be accessing the site from the northwest corner via the City of Longmont property. The Colorado Division of Wildlife has been contacted about this project and their report is included on the following page. H-1 940814 MI'-"n- LAND WILDLIFE QUESTIONN 7" for limited impact and select regular mine applications 1 . Name of Company/Mine: Twin Peaks Excavating, Inc. 2 . Name/Address/Phone of Contact Person: Kenneth Schell. 11780 Wadsworth Boulevard. Broomfield. CO 80020 3 . Location of Mine: Weld County. T2N, R68W, NE 1/4, NE 1/4 of Sec. 17 (County, Township, Range, Section to nearest quarter quarter; Exhibit A-MLR appl. ) 4 . Nearest Town/General Location: Longmont, site is 6 miles Southeast of Longmont. North of W.C.R. 20-1/2 adjacent to Boulder Creek. 5 . Land Ownership (Circle) 1 02 .BLM 3 .USFS 4 .Other 6 . Present Land Use: Agricultural/Residential 7 . Proposed Final Land Use: Water Storage/Recreation/Residential 8. Type of Operation: 1.(curface ) 2 . Underground 9. Minerals being mined: Gravel Borrow 10. Number and Description of Surface Acres Disturbed by mining/not including roads (Exhibit D-MLR) : 28, 65 (approximately) 11 . Miles of roads to be constructed: None, use existing roads on-site 12 . Life of Mine (years ) : 5 years 13 . Description of Operation and Reclamation--Additional sheets may be attached (Exhibits B & E-MLR) : See attached Exhibits B. D. & E in the MLRD 112 application. 14. Please enclose Maps of Project Operation, Disturbance Areas and Reclamation (Exhibit C. ) This will expedite processing. Your cooperation is appreciated. 15. Prepared by: Date: 9/SA3 Pamela L. Hanson, P.E. c:\93170\wildlife.gst e,./CL . C3L/l /S, TS /3, C% D z E i F 910814 MINED WILDLIFE STATEMENT/EVALUATIC ±wised) for limited impact and select regular mine applications The following information pertaining to wildlife is provided for use by Mined Land Reclamation Board in their consideration of a mining permit for: Twin Peaks Schell Pit, Sand and Gravel - NE 1/2 NE 1/4, Sec 17, T2N, R68W, Weld County Name/Type and Location of Mine (Legal) Wildlife Species list: Deer, coyote, fox, skunk, rabbits, beaver, muskrat, pheasant, dove, raccoon, magpie, raptors (including both bald and golden eaglers) numerous small rodents and seasonal songbirds. Endangered/critical species/impacted: No known threatened or endangered species other than the fall/winter eagle population Critical habitats/vegetative communities impacted: NA Assessment of impact: The river crossing in the submitted plan may cause deterioration of water quality Mine Reclamation recommendations (include key species/habitats for which restoration is designed) . Concur with plans as indicated in exhibit "E", except the 3:1 finished slope, unless it is given protection from erosion caused by power boats. RECEIVEn .. SEP 2 81993 Prepared By: 4 / /,A Date: Submitted By: Date: This statement is void if not processed within 1 year. This analysis does not constitute approval of application. Page 2940S14 EXHIBIT I SOILS INFORMATION The Exhibit I Soil Map shows the site location on a base map prepared by the United States Department of Agriculture, Soil Conservation Service, Soil Survey of Weld County, Colorado, Southern Part, September 1980. The following soils appear at the site: 4 - Aquolls and Aquepts, flooded 10 - Bankard sandy loam, 0 to 3 percent slopes 75 - Vona sandy loam, 0 to 1 percent slopes 76 - Vona sandy loam, 1 to 3 percent slopes 77 - Vona sandy loam, 3 to 5 percent slopes These soils are described in detail in the key to the map. I-1 940814 EXHIBIT I 1. i . 65 1p/€»\ .y. ' 79 16. 41 GREAT WESTERN 4" '�• 'p 5 ♦ .. /.e. 10_ 6 iy y! II- 28 64 4 �.. .. 7 42 r„ 56 \\1 ga 42 27 kiii 59 4 • " 83 x \ 1/ 10 51 15 . - 15 42 3 ( 82 41 ® 15 17 t, / O j. 42 f 1D e,,.Rr.E . q 83 79 if 82 • // 8 "ll�� ##j. 82 83 - 83 ,I. .1.`` : 42 1 9,L1' .i."4-• 7 4 ,_ 13 f` �'' .. Si4 52 53 i j1 • 3 ... 2� 4 Y` 17 0i 13 ,3 Nyr .+• / ! 518 ,$ 3 ^�`lY 3 e s • it 3 3- Ed 47 _..,__.-./ 4 a a 76 76 S y.,.. ..75 46 sat 75 , C` t X34 Eby`. a a . la, `"'-r 4" •3 is � zS 10 ` \r J 76 JMeeln "_ '. s ( lo. • 18' 7 r 16 . s. K. '44P \ iWey� IO a �. a*. Mt 41 4 * 'i ",,,,'7' n" ., rc t .. � ^ s. 10 life, > u .r. 4r' ' 4 4 Rio)Of1 i DU ° TUTTLE APPLEGATE, INC. DATE: 8 3-170 SCALE: 1'1=2000' Consultants for Land and ResourceOW.1o4/9 2T.at JOB NO.: 93-170 11990 Groat Street,Suite 410 DRAWN BY: Denver,Colorado 80233 LLD SHEET: OF. (303)452-8611 HECKED BY: PLH 940814 4-Aquolls and Aquepts,flooded. This nearly level map Typically the surface layer of this Olney soils is unit is in depressions in smooth plains and along the grayish brown fine sandy loam about ten inches thick. The bottoms of natural drainage ways throughout the survey subsoil is yellowish brown and very pale brown sandy clay area. Aquolls, which have a dark colored surface layer, loam about 15 inches thick. The substratum to a depth of make up about 55 percent of the unit. Aquepts,which have 60 inches is very pale brown,calcareous fine sandy loam. a lighter colored surface layer,make up about 25 percent. Permeability and available water capacity are About 20 percent is soils that are well drained and soils that moderate. The effective rooting depth is 60 inches or more. have sandstone or shale within 48 inches of the surface. Surface runoff is slow,and the erosion hazard is low. These are deep, poorly drained soils that formed in recent This soil is used almost entirely for irrigated alluvium. No one pedon is typical. Commonly the soils crops.It is suited to all crops commonly grown in the area, have mottled,mildly to moderately alkaline loamy or clayey including corn, sugar beets, beans, alfalfa, small grain, surface layer and underlying material that extends to a potatoes,and onions. An example of a suitable cropping depth of 60 inches or more. In places they have a gleyed system is 3 to 4 years of alfalfa followed by corn,corn for layer in the underlying material. silage,sugar beets,small grain,or beans. Few conservation Most of the acreage is subject to excessive runoff. practices are needed to maintain top yields. The water table is at or near the surface in spring and All methods of irrigation are suitable,but furrow during the peak of the irrigation season. irrigation is the most common, barnyard manure and These soils are used for rangeland and wildlife commercial fertilizer are needed for top yields. habitat. Some small areas are irrigated pasture. Windbreaks and environmental plantings are The potential native vegetation is dominated by generally suited to this soil. Soil blowing, the principal switchgrass,prairie cordgrass,saltgrass,alkali sacation,big hazard in establishing trees and shrubs,can be controlled by bluestem, indiangrass, western wheatgrass, slender cultivating only in the tree row and by leaving a strip of wheatgrass, sedge, and rush. Cattails and bulrush grow in vegetation between the rows. Supplemental irrigation may the swampy spots associated with these range sites. be needed at the time of planting and during dry periods. Potential production ranges from 4,000 pounds per acre in Trees that are best suited and have good survival are Rocky favorable years to 3,000 pounds in unfavorable years. As Mountain juniper, eastern redcedar, ponderosa pine, range condition deteriorates, the tall and mid grasses Siberian elm, Russian-olive, and hackberry. The shrubs decrease, production drops, and saltgrass, sedge, and rush best suited are skunkbush sumac, lilac, and Siberian increase. The farming and irrigation in adjacent areas has peashrub. increased the amount of salts on much of the acreage. Wildlife is an important secondary use of this soil. Management of vegetation on this soil should be the cropland areas provide favorable habitat for ring-necked based on taking half and leaving half of the total annual pheasant and mourning dove. Many nongame species can production. Switchgrass,big bluestem,indiangrass,western be attracted by establishing areas for nesting and escape wheatgrass,pubescent wheatgrass,intermediate wheatgrass, cover. For pheasants,undisturbed nesting cover is essential tall wheatgrass, and tall fescue are suitable for seeding. and should be included in plans for habitat development, The plants selected should met the seasonal requirements of especially in areas of intensive agriculture. livestock. For successful seeding,a firm prepared seedbed Rapid expansion of Greeley and the surrounding is needed. A grass drill should be used. Seeding early in area has resulted in urbanization of much of this Olney soil. spring has proven most successful. Tillage is needed to This soil has good potential for urban and recreational eliminate the undesirable vegetation. development. The only limiting feature is the moderately Wetland wildlife,especially waterfowl,utilize this rapid permeability in the substratum,which causes a hazard unit. The wetland plants provide nesting and protective of ground water contamination from sewage lagoons. cover as well as some food. The nearby irrigated cropland, lawns, shrubs, and trees grow well. Capability class I where wildlife obtain much of their food, and fmd irrigated. protective cover, makes this unit valuable to both wetland and openland wildlife. Openland wildlife, especially pheasant, use this 76 - Vona sandy loam, 1 to 3 percent slopes. This is a unit for cover and nesting. Deer find excellent cover in deep, well drained soil on plains and high terraces at some areas. These valuable wildlife areas should be elevations of 4,600 to 5,200 feet. It formed in eolian and protected from fire and fenced to prevent encroachment and alluvial deposits. Included in mapping are some leveled overuse by livestock. They should not be drained. areas. Also included are some small areas of soils that Capability subclass VIw; Aquolls in Salt Meadow range have a loamy substratum and areas of soils that are site, Aquepts in Wet Meadow range site. noncalcareous to a depth of 60 inches. Typically the surface layer of this Vona soil is grayish brown sandy loam about ten inches thick. The 46.Olney fine sandy loam,0 to 1 percent slope. This is subsoil is brown fine sandy loam about 18 inches thick. a deep,well drained soil on smooth plains at elevations of The substratum to a depth of 60 inches is sandy loam. 4,600 to 5,200 feet. It formed in mixed outwash deposits. Permeability is moderately rapid. Available water Included in mapping are small areas of soils that have a capacity is moderate. The effective rooting depth is 60 dark surface layer and some small leveled areas. inches or more. Surface runoff is slow, and the erosion hazard is low. 940814 In irrigated areas this soil is suited to all crops Windbreaks and environmental plantings are commonly grown in the area, including corn, sugar beets, generally suited to this soil. Soil blowing, the principal beans, alfalfa, small grain, and onions. An example of a hazard in establishing trees and shrubs,can be controlled by suitable cropping system is 3 to 4 years of alfalfa followed cultivating only in the tree row and by leaving a strip of by corn,corn for silage,sugar beets,small grain,or beans. vegetation between the rows. Supplemental irrigation may Land leveling,ditch lining,and installing pipelines are be necessary at the time of planting and during the dry needed for proper water applications. periods. Trees that are best suited and have good survival All methods of irrigation are suitable,but furrow are Rocky Mountain juniper, eastern redcedar, ponderosa irrigation is the most common. Barnyard manure and pine, Siberian elm, Russian-olive, and hackberry. The commercial fertilizer are needed for top yields. shrubs best suited are skunkbush sumac,lilac,and Siberian Windbreaks and environmental plantings are peashrub. generally suited to this soil. Soil blowing, the principal Wildlife is an important secondary use of this soil. hazard in establishing trees and shrubs,can be controlled by Ring-necked pheasant,mourning dove,and many non-game cultivating only in the tree row and by leaving a strip of species can be attracted by establishing areas for nesting vegetation between the rows. Supplemental irrigation may and escape cover. For pheasants,undisturbed nesting cover be necessary at the time of planting and during dry periods. is essential and should be included in plans for habitat Trees that are best suited and have good survival are Rocky development, especially in areas of intensive agriculture. Mountain juniper, eastern redcedar, ponderosa pine, This soil has good potential for urban and Siberian elm, Russian-olive, and hackberry. The shrubs recreational development. Lawns, shrubs, and trees grow best suited are skunkbush sumac, lilac, and Siberian well. The only limiting feature is the rapid permeability in peashrub. the substratum, which causes a hazard of groundwater Wildlife is an important secondary use of this soil. contamination from sewage lagoons. Capability subclass Its The cropland areas provide favorable habitat for irrigated. ring-necked pheasant and mourning dove. Many nongame species can be attracted by establishing areas for nesting and escape cover. For pheasants,undisturbed nesting cover 77 • Vona sandy loam, 3 to 5 percent slopes. This is a is essential and should be included in plans for habitat deep, well drained soil on plains at elevations of 4,600 to development, especially in areas of intensive agriculture. 5,200 feet. It formed in eolian deposits. Included in Rangeland wildlife, for example, the pronghorn antelope, mapping are small areas of soils that have a loamy can be attracted by developing livestock watering facilities, substratum and areas of soils that are noncalcareous to a managing livestock grazing, and reseeding where needed. depth of 60 inches. This soil has good potential for urban and Typically the surface layer of this Vona soil is recreational development. lawns, shrubs, and trees grow grayish brown sandy loam about 8 inches thick. The well. The only limiting feature is the rapid permeability in subsoil is brown fine sandy loam about 15 inches thick. the substratum, which causes a hazard of ground water The substratum to a depth of 60 inches is sandy loam. contamination from sewage lagoons. Capability subclass Permeability is moderately rapid. Available water Ile irrigated; IVe nonirrigated; Sandy Plains range site. capacity is moderate. The effective rooting depth is 60 inches or more. Surface runoff is medium,and the erosion hazard is low. 75 • Vona sandy loam, 0 to 1 percent slopes. This is a In irrigated areas this soil is suited to the crops deep, well drained soil on high terraces at elevations of commonly grown in the area. Perennial grasses and alfalfa 4,650 to 4,950 feet. It formed in alluvial deposits. or close grown crops should be grown at least 50 percent of Included in mapping are some leveled areas and small areas the time. Contour ditches and corrugations can be used in of soils that have a loamy substratum. irrigated close grown crops and pasture. Furrows,contour Typically the surface layer of this Vona soil is furrows,and cross slope furrows are suitable for row crops. grayish brown sandy loam about 10 inches thick. The Sprinkler irrigation is also desirable. Keeping tillage to a subsoil is brown fine sandy loam about 20 inches thick. minimum and utilizing crop residue help to control erosion. The substratum to a depth of 60 inches is sandy loam. Maintaining fertility is important. Crops respond to Permeability is moderately rapid. Available water applications of phosphorus and nitrogen. capacity is moderate. The effective rooting depth is 60 In nonirrigated areas this soil is suited to winter inches or more. Surface runoff is slow, and the erosion wheat,barley,and sorghum. Most of the acreage is planted hazard is low. winter wheat. The predicted average yield is 28 bushels per This soil is used almost entirely for irrigated acre. The soil is summer fallowed in alternate years to crops. It is suited to all crops commonly grown in the area, allow moisture accumulation. Generally precipitation is too including corn, sugar beets, beans, alfalfa, small grain, low to make beneficial use of fertilizer. potatoes, and onions. An example of a suitable cropping Mulch farming, striperopping, and minimum system is 3 to 4 years of alfalfa followed by corn,corn for tillage are needed to control soil blowing and water erosion. silage, sugar beets, small grain, or beans. The rapidly Terracing also may be needed to control water erosion. permeable substratum slightly restricts some crops. All methods of irrigation are suitable,but furrow irrigation is the most common. Proper irrigation management is essential. Barnyard manure and commercial fertilizer are needed for top yields. 940814 The potential native vegetation on this range site Permeability is moderately rapid. Available water is dominated by sand bluestem, sand reedgrass, and blue capacity is low. The effective rooting depth is 60 inches or grama. Needleandthread,switchgrass,sideoats grama,and more. Surface runoff is slow, and the erosion hazard is western wheatgrass are also prominent. Potential low. production ranges from 2,200 pounds per acre in favorable This soil is suited to limited cropping. It is sandy years to 1,800 pounds in unfavorable years. As range and subject to flooding. Pasture is the best use. Tall condition deteriorates, the sand bluestem, sand reedgrass, wheatgrass,tall fescue,and annual sweetclover are some of and switchgrass decreases and blue grama,sand dropseed, the most suitable crops. Light, frequent irrigation by and sand sage increase. Annual weeds and grasses invade furrows and flooding is best. Commercial fertilizer the site as range condition becomes poorer. improves the amount and value of forage produced. Management of vegetation on this soil should be The potential native vegetation is dominated by based on taking half and leaving half of the total annual switchgrass, indiangrass, sand bluestem, sand reedgrass, production. Seeding is desirable if range is in poor sideoats grama,needleandthread,and blue grama. Much of condition. Sand bluestem, sand reedgrass, switchgrass, this range site includes other soils and vegetation in such a sideoats grama, blue grama, pubescent wheatgrass, and complex pattern that it is difficult to map them separately. crested wheatgrass are suitable for seeding. The grass Potential production ranges from 2,500 pounds per acre in selected should meet the seasonal requirements of livestock. favorable years to 1,500 pounds in unfavorable years. As It can be seeded into a clean, firm sorghum stubble, or it range condition deteriorates, the tall and mid grasses can be drilled into a firm prepared seedbed. Seeding early decrease; blue grama, sand dropseed, and forbs increase; in spring has proven most successful. and forage production drops. Undesirable weeds and Windbreaks and environmental plantings generally annuals invade the site as range condition becomes poorer. are suited to this soil. Soil blowing,the principal hazard in Management of vegetation should be based on establishing trees and shrubs, can be controlled by taking half and leaving half of the total annual production. cultivating only in the tree row and by leaving a strip of Seeding is desirable only in areas large enough to interseed vegetation between the rows. Supplemental irrigation may or to prepare a seedbed. Switchgrass,sand bluestem,sand be needed at the time of planting and during dry periods. reedgrass, sideoats grama, little bluestem, blue grama, Trees that are best suited and have good survival are Rocky pubescent wheatgrass, and intermediate wheatgrass are Mountain juniper, eastern redcedar, ponderosa pine, suitable for seeding. This soil can be seeded by using an Siberian elm, Russian-olive, and hackberry. The shrubs interseeder or a firm,clean sorghum stubble. A grass drill best suited are skunkbush sumac, lilac and Siberian is required. Seeding early in spring has proven most peashrub. successful. Wildlife is an important secondary use of this soil. This soil is generally not suited to the The cropland areas provide favorable habitat for ring- establishment and growth of trees and shrubs. On-site necked pheasant and mourning dove. Many nongame investigation is needed to determine feasibility and possible species can be attracted by establishing areas for nesting tree and shrub species. and escape cover. For pheasants,undisturbed nesting cover Wildlife is an important secondary use of this soil is essential and should included in plans for habitat The cropland areas provide favorable habitat for ring- development, especially in areas of intensive agriculture. necked pheasant and mourning dove. Many nongame Rangeland wildlife, for example, the pronghorn antelope, species can be attracted by establishing areas for nesting can be attracted by developing livestock watering facilities, and escape cover. For pheasants,undisturbed nesting cover managing livestock grazing, and reseeding where needed. is essential and should be included in plans for habitat This soil has good potential for urban and development, especially in areas of intensive agriculture. recreational development. Lawns, shrubs, and trees grow Rangeland wildlife,for example,deer and antelope,can be well. The only limiting feature is the rapid permeability in attracted by managing livestock grazing and reseeding the substratum, which causes a hazard of ground water where needed. contamination from sewage lagoons. Capability subclass This soil is not suited to urban or recreational lie irrigated, VIe nonirrigated; Sand Plains range site. development because of the flood hazard. Capability subclass IVw irrigated,VIw nonirrigated;Sand Bottom land range site. 10-Bankard sandy loam,0 to 3 percent slopes. This is a deep, somewhat excessively drained soil on flood plains at elevations of 4,450 to 5,000 feet. It formed in stratified recent alluvium along streams and rivers. Included in mapping are numerous sand and gravel bars and small areas of noncalcareous soils. Typically the surface layer of this Bankard soil is brown sandy loam about 4 inches thick. The underlying material to a depth of 60 inches is pale brown calcareous sand stratified with thin lenses of sandy loam, loam, and fine gravel. 940814 EXHIBIT J EXISTING VEGETATION The property is currently used as a home site with irrigated pasture land. Topsoil was removed from the pasture by the previous owner, which lowered the ground surface with respect to the shallow water table and created a wet meadow in the south portion of the property. The pasture was plowed and drill seeded in 1992 and was mowed in 1993. Therefore, the vegetation in the pasture has been altered from its natural condition. Three types of wetlands were identified at the site. The riparian corridor is a ribbon of newly formed sandbar, 50 to 75 feet wide, located between Boulder Creek and the existing berm/dike on the east side of the pasture. Predominant species included: Phalaris Arundinacea Scirpus Americanus Polygonum Amphibium Trifolium Spp. Hordeum Jubatum Verbena Hasta Solidago Canadensis Salix Exigua and Spp. Wetland species in the FAC through OBL categories comprised approximately eighty percent of the total vegetation. Mature Cottonwoods and Russian Olive trees were growing on the berm. The marsh areas were small areas with open water, including the existing channel outfall from the pond adjacent to the south property line. The predominant species were: Phalaris Arundinacea Typha Latifolia Polygonum Amphibium Scirpus Validus Polypogonum Monospliensis The predominant species in the wet meadow were hay grasses plus the following: Spartina Pectinata Scirpus Americanus Hordeum Jubatum Scouring Rush A few clumps of mature Cottonwoods and Russian Olives are scattered in clumps in the pasture. Three islands were created in the mining/reclamation plan to preserve some of the largest specimens. The upland areas contained a mixture of common weedy growth, including: Bindweed, Rumex, Ragweed, Curly Dock, Thistle, and Gumweed. Few trees or shrubs were located in these areas. J-1 94CS14 EXHIBIT K CLIMATE The temperate climate of the site is typical of the Great Plains physiographic province in northeastern Colorado. The average temperature is 29°F in winter and 70°F in summer. The average annual precipitation is 12.27 inches, with seventy-five percent occurring as rain during the warm, growing season from April through September. Table 1.- - Temperature and Precipitation Data shows the climatological data throughout the year. NOTE: The average precipitation data from a thirty year record referenced in Exhibit G was calculated to be 13.00 inches. We recognize these differences and feel that the data from each source is reasonably accurate. Calculations were based on the information from the thirty year record. K-1 94US14 • ;, , '• t• ,Cr • .. • • �:'-f� • O h • • 1 I. a •* • • • • •• •' , '' • s . • ., • • • > • • z 40 •a �• c 5 ire „ U 5 c t' ' s. o 0 so r 3 Y •j a i d �• `s` u a !� ,. W , * o ? 1 . .4 IF L• S :• •• • - 7 • • s C , 1 • o• 49 < y 1 * It': . . . — .... i', re .e.4 91 0 -'jam •4. ,•. X •, ;A _;$ m •i••. .t$f ... y .•t . — ' Z ti L Cl) _`'es • Ott , W C ' __-_--tx-- ... il' 1' 1 •1 - ,. • O i• • .•Z —mil g i O 8 O m cp a N N I 0 I— (•d) ain3asad[uay 9408141 lill . X o .�xrfmr. ow"t ��x��Mw Y4 . w > Y.pp.pp J.Np^^ Mp.Mp�Mp.Mp�Mp./p� Y�Mp M.Mp Np N Y 4.-P P P P P Y P P P P P P 0-0”-00 P iC aRO yy�IO�w•O YPPPPPP •^N^^NA E 333[N N !Agri.;�}p i.; if NANOtill? J Jo^cNNNO N +NN p Y ≤� M CMNIMPIJN2 ^��•IN�NGO rill? M 00++..^ is U L r17°:":5' «ry Nry O�}}M wO {«0 0 0 0 0 yy gpp pp_ po p pp • C 0 J N•M O'O O P p • Y N • P J P M M N P N+^ N P M.-N d.-N t JJ pp p O O 0...“... INN O...... 0000.-.-.- 1 J �AAMP� OP�POMn1 =^^000 �MIMA^O P PPryJOA p N^NJP p,O^^'^ I .0 i N rope N i M N N.O Ci Y p O p p M N^ N^ S N N N O N J L uO p.p y� yy�I O NNN ONNNNJJ OPOO^^^ O. Y 814,4.'4'4 YyyOOMOION :Mir." JNP^OVyyNN�JpNiONMJO�N^ NwM Opp♦MdO O P p ^A Y1^ N M A N^ N^^ N ^NpO^MMOpNNPdp N.p dw0 ' N NYB NeJJNJY^MJwJN JJ»N' JO^ O O NNNJJJSOPOOO^^L P J Op 0�JOdN OOO^N' (yOd^ ae pd ryIyOryp pP+MMN pMN^NM^J J A^Nw dJ O N wN Od NJwP^M ySN^ N^ YdN N<•ONMN CVJM^ Y<PAdJM N O • mONNNJJJL 002000^.'•O > • _ s N N A O P 0^0 0^N A p r o d N N O^Q NQ A.f 2X15 gyp/ ry - 2 d N O N N^M Y i Y i MN JAN.- L,O O d YI MI '� Y O N J O O N l O P P A A A^ O^O^N^+ ^ P OO Yp Ye Ye •N N JJ . 1I VV N N^ M Y N N M N M • J O.•dNP Y NP'N..// YC Np N^gy�pp 4 wwp NN .y/ �'O^ NN OO NNJJJ 100000000,- m C 5 M 05 N'O 0 NON^Y1 05p. PNN 3 sB O -.NVNN e- �-DMMN^ q,I�4JMN •1 G O C C +O^O N M P O O N N M N^N Y r J,.7 0^ J^ N^ N J^N N >M d N P P + t^N w N d %N gq M P w J N+ N N+ • • M • Y M A O J N O Y M 8;._O N.- 0 •M 0 N M N 101 1 O tO N • • N J J J M J O P P 0 0 0^ > i^M N^ Y Z N i^- - as L S N YYY11I N^ M O • A J Z U O W C L t)d N A O L N N M1y A L L N A e O d N B [p O w N A e J N C O^O O w w p L O d N J'M d O. .M aNNOON MN.,, O.cn,N 0 L YM^MNAP^ •M^M^ N^•-M^N N • C a J N N <^N M M N < 4N.- N 0^ • TO T ONJJJMM TOP0000^ W O L O^N M P L N op pp .�Op L N^0 0 0 LyI P^N O N • ^ ill N • M aPM1PPJ • •PM^ W i^N M M rm...OOO i S O N O^�Iyy..pp O A N M N O N+O M^^^O N N N N^M N w O g d N N^ N^ O N^N ^ pY a • J .5.4.c!^N n yyYy 883.p}Qp O O O O O p.p N O O N co 1�O N.....L O P P O O O^ •� w•UNAJ �r N•O O - YMI^ N O. C 0. J yy1 C e O N J d A P 0-4.-.4--^ -P t N d-N • J •J N A d^ -.A O P 0.- 200000 S O J 0 0 0 0 O...... O0.00.000 FO J ^ ^w. • OONAOM YNAONO •ONONO 4 •A•Od O.O.O YAOAdOe YNdAAAd 0 • Y L =N N N d C N N d A =:vans N M a Y P P PP OO?PP .0....... Y P P P P P P C C O M N N N N^ L N O J A N N l N O P P P M 1 yy SV •O NPO^ ^M •N^ N • N J Y Y Y . .• Y J J J M M M P P P P P 0 Last.: .•IS ..pp .p �pp L V �YIINIINNN4" .; MNNN' 9YIMNNNq" • J • O O O L • • t. t it. • H 0 a I is ill 940m4 92 SOIL SURVEY TABLE 1.--TEMPERATURE AND PRECIPITATION DATA I Temperature) 1 Preclpitation1 1 2 years in I 12 years in 101 I 1 10 will have-- Average I 1 will have-- i Average 1 Month Average AveragelAverage ; number of;Averagel l number oflAverage daily daily i daily Maximum Minimum growing ' 1 Less More days with snowfall maximum minimum) temperature:temperature degree I (than-- than-- 0.10 inch higher 1 lower days2 .I or more than-- 1 than-- of cF eF of i OF i In In In In January---- 39.9 10.5 25.3 65 -19 37 .35 .08 .55 1 5.3 February--- 45.3 16.4 30.9 71 -11 57 i .29 .15 .41 1 4.6 March 51.2 22.5 - 36.8 78 -4 100 .76 .30 1.12 3 8.1 April 61.8 32.7 47.3 84 12 1 ' 248 1.36 ' .46 2.07 3 4.3 May 72.6 43.3 58.0 92 27 I 558 2.16 .87 3.20 5 i .3 June 82.8 52.0 67.4 100 39 822 1.81 , .74 2.67 4 i .0 July 89.3 57.3 73.4 100 47 1 1,035 1.24 .47 1.85 1 3 .0 August 86.9 54.9 70.9 99 43 958 1.22 1 .42 1 .85 1 3 I .0 1 1 I September 77.8 44.6 61.3 94 29 639 1.33 I .36 2.10 1 3 1 .6 October 66.8 33.8 50.3 85 16 333 .91 .22 1.46 i 2 i 3.0 1 I November 50.8 21.7 36.3 74 -1 65 .53 1 .14 .84 1 2 5.4 1 1 December 42.0 13.9 28.0 67 -13 8 i .31 .04 .52 i 1 i 4.1 i i Year 63.9 33.6 48.8 101 -21 4,860 1 12.27 1 9.55 14.84 1 31 1 35.7 I I I 1 1Recorded in the period 1951-74 at Greeley, CO. 2A growing degree day is an index of the amount of heat available for plant growth. It can be calculated by adding the maximum and minimum daily temperatures, dividing the sum by 2, and subtracting the temperature below which growth is minimal for the principal crops in the area (400 F). 910114 EXHIBIT L • RECLAMATION COSTS The timetable in Exhibit D shows the maximum disturbed area at any one time on the site is approximately 12.5 acres. The property owner is very interested in reclaiming the site quickly after the mining phase has progressed far enough to allow room to work. The owner and operator hope that the project can be completed in substantially less than the requested permit duration of five years, but that will depend on market conditions. The following costs were estimated to represent reasonable reclamation costs that would be incurred if unforeseen circumstances caused the operator to abandon the project after the entire area had been opened up for mining. Total costs were rounded to the nearest whole dollar amount. The accuracy of the estimates is expected to be to the nearest hundred dollars; the single dollar amounts are shown to facilitate checking mathematical operations only. All items include installation and material costs. Trees and shrubs will be planted only near the north boundary at the beginning of the project, before a major portion of the land is disturbed. These costs were not shown since they were considered completed and established by the time the whole area was disturbed. The costs are offset by the estimated costs for reclaiming large land areas. Topsoil was considered to be installed over the disturbed area elevated above the water table or operating level. Summary of Reclamation Costs Major Disturbance $10,109 Moderate Disturbance $ 6,454 Minor Disturbance $ 1.250 TOTAL RECLAMATION COSTS $17,813 Administrative Fee (21.6%) $ 3,848 Proposed Reclamation Bond $21,700 Bonded Cost per Acre $ 1,736 (for 12.5 acres) Li 940814 Major Disturbance Unit Total item Quantity Unit Price Cost Grade/Scarify 7.0 Acres $725.00 $ 5,075 Topsoil @12" 3,227 CY $ 1.25 $ 4,034 Seeding, Fertilizing & Mulching 2.0 Acres $500.00 $ 1.000 TOTAL $10,109 Notes/Description Grade or scarify Major Disturbance areas of 7.0 acres. Spread 6 to 12 inches of topsoil over the major disturbance area above the water table or operating level of approximately 2 acres. Fertilize, seed and mulch the exposed area. If the pit were lined it would be worth more for water storage, and if the lining were unfinished the groundwater would fill the excavation. Either way, water is expected to be in the pond area and vegetation will only be installed above the water level. The cost of removing raw material stockpiles could be offset by selling the material. The stockpiled topsoil/overburden should be used at the site for reclamation. The land occupied by the stockpiles would be reclaimed in a similar manner to the mining area and were included in the previous calculations. Moderate Disturbance Unit Total Item Quantity UAL Price Cost Grade/Scarify 3.0 Acres $725.00 $ 2,175 Topsoil @12" 2,743 CY $ 1.25 $ 3,429 Seeding, Fertilizing & Mulching 1.7 Acres $500.00 $ 850 TOTAL $ 6,454 Notes/Description Grade or scarify Moderate Disturbance areas of 3.0 acres. Spread 6 to 12 inches of topsoil over the disturbed area above the operating water level. Fertilize, seed and mulch the exposed disturbed area. L-2 940814 Minor Disturbance Unit Total Item Quantity Unit_ Price Cost Seeding, Fertilizing & Mulching 2.5 Acres $500.00 _ $ 1,250 TOTAL $ 1,250 Notes/Description Redrill seeding directly over unacceptable vegetation, fertilize and mulch over maximum acreage of 2.5 acres. L-3 940814 EXHIBIT N OTHER PERMITS AND LICENSES The following permits will be required for the proposed operation: Air Pollution Emission Notice National Pollutant Discharge Elimination System Weld County Use by Special Review Permit Temporary Substitute Water Supply Plan Change the Water Right in Water Court Corps of Engineers Individual 404 Permit The applicant is currently in the process of applying for these permits and have completed a delineation of the wetlands disturbed by the mining. The Wetlands Delineation report has been submitted and accepted by the Corps of Engineers. No aboveground structures will be located within the 100 year floodplain, nor will any stockpiles be located above the existing ground level within the floodplain. Temporary small stockpiles of overburden might be placed in the excavation during the reclamation of the sideslopes; however, the piles would be limited in height to stay below the historical ground surface elevation. The cutoff wall at the north discharge point will be located within the floodplain, but will be well below the historical ground surface level. Because of these reasons, no floodplain permit application will be submitted to Weld County. N-1 940814 EXHIBIT 0 SOURCE OF LEGAL RIGHT TO ENTER The following copy of the Deed of Trust and written letter from the Owner granting permission to Twin Peaks Excavating, Inc. to enter the property are submitted as proof of legal right to enter the property. Legal Right to Enter I, Judith Ann Schell, whose address is 11820 Niwot Road, Longmont, Colorado 80501, am the Owner of the property described as Lot B, primarily located in part of the NE 1/4 of Sec. 17, T2N, R68W of the 6th P.M. in Weld County. As the Owner of this property, I grant permission to Twin Peaks Excavating, Inc. to enter this property and to remove sand and gravel from the property. The right to enter shall also be conveyed to other contractors, and their personnel, who have a contract with Twin Peaks Excavating, Inc. to excavate and remove sand and gravel from this property. The right to enter this property to do reclamation work as required by this permit shall be extended to any party that has legal grounds for performing reclamation activities. A2 14 ignature, Judith Ann Schell Date Notarized by: Date My commission expires on 3-)_-A-q`1 O-1 %MR1i _ B 1398 REC 02347184 06 .193 13:19 ;5.00 1/001 AResg7184_ F 1203 MARY ANN FEUERSTESN CLERK & RECORDER WELD CO, CO REQUEST FOR RELEASE OF DEED OF TRUST AND RELEASE July 27. 1993 Date Judith Ann Schell Grantor(Borrower) Cottonwood Land and Farms. Ltd. Original Beneficiary (Lender) October 21. 1991 Date of Deed of Trust October 25. 1991 Recording Date of Deed of Trust We Id County of Recording __. 07767127 0127 Reception and/or Film Nos.of Recorded Deed of Trust Rmp,in Na Film Na /3/f Book and Page of Deed of Trust naps Pla Page Na TO THE PUBLIC TRUSTEE OF ' We)d County(The Public Trustee to which the above Deed of Trust conveys the said property.) Please execute this release,as the indebtedness has been fully paid and/or the terms and conditions of the trust have been fully satisfied. Cottonwood Land and Farms, Ltd. Cunard Owner as Holder gas E,ideseof Der Stews by Dad a(Ova'WNW Scott A. Pattert. Manalklg Partner ,. Nim lad nut a(Ap.taOmterdcuinai O.. tad Nut*t sinaan Osmium fCaleaula„county of .s 0lideFOt.t going r1pd4ga for release was acknowledged before Inc on ,4".10 1.14211;' A •1.142f/❑�Y 1 -93 (date)by' i - 15r 'Patlan. Managing Witness My Hand and Seal avitirtner tic r'•nttnnwnnd Land • ,N••y pnl .OiLry-n t Xl.". -1-4-4-. Noun Pablo 1997 Date Commission Expires 4770 Baseline Rd, Ste 300 Boulder CO 80303 RELEASE OF DEED OF TRUST KNOW ALL MEN,that the above referenced Grantor(s),by Deed of Trust.conveyed certain real property described . in said Deed of Trust,to the Public Trustee of the County referenced above,in the State of Colorado to be held in trust to secure the payment of the indebtedness referred to therein. NOW THEREFORE,at the written request of the legal holder of the said indebtedness,and in consideration of the premises and the payment of the statutory sum,receipt of which is hereby acknowledged,I,as the Public Trustee in the County first referenced above,do hereby remise,release and quitclaim unto the present owner or owners of said real property,and unto the heirs,successors and assigns of such owner or owners forever,all the right,title and interest which I have under and by virtue of the aforesaid Deed of Trust in the real estate described therein,to have and to hold the same,with all the privileges and appurtenances thereunto belpngylgoo�{l�j and further I do hereby fully and absolutely release,cancel and forever discharge said Deed of Trust.Auu L u Ha+.. KEVIN J. STARKS Public Trustee e State of Colorado.County off" wan D Deputy Public Trustee[ '�vmeem m was acknowledged before me on y T' a f� (date)by Witness My Hand and Seal.,... DONNA L. SCHMIDT as the ',..:103...0`'y Deputy Public Trustee of ��/J�[)� • ii v\ 111; County,County,Colorado. t CCG,_ \ . _//!/'J''•t•• •�••••, .t . . APRIL 4, 1995 Date Commission Expires 7 LTbat a' •naalhable.insert Ole dewnaaata and aurasdram.woe and holder. 1020 9th Stmt, Greeley', gQ''" , Original Note and Deed of Trust Returned to: Received by • No.904.Rea 8.90. (REQUEST MID(8ELEASE)OF DEED OF TRUST 0 Bradford Publishing.043 weal S.Dean.CO 90102—O03)292.21m-490 WHEN RECORDED RETURN TO: 940814 ' r `s he 1 at o'clock-NI.. He. an No. Recorder DEED OF TRUST sr THIS INDENTURE Made this Zl" day of October .N 91 .between Judith Ann Schell I whose address is 11820 Niwot Road Longmont CO 80501 hemmaf¢r referred to as grantor.and the Public Trustee of the Weld 'County of State of Colorado,hereinaher Teterred m as Public Trustee, WITNESSETH.THAT,WHEREAS, Grantor has executed a promissory note or notes,hereinafter referred to in the singular.dated October 15, 1991 ,for the prfnospalsumof Sixty-two thousand and no/100 ($62,000.00)--Dollars.payablemthemderof Cottonwood Land and Farms, Ltd. , a Colorado Limited Partnership, whoseaddressh 4770 Baseline Rd. , Ste. 300, Boulder CO 80303 sin nry, Nei Inc date hereof.with interest thereon nom the date thereof 4epwill C.tAjl 410) percent per annum,payable in equal semi-annual payments of p j.ricipa3.,g0d interest of $8,029.28 each, beginning April 15, 1992, L r`,Ina tyudlin gin October 15, 1996. -, ��'• I, NDWktE¢'G$.The grantor is desirous of securing payment of the principalanJ=rercWot said promissory note=whose handssoeverthe said note or any of them May be. NOW.THEREFORE.The grantor.in consideration of the premises and for the purpose m0rcsuid.does hereby grant.bargain.sell and convey unto the said Public Tmsiee in trust Comer,the following described pniperls.situate in the County of wi Y.+ Weld .State of Colorado,to wit: 5, 9t5 Lot B, Corrected Recorded Exemption No. 1313-17-1-RE39b; being a part of the NE1/4 of Sec 17, T2N, R68W of the 6th P.M. , Weld County, l D Colorado. As per map recorded July 20,, 19 90 in Book as D Reception No. 2220722. (` Together with a non-exclusive easement shown on the attached Exhibit A. t Also together with two (2) shares of the Godding, Plumb, and I i Dailey Ditch. Q (Grantor is allowed to remove sand and gravel from the property 1 under the terms of this Deed of Trust.) 1G� also known by street and number as TO HAVE AND TO HOLD the same.together with all and singular the privileges and appurtenances thereunto belonging:In Trust nevertheless,that incase of default in the payment of said note or any ofthem.or any part thereof.or in the payment of the interest thereon.according to the tenorand effect of said note or any of them,or in the payment of any prior encumbrances,principal or interest,if any,or incase default shall be made mor in case of violation or breach of any of the terms.conditions.convenants or agreements herein contained.the beneficiary hereunder or the legal holder of the indebtedness secured hereby may declare a violation of any of covenants here=contained and elect to advertise said property for sale and demand such sale.then. upon filing noticeof such election and demand for sale with the Public Trustee.who shall upon receipt of such notice of election and demand for sale cause t•o sell and dispose of the ta of the same to be ns tended mthane rparaeceW�els hecounty the said Public Trustee may think beau d.it all the nghi.�le and interest of lawful tor the Public he grantor. his hers or assigns therein,at public auction at the front dour of the Court House.in the County of Weld ,State of Colorado.oron said premises.or any part thereof as may be specihed in the notice of said sale.for the highest and best once the same will bring in cash,four weeks public notice having been previously given sit the time and place at such sale,by advertisement,weekly,in tome newspaper of general circulation at time published in said County of Weld .a copy of which notice shall be mailed within ten days from the date of the horn publication thereat to the gran at the address herein given and to such person or persons appeanng to have I acquired a subsequent record interest in said real estate at the address given in the recorded instrument:wane only the county and state is given as the address then such notice shall be mailed to the county seat.and to make and give to the purchaser or purchasers of such property at such sale.acertificate or certificates in writing describing such progeny purchased.and tie sum or sums paid Mercier.and the time when the purchaser or purchasers for other person entitled theretot shall be entitled to a deed or deeds therefor.unless the some shall be redeemed as is provided by law:and said Public Trustee shall. upon demand by the person or persons holding the said cenincate or cenihcates 01 purchase.when said demand is made,or upon demand by the person entitled to a deed to and for the property purchased,at time such demand is made,the time for redemption having expired.make and execute to such person or persons a deed or deeds to the said property purchased.which said deed or deeds shall be in the ordinary form of a conveyance.and shall be signed,acknowledged and delivered by the said Public Trustee and shall coma and quitclaim to such person or persons entitled to such deed,the said I. property purchased as aforesaid and all the right.title.unties'.benefit and twiny of redemption of the grantor.his heirs and assigns therein.and shall recite the sum or sums for which the said property was sold and shall refer to me pater 01 sale therein contained.and to the sale or sales made by virtue thereof;and in case of an assignment of such cenincate or ceniheates of purchase.or in case of the redemption of such property.by a subsequent encumbrancer,such assignment or redemption snail also be referred to In such deed or deeds:but the notice of sale need not be set out such deed or deeds and the Public Trustee shall.out of the proceeds or avails of such sale,atter tint paying and retaining all fees.charges and costs of making said sale. I pay to the benenciary hereunder or the legal holder of stud note the pnncipd and interest due on said note according to the tenor and effect thereof,and all moneys advanced by such beneficiary or legal holder of said note for insurance,taxes and assessments.with interest thereon at per cent per annum.Tendering the overples,if any.unto the grantor,his legal representatives or assigns:which sale or sales and said deed or deeds so made mall be a perpetual bar.both in law and equity,against the grantor.hit heirs and assigns.and all other persons claiming the said property,or any part thereof.by. from.through or under the grantor.or any of them.The holder or holders of said now or notes may purchase said property or any part thereof:and it shall not be obligatory upon the purchaser or purchasers at any such sale to see to the application of the purchase money.If a release deco be required,it is agreed that the grantor.his heirs or assigns,will pay the expense thereof: 11 in Denver,insert"City and." II ' Nu.34IA.Rev.244. DEED or TRUST trunk lradnl With Ilse on Sale Clasps wit brattiest PoElmma.s8_5 W.dot ewu Ave..la5a, .CO 50214—0031233.6900When recorded relent 940E t 4 And the grantor.for himself and his heirs.personal tepresentatives or assigns covenants and agrees to and with the Public Trustee.that at the time of the enseahng of and delivery of these presents tie is well seized of the said land and tenements in tee simple.and has good right.lull mower and lw.gful authonty to grant.bargain.sell and convey the same in the manner and firm as aforesaid:hereby luny and absolutely waiving and releasing all rights and claims he may have in or to said lands.tenements.and property as a Homestead Exemption.or,.rher exemption.under and by virtue of any act of the hGeneral ereafter be pasts n the hereto and that th State of Colorado.or as e say me are nee andion r and elearby of all liens add encumbrances whatevertue of any act of the United States r,except now costing or which may • None • and the above bargained property in the quiet and peaceable possession of the Public Trustee.his successors and assigns.against all and every person or pencils lawfully claiming or to claim the whole or any part thereof.the grantor shall and will Warrant and Forgoer Defend. Until payment in full of the indebtedness.the grantor shall timely pay all taxes and assessments levied on the property:any and all amounts due on account ot pnneipal and interest or other sums on any senior encumbrances.If any:and will keep all improvements that may be on said lands insured against any casualty loss.including extended coverage.In a company or companies meeting the net worth requirements of the beneficiary hereof in an amount not less than the then total indebtedness.Each policy shall contain a loss payable clause naming the beneficiary as mortgagee and shall further provide that the insurance may not be canceled upon less than ten days written notice to the beneficiary.At theoptionof the beneficiary.theonainal policy or policies of insurance shall be delivered to the beneficiary as further security for the indebtedness.Should the grantor fail to insure and deliver the policies or to pay taxes or assessments as the same fall due,or pay any amounts payable upon senior encumbrances.if any.the beneficiary may make any ' such payments or procure any such insurance.and all monies so paid with interest thereon at the rate of 13 *per annum shall be added to and become a pan of the indebtedness secured by this Deed of Trust and may be paid out of the proceed of the sale of the property if not paid by the grantor.In addition.and at its option.the beneficiary may declare the indebtedness secured hereby and this feed of Trust to be in default for failure to procure insurance or make any of the payments required by this paragraph. If all or any pan of the property or an interest therein is sold or transferred by the grantor without beneficiary's poor written consent.excluding dal the creation of a lien or encumbrance subordinate to this Deed of Trost.IDl the creation of a purchase money secunty interest tor household appliances.lei a transfer by devise.descent or by operation of law upon the death of a pint tenant or Id the grant at any leasehold interest of three years or less not containing an option to purchase.beneficiary may.at beneficiary's option.declare all the sums secured by this Deed of Trust to be immediately due and payable.Beneficiary shall have waived such option to accelerate if,prior to the sale or transfer.beneficiary and the person to whom the property is to be sold or transferred reach agreement in wasting that the credit of such person is satisfactory to beneficiary and that the interest payable on the sums secured by this Deed of Trust shall be at such rate as beneficiary shall request. AND THAT IN CASE OF ANY DEFAULT.Whereby the right of foreclosure occurs hereunder.the Public Trustee or the holder of said note or certificate of purchase.shall at once become entitled to the possession.use and enjoyment of the property aforesaid.and to the rents.issues and profits thereof.from the accruing of such nght and during the pendency of foreclosure proceedings and the penod of redemption.if any there be:and such possession shall at once be delivered to the Public Trustee or the holderof said note or cemficate of purchase on request.and on refusal.the delivery of such possession may be enforced by the Public Trustee or the holder of said note or certificate of purchase by any appropnate civil suit or proceeding.and the Public Trustee.or the holder of said note or certificate of purchase.or any thereof.shall be entitled to a Receiver for said property,and of the rams. issues and orofits thereof.after such default.including the time covered by foreclosure proceedings and the period of redemption.If any there be.and shall be entitled thereto as a matter of nth(without regatd to the solvency orimolvency of the grantor or of the then owner of said property and without meandto • the value thereof.and such Receiver may be appointed by any coun of competent jurisdiction upon ex pane application anti without nonce—notice being herby expressly waived—and all ruts.issues and profits.income and revenue therefrom shall be applied by such Receiver to the payment of the indebtedness hereby secured.according to the law and the orders and directions of the court. AND.That incase of default in any of said payments of principal or interest.according to the tear and effect of said prominent note aforesaid.or any of them.or any pan thereof.or of a breach or violation of any of the covenants or agreements herein.by the grantor.his personal representatives or assigns. then and in that case the whole of said principal sum hereby secured.and the interest thereon to the time of the sale.may at once.at the option of the legal holder Mercer.become due and payable.and the said property be sold in the manner and withthe same effect as if said indebtedness had matured.and that ifforeclosur be made by the Public Trustee.acianemxgracanuczacm a reasonable attorney's fee dollars • for services in the supervision of said foreclosure proceedings shall be allowed by the Public Trustee as a pan of the cost of foreclosure.and if foreclosure be made through the courts a reasonable attorneys fee shall be taxed by the court as a par of the cost ot such foreclosure proceedings. The singular number shall include the plural.the plural the singular.and the use of any gender shall be applicable to all genders. Executed this 21st day of October Iq 91 _ NITER; �1„01�� _ Judith Ann ScS 'SEAL, • State of Colorado 1ns, ,, 1 • County of Boulder 'I1401to:AnjnlE• •lu wag acknowledged before me in the County of Boulder - :asrebf-'•'_Cd ado .this 21st day of October • .w 91 .by Judith Ann 1"Set1917L1 R),:•. = segy� 1 1,t. �SCL/4a9/b/ os i. elglitz Boa..' oAugust 15, 1993 4770 Baseline Rd. , Suite 300 or•e0lflk '� ,3 ''••eann,no'''t•' Boulder CO 80303 .-- #' a c m 3 1 a S d t � I- I - a P 'O C C o ii F 0 irea. ii La E 0 G 11 u• o k u o o ETriz° C 1- > s 13 hNr 940814 1 EXHIBIT A Together with a non-exclusive easement for ingress and egress for residential purposes as shown below. The maintenance of which shall be shared equally between the owners of Exemption 1313-17-1- RE915, Lots A and B. A strip of land, 15.00 feet in width, extending from a line that bears N00'17 '00"E, Westerly and Southerly to the East-West Centerline of Section 17, located in the NE1/4 of Section 17, T2N, R68W of the 6th P.M. , County of Weld, State of Colorado, said strip of land being 7.50 feet on each side of the following described Centerline: Commencing at the E1/4 Corner of said Section 17 , thence N89°45 '11"W, 1314.09 feet along the East-West Centerline of said Section 17 to the Southwest Corner of that tract of land conveyed to James M. Strahan and Linda L. Strahan as described in Warranty Deed recorded in Book 0979 at Reception No. 01906047 of the records of Weld County, Colorado; thence NO1'19 '00"E, 623.89 feet along the West line of that tract of land as described in said Book 0979 at Reception No. 01906047 to a Northwesterly Corner thereof; thence S89'27 '00"E, 1.50 feet along the Northerly line of that tract of land as described in said Book 0979 at Reception No. 01906047 ; thence N00'17 ' 00"E, 97. 04 feet to the TRUE POINT OF BEGINNING; Thence 558'33 '00"W, 11.20 feet; Thence N87°49 '00"W, 24.79 feet; Thence 502°11' 00"W, 421.73 feet to a point of curve to the right; Thence Southwesterly, 77.49 feet along the arc of said curve to a point tangent said arc having a radius of 120.00 feet, a central angle of 37'00' 00" and being subtended by a chord that bears 520'41'00"W, 76.15 feet; Thence 539'11' 00"W, 121.53 feet to a point of curve to the left; Thence Southwesterly, 84.78 feet along the arc of said curve to a point tangent, said arc having a radius of 150.00 feet, a central angle of 32'23 '00" and being subtended by a chord that bears 822 '59 '30"W, 83.66 feet; Thence S06'48 '00"W, 51.59 feet to the East-West Centerline of said Section 17 and the POINT OF TERMINATION. 940814 EXHIBIT P OWNERS OF RECORD OF AFFECTED LAND (SURFACE AREA) AND OWNERS OF RECORD OF SUBSTANCE TO BE MINED Judith Ann Schell 11820 Niwot Road Longmont, CO 80501 P-1 940814 EXHIBIT Q MUNICIPALITIES WITHIN TWO MILES City of Longmont Civic Center Complex 3rd and Kimbark Street Longmont, CO 80501 (303) 776-6050 Q-1 940S14 v. COLORADO HISTORICAL v SOCIETY The Colorado History Museum 1300 Broadway Denver,Colorado 80203-2t-CE I V E August 27, 1993 SEP - Z 1893 Pamela L. Hanson, P.E. Tuttle Applegate, Inc. 11990 Grant Street, #410 _ Denver, CO 80233 Re: Weld County Mine - Boulder Creek Dear Ms. Hanson: This office has reviewed your correspondence of August 10, 1993 concerning the above proposed project. A search of the Colorado Cultural Resource Inventory has indicated that there are no known sites located within the boundaries of this project. However, the location of this operation makes it highly probable that prehistoric and historic sites may be present. If there have been no extensive land altering activities in the project area, we recommend that a cultural resource survey be undertaken to determine if eligible cultural resources will be impacted by mining activities. This is done in accordance with the Colorado Register of Historic Places Act (24-80.1) . If we may be of further assistance please contact Jim Green at 866-4674. Sincerely, selJames E. Hartmann State Historic Preservation Officer JEH/WJG 94°814 • TthttleApplegate,lnc. Consultants for Land,Mineral and Water Development February 18, 1994 Mr. James Green Colorado Historical Society 1300 Broadway Denver, Colorado 80203-2137 RE: Weld County Sand and Gravel Mine - Boulder Creek Dear Mr. Green: Back in August of 1993, our firm contacted you to obtain information on the above mentioned site. We are including a copy of the vicinity map and a legal description to help refresh your memory. Your office's response was to request that a cultural resource survey be conducted if no extensive land altering activities have occurred on the project site. The current owner of the property has plowed, seeded, and irrigated this area for the past two years. The previous owner had, at some point in time, stripped off approximately four (4) to six (6) feet of the topsoil and overburden from the area and removed it from the site. The banks of Boulder Creek in this vicinity and the ground levels on the west side of the property, give evidence that the surface elevations at this site have been altered. As the removal of approximately four to six feet of soils would constitute extensive land altering activities, we suggest that a cultural resource survey of this area would not find any eligible cultural resources that could be impacted by the mining operation. Due to the previous activities at this site, we request that this site be cleared by your office from obtaining a cultural resource survey. If you need additional information or have any question, please give me a call. We appreciate your consideration of this request and look forward to your response. Cordially, TUTTLE APPLEGATE, INC. Pamela E. Acre Landscape Architect PEA/sj r Encs. cc: File #93-170 Kenny Schell, Twin Peaks Excavating ct9Ji7o‘rem.ltr 11990 Grant Street, Suite 410•Denver, Colorado 80233•(303)452-6611 •Fax (303)452-2759 91.081 4 •1` • 1 1� �l COLORADO RECEIVED HISTORICAL SOCIETY • FEB 2 8 '994 The Colorado History Museum 1300 Broadway Denver,Colorado 80203-2137 February 23, 1994 Pamela E. Acre Landscape Architect Tuttle Applegate, Inc. 11990 Grant Street, Suite 410 Denver, Colorado 80233 Re: Weld County Sand & Gravel Mine - Boulder Creek Dear Ms. Acre: This is to acknowledge receipt of your February 18, 1994 correspondence concerning the above proposed project. A search of the Colorado Cultural Resource Inventory indicated that there are no known cultural resources within the project area. Based on the information supplied, we believe the present nature of the proposed project area is such that no (further) impact upon cultural resources will occur. Therefore, the proposed undertaking may proceed upon approval of the appropriate agency. However, if previously unidentified archaeological resources are discovered in the course of the project, work must be interrupted until the resources are properly evaluated in terms of the National Register of Historic Places eligibility criteria (36 CFR 60.4) in consultation with this office. Thank you for the opportunity to comment. If we may be of further assistance, please contact Jim Green at 866-4674. Si erely, iik,(... -�.+. _ James E. Hartmann State Historic Preservation Officer JEH/WJG 940S14 EXHIBIT R PROOF OF MAILING OF NOTICES TO COUNTY COMMISSIONERS AND SOIL CONSERVATION DISTRICT i I ( P 860 407 545 = q6J 407 544 eceiptfor Receipt-for Certified Mail Certified Mail . No Insurance Coverage Provided No Insurance Coverage Provided Mr; (See not use for International Mail �! Do not use for International Mail "eyl°"i (See Reverse) 4""��`r (See Reverse) s-',tie Senile ;eat area xp.a ♦ e Sven and Ne ! I Telrl41 e_A-- i_.Static nozl=Coe P....w:e�lZ..Code .� '3 e !a Sat Postage. $ .507 Penn: $ 0 Ceritee.Fee Certified Fee I. VO special Delxry Fei Speed ogion Fee -_ Si StiCIO Delivery Fee Seutnoee Deer.Fe_ - Return Sex-.pl5:vwinp .yernPecegl S-,axin; rr co mwncn8 Data Deere 1. 0 ) �' ev o.�a m�e oereerec V Lu Rat,and Aipt sesee OWWssn. w Da:rn e. no M oessS-eMa Mdcii. Z Dare, Rebdnsee. to tend Z Data,and to Who TOTAL Costive -I TOTAL Pos'a:t 6 •Foes S�. ♦ 6 &Fxs $ mPostmark or Da.e I m Postmark or Doe I a0 I e E E le 93 no 31O10141 • a 93-17p 21°/94/ _ -*awes Adis'wined Sidon 10/noA llueyl I Is your RETURN ADDRESS completed on the reverse side? I m ¶ f41a1dIn1I H - nLP < ail >��irrr--- x _ _ O �� To' .a ob >f ryL c f i^l" Et' En' V7 eOZeII FO fi J a (y. $ -e O m m ,e f c Si m n "r e :a- egg'" 5- Ei _ u¢f w 3 =� �$I � (� Q �f g kit' z gee ; $ Q ;I A G7❑ a. v $ j e, ii 3 .r_ o r3. D. qi 1 B to � p1— i ₹ � 8 " CY �� OeoB o ro re n Vi ₹; ₹ i c ,m c e 9g c 7 :II Ta q 456!'6 8t'W � ,it P i 1 1 I I $ Se F ap3/113332LI r,�3 •• - 1ais O44/ ear . } ₹a - z • e• g , f 0 — J 0 I O 1 mc.),)6 : e_ a E ; � - : rib-. m 11 c ! Lill* y A ' N Ai \I - m f; �2g b — $ -- jE 0 �n `n Q. ME oJ a I ≤.3 Yi d� a �� 0 c o : = g d� ss 9 4 a g. ..0 na_m o .40 o . .. -`-eIL a in in u ae " : j w$ >3ie3 _'�ri 3ef ui m a s L. dl Thank you for using Return Receipt Service. tees euenu s41 uo pazepwoa SS3tlOOV NAr113tl meek., 4ORi 4 EXHIBIT S PROOF OF FILING WITH COUNTY CLERK AND RECORDER A copy of the DMG/MLRD 112 Mining Permit Application for this project was filed with the Weld County Clerk and Recorder's Office. S-1 9401314 JOB NO : R3 _ ��o 7WttleApplegate,inc. Consultants for Land,Mineral and Water Development —1 � 1 inn LETTER OF TRANSMITTAL N ��DATE: 5J i E/ 4 PROJECT: kt I TO: `GI8• GG�L�vc //1� �IIC� / i flt` '✓1 C�CC-0- _I I4nk-4- 2-c1.o-ed a WE TRANSMIT: THE FOLLOWING: FOR YOUR: Attached n Prints a Use n Under Separate Cover n Originals n Approval 0 Information Below n Copy of Letter n Information AApplications n Review & Comment n Specifications n Material Returned n Other 0 Signature & Return Number of Copies Dated Sheet No. Description / applitaliarc5 L/`�-� Remarks: VA/tat-cc / r 1cL5� r�G c c� �G1 �C,h (c , foe p(Ab11'G 1�4V14�v; -6(z o, yv\l'Y lyyv J.y-14. o Ise Copy to: Signed:`� q5- no ray, 4 Gaf - 11990 Grant Street, Suite 410•Denver, Colorado 80233•(303)452-6611 •Fax(303)452-2759 PROPERTY OWNERS WITHIN 500 FEET OF PERMIT SITE* 1. Cottonwood Land & Farms LTD P. O. Box 229 Boulder, CO 80306 1313-17-0-00-062 2. Distel, Melba 1443 Weld County Road 20-1/2 Longmont, CO 80501 1313-17-0-00-053 3. Longmont, City of Longmont, CO 80501 1313-08-0-00-030 4. Temperature Processing Company, Inc. 10477 Weld County Road 7 Longmont, CO 80501 1313-09-0-00-003 5. Cooley Gravel Company P. O. Box 5485 Denver, CO 80217 1313-16-0-00-031 6. Cox, Janine 1767 Weld County Road 20-1/2 Longmont, CO 80501 1313-17-0-00-035 *All properties are located within 200 feet and 500 feet radius from the site boundary. 93-170 9401314 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application Nu. - Subject Property Schell Pit See attached Exhibit A for Legal Description STATE OF COLORADO ) es. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge, the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of minerals on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, from an ownership update from a title or abstract company, or an attorney. The foregoing instrument was subscribed and sworn to beforef,me this 0/0 day of (mow , 19 C , By • WITNESS my hand and official seal. My Commission expires: 09- 09- 9 V 4-7c2-4 ;C; Notary Public 940Ft4 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property Schell Pit See attached Exhibit A for Legal Description SATE OF COLORADO ) 1 se. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge, the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within 500 feet of the property which is the subject of the application. This list was compiled from the records of the Weld County Assessor, an ownership update from a title or abstract company, derived from such records, or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within 30 days of the application submission date. The foregoing instrument was subscribed and sworn to before me this day of c\u _L_ , 19 Eli, by Q A- ZZZZZ WITNESS my hand and official seal. My Commission expires: O9 -09-9 `7' Notary\plic 940811 Hello