HomeMy WebLinkAbout930259.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A
DRY-PIT GRAVEL MINE IN THE A (AGRICULTURAL) ZONE DISTRICT - BESTWAY PAVING
COMPANY
WHEREAS, the Board of County Commissioners of Weld County, Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested
with the authority of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the
24th day of March, 1993, at the hour of 10:00 a.m. in the Chambers of the Board
for the purpose of hearing the application of Bestway Paving Company, 1313 North
35th Avenue, P.O. Box 3189, Greeley, Colorado 80633, for a Site Specific
Development Plan and Special Review Permit for a dry-pit gravel mine in the A
(Agricultural) Zone District on the following described real estate, to-wit:
Part of the SW' SW4, Section 36, Township 6
North, Range 66 West of the 6th P.M. , Weld
County, Colorado
WHEREAS, said applicant was represented by Gary Tuttle, Engineer, and
WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides
standards for review of said Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, has studied the request of the applicant and the
recommendations of the Weld County Planning Commission and all of the exhibits
and evidence presented in this matter and, having been fully informed, finds that
this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application
requirements of Section 24.7, 44.1, 44.2, and 44.3 of the Weld
County Zoning Ordinance.
2. It is the opinion of the Board of County Commissioners that the
applicant has shown compliance with Section 24.4.2 of the Weld
County Zoning Ordinance as follows:
a. This proposal is consistent with the Weld County Comprehensive
Plan's Mineral Resource Goals and Policies and the
Transportation Goals and Policies. The Conditions of Approval
and Development Standards will ensure that these goals and
policies are met. The Comprehensive Plan encourages the
extraction of mineral resources when the mining plan promotes
reasonable and orderly development of materials.
b. The proposal is consistent with the intent of the Agricultural
Zone District and is provided for as a Use by Special Review.
c. Conditions of Approval and Development Standards will ensure
compatibility with the existing surrounding land uses.
Surrounding land uses include pasture land, commercial uses,
mobile home park, and rural residences.
930259
PL0902
pco9c3, -
SPECIAL REVIEW PERMIT - BESTWAY PAVING COMPANY
PAGE 2
d. The proposed use will not have an adverse affect on the
existing and future development of the surrounding area as
permitted by Weld County and the City of Greeley's
Comprehensive Plans. The City of Greeley Planning Commission
reviewed this proposal and recommended approval with certain
concerns. The concerns are addressed in the Conditions of
Approval and Development Standards.
e. No overlay districts affect the 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 for a Site Specific Development Plan and
Special Review Permit for a dry-pit 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.
3. Prior to the Special Review Permit activity occurring on the site,
evidence shall be submitted to the Department of Planning Services
that:
a. All permits required by the Army Corps of Engineers have been
obtained.
b. An emissions permit has been obtained from the Air Pollution
Control Division, Colorado Department of Health, for fugitive
dust and odors.
c. A dust control plan has been approved by the Weld County
Health Department.
d. The Use by Special Review activity shall not cause injury to
vested or conditional water rights as set forth in Section
44.4. 11 of the Weld County Zoning Ordinance.
930259
SPECIAL REVIEW PERMIT - BESTWAY PAVING COMPANY
PAGE 3
e. A NPDES Permit has been obtained from the Water Quality
Control Division of the Colorado Department of Health.
f. Warning signs approved by the Weld County Engineering
Department shall be located at the entrance to the property
and on 35th Avenue that indicates potential pedestrian
hazards. No trespassing signs shall be posted at a minimum of
100-foot intervals on the perimeter fencing.
4. Prior to recording the Special Review Permit plat:
a. The plat shall be amended to show access onto the property
with a 50-foot long asphalt apron, with a 50-foot radius for
turning.
b. The plat shall be amended to show 35th Avenue instead of 35th
Street on the mining plan and the reclamation plan.
c. The following note shall be placed on the Special Review
Permit plat:
Note: The Mined Land Reclamation Board has the authority to
issue permits for mining and reclamation activities.
Activities related to mining and reclamation are,
therefore, under the jurisdiction of the Mined Land
Reclamation Board. However, Weld County has
jurisdiction of those matters outlined in the
Development Standards.
d. A road maintenance and improvements agreement shall be entered
into with Weld County to mitigate the impacts created by heavy
truck traffic.
e. A road impact agreement shall be entered into with Weld County
to mitigate impacts created by heavy truck traffic on other
users of public roadways.
5. Prior to dewatering the site or exposing groundwater, evidence shall
be submitted to the Department of Planning Services that specifies
the State Division of Water Resources has approved a well permit or
other legal water supply for the mining operation.
6. Prior to recording the plat, the plat shall show a four-strand
barbed wire fence and a 6-foot berm along the southwest side of the
Special Review Permit area.
930259
SPECIAL REVIEW PERMIT - BESTWAY PAVING COMPANY
PAGE 4
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 24th day of March, A.D. , 1993.
ATTEST: , °
n / BOARD OF COUNTY COMMISSIONERS
, �/ % WELD COUNTY, COLORADO
Weld County Clerk to the Board &tr.? Tiir•-C.% lGela0,
Constance L.
nce /L HHj rbert, C airman
BY: /2i4-4//it—79-7-x -22 4n !�/�. Y ILL
Deputy Clerk to the Board �- W. H. ebste 7-Tem
APPROVED AS TO FORM: �
eorge Baxter
------)
frCounty Attorney Dale K. Hall
barbara J. Kirkmey r
930259
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
BESTWAY PAVING COMPANY
USR #1000
1. The Site Specific Development Plan and Special Review Permit is for a
dry-pit gravel mine of less than 10 acres in size 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 herein.
2. Approval of this plan may create a vested property right pursuant to
Section 90 of the Weld County Zoning Ordinance.
3. This permit shall be valid for no more than 2 (two) years from the date of
recording of the Special Review Permit plat, but no more than 3 years from
the date of approval by the Board of County Commissioners.
4. The open cut gravel operation shall comply with Section 44.4, 44.5 and
44.6 of the Weld County Zoning Ordinance.
5. The hours for the operation are limited to daylight hours only, or not to
exceed 6:30 a.m. to 7:00 p.m. , six days per week, Monday through Saturday,
year round, with operation allowed not more than 12 calendar days per year
on Sunday.
6. All liquid and solid wastes shall be stored and removed for final disposal
in a manner that protects against surface and groundwater contamination.
7. Any required air emissions permit shall be obtained from the Air Pollution
Control Division, Colorado Department of Health, for fugitive dust and
odors.
8. No permanent disposal of wastes shall be permitted at this site.
9. Fugitive dust shall be controlled on this site.
10. The maximum permissible noise level shall not exceed the Industrial limit
of 80 dB(A) , between 7:00 a.m. to 7:00 p.m. , and 50 dB(A) between 7:00
p.m. to 7:00 a.m. , as measured according to 25-12-102, Colorado Revised
Statutes.
11. Adequate toilet facilities shall be provided on site for employees.
12. Any required NPDES Permit shall be obtained from the Water Quality Control
Division of the Colorado Department of Health and/or amended, if
appropriate for the increased operation.
13. The applicant shall remove, handle, and stockpile overburden, soil, sand
and gravel from the facility area in a manner that will prevent nuisance
conditions.
930259
DEVELOPMENT STANDARDS - BESTWAY PAVING COMPANY
PAGE 2
14. A stormwater discharge permit form the Colorado Department of Health,
Water Quality Control Division, shall be obtained for all construction
activities that disturb more than five (5) acres.
15. The facility shall have sufficient equipment available to implement the
approved dust control plan as required by the Health Department. The
approved dust abatement plan shall be maintained at all times.
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 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.
930259
HEARING CERTIFICATION
DOCKET NO. 93-15
RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A
DRY-PIT GRAVEL MINE IN THE A (AGRICULTURAL) ZONE DISTRICT - BESTWAY
PAVING COMPANY
A public hearing was conducted on March 24, 1993 at 10:00 A.M. , with the
following present:
Commissioner Constance L. Harbert, Chairman
Commissioner W. H. Webster, Pro-Tem
Commissioner George E. Baxter
Commissioner Dale K. Hall
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 February 22, 1993, and
duly published March 11, 1993, in the Windsor Beacon, a public hearing was
conducted to consider the request of Bestway Paving Company a Site
Specific Development Plan and Special Review Permit for a dry-pit 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. Mr. Schuett suggested
amending Condition of Approval 114d and adding Condition of Approval 114e
concerning a road impact agreement. Gary Tuttle, Engineer representing
the applicant, stated the proposed site is near 35th Avenue and "F"
Street. He reviewed the surrounding area for the Board and said this will
be a ten-acre site for crushing and screening, with the material to be
transported about one-quarter mile south to Bestway's asphalt plant. Mr.
Tuttle explained there will be a berm along the south and west sides for
noise and visual screening. He said eventually there will be a seven-acre
pond in the middle of the site, with residential to the south and
industrial to the north. Mr. Tuttle said the truck traffic should not be
a problem because this small site will be completed before they begin
mining the large site. He said they are agreeable to the Planning
Commission's recommendation and the revisions suggested by Mr. Schuett.
Mr. Tuttle noted that the Planning Commission restricted the hours of
operation from 6:30 a.m. to 7:00 p.m. , for six days a week, with limited
Sundays. He said there will be safety fencing, and the berm will be a
minimum of six feet. The Permit will expire in two years, and the noise
level is restricted to residential standard. In response to questions of
the Board, Mr. Tuttle said this site will be mined for one to one and one-
half years while the wetlands are being worked out on the larger site.
Mr. Morrison explained that by agreeing to the two-year limitation, the
applicant is waiving his right under statute for three years vesting. Mr.
Tuttle said that is understood, and he will forward a letter stating such.
Mr. Tuttle answered further questions of the Board and said the area
should be reclaimed by the fall of 1994. He also explained that the
landowner has enough water rights for augmentation. Paul Rottmund,
surrounding property owner, voiced his concerns about noise, security,
wildlife, truck traffic and the safety of children, what the land will
look like in five to ten years, and dust. In response to a question from
Commissioner Webster, Mr. Rottmund said if the area resulted in a lake and
park that would be satisfactory; however, he would like to see an overall
plan. Mr. Tuttle explained that there will be a safety fence, and the
lake will be a kidney-shaped lake. He said the area is not in the
930259
RE: HEARING CERTIFICATION - BESTWAY PAVING COMPANY
PAGE 2
floodplain; therefore, there will be residential and industrial uses on
either side. There is a possibility of the City creating a park on the
site. He reiterated that the Planning Commission restricted the noise to
50 decibels prior to 7:00 a.m. , and they will be using electric pumps
rather than diesel. He also reiterated that this area should be reclaimed
within two years, and it will look better than it does now. After further
discussion concerning the fencing, Mr. Tuttle agreed to put no trespassing
signs on the fence. He also explained that the prairie dogs in the area
would be eradicated before mining. In response to a question from
Chairman Harbert, Mr. Tuttle said that Bestway is not the owner of the
land; however, the owner has discussed future plans for the area. There
was further discussion concerning safety of children in the area, and Mr.
Tuttle agreed to provide signage for warning of pedestrians. Herman
Altercott, Bestway Paving representative, said they have an extensive
safety program with weekly meetings, and their drivers are cautioned to
exercise care for pedestrians. Mr. Tuttle answered questions of the Board
and said the area disturbed would be reseeded as required by the State
plans. He reiterated that by the end of 1994 the area will be better than
it is now. Mr. Morrison noted that it is the operators' responsibility,
not the owners, to reclaim the property, and they are bonded by the State
to do so. He explained there is split jurisdiction, and the State Mining
has enforcement authority. Mr. Schuett read the addition of Condition of
Approval 114f into the record. After further discussion and a minor change
to said condition, Commissioner Hall moved to approve the request of
Bestway Paving Company for a Site Specific Development Plan and Special
Review Permit for a dry-pit gravel mine in the A (Agricultural) Zone
District, based on the recommendations of the Planning staff and the
Planning Commission, the change to Condition of Approval 114d, the addition
of Conditions of Approval 114e, and #4f, and with the Conditions of
Approval and Development Standards as entered into the record. The motion
was seconded by Commissioner Webster. The motion carried unanimously on
a roll-call vote.
This Certification was approved on the 29th day of March, 1993.
// APPROVED:
ATTEST: �/V (//� BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk o the Board
By: / (� -512-iz�1 11�21.r�
/Zj �. �q Constance L. Harbert, Chairman
Deputy Clerk to -the Board
W. H Webster, P o-Tem
TAPE 1193-09 /
• E. :axter
DOCKET 1193-15
Dale K. Hall
PL0902 '4'-'i
/ --/Ate
arbara J. Kirkmey r
930259
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 24th DAY OF March 1993:
DOCKET # 93-45 - USR, Bestway Paving
DOCKET 111
DOCKET #
DOCKET #
PLEASE write or print your name legibly, your address and the DOCKET # (as listed
above) or the name of the applicant of the hearing you are attending.
NAME ADDRESS HEARING ATTENDING
PaAkk ..20o
•
Mike Applegate, P.E.
•••••••••
r�„ A e 1
.-..� TUTTLE APPLEGATE, INC.
•= Consultants for Land and Resource Development
Civil Engineering•Land Planning•,Mining and Rru lanrarion
Water Resource~•Landuape Ar,hueufur,
(303)452-6611 FAX (303) 452-2759
11991) Grant St. • Suite 410 • Denver, Co 80233
930Z59
NOTICE
The Board of County Commissioners of Weld County, Colorado, on March 24, 1993,
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 two years.
APPLICANT: Bestway Paving Company
1313 North 35th Avenue
P.O. Box 3189
Greeley, Colorado 80633
LEGAL DESCRIPTION: Part of the SW* SWe of Section 36, Township 6
North, Range 66 West of the 6th P.M. , Weld
County, Colorado
TYPE AND INTENSITY
OF APPROVED USE: Dry-pit gravel mine in the A (Agricultural) Zone
District
SIZE OF PARCEL: 9.9 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
BY: SCLERK TO E� THE BOARD
�Q_S�Yl f�--`
beputy Cle�6LL11ii__` to the Board
PUBLISHED: April 1, 1993, in the Windsor Beacon
92Arrn
MOM AFFIDAVIT OF PUBLICATION
The Board of County STATE OF COLORADO
Commissioners of Weld
County, Colorado, on SS
March 24, 1993, COUNTY OF WELD
conditionally approved a
Site Specific
Development Plan and I, KEITH HANSEN, of said County of Weld, being duly
Special Review Permit sworn,say that I am publisher of
for the property and
purpose described
below. Conditional WINDSOR BEACON
approval of this plan
creates a vested a weekly newspaper having a general circulation in said
properly rigM pursurxa lo
Article 68 of Title 24. County and State, published in the town of WINDSOR,
C.R.S.,as amended,for in said County and State; and that the notice, of which
a period of two yea the annexed is a true copy, has been published in said
APPLICANT: Beetway weekly for__successive weeks, that the notice
Paving Company, 1313 was published in the regular and entire issue of every
North 35th Avenue, P.O. number of the paper during the period and time of
Box 3189, Greeley,
Colorado 80633 publication, and in the newspaper proper and not in a
supplement, and that the first publication of said notice
LEGAL DESCRIPTION: was in said paper bearing the date of the
Part of the SW1/4 SW1/4 P P
of Section 36,Township (49t-
6 //11
North, Range 66 West day of 4 Gf1-wil , A.D., 199 and
of the 6th P.M., Weld
County,Colorado the last publication bearing the date of the
TYPE AND INTENSITY day of , A.D., 19_ and
OF APPROVED USE: that the said WINDSOR BEACON has been published
Dry-pit gravel mine in the
A (Agricultural) Zone continuously and uninterruptedly for the period of 5
District consecutive weeks,in said County and State, prior to the
SIZE OF PARCEL: 9.9 date of first publication of said notice, and the same is a
acres,more or less newspaper within the meaning of an Act to regulate
Failure to abide by the printing of legal notices an advertisements, approved
May 18, 1931, and all prior cts ar as in force.
terms and conditions of
forfeiture
approval wiff result n a
forfeiture of the vested
property right-
BOARD OF COUNTY P USHER
COMMISSIONERS, �}{
WELD COUNTY, Subscri dd and sworn to beforee me this J"� day
• COLORADO of U>.Lr7 195
BY: DONALD D. r�/�
WARDEN, CLERK TO /.1441 Or t% /7Anl-j-yy
THE BOARD NOTARY PUBLIC
BY: SHELLY K. 9-p-4-4
�
MILLER,Deputy aerk to My commission expires - -4 y �- /
r
7 1
Published In the (/
Windsor lessen en
April 1,1103.
// t '
BESTWAY PAVING COMPANY
USR-1000
The staff requests that Condition of Approval 4d, be amended to read:
4d. A road maintenance and improvements agreement shall be entered into with
Weld County to mitigate the impacts created by heavy truck traffic.
The staff asks that the following condition be added:
4e. A road impact agreement shall be entered into with Weld County to mitigate
impacts created by heavy truck traffic on other users of public roadways.
930239
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
March 16 , 1993
Page 4
CASE NUMBER: USR-1000
NAME: Bestway Paving Company
ADDRESS: 1313 North 35th Avenue, P.O. Box 3189 , Greeley, Colorado 80633
REQUEST: A Site Specific Development Plan and a Special Review permit for a
dry-pit gravel mine in the A (Agricultural) zone district.
LEGAL DESCRIPTION: Part of the SW4 of Section 36 , T6N, R66W of the 6th
P.M. , Weld County, Colorado.
LOCATION: North of and adjacent to "C" Street; south of and adjacent to "F"
Street and east of and adjacent to 35th Avenue.
Gary Tuttle, representative, Bestway Paving Company, explained they are
requesting a gravel mining permit in the agricultural zone. The location of the
proposed 9 . 9 acre operation will be the southeast corner of "F" Street and 35th
Avenue. Surrounding land uses are agricultural, industrial, a mobile home park,
2 residences , and railroad tracks. He said the reason for the hold up on a
previous application (83rd Joint Venture) is the discovery of a plant possibly
growing in the area that has been placed on the endangered species list, and is
only identifiable when it blooms , which is in July and August. In the meantime ,
Bestway Paving Company is forced to find an interim source of material.
Overburden/stockpiles will be 4 to 6 feet in height and seeded immediately. This
will act as visual screening and noise buffer to surrounding land uses.
Reclamation will leave a 7 acre lake and could possibly be annexed into the City
of Greeley at a later date. Truck traffic will be on a gravel lane with a short
haul route mainly to the existing asphalt batch plant. Hours of operation would
be 6 :00 a.m. until 9 :00 p.m. , 7 days a week.
Gary Tuttle questioned staff' s recommendations in the form of a need for safety
fencing, stating the surrounding areas are industrial and agricultural zones.
This will be a short duration mining operation. He questioned the City of
Greeley' s request for an existing bike route being extended. This should be a
request at the reclamation process , not during the mining process . He also
questioned Condition of Approval Number 4, (e) , (f) , and (g) , stating this was
input from the City of Greeley to Weld County but should not exist as
recommendations at this point.
Bill O'Hare questioned the extended hours and the possibility of wetlands, as
seen on the map. Gary Tuttle said there are wetlands in a corner of the proposed
site, but the mining operation would not be located in this area. They have
approval of the site from the U.S . Army Corps of Engineers . He also explained
when there is a paving job you can' t just stop at 5 :00 on the mark, they really
need the extended hours . Shirley Camenisch asked about the raw materials being
transported to the batch plant. Gary Tuttle explained the batch plant is just
down the road.
930259
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
March 16, 1993
Page 5
The Chairperson asked if there was anyone in the audience who wished to speak for
or against this application.
Paul Rottmund, surrounding property owner, explained he is a resident in the
mobile home park across from the site proposed. He said there are quite a few
children in the mobile home park. Children tend to be curious and there is
concern for their safety. He feels a security fence is a must. He is also
concerned about the wildlife in the area, noise levels, truck traffic, and
possible accidents with oil wells in the area.
Judy Yamaguchi asked approximately how many children were residents of the mobile
home park. Paul Rottmund said he would guess anywhere from 16 to 26 children.
Greg Fleebe, Planner, City of Greeley, informed the Planning Commission there is
a proposal in the City office now for 450 new mobile homes in a mobile home park
in this area. He felt the Planning Commission should consider some form of
fencing, and look closely at the hours of operation.
Virginia Scheel, surrounding property owner, stated these types of operations
create alot of dust and noise and she is opposed to this type of operation.
Shirley Camenisch, asked how and at what point the noise levels are measured and
what the differences are between Agricultural, Industrial , and Residential
levels .
Lee Morrison explained there are maximum measurements for Industrial and
Residential zones but there is no standard attached to Agricultural uses for
noise levels. He said the noise levels for this application would be measured
within the residential area. Trevor Jirczek said Lee Morrison had defined the
requirements for noise levels in the different zones .
Don Feldhaus asked Keith Schuett if there were any County standards that would
help with the safety fencing issue. Keith Schuett said not that he is aware of.
These applications are reviewed on a case by case basis to make the
determination. Bill O'Hare asked what the present use of this property is .
Keith Schuett said the property is vacant.
Keith Schuett recommended a new Development Standard Number 3 and the renumbering
of the remaining Development Standards .
3. This permit shall be valid for no more than 2 (two) years from the date of
recording of the Special Review permit plat, but no more than 3 years from
the date of approval by the Board of County Commissioners.
930?,q
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
March 16, 1993
Page 6
Richard Kimmel moved to add a new Development Standard Number 3 and renumber
remaining Development Standards . Bill O'Hare seconded the motion.
The Chairperson asked the secretary to poll the members of the Planning
Commission for their decision. Richard Kimmel - yes ; Bill O'Hare - yes ; Judy
Yamaguchi - yes; Juliette Kroekel - yes ; Don Feldhaus - yes ; Shirley Camenisch -
yes . Motion carried unanimously.
Bill O'Hare moved to amend Development Standard Number 10 to read the maximum
permissible noise level should not exceed the Industrial limit of 80 dBa between
7 :00 a.m. and 7 :00 p.m. , and 50 Dba between 7 :00 p.m. , and 7 :00 a.m. as measured
according to 25-12-102 C.R.S . Shirley Camenisch seconded the motion.
The Chairperson asked the secretary to poll the members of the Planning
Commission for their decision. Richard Kimmel - yes ; Bill O'Hare - yes; Judy
Yamaguchi - yes; Juliette Kroekel - yes ; Don Feldhaus - yes; Shirley Camenisch -
yes . Motion carried unanimously.
The Chairperson asked the Planning Commission members to look at Condition of
Approval Number 4, (e) , (f) , and (g) , for any changes warranted.
Keith Schuett recommended eliminating Condition of Approval 4 (g) . Keith Schuett
also recommended rephrasing Conditions of Approval 4 (e) and (f) and
incorporating them into a new Condition of Approval Number 6 .
6 . Prior to recording the plat, the plat shall show a four strand barbed wire
fence and a 6 foot berm along the southwest side of the Special Review
permit area.
Bill O'Hare moved to delete Conditions of Approval 4 (e) and (f) and adding
Condition of Approval Number 6 , as shown above. Don Feldhaus seconded the
motion.
The Chairperson asked the secretary to poll the members of the Planning
Commission for their decision. Richard Kimmel - yes ; Bill O'Hare - yes; Judy
Yamaguchi - yes; Juliette Kroekel - yes ; Don Feldhaus - yes ; Shirley Camenisch -
yes . Motion carried unanimously.
Bill O'Hare moved to delete Conditions of Approval 4 (e) , (f) , and (g) . Shirley
Camenisch seconded the motion.
920259
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
March 16 , 1993
Page 7
The Chairperson asked the secretary to poll the members of the Planning
Commission for their decision. Richard Kimmel - yes ; Bill O'Hare - yes ; Judy
Yamaguchi - yes ; Juliette Kroekel - yes; Don Feldhaus - yes; Shirley Camenisch -
yes . Motion carried unanimously.
Richard Kimmel moved to amend Condition of Approval Number 4 (d) to read:
4 (d) . A road maintenance and improvements agreement shall be entered into
with Weld County to mitigate the impacts created by heavy truck
traffic on other users of public roadways .
Shirley Camenisch seconded the motion.
The Chairperson asked the secretary to poll the members of the Planning
Commission for their decision. Richard Kimmel - yes ; Bill O'Hare - yes; Judy
Yamaguchi - yes ; Juliette Kroekel - yes ; Don Feldhaus - yes ; Shirley Camenisch -
yes. Motion carried unanimously.
Richard Kimmel moved to forward Case Number USR-1000, Bestway Paving Company, as
amended, to the Board of County Commissioners with the Planning Commissions
recommendation for approval. Bill O'Hare seconded the motion.
The Chairperson asked the secretary to poll the members of the Planning
Commission for their decision. Richard Kimmel - yes ; Bill O'Hare - yes ; Judy
Yamaguchi - yes ; Juliette Kroekel - yes; Don Feldhaus - yes ; Shirley Camenisch -
yes . Motion carried unanimously.
Don Feldhaus comment: Want to express hopes , and I believe hopes are well
founded, that Bestway Paving will continue to be a good neighbor and sensitive
to the many issues that were expressed here by some of the neighbors today.
Particularly the safety issues, the dust issues , those types of issues , and
comply hopefully that we won' t have to rely on someone getting upset and annoyed.
Juliette Kroekel left at 4:00 p.m.
CASE NUMBER: USR-1002
NAME: North American Resources Company, c/o William Crews
ADDRESS: 1228 28th Avenue, Suite 2, Greeley, CO 80631
REQUEST: A Site Specific Development Plan and a Special Review permit for a
Natural Gas Processing and Compressor Station in the A
(Agricultural) zone district.
LEGAL DESCRIPTION: The SE4 SW4 of Section 11 , T2N, R66W of the 6th P.M. ,
Weld County, Colorado.
LOCATION: North of Weld County Road 22, approximately 1 .25 miles east of Weld
County Road 31.
930259
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS ::.
Moved by Don Feldhaus that the following resolution, as amended,l41S¢ introduced
for passage by the Weld County Planning Commission. Be it reaolved by the Weld
County Planning Commission that the application for:
CASE NUMBER: USR-1000
NAME: Bestway Paving Company
ADDRESS: 1313 North 35th Avenue, P.O. Box 3189, Greeley, Colorado 80633
REQUEST: A Site Specific Development Plan and a Special Review permit for a
dry-pit gravel mine in the A (Agricultural) zone district.
LEGAL DESCRIPTION: Part of the SW4 of Section 36, T6N, R66W of the 6th P.M. ,
Weld County, Colorado.
LOCATION: North of and adjacent to "C" Street; south of and adjacent to "F"
Street and east of and adjacent to 35th Avenue.
be recommended favorably to the Board of County Commissioners for the following
reasons:
1. The submitted materials are in compliance with the application
requirements of Section 24.7 , 44.1, 44.2, and 44. 3 of the Weld
County Zoning Ordinance as follows:
2. It is the opinion of the Planning Commission that the applicant has
shown compliance with Section 24.3 of the Weld County Zoning
Ordinance as follows:
This proposal is consistent with the Weld County Comprehensive
Plan' s Mineral Resource Goals and Policies, and the
Transportation Goals and Policies. The conditions of approval
and development standards will ensure that these goals and
policies are met. The comprehensive plan encourages the
extraction of mineral resources when the mining plan promotes
reasonable and orderly development of materials.
The proposal is consistent with the intent of the Agricultural
zone district and is provided for as a Use by Special Review.
Conditions of approval and development standards will ensure
compatibility with the existing surrounding land uses.
Surrounding land uses include pasture land, commercial uses,
mobile home park, and rural residences.
93O259
h i Eyl+ E
RESOLUTION, USR-1000
Bestway Paving Company
Page 2
The proposed use will not have an adverse affect on the
existing and future development of the surrounding area as
permitted by Weld County and the City of Greeley' s
Comprehensive Plans. The City of Greeley Planning Commission
reviewed this proposal and recommended approval with certain
concerns. The concerns are addressed in the Conditions of
Approval and Development Standards.
No overlay districts affect the 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. Prior to the Special Review permit activity occurring on the site,
evidence shall be submitted to the Department of Planning Services that:
a. All permits required by the Army Corps of Engineers have been
obtained;
b. An emissions permit has been obtained from the Air Pollution
Control Division, Colorado Department of Health, for fugitive dust
and odors;
c. A dust control plan has been approved by the Weld County Health
Department;
930259
RESOLUTION, USR-1000
Bestway Paving Company
Page 3
d. The Use by Special Review activity shall not cause injury to vested
or conditional water rights as set forth in Section 44.4.11 of the
Weld County Zoning Ordinance.
e. A NPDES permit has been obtained from the Water Quality Control
Division of the Colorado Department of Health.
4. Prior to recording the Special Review permit plat:
a. The plat shall be amended to show access onto the property with a
50 foot long asphalt apron with a 50 foot radius for turning.
b. The plat shall be amended to show 35th Avenue instead of 35th
Street on the mining plan and the reclamation plan.
c. The following note shall be placed on the Special Review permit
plat:
Note: The Mined Land Reclamation Board has the authority to
issue permits for mining and reclamation activities.
Activities related to mining and reclamation are,
therefore, under the jurisdiction of the Mined Land
Reclamation Board. However, Weld County has jurisdiction
of those matters outlined in the Development Standards.
d. A road maintenance and improvements agreement shall be entered into
with Weld County to mitigate the impacts created by heavy truck
traffic on other users of public roadways.
5. Prior to dewatering the site or exposing groundwater evidence shall be
submitted to the Department of Planning Services that specify states
that the State Division of Water Resources has approved a well permit or
other legal water supply for the mining operation.
6. Prior to recording the plat, the plat shall show a four strand barbed
wire fence and a 6 foot berm along the southwest side of the Special
Review permit area.
930259
RESOLUTION, USR-1000
Bestway Paving Company
Page 4
Motion seconded by Shirley Camenisch.
Vote:
For Passage Against Passage
Richard Kimmel
Bill O'Hare
Judy Yamaguchi
Juliette Kroekel
Don Feldhaus
Shirley Camenisch
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, Sharyn Ruff, Recording Secretary for the Weld County Planning Commission,
do hereby certify that the above and foregoing resolution, is a true copy of
the resolution of the Planning Commission of Weld County, Colorado, adopted
on March 16, 1993.
Dated the 1 rch, 1993.
Sharyn . Ruff
Secretary
930259
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Bestway Paving Company
USR-1000
1. The Site Specific Development Plan and Special Review permit is for a
dry pit gravel mine of less than 10 acres in size 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. This permit shall be valid for no more than 2 (two) years from the date
of recording of the Special Review permit plat, but no more than 3 years
from the date of approval by the Board of County Commissioners.
4. The open cut gravel operation shall comply with Section 44.4, 44.5 and
44.6 of the Weld County Zoning Ordinance.
5. The hours for the operation are limited to daylight hours only, not to
exceed 6:30 a.m. to 7:00 p.m. , six days per week, Monday through
Saturday, year round, with operation not allowed more than 12 calendar
days per year on Sunday.
6. All liquid and solid wastes shall be stored and removed for final
disposal in a manner that protects against surface and groundwater
contamination.
7. Any required Air Emissions permit shall be obtained from the Air
Pollution Control Division, Colorado Department of Health for fugitive
dust and odors.
8. No permanent disposal of wastes shall be permitted at this site.
9. Fugitive dust shall be controlled on this site.
10. The maximum permissible noise level shall not exceed the Industrial
limit of 80 dB(A) , between 7:00 a.m. to 7 :00 p.m. and 50 dB(A) between
7:00 p.m. to 7:00 a.m. , as measured according to 25-12-102, Colorado
Revised Statutes.
11. Adequate toilet facilities shall be provided on-site for employees.
12. Any required NPDES Permit shall be obtained from the Water Quality
Control Division of the Colorado Department of Health and/or amended, if
appropriate for the increased operation.
930259
DEVELOPMENT STANDARDS, USR-1000
Bestway Paving Company
Page 2
13. The applicant shall remove, handle, and stockpile overburden, soil, sand
and gravel from the facility area in a manner that will prevent nuisance
conditions.
14. A stormwater discharge permit form the Colorado Department of Health,
Water Quality Control Division, shall be obtained for all construction
activities that disturb more than five (5) acres.
15. The facility shall have sufficient equipment available to implement the
approved dust control plan as required by the Health Department. The
approved dust abatement plan shall be maintained at all times.
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 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.
930159
INVELIORY OF ITEMS SUBMITTED FOR CONSIDERATION
Applicant: Bestway Paving Case Number: USR-1000
Submitted or Prepared
Prior
to Hearing At Hearing
1. Application 65 pages X
2. 1 Application plat 1 page X
3. DPS Referral Summary Sheet X
4. DPS Recommendation X
5. DPS Surrounding Property Owner's Mailing List X
6. DPS Mineral Owner's Mailing List X
7. 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. Memo, dated February 16, 1993, from John Pickle, X
Weld County Health Department
12. Memo, dated March 3, 1993, from Drew Scheltinga, X
Weld County Engineering
13. Referral response, dated March 2, 1993, from Judy X
Suppington, State Engineer' s Office
14. Referral response, dated February 18, 1993, from X
Brion Newkirk, Western Hill F.P.D.
15. Referral response, dated February 19, 1993, from X
Ed Herring, Weld County Sheriff' s Office, Office
of Emergency Management
16. Letter, dated March 11, 1993, from Greg Fleebe, X
City of Greeley Planning Department
17. Letter, dated March 11, 1993, from Terry Kean, X
Tuttle Applegate, Inc.
18. Referral response, dated March 2, 1993, from X
Forrest Leaf, Central Colorado Water Conservancy
District
19. Referral response, dated March 9, 1993, from X
Dwayne K. Newman, West Greeley Soil Conservation
District
I hereby certify that the 19 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 h 19, 1993.
STATE OF COLORADO )
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COMMUNITY DEVELOPMENT
City of' 1000 10TH STREET, GREELEY, COLORADO 80631 (303) 350-9780
Greeley
March 11, 1993
Keith Schuett
Current Planner
Weld County Department of Planning Services
1400 North 17th Avenue
Greeley CO 80631
Subject: Weld County Project No. USR-1000
Westmoor Gravel Mine
Dear Mr. Schuett:
At its March 9, 1993, meeting, the City of Greeley Planning
Commission reviewed the referenced request. In a 6-1 vote the
Planning Commission approved the item with the following motion:
Commissioner de Besche moved to find that the proposal complies
with the Greeley Comprehensive Plan with the following conditions
recommended by staff:
1. An acceptable sight and sound buffering/screening plan for the
pit should be provided which should perform in a fashion equal
to the existing pit at 4th Street west of 35th Avenue;
2 . Adequate safety fencing around the pit should be provided
which performs in a fashion equal to the existing pit at 4th
Street west of 35th Avenue; and
3 . An acceptable plan to address the existing bicycle route on
F Street should be provided.
Commissioner de Besche further moved to add the following
conditions:
4 . The noise level at any time shall not exceed Greeley City
standards for residential areas as measured at the property
line; and
5. Hours of operation for crushing are limited to 7 :00 a.m. to
5; 00 p.m. , six days per week, Monday through Saturday, year-
round, with no crushing or hauling allowed on Sundays.
9$019
Keith Schuett
March 11, 1993
Page Two
Commissioner Slomer seconded the motion.
For your reference, I have enclosed a copy of the staff report.
If I can be of any further assistance, please feel free to contact
me.
Si erely,
Gr F 6°2
g
Plan r II
kb
Enclosure
9207,59
PLANNING COMMISSION SUMMARY
ITEM: Weld County Referral for a Use by Special Review
PROJECT: Westmoor Sand and Gravel Mining Operation
APPLICANT: Bestway Paving
LOCATION: Between C and F Street, East of 35th Avenue
PLANNING COMMISSION HEARING DATE: March 9, 1993
PLANNING COMMISSION FUNCTION:
To make a recommendation to the Weld County Planning Commission
on development conformance with the City of Greeley's
Comprehensive Plan.
PROJECT OVERVIEW:
Present Zone Agricultural
Existing Land Use Pasture
Overlay Zone None
Total Acreage 9.9 Acres
No. of Mining Phases 1
Proposed Hours 6:30 a.m.-4: 30 p.m.
Monday-Friday, 230 Days/Year
(Winter Daylight Hours)
6: 00 a.m. -9 :00 p.m.
Monday-Sunday
(Summer Daylight)
Processing Plant Temporary Mobile Plants (No
Permanent Structures)
Distance Between Plant
and Nearest Residence 550 feet
No. of Vehicles Approx. 10 (Two 25-Ton, 18-
Wheel Trucks, Two Front
Loaders, two scrapers, dozers,
graders)
Anticipated Life Span 2-5 years
90?59
Distance between Pit and Nearest
Residential Use 200 Feet
Proposed Haul Route F Street and 35th Avenue
Anticipated Post Mining Use . . Residential with 7 . 5-Acre
Lakes
LAND USES OF ADJOINING PROPERTIES:
North -- Railroad/Agricultural/Gravel Mining
South -- Residential/Agricultural/Gravel
East -- Agricultural/Gravel
West -- Agricultural
ZONING CLASSIFICATION OF ADJOINING PROPERTIES:
See attached zoning map.
BACKGROUND:
Approximately one-half of the site lies inside and one-half lies
outside the Greeley Mid-Range Expected Service Area. The entire
site is inside the Greeley 1986 Comprehensive Long-Range Expected
Growth Area and the three-mile area of influence of the City of
Greeley. Therefore, by virtue of Section 19-7 of the Charter of
the City of Greeley and the 1987 Weld County Comprehensive Plan
Policy of referring land use proposals for review and comment to
any jurisdiction within three miles of the proposal, the proposal
is within the purview of the Greeley Comprehensive Plan.
It is the practice of the City of Greeley Planning Commission to
review Weld County requests principally for conformance with the
City's Comprehensive Plan policies. Specific design issues are
addressed also to the degree necessary to ensure consistency with
the City's Comprehensive Plan and City's Zoning Code when the
proposal is within the City's Long-Range Expected Growth Area.
Bestway Paving would like to begin mining the pit in 1993 with
front-end loaders and scrapers. Gravel to be screened and
crushed will be processed in the northwest corner of the site.
The applicant proposes a dry mining process which consists of the
following: (1) Removing and storing the topsoil and overburden
in the perimeter berm; (2) constructing a dewatering trench for
the pit; (3) mining the gravel with trucks and front loaders; and
(4) reclaiming the site as work progresses. The processed
material will then trucked to the Bestway Paving Company asphalt
batch plant located approximately one mile south of the site.
The disturbed area will consist of roadways, working areas,
Planning Comm. Summary 2 WCR/USR for Sand & Gravel
920?59
processing, stock piles, and the area being rehabilitated. The
primary disturbed area created by the active mining operation
will be approximately three acres at any one time. In addition
to this, there will be other supporting roads, processing and
storage areas. The rehabilitation of each phase will commence
immediately after the mining of each phase is completed. The
applicant plans on providing a four-to-six-foot berm on the south
and west side with no fencing of the site during construction.
No fencing or berming on the other three sides is planned.
The existing neighboring land uses are predominantly agri-
cultural. There is a gravel pit to the north and one to the
southwest of the site. (The pit to the south is located north of
4th Street and west of 35th Avenue. None of the pits are inside
the City. ) Parcels to the south of the proposed pit that are
inside the city limits are currently zoned RM (Residential Mobile
Home) and are currently uses for mobile homes.
Proposed developments west and south of the proposed site are
inside the city limits. To the west is property zoned RM
(Residential Mobile Home) , PUD (Planned Unit Development) , and C-
3 (General Business) . The mobile home site is designed for up to
450 mobile home lots. The proposed mobile home site will be
immediately adjacent and to the west of the proposed Westmoor
gravel pit. The PUD site is proposed as recreational vehicle
parking and enclosed storage units which would serve both the
mobile home park and the general public. The City is not aware
of any immediate plans to develop this site.
The proposed mobile home site will be immediately adjacent and to
the west of the proposed Westmoor site gravel operation and south
of the 83rd Joint Venture gravel pit which was approved last
summer. The 83rd Joint Venture gravel pit was scheduled to begin
operation in late 1992 or early 1993 ; it is unclear at this time
when it will open.
Friendly Village mobile home park, located south of "C" Street,
is to the south of the proposed site. Friendly Village has 136
mobile home sites.
KEY ISSUE:
Does the proposal comply with the City of Greeley Comprehensive
Plan?
ANALYSIS:
The City's Comprehensive Plan of 1986 addresses sand and gravel
operations in both general and specific sections. The applicable
Greeley Comprehensive Plan Policies are as follows:
Planning Comm. Summary 3 WCR/USR for Sand & Gravel
9;30s53
Comprehensive Plan Policy 3 .2
Industrial development is encouraged to be located so that
negative external influences generated by the industrial use do
not affect either existing or potential nonindustrial land uses
located within the Long-Range Expected Growth Boundary.
Staff Comment: The application does not address the potential
external influences generated by the mining
operation on the potential recreational,
residential, or business uses located within the
city limits. The applicant, in developing its
plan, assumes that the proposed gravel operation
should be one of several in the area; therefore,
the area is accustomed to truck traffic and
industrial uses.
The external impact of most concern on non-
industrial land uses within the city is noise.
Although the applicant indicates that the noise
from the pit would meet the agricultural noise
standards, agricultural uses seldom operate from
sunup to sundown seven days a week. Therefore,
the preferred standard would be state standards
as measured at the mobile home park, both outside
and inside the mobile homes. The noise from the
existing pit to the southwest of the Westmoor pit
has been mitigated through the use of berms and
the location of storage piles. Residents in the
area are not bothered by the noise. It is not
clear if the Westmoor site has as good of a noise
mitigation plan as the Bestway pit to the
southwest.
Comprehensive Plan Policy 4. 3
All development is encouraged to be designed to promote
compatibility among neighboring land uses of differing intensity
and character. These efforts, where practical and appropriate,
should include complementary landscaping, building massing,
material selection, and site design.
Staff Comment: The proposal addresses only agricultural land
uses at rural densities. The proposal assumes
that due to the short life of the proposed pit,
it will be completed prior to further development
in the city. If development of the gravel pit is
delayed significantly, however, there could be
overlap and conflict in the development of the
gravel pit and the Greeley site to the east. It
is anticipated that the mining of this pit will
Planning Comm. Summary 4 WCR/USR for Sand & Gravel
930259
commence in 1993 . However, the WW Farm Pit north
of Boomerang Golf Course was approved in 1989 and
was to have Phase 1 completed prior to the
opening of the golf course. The course is now
open and the mining has not begun, nor are there
any definite plans to begin in the near future.
Other Weld County gravel pits that have been
reviewed by the Planning Commission have also had
significant start-up or completion time delays.
In addition, the market demands and priorities of
gravel producers often change which, again,
delays the completion of a project. These delays
can have significant chilling effects on develop-
ment in the city if potential impacts are not
effectively mitigated.
There are currently no plans to fence the gravel
pit. There are plans for the berming and
placement of the stockpiles around the proposed
gravel pit which may address in part the issue of
external impacts. However, fencing of the pit is
of critical importance because of the pit' s
proximity to existing and potential urban density
residential development inside the City of
Greeley.
F Street is currently proposed as a bike route in
the Greeley Comprehensive Bicycle Plan. There is
no consideration in the applicant' s proposal of
either constructing a bike lane or reserving
right-of-way or and easement so that bike land
can be constructed in the future.
Comprehensive Plan Policy 4. 11
All development is encouraged to develop in a manner that will
not preclude future extraction of economically recoverable gravel
when occurring in designated gravel resource areas. When sand
and gravel operations are permitted, the site should be reclaimed
in a manner that enhances both the natural environment and
anticipated future land uses.
Staff Comment: According to the Greeley Comprehensive Plan, the
proposed site is located in an area of
economically recoverable gravel.
The proposed reclamation plan shows one pond
totaling 5.7 acres with perimeter landscaping
appropriate for future residential use.
Planning Comm. Summary 5 WCR/USR for Sand & Gravel
930159
PLANNING STAFF RECOMMENDATION:
Find that the proposal complies with the Greeley Comprehensive
Plan with the following conditions:
1. An acceptable sight and sound buffering/screening plan for
the pit should be provided. Such screening should perform in
a fashion equal to the existing pit at 4th Street and west of
35th Avenue.
2 . Adequate safety fencing around the pit should be provided.
The fencing should perform in a fashion equal to the existing
pit at 4th Street and west of 35th Avenue.
3 . An acceptable plan to address the existing bicycle route on F
Street should be provided.
Planning Comm. Summary 6 WCR/USR for Sand & Gravel
9 0?59
TUTTLE APPLEGATE, INC.
Consultants for Land and Resource Development
V�March 11, 1993 MAR 1 21993
,. ,.. .nannninf
Mr. Keith Schuett
Weld County Planning Department
1400 North 17th Avenue
Greeley, CO 80631
Dear Keith:
Thank you for your call concerning Bestway Paving, Westmoor Site. Carl Hill,
Bestway Paving, and I discussed the points raised at the Greeley Planning
Commission meeting and Carl had the following input.
The hours approved by the County for 83rd Joint Venture, a nearby site, are
6: 00 A.M. to 9: 00 P.M. The County evening noise restriction hours extend
from 7 : 00 P.M. to 7 : 00 A.M. Greeley's noise reduction hours are from 10 P.M.
to 7: 00 A.M. The city recommendation for crusher/mining hours was 7 : 00 A.M.
to 5: 00 P.M. , 6 days per week. Mr. Hill has requested the maximum number of
hours to enable him to finish the project and move off the site as quickly as
possible. He is requesting mining hours of 6:00 A.M. to 9 : 00 P.M.
Bestway is opposed to the fencing recommendation and raised the point that
three lakes exist in the immediate area and none are fenced. While the
mining operation will excavate, the area will be dry until it is reclaimed as
a lake, at the completion of mining.
Because the trailer park is located below the elevation of the mine site, a
four to six foot berm should provide an adequate visual screen. Mr. Hill
suggested all overburden be pushed to the south and west to create the berm.
We feel confident there will be adequate material for a four to six foot berm
and possibly enough to raise the berm height.
Bestway proposes to use the existing road into the property, and while they
will improve that road there is no reason for them to plan for bikers use of
F Street. Gravel trucks use F Street regularly and the primary use of the
area is and has been gravel extraction. Bikers should expect to watch for
gravel trucks in the area.
Keith, if we can provide additional information, please let us know.
Cordially,
TUTTLE APP EGATE, INC.
( Terry K ne awc�
TK/sjr
cc: File #92-215
Carl Hill, Bestway Paving
930259
11990 Grant Street, #410 Telephone: (303) 452-6611
Denver, Colorado 80233 Facsimile: (303) 452-2759
Irtgl-- 11::'‘
DEPARTMENT OF PLANNING SERVICES
PHONE(303)353-3845, EXT. 3540
C. WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
COLORADO
February 9, 1993 CASE NUMBER: USR-1000
TO WHOM IT MAY CONCERN:
Enclosed is an application from Bestway Paving Company (Westmoor Site) for a Site
Specific Development Plan and a Special Review permit for a Dry Pit Gravel Mine.
The parcel of land is described as part of the SW4 SW4 of Section 36, T6N, R66W
of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for
which this application has been submitted is north of and adjacent to "C" Street;
south of and adjacent to "F" Street and east of and adjacent to 35th Avenue.
This application is submitted to you for review and recommendation. Any comments
or recommendation you consider relevant to this request would be appreciated.
Your prompt reply will help to facilitate the processing of the application and
will ensure prompt consideration of your recommendation. Please reply by
February 23, 1993, so that we may give full consideration to your recommendation.
Please call Keith A. Schuett, Current Planner, if you have any questions about
the application.
Check the appropriate boxes below and return to our address listed above.
1. "k- We have reviewed this request and find that it
does/does not) comply with our Comprehensive/ ° Plan for the
following J. . 7 4L�.L rcigie.„-A 3‘...1, (7 1 -6 exw
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. le e refe t the enclosed letter.
Signed: Agency:
Date: 3/z/ 43
MAR 0 8 1993 ! F.
.. ..a —coq,,1flifl•
930259
. (�t‘& : 4141 °
DEPARTMENT OF PLANNING SERVICES
Ville
PHONE(303)353.3845, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N.17TH AVENUE
G REE a O 80631
COLORADO 4,2° 0� �2�3'R.s
February 9, 1993 CASE NUMBER: �ISR- fill -
/n/
TO WHOM IT MAY CONCERN: (IvE Otito
8 DUI SP
Enclosed is an application from Bestway Paving Company (Westmoor Sit .4yr a Si
Specific Development Plan and a Special Review permit for a Dry Pit Cr .
The parcel of land is described as part of the SW4 SW4 of Section 36, T6N, R66W
of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for
which this application has been submitted is north of and adjacent to "C" Street;
south of and adjacent to "F" Street and east of and adjacent to 35th Avenue.
This application is submitted to you for review and recommendation. Any comments
or recommendation you consider relevant to this request would be appreciated.
Your prompt reply will help to facilitate the processing of the application and
will ensure prompt consideration of your recommendation. Please reply by
February 23, 1993, so that we may give full consideration to your recommendation.
Please call Keith A. Schuett, Current Planner, if you have any questions about
the application.
Check the appropriate boxes below and return to our address listed above.
1. We have reviewed this request and find that it
does/does not) comply with our Comprehensive Plan for the
following reasons.
2. We do not have a Comprehensive Plan, but we feel this request
(is/is not) compatible with the interests of our town
for the following reasons:
3. Let We have reviewed the request and find no conflicts with our
interests.
4. A formal recommendation is under consideration and will be
submitted to you prior to:
5. Please refer to the enclosed letter.
i
Signed: K rn ., Agency: blps.-74 ...5C—.2)
arr
Date: 3�9 9 ?
���11 tivv ,
,,4 MAR 1u 1993 U
930''59 `" ,. p►Rnnin
THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF-
WAY. IN THE EVENT THE PROPERTY UNDER CONSIDERATION IS NOT ADJACENT TO A PUBLICLY
MAINTAINED ROAD RIGHT-OF-WAY, THE APPLICANT SHALL POST ONE SIGN IN THE MOST PROMINENT
PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS
DRIVE) INTERSECTS A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY.
BOARD OF COUNTY COMMISSIONERS SIGN POSTING CERTIFICATE
I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY
THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS
BEFORE THE BOARD OF COUNTY COMMISSIONERS HEARING FOR CASE # U51, 1
THE SIGN WAS POSTED BY:
��C Ra� �0.tJ
NAME 0 PERSO PdddSTING SIGN
otyLg A1-l4,eP
SIGN TURF F APPLICANT
5
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
SUBSCRIBED AND SWORN TO ME THIS 9 DAY OF 4>e vf' , 19 93 •
SEAL
NOT Y PUB C
My Commission Expires July 20,1995
MY COMMISSION EXPIRES `l\\--
LAST DAY TO POST SIGN IS: HKG31\ \* , 19 %3 .
PLEASE RETURN THIS FORM TO THE DEPARTMENT OF PLANNING SERVICES' OFFICE ON OR BEFORE THE
DATE OF THE HEARING.
9:30159
LAND-USE APPLICATION
SUMMARY SHEET
Date: March 9, 1993
CASE NUMBER: USR-1000
NAME: Bestway Paving Company
ADDRESS: 3835 W. 10th Street, Suite 200D, Greeley, CO 80631
REQUEST: A Site Specific Development Plan and a Special Review permit for an
open cut gravel mine.
LEGAL DESCRIPTION: Part of the SW4 SW4 of Section 36, T6N, R66W of the 6th
P.M. , Weld County, Colorado.
LOCATION: North of and adjacent to "C" Street, south of and adjacent to "F"
Street and east of and adjacent to 35th Avenue.
SIZE OF PARCEL: 9.9 acres, more or less.
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS:
The criteria for review of this Special Review permit is listed in Section 24.3
of the Weld County Zoning Ordinance. The Department of Planning Services staff
has received responses from the following referral agencies:
1. Weld County Health Department
2. Weld County Engineering
3. Division of Water Resources
4. Western Hill F.P.D.
5. Weld County Sheriff' s Office, Office of Emergency Management.
The Department of Planning Services' staff has not received any objections from
surrounding property owners.
92®159
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REFERRAL LIST
NAME: Bestway Paving Company CASE NUMBER: USR-1000
REFERRALS SENT: February 9, 1993 REFERRALS TO BE RECEIVED BY: February 23, 1993
COUNTY TOWNS and CITIES
.7- Attorney _Ault
V X Health Department Brighton
Extension Service ____Broomfield
(/ X Emergency Management Office ____Dacono
Sheriff' s Office ____Eaton
G.-" X Engineering _Erie
_Housing Authority _Evans
_Airport Authority ____Firestone
_Building Inspection Fort Lupton
Frederick
ATE _Garden City
X Division of Water Resources Gilcrest
_Geological Survey X Greeley
Department of Health Grover
Highway Department Hudson
Historical Society Johnstown
Water Conservation Board _
_ Keenesburg
Oil and Gas Conservation Commission ____Kersey
La Salle
FIRE DISTRICTS ____Lochbuie
Ault F-1 _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 Platteville
Hudson F-7 ____Severance
Johnstown F-8 ____Thornton
La Salle F-9 ____Windsor
Mountain View F-10
_
Milliken F-11 COUNTIES
_
Nunn F-12 Adams
Pawnee F-22 Boulder
Platteville F-13 _
_ Larimer
Platte Valley F-14
Poudre Valley F-15 FEDERAL GOVERNMENT AGENCIES
Raymer F-2 ____US Army Corps of Engineers
Southeast Weld F-16 _USDA-APHIS Veterinary Service
Windsor/Severance F-17 ____Federal Aviation Administration
Wiggins F-18 Federal Communication Commission
X Western Hills F-20
lll/// SOIL CONSERVATION DISTRICTS
OTHER Brighton
X Central Colo. Water Conservancy Dist. Fort Collins
Panhandle Eastern Pipe Line Co. X Greeley
Tri-Area Planning Commission Longmont
West Adams
k;D/v _ A of tylif t , (
COMMISSION/BOARD MEMBER
Tom Rulon
930'!59
P,_° LFEB1 ins I'f
�.
mEmoRAn�um t.<". ,FE .q.
lit
V I Keith A. Schuett
To Weld County Planning Date February 16, 1993
COLORADO
From John S. Pickle, M.S.E.H. , Director, Environmental Heal
Subject: Case Number: USR-1000 Name: Best Way Paving Co.
(Westmoor Site)
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. Any required Emissions Permit is obtained from the Air Pollution Control
Division, Colorado Department of Health for fugitive dust and odors.
3. No permanent disposal of wastes shall be permitted at this site.
4. Fugitive dust shall be controlled on this site.
5. 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.
6. Adequate toilet facilities shall be provided for the public.
7. Any required NPDES Permit shall be obtained from the Water Quality Control
Division of the Colorado Department of Health and/or amended, if
appropriate for the increased operation.
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. After October 1, 1992, all construction activities that disturb more than
five (5) acres will be required to obtain a stormwater discharge permit
from the Colorado Department of Health, Water Quality Control Division.
JSP/jg-309
9'0.259 •
mEMORAnDUm
Keith Schuett
To Planning e March 3, 1993
COLORADO From Drew Scheltinga
Bestway Paving Company
'F' Street and 35th Avenue (USR - 1000)
subjeoe:
The county roads in the area of North 25th Ave. , 'C' Street and 'F' Street will
be impacted by traffic generated from gravel mining operations using heavy
trucks.
Gravel operations are required to enter into a Road Maintenance and Improvement
Agreement (RMIA) with the County to mitigate the impact created by heavy truck
traffic. Haul routes overlap between different gravel operators, therefore,
the existing haul routes are difficult to manage.
Attached is a RMIA in the immediate area that was recently approved by the
Commissioners. It should be used as a guideline for an RMIA for this
application.
DS/pds:mkeith
cc: Commissioner Baxter
File
( MAR 051993
r-Joe -•'.h.niannin^
ilFt ft!? DEPARTMENT OF PLANNING SERVICES
ID
cti1 PHONE(303)353-3845, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
C ,8 , 1400 N. 17TH AVENU
GREELEY, COLORA O80 3E
COLORADO &so
February 9, 1993 CASE NUMBER: USR-1OOO
TO WHOM IT MAY CONCERN:
Enclosed is an application from Bestway Paving Company (Westmoor Site) for a Site
Specific Development Plan and a Special Review permit for a Dry Pit Gravel Mine.
The parcel of land is described as part of the SW4 SW4 of Section 36, T6N, R66W
of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for
which this application has been submitted is north of and adjacent to "C" Street;
south of and adjacent to "F" Street and east of and adjacent to 35th Avenue.
This application is submitted to you for review and recommendation. Any comments
or recommendation you consider relevant to this request would be appreciated.
Your prompt reply will help to facilitate the processing of the application and
will ensure prompt consideration of your recommendation. Please reply by
February 23, 1993, so that we may give full consideration to your recommendation.
Please call Keith A. Schuett, Current Planner, if you have any questions about
the application.
Check the appropriate boxes below and return to our address listed above.
1. We have reviewed this request and find that it
does/does not) comply with our Comprehensive Plan for the
following reasons.
2. We do not have a Comprehensive Plan, but we feel this request
(is/is not) compatible with the interests of our town
for the following reasons:
3. 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:
930259 '
att231y114
COUNTY OF WELD, STATE OF COLORADO
LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT
///�,THIS AGREEMENT, made and entered into this ,2/ day of
C," -( QL2 , 1992, by and between the County of Weld,
State of Colorado, hereinafter called "County" and 83rd Joint
Venture, hereinafter called "Operator" .
WHEREAS, the Operator and other gravel operators have acquired
land use permits from the County for gravel mining and plant
operations in the area west of Greeley, Colorado along F Street at
35th Avenue, and
WHEREAS, gravel mining and plant operations are anticipated to
continue in this area well into the future, and
WHEREAS, the County roads in the area of F Street will be
impacted by heavy truck traffic generated from gravel mining and
plant operations and by other businesses using heavy trucks, and
WHEREAS, present and future gravel operators are required to
enter into Road Maintenance and Improvements Agreements with the
County to mitigate the impact created by heavy truck traffic, and
WHEREAS, haul routes overlap between different gravel
operators and the existing haul routes are difficult and
impractical to manage, and
WHEREAS, the maintenance and improvements required will vary
over time and provisions should be made to address future
requirements , and
WHEREAS, the County and the Operator agree it would be
advantageous to set forth an equitable agreement that would provide
a basis for future Road Maintenance and Improvements Agreements
between all parties concerned.
NOW, THEREFORE, in consideration of the mutual covenants and
conditions hereinafter set forth, the County and the Operator
mutually agree as follows :
1 . The County roads considered in this Agreement is F Street
from a point approximately 3,500 feet west of the
intersection of 35th Avenue east to 35th Avenue.
This County road is referred to hereinafter as "F
Street" .
B 1362 REC 02314114 12/10/92 14 : 37 $0 . 00 1/004
F 0687 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
921072
VOPC /i n, 02@ t , i — _ _ „ 93 0
Road Maintenance and Improvements Agreement
Page 2
r Q
,l r trn
2 . The Operator may use F Street as haul routes to^its L
gravel mining operations area as described in the plat
filed as required by USR #978 .
3 . In order to prevent degradation of the F Street road edge
at the access drives, the Operator will install a paved
apron into the site from F Street at least 35 feet in
length with 35 foot radius returns .
4 . The County will, to the best of its ability within the
restrictions of the law, require future gravel operators
who use the haul routes described in Paragraph 1 . , above,
to participate in Road Maintenance and Improvements
Agreements similar to this Agreement.
5 . The Operator and present and future gravel operators are
required to share in the cost of reasonable future
maintenance and improvements when such maintenance is
related to their hauling impacts .
6 . Upon notification by the County, all gravel operators and
the County will examine the roads and determine a plan
for the maintenance and improvements that are required.
The County will have the final determination as to what
maintenance and improvements are required based on input
from gravel operators using the road.
7 . Upon determining what maintenance and improvements are
required, a separate agreement shall be drawn detailing
the work to be done and the costs to be shared.
8 . When requested by the County, the Operator shall provide
information as to the amount of materials, in tons,
removed from the pit over a specified period of time.
The County Road and Bridge Department shall provide
information on the amount of materials, in tons , it has
hauled on the roads in questions . The County shall
estimate the amount of non-gravel materials, in tons,
shipped over the road in question for the same period of
time. When combined with information provided by other
operators (as set forth in Paragraph 5 . ) , the
proportionate amount of materials removed by each
operator will be used to determine each operator' s share
E 1362 REC 02314114 12/10/92 14 : 37 $0 .00 2/004
F 0688 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, c0
9302,59 416-7,,t
Road Maintenance and Improvements Agreement
Page 3
in maintenance and improvements . No costs for
maintenance and improvements associated with traffic not
generated by the gravel operators will be assessed to the
gravel operators .
9 . It is anticipated that the Operator and future or present
gravel operators will perform the work and share in the
equipment, labor, and materials required for the
maintenance and improvements necessary for F Street. Any
sharing done between the gravel operators shall be by
separate agreements .
10 . No portion of this Agreement shall be deemed to
constitute a waiver of any immunities the parties or
their officers or employees may possess, nor shall any
provision of this Agreement be construed to create any
duty, standard of care, or rights in favor of any third
parties with respect to any obligation created by this
Agreement.
11 . If the Operator does not participate as outlined in this
Agreement, it will constitute a revocation the conditions
of USR #978, and shall subject Operator to revocation of
said USR.
12 . This Agreement is not assignable by County to any other
entity and will be null and void for those sections of F
Street listed in Paragraph 1 which become annexed to the
City of Greeley. This Agreement may be assigned by
Operator only upon the written consent of County.
IN WITNESS WHEREOF, the parties hereto have duly executed the
Agreement the day and year first-above written.
ATTEST: �/1? 1 BOARD OF COUNTY COMMISSIONERS
l LW
v(/L?ifGsy� WELD COUNTY, COLORADO
Weld County Clerk to the Board
By: �.
George ennedy, Chairman
By: <un i°41//9.P-
Deputy Cle to the Board
B 1362 REC 02314114 12/10/92 14 : 37 $0 . 00 3/004
F 0689 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
930'159 9,',,.q r,_ �.
Road Maintenance and Improvements Agreement
Page 4
83RD AVENUE JOINT VENTURE
By: r�('.,211471-
Carl Hill, Jr.
83rd Joint Venture
STATE OF COLORADO
COUNTY OF KIEL D
The foregoing instrument was acknowledge before me by Carl
Hill, Jr. this (� day of `7" , 1992 .LLIfitNotary c
My cOMMission expires :
N7y wuuuisswn dinfes as wary 10.1995
Alterm.db
V
. •
1 ;
7.'
OF .c0,' .
930259
B 1362 REC 02314114 12/10/92 14 :37 $0 . 00 40O4
F 0690 MARY ANN FEUERSTEIN CLERK & RECORDER WELD C4(11/(TO `341
WATER RES . TEL :303-866-3589 Mar 02 93 10 : 13 No .004 P .02
if to It
DEPARTMENT OF RT PLANNING SERVICES
Will
PHONE(303)353.3846,EXT.3540
/ WELD COUNTY ADMINISTRATIVE OFFICES
140C .
ON. ORA0500AVENUE
RMp1vFIti GREELEY,COLORADO 80631
COLORADO FEB 11 '93 55/
' f ipa y 8'
February 9, 1993 �R068 CASE NUMBER: USA-1000
TO WHOM IT MAY CONCERN:
Enclosed is an application from Bestway Paving Company (Westmoor Site) for a Site
Specific Development Plan and a Special Review permit for a Dry Pit Gravel Mine.
The parcel of land is described as part of the SW4 SW4 of Section 36, T6N, R66W
of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for
which this application has been submitted is north of and adjacent to "C" Street;
south of and adjacent to "F" Street and east of and adjacent to 35th Avenue.
This application is submitted to you for review and recommendation. Any comments
or recommendation you consider relevant to this request would be appreciated.
Your prompt reply will help co facilitate the processing of the application and
will ensure prompt consideration of your recommendation. Please reply by
February 23, 1993, so that we may give full consideration to your recommendation.
Please call Keith A. Schuett, Current Planner, if you have any questions about
the application.
Check the appropriate boxes below and return to our address listed above.
1. We ha - - -d this request and find that it
oes no comply with our Coryprehen ive Plan for the
follow ng reasons. /7P !lgnaorad a2 p3 fien
r/iJv 8radecad-pormi 1-.1 I7 J
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.
ft
Signed: Agency: '12,1Otea:15_ �
Date:
mtv
MAR U 2 1993 U w
3
Mall tr.uwv PIBMijgr.. . ...y
MAR 2 '93 10:13 303 866 3589 PRGE.002
920. :59
ce
DEPARTMENT OF PLANNING SERVICES
WI'De
PHONE(303)353-3845, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
140 GREELEY, N. ORAAVENUEO631
COLORADO 80631
COLORADO
February 9, 1993 CASE NUMBER: USR-1000
TO WHOM IT MAY CONCERN:
Enclosed is an application from Bestway Paving Company (Westmoor Site) for a Site
Specific Development Plan and a Special Review permit for a Dry Pit Gravel Mine.
The parcel of land is described as part of the SW4 SW4 of Section 36, T6N, R66W
of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for
which this application has been submitted is north of and adjacent to "C" Street;
south of and adjacent to "F" Street and east of and adjacent to 35th Avenue.
This application is submitted to you for review and recommendation. Any comments
or recommendation you consider relevant to this request would be appreciated.
Your prompt reply will help to facilitate the processing of the application and
will ensure prompt consideration of your recommendation. Please reply by
February 23, 1993, so that we may give full consideration to your recommendation.
Please call Keith A. Schuett, Current Planner, if you have any questions about
the application.
Check the appropriate boxes below and return to our address listed above.
1. We have reviewed this request and find that it
does/does not) comply with our Comprehensive Plan for the
following reasons.
2. We do not have a Comprehensive Plan, but we feel this request
(is/is not) compatible with the interests of our town
for the following reasons:
3. ✓ We have reviewed the request and find no conflicts with our
interests.
4. A formal recommendation is under consideration and will be
submitted to you prior to:
5. Please refer to the enclosed letter.
Signed: c_.J. \ > .L.J Agency: l_ rot,At t `Na,U
Date: a-1°p-qn
FEB 2 4 1993 U
. .e „s,.nlA.P.ani ^�
920',59 '
DEPARTMENT OF PLANNING SERVICES
1111
PHONE (303)353-3845, EXT.3540
WELD COUNTY ADMINISTRATIVE OFFICES
140C. GREELEY, N. ORAAVENUEO631
COLORADO 80631
COLORADO
February 9, 1993 CASE NUMBER: USR-1000
TO WHOM IT MAY CONCERN:
Enclosed is an application from Bestway Paving Company (Westmoor Site) for a Site
Specific Development Plan and a Special Review permit for a Dry Pit Gravel Mine.
The parcel of land is described as part of the SW4 SW4 of Section 36, T6N, R66W
of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for
which this application has been submitted is north of and adjacent to "C" Street;
south of and adjacent to "F" Street and east of and adjacent to 35th Avenue.
This application is submitted to you for review and recommendation. Any comments
or recommendation you consider relevant to this request would be appreciated.
Your prompt reply will help to facilitate the processing of the application and
will ensure prompt consideration of your recommendation. Please reply by
February 23, 1993, so that we may give full consideration to your recommendation.
Please call Keith A. Schuett, Current Planner, if you have any questions about
the application.
Check the appropriate boxes below and return to our address listed above.
1. We have reviewed this request and find that it
does/does not) comply with our Comprehensive Plan for the
following reasons.
2. We do not have a Comprehensive Plan, but we feel this request
(is/is not) compatible with the interests of our town
for the following reasons:
3. 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: a S e"122 /vJ
Date: moo{ /12-Y r
1'11u7t-ur'cvJri
�I FEB 2 " 1993
920159 ..• .ft a n,n....iPt•
PLANNING COMMISSION SIGN POSTING CERTIFICATE
T HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED
BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST
10 DAYS BEFORE THE PLANNING COMMISSION HEARING FOR CASE # 0.1.1 //w(/
THE SIGN WAS POSTED BY:
. L (2 kb4 '
NAME OF PERSON POSTING SIGN
'ion /2
CO
SIGNATURE OF//tAPPLICANT
STATE OF COLORADO 1
1 ss.
COUNTY OF WELD
SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY CF ft//.„,
19 IL.
SEAL
N -AR?-/PUBLIC" /
MY COMMISSION EXPIRES MYConimrssroaE esJWy20,.1995 .
LAST DAY TO POST SIGN IS: /'1 CZrC u CO , 19��
920159
AFFIDAVIT OF PUBLICATION
• STATE OF COLORADO
SS
COUNTY OF WELD
I, KEITH HANSEN, of said County of Weld,being duly
NOTICE OF PISLIC Commission.,, sworn,say that I am publisher of
HEARING. Floor, el Room,
Couunttyt - _ WINDSOR BEACON
The Weld County Centennial Center,
Planning Commission 011 Tenth Street, a weekly newspaper having a general circulation in said
will hold a public Greetey, Colorado. County and State, published in the town of WINDSOR,
hearing on Tuesday, Continents or
March 16, 1993, at eldeali°ns related to in said County and State; and that the notice, of which
1:30 p.m. for the the above request the annexed is a true copy, has been published in said
purpose of null be submitted on weekly for isuccessive weeks, that the notice
considering a Site writing to the Weld was published in the regular and entire issue of every
Specific Development Coiini DcParlment al number of the paper during the period and time of
Plan.and a Special Planning Servicervices, publication, and in the newspaper proper and not in a
Review permit for the91$ Tenth Street,
property described Noon 342, Greasy, supplement, and that the first publication of said notice
blow.Approval of the Colorado 80831, was in said paper bearing the date of the
request may create a beta.the above rite
vesess� property rigla of presented at the /b day of '2 titel , A.D., 19 f and
pdmraFiflb tdlsano_ public hearing on Law. Minch 16,1993. the last publication bearing the date of the
-
APPLICANT: BacaCopies of the day of A.D., 19_ and
cation
d
Paving Company te that the available for public continuously and d WINDSOR
for s thenperiod sofe5
j inspection in consecutive weeks,in said County and State, prior to the
L E G A L DIDififtimi"P of date of first publication of said notice, and the same is a
Dof the W4 S 4P of /M N. ink newspaper within the meaning of an Act to regulate
of the SWa SWaof �� �
Section 36, TBN, Grs.Hy, Colorado printing of legal notices an advertisements, approved
RMW of the 6th P.M., ' 80081 - Phone-3t May 18,1931,and all prior cts ar as in force.
Weld County, 3945,Fxtenu°"35/0. .
Cdorado
Judy Yamaguchi,
TYPE AND 1 Chairperson, Weld
INTENSITY OF Cola" Planning P LISHER
PROPOSED USE: A Calerieuon
dry pit gavel mine. Sub d and sworn to beloor m this 24)X- day
Published In the of
95
LOCATION: North of W all•Kie Beacon on
and adjacent to 'C Peary 18,teas. 9
?`� —
:* P Street; south of and /eJ NOTARY PUBLIC
PU
, bent to' Bleat .
and east of and
adjacent to 36th My commission expires C/ eL4e 2-,�g
/ Al 4
Avenue.
SIZE:9.9 acres, more
a leas'
Th.pa hewing will
be bid in the Weld
County
•
1 MAD021993 U
\\
�e .
930159
DEPARTMENT OF PLANNING SERVICES
PHONE(303)353.3845, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
0 1400 N. 17TH AVENUE
GREELEY, COLORADO 80631631 COLORADO
DATE: February 9, 1993
TO: SURROUNDING PROPERTY/MINERAL OWNERS
CASE NUMBER: USR-1000
There will be a Public Hearing before the Weld County Planning Commission on
Tuesday, March 16, 1993, 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: Bestway Paving Company (Westmoor Site)
FOR: A Site Specific Development Plan and a Special Review permit for a Dry Pit
Gravel Mine.
LEGAL DESCRIPTION: Part of the SW4 SW4 of Section 36, T6N, R66W of the 6th P.M. ,
Weld County, Colorado.
LOCATION: North of and adjacent to "C" Street; south of and adjacent to "F" Street
and east of and adjacent to 35th Avenue.
Your property is within five-hundred (500) feet of the property on which this
request has been made. For additional information write or telephone Keith A.
Schuett, Current Planner.
9420.)"01
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-1000 for Bestway Paving (Westmoor Site) in the United States Mail,
postage prepaid First Class Mail by letter as addressed on the attached
list.
this 11th day of February, 1993.
930259
SURROUNDING PROPERTY OWNERS AND/OR
MINERAL OWNERS/SUBSURFACE ESTATE
Bestway Paving (Westmoor Site)
USR-1000
Thomas J. Cowan
P.O. Box 3296
Greeley, CO 80633
Marjorie R. Ramseler
2819 West 4th Street
Greeley, CO 80631
Northern Western Mobile, Inc.
P.O. Box 1647
Greeley, CO 80632
Wayne W. and Elaine R. Larson
3501 West F Street
Greeley, CO 80634
William A. and Dorothy E. Rodman
P.O. Box 1098
Greeley, CO 80632
Mr. Mike Hart
Flatiron Sand and Gravel Company
P.O. Box 229
Boulder, CO 80302
Kacee Trust
3016 C Street
Greeley, CO 80631
MAR Living Trust
Rural Route 1, Box 131-A
Chaseburg, WI 54621
Terry and Judith Kiefer
2920 West C Street
Greeley, CO 80631
Friendly Village of Greeley, Ltd.
2 West Dry Creek Circle, Suite 200
Littleton, CO 80120
9O"'59
SURROUNDING PROPERTY OWNERS AND/OR
MINERAL OWNERS/SUBSURFACE ESTATE
Bestway Paving (Westmoor Site)
USR-1000, Page 2
Marilyn and Tim Thissen
2701 F Street
Greeley, CO 80631
Putnam Farm Partnership
c/o Prime Management, Inc.
4891 Independence Street, #140
Wheatridge, CO 80033
City of Greeley
1000 Tenth Street
Greeley, CO 80631
Colorado and Southern Railroad
1405 Curtis Street
Denver, CO 80202
Westmoor Resources
3835 West 10th Street, Suite 200D
Greeley, CO 80634
Rick D. Hertzke
3835 W. 10th Street, Suite 200D
Greeley, CO 80634
920'59
44tt 44.4‘41D
DE
PARTMENT OF PLANNING SERVICES
PHONE(303)353-3845, EXT. 3540
WI I pe. WELD COUNTY ADMINISTRATIVE OFFICES
1400 N.17TH AVENUE
GREELEY, COLORADO 80631
COLORADO
February 9, 1993
Gary Tuttle
Tuttle Applegate, Inc.
11990 Grant Street, Suite 410
Denver, CO 80233
Subject: USR-1000 - (Bestway Paving - Westmoor Site) Request for a Site Specific
Development Plan and a Special Review permit for a Dry Pit Gravel Mine
on a parcel of land described as part of the SW4 SW4 of Section 36, T6N,
R66W of the 6th P.M. , Weld County, Colorado.
Dear Sirs:
Your application and related materials for the request described above are being
processed at this time. I have scheduled a meeting with the Weld County Planning
Commission for March 16, 1993, at 1:30 p.m. This meeting will take place in the
County Commissioners' Hearing Room, first floor, Weld County Centennial Center,
915 10th Street, Greeley, Colorado. It is recommended that you and/or a
representative be in attendance to answer any questions the Planning Commission
members might have with respect to your application.
It is the policy of Weld County to refer an application of this nature to any town
or municipality lying within three miles of the property in question or if the
property under consideration is located within the comprehensive planning area of
a town or municipality. Therefore, our office has forwarded a copy of the
submitted materials to the Greeley Planning Commission for its review and
comments. Please call Hank Epstein at 350-9783 for further details regarding the
date, time, and place of this meeting. It is recommended that you and/or a
representative be in attendance at the Greeley Planning Commission Meeting to
answer any questions the Commission members may have with respect to your
application.
It is the responsibility of an applicant to see that a sign is posted on the
property under consideration at least 10 days preceding the hearing date.
Sometime prior to March 4, 1993, you or a representative should call me to obtain
a sign to be posted on the site no later than March 6, 1993. The sign shall be
posted adjacent to and visible from a publicly maintained road right-of-way. In
the event the property under consideration is not adjacent to a publicly
maintained road right-of-way, the applicant shall post one sign in the most
prominent place on the property and post a second sign at the point at which the
driveway (access drive) intersects a publicly maintained road right-of-way. Your
sign posting certificate must be returned to the Department of Planning Services'
office on or before the date of the hearing.
90''59
Bestway Paving Company
USR-1000
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,
Ke' . Schuet
Current Planner
930?59
AFFIDAVIT OF INTEREST OWNERS
SURFACE ESTATE
Application No.
Subject Property See Attached Fxh.rhetA A f, G
SATE OF COLORADO )
ss.
COUNTY OF WELD
THE UNDERSIGNED, being first duly sworn, states that to the best of his
or her knowledge, the attached list is a true and accurate list of the
names, addresses, and the corresponding Parcel Identification Number
assigned by the Weld County Assessor of the owners of property (the surface
estate) within 500 feet of the property which is the subject of the
application. This list was compiled from the records of the Weld County
Assessor, an ownership update from a title or abstract company, derived from
such records, or from the records of the Weld County Clerk and Recorder.
The list compiled from the records of the Weld County Assessor shall have
been assembled within 30 days of the application submission date.
l t
The foregoing instrument was subscribed and sworn to before me this
cl0 day og e% aj �99 , 19 9_3 , by //,,
WITNESS my hand and official seal.
My Commission expires: / 7 a s 7 J
Notary Public
92011,59
AFFIDAVIT OF INTEREST OWNERS
MINERALS AND/OR SUBSURFACE
Application No.
Subject Property See Attached Exh%b to A. G
STATE OF COLORADO 1
ss.
COUNTY OF WELD
THE UNDERSIGNED, being first duly sworn, states that to the best of his
or her knowledge, the attached list is a true and accurate list of the names
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/`vrlsubscribed and sworn to before me this
2Q' day of ` (,�,LCG Guy ,1/9 7_, By
gild ' Sul , A4/2/4 •
WITNESS my hand and official seal.
My Commission expires: J f—ao1-9S
ail d�dic.t� l l a-6J
Notary Public
920159
\ i ,0 le EXHIBIT A
1 ‘in
r q
.1 R
3 •
A a• _
6.
O / 4727" See! y TS I ,:
)09
o L ,no
t
"19 — 4720
I 4 07
i
26 Ditch I •
2730" .
'•0
sit
•
et OS - _
469/ ee
4670
ME . r
•.1 •r •' - --_ -- 4666
/ ,$7 - '. SLR _
43
,U ° /, -
! \ 0 ./ „gp _-_,-,-,--a.v9.,.../21: t.o- /�.67,,t :•) r 1 t -il k
"77 ` ° . __35 V �: 36
✓y o�oR,_;; [ IT LO2'ATION _ it_
1 yt iNSTRE z
► 1 :L e664 ..
1
C, , � '"' 967 •• w 1 •
11
T 6 N r ' •
•
12 /�NO
W� ;4., N " BO).3 _ 11 +•
. . #
8 m ''b � _ I3 , ,,, 9b I I •' �Ilr r r i t,
T 5 N , Gravel -i R�/ •
Tra!lerl J ✓�E x! I •r I
ll
r � .fE[._* Park;=--;—;
�� ! - •"`� .6B0 I I
r T-71 yl NO r / a .. 9 N O .
, 1
\ y
I1� 0737 , . �:\ , I -
M75 s ---�, r f Jz ` l I t IL I;
n —_-.- .'� !`' it
2 p
z° �` ` - _ School
1 �F col r I
#f l' •.a .. - :\ •�fr.
PROPERTY OWNERS VICINITY MAP 92 p 59
WITHIN 500' TUTTLE APPLEGATE, INC. maxa'I/6i9 tw N�
h.vxra a.Lind end r...ia..re�r• .a. lai
1 11990 Grant Street,fulls 410 .e..v w, ern
Denver,Colorado 40233
,.n.Iie._cc.. cu Can.F. Of
LANDOWNERS WITHIN 500 FEET
1 . Thomas J. Cowan 080536000053
P.O. Box 3296
Greeley, CO 80633
2 . Marjorie R. Ramseler 080536000005
2819 West 4th Street
Greeley, CO 80631
3 . Northern Western Mobile, Inc . 080535000078
P.O. Box 1647
Greeley, CO 80632
4 . Wayne W. and Elaine R. Larson 080535000013
3501 West F Street
Greeley, CO 80634
5 . William A. and Dorothy E . Rodman 080535000012
P.O. Box 1098
Greeley, CO 80632
6 . Mr. Mike Hart 080536100013
Flatiron Sand & Gravel Company
P.O. Box 229
Boulder, CO 80302
7 . Kacee Trust 09590120005
3016 C Street
Greeley, CO 80631
8 . MAR Living Trust 09591200004
Rural Route 1 Box 131-A
Chaseburg, WI 54621
9 . Terry and Judith Kiefer 09590120003
2920 West C Street
Greeley, CO 80631
10 . Friendly Village of Greeley, LTD. 09590120006
2 West Dry Creek Circle
Suite 200
Littleton, CO 80120
11 . Marilyn and Tim Thissen 08053600006
2701 F Street
Greeley, CO 80631
12/13 . Putnam Farm Partnership 09590210008
c/o Prime Management, Inc. 08053500010
4891 Independence Street, #140
Wheatridge, CO 80033 9:30259
14 . City of Greeley
1000 Tenth Street
Greeley, CO 80631
15 . Weld County
915 Tenth Street
Greeley, CO 80631
16 . Colorado & Southern Railroad
1405 Curtis Street
Denver, CO 80202
9'&0?59
MINERAL RIGHTS OWNER:
Westmoor Resources
3835 West 10th Street
Suite 200D
Greeley, CO 80634
PROPERTY OWNER AND GRANTOR:
Rick D. Hertzke
3835 West 10th Street
Suite 200D
Greeley, CO 80634
MUNICIPALITIES WITHIN TWO MILES : .
City of Greeley
1000 Tenth Street
Greeley, CO 80631
930?S9
BESTWAY PAVING
"WESTMOOR SITE "
BESTWAY PAVING
APPLICATION FOR A MINING USE
BY SPECIAL REVIEW PERMIT
WELD COUNTY COLORADO
JANUARY. 1993
TUTTLE APPLEGATE, INC.
eni11990 Grant Street, Suite 410
Denver,Colorado 80233
;3r x1452-6611
930159
JOB NO : '=
AISS •
_. _
TUTTLE APPLEGATE, INC.
Consultants for Land and Resource Development
TELEPHONE: (303) 452-6611 E%: (303) 452-2759
11990 Grant Street; Suite 410; Denver, CO 80233
LETTER OF TRANSMITTAL
DATE: Err%,: 17'i PROJECT: �n� ,� / ' s 4sx..- . .r+.�
TO: ir
WE TRANSMIT: THE FOLLOWING: FOR YOUR:
❑ Attached ❑ Prints ❑ Use
Under Separate Cover ❑ Originals ~Approval
Information Below ❑ Copy of Letter ❑ Information
‘` rz., ' L' Applications Review & Comment
❑ Specifications ❑ Material Returned
❑ Recording Mylars ❑ Signature & Return
❑ Change Order ❑
El
Number rof Copies Dated Sheet No. Description
/C 3e,( ..I
1
Remarks:
Copy to: 9?.-0259
Copy w/Enclosures to: Si nedk,._
ana
male
Ina
aaM
TUTTLE APPLEGATE, INC.
Consultants for Land and Resource Development
tiJ
January 19 , 1993
FEB 0 9 1993
Mr. Chuck Cunliffe
Weld County Department of
Planning Services
915 Tenth Street
Greeley, CO 80631
RE: Bestway Paving; Westmoor Site, Use By Special Review for a
Mining Operation
Dear Mr. Cunliffe:
With this letter we are requesting a Use By Special Review for a
mining operation within the agricultural zone. We are including
for your use the Limited Impact Operations 110 (2 ) application as
administered by the Division of Minerals and Geology (DMG) . This
application will fully describe our proposed use of mining and
final reclamation. Any additional information as requested by the
weld County Procedural Guide will be addressed in this letter.
Please find enclosed a complete application and application fee.
The proposed mining operation is consistent with the Weld County
Comprehensive Plan. The pit will be supplying aggregate to users
in Weld County. The proposed use is consistent with the intent of
the District since this area contains a valuable resource and will
be restored to a beneficial use. This operation will not adversely
impact the agricultural economy of the County, and the water rights
of other irrigation users will be protected. We expect that this
site can be mined in 2 years. The minimum and maximum of this time
span will depend on the health or slowness respectively of the
local economy. The area will be reclaimed as a 7 .5 acre lake
surrounded by drought tolerant grasses.
We will augment water due to the evaporative losses from the lake.
These plans are explained in Exhibit C of the Limited Impact 110
(2 ) application. Sand and gravel mining and agriculture presently
surround the property.
The application complies with the County Flood Hazard Overlay
District regulations . The pit is not located in the 100 year
floodplain.
The proposed use is not located in a geologic hazard area or the
weld County Airport Overlay District area.
9307,59
11990 Grant Street, #410 Telephone: (303) 452-6611
Denver, Colorado 80233 Facsimile: (303) 452-2759
Mr. Chuck Cunliffe
Weld County Planning
January 19, 1993
Page 2
This property is zoned agricultural. This area is currently used
for pastureland and is not under crop cultivation. Over the past
years the land has been overgrazed and is in poor condition. Its
small size and urban location make the property poorly suited for
long term agricultural use. The use will not adversely affect
agricultural ditches, wells, or senior water rights.
The application will comply with all conditions of State and local
permits thus insuring the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and the County.
Specific conditions will apply to air quality, water quality,
noise, on-site mine safety, and reclamation according to applicable
state permits .
Noise from the processing site equipment at the property line will
not be a problem. The closest processing site will be a minimum of
300 feet from F Street, C Street, and 35th Avenue. This distance
will adequately dissipate any noise which could be louder than the
noise created by vehicles on the road. The nearest residence to
the mining pit is 550 feet away. Considering this distance all
noise will be less than the agricultural noise standards developed
by the State Department of Health.
Compatibility with surrounding land uses is insured by location and
setbacks. To the north is the railroad tracks and numerous sand
and gravel pits. To the east and west are agricultural lands with
a gravel pit to the east of 35th Avenue. To the south are
agricultural lands with an asphalt batch plant 1/2 mile to the
south on 35th Avenue. A mobile home rental park is located south
of C Street . The overburden will be pushed up into a four to six
foot berm along the south perimeter of the operation to act as a
visual screen and noise buffer. With this many sand and gravel
operations in existence around the proposed site, the area is
accustomed to truck traffic and industrial uses.
There is one residence on the Southeast corner of the permit
boundary. The proposed mining will maintain a 550 foot minimum
setback from the residence.
The mining and processing operations will generally work a normal
construction workday from 6 :30 a.m. to 4 : 30 p.m. on weekdays,
approximately 23-0 mays per;year. The summer and early fall are
traditionally busier seasons for the paving industry and require
longer working hours. Therefore we are requesting 'hours o
operation from 6 : 00 a.m. to 00 p.m ( hours) seven days
a week. These hours will vary due to daylight hours. It is
expected the ' operation will employ four workers on-site.
Maintenance of vehicles and equipment will occur before and after
regular working a hours . 92'0''59
�j K
Mr. Chuck Cunliffe
Weld County Planning
January 19, 1993
Page 3
There will be no animals allowed near the mining and processing
activities at the site. Vehicular traffic and access routes are
discussed in the accompanying "Traffic Patterns" statement. (The
statement has been provided separately for ease of reference by
County Engineering personnel. )
There will be no permanent structures proposed with this use. A
processing plant will be erected for use with the mining. The
equipment used is delineated on the Use By Special Review
application. Only general vehicle maintenance will occur on site.
Immediately after the mining is completed the lake reclamation will
begin. The visual screen/berm will be constructed and seeded prior
to mining.
Approximate sizes and locations of stockpiles, plant site, and
material storage are shown on the accompanying Exhibit E of the DMG
application.
The vehicular equipment will be equipped with fire extinguishers
per OSHA regulations . There will be no permanent structures
proposed with this use. The processing plant will be equipped with
a fire extinguisher. The site is within the Greeley Fire
Protection District.
The Limited Impact 110 (2 ) application Exhibit C discusses the
availability of water for process washing, dust control, moisture
loss, and evaporation loss. Drinking water on-site will be
provided by the operator in the form of bottled water. Sanitary
facilities (San-O-Lets ) will be provided by a private contractor.
This mining operation will not cause injury to vested or
conditional water rights along the Cache La Poudre River. The seep
ditch or the property is owned by Rick Hertzke. The well is
operated by Seewald Investors, Dad #1 , Ltd.
920159
Mr. Chuck Cunliffe
Weld County Planning
January 6 , 1993
Page 4
The property deed naming Rick D. Hertzke as owner of the property,
naming Westmoor Resources as owner of the mineral rights, and a
letter giving Bestway Paving Company legal right to enter are
included in the attached Exhibit G, to demonstrate the applicant ' s
interest in the property.
Soils information is included in the attached Exhibit D. The soil
does not pose any limitations to the proposed mining use.
Cordially,
TUTTLE APPLEGATE, INC.
Gary J. Tuttle
GJT/sjr
Encs .
cc : File #92-215
Carl Hill, Bestway Paving Company
C: \92215WCP.LTR
9y0'159
TRAFFIC VOLUMES AND HAUL ROUTES
This pit will be mined prior to the 83rd Joint Venture Resource
because of Corps of Engineers Section 404 delays. Concurrent
hauling from both of these operations will not occur. Therefore,
the F Street/35th Avenue intersection will bear traffic from only
one of these operations at a time.
Bestway Paving will be using one or two 25 ton, 18 wheel trucks.
These trucks will be running 8 to 10 hours a day and will make
approximately 48 trips per day total. The general market area for
the pit will consist of the City of Greeley and Weld County.
At the access point the operator will construct a 50 foot long
asphalt apron with a 50 foot radius for turning. Inside the site
the haul road will be surfaced with road base to limit mud debris
from the mine site to C Street.
The proposed haul route will exit the property onto F Street and
proceed west to 35th Avenue. The majority of the traffic will then
proceed south on 35th Avenue to the Bestway Paving Company asphalt
batch plant location approximately one mile south of the site.
Occasionally other customers may request a raw product so a limited
number of trucks may proceed east or west on F Street or north on
35th Avenue.
Both F Street and 35th Avenue are established truck routes and have
a pavement section to carry the traffic . The roads are in
excellent repair and should not be affected by the traffic .
920'59
WELD COUNTY, COLORADO
USE EY SPECIAL REVIEW APPLICATION
for
MINING PERMIT
Weld County Department of Planning Services. 915 1Oth Street, Greeley,
Colorado, Phone 356-4OOO, Extension 44OO
For Department of Planning Services Use Only Case Number:
Date Application Received: PC Hearing Date:
Section: , Township: North, }Range: West
Zoning District:
•
Recording Fee: Permit Fee:
Recording Fee Receipt 11: 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 caw! f, Ghava
(gravel, coal, borrowpit, etc.) mining operation for the following
described unincorporated area of Weld County:
LEGAL DESCRIPTION See Attached Exh,ib,i t A
TOTAL ACREAGE: 9.9 Acke-
2. Surface owner(s) of area of land described (303) 356-3932
Name: Rack D. HeA tz e Address: 3835 W 10th St Phone:
Name: Address: Ste 200D. Gh_eetew Phone:
3. Owner(s) gs moral rights o substance to be mined (303)352-3006
Name: Address: 3835 G1 10th S4' sip Phone:
Name: $ Address: 200V GhPetay Phone:
•
4. Source of ppp14CantYtedlwgll,bright to enter and to mine on the land
described: ' e Lz x u tt
(Attached certified copy of any document noted to the back of this form)
5. Address of applicant and general office
Applicants address: 131 N. 35th Ave Phone:(303) 353-1654
General Office address: Phone:
6. Identify any prior permits for mining held by applicant or ff'
person: Bes#way Pawing Pit #1 MAP-s
7. Description of Operation
a. Types and number of operating an processing equipment to be
employed: Z Fnovit. Loadena, 2eScnapeAs, dazeha, gnadexe, excavaton3
cnushesc, screen pxant, ob4-cee, ma,cmtenance shop
b. Maximum number of employees: 4 , and number of shifts: 2
c. Number of stages to be worked: 1 , and periods of time
each is to be worked: appnoxAanately 2 yeahn
d. Thickness of mineral,deposit: j1; to lgzfeeti and ,.thickness of the
overburden: I to 2?
I
e. This will be a wet/dry pit operation. Dny
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) : S,i to evn-tnanee/exet point wLtt be on F Stnee-t
east 35th Avenue. Detive-&u points wife be throughout Gneeleu
and Cue-td County.
8. Description of Rehabilitation
a. Proposed rehabilitation land use(s): Lake and Gnas4Land
-b. Source of technical advice for reclamation: Gneeeeu Sou Conservation
abst ect
c. Explanation of Reclamation Process:An eahthenn beam welt be eneated
and Seeded to 4ciceen the m,inLna pet. The £ctke shone elite be back6itted
to 3H to 1V s.eapes.
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 &'4Ieft_
STATE OF Caeonada
Signature: Owner/Av orized Agent
Subscribed and sworn to before me this 2201tA day of --i/ . 199,3
Odd ' au/
SEAL NOTARY PUBLIC
•
My Commission expires //` cl-
9 0259
EXHIBIT A
LEGAL DESCRIPTION
A portion of the Southwest Quarter of the Southwest Quarter of
Section 36 , Township 6 North, Range 66 West of 6th Principal
Meridian, containing 9 . 9 acres . County of Weld, State of Colorado.
A-1 9 0?59
BESTWAY PAVING
"WESTMOOR SITE "
BESTWAY PAVING
APPLICATION FOR A
LIMITED IMPACT OPERATION 110(2) PERMIT
WELD COUNTY COLORADO
JANUARY. 1993
TUTTLE APPLEGATE, INC.
4, TILE tarwa..ATE...lNC.
G
11990 Grant Street, Suite 410
Denver,Colorado 80233
(303)452-6611
9: 0259
•
•
LIMITED IMPACT OPERATION (110(2))
RECLAMATION PERMIT
APPLICATION FORM
CHECK ONE: xxx New Application (Rule 3.2) _ Amendment Application (Rule 1 .8)
Conversion Application (Rule 1 .10)
The application for a Limited Impact Operation Reclamation Permit contains three major
parts: (1) the application form; (2) Exhibits A-J: and, (3) the application fee. When
you submit your application, be sure to include one (1) signed original and one (1) copy
of the application form, two (2) copies of Exhibits A-J, and a check for the application
fee described under (3) below. 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: Bestway Paving
1 . 1 Type of organization (corporation, partnership, etc.): Corpnratinn
2. Operation name (pit, mine or site name) :
Westmoor Resources Site
2.1 I .R.S. Tax ID No. or Social Security No. : 84-0527796
3. Permitted acreage 9.9 permitted acres
3.1 Application Fee (New Application Only) $675.00 application fee
Gravel.
4. Substance(s) to be mined (e.g. , gravel/gold/borrow):
5. Name of owner of surface of affected land: Rick D. xertske
6. Name of owner of subsurface rights of affected land: Westmoor Resources
7. Type of mining operation: xxx Surface _ Underground _ In-situ
8. Location information. The center of the area where the majority of mining will
occur lies in: Weld
COUNTY:
PRINCIPAL MERIDIAN (check one): xxx 6th (Colorado) 10th (New Mexico) Ute
TOWNSHIP (write number and check direction): T 6 xx North South
RANGE (write number and check direction): R 66 • _ East xx West
SECTION (write number): S 36
QUARTER SECTION (check one): NE NW SE xa SW
QUARTER/QUARTER SECTION (check one): _ NE _ NW _ SE xx SW
GENERAL DESCRIPTION:
(miles and direction The property is approximately 1 mile northwest of
from nearest town and
approximate elevation) Greeley at the intersection of 35th Avenue and C Street
at elevation 4670 Feet.
92::,s59
..--_.....
-2—
9. Correspondence Information:
APPLICANT/OPERATOR (name, address, and phone of name to be used on permit)
Individual 's Name: Carl Hill
Company Name: Bestway Paving
Street: 131.,North 35th Avenue, P.O. Box 3189
City: Greeley
State: CO Zip Code: 80633
Area Code: 303 Telephone: 353-1654
PERMITTING CONTACT (if different from applicant/operator above)
Individual 's Name: Gary J. Tuttle
Company Name: Tuttle Applegate, Inc.
Street: 11990 grant Street. Suite 410
City: Denver
State: co Zip Code: 80233
Area Code: 303 Telephone: 452-6611
INSPECTION CONTACT
Individual 's Name: Carl HIll
Company Name: Bestway Paving
Street: 131_,North 35th Avenue, P.O. Box 3189
City: Greeley
State: CO Zip Code: 80633
Area Code: 303 Telephone: 353-1654
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:
920259
-3—
10. Primary future _ Cropland(CR) Pastureland(PL) _ General Agriculture(GA)
(Post—mining) Rangeland(RL) _ Forestry(FR) _ Wildlife Habitat(WL)
land use xx Residential(RS) Recreation(RC) Industrial/Commercial (IC)
(check one): _ Developed Water Resources(WR) _- Solid Waste Disposal(WD)
11 . Primary present _ Cropland(CR) xx Pastureland(PL) _ General Agriculture(GA)
land use _ Rangeland(RL) _ Forestry(FR) _ Wildlife Habitat(WL)
(check one): Residential(RS) Recreation(RC) Industrial/Commercial (IC)
_ Developed Water Resources(WR) _- Mining(MN)
An applicant will not be issued a reclamation permit until notified by the Division that
this application and the required performance and financial warranties have been
approved. Alternatively, an automatic approval will occur where the Division fails to
notify the applicant/operator that the application has been denied. This decision must
be made thirty (30) calendar days from the date the application was submitted. However,
the performance and financial warranties must be submitted and approved by the Division
before the 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.
Notice Requirements
Within ten (10) days after filing, mail or personally serve a copy of the notice
described in Rule 3.2(3)(b)(iii) to 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 (Rule 3.2(3)(b)(iv)(A) and (8)). In addition, you should publish
once in a newspaper of general circulation, in the locality of the proposed mining
operation, the notice described in Rule 3.2(3)(b)(iii). 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. Proof of notice may
be by submitting return receipts of a certified mailing or by proof of personal service
(Rule 3.2(3)(b)(vi )) .
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
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 appeals process. you should contact the Division at (303) 866-3567.
920259
-4-
As an authorized representative of the applicant, I hereby certify that the operation
described has met the minimum requirements of the following terms and conditions:
1 . All necessary approvals from local government have been applied for
(Rule 3.2(1 )(d));
2. This entire mining operation will not extract more than 70,000 tons of
mineral , overburden, or combination thereof in any calendar year (Rule 3.2);
3. This mining operation will not adversely affect the stability of any
significant, valuable and permanent man-made structure(s) located within
two hundred (200) feet of the affected lands. However, where there is an agreement
between the applicant/operator and the persons having an interest in the structure
that damage to the structure is to 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.
4. No mining operation will be located on lands where such operations are
prohibited by law (C.R.S. 34-32-115(4)(f)) ;
•
5. As the applicant/operator, I do not have any mining/prospecting operations in
this 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.
6. 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— —503, C.R.S.
Signed and dated this c- () day of , 93
Applicant/Operator If Corporation Attest (Seal)
By: (--?ArQ /-i By:
Title: Corporate Secretary or Equivalent
Town/City/County Clerk
State :of )
ss
County Hof [,( )
/ I , : ,;.
Theforegoing instrument was ackno edged before me this�uday of , X99,3,
/ Z�
by C A. 1�M_� as � � < . of
Notary Public -
2821F (04/92) My Commission expires: /7-,-,)a /<J�
920259
SLOPE STABILITY ANALYSIS - 100 FOOT SETBACK FROM EXISTING OIL WELL
Introduction
This slope stability analysis addresses soil stability for the 100
foot setback from the oil well. Information was derived from an
analysis of a pipeline in an embankment with identical slopes and
a lake on one side. No specific location of slope failure was
identified therefore, this analysis has taken a general approach to
determine a "worst case" condition.
Design Parameters
For modelling purposes, a cross-section of the slope was taken
during the phase of mining when the area was mined out. Per the
reclamation plan overburden is to be backfilled and sloped 3 : 1 on
the sides of the lake.
A mineral evaluation of a nearby site, performed by Empire
Laboratories, Inc . , provided the . subsurface materials of the
natural soils on the site. Shear strength tests were not performed
on the soil samples, but conservative estimates of the soil
properties were recommended by Neil Sherrod, Senior Engineering
Geologist of Empire Laboratories, Inc . , for this analysis .
Soil Properties used for this analysis are as follows:
Description Design Parameter
Top layer - Silty Sands
Soil Classification SM
Plasticity Index 5
Liquid Limit 20
Plastic Limit 15
Cohesion 0
Internal Angle of Friction 15deg
Layer 2 - Sandy Gravels
Soil Classification GM
Plasticity Index 7
Liquid Limit 29
Plastic Limit 22
Cohesion 0
Internal Angle of Friction 35deg
Layer 3 - Sandstone Bedrock
Solid Impermeable Layer
920759
Design Analysis
The embankment was analyzed using the UTEXAS2 Slope Stability
program developed by the Army Corp of Engineers and the University
of Texas, Department of Civil Engineering. This program performs
the analysis of an earth embankment with custom input parameters to
model the critical parameters and conditions that may occur during
a given condition such as this one. The analysis performed is
based on the conditions listed above.
Methodoloay Used in Analysis
The computer analysis that was run used the Spencer' s procedure
( 1967 ) . The first run performed a circular shear failure search to
find the shear plane with the lowest factor of safety. Because of
the stable nature of the embankment only minor failures on the
surface of the side slope resulted in this analysis . To check
these results another procedure - Simplified Bishop' s procedure
( 1955 ) - was used with different X-Y coordinates. The convergence
of these two procedures supported the stable embankment assumption.
The second approach was to manually search for the center
coordinates and radius with the lowest factor of safety. This
method entailed forcing a failure in the area most likely to have
a major failure then moving the center coordinates slightly and
comparing the factors of safety (FOS ) . This procedure was repeated
until the lowest FOS was determined. The results are shown in the
appendix.
Results and Conclusions of Stability Analysis
The results of the slope stability analysis produced a minimum FOS
of 1 . 5 . This occurred in the forced failure mode analysis. Values
of 1 . 1 to 1 . 3 in the extreme case condition - which this is - would
indicate cause for concern. Under these set of circumstances a FOS
of 1 . 5 is well within the expected range of reasonable values .
To conclude, the probability of a potential failure causing
structural damage to the well is very unlikely to occur. It is
important to note that all material properties used for this
analysis are very conservative and in actuality the FOS will be
higher .
EXHIBIT A
LEGAL DESCRIPTION
A portion of the Southwest Quarter of the Southwest Quarter of
Section 36, Township 6 North, Range 66 West of 6th Principal
Meridian, containing 9.9 acres. County of Weld, State of Colorado.
A-1 920'759
V> \ JJ
EXHIBIT
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VICINITY MAP
TUTTLE APPLEGATE, INC. b"' assei
11990 Cunt Street, fulte 410 II...ar, •eon
Denver,Colorado 90!]] t ���' n
(30])451'6611 O .:1,J
EXHIBIT B
SITE DESCRIPTION
1 . DESCRIPTION OF SOIL AND VEGETATION: Aquolls-Aquents Bankard.
Deep, level and nearly level, poorly drained and somewhat
excessively drained loamy soils and sandy looms formed in
alluvium.
This level and nearly level map unit is on flood plains along
major streams throughout the survey area. It makes up about
5 percent of the total acreage. About 35 percent is Aquolls,
20 percent is Aquents, 20 percent is Bankard soils, and 25
percent is soils of minor extent.
Aquolls and Aquents from an intermingled complex pattern along
the outer limits of the bottom land, of flood plain. Bankard
soils are adjacent to the streams . Aquolls and Aquents are
poorly drained, and Bankard soils are somewhat excessively
drained. Aquolls and Aquents are loamy and have a seasonal
high water table. Bankard soils have a sandy loam surface
layer and sand underlying material.
Minor in this unit are the poorly drained Aquepts and the well
drained Colombo, Haverson, and Nunn soils.
This map unit is used mainly for rangeland and wildlife
habitat. Wetness and the hazard of flooding are the main
limitations for farming and for most other purposes . The
potential is good for development of wetland wildlife habitat.
This map unit also has good potential as a source of sand and
gravel .
The potential native vegetation is dominated by switchgrass,
prairie cordgrass, saltgrass, alkali sacaton, big bluestem,
indiangrass, western wheatgrass, slender wheatgrass, sedge,
and rush.
9n0'59
B-1
2 . PERMANENT MAN-MADE STRUCTURES WITHIN 200 FEET:
36 inch R.C.P. : City of Greeley
Oil Well: Westmoor Resources
3 . Drainage from mine dewatering and stormwater runoff will
outlet into the drainage ditch along the west edge of the
property adjacent to 35th avenue. The Poudre River is 3000
feet north of this site and its floodplain does not reach into
this site. Based on data from nearby properties, we expect
the groundwater to be three to five feet below the surface.
9:30'359
B-2
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PROPERTY OWNERS VICINITY MAP 9`0759
WITHIN 500' TUTTLEAPPIEes11;nNC. a_�
t..dlr lw tr r r.r.nr -.
• 11990 Grant Street,Suns 410 e, 'eatt I
Denver,Colorado B01S7
uIDF
170SI4S1'6611-_ _ w
EXHIBIT C
MINING PLAN
Sand and gravel mined on the Westmoor Site will be used primarily
for asphalt paving. Bestway Paving is the applicant and will be
the operator, the property is owned by Rick Hertzke. Mineral
rights are owned by Westmoor Resources. The entire permit area is
9 . 9 acres. The property is located Southeast of the intersection
of F Street and 35th Avenue on the West side of Greeley, Colorado.
Mining on the property will commence at the West end and progress
toward the East, beginning Spring, 1993 continuing until
approximately 1995 . As the operator reaches the groundwater table,
the pit will be pumped dry and mined with front loaders . The
operation will be completed in 1 phase, taking 2 to 2-1/2 years.
The operator intends to set back a minimum of 200 feet from the
house southeast of the site. The set back from the centerline of
F Street and 35th Avenue will be a minimum of 55 feet. A 100 foot
setback from the oil well will be allowed, refer to the attached
slope stability report.
As can be seen on Exhibit "E" , the property will be mined in one
phase. The processing equipment will include a crushing and a
screening plant with various conveyors to deliver raw materials and
stockpile finished products. A trailer will be located in the
plant site as an office. A maintenance shop will also be located
in the plant site area. The existing North - South road will be
improved for a 25 foot wide haul road to the plant site. Motorized
equipment for the mining operation will include front loaders,
dozers, scrapers, excavators, and haul trucks.
Drinking water on the site for employees will be bottled water.
Sanitation will be provided by portable San-o-let toilets.
Information obtained from borlogs drilled in the vicinity indicate
the sand and gravel vary in thickness from 11 1/2 to 18 1/2 feet
with an average thickness of 14 . 3 feet. The site has overburden
which varies in thickness from 1 to 2 1/2 feet with an average 1
1/2 foot depth. The property is a commercial grade deposit and is
suited for a wide range of construction uses including concrete and
asphalt paving. Groundwater was encountered in the vicinity at a
depth of 3 to 5 feet . The bedrock is weathered clay stone.
The mining will result in creation of a lake to be filled by
groundwater. The total surface area of the lake will be
approximately 7 . 5 acres. Water rights transferred to the property
will be used to augment for evaporation.
C-1 930''59
Projected Water Uses
Water use at the site will include evaporation from exposed
groundwater, water retained in the material removed from the site,
and water used for dust control. The applicant intends to make
replacements to the stream system with water from the Greeley No.
3 Ditch.
The annual evaporation is 42 inches at the subject location. The
precipitation at the mine site is estimated to be the same as that
found at the nearest weather station which is located in Greeley.
The annual mean precipitation is 12 . 68 inches/year.
Effective precipitation was determined in order to compute the net
lake evaporation. Effective precipitation was computed as 70% of
the total precipitation. Effective precipitation was then
subtracted from the gross evaporation to obtain the net
evaporation. The net annual evaporation from a lake surface at the
subject site is 2 . 76 ft ( 33 . 1 inches) .
During the period of mining the only exposed groundwater will be
the water in the dewatering trench with a total area of 0 . 25 acres .
After mining is completed and the lake is allowed to fill then the
lake surface will be approximately 7 . 5 acres.
Consequently the net annual evaporation during mining from 0 . 25
acres of water surface will be 0 . 7 acre-feet. After mining is
completed the net annual evaporation will be 20 . 7 acre-feet.
There will be excavation and sale of material from the property.
It is anticipated that a maximum of 70, 000 tons of material will be
mined and washed from Westmoor Site. A 4% moisture content as
suggested by the State Engineer would equate to 2 . 1 acre-feet per
year.
Water will be withdrawn from the pit which will be used for dust
control on the haul roads and around the stockpile site. It is
estimated the roads and stockpile area will be watered two times
per day on the average using a water truck with spray heads . There
will be approximately 0 . 5 acres watered with the water truck. The
application rate is approximately 1/8 inch.
The average number of days water will be applied to the haul roads
will be 140 per year . This equates to 1 . 5 acre-feet annually.
There will be no washing operation at the site.
•
920759
C-2
The total annual consumptive use for the operation during
mining is projected as follows:
Evaporation 0 . 7 acre-feet
Moisture Retained 2 . 1 acre-feet
in Material
Dust Control 1 .5 acre-feet
Total 4.3 acre-feet
The average annual consumptive use after mining will only include
evaporation from the 7 .5 acre lake. The average annual evaporation
will be 20 . 7 acre-feet.
Augmentation
In order to prevent injury of senior water rights augmentation of
the consumptive use at the site will be required. Westmoor
Resources is concurrently applying to the State Engineer' s Office
for a substitute supply plan
The 40 acre parcel containing the subject mine site has been
historically irrigated with 6 shares of the Greeley Irrigation
Company which owns 5/8 of the direct decrees for the Canal No. 3
(aka: Greeley No. 3 Ditch) .
The owner of the water rights for the property, Rick Hertzke, has
committed 2 shares of the Greeley Irrigation Company for the
purpose of augmentation of the subject operation.
Table No. 2 is a list of the headgate diversions for the 15 year
period of 1976 to 1990 for the Greeley No. 3 Ditch as reported by
the State Engineer ' s Office. The fifteen year average annual
diversion for the subject period is 16 , 568 acre-feet. The average
annual diversion of water by the Greeley Irrigation Company is 5/8
of the total, or 10 , 355 acre-feet . The pro-rated average annual
diversion for the 2 shares equates to 39 . 8 acre-feet.
In addition the Greeley Irrigation Company owns 1 , 377 acre-feet of
storage water in Fossil Creek Reservoir. Therefore an additional
2 . 64 acre-feet per share is also available for stockholders .
In addition to the direct decrees the Greeley Irrigation Company
also owns 1377 acre-feet of water stored in Fossil Creek Reservoir
which is delivered to the stockholders.
Assuming a 50 percent irrigation efficiency the available
replacement water from the 2 shares of the Greeley Irrigation
Company is approximately 22 . 5 acre-feet. Consequently the 2 shares
will be sufficient to offset the depletions during and after mining
is completed.
9?0'59
C-3
Surrounding Water Wells
Attached with this exhibit is a map showing permitted and/or
adjudicated water wells within one half mile of the site. Well
data from the State Engineers ' s Office was used to locate the
surrounding wells. The State Engineer' s Tabulation of the wells is
also attached.
As shown by the well map there are wells in the vicinity of the
mine which could potentially be impacted by the dewatering of the
subject gravel pit. The operator proposes to implement the
following program of mitigation to protect adjacent well owners.
1 . Adjacent well owners will be notified of the proposed mining
operation and permission will be requested to allow the
operator to measure water levels at these wells .
2 . Once mining and dewatering has started, groundwater levels are
expected to drop. If the levels are dropping such that well
owners may be injured, the operator will begin to implement
the following series of measures.
a. Construct recharge ponds at strategic locations to begin
aquifer recharge.
b. Modify existing wells to operate under lower groundwater
conditions . This would include re-drilling existing
wells to deeper depths or lowering the pumps . All work
would be done at the operator' s expense with the
exception of replacing equipment that was non-functional
prior to mining.
c . If existing wells cannot be repaired, then the operator
will drill a new well for the owner to replace the
damaged well. The new well will have to produce water of
the same quantity and quality.
If a well has not been put to beneficial use prior to mining, the
operator should have no responsibility to provide mitigation.
9;2,0^59
C-4
` / `c 'tee,
\ EXHIBIT
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r-bi2 0 ` 1 �r_. 'J• —,a �ool• `cl14ie� \F' 1°'C,I
PERMITTED AND DECREED WATER
WELLS AND WATER RIGHTS
TUTTLE APPLEGATE,+INC. ;�j
C.s1.•e S t..a r liars*liars*tr. ..em Er
o.
`lk 11990 Grant Street, Suite 410
GIs bi
,,,e, yp ��,
Denver,Colorado /0233 (]
in
ran II
Nnrth 1]021451611 a 7.7'
-6
REPORT DATE 01/06/93 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 WO MD DB USE DATE APROP IRR AOFR YIELD DEPTH LEVEL COORDINATES QTRS SC SHIP RANGE M
3153AD 1 62 MALONEY DANIEL R. GREELEY, CO 80631
AD 0 NENE 1 5 N 66 W S
1 62 JOBE C T GREELEY, CO 80634
AP 01/18/84 3 H NENE 1 5 N 66 W 5
13084 R 1 62 MALONEY D R GREELEY, CO 80631
NP 07/30/84 3 D NENE 1 5 N 66 W S
160437 1 62 WARD IRMA V 2331 1ST ST GREELEY, CO 80631 LOT 9 BLK 1 FLG 2 WARD ACRES
NP 05/02/91 3 D OW 1250N,0470E NENE 1 5 N 66 W S
160437 A 1 62 WARD IRMA V 2331 1ST ST GREELEY, CO 80631 LOT 1 BLK 9 FLG 2 WARD ACRES
NP 05/02/91 3 D GW 15.00 35 11 1200N,0460E NENE 1 5 N 66 W S
13084R 1 62 PIRNIE GERTRUDE M & EDWIN C RT 3 BX 439 GREELEY, CO 80631
3 I 250.00 25 6 NENE 1 5 N 66 W S
74786 1 62 BOULTER BERNICE H 8 ROBERT C 2342 C STREET GREELEY, CO 80631
3 0 02/04/52 1.00 15.00 40 0092N,0630E NENE 1 5 N 66 W S
88560 1 62 ALFORD CHARLES LEE 2280 1ST AVE #32 GREELEY, CO 80631
3 D 11/20/50 15.00 20 0980N,0280E NENE 1 5 N 66 W S
91783 1 62 MOORE IRA E. 8 ALICE L. 124 N 23RD AVE CT GREELEY, CO 80631
3 D 07/15/52 10.00 30 1100N,0075E NENE 1 5 N 66 W S
1 62 MILLER MARY L 133 N 23RD AVE GREELEY, CO 80631 LOT 4 BLK 1 WARD ACRES
AP 11/09/92 3 D GW 00145,0033W NENE 1 5 N 66 W S
91222VE 1 62 VILLA WEST MOBILE ESTATES 2700 W C ST GREELEY, CO 80631
AV 06/20/91 3 D OW 0330N,1590E NWNE 1 5 N 66 W S
91223VE 1 62 VILLA WEST MOBILE ESTATES 2700 W C ST GREELEY, CO 80631
AV 06/20/91 3 D GW 0510N,2820W NWNE 1 5 N 66 W S
39147F 1 62 VILLA WEST MOBILE ESTATES 2700 W C ST GREELEY, CO 80631
NP 06/11/91 3 D OW 30.00 28 9 0330N,1590E NWNE 1 S N 66 W S
39148F 1 62 VILLA WEST MOBILE ESTATES 2700 W C ST GREELEY, CO 80631
NP 06/11/91 EP 3 D OW 30.00 28 9 0510N,2820W NWNE 1 5 N 66 W S
48187 1 62 SHUPE & ROBERTS RENTALS BOX 141 EVANS, CO 80620
AB 07/23/91 3 D 08/18/71 15.00 21 6 NWNE 1 5 N 66 W S
48188 1 62 SHUPE 8 ROBERTS RENTALS BOX 141 EVANS, CO 80620 z
AB 07/23/91 3 D 08/18/71 15.00 23 6 NWNE 1 5 N 66 W S
134664 1 62 FLOHR ARTHUR 205 23RD AVE. GREELEY, CO 80631
3 DS 04/05/84 1.00 20.00 27 15 1980N,0660E SENE 1 5 N 66 W S
9077 1 62 WEIDENKELLER VERN E 2529 4TH ST GREELEY, CO 80631 77
3 D 07/07/61 20.00 20 9 SWNE 1 5 N 66 W S
113387 1 62 RADY EDWARD R 8 EDNA M 2836 "C" STR GREELEY, CO 80631
3 DS 04/26/60 1.00 32 2100N,2300E SWNE 1 5 N 66 W S 4
9870 1 62 SCHAFER ADOLPH RT 3 GREELEY, CO 80631
3 D 10/03/61 1.00 123 5 NENW 1 5 N 66 W S `�
14391 1 62 KRAUSE ALVIN 2603 10TH ST GREELEY, CO 80631
3 D 03/12/63 16.00 29 8 NENW 1 5 N 66 W S
15830 1 62 KRAUSE ALVIN 2603 10TH ST GREELEY, CO 80631 6
3 0 06/14/63 3.00 90 8 NENW 1 5 N 66 W S
129954 1 62 KIEFER TERRY 8 JUDITH D 2920 C STREET GREELEY, CO 80631
NP 11/18/83 3 D 03/10/83 1.00 30.00 42 9 0076N,1817W NENW 1 5 N 66 W S 1
35668 1 62 HARSH DONALD D 1500 27TH AVE GREELEY, CO 80631 �J
3 D 10/28/68 - 20.00 20 6 NWNW 1 5 N 66 W S u
97.0759
REPORT DATE 01/06/93 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 IRR AQFR YIELD DEPTH LEVEL COORDINATES QTRS SC SHIP RANGE M
97835 A 1 62 BABCOCK R.W. GREELEY, CO 80631
NP 04/04/78 3 D 03/25/87 GW SENW ;1 5 N 66 W S !"
97835 1 62 BABCOCK RICHARD W. 2835 W. 4TH ST. GREELEY, CO 80631
3 D 12/30/40 1.00 15.00 50 25 2200N,1900W SENW 1 5 N 66 W S la
144638 1 62 RUYLE ANNA B & WAYNE R 1 WIGGINS, CO 80654
3 I 07/15/54 400.00 13 6617 SWNW 1 5 N 66 W S
(44648 1 62 RUYLE ANNA B & WAYNE R 1 WIGGINS, CO 80654
3 I 05/05/35 300.00 37 27 SWNW 1 5 N 66W8II
(14465) 1 62 RUYLE ANNA B & WAYNE R 1 WIGGINS, CO 80654
_-/ 3 I 04/23/46 400.00 41 25 SWNW 1 5 N 66 W 5
9681 1 62 HOUSTON GEORGE 515 23RD AVE GREELEY, CO 80631
3 D 09/08/61 1.00 108 31 NESE 1 5 N 66 W 5
5948 1 62 RAPP EVELYN N & THOMAS A 2601 10TH ST GREELEY, CO 80631
3 D 06/03/60 20.00 56 30 SWSE 1 5 N 66 W S
8990 1 62 KENTON NURSING HOME IN 850 27TH AV GREELEY, CO 80631
3 D 50.00 60 31 SWSE 1 5 N 66 W 5
15284R 1 62 HARP NANCY S & HOWARD GLADYS H 2829 W 10TH ST GREELEY, CO 80631
3 I 80.00 69 SWSE 1 5 N 66 W S
45804 1 62 HODSON C A & THELMA H 2530 7TH ST GREELEY, CO 80631
3 D 06/10/71 SWSE 1 5 N 66 W S
12442R 1 62 KOEHLER W C 2901 10TH ST GREELEY, CO 80631
3 I 300.00 76 55 SESW 1 5 N 66 W S
6065R 1 62 RUYLE ORMAN RT 3 BX 88 GREELEY, CO 80631
3 I 600.00 22 10 NENE r2 5 N 66 W S'
43619 1 62 WEBER DICK 2721 10TH ST GREELEY, CO 80631
3 D 11/12/70 5.00 40 33 SWNE 2 5 N 66 W SI*
154 1 62 RUCKER RAY R 3 GREELEY, CO 80631
NP 08/12/57 3 D 08/14/57 4.00 300 125 SESE 2 5 N 66 W S
920^59
REPORT DATE 01/05/93 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 [RR AOFR YIELD DEPTH LEVEL COORDINATES OTRS SC SHIP RANGE M
118815 A 1 62 DIETERLE H GREELEY, ID 83631
NP 03/05/81 3 D NWNW 35 6 N 66 W S
5846R 1 62 DUVALL HARRY 1831 14TH ST RD GREELEY, CO 80631
3 I 1100.00 49 6 SWNW 35 6 N 66 W S
3597F 1 62 POERTNER OSCAR J. RT. 2 BOX 181-A GREELEY, CO 80631
3 I 05/25/62 5.00 50.00 33 11 1800S,1020E NESE 35 6 N 66 W S Id4
78370 1 62 GREELEY SAND AND GRAVEL N 25TH AVE GREELEY, CO 80631
3 D 03/03/75 1.00 15.00 58 18 2868N,0315E NESE 35 6 N 66 W S 1°
78858 1 62 LARSON WAYNE RT 2 BOX 182 GREELEY, CO 80631
3 D 04/21/75 1.00 15.00 37 17 14185,0120E NESE 35 6 N 66 W S )44'
470AD 1 62 DUVALL HARRY GREELEY, CO 80631
AD I NWSE 35 6 N 66 W S 1
13952R 1 62 PUTNAM THEODORE A 1516 W MTN AV FT COLLINS, CO 80524
3 I 600.00 8 3 SWSE 35 6 N 66 W S 16
12872AD 1 62 BESTWAY PAVING P 0 BOX 3189 GREELEY, CO 80633
AD 08/31/92 3 0 G OW NESW 35 6 N 66 W 5
51654 1 62 ELLIOTT ELMER D. RT 2, BX 181 GREELEY, CO 80631
3 D 08/12/72 1.00 15.00 52 7 1370S,0150W NWSW 35 6 N 66 W S
105597 1 62 EVANS LAVERNE 2638 12TH AVE GREELEY, CO 80631
NP 03/20/79 SA 09/03/80 3 DS 02/12/79 1.00 25.00 30 9 1345S,1310W NWSW 35 6 N 66 W S
9-a0`?59
REPORT DATE 01/05/93 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 AOFR YIELD DEPTH LEVEL COORDINATES OTRS SC SHIP RANGE M
1 62 FLATIRON PAVING C/0 BOX 21588 DENVER, CO 80221 GRAVEL PIT
AP 07/13/90 AR 02/13/92 3 0 G GW 36 6 N 66 W S
12261F 1 62 FLATIRON PAVING COMPANY P 0 BOX 1304 GREELEY, CO 80631
2 N 08/20/67 150.00 61 10 SWNW 36 6 N 66 W S
13951R 1 62 PULLIAM CHARLES R F D GREELEY, CO 80631
3 I 700.00 39 8 NWSE 36 6 N 66 W 5Z0
14514R 1 62 ECHO FARMS INC RT 3 BX 55 GREELEY, CO 80631
3 I 400.00 42 6 NWSE 36 6 N 66 W S LI
14515R 1 62 ECHO FARMS INC RT 3 BX 55 GREELEY, CO 80631
3 I 500.00 42 6 NWSE 36 6 N 66 W S
34280 1 62 ANDRE MARY 2500 F ST GREELEY, CO 80631
3 D 06/21/68 50.00 20 10 NWSE 36 6 N 66 W S
2-1
39822 1 62 OCHOA JOHN 2711 W F ST GREELEY, CO 80631
3 D 11/25/69 20.00 23 4 NWSE 36 6 N 66 W SZ3
40672 1 62 HARMER NEIL & DOROTHY 2603 10TH ST GREELEY, CO 80631
3 D 04/01/70 50.00 21 6 NWSE 36 6 N 66 W S u{'
122097 1 62 THISSER TIM 2701 F ST. GREELEY, CO 80631
3 D 09/30/83 1.00 15.00 40 12 18005,1900E NWSE 36 6 N 66 W S Z5
59147 1 62 ANDREWS ELMER 2434 C ST NORTH WEST GREELEY, CO 80361
EP 3 D SESE 36 6 N 66 W S
120967 A 1 62 GUTIERREZ E R GREELEY, CO 80631
NP 07/08/81 3 D SESE 36 6 N 66 W 5
152599 1 62 CUNNINGHAM LLOYD RT 1 BOX 2088 CALLAHAN, CO 80808
NP 08/29/88 3 GW 12755,0900E SESE 36 6 N 66 W S
12280R 1 62 STEADMAN M A MRS & VERN V RT 3 8X 45A GREELEY, CO 80631
3 I 250.00 45 10 SESE 36 6 N 66 W 5
19932 1 62 MEEK HAZEL RT 3 BOX 45 1/2 GREELEY, CO 80631
3 D 05/26/64 20.00 25 9 SESE 36 6 N 66 W S
72854 1 62 WIEDERSPAHN RUBEN 2339 C ST NW GREELEY, CO 80631
3 DS 12/19/73 25.00 65 17 10205,0480E SESE 36 6 N 66 W S
141640 1 62 JEFFRES MIKE R. & SUSAN L. 2409 WEST C STREET GREELEY, CO 80631
3 D 10/23/75 15.00 22 00665,0700E SESE 36 6 N 66 W S
34280 A 1 62 ANDREE MARY 2500 F ST GREELEY, CO 80631
NP 03/31/89 3 D GW 35.00 40 11 12005,1350E SWSE 36 6 N 66 W S '
25555 1 62 ARMBRUSTER HAROLD RT 3 BOX 47 GREELEY, CO 80631
3 D 10/14/65 24.00 24 7 SWSE 36 6 N 66 W 5
111958 1 62 ERICKSON C E GREELEY, CO 80632 ,�
NP 10/18/79 3 C NWSW 36 6 N 66 W 526
132400 1 62 RAMSEIER MARJORIE 2819 4TH ST. GREELEY, CO 80631
3 D 11/07/83 30.00 25 6 00605,2480W SESW 36 6 N 66 W SZO
9;'0^59
WATER DISTRICT 3 — 5n66W1_2
Rabe! AD3 DATE AMID DATE COURT NO DECREED AMT TYPE USES COMMENTS
ABBOTT WELL 2(10:5487) EROONDWATER,NW NE SEC 1, T5N, R66N
30214.00000 12/31/1972 09/21/1932 N 5776 0.1110 CFS 1 1 814022 30
ABBOTT WELL 1.(10:5497) GROUNDWATER NW NE SEC 1, T5W, R66W
30315.00000 12/31/1972 12/31/1932 N 5776 0.0440 CFS 1 8 9140,.2
RUYLE WELL 2-1.4464(10:5632) GROUNDWATER.SN NW SEC 1, T5N, R66N
31170.00000 12/31/1972 05/05/1935 N 3223 0.6660 CFS 1 1 812943
RUYLE WELL 3-14465(18:6146) GROUNDWATER SW NN SEC 1, I5N, R66N I I
35176.00000 12/31/1972 04/23/1946 N 3223 0.880 CFS 1 1 812943
RUYLE WELL 1.--14463(1D:6647) GROUNDWATER SW NW SEC 1, T5N, R66W •
38181.00000 12/31/1972 07/15/1954 W 3223 0.880 CFS I 1 912932
BROOKS WELL. 2-48•1.88(ID:7437) GROUNDWATER NW NE SEC 1, 15N, R66W
44424.00000 12/31/1972 08/18/1971 N 4767 0.0666 CFS 1 8 806707 3)
BROOKS WELL 1-4E187(ID=7438) GROUNDWATER NW NE SEC 1, TM R66$
44424.00000 12/31/1972 08/18/1971 N 4767 0.066E CFS 1 8 806707'
BESTWAY PAVING AUG(I8-3342) CACHE LA ?OUO E RIV NW SEC 2, 15N, 866W
46644.00000 12/31/1977 09/15/1977 N 8640 0.0000 CFS 2 A 819901 80YD LAKE 6 LOVELAND LAKE FE
/01/11./93
•
920^S9
WATER 'STRICT 3 — rights in 6r1,6r_',' - sec 35 and 36
Ad!inNtieber AD DATE A?PRO DATE COURT NO DECREED AMT TYPE USES COMMENTS
COWAN WELL. $E'•r6igID-5262) GROUNDWATER SE SE SEC 35, 16W, R66W 3Z
48212.38485 12/31/1982 05/15/1955 82CW240 2.2200 CFS 2 1 930205
LARS0N WELL. I(10:6798) GROUNDWATER NE SE SEC 35, 16N, R66N 1{P
38711.00000 12/31/1972 12/27/1955 W 6583 0.0200 CFS 1 1 814133
PUTNAM WELL 1-13952(10:6930) 6ROUN0WETER, SW SE SEC 35, 16N, 866W 1 0
39566.00000 12/31/1972 04/30/1958 W 5350 1.1100 CFS 1 1 809871
LARSON WELL 2(10:6992) GROUNDWATER NE SE SEC 35, 16N, 8664 /(v
40358.00000 12/31/1972 06/30/1960 N 6583 0.0400 CFS 1 18 814133
POE:RTNER WELL. 1-3597-F(18:7061) GROUNDWATER NE SE SEC 35, T6N, 866W 14
41045.00000 12/31/1972 05/18/1962 W 4715 0.1100 CFS 18 19 807369
FLATIRON PAV W 19-14515(I0:5329) GROUNDWATER SW NE SEC 36, T6N, R66W
26813.00000 12131/1972 05/31/1923 W 3477 0.2930 CFS 1 4 015140
FLATIRON PAV W 20-1451.4(10:5330) GROUNDWATER SW NE SEC 36, 16N, 866W
2681.3.00000 12/31/1972 05/31/1923 W 3477 0.3440 CFS 1 1 815140. `
PANE EY WELL 1.-122B0(ID=6172) GROUNDWATER SE SE SEC 36, 1611, 866W
35270 00000 19/71/1971 07/26/1946 W 1373 0.5500 CFS 1 1 801870
WOLF. WELL 9(10:6272) GROUNDWATER SE SE SEC 36, 16N, 866W
35965.00000 12/31/1972.06/20/1948 W 5122 0 ow CFS 1 8 807497
WIEDERSPAHN WELL 1.(10:6748) GROUNDWATER SE SE SEC 36, T6N, 866W
3P.591 moon 12/31/1972 06./23/1955 N 3997 1.3300 CFS 1 1 807746
WOL.F WELL 1 (10:6936) GROUNDWATER SE SE SEC 36, TO, 866W
39o.19Rn11nCi '2/31/197'_2 0,/20/1958 W 5122 0.0890 CFS 1 1 807497
SHORT MILNE WELL L-12(ID:6996) GROUNDWATER SE NE SEC 36, TO, R66N
40389.00000 12/31/1972 07!31/1960 W 3476 1.5600 CFS 18 0 904462 NON CONSURPTIVE-DRAINAGE MADE AP.S 03-03-80 ASP 0020771
ANI)RE:W`> WELL 1(10:7028) GROUNDWATER SE SE SEC 36, TO, 866W
40708.00000 12/31/1972 06/15/1%1 N 2710 0.1100 CF5 1 1 803804
FLATIRON PAV WEL..L. 21(10:70`2) GROUNDWATER NE SW SEC 36, 16N, R66N 3L}- •
41003.00000 12/31/1972 04/06/1962 N 3.477 0.9900 CFS 1 1 815140
•
FLATIRON PAV WELL. 22(10:7053) GROUNDWATER SW SW SEC 36, 16N, 866W
41003.00000 17/31/1972 04/46/1962 N 3477 0.6770 CFS. 1 1 815140
FLATIRON RN,/ WELL 234D:7054) GROUNDWATER SE SW SEC 36, T6N, 866V �✓lv
41003.00000 12/31/1972 04/06/1962 N 3477 0.0330 CFS 1 9 P15140
SHORT MI1_NE W-1.€,-12261F(ID=7328) GROUNDWATER SE NE SEC 36, 16N, #66W
43006.00000 12/31/1972 09/30/1967 N 33476 0.3300 CFS 1 3 909462
FLATIRON PAY SUMP L-13(ID=7333) GROUNDWATER NE NW SEC 36, 16W, 866W.
43099.00000 12/31/1972 01/01/1968 N 3477 9.2600 CFS 1 0 815140
C+] /1 ] /•:14.3 92'Q 59
During mining, there will be several stockpiles of topsoil near the
plant site. A berm will be created around the perimeter of the
mine area to screen the mining operation.
The sequence of mining is as follows :
1 . The mine site topsoil will be stockpiled and overburden
will be pushed to the south edge to create a berm around
the property as shown.
2 . The plant site and haul road will then be constructed.
Topsoil will be stockpiled for later reclamation.
3 . The dewatering ditch on the perimeter of the mining phase
will be constructed. Groundwater leaking into the dry
pit will be directed toward the dewatering pump.
4 . Sand and gravel will be extracted and transported to the
plant site for processing. 1 : 1 side slopes will be
created in the mined area.
5 . Processed material will be stockpiled as finished product
and then hauled off the site.
Site disturbance associated with the mining is classified as
follows :
Major Disturbance
Mining & Berms 8 acres
Moderate Disturbance
Plant Site and Product Stockpiles 1 . 8 acres
Haul Road 0 . 1 acres
TOTAL DISTURBED ACREAGE 9.9 ACRES
970''59
C-5
EXHIBIT D
RECLAMATION PLAN
The final reclamation of the Westmoor Resources Site will be a lake
for adjoining residential development.
The reclamation sequence for the property will be as follows:
1 . Knock down berm on Southwest perimeter and use material
to establish 3 : 1 slopes around the lake and shape the
shoreline.
2 . Spread topsoil around the lake and down to the waterline.
3 . Rip soil in plant site area to break up compaction.
Spread stockpiled topsoil over the entire area.
4 . Drill seed disturbed area during fall or early spring.
Spread and crimp straw mulch over the surface.
5 . Reseed grasses where necessary during fall .
There is potential for all 9 . 9 acres of the permit area to be
exposed. If an operator default occurs the dewatering pumps will
be turned off and the pit will fill with groundwater. Therefore,
any disturbed ground below the final lake elevation is not included
in the cost estimate.
The proposed post-mining land use is compatible with surrounding
land uses . Historically the area is zoned for agriculture, but now
has many gravel operations and residential subdivisions .
The proposed reclamation plan meets the requirements of Rule 6 in
the MLRD regulations as follows;
Grading
Grading will be done to provide stabilized shorelines around the
lakes . All backfilling will be done with native overburden and
topsoil . There are no known toxic materials in the proposed
backfill and as such will not cause groundwater contamination.
The grading will be done to control erosion. Final grading and
reseeding will be done as soon as possible after grading and
topsoiling have been done.
No acid forming materials , refuse, or toxic producing materials are
known to exist in the area and will not be used for reclamation.
Any materials of this nature found during the mining operation will
be disposed of according to applicable laws .
920^-e..)9
D-1
There are no drill or auger holes associated with this mining
operation.
All final slopes created by the mining operation will be no greater
than 3H: 1V. There will be no swimming beaches created by this
reclamation plan.
Water
Disturbance of the area will be done to minimize the effect on the
prevailing hydrologic balance as follows:
a) The operator shall comply with all applicable Colorado
water laws.
b) The operator shall comply with all applicable Federal and
State water quality laws and regulations .
c ) The operator shall comply with all Federal and State
requirements for dredge and fill. There are no
anticipated requirements for this type of activity.
Wildlife
The proposed reclamation plan does not propose to create wildlife
habitat. There are no known endangered species in the area. All
activities will be planned considering the safety and protection of
wildlife on the property. Some species may be temporarily
displaced by the mining activities . They are expected to re-
establish with no difficulty after mining and reclamation has been
completed.
ToDsoilinq
All topsoil in each phase will be stripped prior to mining and
stockpiled. Stockpiles which remain in place longer than one
growing season will be seeded with a fast growing cover to minimize
erosion. Handling of topsoil will be minimized by efficient
sequencing of mining and reclamation through phases.
After mining is complete, overburden will be spread to a minimum
depth of nine ( 9 ) inches and existing topsoil will be replaced
(approximately six ( 6 ) inches ) .
Revegetation
The reclamation plan will revegetate all disturbed areas with
appropriate seed mixes to minimize erosion and re-establish natural
cover. Reseeding of the property will be done after topsoil is
replaced in accordance with accepted planting practices .
90''49
D-2
Grass seed will be planted by broadcasting or with a grass drill
equipped with depth bands and press wheels . Seeds will be planted
approximately one quarter to one-half inch deep and will be
broadcast or drilled between October 1st and April 30th. The grass
seed mix includes drought resistant varieties and will be planted
either in early spring or fall to insure germination.
Suggested seed rate mixes and ratios are listed on the table
immediately following this discussion. This information was
provided by the SCS. A copy of the letter from the Soil
Conservation Service is attached.
If a significant invasion of noxious weeds occurs, the area will be
mowed periodically for control. Weeds will be mowed when they
reach a height of 6 to 12 inches throughout the first growing
season. Mechanical control will be used as a first priority.
Chemical methods will only be used if no other alternative produces
acceptable results.
The property is not forested and will not require fire lanes. A
minimum 25 foot setback will be maintained around the permit
boundary which will allow access.
9 0''a3
D-3
UNIT TOTAL
NO. ITEM OUANTITY UNITS PRICE PRICE
1 . Distribute overburden
from berms to create
3 : 1 shorelines. 4500 CY $ 1 . 00 $ 4 , 500 . 00
2 . Replace topsoil above
water line 2000 CY $ 1 . 00 $ 2 , 000 . 00
3 . Seed, mulch perimeter 1 AC $500 . 00 $ 500 . 00
4 . Rip plant site 1 . 8 AC $725 . 00 $ 1 , 305 . 00
5 . Replace overburden and
topsoil , plant site 3000 CY $ 1 . 00 $ 3 , 000 . 00
6 . Seed, mulch, plant site 1 . 8 AC $500 . 00 $ 900 . 00
7 . Reseed 25% of areas . 7 AC $500 . 00 $ 350 . 00
Subtotal $12 , 555 . 00
Administrative Fee ( 15 . 8% ) $ 1 , 983 . 69
TOTAL $14, 538.69
Reclamation Bond $14 , 600 . 00
Bonded Cost per acre $ 1, 475 . 00
The haul road is the access to the existing oil well and must
remain.
920759
„ eaaa===saes======e==a "saxe=s=====______=====s======e.
as WEST GREELEY SOIL CONSERVATION DISTRICT
4302 WEST 9TH STREET ROAD
GREELEY, COLORADO 80634
(303) 356-6506
March 18, 1992
Ms Pamela Acre
Tuttle Applegate, Inc. RECEIVE
11990 Grant Street, #410
Denver, CO 80233 MAR 1 91992
SUBJECT: Site Review of Proposed Gravel Pit
Dear Ms. Acre,
I have made a visit to the site and discussed my observations with USDA
soil Conservation Service staff. We have the following recommendations
about the proposed expansion:
Before mining begins the top 8-12 inches of soil should be removed and
stockpiled for use in reclaiming the area. If the stockpile is to exist
for more than one year it should be seeded to a cover crop to reduce wind
erosion and prevent weed infestation.
During reclamation all contours should be reshaped to maintain existing
drainage patterns as much as possible. slopes should be 4/1 or less.
After reseeding, the area should be mulched with 3000-4000 lbs/acre of weed
free native grass hay. This mulch should be crimped into place to a depth
of 3-4". Seeding and crimping should be done on the contour. These
practices will help reduce erosion while the grass is germinating.
Finally, a thorough site review for cultural resources should be completed
before mining begins.
Enclosed you will find a site specific seeding recommendation which
complies with USDA SCS standards and specifications for critical area
treatments. Shrub and tree species appropriate for the site might be;
Winterfat, Snowberry, Native Plum, Sandcherry, Willow, Cottonwood,
Hackberry and Honey Locust. If I can be of any further assistance please
contact me at 356-6506.
sincerely,ciTh(As
Dwayne nwman
Resource Conservationist
Encl:CO-ECS-5
cc:SCD File
•
9:.':0''59
C - LOTUS) PRODUCER: Tuttle A;`pIes,,`. r'
RATE CiLCULAPLANNER: ( !�•; .,-,
DATE: 3, /9'2
.1 1 : SEEDING PLANNED CONTRACT OR AGREEMENT #:none- _ --- - -
.,i,ldNa. R=.--=_---==---- _ _ MLRA: G67
Acres: 1 . 0 Irrigated:
CIN No. : Dryland: ***
act . No. : 550 Range Site:
Ft. Name: Range Seeding
,dbed Prep. Seeding Operation:
Method- Dates: Nov. 1 - Apr.30
Dates Method-- Drill- ***
. .n-tilled- Interseed-
r, Seedbed--***
Broadcast
Stubble- *** Drill Type- Grass
:nter seed- Drill Spacing- 6-12"
Oth€r- Planting depth- 1/A-1/2"
•tilizer : Soil Test Weed Control :
�el...tnda act:ual. per acre (avail. )
Dates: Late May - June
Nitrogen: as needed
Mowing- ***
Chemical- ii-s
'otassium: as needed Type and Amount-
Kind- Native grass hay
Amount- 3 010 - 4000 ( l bs s )
:Applied- spread
Anchored-crimped
:liar depth- 3 - 4 inches (7)
(3) (4) (5) !:a) TOTAL PLE
:r,tNT PLANNED:
( 1 ) ('7') PLS/ACRE % OF PLS RATE PLANNED REQUIRED
VARIETY SPECIES 3 100% MIXTURE PER ACRE -ACRES._. FOR r'1
SEEDi1
i ba Western Whtor .. 1
er Sideo,_:ts Grama. 9. 0 10 0.90 1 .63 0.9
4.5 15 0.68 1 . 0 0.7
talk Alkali E, .cato.-,r 1 . 5 15 0. ' 3 1 .0 0. 2
rnon Gr . NecdieYr��as- 1.0.6 15150 _ ___ _0 .5
- -
100 10. 50 10. 5
MARKS: ..hove rates a.re for drilled seeding. If broadca::.t , double
tr,t shown in column five (5) .
seed mixture is pre-blended, calibrate drill based o11 required
`,=ding rate for the dominant species in the mix.
ter, shown are per acre.
9 0"' .
EXHIBIT F
The following permits will be obtained for this project:
CDPS
APEN
Well Permit and Augmentation
County Special Use Permit
F-1 920-'59
Agreement to Mine Sand and Gravel and
Ingress and Egress thereto
This agreement made and entered into this 2Oth day of January, 1993, by and
between Bestway Paving Co. , hereinafter referred to as "Bestway" , Westmoor
Resources, a sole proprietorship, Lawrence H. Hertzke, Owner, hereinafter
referred to as "Westmoor" , and Rick D. Hertzke, Individually, hereinafter
referred to as "Hertzke"
RECITALS
WHEREAS Hertzke, the surface owner of record, of a piece of land located
in the SW* of the SW* of Section thirty-six (36), Township Six (6) North, Range
Sixty-six (66) West of the 6th P.M. , Weld County, Colorado, recorded at Book
1360, Reception No. 02312749, Weld County, Colorado, also known as the Ketler
Farm, further known as 3029 C Street, Greeley, Colorado, and;
WHEREAS Westmoor, the Mineral owner of record, by virtue of a Quit Claim
Deed conveying minerals recorded at Book 1360, Reception No. 02312750, Weld
County, Colorado, having the same legal description as the abovementioned land,
and a title opinion rendered by United Title of Greeley on January 14, 1993, and;
WHEREAS Bestway, a Sand and Gravel Mining Company, wishing to mine sand and
gravel from the abovedescribed land, having previously entered into an agreement
with Westmoor, and Hertzke, dated December 21 , 1992, for that specific purpose;
NOW, THEREFORE, for and in consideration of the sum of one dollar, ($1.00)
and other good and valuable consideration, the receipt and adequacy of which are
hereby acknowledged, Hertzke, Westmoor and Bestway agree as follows:
WESTMOOR shall allow Bestway to Mine, extract, remove, or otherwise produce
all sand and gravel minerals located on the abovedescribed property, withstanding
an existing oil and gas lease of record, and a reservation of production from
said oil and gas lease of record, of which Bestway shall have no claim.
HERTZKE shall grant the right of ingress and egress to and from the
proposed mining site along an existing road currently located on the land. Said
road is currently being used in the production of an existing oil well being
produced by Tiger Oil . Said ingress and egress shall be for a the time necessary
to mine said land, as per the December 21 , 1992 Agreement, and in no way
constitutes a perpetual easement. Hertzke further grants unto Bestway an
additional site of approximately 2 acres, at no expense to Bestway, located as
per the mining plat map, a part of the State of Colorado Mining Permit
Application.
BESTWAY shall mine the sand and gravel in a good faith effort as per
conditions and covenants set forth in an agreement dated December 21 , 1992
between Bestway and Westmoor, and any subsequent agreements hereinafter bargained
for, pertaining to the abovedescribed land, between Bestway and Westmoor, during
their working relationship.
THIS AGREEMENT shall be binding and inure to the benefit of the parties
hereto, their heirs, successors, and assigns.
IN WITNESS HEREOF, the parties hereto do set their hand and seal to
multiple copies on this 20th day of January , 19 93 .
Rick D. Hertzke
IL-4-1(T
rC IS/• [
Rick D. Hertzke ndividually)
Westmoor Resources
wrence H. Hertzke ner)
Bestway Paving Co.
1-�
Gafry Hill/ (Owner)
Form No.1342(CO-87)
EXHIBIT G
UNITED TITLE OF GREELEY
INFORMATION
• •
WNYIYII11Y1MMMWYIY .\•�1\
The Title Insurance Commitment is a legal contract between you and the company.It is issued
to show the basis on which we will issue a Title Insurance Policy to you.The Policy will insure you
against certain risks to the land title, subject to the limitations shown in the Policy.
The Company will give you a sample of the Policy form, if you ask.
The Commitment is based on the land title as of the Commitment Date.Any changes in the
land title or the transaction may affect the Commitment and the Policy.
The Commitment is subject to its Requirements, Exceptions and Conditions.
THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE COMMITMENT.
TABLE OF CONTENTS
Page
AGREEMENT TO ISSUE POLICY 1
SCHEDULE A
1. Commitment Date 2
2. Policies to be Issued,Amounts and Proposed Insureds 2
3. Interest in the Land and Owner 2
4. Description of the Land 2
SCHEDULE B-1 —Requirements 3
SCHEDULE B-2— Exceptions 4
CONDITIONS other side 1
YOU SHOULD READ THE COMMITMENT VERY CAREFULLY.
•
If you have any questions about the Commitment,please contact the Issuing office.
9307'59
1100 10TH STREET £102, GREELEY, CO 80631 (303) Jbb-3LUU ULNVLK bD7-1/UU
EXAM:, Susan May
TYPIST: Shonna
STANDARD
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
Commitment Number U6962-C2
1. Effective date: November 18, 1992 at 7:45 a.m.
2. Policy or policies to be issued: Amount Premium
( Form 1987 )
(A) Owner's Policy- Proposed Insured: $73,500.00 $417.00
RICK D. HERTZKE
(B) Loan Policy - Proposed Insured: $25,000.00 $40.00
FIRST NATIONAL BANK OF GREELEY (Parcel II)
(C) Loan Policy - Proposed Insured: $50,000.00 $40.00
WILLIAM L. KETLER, PHYLLIS KETLER GARDNER AND PATRICIA PRICE
(Parcel III) $10.00
TAX CERTIFICATE/HOLD
TOTAL $507.00
3. The FEE SIMPLE interest in the land described in this commitment is owned
at the date of the Commitment Date by:
PHYLLIS KETLER GARDNER, WILLIAM L. KETLER AND PATRICIA PRICE
4. The land referred to in this commitment is described as follows:
See Schedule C attached hereto and by this reference incorporated
herein
PURPORTED ADDRESS: Not Available
Issued on: November 27, 1992
920759
Commitment Number 06962-C2
SCHEDULE B - SECTION 1
Requirements
The following requirements must be met:
(a) Pay the agreed amounts for the interest in the land and/or for the
mortgage to be insured.
(b) Pay us the premiums, fees and charges for the policy.
(c) Obtain a certificate of taxes due from the county treasurer or the
county treasurer's authorized agent.
(d) The following documents satisfactory to us must be signed, delivered
and recorded:
i. Warranty Deed sufficient to convey the fee simple estate or interest in
the land described or referred to herein, to the Proposed Insured,
Schedule A, Item 2A.
2. Deed of Trust sufficient to encumber the fee simple estate or interest in
the land described or referred to herein for the benefit of the proposed
insured, Schedule A, Item 2(B) .
920?53
SCHEDULE B - SECTION 2 •
Exceptions
Any policy we issue will have the following exceptions unless they are taken
care of to our satisfaction.
PART Ia
1. Taxes and Assessments, not certified to the Treasurer's Office.
2. Any facts, rights, interests, or claims which are not shown by the public
records, but which could be ascertained by an inspection of said land or
by making inquiry of persons in possession thereof.
3. Easements, or claims of easements, not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area,
encroachments or any other facts which a correct survey would disclose,
and which are not shown by public records.
5. Any lien, or right to lien, for services, labor or material heretofore or
hereafter furnished, imposed by law and not shown by the public records.
PART Ib
1. Taxes for the current year, including all taxes now or heretofore
assessed, due or payable.
2. Rights of Way for County Roads 30 feet on either side of section and
township lines, as established by the Board of County Commissioners for
Weld County, recorded October 14, 1889 in Book 86 at Page 273.
3. Any assessment or lien of GREELEY IRRIGATION COMPANY, THE SMISSAERT &
QUERY DRAIN AND IRRIGATION DITCH AND THE BROWN DRAIN DITCH COMPANY, as
disclosed by instrument recorded July 31, 1979 in Book 876 at Reception
No. 1798412.
4. An Oil and Gas Lease, from CLIFFORD R. HAM AND LAURA HAM as Lessor(s) to
H.L. WILLETT as Lessee(s) for a primary term of 5 years, dated January
14, 1977, recorded February 8, 1977 in Book 789 at Reception No. 1710876,
and any and all assignments thereof or interests therein.
5. An easement for Drainage & Construction and incidental purposes granted
to CITY OF GREELEY by the instrument recorded August 22, 1977 in Book 806
at Reception No. 1728023.
6. An undivided all interest in all oil, gas and other minerals conveyed to
PHYLLIS A. GARDNER, an undivided 1/3, WILLIAM L. KETLER, an undivided 1/3
and PATRICIA PRICE, an undivided 1/3 by Mineral Deed, recorded May 2,
1983 in Book 995 at Reception No. 1925353, and any and all assignments
thereof or interests therein.
7. An Oil and Gas Lease, from PHYLLIS A. GARDNER AND WILLIAM L. KETLER AND
PATRICIA PRICE as Lessor(s) to TIGER OIL, INC. as Lessee(s) for a primary
Continued on page 2
9?'0?59
term of 180 days, dated February 9, 1984 in Book 1022 at Reception No.
1957856, and any 9 all assignments thereof or iterests therein.
8. Terms, conditions, provisions, agreements and obligations specified under
the Agreement by and between GILBERT R. PFEIER; TIGER OIL, INC. , DEAN A.
SEEWALD d/b/a SEEWALD INVESTMENTS and PHYLLIS - A. GARDNER AND KENNETH
GARDNER, PATRICIA PRICE, WILLIAM L. KETLER AND MARJORIE B. KETLER
recorded December 27, 1984 in Book 1053 at Reception No. 1993222.
9. An easement for Right of Way and incidental purposes granted to CITY OF
GREELEY by the instrument recorded August 1, 1975 in Book 744 at
Recpetion No. 1666201.
10. An easement for Right of Way and incidental purposes granted to CITY OF
GREELEY by the instrument recorded August 1, 1975 in Book 744 at
Reception No. 1666204.
• 920759
•
• SCHEDULE C
The land referred to in Schedule A is situated in the State of Colorado, County of Weld
and is described as follows:
PARCEL I
The Southwest Quarter of the Southwest Quarter (SW1/4SW1/4) of Section
Thirty-six (36) , Township Six (6) North, Range Sixty-six (66) West of
6th Principal Meridian saving and excepting therefrom a right-a-way
for conducting waste water along the East side thereof for the use of
the owners of the East Half of the Northwest Quarter of the Northwest
Quarter (E1/2NW1/4NW1/4) of Section One (1) , Township Five (5) North,
Range Sixty-six (66) West of the 6th Principal Meridian,
•
County of Weld, State of Colorado
TOGETHER with any personal property including, but not limited to,
water rights.
PARCEL II
The Southwest Quarter of the Southwest Quarter (SW1/4SW1/4) of Section
Thirty-six (36) , Township Six (6) North, Range Sixty-six (66) West of
6th Principal Meridian saving and excepting therefrom a right-a-way
for conducting waste water along the East side thereof for the use of
the owners of the East Half of the Northwest Quarter of the Northwest
Quarter (E1/2NW1/4NW1/4) of Section One (1) , Township Five (5) North,
Range Sixty-six (66) West of the 6th Principal Meridian,
County of Weld, State of Colorado
TOGETHER with any personal property including, but not limited to,
water rights.
EXCEPT THAT PORTION as described as follows:
The South 300 Feet of the East 150 Feet of the Southwest Quarter of the Southwest
Quarter (SW1/4SW1/4) of Section 36, Township 6 North, Range 66 West of the 6th P.M. ,
Weld County, Colorado; being more particularly described as follows:
Beginning at the Southeast Corner (SE Cor) of the Southwest Quarter of the
Southwest Quarter (SW1/4 SW1/4) and considering the South Line of the Southwest
Quarter of the Southwest Quarter (SW1/4 SW1/4) as bearing North 90°00'00" West and
with all other bearings contained herein relative thereto; Thence North
90°00'00" West along the South Line of the Southwest Quarter of the Southwest
Quarter (SW1/4 SW1/4) 150.00 Feet; Thence North 0°03'23" East, 300.00 Feet; Thence
North 90°00'00" East, 150.00 Feet to a point on the East Line of the Southwest
Quarter of the Southwest Quarter (SW1/4 SW1/4) of said Section 36; Thence South
0°03'23" West along the East Line of the Southwest Quarter of the Southwest
Quarter (SW1/4 SW1/4) of Section 36, 300 Feet to the point of beginning.
County of Weld,
State of Colorado. 2
94,0 .59
SCHEDULE C
The land referred to in Schedule A is situated in the State of Colorado, County of Weld
and is described as follows:
PARCEL III
The South 300 Feet of the East 150 Feet of the Southwest Quarter of the Southwest
Quarter (SW1/4SW1/4) of Section 36, Township 6 North, Range 66 West of the 6th P.M. ,
Weld County, Colorado; being more particularly described as follows:
Beginning at the Southeast Corner (SE Cor) of the Southwest Quarter of the
Southwest Quarter (SW1/4 SW1/4) and considering the South Line of the Southwest
Quarter of the Southwest Quarter (SW1/4 SW1/4) as bearing North 90°00'00" West and
with all other bearings contained herein relative thereto; Thence North
90°00'00" West along the South Line of the Southwest Quarter of the Southwest
,Quarter (SW1/4 SW1/4) 150.00 Feet; Thence North 0°03'23" East, 300.00 Feet; Thence
North 90°00'00" East, 150.00 Feet to a point on the East Line of the Southwest
Quarter of the Southwest Quarter (SW1/4 SW1/4) of said Section 36; Thence South
0°03'23" West along the East Line of the Southwest Quarter of the Southwest
Quarter (SW1/4 SW1/4) of Section 36, 300 Feet to the point of beginning.
County of Weld,
State of Colorado.
Form No.1342 tcu-nil
_r 1
UNITED TITLE OF GREELEY
INFORMATION
•
� 1\• arw
The Title Insurance Commitment is a legal contract between you and the company.It is issued
to show the basis on which we will issue a Title Insurance Policy to you.The Policy will insure you
against certain risks to the land title,subject to the limitations shown in the Policy.
The Company will give you a sample of the Policy form, if you ask
The Commitment is based on the land title as of the Commitment Date.Any changes in the
land title or the transaction may affect the Commitment and the Policy.
The Commitment is subject to its Requirements, Exceptions and Conditions.
THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE COMMITMENT.
TABLE OF CONTENTS
Page
AGREEMENT TO ISSUE POLICY 1
SCHEDULE A
1. Commitment Date 2
2. Policies to be Issued, Amounts and Proposed Insureds 2
3. Interest in the Land and Owner 2
4. Description of the Land 2
SCHEDULE B-1 — Requirements 3
SCHEDULE B-2 — Exceptions 4
CONDITIONS other side 1
YOU SHOULD READ THE COMMITMENT VERY CAREFULLY.If you have any questions about the Commitment,please contact the issuing office.92r P59 J
• - E 1360 : ?E'EC 02312749 32/01 /92 16 :44 $10 . 00 1/002
AR2312?49 F 2084 +RY ANN F1tUFRSTEJN CLERIC tECORDER WELD CO, CO
WARRANTY DEED
TIi1S DEED, Made this 27TH day of NOVEMBER, 1992 between
PIIYLLIS KETLER GARDNER and WILLIAM L. KETLER and PATRICIA
PRICE
of the County of/and State of NEBRASKA, grantor, and •
RICK D. IIERTZKt; STATE •
DOCVMEENTARY FEE ,
whose legal address is 3835 WEST 10TH STREET SUITE 200D,GREELEY, Date / ":27 ' /72"---
COLORADO 80634 `�s
of the County of WELD and State of COLORADO,grantee: $
WITNESSETH, That the grantor, for and in consideration of the sum of SEVENTY-TIIREE THOUSAND FIVE HUNDRED AND
00/100ths DOLLARS, ($73,500.00), the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold and
conveyed, and by these presents does grant,bargain, sell,convey and confirm unto the grantee,his heirs and assigns forever,all the real
... . property together with improvements, if any, situate, lying and being in the County of WELD,and State of Colorado,described as
.� �_, follows:
SEE LEGAL DESCRIPTION ATTACIIED HERETO AS EXHIBIT A AND BY THIS REFERENCE
MADE A PART HEREOF
also known by street and number as 3029 C STREET,GREELEY,COLORADO 80631
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining and the
reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right,title,interest,claim and
,--6 demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises,with the hereditaments and
N3 appurtenances.
TO HAVE AND TO IIOLD the said premises above bargained and described,with the appurtenances,unto the grantee, his heirs and
assigns forever. And the grantor, for himself, his heirs and personal representatives,does covenant,grant,bargain and agree to and with
'J the grantee, his heirs and assigns,that at the time of the ensealing and delivery of these presents, he is well seized of the premises above
conveyed, has good, sure,perfect,absolute and indefeasible estate of inheritance, in law,in fee simple,and has good right, full power and
lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid,and that the same are free and clear from all
former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever,
except for taxes for the current year, a lien but not yet due or payable,easements,restrictions,reservations,covenants and
rights-of-wayofrecord,ifany, reserving unto Grantors any and all production from, until
January 1, 2000, an existing oil well located on the herein described property.
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession
of the grantee,his heirs and assigns,against all and every person or persons lawfully claiming the whole or any part thereof.
The singular number shall include the plural,the plural the singular,and the use of any gender shall be applicable to all genders,
IN WITNESS WIIEREOF,the grantor has executed this deed on the date set forth above.
/ /
177 i 4 z .-71/ ,
el4/ -) .-. k ‘C ''C./ ..1. ..1 "---- ( ' -- ./H-Tittl://1/7/.1 . 7(17( / 4-'1'9 AtiveiL/c
WILLItL KETLER 0 PIIYLLI$KE'1'LER"GARDNER
by PHYLLIS ETLEM GARDNER Attorney in fact
''yy ,
i
PA IRIbtA PRICE
STATE OF COLORADO ) . •
)ss.
COUNTY OP Weld
The foregoing instrument was acknowledged before me this 27T11 day of NOVEMBER, 1992 by PIIYLLIS KETLER GARDNER
and PIIYLLIS KETLER'GARDNER as Attorney in fact for WILLIAM L. KETLER and PATRICIA PRICE by
Phyllis A. gardnet as her Attorney in Pact.
My Commissionleapitess: .March 7, 1996 Witness my dad and of lcial seal.
I ) E j l.-` ( t vJ c\ L Notary Public
\\\�JJ
tj
9.70"53
No.932A.Rev.7-tl/. WARRANTY I)EEI)(tor Medogr,phlc Record)
A1:23S .: /.511
1s 1360 "°,C 0231 .2750 12/01/9.2 1.6 : ' 1 $5 .00 1/001
F 2086 ARY ANN F'EUERSTEJN CLERK t .EC0RDER WELD CO, CO
Recorded at o'clock M. on Book Page
•
Recorder
Reception No.
4�rii1 Cl�aim(Deal •
THIS DEED is a conveyance from the individual(s), corporation(s) or other entity(ies) named below as
GRANTOR to the individual(s)or entity(ies) named below as GRANTEE of whatever interest the GRANTOR
may have in the real property described below.
The GRANTOR hereby sells and quit claims to the GRANTEE the real property described below with all Its
appurtenances.
The specific terms of this deed are:
Grantor l( .•n,uni.l and play eis)of worlenre. II the.pone of the ownn'Vama It Panne in lhn Deed to u4eaw hemmers'rqM..
druids waning.a.hinband and wile)
PHYLLIS KETLER GARDNER, WILLIAM L. KETLER and PATRICIA PRICE
Grantee: (Give namehl and ad drnslesl.statement ci address. including available road a sheet number. is renueed)
WESTMOOR RESOURCES
3835 West 10th Street Suite 200D
. 'Greeley, CO 80634
Fonn of Co-Ownsrshlp: ill nine are Iwo is more granter.named,they will be considered to take as tenants In cannon unless
the words"n pint tenancy"or words of the same meaning are added in the pace below)
Property Description: floc been I aunty and slate I
MINERALS AND MINERAL RIGHTS ONLY in and to the herein described proprerty,
including but not limited to, any oil, gas, hydrocarbons, sand, gravel, coal,
and uranium rights, reserving unto the Grantors any and all production from,
until January 1, 2000, an existing oil well located on the herein described
real property:
The Southwest Quarter of the Southwest Quarter (SWI/4SW1/4) of Section
Thirty-six (36) , Township Six (6) North, Range Sixty-six (66) West of the
6th Principal Meridian saving and excepting therefrom a right-of-way for
conducting waste water along the East side thereof for the use of the owners
of the East Half of the Northwest Quarter of the Northwest Quarter
(El/2NW1/4NW1/4) of Section One (1) , Township Five (5) North, Range Sixty-six
(66) West of the 6th Principal Meridian, County of Weld, State of Colorado.
'e Properly Address:
n •
o ntends to reserve len then he n RssanNlom-Restrletlom: IthrIRAN1r1N R re. lne the('RANI II Slight.in tM�topMy.make appropae indiccation In
i
n
November 27 92 -7
3 Executed by ten Grantor on
fs
p sirs.Clause for Corporeaan.Pafln rah a Aeaeefai: • 2; aipakp•Clayam gee I'Qapagl( l:
i s 1,tetler Gardner • a
Name of Gismos. CaporNea.Pmnwsngp a Association Y {jf/ i �
By William L. Ketler by Phyllis Ketler Grants
Sy , Gardnex(aShis:At orney� NiF � '.t,
Grantor
. l
Attest
Patricia
STATE OF COLORADO i 1f. ,;.t,✓y^C.g•7r ["c r� �u //t.%,s[ i(�
COUNTY OF Weld
The loiering instrument was acknowledged belays me Ibis 27t '/' ago November .1g 92
Psy• Phyllis Ketler Gardner, William L. Ketler by Vatricia etl r Gardner as
( hiyou Attorney in Fact and Patricia Price b 13Yllie A. ardn r-aarrt her
WITNES`y my Rlnryar �tlncLl ti-Attorney in Fact. �,.,j
"m!M'r'"•• a;,"March 7, 1996
STATE Qii`A R�'`; •I.. ) st
ire bn'gom�g snssrui p!:e isaeenowledged balms me this a+M
Bon)' l/ iS L. �-
as president ptMieMm andaaaetwya
l•narrraandrwdua4ktnigils)a d Grantor.sCorporaten,Parineistepor Assocetion.then mdenldysignerspee
assutam sK(gh(ry(yltorponten.or a partner(*)of pwtneshup.or as surnamed mwnbetls)or aeaocnalen.)
•
WITNESS my hand end oMail seal. Men Pule• My commission*spi n
t•leer UPDATE LEGAL FORM
Greeley.Cobra Ka NO. 203
•
R 1360 RE.C 0231 '49 12/01/92 16 :44 $1 )0 2/002
F 2085 MARY ANN FEUE:RSTEIN CLERK & RECORDER WELD CO, CO
EXHIBIT A
•
•
PARCEL I
The Southwest Quarter of the Southwest Quarter (SW1/4SW1/4) of Section
Thirty-six (36) , Township Six (6) North, Range Sixty-six (66) West of
6th Principal Meridian saving and excepting therefrom a right-a-way
for conducting waste water along the East side thereof for the use of
the owners of the East Half of the Northwest Quarter of the Northwest
Quarter (E1/2NW1/4NW1/4) of Section One (1) , Township Five (5) North, •
Range Sixty-six (66) West of the 6th Principal Meridian,
County of Weld, State of Colorado ;
TOGETHER with six (6) shares of the capital stock of The Greeley Irrigation
Company and all of the Grantors' right, title and interest in and to the
Smissaert and Query Drain and Irrigation Ditch and also all right, title,
interest, claim and demand of Grantors in and to the capital stock of the
Brown Drain Ditch Company;
AND TOGETHER with any and all domestic or irrigation wells located on the
property and any equipment presently in place for the pumping of said wells.
9:20- 59
EXHIBIT H
MUNICIPALITIES WITHIN A TWO MILE RADIUS
City of Greeley
1000 Tenth Street
Greeley, CO 80631
H-1 920--!59
r
January 19, 1993 •
NOTICE OF FILING APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT
FOR LIMITED IMPACT (110(2)) OPERATION
NOTICE TO THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY
Bestway Paving, Inc. (Operator) has applied for a reclamation permit from
the Colorado Mined Land Reclamation Board ("the Board") to conduct mining
operations in Weld County. The attached information is being .
provided to notify you of the location and nature of the proposed operation.
The entire application is on file with the Colorado Mined Land Reclamation
Division ("the Division") and the local county clerk and recorder.
The applicant proposes to reclaim the affected land to a lake and grassland. and
Pursuant to C.R.S. 34-32-116(7)(j) the Board is required to confer with the residentia
local Board of County Commissioners before approving of the post-mining land
use. Accordingly, the Board would appreciate your comments on the proposed
operation. Please note that, in order to preserve your right to a hearing
before .the Board on this application, you must submit written comments on the
application within ten (10) days after the date of the applicant's newspaper
publication.
If you would like to discuss the proposed post-mining land use, or any other
issue regarding this application, please contact the Colorado Mined Land
Reclamation Division, 1313 Sherman Street, Room 21.5, Denver, Colorado 80203,
(303) 866-3567.
NOTE TO OPERATOR: You must attach a copy of the application form to this
notice. If this is a notice of a change to a previously filed application you
must either attach a copy of the changes, or attach a complete and accurate
description of the change. -
1307F-6
970759
January 19, 1993
NOTICE OF FILING APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT
FOR LIMITED IMPACT (110(2)) OPERATION
NOTICE TO THE BOARD OF SUPERVISORS
• OF THE LOCAL SOIL CONSERVATION DISTRICT
WEST GREELEY DISTRICT
•
Bestway Paving, Inc. (Operator) has applied for a reclamation permit from
the Colorado Mined Land Reclamation Board ("the Board") to conduct mining
operations in Weld County. The attached information is being
provided to notify you of the location and nature of the proposed operation.
The entire application is on file with the Colorado Mined Land Reclamation
Division ("the Division") and the local county clerk and recorder.
The applicant proposes to reclaim the affected land to a lake and grassland and
Pursuant to C.R.S. 34-32-116(7)(j) the Board is required to confer with the residential
local Soil Conservation Districts before approving of the post—mining land
use. Accordingly, the Board would appreciate your comments on the proposed
operation. Please note that, in order to preserve your right to a hearing
before the Board on this application, you must submit written comments on the
application within ten (10) days after the date of the applicant' s newspaper
publication.
If you would like to discuss the proposed post-mining land use, or any other
issue regarding this application, please contact the Colorado Mined Land
Reclamation Division, 1313 Sherman Street, Room 215, Denver, Colorado 80203,
(303) 866-3567.
NOTE TO OPERATOR: You must attach a copy of the application form to this
notice. If this is a notice of a change to a previously filed application you
must either attach a copy of the changes, or attach a complete and accurate
description of the change. .
1307F-2
9'10^S9
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