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Home My WebLink About921018.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR AN OPEN-PIT MINING OPERATION IN THE A (AGRICULTURAL) ZONE DISTRICT - 83RD JOINT VENTURE RESOURCE 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 21st day of October, 1992, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of 83rd Joint Venture Resource, P.O. Box 3178, Greeley, Colorado 80633, for a Site Specific Development Plan and Special Review Permit for an open-pit mining operation in the A (Agricultural) Zone District on the following described real estate, to-wit: Part of Section 35, Township 6 North, Range 66 West of the 6th P.M. , Weld County, Colorado WHEREAS, said applicant was represented by Gary Tuttle, 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 of the Weld County Zoning Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as follows: a. This proposal is consistent with the Weld County Comprehensive Plan's Mineral Resource Goals and Policies, the Urban Growth Boundary Area Goals and Policies, and the Transportation Goals and Policies. The Conditions of Approval and Development Standards will ensure that these goals and policies are met. The comprehensive plan encourages the extraction of mineral resources when the mining plan promotes reasonable and orderly development of the minerals. 921018 PL0885 19/\-6 CC ' P1-. , HC , APP SPECIAL REVIEW PERMIT - 83RD JOINT VENTURE RESOURCE PAGE 2 b. This 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 irrigated agricultural production, pasture, rural residences, railroad tracks and other mining operations. d. The attached Conditions of Approval and Development Standards will ensure that 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. e. The Special Review Permit site is located in the 100-year floodplain. The Special Review Permit Development Standards address the overlay district requirements. No other overlay districts affect the site. 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 an open-pit mining operating 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 activity occurring on the site, evidence shall be submitted to the Department of Planning Services that: a. The Weld County Health Department has approved a dust abatement plan for the mining operation. 921018 SPECIAL REVIEW PERMIT - 83RD JOINT VENTURE RESOURCE PAGE 3 b. All required emission permits have been obtained from the Air Pollution Control Division, Colorado Department of Health. c. An NPDES Permit has been approved by the Water Quality Control Division of the Colorado Department of Health. d. The Use by Special Review will not cause injury to vested or conditional water rights as set forth in Section 44.4. 11 of the Weld County Zoning Ordinance. e. The Long-term Road Maintenance and Improvements Agreement has been executed by the Board of County Commissioners and the applicant. f. A Flood Hazard Development Permit shall be submitted and approved by the Department of Planning Services. g. That an agreement has been approved by Boyd Irrigation Company on the existing ditch relocation. 4. Prior to recording the plat: a. The plat shall be amended to show the future right-of-way of "F" Street as 50 feet north of the centerline. b. The plat shall be amended to show the limits of excavation 55 feet north of the centerline of "F" Street. Fill material shall be used to reclaim the area to original elevation 75 feet north of the centerline of "F" Street. c. The plat shall be amended to include a note stating: "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. However, Weld County has jurisdiction of those matters outlined in the Development Standards. 5. A substitute water supply plan and well permit shall be approved by the Division of Water Resources prior to exposing groundwater for the mining operation. 921018 SPECIAL REVIEW PERMIT - 83RD JOINT VENTURE RESOURCE PAGE 4 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of October, A.D. , 1992. is 0i t, c ! i" BOARD OF COUNTY COMMISSIONERS ATTEST: 1-14W/G24.404I WELD COUNTY, COLORADO Weld County Clerk to the Board George nnedy, Chairman BY: \ � 1-1_6 r w 7v , ,tom Deputy ClerkClerk .J.o the Board Constance L. Harbe t, Pro-Tem APPROVED AS 0 FORM: C. W. Ki y County Attorney Go cy W. . We ster 921018 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS 83RD JOINT VENTURE RESOURCE USR #978 1. The Site Specific Development Plan and Special Review Permit is for an open-pit mining operation 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. Operations shall be completed or cease 20 years from the date of approval by the Board of County Commissioners. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. The facility shall operate during daylight hours or between 6:00 a.m. and 9:00 p.m. , whichever is less. 4. The haul route shall be from the property to "F" Street, east to 35th Avenue, at which point 5 percent of the traffic will head north and 95 percent will head south to the Best-Way Concrete Redi-Mix Plant approximately 1/4 mile south of "F" Street. 5. The facility shall be limited to one access at a time from "F" Street. All other accesses shall be physically closed off when not in use. 6. No permanent disposal of wastes shall be permitted at this site. 7. Adequate sanitary facilities served by an individual sewage disposal system are required for the proposed facility, and the facilities shall be installed according to the Weld County Individual Sewage Disposal Regulations. Portable toilets are not approved. 8. The applicant shall remove, handle, and stockpile overburden soil, sand and gravel from the facility area in a manner that will prevent nuisance conditions. 9. This facility shall utilize the existing public water supply or other supply as required by the Weld County Health Department. 10. The Individual Sewage Disposal System Permit must be finalized and approved by an Environmental Protection Specialist within one year of the application date. 11. The open-pit gravel operation shall comply with the operation policies outlined in Section 44.4 of the Weld County Zoning Ordinance. 12. The property shall be maintained in compliance with the approved screening plan. 921018 DEVELOPMENT STANDARDS - 83RD JOINT VENTURE RESOURCE PAGE 2 13. The operator of the facility shall comply with the approved road maintenance agreement. 14. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. No permanent disposal of wastes shall be permitted at this site. 15. The Special Review Permit site shall be maintained in compliance with the required emissions permit obtained from the Air Pollution Control Division, Colorado Department of Health, for fugitive dust and emissions. 16. Overburden and topsoil materials shall be handled and stored in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. All stockpiles of overburden along the east border of the property shall be seeded with adaptive grasses within one planting season after they are created. Dust shall be controlled on all haul roads so that it does not constitute a nuisance to adjacent property owners. Fugitive dust must be controlled on this site and in accordance with the approved dust control plan. 17. The Special Review Permit site shall be maintained in compliance with the required NPDES Permit obtained from the Water Quality Control Division of the Colorado Department of Health. 18. 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. 19. The property shall be maintained in compliance with Sections 53 and 26 of the Weld County Zoning Ordinance. 20. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 21. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 22. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 23. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 921018 DEVELOPMENT STANDARDS - 83RD JOINT VENTURE RESOURCE PAGE 3 24. The Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 25. 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. 921018 HEARING CERTIFICATION DOCKET NO. 92-60 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR AN OPEN-PIT MINING OPERATION IN THE A (AGRICULTURAL) ZONE DISTRICT - 83RD JOINT VENTURE RESOURCE A public hearing was conducted on October 21, 1992, at 10:00 A.M. , with the following present: Commissioner George Kennedy, Chairman Commissioner Constance L. Harbert, Pro-Tem Commissioner C. W. Kirby Commissioner Gordon E. Lacy Commissioner W. H. Webster Also present: Acting Clerk to the Board, Carol Harding Assistant County Attorney, Bruce Barker Planning Department representative, Keith Schuett The following business was transacted: I hereby certify that pursuant to a notice dated September 28, 1992, and duly published October 8, 1992, in the Windsor Beacon, a public hearing was conducted to consider the request of 83rd Joint Venture Resource for an open-pit mining operation in the A (Agricultural) Zone District. Bruce Barker, 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, along with changes recommended by staff, as written in Additional Comments, which were also submitted. Mr. Schuett also presented a letter from Boyd Irrigation Company and a memo from Drew Scheltinga, County Engineer, into the record. Gary Tuttle represented the applicant and gave an overview of the proposed activity, which is a gravel mining and processing operation, covering 124 acres. Mr. Tuttle stated it is consistent with the Agricultural Zone and the Comprehensive Plan. He also mentioned it will take approximately 12 years to complete the gravel mining and reclamation project, and he presented a lay-out of the site. They will use a portable crushing and screening operation and split the work into four phases. The overburden and fine material will be used to fill as they go, leaving about 67 acres for the lake. Mr. Tuttle explained the traffic pattern out of the project will be east on "F" Street, then south on 35th Avenue. Mr. Tuttle reviewed an overlay showing the reclamation plan with residential plots, which will eventually have to receive approval as a subdivision, which they are hoping will be annexed to Greeley. When asked by Chairman Kennedy, Mr. Tuttle stated they have received the Additional Comments and the Road Agreement presented to the Board, and they are both acceptable to them as written. He acknowledged they need a Flood Plain Hazard Development Permit and they will get an agreement from the Boyd Irrigation Company, which he believes will be handed into the Planning Department within the next several weeks. Mr. Tuttle asked for clarification on five points, as follows: 1) The original Development Standard #8 was changed in the Planning Commission Hearing to state they would not have to hook up to a public sewer. 2) Original Development Standard #10 was also changed to state they would not have to hook up to public water. 3) Additional Comment #3 reads "Prior to any activity occurring on the site. . .", and he would like the word "approved" changed back to "submitted" since they are now waiting for two permits from the State Engineer's office; and they would like to set up and do the preliminary work before those permits are received. 4) The screening plan needs to be submitted showing berming with landscaping to the south, which is zoned for a mobile home park. He would like to wait until development begins to the south before the screening and berming needs to be done. 5) A reservation for right-of-way of 100' is being requested by the City of Greeley for "F" Street, and Mr. 921018 Ph.08&5 cc: i° , RE: HEARING CERTIFICATION - 83RD JOINT VENTURE RESOURCE PAGE 2 Tuttle feels that could be done before the PUD or Subdivision is approved. They would lose three or four acres of gravel for mining, and that is a significant amount of loss. In response to a question from Chairman Kennedy, Mr. Schuett stated they could make Additional Comment #3 read "Prior to exposing groundwater or lowering the water table. . ." instead of "Prior to any activity. . . ". Mr. Schuett explained the City of Greeley has designated "F" Street as an arterial street, which is why they want the extra width. Commissioner Lacy stated the State Permit requires them to stay 100' away from the property line. Commissioner Kirby queried the amount of setback that would be changed. Mr. Tuttle stated it is presently 55' from the centerline of "F" Street. With the full 100' reservation the City is requesting, it would be another 20' from the centerline to the beginning of the slope. Mr. Barker commented on the setback requirements from a man-made structure. (Changed to Tape 1192-34) Mr. Tuttle said they would be willing to add a Condition requiring them to maintain or repair "F" Street, as long as they are the ones doing the damage. (Let the record reflect that Chairman Kennedy is now absent, and Commissioner Harbert is acting as Chairman Pro-Tem. ) In response to a question from Chairman Pro-Tem Harbert, Commissioner Kirby explained the slope to the lake would begin 5' from the end of the right-of-way if it is 100' , which is 25' from the edge of the existing right-of-way. Carl Hill, Bestway Paving Company, stated they have mined other projects on 35th Avenue within 25' of the right-of-way to a depth of 25-40' . This project is only 18' deep. Commissioner Kirby asked if there is enough overburden to extend the bank back out. Mr. Tuttle agreed they could rebuild all the edges along "F" Street so that there would be adequate room to dedicate 50' of right-of-way on their side of "F" Street. The County could then reserve the right-of-way, but have a provision to let them use the current right-of-way as the setback requirement until that was completed and made available. There was further discussion on this concept, and Mr. Hill stated they are mining the areas that will be reclaimed first. Therefore, they could have a 100' right-of-way with setback as they finish mining, filling back in as they go. Mr. Schuett suggested a change to Additional Comment #4 by changing the second note required on the plat to read: "The plat shall be amended to show the limits of excavation 55' north of the centerline of 'F' Street" and add an additional sentence that says: "Fill material shall be used to reclaim the area to original elevation 75' north of the centerline of 'F' Street. " Both parties agreed to this. Mr. Tuttle stated the last point to be clarified is the screening plan. In response to Commissioner Lacy's question, Mr. Hill stated on the north side there are two homes, with a couple of homes to the west. Everything adjacent to the property on the south side of "F" Street is farm and pasture, part of which is zoned for mobile homes. Since that is undeveloped, it seems the berm is unnecessary. Discussion ensued as to whether a berm and screening needs to be required. Mr. Hill suggested a "rolling screen" which they could create by using the overburden to build berms to screen along each phase of the project, to be moved along as they go. At the completion of each phase, the topsoil from the berms could then be laid over the finished land. The Board agreed to this approach. Commissioner Lacy questioned whether or not they would be willing to pay into an impact fund, based on number of tons hauled out of the project to be used for repair of roads. Mr. Hill stated he would agree to that only if all the other users would do the same. Wayne Morrison, surrounding property owner, said he is not concerned about the mining operation; however, he is concerned about the 100' right-of-way reservation, which would affect a strip of his property. Craig Aubret, Bellwether Exploration Company, is concerned with the eventual development of residential lots on top of a gas line, which is in violation of Oil and Gas Commission requirements. He realizes it is a future problem; however, he wants it on the record from the first hearing, 921018 RE: HEARING CERTIFICATION - 83RD JOINT VENTURE RESOURCE PAGE 3 that this is a problem. Mr. Aubret presented a diagram which shows the location of the existing well, marked as Exhibit "F". In response to a question from the Board, Mr. Tuttle stated Bellwether Exploration Company will have complete access during all phases of the mining, so there is no problem with that part of it. Mr. Schuett reviewed the change to #3(a) which now reads "A substitute water supply plan and well permit have been approved by the Division of Water Resources prior to exposing groundwater for the mining operation." Mr. Barker pointed out the wording is cumbersome. After discussion, it was decided to make Additional Comment #3(a) number 5, and renumber (b) through (h) to (a) through (g) . Commissioner Harbert asked for something to be added to protect property owners to the east. After discussion, Mr. Tuttle stated Mr. Rodman is the adjacent property owner, and he seemed to be primarily concerned with dust control rather than screening from sight. In the Planning Commission hearing, Mr. Tuttle agreed to a four-foot berm with grass seeding. Mr. Schuett reviewed Condition of Approval #4(b) , which has to do with the screening plan. Commissioner Lacy requested Mr. Tuttle to talk with Mr. Rodman before the screening plan is submitted to the Board for approval. Mr. Schuett suggested adding to Condition of Approval #4 to read: "A screening plan shall be approved by the Department of Planning Services. The screening plan may include berms and landscaping, and the screening shall be for the east side of the property." The Board approved this change. Discussion was held on the Road Agreement, and it was determined to strike paragraph 1(b) . Mr. Tuttle and Mr. Hill both agreed to that. After discussion between Commissioners Kirby and Lacy, Commissioner Lacy clarified that paragraph b is being removed from this agreement, and the other program, regarding impact fees, will be worked on at a later date. Commissioner Lacy moved to approve the request of 83rd Joint Venture Resource for a Site Specific Development Plan and Special Review Permit for an open-pit mining operation in the A (Agricultural) Zone District, based on the recommendations of the Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards as entered into the record, including changes made today, with the Additional Comments as read into the record by Mr. Schuett. The motion was seconded by Commissioner Kirby, and it carried unanimously. This Certification was approved on the 26th day of October, 1992. APPROVED: ATTEST BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO. Weld County Clerk to t e Board By: C G ige Ketdy, Chairman eputy Clerk o the Beard' Constance L. �Harbeer�t, Pro-Te TAPE It92 33 & 92-34 L / C. W. Kirby DOCKET #92-60 f• G grtat PL0885 t- 1( �� ^ W. H. Webste 921018 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 21st DAY OF OCTOBER 1992: DOCKET II 92-59 -- Amended USR - Jack & LaVonne Eckstine DOCKET II 92-60 -- USR -- 83rd Joint Venture Resource DOCKET II 92-61 -- Amended USR - Platte Valley Airpark, Ltd, c/o Marilyn M. Taylor DOCKET # PLEASE write or print your name legibly, your address and the DOCKET # (as listed above) cr the name of the applicant of the hearing you are attending. NAME ADDRESS HEARING ATTENDING . c/o �c e, 8525 6)c- R J�e�ra`6io% ax.rx r, /La_ 3C6 ID JJAQA)orep goL l 6,4S1 / 2• LCD, • 5%w—e1-. 9a G o &HZ,- aaremi/ c35/SS ` L n 6 a 921018 NOTICE The Board of County Commissioners of Weld County, Colorado, on October 21, 1992, conditionally approved a Site Specific Development Plan and Special Review Permit for the property and purpose described below. Conditional approval of this plan creates a vested property right pursuant to Article 68 of Title 24, C.R.S. , as amended, for a period of three years. APPLICANT: 83rd Joint Venture Resource P. 0. Box 3178 Greeley, Colorado 80633 LEGAL DESCRIPTION: Part of Section 35, Township 6 North, Range 66 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: An open-pit mining operation in the A (Agricultural) Zone District SIZE OF PARCEL: 124 acres, more or less Failure to abide by the terms and conditions of approval will result in a forfeiture of the vested property right. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN CLERK TO THE BOARD BY: Ci P_D©i K.- Q� Deputy glerk to the Board PUBLISHED: October 29, 1992, in the Windsor Beacon AFFLUAVIrOF PUBLICATION STATE OF COLORADO ss c..0 COUNTY OF WELD Cdptlq Catr , oenlllbrully •SW I, KEITH HANSEN, of said County of Weld,being duly Spate Oeeeleautere Plan and Spelal Review Pima tar the sworn,say that I am publisher of awes as NIPS lladosl law..Conditional tenni of o this plan ea 'WINDSOR BEACON ts.• data properly right 4 C.bMtl as 68 of Title 24, C.R.S., as amended.to a pooled of three a weekly newspaper having a general circulation in said ruins' County and State, published in the town of WINDSOR, APPUCANT:e3N,baitValSss in said County and State; and that the notice, of which Roseate*, P. 0. Box SITS, the annexed is a true copy, has been published in said aneewy.Colorado BOSS weekly for/_successive weeks, that the notice LEGAL DESCRIPT1@t Pet was published in the regular and entire issue of every of Section 36, Townstty S North,Range SSW.wegmeh number of the paper during the period and time of P.M.,Wald County Cobra* publication, and in the newspaper proper and not in a TYPE AND INTENSITY OF supplement, and that the first publication of said notice APPROVED USE An epees* was in said paper bearing the date of the mining operation In Me A 449114411440 Zone DIME q/ day of Cfri fie. , A.D., 19Q and SIM OF PAR see.CEL:tea . mote et h the last publication bearing the date of the Failure to abion by the Insand day of , A.D., 19_ and aaglaon.a epsreret r result In •forfeiture.t the that the said WINDSOR BEACON has been published NNW pf°p°rstigln' continuously and uninterruptedly for the period of 5 BOARD OF COUNTY consecutive weeks,in said County and State, prior to the COMMISSIONER., WELD COMM COLOMDp date of first publication of said notice, and the same is a newspaper within'the meaning of an Act to regulate BY:CLERK TO DONALD o WABOARDEN, printing of legal notices an advertisements, approved May 18, 1931,and all prior cis ar as in force. BY: SHELLY K. MILLER, Doopy Clerk bthe Berl rMN.Wg■Os mast B.r��uSr�rS ISSa ° P LISHER Subscri an s orn to before me this �12_74 day of Gr, 199a- 4-LA IB//GL7 "A.a • NOTTARY PUBLIC My commission expires 'Set—et 2� /`''dik% 921018 NOT I C E Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Site Specific Development Plan and Special Review Permit are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. DOCKET NO: 92-60 APPLICANT 83rd Joint Venture Resource P. 0. Box 3178 Greeley, Colorado 80633 DATE: October 21, 1992 TIME: 10:00 a.m. REQUEST: A Site Specific Development Plan and Special Review Permit for an open-pit mining operation in the A (Agricultural) Zone District LEGAL DESCRIPTION: Part of Section 35, Township 6 North, Range 66 West of the 6th P.M. , Weld County, Colorado LOCATION: North of and adjacent to the City of Greeley; north of "F" Street, and approximately o mile west of 35th Avenue BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Betty Henson Deputy Clerk to the Board DATED: September 28, 1992 PUBLISHED: October 8, 1992 in the Windsor Beacon gala AFFIDAVIT OF PUBLICATION Pangaea Po gat t i g low of the State of Colored*W the STATE OF COLORADO Weld County Zoning Ordnance, a public hearing will be held m SS the Chambers of the Board of COUNTY OF WELD Weld Ceslo of Weld County,Colorado,Weld Count' Centennial First Center;91Greeley, 10thStr KEITH }JANSEN, of said Count of Weld, being duly Floor,Grsl*y, I, Y Colorado,*the time Ingrained. sworn, say that I am publisher of All persons in any manner Interested In the Site Specific Development Plan and Special WINDSOR BEACON Review Perm*we requested to attend and TWIN head. Should the applicant or any a weekly newspaper having a general circulation in said interested party desire the County and State, published in the town of WINDSOR, pwero*of a court reporter to in said County and State; and that the notice, of which make a record of the proceedings,In addition to the the annexed is a true copy, has been published in said wed record which will be kept weekly for successive weeks, that the notice theduring Board's Office sh a was published in the regular and entire issue of every the g the he Office the shall to S need In writing ol Ouch arm number of the paper during the period and time of at least five days prior to the hearing.The cat of engepklg a publication, and in the newspaper proper and not in a nowt reporter shall be borne by supplement, and that the first publication of said notice the reacting grand• was in said paper bearing the date of the BE IT ALSO KNOWN that the tent and maps so addled by Wm Weld County Planning gik day of ®12s✓ , AD., 199y and Commission may be exam*wd the last publication bearing the date of the in the office of the Ghetto the Board of County cornmleeloners,located In the day of , A.D., 19_ and 916 latStreet,Centennial Third Flet, that the said WINDSOR BEACON has been published Weld lath County River. Greeley,Coiarado. continuously and uninterruptedly for the period of 5 consecutive weeks,in said County and State, prior to the DOCKET NO:0240 date of first publication of said notice, and the same is a APPIJCANT:83rd Joint Wctae newspaper within the meaning of an Act to regulate Resource, P. O. Box 3171, printing of legal notices an advertisements, approved Greeley,Colorado I*0833 May 18, 1931,and all prior is r as in force. DATE:October 31.1993 TIME MOO a.m. REQUEST: A Site Specific P LISHER Development Plan and SpeeW Review Permit for an opMiK 2, mining operation in the A Subscri d and sworn to before me this -JOB day (Agricultural)Zone District of 19 91- LEGAL DESCRIPTION:Part of Section 35,Township a North, Range IS West of the Slh P.M., . , _ _ — Weld County,Colorado NOTARY PUBLIC LOCATION: North of and `^I_ �� adpoent to the City of Greeley: My commission expires J .rep 7-�21j _ north of 'F' Street, and ll// approximately 114 mile west of 35th Avenue BOARD OF COU COMMISSIONERS, WELD COUNTY,COLORADO BY: DONALD D. WARDEN, WELD COUNTY CLERK TO THE BOARD BY:Betty Henson,Deputy Clerk tome Beard Published le the WNt4er Beacon on October I,1eSt. 321013 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket #92-60, was placed in the United States mail, postage prepaid, addressed to the following property owners. DATED this 30th day of September, 1992. ( \ J� Deputy Clerk the Board Marilyn L. Bunn 10305 Dickens Avenue Bethesda, Maryland 20014 Western Mobile, Inc. P. 0. Box 1647 Greeley, Colorado 80632 Keith and Barbara McIntyre 4804 F Street Greeley, Colorado 80631 Robert and Patsy Drewer 4702 West F Street Greeley, Colorado 80631 Putnam Farm Partnership % Prime Management 4891 Independence Street, #140 Wheatridge, Colorado 80033 William and Dorothy Rodman % Greeley National Bank P. 0. Box 1098 Greeley, Colorado 80632 Wayne and Elaine Larson 3501 West F Street Greeley, Colorado 80634 Elmer and Cecil Elliott 4699 West F Street Greeley, Colorado 80631 Phyllis Ketler Gardener William and Price Ketler Rural Route Max, Nebraska 69037 13.1,-1.01@ City of Greeley 919 Seventh Street Greeley, Colorado 80631 Platte Valley Investment Company P. 0. Box 3296 Greeley, Colorado 80633 Flatiron Sand and Gravel P. 0. Box 229 Boulder, Colorado 80302 Margarette La Verne Evans et al Charles L. Evans, Jr. Heirs % Berthoud National Bank 2638 12th Avenue Greeley, Colorado 80631 Bellweather Exploration 3455 F Street Greeley, Colorado 80631 Weld County Commissioners 915 10th Street Greeley, Colorado 80631 Boyd Freeman Ditch Company % John Hickman Western Mobile, Inc. P. 0. Box 215001 1400 West 64th Avenue Denver, Colorado 80221 Colorado and Southern Railway 1405 Curtis Street Denver, Colorado 80202 83rd Joint Venture Resource P. 0. Box 3178 Greeley, Colorado 80633 Gary Tuttle Tuttle Applegate, Inc. 11990 Grant Street, #410 Denver, Colorado 80233 9w S:0 BTOT € n _ .. .....,..::; C•,.i N O - 1--_ . NO 77. al 0, W"C E 4' _ )g'- E. W O- o v = �a _ e-- F O J Y.. 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Consultants for Land and Resource Development TELEPHONE: (303 ) 452-6611 FAX: (303 ) 452-2759 11990 Grant Street; Suite 410; Denver, CO 80233 LETTER OF TRANSMITTAL DATE: q /211 19c� V..(.1 PROJECT: g7 iu2t TO: GI4.ek T'o IhLBi , t3o,L 7hg 4 aak./ 6O l do3z WE TRANSMIT: THE FOLLOWING: FOR YOUR: Attached ❑ Prints ❑ Use ❑ Under Separate Cover ❑ Originals ❑ Approval ❑ Information Below N. Copy of Letters' } Information ❑ ❑ Applications ❑ Review & Comment ❑ Specifications ❑ Material Returned ❑ Recording Mylars ❑ Signature & Return ❑ Change Order ❑ Cl Number of Copies Dated Sheet No. Description Remarks: 'PICO-tat Flea ilAt-tt aZcAW. �-� f�i'�� JAR, U�t b1 �Jptc.i 1 or4t- � { iIZr •�� A?pIrtc3h n eucll.IClhk OQ Fab]l'G 24.171{ r.J . l YVanA.L.iJ Copy to: Copy w/Enclosures to: 911.- 1062 Signed: % v\ ;�,301® op,/ � /it. � P1 f� )t // ( TUTTLE APPLEGATE, INC. Consultants for Land and Resource Development September 17, 1992 Ms. Loraine Stepenske Division of Minerals and Geology 1313 Sherman Street, Room 215 Denver, CO 80203 RE: M-92-069, 83rd Joint Venture Resource Dear Loraine: On behalf of the applicant we request an extension of the decision date to October 23, 1992. In addition, we waive our mandatory decision time period in this situation to continue the decision date. This continuance will allow us additional time to respond to your adequacy review, especially with regard to wells. Cordially, TUTTLE APPLEGATE, INC. Gary /J. Tuttle GJT/sjr cc: File #92-106 Carl Hill, 83rd Joint Venture 11990 Grant Street, #410 Telephone: (303) 452-6611 Denver, Colorado 80233 Facsimile: (303) 452-2759 94d1.018 �jLICS� STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY ov.co�. Department of Natural Resources &�' 'F h r 1313 Sherman St.,Room 215 *O• . Gta n * Denver,CO 80203 `jevc'r Phone:(303)866-3567 FAX:(303)832-8106 Roy Romer Governor RECEIVED Michael 8.Long Division Director September 15, 1992 SEP 1 7 1992 Mr. Gary Tuttle Tuttle-Applegate, Inc. 11990 Grant Street, Suite 410 Denver, Colorado 80233 RE: Adequacy Review, 83rd Joint Venture Resource, M-92-069 Dear Mr. Tuttle: The Division has not received a response to the August 19, 1992 Adequacy Review letter of the permit application for 83rd Joint Venture Resource. The decision date for this permit is September 21, 1992. If the Division does not receive by September 21st a response to the adequacy comments or a request in writing for a time extension the permit may be denied. In addition to previous adequacy comments the Division requests from the operator a commitment that not more than 30% of the total number of trees and shrubs shall be of any one species (Rule 6.5(1)). If you have any questions please contact me. Sincerely, Lorraine Stepenske Reclamation Specialist LS/yjb m:\oss\yjb\83rd • 921018 White - Public File Yellow - Operator Pink - Correspondence File ( g2YOb �0t)� RECEIVEDSTATE OF COLORADO: AUG 2 7 1992 Roy Romer, Governor 7,---; •476. n I.& al DEPARTMENT OF NATURAL RESOURCES SMINED LAND RECLAMATION DIVISION FRED R. BANTA, Director MINERALS PROGRAM INSPECTION REPORT , \ The Mined Land Reclamation Division has conducted an inspection of the mining operation noted below. This report documents observations concerning compliance of the mining operation with the permit and the regulations of the Mined Land Reclamation Board. The report notes 1 ) Areas of successful compliance; 2) Problems and suggests corrective actions and/or 3) Possible violations to be considered for possible enforcement action by the Mined Land Reclamation Board. OPERATORS SHOULD PEAD THIS REPORT CAREFULLY BECAUSE IT MAY REQUIRE CORRECTIVE ACTION AND/OP RESPONSES �TO�THE DIVISION IN ORDER RD TO AVOID Mine Name: a3 T, V V. 6G4ejt4ct Operator: £ eilec 2{� pa v, / ( O, County: `e) d Mineral : s/ _�k Type of Operation//: /9 in /A jnp“p Inspector(s): (.44, /1251 -sid5 t F/rrain Sire-rskr �` MINE ID # OR PROSPECTING ID M, :/1 - LcA. - Ito 7- _ PFID1 PFID2 PFID3 CL-ID • INSPECTION DATE QLZOdz. INSPECTOR'S INITIALS a TIME OF DAY (MILITARY) 7 / : Li INSPECTION TYPE COODE(l)0 _� POST INSP. CONTACTS(2 A/D JOINT NSP. AGENCY/ CODE(2 A.,_0 REASON FOR INSP CODE(3 L E _' OP. REP. PRESENT G_a r1_ !1L ___ WEATHt" CODE e & 1. INSPECTION TYPE CODE - [CL-IN: IL=Illegal Operation, MI=Monitoring, MP=Mineral Prospect, SI=Surety-Related, Pp=Pre-operation] 2. POST INSPECTION CONTACTS AND JOINT INSPECTION AGENCY CODE - [CL-AG: NO=None, BL=BLM, CH=Health Dept. , CL=Land Board, CT=Citizen, CW=Wildlife, FS=Forest Service HW=Hwy. Dept., LG=Local Government, SE=State Engr.] 3. REASON FOP INSPECTION CODE - [CL-RS: AG=Other Agency Reouest, CT=Citizen Complaint IE=Normal I8E ProgramJ, HP = High Priority, PY = Priority) 4. WEATHER CODE - [CL-WE: CL=Cloudy, CR=Clear, IN=Inclement -Prevented Inspection, RN=Paining, 'SN=Snowing, WD=Windy] This checklist identifies the environmental and permit parameters inspected and gives a categorical evaluation of each. IF PB OP PV IS INDICATED, YOU SHOULD READ THE FOLLOWING PAGES CAREFULLY IN ORDER TO A.SSIIRE COMPLIANCE WITH THE TERMS OF YOUR PERMIT AND APPLICABLE PULES AND REGULATIONS. If PV is indicated, you will be notified under separate cover when the Mined Land Reclamation Board will consider possible enforcement action. [/ GENERAL INSPECTION TOPICS /� (AR)RECORDS ! _ (FN)FINANCIAL WARRANTY... MA (RD)ROADS I (HB)HYDRJLOGIC BALANCE 7 (BG)BACKFILL & GRADING... N (EX)EXPLOSIVES.... A T (PW)PROCESSING WASTE/TAILINGS �Y (SF)PROCESSING FACILITIES .L/71 (TS)TOPSOIL �_ (MP)GENERAL MINE PLAN COMPLIANCE 4_ (FW)FISH 8 WILDLIFE AZ Z (P.V)REVEGETATION.. �_ (ES)OVERBUPDEN/DEV. WASTE L A (SC)ER0SI0N/SEDIMENTATION X (RS)RECL PLAN/COMP Y_ (AT)ACID OR TOXIC MATERIALS 4/± (00)OFF-SITE DAMAGE AZ a (ST)STIPULATIONS.. /1' Y = Inspected and found in compliance, PV = Inspected and Possible Violations noted, PP = Inspected and Problems noted, N = Not Inspected. NA = Not Applicable 7 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203-2273 Tel. (303) 866-3567 - (PAGE 2) MINE ID # OR PROSPECTING ID t:/•/ - - E �i - _ _ INSPECTION DATE & L1/9-0 /IZ :NSPECTOR' S INITIALS %•' S OBSERVATIONS c7q✓15 --/c a//t4> &LT /2Iew G.�,-Ge d�'4 tf 7s`U� i Red-�-b .a.„ Ae-C€ 7701-4%) 4,--el GU-e--Sic 1 reel et , �'alatP � l r,¢2_ 459174Ati, 7274.4-- - In ed �/5 fruc4c4taJ si/ec (01/?..e Y� Jdzc {L I:d 9f' -( p i!'.✓}O�De-tee re,0 071, a-t etc/ 2 c¢iJ Ex�`` e!u-�/CC// U J (/�a'l - F , 41 GvH.d __:„ ..."4,0-14,.., 6Coc"i f (� O7`mot j APa.)- 4—/ A/ &&1t.,11 ' /g1d .cam Oft-mai 6 -tec0 evjaw✓PZi anetd . /o t d)wi `Jare,-t al' - e f�u� 2e�1,�v , a � s O� en, - �o ny-it �.aJ/uw l�.� , 2. � cJ fLt <.t-Vl/ etc, O//H 5,-nu , -GS3 ' Gczit �J he ;: /�j24- ,a ory ae �a_c_tc,,.c - ed a1� cvu2 d do' 6.si �/"-at ccfwt 7 j 4 lc21 YV rlce�Ja2, 1i`c ) I & E Contact Address � NAME ( 2E24/. )1/47ka CC: ter: /�) /llift' OPERATOR �<:� al< CJ-Agpin h CF/, STREET ,970, 3/8/ --) cc: /l i^ %-c2,f CITY/STATE/ZIP Gfc2 &<, re, n/ -3 . -@/ f j ft„�.f7 /art-,"�7„nL 5149E y c ice STATE OF COLORADO MINED LAND RECLAMATION DIVISION of cot() �:_ Department of Natural Resources „Mit �g 1313 Sherman St., Room 215 * * Denver,CO 80203 '.18764* 303 866-3567 FAX: 303 832-8106 Roy Romer, Governor Michael B.Long, Division Director RECEIVED August 19, 1992 AUG 2 4 1992 Mr. Gary Tuttle Tuttle-Applegate, Inc. 11990 Grant Street Denver, Colorado 80233 RE: Adequacy Review, 83rd Joint Venture Resource, File No. M-92-069 Dear Mr. Tuttle: Enclosed are adequacy review comments for the above-referenced permit application. Please respond to these concerns by September 8, 1992 to ensure the permit can be issued by the due date of September 21, 1992. 1. Rule 2.1 .2(4)(a) requires a map on which all immediately adjacent surface owners of record are legibly portrayed. You have listed property owners within two hundred feet, but Exhibit C Map does not indicate the limits of each owners property. Exhibit C Map does not show a two hundred foot perimeter from the affected area. All man made structures as well as the name and location of all creeks, roads, buildings, oil and gas wells and lines, and power and communication lines on the area of affected land and within two hundred feet of all boundaries of the affected area must be legibly portrayed (Rule 2.1 .2(4)(b) and (9)). 2. A two hundred foot setback is indicated from the affected area to residences in the SW and SE corners, however, the topsoil stockpiles being proposed are within the two hundred foot limit. Section 115(4)(d) of the Act states that where the mining operation will adversely affect the stability of any significant, valuable, and permanent man-made structures located within two hundred feet of the affected land, except where there is an agreement between the operator and the persons having an interest in the structure, that damage to the structure is to be compensated for by the operator. Exhibit D states the existing house on the west side of the property may be used as an office or storage area, however, it is not clear if this residence is owned by 83rd Joint Venture Resource. The Division needs signed agreements with the owners of these two residences (or any additional 9 1:01 I Mr. Gary Tuttle 2 August 19, 1992 property owners shown on a revised map) that may be impacted or within the two hundred foot perimeter from stockpiling activities or any other affected land. 3. The Division must also receive the following agreements between the operator and: a) The Weld County Board of Commissioners regarding a twenty- five foot setback from the right-of-way of F Street; b) Bellweathers Exploration Company and Colorado & Southern Railway regarding mining within two hundred feet of these structures, and; c) The Boyd Freeman Ditch Company concerning ditch relocation. A map showing the relocation should accompany this agreement. 4. Similarly, agreements between the operator and owners of wells that may be impacted by the operation citing compensation/mitigation must be received by the Division before a permit can be approved (Section 115 (4)(d) of the Act. Ground water issues will be addressed later in this letter). 5. The letter from the Colorado Historical Society following Exhibit Q in the application recommends a professional archeological survey be conducted to identify any cultural resources in the project area which are eligible to be listed in the National Register of Historic Places. A permit can be issued with the stipulation that a cultural survey will be conducted and reviewed by the Colorado Historical Society prior to any mining activity. 6. First paragraph, Exhibit D, states the property is located East of the intersection of I street and 35th Avenue on the west side of Greeley, Colorado. This should read "West" of the intersection. Exhibit D states that an asphalt batch plant may be moved onto the property occasionally for specific large projects. The applicant should be aware that this plant must be located within the "phased plant sites" as designated in Exhibit D. Sequence of Mining, part three states a dewatering ditch on the perimeter of the mining phase will be constructed and groundwater leaking into the dry 3r_3.O1s Mr. Gary Tuttle 3 August 19, 1992 pit will be directed toward the dewatering pump. The operator cannot expose groundwater or dewater the area until an approved augmentation plan and well permit(s) have been obtained from the State Engineer's office. Please provide DMG with proof that the operator has submitted the augmentation plan and well permit application(s) to the State Engineer's office. 7. In Exhibit E it is unclear if "non-marketable material and overburden" being replaced at an even depth of 6 to 9 inches is topsoil, or if these materials are additional and will underlay the SCD recommendation of 8-12 inches of topsoil. Please clarify. This greater topsoil depth recommended by the SCD would enhance reclamation efforts on the site and may aid in greater vegetative cover and thus faster bond release. 8. It is proposed in Exhibit G that total consumptive use both during and after mining will be provided by existing water rights to the property. The post- mining land use will be residential with two lakes of 67.1 total acres hydraulically connected to the alluvial aquifer. The potential impact to well owners within the 4,000 foot perimeter (Exhibit G-1) needs to be addressed specifically by: a) Providing baseline data, seasonally, to determine on-site groundwater level, temperature and conductivity; b) Mapping the location of each well within this 4,000 foot area (the parcel designation is not adequate); and c) Providing the Division with written agreements between the operator and all well owners as to possible compensation for damages (Section 115(4)(d) of the Act). The 4,000 foot perimeter will serve as a designated boundary unless additional downgradient drawdown is identified through monitoring and mitigation is required beyond this boundary. 9. The operator proposes in Exhibit G, Mitigation of Impacts to Well Owners, a series of five monitoring wells to be read bi-monthly for groundwater depth. As stated above, these wells should be monitored bi-monthly and seasonally for ground water level as well as temperature and conductivity. Thereafter, water level stability should determine monitoring frequency. Data from on- site well monitoring as well as monitor-data in adjacent owners' wells shall l Mr. Gary Tuttle 4 August 19, 1992 be provided concurrent with the monitoring program. Monitoring well locations should be mapped and provided to the Division. The proposed mitigation program of modifying existing wells or drilling new wells to produce water of the same quality and quantity should include all wells under agreement with well owners. Determination of mitigation based on abandonment or "prior beneficial use' needs to be addressed by the operator and the well owner. Please contact the Office of the State Engineer if you have a problem. In Exhibit G, information on recharge ponds as mitigation to impacted well owners is inadequate. A design by a professional engineer should be submitted with discussion of the following specifications and capabilities: embankment stability, materials and slope; holding capacity in acre-feet; rates of transmissivity, hydraulic conductivity and recharge rate to impacted wells. Projected locations should be given. 11. In Exhibit L you have calculated major disturbance reclamation costs for this phased operation to be $37,763. I have calculated these costs at $60,051 .91 which includes the costs of mobilization and demobilization of equipment to the site, plus 15.8% to indirect costs. This figure does not include costs to reclaim recharge ponds proposed in your mitigation plan to adjacent well owners. When the Division receives specifications for these ponds a new financial warranty will be calculated. 12. Proof of actual delivery or proof of mailing by certified mail to Weld County Commissioners and the Soil Conservation district cannot be verified by the receipts for certified mail. You need to submit stamped or signed return receipts as proof of mailing by certified mail (Rule 2.1.2(18), Exhibit R). 13. Rule 2.2.2(4)(6) requires that immediately after the first publication of the public notice copies be mailed to a) all owners of record of surface rights to the affected land, and b) all owners of record of lands that are within two hundred feet of the boundary of the affected land. Proof of a publication and proof of mailings by either return receipt of a certified mailing or proof of personal service must be provided to the Division before the application can be approved. To adequately review your responses to the adequacy review, the Division must receive the required information by September 8, 1992. If we do not receive all the required information by that date, a new date may be set for consideration of , Mr. Gary Tuttle 5 August 19, 1992 the application as provided for under Rule 1.5(2). Also, as provided for under Rule 1.5.(1) all changes and additions to the permit application must be filed with the Division, and with the County Clerk and Recorder. The applicant shall also provide the Division with an affidavit or receipt demonstrating that the change was filed with the County Clerk and Recorder not later than the close of business on the day the change was filed with the Division. Any change or addition to an application shall constitute an amended filing for purposes of determining the date for the consideration of the application by the Division, and for the deadline for a final decision on the application. Within five (5) working days of an amended filing, the Division shall set a new date for the consideration of the application. If you have any questions, please do not hesitate to contact me. Sincerely, dt7WaztHtt rtde-ej Lorraine Stepenske Reclamation Specialist LS/yjb m:\oss\yjb\adq83rd 9O1s SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING August 4, 1992 Page 3 CASE NUMBER: USR-978 NAME: 83rd Joint Venture Resource ADDRESS: P.O. Box 3178, Greeley, CO 80633 REQUEST: A Site Specific Development Plan and Special Review permit for an open-pit mining operation in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of Section 35, T6N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: North of and adjacent to the City of Greeley; north of "F" Street, and approximately 1/4 mile west of 35th Avenue. Gary Tuttle, representative, 83rd Joint Venture Resource, presented a lay-out of the application. He said the operation would run 12 to 20 years, with the City of Greeley annexing in the future, and will be mined in phases starting on the eastern end and moving west. No large sand stockpiling will take place at this facility. He explained a Road Improvements and Maintenance Agreement will exist and requirements will be met. The haul route (48 loads a day) will run directly to an asphalt plant known as Bestway Paving and they will use one access road at a time as the phases of the project progress. He gave an overview of the reclamation plan which will be two lakes with surrounding residential areas. Bill O'Hare asked about vandalism and dangers to children in the area. Gary Tuttle explained they have no plans to screen. Tom Rulon asked if they would be destroying existing wetlands. Gary Tuttle said yes, but they were working with the Corps of Engineers to stay within federal requirements. The Chairman asked if there was anyone in the audience who wished to speak for or against this application. Bill Rodman, surrounding property owner, was concerned this type of operation could harm his well. What guarantees did he have. Gary Tuttle explained they were obligated not to cause dry wells. Law requires monitoring wells be placed in the area, and if Mr. Rodman would allow them access to his property, they would monitor his well and control any problems before they could happen. Bill Rodman also was concerned about stockpiling and damage blowing sand could cause to his residence. Gary Tuttle told him they would plant ground cover on this area of the operation. Mrs. Bill Rodman, surrounding property owner, was concerned about the 48 trips the trucks would make a day. She stated there are children in the area, and they also have a problem with teenagers "parking" on "F" Street. She wanted to request a stop sign be placed at the intersection of 35th Avenue and "F" Street, and security be on the property after hours. 921O1B tOtt0r'IT C- SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING August 4, 1992 Page 4 Gary Tuttle explained they will secure the area. They have alot of money invested in equipment that is left on the site and will take measures to protect it. Lyle Aggett, representative, Mr. and Mrs. Elliott, surrounding property owners, stated his parents are concerned property values will decrease, truck traffic on the roads will be heavy, and dust will be a major problem. He doesn' t want to stand in the way of progress he just wants to protect his parents interest. Bill O'Hare moved Case Number USR-978, with amendments to Condition of Approval 4b, Development Standards 9 and 17, the deletion of Development Standard 8, and subsequent renumbering of the Development Standards be forwarded to the Board of County Commissioners with the Planning Commissions recommendation for approval. Richard Kimmel seconded the motion. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Jean Hoffman - yes; Tom Rulon - yes; Bill O'Hare - yes; Judy Yamaguchi - yes; Juliette Kroekel - yes; Shirley Camenisch - yes; Bud Clemons -yes. Motion carried. Consider proposed amendments to Sections 10, 21, 24, 31, 32, 36 , and 42 of the Weld County Zoning Ordinance. Chuck Cunliffe, explained staff had prepared a recommendation for the proposed amendments to the Weld County Zoning Ordinance and asked if any of the Planning Commission members had questions. Discussion followed. Bud Clemons moved proposed change to Section 31.5.1 of the Weld County Zoning Ordinance be amended to read 80 acres. Bill O'Hare seconded the motion. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Jean Hoffman - yes; Tom Rulon - yes; Bill O'Hare - yes; Judy Yamaguchi - yes; Juliette Kroekel - yes; Shirley Camenisch - yes; Bud Clemons -yes. Motion carried. The Chairman asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Jean Hoffman moved to forward proposed amendments to Sections 10, 21, 24, 31, 32, 36, and 42 of the Weld County Zoning Ordinance to the Board of County Commissioners with the Planning Commissions recommendation for approval. Bud 921018 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS .>. '!7 Moved by Bill O'Hare that the following resolution with amendments tq-Cgnditon of Approval 4b, Development Standards 9 and 17, the deletion of development Standard 8, and subsequent renumbering of the Development Standards be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-978 NAME: 83rd Joint Venture Resource ADDRESS: P.O. Box 3178, Greeley, CO 80633 REQUEST: A Site Specific Development Plan and Special Review permit for an open-pit mining operation in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of Section 35, T6N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: North of and adjacent to the City of Greeley; north of "F" Street, and approximately 1/4 mile west of 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 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: This proposal is consistent with the Weld County Comprehensive Plan's Mineral Resource Goals and Policies, the Urban Growth Boundary Area Goals and Policies, and the Transportation Goals and Policies. The conditions of approval and development standards will ensure that these goals and policies are met. The comprehensive plan encourages the extraction of mineral resources when the mining plan promotes reasonable and orderly development of the minerals. This 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 irrigated agricultural production, pasture, rural residences, railroad tracks and other mining operations. 921018 Cti�C� f/ljl , RESOLUTION, USR-978 83rd Joint Venture Resource Page 2 The attached conditions of approval and development standards will ensure that 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. The special review permit site is located in the 100-year floodplain. The special review permit development standards address the overlay district requirements. No other overlay districts affect the site. Special Review 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 activity occurring on the site, evidence shall be submitted to the Department of Planning Services that: a. a substitute water supply plan and well permit have been submitted to the Division of Water Resources for the mining operation. b. the Weld County Health Department has approved a dust abatement plan for the mining operation; c. all required emission permits have been obtained from the Air Pollution Control Division, Colorado Department of health. d. an NPDES permit has been approved by the Water Quality Control Division of the Colorado Department of Health. 92301.9 RESOLUTION, USR-978 83rd Joint Venture Resource Page 3 e. the Use by Special Review will not cause injury to vested or conditional water rights as set forth in Section 44.4.11 of the Weld County Zoning Ordinance. 4. Prior to scheduling before the Board of County Commissioners: a. an off-site road improvements agreement shall be submitted to the Department of Planning Services staff and Weld County Engineering. The agreement shall mitigate impacts generated on Weld County roads by this mining operation. The agreement shall include the type of road improvements, the applicant's share of the improvements, means of financing, time frame for construction and a proposal to dedicate an additional 10 feet of right-or-way along the south side of the property. b. the applicant shall submit a screening plan to the Department of Planning Services for review and approval. The plan shall include a proposal for secured entrances. c. The plat shall be amended to include a note stating: "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. However, Weld County has jurisdiction of those matters outlined in the Development Standards" . Motion seconded by Richard Kimmel. VOTE: For Passage Against Passage Richard Kimmel Jean Hoffman Tom Rulon Bill O'Hare Judy Yamaguchi Juliette Kroekel Shirley Camenisch Bud Clemons The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. 9n018 RESOLUTION, USR-978 83rd Joint Venture Resource Page 4 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 August 4, 1992. Dated the 4th of August, 1992 _ arl--HC-010-Q-44e-f/C/ Sharyn F.JRuff Secretary 921018 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS 83rd Joint Venture Resource USR-978 1. The Site Specific Development Plan and Special Review permit is for an open-pit mining operation 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. Operations shall be completed or cease 20 years from the date of approval by the Board of County Commissioners. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. The facility shall operate during daylight hours or between 6:00 a.m. and 9:00 p.m. whichever is less. 4. The haul route shall be from the property to "F" Street, east to 35th Avenue at which point 5 percent of the traffic will head north and 95 percent will head south to the Best-Way Concrete Redi-Mix Plant approximately 1/4 mile south of "F" Street. 5. The facility shall be limited to one access at a time from "F" Street. All other accesses shall be physically closed off when not in use. 6. No permanent disposal of wastes shall be permitted at this site. 7. Adequate sanitary facilities served by an individual sewage disposal system are required for the proposed facility and the facilities shall be installed according to the Weld County Individual Sewage Disposal Regulations. Portable toilets are not approved. 8. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility area in a manner that will prevent nuisance conditions. 9. This facility shall utilize the existing public water supply or other supply as required by the Weld County Health Department. 10. The Individual Sewage Disposal System permit must be finalized and approved by an Environmental Protection Specialist within one year of the application date. 11. The open-pit gravel operation shall comply with the operation policies outlined in Section 44.4 of the Weld County Zoning Ordinance. 12. The property shall be maintained in compliance with the approved screening plan. 9(71.018 DEVELOPMENT STANDARDS, USR-978 83rd Joint Venture Resource Page 2 13. The operator of the facility shall comply with the approved road maintenance agreement. 14. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. No permanent disposal of wastes shall be permitted at this site. 15. The special review permit site shall be maintained in compliance with the required emissions permit obtained from the Air Pollution Control Division, Colorado Department of Health, for fugitive dust and emissions. 16. Overburden and topsoil materials shall be handled and stored in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. All stockpiles of overburden along the east border of the property shall be seeded with adaptive grasses within one planting season after they are created. Dust shall be controlled on all haul roads, so that it does not constitute a nuisance to adjacent property owners. Fugitive dust must be controlled on this site and in accordance with the approved dust control plan. 17. The special review permit site shall be maintained in compliance with the required NPDES permit obtained from the Water Quality Control Division of the Colorado Department of Health. 18. 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. 19. The property shall be maintained in compliance with Sections 53 and 26 of the Weld County Zoning Ordinance. 20. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 21. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 22. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 921018 DEVELOPMENT STANDARDS, USR-978 83rd Joint Venture Resource Page 3 23. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 24. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 25. 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. 9210143 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Case Number: USR-978 Submitted or Prepared Prior to Hearing At Hearing 1. Application 69 pages X 2. Application plat 5 pages 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 (after hearing) 11. Planning Commission Resolution (after hearing) 12. Referral response; Weld County Office of Emergency Management; Ed Herring; June 25, 1992 X 13. Referral response; Weld County Environmental Health; John Pickle; July 1, 1992 X 14. Referral response; Western Hills Fire Protection District; Brion Newkirk; June 30, 1992 X 15. Referral response; Corps of Engineers; Terry McKee; July 2, 1992 X 16. Referral response; Colorado Oil and Gas Conservation Commission; July 7, 1992 X 17. Referral response; City of Greeley Planning Commission; Greg Flebbe; July 15, 1992 X 18. Referral response; Division of Wildlife; Larry Rogstad, July 15, 1992 X 19. Planning Commission Sign Posting Certificate X 20. Planning Commission Field Check; Bud Clemons; July 23, 1992 X 21. Letter from Mined Land Reclamation Board verifying submission of 112 Regular Reclamation Permit X H I i i i9 924,1013 INVENTORY ITEMS USR-978 page 2 22. Letter from Department of Planning Services Staff to Mined Land Reclamation Board; Brian Grubb X 23. Department of Planning Services letter to applicant; July 25, 1992 X 24. Referral response; Division of Water Resources; John Shurer; August 26, 1992 (after hearing) 25. Referral response; Weld County Engineering; Drew Scheltinga; August 18, 1992 (after hearing) 26. 2 updated plats showing proposed screening plan (after hearing) I hereby certify that the 26 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 September 24, 1992. C Current Planner STATE OF COLORADO ) COUNTY OF WELD 414WSUBSCRIBED AND SWORN TO BEFORE ME THIS& day of 19 --) SEAL NOT Y PUBLIC My Commissisn choiras Uo.:T1421,1995 p�' My Commission Expires op�1101 O at As . aia_ a 0. y • 4. O ;j ".. ••...... C N ,'r 1 I �N0N 92.1.0 1@ EXHIBIT INVENTORY CONTROL SHE' Case ikS2 - 3 et..-C$1 Exhibit Submitted By Exhibit Description W)-3/7;,2-. A. A7r--4 B. 1)S-6..e. -��-•-�irai� c. d.wn.�v. `..t-rTh. • ►i �1�.� ` l 4 V ,t7t D• CSC -Xp 1(3O-a.a_ Yt c P. G. H. I. J. K. L. M. N. 0. P. Q• R. S. T. U. V. W. X. Y. Z. 921013 AMMMIMOMMIMS SMES TUTTLE APPLEGATE, INC. Consultants for Land and Resource Development October 1 , 1992 ?. Ms. Lorraine Stepenske Division of Minerals and Geology 1313 Sherman Street, Room 215 Denver, CO 80203 RE: Adequacy Response; File #M-92-069 Dear Lorraine: With this letter we wish to respond to your adequacy review letter of August 19, 1992 . I will use the same numbering system used in your letter and answer the paragraphs in order. 1 . The Exhibit C map has been revised to show property lines for all adjacent property owners. The numbers on the map correspond to the list of property owners within 200 feet. All manmade structures as well as the name of all roads, buildings, oil and gas wells and lines, and power lines within 200 feet of all boundaries of the affected are labeled on the map. New maps are enclosed. 2 . The existing house located along the southern boundary in the western half of the site is the building in question. This house is owned by 83rd Joint Venture and may be used as a storage area, office, or night watchman quarters. Neither residences on the SE and SW corner nor any of their accessory structures will be adversely affected by the mining. Therefore compensation agreements will not be submitted. 3. (a) We will receive a zoning approval from the Weld County Commissioners which will contain a site map showing a 25 foot setback from the right-of-way of F Street. This approval will serve as the County's approval of mining to this setback. This hearing is set for October 21, 1992 . (b) Both Bellwether and the railway have legal rights-of-way or easements in which they operate. The width of these easements is to insure they have enough room to operate and maintain their facilities in addition to offering a safe setback from encroachment. We state the mining will have no impacts to the stability of any manmade structures within their rights-of-way and easements. There is no blasting involved with our mining operation and all slopes are 3 : 1 in a reclaimed state so erosion and slope failure are not a concern. 1 921018 t�C�J¢'�L`tJuti� f1 % 11990 Grant Street, #410 Telephone: (303 ) 452-6611 )Denver, Colorado 80233 Facsimile: (303 ) 452-,2759 Ms . Lorraine Stepenske Division of Minerals and Geology September 24 , 1992 Page 2 (c ) We are presently having discussions with the Boyd Freeman Ditch Company and will reach an agreement with them. The map showing how the ditch is proposed to be relocated is on Exhibit C. 4 . The mining operation is within 200 feet of a water well at both the east and west end. As above, we assert the stability to the physical structure of the well will not be damaged by our mining operation. Section 115(4 ) (d) of the Act references affecting the stability of manmade structures, but does not require any compensation agreements for injury to water rights. 5. In past applications we have not been required to conduct a cultural resources inventory on mining sites when there is no indication that artifacts may exist on the site. We will commit to informing the State Historical Preservation Officer if any cultural resources are discovered during the operation and we will immediately halt mining in that area until the significance of the resource is evaluated. 6 . (a) In Exhibit D, the first paragraph regarding the location of the 83rd Joint Venture property location will be revised to read "west of the intersection of F Street and 35th Avenue on the west side of Greeley, Colorado. " (b) Also in Exhibit D the use of a temporary asphalt batch plant and scale is mentioned. The applicant understands this plant and scale must be located within a phased plant site as shown on Exhibit C. 7 . Exhibit E states "non-marketable material and overburden" will be placed at an even depth of six to nine inches. This material will be placed over the site being reclaimed with topsoil placed above and in addition to the non-marketable materials and overburden. 921019 Mr. Lorraine Stepenske Division of Minerals and Geology September 24 , 1992 Page 3 8 . Over the years the question of hydrologic balance has been discussed in the permitting process and its relationship to Exhibit G. This has lead us to expand the information provided to the Division in Exhibit G. Specifically, we note the effects to both groundwater and surface water from the proposed operation. We note the wells and water right diversions which are in the area and discuss how they may be affected by the operation. Also we commit to reasonably minimize any affects to the hydrologic balance. Our Exhibit G-1 locates wells within a 4,000 foot radius of the operation in order to get an overview of the area. In addition, we now note the availability of water rights held by the operator to replace consumptive use of water in the operation and also to show how any impacts to water rights in the immediate area may be mitigated. Our plans to replace water to wells in the immediate area which may be affected is provided for information only. Water rights are a jurisdiction of the Division of Water Resources. The Division of Water Resources is given the statutory authority to both administer and protect water rights in the State. The information and measures you are requesting in Paragraph 8 greatly expand any interpretation of Exhibit G and hydrologic balance and request new information which we have never been asked for before in an adequacy review. It seems as though the Division of Minerals and Geology, by your letter, is presuming they have statutory authority to protect the water rights of well owners and require written agreements between the applicant and the well owners. The requirements you have asked for in this question have ramifications to applicants of dewatered operations as expensive and burdensome as Senate Bill 181 . If it is indeed now standard policy to ask for written agreements from well owners within 4,000 feet of an operation, it seems to us there should have been some discussions and hearings on this matter. 9 1Oj Ms. Lorraine Stepenske Division of Minerals and Geology September 24 , 1992 Page 4 The Division of Water Resources has their own procedure for reviewing well applications for gravel pits and how they may affect nearby wells. Specifically, the applicant for a well permit on a gravel pit should try to get written agreements from any well owners within 600 feet of the operation and include those with his well permit application. If these cannot be obtained from all well owners within 600 feet, (who all receive written notification of the well permit) , the well owner may object to the well permit application. In this case, the State Engineer will hold a hearing on the matter and render a decision about possible impacts and measures where the applicant needs to replace water to well owners. Your request in Paragraph 8 both duplicates and greatly exceeds the requirements of the Division of Water Resources. We would like to specifically answer the three items included in No. 8 as follows: (a) Our application does note the depth of groundwater over the site. Since we have no affect on water quality by the mining operation, we believe the temperature and the conductivity of the water is not an issue here. (b) We will not be monitoring any wells other than those which are immediately adjacent to the operation. Therefore, the specific location of wells within 4, 000 feet is not important. Well permits generally only locate wells within a 40 acre parcel. In order to find the specific locations of these wells one would have to obtain permission to enter private property and then search for wells. As you can imagine this would take quite a bit of time. If any well owner in the area has a problem, we expect them to either contact the operator or their local water commissioner. If this occurs then we will know the location of that well through the complaint. 92101111 Ms . Lorraine Stepenske Division of Minerals and Geology September 24, 1992 Page 5 (c) we understand the Act does require a compensation agreement when the stability to the physical structure of a well may be affected. The physical structure will be such things as the casing and pump. We believe the Act makes no requirements for agreements regarding injury to water rights. These matters are handled by the Division of Water Resources. Therefore, we believe these written agreements with well owners are not required by the Act. 9. We will provide the Division with the data from the on- site well monitoring as well as the monitor data from adjacent wells. 11. In Exhibit L under the major disturbance category for reclamation costs we will add the costs of mobilization and demobilization of equipment to the site. This will add $1,000. 00 for each or a total of $2,000.00. We also estimate a cost of $1,000.00 each for the reclamation of the proposed recharge ponds. Using two of these ponds will add an additional $2 , 000 .00 to the reclamation costs for the major disturbance category. We have included a 15.8% administration fee ( indirect costs ) to the total reclamation costs for all categories. We are at a loss, however, to be able to arrive at the same total figure of $60, 051 .91 for the reclamation of the area of major disturbance. Could you supply us with the quantities and unit prices that you used so we may be able to better understand your total amount for the reclamation of the major disturbance category. 12. Enclosed are copies of the signed return receipts from the Weld County Commissioners and the West Greeley Soil Conservation District as proof of mailing by certified mail. 13. Enclosed is proof of publication of the public notice in the Greeley Daily Tribune on the dates of June 19, 26 and July 3, 10, 1992 . Also enclosed are copies of the signed • return receipts from the owners of surface rights on the affected land and owners of record of lands that are within 200 feet of the boundary of affected lands. 92101s Ms. Lorraine Stepenske Division of Minerals and Geology September 24 , 1992 Page 6 As a matter of information we have enclosed copies of our substitute supply plan and the well permit application which were submitted to the Division of Water Resources. In our most recent application on Tucson Resource in Adams County, it was a requirement of the permit to show proof we had submitted these applications. We believe that would be an appropriate condition on this application. The recharge ponds or trenches are one of several options which the operator can use in order to replace water to adjacent well owners. In the past we have never been required to provide final construction documents for these ponds or trenches. They will be constructed on the operators property between the mine and the well and as close to the well as possible. We understand these are disturbances on the site and would need to be reclaimed if the operator forfeited the bond. At the most, these facilities would be 5, 000 square feet in size each and we think there could be a need for them both at the east and west end. It is fair to ask for monies to cover this reclamation and we propose an amount of $1,000 .00 each to reclaim these facilities for a total of $2, 000 .00 . We are providing a copy of this clarification letter on your adequacy review to the Weld County Clerk. Your adequacy questions have required no changes or additions to the application. Please call me if you have any additional questions. Cordially, TUTTLE APPLEGATE, INC. $y''I J. c_ Gary J. Tuttle GJT/cr Encs. cc: File #92-106 Carl Hill Weld County Clerk and Recorder 921018 • SENDER: I also wish to receive the • Complete Items 1 and/or 2 for additional services. • Complete items 3.and M&b. following services (for an extra • Print your name and address on the reverse of this form so that we can fee): return this card to you. • Attach this form to the front of the magpies*,or on the back R space 1. ❑ Addressee's Address don not permit. • • Witte"Return Receipt Requested"on t e mailpece below the article number. 2. O Restricted Delivery • The Return Receipt Fee will provide you the signature of the person delivered to and the date of delivery. Consult postmaster for fee. 3. Article Addressed to: 4a. Article Number Weld County Commissioners P 992 068 147 915 Tenth Street 46. Service Type O Registered O Insured Greeley, CO 80631 ,}(Certified ❑ COD • O Express Mail O Return Receipt for Merchandise 7. Date of DelivatusRiti - 9 1892 5. Signature (Addressee) 8. Addr 's Address(Only if requested end fee is paid) e. Signa ) 92-106 6-8-92 � Ps rm November 1990 eus.GPO:taat-2e1me DOMESTIC RETURN RECEIPT• SENDER: I also wish to receive the • NDE items 1 and/or 2 for additional services. • Complete Items 3.and M&b. following services (for an extra • Print your name and address on the reverse of this form so that we can fee): return this card to you. • Attest,this form to the front of the mailpiece.or on the back if space 1. O Addressee's Address does not permit. • Write"Return Receipt Requested"on the mailpiece below the article number. 2. O Restricted Delivery • The Return Receipt Fee will provide you the signature of the person delivered to and the date of delivery. Consult postmaster for fee. 3. Article Addressed to: 4a. Article Number P 992 068 146 West Greeley SCD 4b. Service Type 2423-71st Avenue O Registered O Insured • EX Certified ❑ COD Greeley, CO 80634 O Express Mail O Return Receipt for Merchandise 7. Date of Delivery 5. Signatur (Addressee) 8. Addressee's Address(Only if requested I7.1 �y'��^�,f,`I,` and fee is paid) • 8. Signature (Agent) t� " 92-106 6-8-92 PS Form 3811, November 1990 +u.s.GPO:1001-21370W DOMESTIC RETURN RECEIPT 921019 9Liao r .fidavit of Publication STATE OF COLORADO as. County of Weld, I, Mita C Fletcher of • said County of Weld, being duly sworn, say that I am an advertising derk of THE GREELEY DAILY TRIBUNE, and THE GREELEY REPUBLICAN that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or advertisement, of which the annexed Is a true copy, has been published in said daily newspaper for consecutive (O O) (weeks); that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of MOB said notice, and in the new spa per' 93rd Joint Venture Resource; Sp p proper and not in a RO.Bos 3176:Geeoy,CO 63637 supplement thereof; that the first publication of said has filed an application for • notice was contained in the issue of said newspaper Mining and Reclamation perm;, with the Colorado Mined Land bearing date Reclamation Board under pavieicne of the Cobra Mined Nineteenth ;Land Reclamation Act. The ',raposed operation is brats at or Wow Section 36,Tashi,a Mort, day of are A.D. 19_92 Rang•66 Nest or d the 6th P.M., Cady of Weld,r6are Colorado, and the last The proposed date of publication thereof; in the issue of said atemmencomsnt 4 August. 1662 newspaper bearing date the end the proposed date of Tenth completion is August,2006.The Papoead future used the land w1 Me residential. Additional lrdomatien and bmatiw hearing day of ,]illy A.D. 19 p2. date may be obtained from the that said The Greeley Daily Tribune and The Greeley Wined Land and Reclamation Rpard,Room 216' 1313 Sherman Republican, has been published continuously and tires;Dener.Colorado 60203. 13031 666.3667,o west County uninterruptedly during the period of at least six Clerk and Recorder,916 Tenth months next prior to the first issue thereof contained era Gr••ley,CO 60631 or the novo named applicant. said notice or advertisement above referred to; that said Written comments must be riled with the Mined Land newspaper has been admitted to the United States italamauon Board by 5:00 on mails as second-dass matter under the provisions of the Siga 7 Whoa 7,1662 ne an•1°26!� ,1aly Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified • for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. June 19,26, July 3,10, 1992 Total charge - $42.16 1:42/112 ( •--yLz G. ) Advertising Clerk Subscribed and sworn to before me this 10th day of Jiiy _A.D. 1932._ My commission expires_7—2"7— ' 2-- Notary Public 921018 1. C _. . • SENDER: • Complete items I and/or 2 for additional services. I also wish to receive '-the • Complete hems 3.and M&b. following services (for an extra • Print your name and address on the reverse of this f Mat wa can fee): return this card to you. • Attach this form to the front of the mailpiece,or on the tatda 1. D4 ddr ' Address does not permit. 77 • Witte"Return Recall"Rpw�d"on the mallpiece snich'nlanbet�� • The Return Receipt Fee will provide you the signature of rears li d 2. El Restricted Delivery to and the date of delivery. s C �(p onsult postmaster for fee. 3. Article Addressed to: 4s. ATIEle Number P 99,2 068 149 Marilyn L. Bunn 4b. Service Type 10305 Dickens Avenue_ Insured Bethesda,Bethesda, MD 2001c �:� ❑ coo Cad' O Return Receipt for • _ M handise el 5. inn. ure •dr::.eel ddress(Only if requested f- s id) 6. Signature (Agent) 6-22-92 92-106A I PS Form 3811, November 1990 *us coo:teat_sergee DOMESTIC RETURN RECEIPT • • 9:21019 O \ nai (WI I'I n W •m• •ti I O w DI ` .. ^ ar- 6 t i \ i'l -rn O m 0 O (C ~_ w1 1 EC m m m Z, m LO W 1:6o v O C.)m• a o > .- u^ g - w CC r' G m p w ¢c T N O v o E c C O1 Q « . S m O O ` O mom 2 O mm I a '� _e Z e w E ti V 6� o W O a 3 DE NO . E co a CC = m ma i- 0 w � mZO m1/4O o p O a MI IL U u N ` .m. S O m4,.. Ol a: tics m I Q B$ r O\ last 6 pp N .i Z E 3 < y¢ U w Q o N O orc� pt •; 1 s9 a° � 'a❑ O] ❑ n m CO G r:.l « y k c v+? s . 8 ; 48 i • .. -s0 � r . 3 o 2r g a • a n �. - � ^ii T O OO05 N O .. _ j . al Cl_ al N 8 O CI. G 2 > y 2 E WO T.3 -5N S $ r E a > 3 J O m 'r T.3 CD ' B S O N W _ {n N e'f 3 S ring O Ili a c > p .� m to O a A • :" «tee e 3 L+ U To- E DI C £ ` di� .•;'I •g 8; $cc t o• 1_ z O ' a m Z ..*.` Lei•>€ i�- o0 s 5 a a in ,t'„• .. .!-eE E a. < O co N m m m n ".QZ. §u1Y1E4 O .tip p M �1 z ael tt c c E — W WuuiE<.■; g iA /n u ei mom II.C i • • • t.3 • . 2 Lei c a C\ '.7. { .y 921019 Qz__•(004.. / • t .i a. . nu . . . .m . . SENDER: • Complete Items 1 and/or 2 for additional ssrvicw. I also wish to receive the • Complete hems 3,and N&b. following services (for an extra • Print your name and address on the reverse of this form so that we an fee): retum this card to you. • Attach this form to the front of the mailpbca.won the ono if spay 1. O Addressee's Address does not permit. • Write"Return Receipt Requested"on the mailpiea below the article number. 2. ❑ Restricted Delivery • The Return Receipt Fes will provide you the signature of the person delivered to and the date of delivery. Consult postmaster for fee. 3. Article Addressed to: 4a. Article Number P 992 068 151 Robert & Patsy Drewer 4b. Service Type O Registered O Insured 4702 West F Street 4 )O Certified ❑ coD Greeley, CO 80631 Ifeiii Express4elail O Return Receipt for tie, Merchandise of Delivery ye` F JUN 2 3 19.92 8.^Siignature IAddr4sseel �B,aAddrWsee's Address(Only if requested !,�An ML 11 0.,.tl/t , 1�a�td fee is paid) 8, gnature (Agent) 92-106APS Form 3811, November 1990 ou.s.GPO:1591N_22-92 DOMESTIC RETURN RECEIPT . . (• 1 SENDER: F • Complete items additional 1 and/or 2 for additional services. ( also wish to receive the Itlt • Complete items 3,and 4e Si b. following services (for an extra • Print your name and address on the reverse of this form so that we can return this card to you. fee): f. • Attach this form to the front of the mailpiece,or on the back If space 1. O Addressee's Address ) does not permit. • Write"Return Receipt Requested"on the monsieur below the article number. 2. O Restricted Delivery • The Return Receipt Fee will provide you the signature of the person delivered to and the date of delivery. Consult postmaster for fee. 3. Article Addressed to: 4a. Article Number Bellweather Exploration P 992 058 15R 3455 F Street 4b. Service Type Greeley, CO 80631 O Registered --O Insured 9 jaCertified ❑ COD Express Mail O Return Receipt for • 7[" Merchandise I /t)-1_. - L0J/L.,4 *; %/f 3tY1f 319x2 5. Signature (Addressee) f. pddr4e is is Address(Only if requested yd fee paid) 8. Signature (Agent) C' 6-22-92 92-106A PS Form 3811,November 1990 •us GPO:lgei—ra7oee DOMESTIC RETURN RECEIPT 921019 9Z - rte jai a •) r, a,xSamba SENDER: • Complete items 1 end/or 2 for additional services. I also wish to receive the • Complete keme 3,and M e O. following services (for an extra ( • Print your name and address on the ravine of this form so that We can fee): return this nerd to you. • Attach this form to the front of the mallpiece,or on the back if space 1. O Addressee's Address does not permit. • Writs"Return Receipt Requested"on the mailpi•ce below the article number. 2. 0 Restricted Delivery • The Return Receipt Fee will provide you the signature of the person delivered to end the date of delivery, Consult postmaster for fee. 3. Article Addressed to: 4a. Article Number P 992 068 157 Margarette La Verne Evans Et Mb. Service Type `• Charles L. Evans, Jr. Heirs C1Registered ❑ Insured c/o Berthoud National Bank ® Certified ❑ coo Greeley, CO 80631 0 Express Mail O Return Receipt for Merchandise E., 7. Date of Delivery 5. Sign a (Addressee) �j ✓Uj� `` ressee's Address(Only if requested .'�// re ...d• _CR1fl ee is paid) Q Z t w/ vim.=,e.-' �,1 . Si ure Agent) �-?- % reel,22-92 92-106A PS For 11, November 1990 tat GPO:teel_ts7.ses DOMESTIC RETURN RECEIPT a 1 • -' tl, anus .'. •1 ] n, ul�e -• ENDER: • Complete items 1 and/or 2 for additional services. I also wish • Complete items 3,and M&b. to receive r the • Print your name end address on the reverse of this form so that we can fee): ng services (for en extra ee): • Attach this form to the front of the maiipiece,w on the beck if space 1.sloes not permit. O Addressee's Address • Write"Return Receipt Requested"on the meilpiece below the article number.• The Return Receipt Fee will provide you the signature of the person delivered 2. Restricted Delivery to end the data of delivery. 3. Article Addressed to: Consultpostmaster for fee. I 4a. Article Number P 992 '0`68 152 I Rutnam Farm Partnerships service type c/o Prime Management glistered ❑ insured I 4891 Independent Str et #14I °� it1Bd O coo I Wheat Ridge, CO 8003 #1OEx' ',Mail O Return Receipt for I M r h ndis I Otto v 5. Signature (Addressee) \ 8. A sea's Address(Only if requested .‘ end ee is paid) I IL Sip slurI op• 22-92 92-106A jPsForrn3a' em ?ie90— *us ofro:teal— Mae DOMESTIC RETURN RECEIPT I I I 921019 (r. qZ.( -.,_ r ENDE f .„,• k ,, I1 . t • Complete items 1 and/or 2 for additional services. 1 also wish to receive the • • Complete items 3.and te 8 b. following services (for an extra • Print your name and address on the reverse of this form so that we can feel: I return this card to you. • Attach this form to the front of the maiipiece,or on the back if space 1. ❑ Addressee's Address does not permit. • Write"Return Receipt Requested"on the meilpieea below the article number. 2. ❑ Restricted Delivery • The Return Receipt Fee will provide you the signature of the person delivered to and the date of delivery. Consult postmaster for fee. 3. Article Addressed to: 4a. Article Number • P 992 068 156 City of Greeley 'P 4b. Service Type 919 Seventh Street s Registered O Insured Greeley, CO 80631 4 pertified ❑ COD f' fs sees Mail O Return Receipt for Merchandise aellof Delivery 5. Signet re (Addra . Addressee's Address(Only if requested and fee is paid) f6. $iar��lra Agent) ,7"r�`l 6-22-92 92-106A PS Form 3811, November 1990 *U.S.GPO:teal-257-008 DOMESTIC RETURN RECEIPT • a 1 ,1 .. •I AU I, 'r ,t•2GA, :U7(.1 . tw'. ENDER: , • Complete items 1 and/or 2 for additional services. I oleo wish to receive the • Complete items 3,and de a b. following services (for an extra • Print your name and address on the reverse of this form so that we can fee):return this card to you. • Attach this form to the from of the magpies!,or on the back if space 1. O Addressee's Address does not pant. • Write"Return Receipt Requested"on the mailpiece below the article number. 2. O Restricted Delivery • The Return Receipt Fee will provide you the signature of the person delivered to and the data of delivery. Consult postmaster for fee. 3. Article Addressed to: 4a. Article Number P 992 DAR 153 4b. Service Type William & Dorothy Rodman 10 ,p ❑ Registered O Insured c/o Greeley National Banker emfl Certified , O COD P. 0. Box 1098 i Express Mail O Return Receipt for Greeley, COerchandise 0 80632 y} asset Date of Delivery.(ji 2 • ' 5. Signature (Addressee) 3 ig�8Qddressee's Address(Only if requested y a ttYY� and fee is paid) 6. Signature (Agent) ,( 6-22-92 92-106A PS Form 3811, Novo r 1990 i¢u.s.Gpo:1w1_2et•oee DOMESTIC RETURN RECEIPT J 921018 g2go&,¢ -3 o 'ado anua o do • SENDER: { • Complete items 1 and/or 2 for edditional services. I also wish to receive the 1f • Complete items 3.and de a b. following services (for an extra • Print your name and address on the reverse of this form so that we can return the card to you. feel: ' • Attach this form to the front of the mailpierce,or onthe beck if space 1. O Addressee's Address Iif does not permit. • Writs"Return Receipt Requested"on the rnailplece below the article number. • The Return Receipt En will provide you the tanning of the person delivered 2. Restricted Delivery to end the date of delivery. Consult postmaster for fee. 3. Article Addressed to: 4a. Article Number #eliefe• Wayne & Elaine Larson ✓ , 4br4 2 154 ce Type 3501 West F Street 4/41 if AD neepitered O insured Greeley, CO 80632 I S 4' 'tified ❑ coo I ■ •ress Mail O Return Receipt for Merchandise �'•� Delivery JUN i. Date f3 1912 I 5 Signature (Addressee) 8. Addressee's Address(Only if requested .6/ O � '� � and fee is paid) I 4/5. Si gent r PS Form 3811, November 1990 *U.s.opo:teel_� E2 Taaa 6 92PT DOMESTIC RETURN RECEIPT • F� • . II ENDER: ,- 'T _'r r! nu Ir ' ,1Anr .ug nl ":j .- l • Complete hams 1 and/or 2 for additional services. I also wish to items 3,and Se&b. receive the • Complete • Print your name and address on the reverse of this form so that we can following services (for an extra return this card to you.• fee): Attach this form to the front of the mallpiece,or on the beck a specs 1. O Add doss not permit.• 's Address Write"Return Receipt Requested"on themsibelow person article number. I• The Return ofdReceipt Fee will provide you the signature of the2 O Restricted Delivery to end the date of delivery. delivered 3. Article Addressed to: Consultpostmaster for fee. 4a. Article Number Elmer & Cecil Elliott F 992 068 155 4699 West F Street RE'C 4�b./yS,erv�ice Type Greeley, CO 80631 ��`�1 tered O Insured J lKied ❑ COD UN2 ress Mail O Return Receipt for / Merchandis / > 7. of Delivery ' dean 1 3 ( . Signature (Addressee) lf. Addressee's Address(Only if and fee is paid) requested 6. Signature (Agent) 6-22-92 92-106A PS Form , November 1890 Pus.GPO:t/et_y c& DOMESTIC RETURN RECEIPT • 921.019 •, 1 .1 :. . Aua • . . • . . • . . . %.`asst- i..«r . ENDER: I also wish to receive the • Complete items 1 and/or 2 for additional eeMces. • Complete items 3,and N&b. following services (for an extra • Print your name and address on the reverse of this form so that we can fee). return this card to you. • Attach this form to the front of the melpiece.or on the beck if space 1. O Addressee's Address does not permit. • Write-Return ReceiptR.questW on the meilpieca below the ankle number. 2. O Restricted Delivery • The Return Receipt Fee will provide you the signature of the person delivered to and the date of delivery. Consult postmaster for fee. 3. Article Addressed to: 4a. Article Num er p g P 992 06? 150 Boyd Freeman Die Ciapany 4b. Service Type C/o John Hi ckmal� an O Registered O Insured Western Mobile, 1*N Q Express f sd ❑ COD O Express ail O Return Receipt for P. 0. Box 215001° S Merchandise ' 7. Datteeof �cllu e Denver, CO 8022 5. Signature (Addressee) 8. Adee sated Ad es if requested and f is paid) 6. Si nature gent) !Il 6-22-92 92-106A PS Foic 1 at, November 1990 *U.S.. .GPO:UM DOMESTIC RETURN RECEIPT a ISENDER: • Complete hems 1 and/or 2 for additional services. I also wish to receive the • Campine items 3,end M e b. following services (for an extra • Print your name end address on the reverse of this form so that we con fee): return this card to you. • Attach this form to the front of the mailpiece.or on the back if specs 1. O Addressee's Address does not permit. ' • Witte"Rurn et Receipt Requested"thin sapi m cs below tad article number.'_• 2. O Restricted Delivery • The Return Receipt Fee will provide you the signature of the person delivered to end the date of delivery. Consult postmaster for fee. 3. Article Addressed to: 4a. Article Number Weld COunty Commissioners P 992 068 159 915-10th Street 4b. Service Type Greeley, CO �6 O Registered O Insured Certified ❑COD laJ Return Receipt I 1 Mo. O Express Mail O for tP3 Merchandise I 7. Date of Delivery 4i N 'JUN 2 3 19C I 6. Signature (Addressee) a M{! 8. Addressee's Address(Only if requested 1 = I and fee is paid) 6. Signa a-M _ 6-22-92 92-106A Form 1, November 1990 *sea GPO:1101-257406 DOMESTIC RETURN RECEIPT I I 921018 • • 9z l®ct a 1 t ado alWO o'8oiieao'au(l • SENDER: • I also wish to receive the kerns I act/or 2 for additional services. • Complete Items 3.and k&b. following services (for an extra • Print your Mme and address on the reverse of this form so that wean feel: return this card to you. • Attach this form to the from of the melpiece.or on the back if space '1. O Addressee's Address does not permit. • Write"Return Receipt Requested"on the mailplecs below the article number. 2. O Restricted Delivery • The Return Receipt Fee will provide you the signature of the person delivered to and the date of delivery. Consult postmaster for fee. 3. Article Addressed to: 4a. Article Number O P 992 068 150 .,o U 4b. Service Type Western Mobile, Inc.- ul O Registered O Insured P. 0. Box 215001 W ev 7 f cerdfiea ❑ COD Denver, CO 80632 v = O Express Mail O Return Receipt for W = Merchandise S ' 7. Date of eliver v y 5. Signature (Addressee) 8. Addres ee's Address(Only if requested and fee is paid) 6. ' ture 1 e tl 6-22-92 92-106A PS P0 C-38 ,November 1990 *u.s.GPO:tags—anaee DOMESTIC RETURN RECEIPT i. 921019 U a 0CT 2 " 1992 Wald County Planning BOYD IRRIGATION COMPANY Flatiron Commpanies P. 0. Box 229 Boulder, Colorado 80306 October 20, 1992 Mr. Keith Schuett Weld County Planning Department 1400 N. 17th Avenue Greeley, Colorado 80631 Dear Keith: This letter is confirmation that the Boyd Irrigation Company Veo the 83rd Joint nture Resource app a condition f licationfoarmining. We have oval be added t met several times with the applicant and its engineers and are in basic agreement with the plans of the applicant for relocating a portion of the j Boyd Ditch as it crosses their property.some relocated ditch, there isaent not yet aaQewrittenthe agreement between the applicant and the ditch company specifying the plans, Therefore,specifications, and conditions of the ditch relocation project. est that a written condition prior tod pprovalion of Docket No.ild 92 6o be that a written agreement signed by the irrigation company and the applicant be submitted to the planning staff prior to final approval of the 83rd Joint Venture Resource application. It is my understanding that you will condition request as one of the conditions to be consider t ed atstomorrow's public hearing. If that is the case, we will not appear in parson to make this request. Thanks for your help in this matter. Very truly yours,M2Cara' 8d McDowell President Post �-It^brand fax transmittal ,,.transmittal memo 7871 .ores•.. To ...,,. E �. i Dept. p phone l 499'1441 _r�7�I t4 4l R.M 35 I `^ `,..r !p�(J Fa.. 439 7p 7'.' Gt Z _. r r_ ...END... OCT 20 '92 11:41 pp #yP�ROC 001 J211J9 mEmoRAnDum Wilk To Keith Schuett to October 15 1999 COLORADO From Drew Scheltinta 1` Subject: 83rd Avenue Joint Venture USR-978 The Mined Land Reclamation Division has reviewed the application and brought to our attention mining is intended to begin 25' from the existing right-of- way. The Mined Land Reclamation Division's requirement is 100' from the right- of-way. The City of Greeley identifies "F" Street as an arterial with a future right- of-way of 100' . I recommend a reservation be shown on the plat 50' from the existing center line for future right-of-way and mining be allowed to begin 25' from that point. Therefore, mining would be allowed within 75' of the existing center line. This would be far less restrictive than the Mined Land Reclamation Division requirement but still reserves land needed for future right-of-way and allows extraction of the maximum amount of material. DS/pds:MKeith cc: File 83rd Ave Joint Venture USR-978 a 0CT 191992 0 Weld County Planning 921011 u �r WELD COUNTY, COLORADO JUN 2 2 1992 USE BY SPECIAL REVIEW APPLICATION for MINING PERMIT Wild County planning Weld County Department of Planning Services. 915 10th Street, Greeley, Colorado, Phone 356-4000, Extension 4400 For Department of Planning Services Use Only Case Number: deg 49-4-S Date Application Received: wiz" qz PC Hearing Date: 814 jq 2. Section: 3,5 , Township: (, North, Range: 46 t West Zoning District: -Aaf?icAkILI AL Recording Fee: Permit Fee: I cti IRecording Fee Receipt I: Receipt Number: v L1� ,_7 Application Reviewed By: S4G� To be completed by APPLICANT in accordance with procedural guide Requirements: 1 . I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission concerning a proposed sand R gravel (gravel, coal, borrowpit , etc.) mining operation for the following described unincorporated area of Weld County: LEGAL DESCRIPTION See Attached Exhibit"A" TOTAL ACREAGE: 124.0 2: Surface owner(s) of area of land described Name: 83rd Joint Venture Address: P. 0. Box 3173 Phone: 353-1654 Name: Address: Greeley, 80633 Phone: 3. Owner(s) of mineral rights to substance to be mined Name: 83rd Joint Venture Address: P. 0. Box 3178 Phone:353-1654 Name: Address: Greeley, 80633 Phone: 4. Source of applicants' legal right to enter and to mine on the land described: SPF Attached Exhibit "0" (Attached certified copy of any document noted to the back of this form) 5. Address of applicant and general office Applicants address: 141 N 45th Ave Greeley_8PA33 Phone: 303-454-1654 General Office address: Same Phone: 6. Identify any prior permits for mining held by applicant or a9ljrj�Zalois person: Bestway Paving Pit No. 1 "" � 7. Description of Operation a. Types and number of operating an processing equipment to be employed: Frnnt loaders-?, Scrapers-?. doers, graders excavator, crusher. screen plant. wash plant, asphalt batch plant, scale office, night watchman auarters, maintenance shop. b. Maximum number of employees: 8 , and number of shifts: 2 6a.rn. 9p.m. daylight c. Number of stages to be worked: 8 , and periods of time each is to be worked: Each phase will last approximately 2 years . d. Thickness of mineral deposit: 25 feet, and thickness of the overburden: 4 feet . e. This will be a wet/dry pit operation. Dry 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) : Site entrance/exit point will be on F Street, between 35th and 47th Avenue. Delivery points will be throughout Greeley and Weld County. 8. Description of Rehabilitation a. Proposed rehabilitation land use(s) : Large lot residential b. Source of technical advice for reclamation: Greeley Soil Conser- vation District, Colorado Department of Wildlife. c. Explanation of Reclamation Process: Areas for residential lots and all areas along the lakeshores will be backfilled to 3H.:1V slopes. Residential lots will be developed as shown on the attached map- page three of three (Exhibit "F") . 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 i/ STATE OF C Sri ra) a R3 .ro Signature: Owner/ thorized Agent Subscribed and sworn to before me this day of ' .n,c , 19E.g SEAL C> NOTARY PUB C • My Commission expires My Cotnm;ssrontxpresdwiyku,i995 ' .. _. 921019 SEMIS Sanaa MINS SUEM TUTTLE APPLEGATE, INC. Consultants for Land and Resource Development June 9, 1992 Mr. Chuck Cunliffe Weld County Department of Planning Services 915 Tenth Street Greeley, CO 80631 RE: 83rd J.V. Resource, 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 complete Regular Operations ( 112 ) application as administered by the Colorado Mined Land Reclamation Division. 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 out over a 12 to 20 year period. The minimum and maximum of this time span will depend on the health or slowness respectively of the local economy. The large lot residential scheme for the reclamation of the property will be consistent with proposed land uses of the Greeley Comprehensive Plan. When the reclaimed land is ready for development, we except annexation to the City so water and sewer service can be used. The lakes created by the mining operation will be for the personal recreation of the lot owners. The lakes will have a total surface area of 67 acres and will be fed by groundwater only. We will need to augment water due to the evaporative losses on the lakes. These plans are explained in detail in Exhibit G of the Regular Operation application. Sand and gravel mining and agriculture presently surround the property. 11990 Grant Street, #410 Telephone. (303) 452-6611 Denver, Colorado 80233 Facsimile: (303) 452-2759 921018 Mr. Chuck Cunliffe Weld County Planning June 9, 1992 Page 2 The application complies with the County Flood Hazard Overlay District regulations. The reclamation of the pit is proposed as lakes for private recreational uses. The creation of lakes as open space is encouraged by the County in floodplain areas. Later we will submit a Flood Hazard Development permit application. The proposed use is not located in a geologic hazard area or the Weld County Airport Overlay District area. 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 odd shape, small size, and urban location makes 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. 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 200 feet away. Considering this distance and the operating equipment being depressed in the pit, 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. With this many sand and gravel operations in existence around the proposed site, the area is accustomed to truck traffic and industrial uses. There are two residences adjacent to the permit boundary. One on the east end and one at the southwest corner. The proposed mining will maintain a 200 foot minimum setback from these residences. 921O11 Mr. Chuck Cunliffe Weld County Planning June 9, 1992 Page 3 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 230 days 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 of operation from 6:00 a.m. to 9: 00 p.m. ( daylight hours) seven days a week. These hours will vary due to daylight hours. It is expected the operation will employ eight workers on-site. Maintenance of vehicles and equipment will occur before and after regular working a week. 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 portable processing plant will be erected for use with the mining. A temporary asphalt plant may be needed on-site to accommodate any large jobs requiring large amounts of asphalt in a small time frame. The equipment used is delineated on the Use By Special Review application and in the attached Exhibit D. In order to minimize the visual impact of the operation, the mining is divided into specific small scale stages. These stages will limit the amount of disturbed ground. In addition, the reclamation will proceed concurrently with the mining. Immediately after the mining is completed in a particular phase the reclamation will begin, which includes the planting of trees. Phasing is shown on the attached Exhibit C. More trees will be re-established on the site than presently exist. Detailed reclamation plans are discussed in the attached Exhibit E and shown on Exhibit F. The pit is located in the floodplain as defined by the Federal Emergency Management Agency (FEMA) and shown on the Flood Insurance Rate Map (FIRM) . The entire site is shown in a zone designated as Zone AQ, "areas of 100-year shallow flooding where depths are between one and three feet; average depths of inundation are shown, but no flood hazard factors are determined" . The elevated railroad track functions as a barrier to flood flows. Only in large flood events will water back up into this site. The operator will comply with Section 52 and 26 of the Weld County Zoning Ordinance by applying for a Flood Hazard Development permit. 921018 Mr. Chuck Cunliffe Weld County Planning June 9, 1992 Page 4 Approximate sizes and locations of stockpiles, plant site, and material storage are shown on the accompanying Exhibits C and D of the MLRD application. With shallow water depths and very low velocities, the potential for stockpiled materials becoming buoyant and leaving the site is remote. 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 will lie within the Greeley Fire Protection District. The Regular Operations application Exhibit G 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 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 property deed naming 83rd Joint Venture as owner of the property and a letter giving Bestway Paving Company legal right to enter are included in the attached Exhibit 0, to demonstrate the applicant's interest in the property. Soils information is included in the attached Exhibit I . The soil does not pose any limitations to the proposed mining use. Cordially, TUTTLE APPLEGATE, INC. J Mtge Gary J. Tuttle GJT/cr Encs. cc: File #92-106A Carl Hill, Bestway Paving Company 921019 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. See Attached Exhibit A Subject Property 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. ____StdOCOgrt The foregoing instrument was subscribed and sworn to before me this IAN qday of \ v.rR , 19 9). , by � . WIT2'ESS my hand and official seal. My Commission expires My Commission Expires September 9, 1994 No ry Public 921018 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property See Attached Exhibit A STATE OF COLORADO ) es. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge, the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of minerals on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, from an ownership update from a title or abstract company, or an attorney. The foregoing instrument was subscribed and sworn to before me this qth day of 3 \A r•-IL 19 By C._0 0.)r y S- WITNESS my hand and official seal. My Commission expires: My Commission Expires Notary Publi 921018 83RD JOINT VENTURE 83RD J.V. RESOURCE APPLICATION FOR A MINING USE BY SPECIAL REVIEW PERMIT WELD COUNTY, COLORADO JUNE 1992 92101$ TUTTLE APPLEGATE, INC. Cornulten4 Iv Land end Re Dune Development 83rd JOINT VENTURE RESOURCE WELD COUNTY, COLORADO Applicant: 83rd JOINT VENTURE P. O. Box 3178 Greeley, Colorado 80633 ( 303) 353-1654 Prepared by: TUTTLE APPLEGATE, INC. 11990 Grant Street, Suite 410 Denver, Colorado 80233 (303) 452-6611 TA# 92-106 JUNE 1992 921018 r� Y OWNER'S POLICY OF TITLE INSURANCE ISSUED BY TRANSAMERICA TITLE INSURANCE COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS,TRANSAMERICA TITLE INSURANCE COMPANY,a California corporation,herein called the Compa- ny,insures,as of Date of Policy shown in Schedule A,against loss or damage,not exceeding the Amount of Insurance stated in Schedule A,sustained or incurred by the insured by reason of: I. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of aaess to and from the land. The Company will also pay the costs,attorneys'fees and expenses incurred in defense of the title,as insured,but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF,TRANSAMERICA TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed by its duly authorized officers,the Policy to become valid when countersigned by an authorized officer or agent of the Company. TRANSAMERICA TITLE INSURANCE COMPANY INfo,+y By: FYyl()iY/QJ ()Ai hi t'l✓/v->~ eCOIrORRr� r, �a r am By/ � Authorized Countersignature }E President 6 +r 71 Al" ! Attest: ^ /{A gtiroDAV t'dell" l , Secretary EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or(iv)environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. . (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Datc of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens,encumbrances,adverse claims or other matters: (a)created, suffered,assumed or agreed to by the insured claimant; (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c)resulting in no loss or damage to the insured claimant; (d)attaching or created subsequent to Date of Policy;or (e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. American Land Td le Association Owner's Policy(6-1$7) Face Page Valid Only If Schedule A. B and Cover Am netts Form 1141-41 TRANSAMERICA TITLE INSURANCE COMPANY POLICY OF TITLE INSURANCE SCHEDULE A Amount of Insurance: $ 151, 000.00 Policy No. : 8030283 Date of Policy: January 7, 1992 at 7:00 A.M. 1. Name of Insured: 83rd Joint Venture, a Colordo Joint Venture 2. The estate or interest in the land described herein and which is covered by this policy is: FEE SIMPLE 3. The estate or interest referred to herein is at Date of Policy vested in: 83rd Joint Venture, a Colordo Joint Venture 4. The land referred to in this Policy is described as follows: (SEE ATTACHED PAGE FOR LEGAL DESCRIPTION) 921018 TRANSAMERICA TITLE INSURANCE COMPANY Policy No. : 8030283 LEGAL DESCRIPTION That portion of Section 35, Township 6 North, Range 66 West of the 6th P.M. , County of Weld, State of Colorado, more particularly described as follows: Considering the West line of the SW1/4 of said Section as bearing South 1 degrees 09 minutes 16 seconds West with all bearings contained herein relative thereto. Beginning at the West Quarter corner of said Section 35; thence along the West line of said Section South 1 degree 09 minutes 16 seconds West 1038.27 feet to a point, said point bears North 1 degrees 09 minutes 16 seconds East 325. 00 feet from the Southwest corner of the N1/2 of the SW1/4 of said Section; thence parallel with the South line of the N1/2 of the SW1/4 of said Section South 89 degrees 31 minutes 58 seconds East 180. 00 feet; thence parallel with the West line of the SW1/4 of said Section South 1 degree 09 minutes 16 seconds West 325. 00 feet more or less to the South line of the N1/2 of the SW1/4 of said Section; thence along said South line South 89 degrees 31 minutes 58 seconds East 2571. 51 feet to the Southeast corner of the N1/2 of the SW1/4 of said Section; thence along the South line of the N1/2 of the SE1/4 of said Section South 89 degrees 32 minutes 00 seconds East 1826. 66 feet more or less to the West line of that certain parcel of land described in Deed recorded in Book 1608, Page 389 records of said County; thence along said West line North 0 degrees 15 minutes 00 seconds East 492 .88 feet more or less to the South Right-of-Way of the Colorado Southern Railroad; thence along said Right-of-way North 72 degrees 22 minutes 19 seconds West 4765. 15 feet more or less to the West line of said Section; thence along said West line South 1 degree 12 minutes 33 seconds West 535.75 feet to the point of beginning. Page 2 921fl19 EXHIBIT D MINING PLAN Eighty-Third Joint Venture Resource will be use by the operator as a source of sand and gravel to be mainly use in asphalt paving. Bestway Paving is the applicant and will be the operator while the property is owned by 83rd Avenue Joint Venture. The entire permit area includes 124 acres while the area to be mined is approximately 110-115 acres in size. The property is located East of the intersection of F Street and 35th Avenue on the West side of Greeley, Colorado. Mining on the property will commence at the East end an progress toward the West. As the operator reaches the groundwater table, the pit will be pumped dry and mined with front loaders. A total of eight phases are planned for the operation. We expected each phase to take about two years to mined and the entire property will take from 15 to 20 years to complete. Along with the mining, concrete reclamation will be used to minimize the amount of disturbed area at any given time. The operator intends to set back a minimum of 200 feet from the two houses which boarder the property. The set back from the right of way of F Street will be 25 feet. The operator will submit to the approval resolution from the Weld County Board of County Commissioners, which shall include permission to mine to 25 feet of the right of way. Prior to the commencement of mining, the operator will submit to the division written agreements with Bellweather Exploration Company and the Colorado & Southern Railway to mined within 200 feet of there structure. The Boyd Freeman Ditch transverse the property on the West end. Eighty-third Joint Venture owns approximately one-third shares of this ditch. This water will be utilized in the augmentation plan in the final annuls. By agreement with the ditch company, the ditch will be relocated around the west and northern mining perimeter. This agreement will be submitted to the division prior to the commencement of mining. As can be seen on Exhibit "C" , the property will be mined in eight phases. The equipment used to process sand and gravel will be portable in nature and be relocated every several years to a different plant site. The processing equipment will include a c'f/. 1 crushing and 41 materials and stockpile plfin shed ant with various conveyors A o trailer will iver raw will be located in the plant site as an office. In addition the existing house on the West side of the property may also be used as an office or storage area. A maintenance shop will also be located in the plant site area. 921018 Occasionally for specific large projects, an asphalt batch plant maybe moved onto the property to product asphalt. In this case, scales will be located with the asphalt plant. Either the existing house or the trailer may include a quarters for a night watchman. Motorize equipment in the mining operation will include, front loaders, dozers, scrapers, and excavators and haul trucks. Drinking water for the employees will be by bottled water at the job site. Sanitation will be provided by portable sandlite toilets. The material to be mined at the 83rd JV Resource is sand and gravel deposits along the Podure river. Information obtain from Borlags drilled on the property indicate the sand and gravel at the site vary in thickness from 11 1/2 to 18 1/2 feet and has an average thickness of 14 .3 feet. The site is overlayed by overburdened which varies in thickness from 2 1/2 to 6 feet and has an average of 4 feet in depth. The property is a commercial grade deposit and is suited for a wide range of construction uses including concrete an asphalt paving agreement. Generally groundwater was encountered at depth of 4 feet. The bedrock encountered in the drilling was a weather clay stone. The mining will result in a creation of lakes filled by and replentified by groundwater. The Bellweather Exploration pipeline will divide the water into two seperate lakes. A culvert will be installed in the dike surrounding the pipeline in order to regulate the water level in the up-stream lake. There is a possibility that during the 15 to 20 year time frame for mining, the oil and gas well will be exhausted and both the well and the pipeline will be abandoned. The total size of the water will be from 50 to 60 acres depending on the overburden and waste products available as fill. water rights purchased with a property will be used to augment for evaporation. Refer to Exhibit "G" for a full discussion on water. Due to the concurrent reclamation methods, the amount of stockpiles for topsoil will be minimized. The operators plan to handle as much of this material only one time. For example, the topsoil and overburden is being stripped for the mining phase to be mined, it will be immediately placed in it's final location in the previously mined shoreline. During the phase one mining, there will be no location to place the material so there will be several stockpiles surrounding the phase one mining areas. In addition topsoil overburdened will stored next to phase eight mining in order to finish the final reclamation here. Jurisdiction wetlands have been delineated on the site and this map was submitted and approved by the U. S. Army Corps of Engineers. The Mining Plan itself fills less than 1 acre of wetlands. A Nationwide 26 permit will be applied for. 921018 The sequence of mining is as follows: 1 . The topsoil overburden will be stripped separately and/or stored in a stockpile or placed on an area to be reclaimed. 2 . The plant site and Hall Road will be constructed. 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. 5. Precious material will be stockpiled as finished product and then hauled off the site. Due to the mining and phases in the concurrent reclamation. the entire site will not be disturb at one time. During any given year, there will be property being stripped in preparation of mining, property being mined, a plant site set up, and property under reclamation. In looking at Exhibit "C" , the areas of mining phase two and three are the largest. Therefore, for the purposes of calculating disturbance we will assume that mining is occurring in phase three while phase two, shoreline, is under reclamation. Therefore the disturbance associated with the mining is classified as follows: Major Disturbance Mining, Phase 3 14 .2 acres Topsoil Stockpiles, Phase 8 0.3 acres Overburden Stockpiles, Phase 8 0.7 acres Stripped prior to Mining, Phase 4 2.0 acres Moderate Disturbance Plant Site and Product Stockpiles, Phase 3 2 . 6 acres Haul Road 0. 8 acres Shorelines, Phase 2 1. 1 acres Minor Disturbance Reclaimed and Seeded, Phase 1 1.7 acres TOTAL DISTURBED ACREAGE 24.4 ACRES 921018 Generally the slopes of the mine will be mined at a one to one slope. An excess of overburden and waste materials will be used to back fill the slope to the final three to one configuration. The exceptions to this rule is when the final slope of the mine is coincidental where the wetland. Here the side slopes will be mine at a three to one configuration, thus avoiding the filling of any wetland site. 921018 EXHIBIT E RECLAMATION PLAN The final reclamation of the 83rd Joint Venture Resource will be for a large lot residential PUD. Two lakes with reclaimed shorelines will be left for private recreational uses with a total water surface of 67 . 1 acres. The mining plan calls for progressive reclamation of the property. This technique will minimize the total amount of disturbed acreage at any one time during the operation. The Table of Disturbance shows a proposed maximum amount of disturbance of 24 .4 acres at any one time during mining. There are some wetlands that will be excavated by the mining operation. Backfilling will cover no more than one acre total of wetlands area. Since this area will remain under one acre, this filling will fall under the Nationwide 404 Permit section 26. The reclamation sequence for the property will be as follows: 1 . Rough grade the shorelines. 2 . Replace overburden and topsoil and grade out. 3 . Drill seed cover crop in spring and seed permanent grass into mown stubble, - or - 4 . Drill seed permanent grass in fall and cover with mulch and crimp down. 5. Reseed grasses where necessary. Replacement of overburden and topsoil will be done in phases as outlined. The replacement will allow for material stripped from the next phase of mining to be replaced in the previously completed phase. This will minimize material handling and disturbance of stockpiled overburden and topsoil. The proposed post mining land use is compatible with surrounding land uses. Historically the area is zoned for agriculture, but now has many gravel quarries and residential subdivisions. The proposed reclamation plan meets the requirements of Rule 6 in the MLRD regulations as follows; E-1 921018 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. All backfilling will be completed in phases after mining is completed. 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. There are no drill or auger holes associated with this mining operation. All 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. E-2 921018 Topsoilinq 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 has passed through an area, non-marketable material and overburden will be replaced at an even depth of 6 to 9 inches along the shorelines and graded. Soil amendments are not proposed due to the organic nature of this topsoil. However, if they are determined necessary by the SCS they will be used to enhance plant growth. Revegetation The reclamation plan will revegetate all disturbed areas with appropriate seed mixes to minimize erosion, re-establish natural terrain, and create useable residential lots. Reseeding of the property will be done after topsoil is replaced in accordance with accepted planting practices. All grass seeds will be planted with a grass drill equipped with depth bands and press wheels. Seeds will be planted approximately one-half inch deep and will be drilled between November 1 and April 1 . The grass seed mix includes drought resistant varieties and will be planted either in early spring or fall to insure germination. Grasses planted in early spring should be warm season cover crops. The permanent grass seed should then be drilled into the cover crop in early fall without additional tillage. Grasses planted in the early fall will be permanent grasses and covered with straw mulch at a rate of 4000 lbs. per acre immediately following seeding. The straw will then be crimped into the soil to control erosion until the grass becomes established. Seed rate mixes and ratios are listed on the table immediately following this discussion. This information was provided by the SCS. 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. 921015 E-3 Clusters of trees and shrubs will be planted on the property during reclamation. (Plant clusters will consist of five trees and ten shrubs each. ) The trees and shrubs to be used will be selected from the following lists: TREES SHRUBS Willow Winterfat Cottonwood Snowberry Hackberry Native Plum Honey Locust Sandcherry Russian Olive Rabbit Brush Eastern Red Cedar Siberian Peabush Rocky Mountain Juniper Tatarian Honeysuckle Ponderosa Pine Sumac Scotch Pine Lilac E-4 921018 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. RECEIVED 11990 Grant Street, *410 Denver, CO 80233 MAR 1 919W 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, w � my Dwayne Newman Resource Conservationist Enc1:CO-RCS-5 cc:SCD File 921019 Form CO._FCS--_ ( Computer r t -_ T .S ..... :.lr• , . � L..:';. t._j..,) PRODUCER:�: Tuttle GRASSGRAS'- •�c�:-•,- �.;' RATE C ALCUL; )NS PLANNER: Newman a_r�•� ._�:�._.:...!._.,;. � ��. r..; � � DATE: 3/18/92 PART I : SEEI;rNG PLANNED CONTRACT OR AGREEMENT 4:none Field No. ttt._Rr G67 _.._.._..__________.___..._.__..._-. Acres: 1 .0 Irrigated: CIN No. : D _ylarsd: *:s:- • Pract. ND. : 550 Range Site: Pract., Name: Range Seeding Seedbed Prep. Seeding Operation : Method- Dates: Nov. 1 - Apr.30 Appr. Dates- Method-- Drill-- .. .. . Clean-tilled- Interseed- Firm Seedbed-*** Broadcast- Stubble- *** Drill Type- Grass • Interseed- Dri. l.l. Spacing_ 6-12" Other- Planting depth-- :I./4-1/2„ Fertilizer: Soil Test Weed Control : Pounds actual per acre (avail . ) Dates: Late May -- June Nitrogen : as needed Mowing_ *.**. Phosphate: as needed Chemical- . .,;;.* Potassium: as needed Type and Amount- Mulch: Kind- Native grass hay How 3 ;00 -•- 4000 ( 1b s/ac:) How Applied- spread HOW Anchored-crimped Anchor depth- •_s - 4 inches (7) SEEDING PLANNED: (3) (4) (5 ) (6) TOTAL.. PL.S ( 1 ) (2) PLS/ACRE OF PLS RATE PLANNED REQUIRED VARIETY SPECIES 8 101% MIXTURE PER ACRE ACRES FOR SEEDING Arriba Western WhtCr. 16. 0 45 7. 20 1 .0 7. 2 ! Niner >>i.deor_.ts r.^amp`! 9.0 1.0 �,0:.,,, -�•n G1 1 . 0 m. 9 Black:wel. l. Switr_hgrass 4. 5 15 0.68 :E .0 0. 7 SaltaIk: Alkali Sacaton 1 .5 15 0.23 1 . 0 0, 2 Common Gr. Neediegrass 10.0 15 1. . 50 1 . 0 1 . 5 1000 10. 50 10. 5 REMARKS: Above rates are for drilled seeding. If broadcast, double amounts shown in column five (5) , - If seed mixture is pre-blended, calibrate dr.:il ]. based on required seeding rate for the dominant species in the mix. Rates shown are per acre. 921018 REGULAR OPERATION (112) RECLAMATION PERMIT APPLICATION FORM The application for a Regular Operation Reclamation Permit contains three major parts: (1 ) the application form; (2) Exhibits A-S; and, (3) the application fee. When you submit your application, be sure to include five (5) signed copies of the application form , five (5) copies of Exhibits A-S, and a check for the application fee described under Section (14) on Page 3. To expedite processing, please provide the information in the format and order described in this form. e=ca=a v_ee-===__a==v==c=a==_caeca= c=ccac =va_esa_ see=s==ev==e=s== GENERAL OPERATION INFORMATION Type or print clearly, in the space provided, all information described below. s=_=a=v=e -=====.==-=== =a==ma= vase=====_-=e_====c=_ a____ 1 . Applicant/operator name: Bestway Paving Company 1 . 1 Type of organization (corporation, partnership, etc.): Corporation 2. Operation name (pit, mine or site name) : 83rd Joint Venutre Resource 2. 1 I .R.S. Tax ID No. or Social Security No. : 84-1047310 3. Permitted Acres: 124 Permitted acres Please indicate acreage to the nearest tenth (10th) acre. 3. 1 Application fee (see Section 14) : $1,875.00 Application fee 4. Substance(s) to be mined (e.g. , gravel/gold/borrow) : Sand and Gravel 5. Name of owner of surface of affected land: 83rd Joint Venture 6. Name of owner of subsurface rights of affected land: 83rd Joint Venture If 2 or more owners, refer to Exhibit P. 7. Type of mining operation: X Surface _ Underground 8. Location Information: the center of the area where the majority of mining will occur lies in: COUNTY: Weld PRINCIPAL MERIDIAN (check one) : X 6th (Colorado) 10th (New Mexico) Ute TOWNSHIP (write number and check direction): T 6 North South RANGE (write number and check direction) : R 66 _ East XX West SECTION (write number) : S 35 QUARTER SECTION (check one): NE NW SE X( SW QUARTER/QUARTER SECTION (check one): XX NE _ NW _ SE _ SW GENERAL DESCRIPTION: (miles and direction Approximately 1 mile Northwest of Greeley from nearest town and approximate elevation) 4670 feet Elevation 921015 -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 Company Street: 131 North 35th Avenue: P. 0. Box 3189 City: Greeley State: Colorado Zip Code: 80633-3189 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: Colorado Zip Code: 80233 Area Code: 303 Telephone: 452-6611 INSPECTION CONTACT Individual ' s Name: Carl Hill Company Name: Bestway Paving Company Street: 131 North 35th Avnue; P. 0. Box 3189 City: Greeley State: Colorado Zip Code: 80633-3189 Area Code: 303 Telephone: 353-1654 CC: STATE OR FEDERAL LANDOWNER (if any) Agency: N/A Street: City: State: Zip Code: Area Code: Telephone: CC: STATE OR FEDERAL LANDOWNER (if any) Agency: N/A Street: City: State: Zip Code: Area Code: Telephone: 921019 -3- 10. Primary future Cropland(CR) Pastureland(PL) _ General Agriculture(GA) (Post-mining) _ Rangeland(RL) _ Forestry(FR) _ Wildlife Habitat(WL) land use xy Residential(RS) Recreation(RC) Industrial/Commercial (IC) (check one) : _ Developed Water Resources(WR) _ Solid Waste Disposal (WD) 11 . Primary present Cropland(CR) Pastureland(PL) __ General Agriculture(GA) land use __ Rangeland(RL) _ Forestry(FR) Wildlife Habitat(WL) (check one) : — Residential(RS) _ Recreation(RC) _ Industrial/Commercial (IC) _ Developed Water Resources(WR) 12. Method of Mining: _ Quarry (QR) _ Solution (SO) 12a. Other: Briefly explain mining method (e.g. Placer, truck/shovel). Material will be excavated using front-end loaders and scrapers and screened and crushed on site. 13. On Site Processing: Solution (SO) _ Chemical (CH) _ Thermal (TH) _ Heap Leach (HL) _ Vat Leach (VL) 14. Application Fee: The application fee for quarry mining is $2,325. The application fee for solution mining or any chemical or thermal processing is $3,100. If none of these methods or processes are to be included in the operation then the application fee is $1 ,875. An applicant will not be issued a reclamation permit until notified by the Division that this application and the required performance and financial warranties have been approved. Alternatively, an automatic approval will occur where the Division fails to notify the applicant/operator that the application has been denied. The final agency action must be made within 120 calendar days from the date the application was submitted. However, the performance and financial warranties must be approved by the Division or Board before a permit will be issued even if you receive an automatic approval . NO MINING OPERATIONS SHALL BEGIN UNTIL A PERMIT IS ISSUED (Rule 7.2(2)) . It shall be a provision of this permit that the operations will be conducted in accordance with the terms and conditions listed in your application, as well as with the provisions of the Act and the Mineral Rules and Regulations in effect at the time the permit is issued. 921018 -4- Notice Requirements Immediately after the first publication of your notice in a newspaper of general circulation in the locality of your proposed mining operation, you must mail a copy of the notice to all owners of record of surface rights to the affected land and all owners of record of lands that are within 200 feet of the boundary of the affected land. Notice requirements are specified in Rule 2.2. A copy of a form which includes all required information for the notice has been attached for your use. You will need to provide the Division proof of notice prior to the decision date, which may be by submitting return receipts of a certified mailing or by proof of personal service (Rule 2.2.2(6)) . NOTE TO COMMENTORS/OBJECTORS: It is likely there will be additions , changes, and deletions to this document prior to final decision by the Mined Land Reclamation Board or Division. Therefore, if you have any comments or concerns , you should contact the applicant or the Division prior to the decision date so that you will know what changes may have been made to the application document. The Division is not allowed to consider comments, unless they are written, and received prior to the end of the public comment period. You should contact the applicant for the final date of the public comment period. If you have questions about the Mined Land Reclamation Board and Division' s review and decision or hearing process, you should contact the Division at (303) 866-3567. As an authorized representative of the applicant, I hereby certify that the operation described herein has met the minimum requirements of the following terms and conditions: 1 . This mining operation will not adversely affect the stability of any significant, valuable and permanent man-made structure(s) located within two hundred (200) fee of the affected lands. However, where there is an agreement that damage to the structure is be be compensated for by the applicant/operator (C.R.S. 34-32-115(4)(d)) , then mining may occur within 200 feet. Proof of an agreement must be submitted to the Division prior to the decision date. 2. No mining operation will be located on lands where such operations are prohibited by law (C.R.S. 34-32-115(4)(f)) ; 3. As the applicant/operator, I do not have any mining/prospecting operations in the State of Colorado currently in violation of the provisions of the Mined Land Reclamation Act (C.R.S. 34-32-120) as determined through a Board finding. 921018 -5- 4. I understand that statements in the application are being made under penalty of perjury and that false statements made herein are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503, C.R.S. Signed and dated this y/ day of T, r . /9 9 L • critc,, �7 (0 entirg,Xpplicant/Operator If Corporation Attest (Seal ) By: By: A. Title: C rporate Secretary or Equivalent Town/City/County Clerk State of (7), „e ei, ) ) ss. County of ZueLl ) The foregoing instrument was acknowledged before me this S day of -I4-,,,r by 0144/1, / , a'r. as fees, I,./ of les/ wu �v;,,.` C o. • (lotary Public I . . My Commissontxpues Judy du, w My Commission Expires: (08/91 ) 2823F 921018 EXHIBIT A LEGAL DESCRIPTION That portion of Section 35, Township 6 North , Range 66 West of the 6th Principal Meridian in the County of Weld, State of Colorado more particularly described as follows : Considering the West line of the Southwest Quarter of said Section as bearing South 1°09' 16" West with all bearings contained herein relative thereto. Beginning at the West Quarter corner of said Section 35 ; thence along the West line of said Section South 1"09 ' 16" West 1038. 21 feet to a point , said point bears North 1 "09' 16" East 325.00 feet from the South- west corner of the North Half of the Southwest Quarter of said Section ; thence parallel with the South line of the North Half of the Southwest Quarter of said Section South 89°31 '58" East 180.00 feet ; thence parallel with the West line of the Southwest Quarter of said Section South 1°09' 16" West 325.00 feet more or less to the South line of the North Half of the Southwest Quarter of said Section ; thence along said South line South 89'31 '58" East 2571 . 51 feet to the Southeast corner of the North Half of the Southwest Quarter• of said Section ; thence along the South line of the North Half of the Southeast Quarter of said Section South 89'32'00" East 1826.66 feet more or less to the West line of that certain parcel of land described in Deed recorded in Book 1608, Page 389 records of said County; thence along said West line North 0'15 '00" East 492 .88 feet more or less to the South Right-of-Way of the. Colorado Southern Railroad; thence along said Right-of-Way North 12"22 ' 19" West 4765. 15 feet more or less to the West line of said Section; thence along said West line South 1 °12 '33" West 535. 75 feet to the point of beginning. Move described parcel contains 124.180 Acres more or loss. 921019 EXHIBIT B R66W ) % v - o • ��- �\ 4691 I / I Po ��°vC� t . d c �•• 4668• °CACHE • 19 S � �,,\ V1 �� / J . S 4685 • HFRti I%a6 lII ,k iv :F, `rn " , ss SITE, LOCATION 36 ,w 34 �... C Svv 1•�� 4663 haw f`k�.6. . n, • • °T� oan° 4664 I� " F STREET �" iii ; T6N -— off a� w �� spn, w � ed >iizo >x I X41 _./�� —_____ _ Q I:Trailer I T5N Its Q> $ -% Park uk � x x ^yo ___Jf kI . Gravel % 0,,...R E<e'` Traded r . JP Fi % j I r \ A6B0_ i \- \\v� 1 A % I- 6 el d �l 11 J .11 Lyq N • 4721 • °� a J 1 . 1 1O l4 f • •' ■1Alenk i VT sr III p ^ rve I n_ .• i F v: . IU I t • r s la' _ �� srr T r� p v is . frrs EY co 4O �+__'ub l _ 0 2000 mama 1'..20 N 2 TUTTLE APPLECATE, INC. VICINITY MAP 4.-÷= Consultants rat Land and mamma Develepm°et 11990 Grant Street, Suit 4 b 18 p .. rc Denver, Colorado 8023.8 13031452-6611 EXHIBIT G WATER INFORMATION Introduction The 83rd Joint Venture site is located in the lower Cache La Poudre River basin. The property is located in a valley fill deposit created by the river. The proposed operation will impact the surrounding area due to the mining operation and the proposed reclamation. However, these impacts are temporary, of minor consequence, and can be mitigated to not injure surrounding property owners. The proposed mining operation will create two lakes of 67 . 1 acres. The reclamation plan will leave unlined lakes that will be hydraulically connected to the alluvial aquifer. This reclamation will create an evaporative loss to the groundwater which is a consumptive use. The operator proposes to use existing water rights attached to the property as an augmentation source. The operator will obtain an approved augmentation plan through the Colorado Water Court system. This augmentation plan will mitigate any injury created by the reclamation. Surface Water The proposed operation is located in the lower part of the Cache La Poudre River basin. This basin is approximately 1, 800 square miles in area and covers a major part of Larimer and Weld counties. There are approximately 250,000 acres of irrigated lands upstream of the site and numerous diversions for municipal and industrial uses. There are five major reservoirs at the headwaters of the Poudre River. The average discharge at a gaging station located nearby in Greeley, Colorado indicates an average instantaneous flow of 132 cfs and an average annual basin yield of 95,630 acre-feet. The maximum discharge at the gage was recorded on June 14, 1983 at a peak of 6, 360 cfs. The minimum discharge was recorded on October 3, 1946 at 0 .8 cfs. In summary, this river is one of the most controlled and used rivers in the United States. By the time it gets to the proposed mining site, it has been tremendously altered from historic (pre- settlement) conditions. G-1 921018 Groundwater The proposed operation is located in the shallow alluvial sands and gravel of the Poudre River. This aquifer consists of clays, silts, sands, and gravel that have been washed downstream from the Poudre headwaters. These deposits are listed by the USGS as Pleistocene and Holocene in age. Probable well yields from an unconsolidated alluvial aquifer in this area are estimated to be less than 500 gpm by the USGS. The depth to the water table is estimated to be less than five feet on this property under average conditions. The property will be mined as a dry mine. This requires dewatering the aquifer at the mine site through the use of dewatering pumps. The proposed dewatering operations will create a cone of depression in the groundwater table which could impact nearby owners of shallow alluvial wells. Figure G-1 shows the location of all permitted and decreed groundwater wells in the area within a 4 , 000 foot radius of the property. No wells are shown to the north of the Cache La Poudre River. The river will form a hydraulic barrier to any drawdown and thus prevent injury to wells on the north side. A pump test of the alluvial aquifer was done in Section 34 up- gradient of the proposed mining site. This test is shown in the Colorado Groundwater Circular No. 11 published by the Colorado Water Conservation Board in 1965 . The results of this test show a yield of 460 gpm. The permeability of the well was measured at 3, 100 gpd per square foot and the transmissivity was estimated to be 120, 000 gpd per foot. The results of this test are considered to be representative of most wells in the area. The area surrounding the mining site is geologically complex. The Laramie-Fox Hills Aquifer ends within a few miles of the site. However, the USGS has identified both the Laramie and Fox Hills sandstone formations to the north. This would indicate the alluvial aquifer in this area is underlain with this formation. The Lone Tree terrace deposit also comes in from the north and joins in this vicinity. Existing mining operations in the area have identified a thick clay layer that separates the alluvial aquifer from these other formations. In some locations upstream of this site, there have been reports of a secondary alluvial deposit that underlies the alluvium and the clay seam. This may be a part of the Lone Tree deposit. G-2 921018 A major portion of the recharge to the groundwater table in this area comes from irrigation return flows. Almost the entire flow of the Poudre River consists of return flows during the irrigation season. The groundwater is of poor quality with high nitrates and possibly pesticides from agriculture and municipal sources. The dewatering operation will lower the groundwater table by 12 to 15 feet at the pit. The State Engineer's tabulation indicates there are permitted wells in the southeast and southwest corners of the project. This could potentially place wells within a few hundred feet of mining. The cone of depression should cause a lowering of the groundwater table in the range of 8 to 12 feet at this distance. The depth of the aquifer ranges between 15 to 30 feet in this area. The wells are generally drilled to this depth, although the permit records indicate very shallow wells also exist. These wells, if they are currently being used, will almost certainly be impacted. However, the proposed monitoring and mitigation plan proposed will adequately protect the interests of these well owners. Water Rights The operator holds 240 shares in the Boyd and Freeman Ditch which is located on the property (See Exhibit C) . This ditch is also held by the Western Mobile Companies on their adjacent mining properties. A total of 993 shares of stock exist for this ditch company. The ditch historically irrigated approximately 80 acres of crop lands on the proposed mining site. Present information indicates that irrigated pasture and haylands were the primary use of the property. The annual consumptive use of this crop would be approximately 1.7 acre-feet per acre. This would give a consumptive use of 136 acre-feet available for the historically irrigated lands. This amount may change depending on the final decree of the water court. The following consumptive uses are estimated for the mining and reclamation of this project: Wash Water The plant that will operate will have a capacity to pump 1500 gpm for wash waters. These wash waters will be used to remove -200 fines and will be recycled through settling ponds. The majority of the losses are incurred in the residual moisture left in the material once it is stockpiled. G-3 921018 Wash water losses will be incurred from the evaporative losses in the plant and the sediment ponds. There will be three cells to the ponds with a total exposed acreage of approximately 0.7 acres. The net evaporation from the ponds would require 2 .5 acre-feet of replacement water. Minor losses through the plant that did not recharge the groundwater would probably account for an additional 0 .5 acre-feet which would increase total wash water consumptive use to 3. 0 acre-feet. Dust Control There are approximately 1,950 linear feet of haul road that will be constructed on the property. This road will be watered during the spring, summer, and fall seasons when required as part of the Colorado Department of Health APEN. It is estimated the road will be watered approximately two times per day on the average using a water truck with spray heads. The application rate is approximately 1/8 inch per square foot. This equates to 0 .02 acre-feet per day for a 24 foot wide road of this length. The average season will be approximately 140 days per year. The estimated total water consumption for dust control is calculated to be 3. 1 acre-feet per year. Moisture Loss in Materials The proposed mining operation will excavate at a maximum between 200 , 000 to 300, 000 tons of material per year. The average material moisture content for stockpiles has been calculated to be 4% from a City and County of Denver study. This study has been used in the approval of mining permits in the past across the state and is assumed to be reasonable. If the maximum amount of material is moved, a 4% water content equates to 8.83 acre-feet. Evaporative Loss from Lakes The net evaporative loss for a reservoir located in the Greeley area would be in the range of 2 .5 acre-feet per acre. Assuming minimal credit for historic consumptive use of vegetation, this would equate to allowing 54 acres of lake surface to be exposed. At present, the operator is planning on a project larger than this size which indicates that at the end of mining additional water for covering evaporative uses is needed. The evaporative loss from the reservoir would only occur after the project has been mined, reclamation has been completed, and the dewatering activities have been suspended. Therefore, these evaporative losses will not be incurred during mining. The owner has committed to acquiring additional rights to cover any lake exposure proposed that is larger than 54 acres. G-4 921019 It is proposed at present the water rights be allowed as sufficient for the 54 acre project and a stipulation placed on the mining that a lake surface greater than 54 acres cannot be exposed until the operator provides proof of additional water rights to cover the mining. The permit is binding on an operator to comply with Colorado Water Law so this should provide adequate protection to the State. There will be some slight evaporative losses incurred from the dewatering trenches. This amount is less than one acre-foot and will be covered in the dewatering well permits that have to be obtained from the State Engineer's Office. In summary, the total consumptive use losses during mining will be 14 . 9 acre-feet per year and the post reclamation consumptive uses will be approximately 167 . 8 acre-feet. $tormwater Runoff The majority of contaminants that occur from a sand and gravel mine are either sediment, oil or grease. The proposed mining operation will use the following measures to protect the area from pollution due to stormwater runoff. Topsoil and overburden stockpiles will be located in general alignment with the Poudre River to minimize erosion during a major flood. Small erosion control ditches will be carved around each stockpile to contain any minor erosion that may occur. Straw bales will be staked in minor swales that outlet from the property to any drainage ways. Internal drainage from the property will be routed to the open pit and the dewatering trenches. This water will then run through the dewatering pumps to sediment control ponds and finally will be discharged to the Poudre River. Oil and grease occurs mostly from equipment stored on site and fuel storage. The operator will have an approved materials containment plan in place for all above ground storage of fuels. No underground storage of fuel is planned. In addition, equipment will be stored in a maintenance yard. Oil and grease will be controlled through maintenance of equipment, and the use of drip pans for oil leaks prior to repair. Discharges from the property are required to meet the standards of the NPDES permit. All waste oil will be hauled from the property and disposed of at licensed facilities. G-5 921019 Wetlands The property has been walked and mapped by a qualified wetlands technician. The results of this mapping have defined four specific types of wetlands that would be classified as jurisdictional wetlands using present criteria. This is not to say the criteria did not change during the preparation of this report. However, assuming nothing has happened in the past week, there is an area of an intermittent creek and three areas of depressions. The proposed mining plan calls for filling a total of 0.91 acres of wetlands which should meet the requirements of a Nationwide 26 permit. The operator will obtain any necessary permits from the Corps of Engineers prior to beginning mining. point of Compliance The proposed mining operation is a standard sand and gravel operation which does not propose any exotic mining methods or processes. There is a minimal probability that any of the proposed operations would cause any pollution of the groundwater. The water quality of the aquifer does not currently meet drinking water standards, based on past tests run by the USGS. Therefore, the operator does not propose to do any water quality monitoring. No point of compliance should be required for this project. Monitoring of Impacts to Well Owners The proposed operation will have monitoring wells located on the site to determine the drawdown of the water table at the property line. These wells are primarily located along the south line of the property where impacts should be greatest. Gravel mining is currently being done between the operation and the Poudre River. This area is already dewatered and will not be impacted by the mining. The monitoring wells will be two inch slotted PVC pipe specifically designed for monitoring applications. It will be installed to a depth at least as great as the mining in the area. Readings will be taken on a bi-monthly basis (twice per month) prior to mining starting. Once mining has started, the readings will continue at this rate for a period at least six months past the start of dewatering. Additional readings will be taken at the well heads of landowners that give permission to 83rd Joint Venture for measuring water levels. If the drawdown is not severe enough to cause well owners problems, then readings will be reduced to once per month. All readings will be submitted as part of the annual report to the MLRD. G-6 921018 If monitoring indicates that well owners are being damaged, then the operator will begin measures as described in the mitigation section of this exhibit. Mitigation of Impacts to Well Owners The proposed operation may impact some well owners in the area during the mining. The operator proposes to implement the following program of monitoring and mitigation to protect adjacent well owners. 1. A series of five monitoring wells will be installed prior to excavation beginning on the site. Groundwater levels in the area will be read on a bi-monthly basis for the first six months. If water levels appear to be stable, then readings will be reduced to once a month. 2 . 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. 3. Once mining and dewatering has started, groundwater levels are expected to drop. If the monitoring program indicates 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. G-7 921018 T )) .;; 1~ I <,./ r� Ali I° .... O o,., , ., , ....... 7- „( CI l �� 11 R6 W �.E , . A(,.- / , A, , ... - . ..z x - \i„, , :,• : , ,:..›,,,. .. . .,,,,- -7,. . \ — ,34,,..____, cc.. u". . _____ .., U 0.....•�/%. D ■� o .• i ;i ~' °• w J o �, O J �� f, ,Z1 * hhhh"hh' rnunn (M 1 ;tggr . ��JJ o r--l r�� 1. ' M O T O ••� •�,,„ �� „ J W o0 • • •• • „, .." ---,,,,,,,,--- ' . < fr x_c.)1 Ft: e i. 0- - ---- , __,..-...._ -/ /./:' .,. : ° O ++y h ° Q W ui �, • - O i �'s N V • r / Po• n .......... • < w o 1 , i• T �y f w p •! ca ♦ J N 'O y i f-• a a m o • o S ._:. W -J ♦ L q o .D r Ma 6. i 1 i (,, cj /p1111110ENNEMEL„,,,,,,,,t, c° ‘, .._ fi 1 .:.�. -3AV HI9 •- IN��II / r 00 1• N / o" T �y� , a y yy�� V /4.(_.y • '^ � W .; ( ql • �� 0 ��— t );/ ',.i.; ')'--) -,---7/6./tV. ',0,.,1 .C:':[:;r-Ht 'fr'./''\))1\ t ''l , Tii- i:40 i!,'''ityitd ,.,;'!!!! Li) , z� �100 O i ' �h _ i MP' ppg N O U T �0 IO 1 ►.. 2 lk ,�( L. / i. ,1,,„.t, - i -- I 1 piak. $ �f _,I �� \)L/' © p e .;� A � .₹ t � t 4. II '. 1 l: r2, o U Q t • �I .1 3 4 e ( �' Abp lULb (1-:)/. O O 0 Q a I 4 ' \I__: I ,,,--.--z _ ( _ci._., , ) C) es j D f ' I' • vie - (7 ( a- Wj 69� nrr r ,.. sta ' 0 OCt 7 ► -r'\ z z�� e _ _- / ----' J BESTWAY ASPHALT COMPANY 09-Jun-92 83rd JOINT VENTURE prepared by: TUTTLE APPLEGATE, INC. TABULATION OF PERMITTED AND DECREED WATER WELLS TOTAL DEPTH TO WELL PERMIT SECTION 40 ACRE DEPTH WATER YIELD NO. WELL NAME NO. PARCEL NO (FT) (FT) (GPM) 35668 DONALD HARSH 1 1 20 6 20.0 9870 ADOLPH SCHAFER 1 2 123 5 1 .0 14391 ALVIN KRAUSE 1 2 29 8 16.0 15830 ALVIN KRAUSE 1 2 90 8 3.0 122954 TERRY AND JUDITH KIEFER 1 2 42 9 30.0 39147F VILLA WEST MOBILE ESTATES 1 3 28 9 30.0 39148F VILLA WEST MOBILE ESTATES 1 3 28 9 30.0 91222VE VILLA WEST MOBILE ESTATES 1 3 91223VE VILLA WEST MOBILE ESTATES 1 3 48187 SHOPE AND ROBERTS RENTALS 1 3 21 6 15.0 48188 BROOKS WELL 2 1 3 30.0 48188 SHOPE AND ROBERTS RENTALS 1 3 23 6 15.0 14463R ANNA AND WAYNE RUYLE 1 4 13 400.0 14464R ANNA AND WAYNE RUYLE 1 4 37 27 300.0 14465R ANNA AND WAYNE RUYLE 1 4 41 5 400.0 97835 R.W. BABCOCK 1 5 50 25 15.0 6065R ORMAN RUYLE 2 4 22 10 600.0 43419 DICK WESER 2 7 40 33 5.0 862AD HERTZKE FARMS 00. 3 4 WESTERN MOBILE GRAVEL PIT 34 1 75772 ROBERT DREWER 34 1 47 5 15.0 43620 OSTRANDER WELL 34 8 24.7 43620 THOMAS AND MARY L. STEVENS 34 8 33 8 24.0 35908 CANZONA E HOUSE 34 9 12. 1 35908 DORIS HANKS/SHERRY LIZOTTE 34 9 35 8 16.0 126952 CANZONA W HOUSE 34 9 12. 1 ' 126952 DORIS HANKS 34 9 35 12.0 132840 BEN AND TAMBOR WILLIAMS 34 10 30 5.0 118815 H DIETERLE 35 1 5846R HARRY DUVALL 35 5 49 6 1100.0 51654 ELMER D. ELLIOTT 35 9 52 7 15.0 105597 LAVERNE EVANS 35 9 30 9 25.0 470AD HARRY DUVALL 35 11 LARSON WELL 1 35 12 9.0 LARSON WELL 2 35 12 18.0 3597F OSCAR POERTNER 35 12 33 11 50.0 78370 GREELEY SAND AND GRAVEL 35 12 58 18 15.0 78858 WAYNE LARSON 35 12 37 17 15.0 13952R THEODORE PUTNAM 35 15 8 3 600.0 13952 PUTNAM WELL 1 35 15 500.0 5846R COWAN WELL NO. 5846R 35 16 1000.0 FLATIRON PAVING COMPANY GR 36 12261F FLATIRON PAVING COMPANY 36 1 61 10 150.0 921018 BESTWAY ASPHALT COMPANY 09-Jun-92 83rd JOINT VENTURE prepared by: TUTTLE APPLEGATE, INC. TABULATION OF PERMITTED AND DECREED WATER WELLS TOTAL DEPTH TO WELL PERMIT SECTION 40 ACRE DEPTH WATER YIELD NO. WELL NAME NO. PARCEL NO (FT) (FT) (GPM) FLATIRON PAVING SUMP L-13 36 2 4160.0 13951R CHARLES PULLIAM 36 5 39 8 700.0 14514R ECHO FARMS INC. 36 5 42 6 400.0 14515R ECHO FARMS INC. 36 5 42 6 500.0 14514 FLATIRON PAVING WELL 20 36 5 155.0 14515 FLATIRON PAVING WELL 19 36 5 132.0 34280 MARY ANDRE 36 5 20 10 50.0 39822 JOHN OCHOA 36 5 23 4 20.0 40672 NEIL AND DOROTHY HARMER 36 5 21 6 50.0 122097 TIM THISSER 36 5 40 12 15.0 FLATIRON PAVING WELL 21 36 6 444.0 111958 C E ERICKSON 36 6 FLATIRON PAVING WELL 22 36 9 304.0 FLATIRON PAVING WELL 23 36 10 15.0 132400 RAMSEIER, MARJORIE 36 10 25 6 30.0 ALLISON WELL 1 36 11 30.0 25555 HAROLD ARMBRUSTER 36 11 24 7 24.0 34280 MARY ANDREE 36 11 40 11 35.0 REFER TO FIGURE G-1 FOR WELL LOCATIONS BY 40 ACRE PARCEL. 921015 __.- -- PAP,F 9 EXHIBIT H WILDLIFE INFORMATION Wildlife information has been requested from the Colorado Division of Wildlife. This information will be forwarded to MLRD when it becomes available. 921018 EXHIBIT I / • 27 52 ?. " ` n) 23 24 a8 32 S1 ' 34 5 76 I 52 . : - 51 24 2q 33 41 ♦ is 1q ' 42 .'yx ri5 a _53 _. _3/4. 32 I 51 39 ' _'•trs.. , A .Mr! kY, E r� _ v Co 0440° 1 - s`. •F . . - 3 .s 't r �� IC 3 di .iikss,F, a • ! iR 'w so ta, 0: ' 3 35 C ' SITE LOCATION , 0 } Y'f _ � ��uo 4 0 9 44 v . }c 333 i•i .4, t a°U>yeRN e jam! a 1 ,g �F g Ne 21 '. !R e1 Tiro 3 » y 'Ila A ' � 3 F STREET 4-- 51 ill . siii 3 13 ..t _ 41 *5 ~�• 'rqJ� dr' Yy.. 1 �• a 68 68 s' rr, 77 I.IJ ' a1 i 52 .53 e> 5; W 6 �,�\at ,-. 4 �; r . 52 51 68 _ , 50 .11 p 51 51 Q .•. 52 52 X I = 51 CO 52 g 52 �_ ' ,, 2 bra a. 4t.. 3 z 1q7 r s ' .. .. 51 76 { T ,., 471. ] 13 53 52 +►r .j w 4 52 ..1-' x' 4 x : v,7 f u :6. 13 t ,52 40 5 } t k;;7 r' r .w.Y 1' 43.srd- , rr ee } r. i` vial 0 2000 /ice ..._ V..20 \-N-� J WILL for APPLECATE, INC. SOILS MAP = 1199nu Irland and Suite l410 11990 Grant Street, S,upite�74e.1�0 O —I -#. Denver, Colorado 802339 018 3031452-6611 LD COUNTY, COLORADO, SOUTHERN PART 3—Aquolls and Aquents, gravelly substratum. This 41—Nunn clay loam, 0 to 1 percent slopes. This is a nearly level map unit is on bottom lands and flood plains deep, well drained soil on terraces and smooth plains at of all the major streams in the survey area. Aquolls, elevations of 4,550 to 5,150 feet. It formed in mixed allu- which have a dark colored surface layer, make up about vium and eolian deposits. Included in mapping are small, 60 percent of the unit. Aquents, which have a lighter long and narrow areas of sand and gravel deposits and colored surface layer, make up about 35 percent. About 5 small areas of soils that are subject to occasional flooding. Some small leveled areas are also included. percent is Aquepts and Bankard sandy loam. These are deep, poorly drained soils that formed in Typically the surface layer of this Nunn soil is grayish recent alluvium. No one pedon is typical. Commonly the brown clay loam about 9 inches thick. The subsoil is light soils have a mottled, mildly alkaline to moderately al- brownish gray clay loam about 14 inches thick. The upper part of the substratum is clay loam. The lower part to a kaline loamy or clayey surface layer and underlying material and are underlain by sand or sand and gravel depth of 60 inches is sandy loam. within 48 inches. In places they have a gleyed layer in the Permeability is moderately slow. Available water underlying material. capacity is high. The effective rooting depth is 60 inches Most of the acreage is subject to flooding. The water or more. Surface runoff is slow, and the erosion hazard is low. table is at or near the surface early in spring and recedes This soil is used almost entirely for irrigated crops. It to as deep as 48 inches late in fall in some years. These soils are used for rangeland and wildlife habitat. is suited to all crops commonly grown in the area, includ- Some small areas have been reclaimed by major drainage ing corn, sugar beets, beans, alfalfa, small grain, potatoes, and leveling and are used for irrigated crops. and onions. An example of a suitable cropping system is 3 The potential native vegetation is dominated by alkali to 4 years of alfalfa followed by corn, corn for silage, sacaton, switchgrass, and western wheatgrass. Saltgrass, sugar beets, small grain, or beans. Few conservation prac- tices are needed to maintain top yields. sedge, rush, and alkali bluegrass are also prominent. All methods of irrigation are suitable, but furrow ir- Potential production ranges from 3,000 pounds per acre in rigation is the most common. Barnyard manure and corn- favorable years to 2,000 pounds in unfavorable years. As mercial fertilizer are needed for top yields. range condition deteriorates, the switchgrass, alkali Windbreaks and environmental plantings of trees and sacaton, and western wheatgrass decrease and saltgrass, I shrubs commonly grown in the area are generally well sedge, and rush increase. suited to this soil. Cultivation to control competing Management of vegetation should be based on taking vegetation should be continued for as many years as half and leaving half of the total annual production. Seed- possible following planting. Trees that are best suited and ing is difficult and costly because numerous tillage prac- have good survival are Rocky Mountain juniper, eastern tices are required to eliminate the saltgrass sod. redcedar, ponderosa pine, Siberian elm, Russian-olive, and Switchgrass, western wheatgrass, alkali sacaton, tall hackberry. The shrubs best suited are skunkbush sumac, wheatgrass, and tall fescue are suitable for seeding. They lilac, Siberian peashrub, and American plum. can be seeded into a clean, firm seedbed. Seedbed Wildlife is an important secondary use of this soil. The preparation usually requires more than 1 year to cropland areas provide favorable habitat for ring-necked eliminate the saltgrass sod. A grass drill should be used. pheasant and mourning dove. Many nongame species can Seeding early in spring has proven most successful. be attracted by establishing areas for nesting and escape Wetland wildlife, especially waterfowl, utilize this unit. cover. For pheasants, undisturbed nesting cover is essen- The wetland plants provide nesting and protective cover, tial and should be included in plans for habitat develop as well as some food. The nearby irrigated cropland, ment, especially in areas of intensive agriculture. where wildlife obtain much of their food and fmd protec- This soil has fair to poor potential for urban develop- ' tive cover, makes this unit valuable to both wetland and ment. It has moderate to high shrink swell, low strength, openland wildlife. and moderately slow permeability. These features create Openland wildlife, especially pheasant, use this unit for problems in dwelling and road construction. Those areas cover and nesting. Deer find excellent cover in some that have loam or sandy loam in the lower part of the areas. substratum are suitable for septic tank absorption fields These valuable wildlife areas should be protected from and foundations. Some areas of this soil are adjacent to fire and fenced to prevent encroachment and overuse by streams and are subject to occasional flooding. The poten- livestock. They should not be drained. tial is fair for such recreational development as camp and These soils have good potential as a source of sand and picnic areas and playgrounds. Capability class I irrigated. gravel. Capability subclass VIw; Salt Meadow range site. 921018 SOIL SURVEY - 54—Paoli loam, 0 to 1 percent slopes. This is a deep, well drained soil on terraces at elevations of 4,700 to 5,250 feet. It formed in alluvial deposits. Included in mapping are small areas of soils that have a loamy sand surface layer. Typically the surface layer is grayish brown loam and fine sandy loam about 25 inches thick. The underlying material to a depth of 60 inches is light brownish gray fine sandy loam. Permeability is moderate. Available water capacity is high. The effective rooting depth is 60 inches or more. Surface runoff is very slow, and the erosion hazard is low. This soil is used almost entirely for irrigated crops. It is suited to all crops commonly grown in the area, includ- ing corn, sugar beets, beans, alfalfa, small grain, potatoes, and onions. An example of a suitable cropping system is 3 to 4 years of alfalfa followed by corn, corn for silage, sugar beets, small grain, or beans. Such characteristics as the rapidly permeable substratum slightly restrict some crops. All methods of irrigation are suitable, but furrow ir- rigation is the most common. Proper irrigation water management is essential. Barnyard manure and commer- cial fertilizer are needed for top yields. Windbreaks and environmental plantings are generally suited to this soil. Soil blowing, the principal hazard in establishing trees and shrubs, can be controlled by cul- tivating only in the tree row and by leaving a strip of vegetation between the rows. Supplemental irrigation may be needed at the time of planting and during dry periods. Trees that are best suited and have good survival are Rocky Mountain juniper, eastern redeedar, ponderosa pine, Siberian elm, Russian-olive, and hackberry. The shrubs best suited are skunkbush sumac, lilac, and Siberi- an peashrub. Wildlife is an important secondary use of this soil. The cropland areas provide favorable habitat for ring-necked pheasant and mourning dove. Many nongame species can be attracted by establishing areas for nesting and escape cover. For pheasants, undisturbed nesting cover is essen- tial and should be included in plans for habitat develop- ment, especially in areas of intensive agriculture. In areas protected from flooding, this soil has good potential for urban and recreational development. The chief limiting feature is the rapid permeability in the sub- stratum, which causes a hazard of ground water con- tamination from sewage lagoons. Road designs should be modified to compensate for the moderate frost potential. Lawns, shrubs, and trees grow well. Capability subclass IIs irrigated. 921018 EXHIBIT J VEGATATION INFORMATION This property is currently being used for pastureland. Irrigation ditches and stock watering ponds have created some wetland areas. Plants associated with these areas include, cattail, camary grass and various species of rushes and bulrushes. Very little treecover exists on the site with the predominate species being cottonwoods. Reclamation plans call for more trees and shrubs than currently exist on the property. 921019 EXHIBIT K ' CLIMATOLOGY REPORT NO. 77-I• GREELEY 05 3546 4 COLORADO CLIMATOLOGY OFFICE COLORADO STATE UNIVERSITY FT. COLLINS, CO. 80523 TEMPERATURE ( F) PRECIPITATION (INCHES) 0E44.3 EX'REtES MEAN N'6 OF DAYS 51:C::, SLEET %SI% 1:, Cr CAT'S MA,. MIN xg hi!, o, u.'J on o.- a a a W CO a aS x fx aw a.n ow ox ox ax ♦ x a - a- a_ ax a ow a s 0 0 00 .0 a W iT f- - W- W WO W o 40 eM N ` a+ W + + MI W n W a ca +i +x -Vi. ax > a aJ G+ w n`f0' o it uo n Fc' io G ei '^.z `T I - JAN 30.0 9.9 23.9 67. 1953 12 -30. 1962 11 0.0 9.4 31.0 7.3 .27 .35 1062 D 3.0 6. 7456 30 1.0 0.0 0.0 i;p 43.7 147 20.2 75. 1954 9 -39. 7051 1 0.0 5.4 27.0 2.6 .29 .42 1956 II 3.1 6. 70CC 29 1.1 0.0 0.0 MAP 49.1 20.9 35.0 90. 1063 29 -16. 1960 3 0.0 3.7 29.3 7.4 .71 .83 1961 29 11.5 16. 7959 26 1.0 .2 0.0 APR 60.9 32.4 46.6 95. 7060 22 0. 1057 9 0.0 .6 15.1 .1 7.06 1.50 1057 2 3.3 74. 1953 12 2.3 .5 .2 MAr 72.2 43.4 57.0 95. 1954 21 23. 1954 2 .9 .7 1.0 0.0 2.37 1.60 1064 50 0.0 0. 0 0 4.7 1.5 .4 .NN 62.7 52.0 67.4 106. 1954 24 32. 1954 3 9.1 0.0 .7 0.0 1.71 2.66 1962 30 0.0 0. 0 0 3.9 1.0 .5 1 JJ. 99.9 57.3 73.6 105. 1954 1: 40. 1952 I 16.4 0.0 0.0 0.0 1.30 7.37 1061 1 0.0 0. 0 0 3.0 .7 .2 All'. 96.7 54.7 70.7 100. 1955 1 39. 1964 29 11.5 0.0 0.0 0.0 1.33 7.93 7063 10 0.0 0. 0 0 3.2 .5 .1 SEP 79.1 44.6 61.4 f6. 1954 1 26. 1065 18 3.6 0.0 I.6 0.0 1.25 1.60 1963 21 .3 0. 0 0 3.2 7.0 .2 1 Oa 67.6 33.1 50.4 66. 7653 2 13. 1054 31 0.0 .1 14.4 0.0 .75 .94 1960 19 .1 2. 1051 6 2.1 .5 0.0 71'.V 5:.1 20.2 35.2 77. 1065 1 -I9. 1652 27 0.0 3.6 29.2 .D .39 .40 7955 II 3.2 70. 1956 20 1.5 0.0 0.0 DEC 42.1 3.1 27.6 69. 1064 24 -79. 7954 29 0.C 6.7 30.9 2.9 .29 .59 1959 72 3.0 12. 1959 13 1.0 .1 0.0 A1A_:L 63.5 32.G 49.2 43. 29. III. 15. 11.7 27. 29. 6. 2. PRECIPITATION MI1N PR03wBILITT ECJAL OR LESS TN4N PROB.LEVEL JAN FEB MAR APR Nov JUN JUL AUG SEP OCT NOV DEC ANNUAL 05 0.00 0 DO .10 .10 .44 .3≥ .IP .14 0.00 0.00 0.0n 0.00 6.91 0 .04 7 .15 .70 .66 .47 . 9 .24 .09 .05 0.00 .01 7.77 •i0 .09 11 .26 .32 1.00 .12 .47 .42 .29 .17 .13 .05 8.92 . 0 .14 2220 .35 .47 1.32 .96 .65 .61 .6V .28 .21 .0♦ 9.01 .40 .18 24 .46 .63 1.65 119 .84 81 5^. .23 27 57 8l 2.00 .44 1.05 7.1.3 .92 .55 .34 119 170: 2 X60 .28 3 l 1.07 2.41 rt.'? 1.29 1.29 1.20 .71 .42 .76 12.26 .70 .14 35 .87 1.30 2.49 2.00 1.59 1.52 1.55 92 .50 .35 13.19 .00 .43 40 1.09 1.67 3.53 2.54 7.99 2.06 2.03 .277 .41 .47 74 35 9 51 4R 1.45 9.2A 4.57 3.29 2.55 2.90 2.04 �.1D .18 .68 16.06 .95 .70 55 1.80 2.6R 5.55 3.99 3.26 3.52 3.63 .1R .95 .99 17.57 ALPHA 1.82 4 99 1.63 1.31 2.09 2.10 1.65 1.41 1.25 1.24 2.54 1.02 12.94 BETA .16 46 .44 .80 1.14 .92 .79 .94 1.07 .64 .17 .30 .91 0 .06 06 0.00 0.00 0.00 0.00 0.00 0.00 .06 .06 .13 .06 000 MIXED 661NA C1STR7RUTI01: FITTED TO DATA ALPHA' SwAPE PAAAKETER 'ETA. 5[4a PRNAu.fra 0. N0. C% YOUTHS NAVi4r 7(70 PNEC:M1TAT1t6/TO106 NO Ur M MEDIAN PRECIPITATION AMOUNTS ARE INDICtTLII AT TnE .50 PROSABILIT1 LEVEL It 921018 I EXHIBIT L RECLAMATION COSTS As mentioned in Exhibit D, only a portion of the site is disturbed at any time due to mining in phases and concurrent reclamation. In fact, this mining plan is designed so materials will only be handled once in the creation of backfilled slopes and land for later residential development. In order to calculate the reclamation costs at any given time, we have selected the largest two mining phases, Phases 2 and 3, so the disturbance will be maximized. 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 this cost estimate. MAJOR DISTURBANCE UNIT TOTAL NO. ITEM OUANTITY UNITS PRICE PRICE 1 . Backfill Phase 3, shoreline to 3: 1 22 ,375 CY $ 1 .00 $22 ,375 2 . Topsoil Phase 3, shoreline 1,650 CY $ 1. 00 $ 1,650 3 . Distribute Phase 8, top- soil and overburden stockpile to Phase 3 fill area 3,000 CY $ 1.00 $ 3,000 4 . Replace overburden on Phase 4, strip 3,225 CY $ 1.00 $ 3,225 5. Replace topsoil on Phase 4, strip 1,613 CY $ 1 .00 $ 1,613 6. Seed, fertilize, mulch 10 AC $500. 00 $ 5,000 7 . Plant trees 10 EA $ 40.00 $ 400 8. Plant shrubs 20 EA S 25.00 $ 500 TOTAL $37,763 L-1 921018 Notes/Descriptions At the end of mining - 50% of Phase 3 1 . Outside shoreline is not backfilled = 1, 825 feet times slope. Cross-sectional area of 331 square feet = 22 , 375 CY of fill. 2 . 1, 825 feet of shoreline at 37 feet wide and 0. 66 feet depth = 16, 510 CY 3 . Re-distribute overburden and topsoil from three Phase 8 stockpiles = 3,000 CY 4 . Replace one foot of overburden on two acres = 3,225 CY 5. Replace 0 .5 foot of topsoil on two acres = 1, 613 CY 6. 5.5 acres of fill plus two acres of strip plus 1 .5 acres of shoreline plus one acre of Phase 8 stockpiles = 10 acres MODERATE DISTURBANCE UNIT TOTAL NO. ITEM OUANTITY UNITS PRICE PRICE 9. Scarify Plant Site 3 3.6 AC $725.00 $ 2, 610 10. Distribute topsoil on Plant Site 3 2900 CY $ 1 . 00 $ 2, 900 11 . Scarify haul road 0.8 AC $725.00 $ 580 12 . Distribute topsoil on haul road 645 CY $ 1 .00 $ 645 13. Distribute topsoil on Phase 2 shoreline above water level 890 CY $ 1 .00 $ 890 14 . Seed, fertilize, mulch 5.5 AC $500 .00 $ 2,750 15 . Plant trees 10 EA $ 40.00 $ 400 16. Plant shrubs 20 EA $ 25 .00 $ 500 TOTAL $11,275 L-2 921018 Notes/Descriptions 10. 0.5 feet of topsoil over 3.6 acres = 2, 900 CY 12 . 0 .5 feet of topsoil over 0 .8 acres = 645 CY 13. 1 . 1 feet of topsoil over 1 . 1 acres = 890 CY 14 . 5 .5 acres of moderate disturbance MINOR DISTURBANCE UNIT TOTAL NO. ITEM OUANTITY UNITS PRICE PRICE 17 . Seed, fertilize, mulch 1. 7 AC $500.00 $ 850 18 . Plant trees 10 EA $ 40.00 $ 400 19. Plant shrubs 20 EA $ 25.00 $ 500 20 . Reseed 25% of area 3.5 AC $500 .00 S 1. 750 TOTAL $ 3,500 Notes/Description 17 . 1 . 7 acres in Phase 1 which is ready to seed 20. Assume that 20% of seeded will not germinate and must be reseeded. 17 .2 acres times 20% = 3.5 acres L-3 921018 SUMMARY OF RECLAMATION COSTS Major Disturbance $37, 763 Moderate Disturbance $11,275 Minor Disturbance S 3. 500 SUBTOTAL $52,538 Administration Fee ( 15 .8% ) $ 8,301 TOTAL RECLAMATION COSTS $60,839 Reclamation Bond $60,850 Bonded cost per acre at 24.4 acres $ 2 ,493 L-4 921018 EXHIBIT N OTHER PERMITS AND LICENSES The following permits are also required for the proposed operation: APEN NPDES EPA Stormwater Discharge Permit Weld County Use by Special Review Permit We are currently in the process of applying for these permits and will submit the approved permits when they become available. 921018 FF= -illi33 1 EE-T,Id'r C T'i!!1 11=',.y_. F .LL1 l - , EXHIBIT O June 8, 1992 83rd Joint Venture P 0 Box 3178 Greeley, Co 80633 To whom it may concern: By this letter, 83rd Joint Venture, a Colorado joint venture, grants to Best-Way Paving Company the legal right to enter and to extract, process and remove minerals including sand and gravel from the 124 acre property generally located at 4503 F Street in Weld County,Colorado. Signed: 83rd JOINT VENTURE Carl Hill Jr. 83rdENTER.ltr 921018 • OWNER'S POLICY OF TITLE INSURANCE ISSUED BY TRANSAMERICA TITLE INSURANCE COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS,TRANSAMERICA TITLE INSURANCE COMPANY,a California corporation,herein called the Compa- ny,insures,as of Date of Policy shown in Schedule A,against loss or damage,not exceeding the Amount of Insurance stated in Schedule A,sustained or incurred by the insured by reason of: I. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketabihty of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs,attorneys' fees and expenses incurred in defense of the title,as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF,TRANSAMERICA TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed by its duly authorized officers,the Policy to become valid when countersigned by an authorized officer or agent of the Company. TRANSAMERICA TITLE INSURANCE COMPANY /� vAlE IMfdq By By: Fly)n/YJQJ A/t � vwtaroyga t", Authorized Countersignature >{ • President i *4y 23,tq‘a 9 ! Attest:eilingtO 0. A/� r Secretary EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv)environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a)created, suffered,assumed or agreed to by the insured claimant; (b) not known to the Company,not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c)resulting in no loss or damage to the insured claimant; (d)attaching or created subsequent to Date of Policy; or (e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. • /t 1 American Land Tile Association Owner's Policy(6.1$7) Face Page Valid Only If Schedule A. B and Cover mots Form 1141-41 a7JtriV TRANSAMERICA TITLE INSURANCE COMPANY POLICY OP TITLE INSURANCE SCHEDULE A Amount of Insurance: $ 151, 000.00 Policy No. : 8030283 Date of Policy: January 7, 1992 at 7:00 A.M. 1. Name of Insured: 83rd Joint Venture, a Colordo Joint Venture 2. The estate or interest in the land described herein and which is covered by this policy is: FEE SIMPLE 3. The estate or interest referred to herein is at Date of Policy vested in: 83rd Joint Venture, a Colordo Joint Venture 4 . The land referred to in this Policy is described as follows: (SEE ATTACHED PAGE FOR LEGAL DESCRIPTION) 921018 TRANSAMERICA TITLE INSURANCE COMPANY Policy No. : 8030283 LEGAL DESCRIPTION That portion of Section 35, Township 6 North, Range 66 West of the 6th P.M. , County of Weld, State of Colorado, more particularly described as follows: Considering the West line of the SW1/4 of said Section as bearing South 1 degrees 09 minutes 16 seconds West with all bearings contained herein relative thereto. Beginning at the West Quarter corner of said Section 35; thence along the West line of said Section South 1 degree 09 minutes 16 seconds West 1038.27 feet to a point, said point bears North 1 degrees 09 minutes 16 seconds East 325. 00 feet from the Southwest corner of the N1/2 of the SW1/4 of said Section; thence parallel with the South line of the N1/2 of the SW1/4 of said Section South 89 degrees 31 minutes 58 seconds East 180.00 feet; thence parallel with the West line of the SW1/4 of said Section South 1 degree 09 minutes 16 seconds West 325.00 feet more or less to the South line of the N1/2 of the SW1/4 of said Section; thence along said South line South 89 degrees 31 minutes 58 seconds East 2571. 51 feet to the Southeast corner of the N1/2 of the SW1/4 of said Section; thence along the South line of the N1/2 of the SE1/4 of said Section South 89 degrees 32 minutes 00 seconds East 1826. 66 feet more or less to the West line of that certain parcel of land described in Deed recorded in Book 1608, Page 389 records of said County; thence along said West line North 0 degrees 15 minutes 00 seconds East 492 . 88 feet more or less to the South Right-of-Way of the Colorado Southern Railroad; thence along said Right-of-way North 72 degrees 22 minutes 19 seconds West 4765. 15 feet more or less to the West line of said Section; thence along said West line South 1 degree 12 minutes 33 seconds West 535.75 feet to the point of beginning. Page 2 921019 (- COLORADO HISTORICAL SOCIETY Office of Archaeology and Historic Preservation 1300 Broadway Denver, Colorado 80203 RECEIVED Pamela E. Acre FEB 2 4 1992 11990 Grant Street #410 Denver, CO 80233 2/20/1992 Y� ~ At your request, the office of Archaeology and Historic Preservation has conducted a search of the Colorado Inventory of Cultural Resources for the following locations: PN TOWNSHIP RANGE SECTION 6TH 6N 66W 35 SW; SE as located on map. No site(s) or survey(s) were located in the designated area(s) . If information on sites in the project area was found, detailed information follows the summary. If no sites or districts were found, but surveys are known to have been conducted in the project area, survey information follows the summary. We do not have complete information on surveys conducted in Colorado, and our site files cannot be considered complete because most of the state has not been surveyed for cultural resources. There is the possibility that as yet unidentified cultural resources exist within the proposed impact area. Therefore, in the event there is Federal or State involvement, we recommend that a professional survey be conducted to identify any cultural resources in the project area which are eligible to be listed in the National Register of Historic Places. We look forward to consulting with you regarding the effect of the proposed project on any eligible cultural resource in accordance with the Advisory Council on Historic Preservation Procedures and the Preservation and Protection of Historic and Cultural Resources (36 CFR 800) . Please provide this office with the results of the cultural resource survey for our review of professional adequacy and compliance with regulations. If you have any questions, please contact the Office of Archaeology and Historic Preservation at (303) 866-3395 or 3392. Thank you for your interest in Colorado's cultural heritage. Susan M. Collins Deputy State Historic Preservation Officer for Archaeology * Information regarding significant archaeological resources is excluded from the Freedom of Information Act. Therefore, legal locations of these resources must not be included in documents for public distribution. 92,1018 f P 992 068 147 P 992 068 146 AIPReceipt for Receipt for Certified Mail Certified Mail No Insurance Coverage Provided ri,, No Insurance Coverage Provided uSTEOSTATES� Do not use for International Mail VICEDSVAVES Do not use for International Mail "°S" "" (See Reverse) sal-k5,�.POSTALSOMOE (See�Ree/v(ersee) ree an. No. r/ L J1 C SLe 1n 7157 !TVxrlue tap and ZIP Code i 0 ZIP Code / 0 G'd j 3t Postage $ // Postage $5± ` • Certified Fee I r' is Certified Fee ' ° O Special Delivery Fee DO Special Delivery Fee Restricted Delivery Fee Restricted Delivery Fee mReturn Receipt Showing O0 m Return Receipt Showing / js co to Whom&Date •Delivered lJ pt to Wbom&Date Deliveretl V Return Receipt Showing to Whom, Return Receipt Showing to Whom. CDate,and Addressee's Address o c Date,and Addressee's Address ///�� TOTAL Postage TOTAL Postage S� &Fees - O &Fees O mPostmark or Datei C. Postmark or Date M co I co E • E `o a 92-104' ( I - ( 2 ' a `lOCD__ L' ' sue-Ci? • 921013 R66W / I i N n69 4,00 i •. 4670 I A L v 6668 vVC • 11 .CACHE % UpR " , y 09 Col', ' ,Thir\` , /se 'Lix',.'64, 1 A b9° • / ,, `i ...r.IE'4685 LL g TM L 1- t; v w — VV.* �� rs RN � _ / / VE SITE LOCATION 36 ,. f I_ el sa 1 x v 16 v ?0 Dt f�6 �sa3 g,. - gI STREET`' . . .. . a86a, 4 10 \y tI 5 �..I113 15 -rA,o i7 a6�� •=•�,I / - ,. • -_—e1 :l sr,„l W >ild0 "-_ _./, �� Q Trailer � T5N b€ �� ry Q \ Park I� J) 7 U * = F J 'Grave le FTrailed 12 ' Q �� 1 � Airs-e`8 Parkl (�� 1%:=.„.• _ I CO h e \ �l 4680 _ I II _ 411 Af1 N0 r tl / a° • .' A __� I I_ P ins _ C i � f ♦TJ3 T� I � �L � �iI 3 O �- i� P max.�.-I. _ �� .` J _ . : ° ° � — • �•r it � > CIF EY k 1 i itle IC \ i I ';••` % \ 0O • F 111 1 ��.Th s PROPERTY OWNERS 0 WITHIN 500 FEET 2000IED 1'2000' N / TUTTLE APPLEGATE° INC. ` Consultants Iw land.nd RISC,Development 11990 Grant Street, k Den%er, Colorado 80233901B 1303)452-6611 MUNICIPALITIES WITHIN TWO MILES City of Greeley 1000 Tenth Street Greeley, CO 80631 OWNERS OF RECORD OF AFFECTED LANDS AND OWNERS OF SUBSTANCE TO BE MINED 83rd Avenue Joint Venture Carl Hill, Jr. P. O. Box 3178 Greeley, CO 80633 921018 PROPERTY OWNERS WITHIN 200 FEET 1 . Marilyn L. Bunn 0805-34-000-030 10305 Dickens Avenue Bethesda, MD 20014 2 . Western Mobile, Inc. 0805-34-000-031 P. 0. Box 1647 Greeley, CO 80632 4 . Robert & Patsy Drewer 0805-34-000-077 4702 West F Street Greeley, CO 80631 5. Putnam Farm Partnership 0805-35-000-010 c/o Prime Management 4891 Independence Street, #140 Wheat Ridge, CO 80033 6 . William & Dorothy Rodman 0805-35-000-012 c/o Greeley National Bank P. O. Box 1098 Greeley, CO 80632 7 . Wayne & Elaine Larson 0805-35-000-013 3501 West F Street Greeley, CO 80634 8. Elmer & Cecil Elliott 0805-35-000-044 4699 West F Street Greeley, CO 80631 9 . Western Mobile, Inc. 0805-35-000-069 P. 0. Box 1647 Greeley, CO 80632 10. Marilyn L. Bunn 0805-35-000-072 10305 Dickens Avenue Bethesda, MD 20014 11. Putnam Farm Partnership 0805-35-000-073 c/o Prime Management 4891 Independence Street, #140 Wheat Ridge, CO 80033 12 . Western Mobile, Inc. 0805-35-000-078 P. 0. Box 1647 Greeley, CO 80632 14 . City of Greeley 0805-36-000-050 919 Seventh Street Greeley, CO 80631 921018 15. Margarette La Verne Evans Et Al Charles L. Evans, Jr. Heirs c/o Berthoud National Bank 2638 12th Avenue Greeley, CO 80631 16 . Bellweather Exploration 3455 F Street Greeley, CO 80631 17 . Weld County Commissioners 915-10th Street Greeley, CO 80631 18. Boyd Freeman Ditch Company c/o John Hickman Western Mobile P. O. Box 215001 1400 West 64th Avenue Denver, CO 80221 19 . Colorado & Southern Railways Company 1405 Curtis Street Denver, CO 80202 921018 \ ____j1R66 )W ___--7 °. .. \--‘ „.o � �, � .4 06 '• i � ' J / \ 4691 / I '� \ \ 4610 7 I / I- LA ' zl - -:,2 , 4668 �1 .CACHE \P__p_UpR • ' ;_,s ng . F ' R R -40 \ v vv Rb0A� l9 It Lt e . .ec*t „ IVE '‘ 41 � 1 rrts' 1 1� SITE LOCATION 36.5) 34 1 2 V . p I f .2 14683 8 Ø:h v*,'_, 4s4 _ 4 10 �7 ,- 5 �e-.II / - � Ho .2666.. r II \::—_-.1,1 T6N t. fo �,,ri, :.'0, u.1r, - sr., j I, 1120 / — - -- Trailer T5N ii ) l ' Q; 'V ,$ - - _ icc Perk pmat r GraveTrailer, , ii yo 7 agEc�r Park ti p v. I sit \ IC a II alb { � ; i I II tom. .mss• , o EY I •�_ �/( do %641 �� lub I ._.6 _ _ `__ _y ,NO, • tin I C1X • `I /As1 Is - .. �. IPA. Tch � .✓-3 h PROPERTY OWNERS 0 2000. WITHIN 200 FEET 1' 2000' N J TUTTLE APPLECATE, INC. a_ Consultants rer lend and Resource Development Art 11990 Grant Street, 5 ... ...r."-- 410 Derner,Colorado 80231p7 1 (303)452-6611 EXHIBIT P OWNERS OF RECORD OF AFFECTED LANDS AND OWNERS OF SUBSTANCE TO BE MINED 83rd Avenue Joint Venture Carl Hill, Jr. P. O. Box 3178 Greeley, CO 80633 921019 EXHIBIT Q MUNICIPALITIES WITHIN TWO MILES City of Greeley 1000 Tenth Street Greeley, CO 80631 921018 JOB NO : 92-106 NIL gala aa TUTTLE APPLEGATE, INC. Consultants for Land and Resource Development TELEPHONE: (303) 452-6611 FAX: (303 ) 452-2759 11990 Grant Street; Suite 410; Denver, CO 80233 LETTER OF TRANSMITTAL DATE: June 9, 1992 PROJECT: 83rd J.V. Resource TO: Chuck Cunliffe Weld County 915 Tenth Street Greeley, CO 80632 WE TRANSMIT: THE FOLLOWING: FOR YOUR: X4 Attached Prints ® Use Under Separate Cover ❑ Originals ❑ Approval L Information Below ❑ Copy of Letter Information ❑ ❑X Applications El Review & Comment ❑ Specifications El Material Returned Recording Mylars El Signature & Return Change Order ❑ El Number of Copies Dated Sheet No. Description 1 Check for Weld County 1 Original Application 1 Copy of Booklet-Weld County Application and MLRD Application 1 Remarks: Copy to: 92-106 Copy w/Enclosures to: Signed: r i 921018 GJTC i JOB NO : -f./Gca IIIIIMINIIIIIk TUTTLE APPLEGATE, INC. P Consultants for Land and Resource Development TELEPHONE: (303 ) 452-6611 per: (303) 452-2759 JUN b 1992 11990 Grant Street; Suite 410; Denver, CO 80233 We1dC0aMlyPlanning LETTER OF TRANSMITTAL DATE: JAt,L ici, /`'i - PROJECT: 6,-et J 0/ 2'&c?te-re-_. TO: /, ?41e// /vote/ 4. knnl u7 itivfeea. WE TRANSMIT: THE FOLLOWING: .FOR XOUR: ]f�) Attached El Prints Prints x4 Use Under Separate Cover ❑ Originals ❑ Approval ❑ Information Below ❑ Copy of Letter ❑ Information ❑ '.7.1 Applications ❑ Review & Comment ❑ Specifications ❑ Material Returned ❑ Recording Mylars ❑ Signature & Return ❑ Change Order ❑ El Number of Copies Dated Sheet No. 4 Description , &/1/151 a'r' ' ,4,54-at&o-: / , <ncvff� � / (v/`1/i Z Oveyi n V. 'f t/444'7/ cr' /Ytslu/va/ eC et-rtiv> '14 Az( d /e Il i a "�!h c . ✓ ill , voei w lee Lque ` ' eit 6n., A C%%Ie di /a_ r � ' Remarks: Copy to: :it /CI" Copy w/Enclosures to: Signed: 1etC 72*, 921019 TUTTLE APPLEGATE, INC. Consultants for Land and Resource Development June 22 , 1992 Weld County Commissioners 915-10th Street Greeley, CO 80631 Certified Receipt #P 992 068 159 Dear Gentlemen: In conformance with the rules and regulations established by the Mined Land Reclamation Board, the attached notice is being sent to you in order to inform you of the application of 83rd Joint Venture Resources to mine sand and gravel at or near Section 35, Township 6 North, Range 66 West of the 6th P.M. , Weld County, Colorado. Should you wish to obtain additional information regarding the project, you may contact any of the individuals indicated in the notice or Gary Tuttle of this firm. Written responses must be forwarded to the Mined Land Reclamation Division by August 7 , 1992 . Sincerely, TUTTLE APPLEGATE, INC. Cheryl Rains . Office ManagerCR 7 [} Encs. IiS En cc: File #92-106A JUN 2 4 1992 Weld County Planning c, c1_ r , , (. 11990 Grant Street, #410 Telephone: (303 ) 452-6611 Denver, Colorado 80233 Facsimile: ( 303 ) 452 1-3jO19 Jav PUBLIC NOTICE 83rd Joint Venture Resource; P. O. Box 3178; Greeley, CO 80633 has filed an application for a Mining and Reclamation permit with the Colorado Mined Land Reclamation Board under provisions of the Colorado Mined Land Reclamation Act. The proposed operation is located at or near Section 35, Township 6 North, Range 66 West of the 6th P.M. , County of Weld, State of Colorado. The proposed date of commencement is August, 1992 and the proposed date of completion is August, 2008. The proposed future use of the land will be residential. Additional information and tentative hearing date may be obtained from the Mined Land Reclamation Board; Room 215, 1313 Sherman Street; Denver, Colorado 80203, ( 303 ) 866-3567 , or Weld County Clerk and Recorder, 915 Tenth Street; Greeley, CO 80631 or the above named applicant. Written comments must be filed with the Mined Land Reclamation Board by 5 : 00 on August 7, 1992 . First Publication - June 19, 1992 Second Publication - June 26, 1992 Third Publication - July 3, 1992 Last Publication - July 10, 1992 921018 • EXHIBIT A LEGAL DESCRIPTION That portion of Section 35, Township 6 North, Range 66 West of the 6th Principal Meridian in the County of Weld, State of Colorado more particularly described as follows: Considering the West line of the Southwest Quarter of said Section as bearing South 1°09'16" West with all bearings contained herein relative thereto. Beginning at the West Quarter corner of said Section 35; thence along the West line of said Section South 1"09 '16" West 1038.27 feet to a point , said point bears North 1°09'16" East 325.00 feet from the South- west corner of the North Half of the Southwest Quarter of said Section; thence parallel with the South line of the North Half of the Southwest Quarter of said Section South 89°31 '58" East 180.00 feet; thence parallel with the West line of the Southwest Quarter of said Section South 1°09' 16" West 325.00 feet more or less to the South line of the North Half of the Southwest Quarter of said Section; thence along said South line South 89°31 '58" East 2571 .51 feet to the Southeast corner of the North Half of the Southwest Quarter of said Section; thence along the South line of the North Half of the Southeast Quarter of said Section South 89'32'00" East 1826.66 feet more or less to the West line of that certain parcel of land described in Deed recorded in Book 1608, Page 389 records of said County; thence along said West line North 0'15'00" East 492 .88 feet more or less to the South Right-of-Way of the Colorado Southern Railroad; thence along said Right-of-Way North 72"22'19" West 4765.15 feet more or less to the West line of said Section; thence along said West line South 1°12'33" West 535.75 feet to the point of beginning. Above described parcel contains 124.180 Acres more or less. 921.019 AMENDED ADDITIONAL COMMENTS Date: October 21, 1992 CASE NUMBER: USR-978 NAME: 83rd Joint Venture Resource ADDRESS: P.O. Box 3178, Greeley, CO 80633 REQUEST: A Site Specific Development Plan and Special Review permit for an open-pit mining operation in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of Section 35, T6N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: North of and adjacent to the City of Greeley; north of "F" Street, and approximately 1/4 mile west of 35th Avenue. Amended Recommendation #3 a. the Weld County Health Department has approved a dust abatement plan for the mining operation. b. all required emission permits have been obtained from the Air Pollution Control Division, Colorado Department of Health. c. an NPDES permit has been approved by the Water Quality Control Division of the Colorado Department of Health. d. the Use by Special Review will not cause injury to vested or conditional water rights as set forth in Section 44.4.11 of the Weld County Zoning Ordinance. e. the Offsite Road Improvements Agreement has been executed by the Board of County Commissioners and the applicant. f. a Flood Hazard Development permit shall be submitted to and approved by the Department of Planning Services. g. that an agreement has been approved by Boyd Irrigation Company on the existing ditch relocation. Amended Recommendation #4 Prior to recording the plat; the plat shall be amended to show the future right-of-way of "F" Street as 50 feet north of the center line. 921016 ADDITIONAL COMMENTS 83rd Joint Venture Resource USR-978 Page 2 the plat shall be amended to show the limits of excavation 55 feet north of the center line "F" Street. Fill material shall be used to reclaim the area to original elevation of 75 feet north of the center line of "F" Street. the plat shall be amended to include a note stating: "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. However, Weld County has jurisdiction of those matters outlined in the Development Standards" . a screening plan for the east side of the property shall be approved by the Department of Planning Services. The screening plan may include 4 feet berms and vegetation. The berms may be used for reclamation. Amended Recommendation #5 A substitute water supply plan and well permit have been approved by the Division of Water Resources for the mining operation prior to exposing ground water. 921019 ADDITIONAL COMMENTS Date: October 21, 1992 CASE NUMBER: USR-978 NAME: 83rd Joint Venture Resource ADDRESS: P.O. Box 3178, Greeley, CO 80633 REQUEST: A Site Specific Development Plan and Special Review permit for an open-pit mining operation in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of Section 35, T6N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: North of and adjacent to the City of Greeley; north of "F" Street, and approximately 1/4 mile west of 35th Avenue. Amended Recommendation #3 Prior to the Special Review activity occurring on the site, evidence shall be submitted to the Department of Planning Services that: a. a substitute water supply plan and well permit have been approved by the Division of Water Resources for the mining operation. b. the Weld County Health Department has approved a dust abatement plan for the mining operation. c. all required emission permits have been obtained from the Air Pollution Control Division, Colorado Department of Health. d. an NPDES permit has been approved by the Water Quality Control Division of the Colorado Department of Health. e. the Use by Special Review will not cause injury to vested or conditional water rights as set forth in Section 44.4.11 of the Weld County Zoning Ordinance. f. the Offsite Road Improvements Agreement has been executed by the Board of County Commissioners and the applicant. g. a Flood Hazard Development permit shall be submitted and approved by the Department of Planning Services. h. that an agreement has been approved by Boyd Irrigation Company on the existing ditch relocation. 921018 ADDITIONAL COMMENTS 83rd Joint Venture Resource USR-978 Page 2 Amended Recommendation #4 Prior to recording the plat; the plat shall be amended to show the future right-of-way of "F" Street as 50 feet north of the center line. the plat shall be amended to show the limits of excavation 75 feet north of the center line "F" Street. the plat shall be amended to include a note stating: "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 Minded Land Reclamation. However, Weld County has jurisdiction of those matters outlined in the Development Standards" . 921015 LI • CASE NUMBER: USR-978 NAME: 83rd Joint Venture Resource ADDRESS: P.O. Box 3178, Greeley, CO 80633 REQUEST: A Site Specific Development Plan and Special Review permit for an open-pit mining operation in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of Section 35, T6N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: North of and adjacent to the City of Greeley; north of "F" Street, and approximately 1/4 mile west of 35th Avenue. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: This proposal is consistent with the Weld County Comprehensive Plan' s Mineral Resource Goals and Policies, the Urban Growth Boundary Area Goals and Policies, and the Transportation Goals and Policies. The Conditions of approval and development standards will ensure that these goals and policies are met. The comprehensive plan encourages the extraction of mineral resources when the mining plan promotes reasonable and orderly development of the minerals. This 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 irrigated agricultural production, pasture, rural residences, railroad tracks and other mining operations. The attached conditions of approval and development standards will ensure that 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. The special review permit site is located in the 100 year floodplain. The special review permit development standards address the overlay district requirements. No other overlay districts affect the site. 92101s RECOMMENDATION, USR-978, 83rd Joint Venture Resource Page 2 Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to the Special Review activity occurring on the site, evidence shall be submitted to the Department of Planning Services that: the Division of Water Resources has approved a well permit or water supply for the mining operation; - the Weld County Health Department has approved a dust abatement plan for the mining operation; all required emission permits have been obtained from the Air Pollution Control Division, Colorado Department of health. an NPDES permit has been approved by the Water Quality Control Division of the Colorado Department of Health. the Use by Special Review will not cause injury to vested or conditional water rights as set forth in Section 44.4.11 of the Weld County Zoning Ordinance. 4. Prior to scheduling before the Board of County Commissioners: An off-site road improvements agreement shall be approved by the Board of County Commissioners. The agreement shall mitigate impacts generated on Weld County Roads by this mining operation. The agreement shall include the type of road improvements, the applicant' s share of the improvements, means of financing, and time frame for construction; 92101® RECOMMENDATION, USR-978, 83rd Joint Venture Resource Page 3 5. The plat shall be amended to show the following: A note stating, "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. However, Weld County has jurisdiction of those matters outlined in the Development Standards" . 921019 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS 83rd Joint Venture Resource USR-978 1. The Site Specific Development Plan and Special Review permit is for an open-pit mining operation in the A (Agricultural) zone district as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. No permanent disposal of wastes shall be permitted at this site. 4. Adequate sanitary facilities served by an individual sewage disposal system, are required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. Portable toilets are not approved. 5. This facility shall utilize the existing municipal sewer treatment system, if available. 6. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility area in a manner that will prevent nuisance conditions. 7. The Division requires that this facility utilize existing public water supply. Bottled water is not approved for long term use. 8. Individual Sewage Disposal System permit must be finalized and approved by an Environmental Protection Specialist within one year of the application date. 9. The open-pit gravel operation shall comply with the operation policies outlined in Section 44.4 of the Weld County Zoning Ordinance. 10. The property shall be maintained in compliance with the Weld County Flood Hazard overlay District requirements. 11. All liquid and solid waste shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. No permanent disposal of wastes shall be permitted at this site. 12. The special review permit site shall be maintained in compliance with the required Emissions permit obtained from the Air Pollution Control Division, Colorado Department of health, for fugitive dust and emissions. 921.04-, DEVELOPMENT STANDARDS, USR-978 83rd Joint Venture Resource Page 2 13. Overburden and top-soil materials shall be handled and stored in a manner that control fugitive dust, blowing debris, and other potential nuisance conditions. Dust shall be controlled on all haul roads, so that it does not constitute a nuisance to adjacent property owners. Fugitive dust must be controlled on this site and in accordance with the approved dust control plan. 14. The special review permit site shall be maintained in compliance with the required NPDES permit obtained from the Water Quality Control Division of the Colorado Department of health. 15. The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 16. 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. 921018 LAND-USE APPLICATION SUMMARY SHEET Date: July 28, 1992 CASE NUMBER: USR-978 NAME: 83rd Joint Venture Resource ADDRESS: P.O. Box 3178, Greeley, CO 80633 REQUEST: A Site Specific Development Plan and a Special Review permit for an open-pit mining operation in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of Section 35, T6N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: North of and adjacent to the City of Greeley; north of "F" Street, and approximately 1/4 mile west of 35th Avenue. SIZE OF PARCEL: 124 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 specific recommendations from: 1. City of Greeley Planning Commission. 2. Weld County Health Department. Referral responses have not been received from the following agencies: 1. Weld County Engineering. 2. Colorado Division of Water Resources. 3. Colorado Water Conservation Board. 4. Panhandle Easter Pipeline Company. 5. Colorado and Southern Railroad. 6. West Greeley Soil Conservation District. 7 . Central Colorado Water Conservancy District. 8. Burlington Northern Railroad. 9. Public Service Company. 10. Boyd Freeman Ditch Company. One inquiry has been received by Department of Planning Services' staff from a surrounding property owner. 921018 10Ar ✓sn •�_ b COW" 11 tqira ft• oy s /�-r 1 � 1 .. � � :e F. ° g 1 �. A_- • • ]mil 1 1 %NVnI '_ V'1 . . r'1 I; 0 ... N.•,-... a M.ni ali I eel a . 2 7 ...ut ii, z . 3. , .7. . dr is 9 0 •. k. ° �.� . a. •gam�y= ® 1 :.�® ! °s SEVEP4 vor ry �` _ !MMEIM. Ylr [i i>• ,1 seine t. r�aSS1177>�1E=.SDI yr , ''4. .• • ll • •• • ♦ •� 1 • �• •T• •• 0. • f� :1';Y • I a nu• 1 • 1 Ns._ 1 .. . . • Q. rria.••no' tica 70.: P' bhit./.- -- _. _ _ _ _ _ _ o. • _ _ —b1' - o• � -itt , _ _ • imiggrinl oNI/I 68 T. 6N. ! ®niY a. - �� ...®mail `� . n.o •I � 1.5..;;; 3 _ 1�LNv m-cntsn art n �m 1i:1 �� • 1 ax s A .. ... CEPNE h. „_.__ rsu s 3. �1 1C I ,. 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LEGAL DESCRIPTION: Part of Section 35, T6N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: North and adjacent to the City of Greeley; north of "F" Street and approximately 1/4 mile west of 35th Avenue. LAND USE: N Pasture, mining operation, railroad tracks E Residences S Irrigated agricultural production W Irrigated agricultural production ZONING: N A (Agricultural) E A (Agricultural) S City of Greeley W A (Agricultural) COMMENTS: The site is currently being used for pasture. The plat is correct as shown. Current Planner 9210is REFERRAL LIST NAME: 83rd Joint Venture Resources CASE NUMBER: USR-978 REFERRALS SENT: June 24, 1992 REFERRALS TO BE RECEIVED BY: July 8, 1992 COUNTY TOWNS and CITIES _Attorney Ault X Health Department _Brighton Extension Service Broomfield \ X Emergency Management Office Dacono _Sheriff's Office _Eaton N X Engineering pace <<>riickfrrc1J; _Erie _Housing Authority _Evans _Airport Authority _Firestone _Building Inspection _Fort Lupton _Frederick STATE _Garden City X Division of Water Resources Gilcrest _Geological Survey 4 X Greeley Department of Health Grover Highway Department _Hudson _Historical Society Johnstown X Water Conservation Board _Keenesburg X 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 N X 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 SOIL CONSERVATION DISTRICTS OTHER _Brighton Central Colo. Water Conservancy Dist. Fort Collins X Panhandle Eastern Pipe Line Co. X Greeley Tri-Area Planning Commission Longmont _Vern Hammers, West Adams Weld County Communications X Colorado And Southern Railroad COMMISSION/BOARD MEMBER \ X Division of Wildlife \ X Bud Clemons 0 REFERRAL LIST NAME: 83rd Joint Venture Resource CASE NUMBER: USR-978 REFERRALS SENT: June 26, 1992 REFERRALS TO BE RECEIVED BY: July 10, 1992 COUNTY TOWNS and CITIES _Attorney _Ault _Health Department Brighton _Extension Service _Broomfield Emergency Management Office _Dacono Sheriff's Office _Eaton _Engineering _Erie Housing Authority _Evans _Airport Authority _Firestone _Building Inspection Fort Lupton _Frederick STATE _Garden City _Division of Water Resources Gilcrest _Geological Survey _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 _Western Hills F-20 SOIL CONSERVATION DISTRICTS OTHER _Brighton X Central Colo. Water Conservancy Dist. _Fort Collins _Panhandle Eastern Pipe Line Co. Greeley Tri-Area Planning Commission _Longmont _Vern Hammers, West Adams Weld County Communications X Burlington Northern Railroad COMMISSION/BOARD MEMBER X Public Service Company Homelight's Power X Boyd Freeman Ditch 921018 rel: 7......\\\ 9 DEPARTMENT OF PLANNING SERVICES PHONE(303)358-4000,EXT,4400 1 915 10th STREET GREELEY,COLORADO 80631 W I Be COLORADO JUN 2 y 1992 CASE NUMBER: USR-9Weld County pl07061tJ TO WHOM IT MAY CONCERN: Enclosed is an application from 83rd Joint Venture Resource for a Site Specific Development Plan and a Special Review permit. The parcel of land is described as part of Seciton 35, 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 and adjacent to the City of Greeley; north and adjacent to "F" Street and approximately 1/4 mile west of 35th Ave. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by July 8, 1992, so that we may give full consideration to your recommendation. Please call Brian A. Grubb 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. t/cecf ad .7 n,[' Tnvneed in / reiee t- 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. :(/"Signed Agency: CC-C`'SCA.,—/"7 Date: Qt`S yZ 921018 fit'(!6O mEmORAnDUm ��• Brian A. Grubb to Weld County Planning Date July 1, 1992 COLORADO From John S. Pickle, M.S.E.H. , Director, Environmental Healtit7 Subject: Case Number: USA-978 Name: 83rd Joint Venture Resource 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 sanitary facilities served by an individual sewage disposal system, are required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. Portable toilets are not approved. 7. The Division requires that this facility utilize the existing municipal sewer treatment system, if available. 8. 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. 9. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility area in a manner that will prevent nuisance conditions. 10. The Division requires that this facility utilize existing public water supply. Bottled water is not approved for long term use. 11. Individual Sewage Disposal System permit must be finali d • • yIr by an Environmental Protection Specialist within on fa• y application date. F JUL O 1 1992 Weld County Planning JSP/jg-E1315 921019 • f,1 11 . c PARTMENT OF PLANNING SERVICES PHONE(303)358-4000,EXT.4400 ID f; JU� Q 1992 91510th STREET y, GREELEY,COLORADO 80631 WI C. Weld Coon4,jga Being O COLORADO CASE NUMBER: USR-978 TO WHOM IT MAY CONCERN: Enclosed is an application from 83rd Joint Venture Resource for a Site Specific Development Plan and a Special Review permit. The parcel of land is described as part of Seciton 35, 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 and adjacent to the City of Greeley; north and adjacent to "F" Street and approximately 1/4 mile west of 35th Ave. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by July 8, 1992, so that we may give full consideration to your recommendation. Please call Brian A. Grubb 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 revi wed the re uest and find no`^co_�n{�fl��i_cts(wwith.our interests. �F,Sr�c;P_-t, U&111 t1QJL, �fC111 4. A formal recommendation is under consideration and will be submitted to you prior to: 5 . Please refer to the enclosed letter. Signed•� ZpLca— l.A� ..� • \s_jAgency: (.O4.F P. b.. Date: b--3(3 4Z 921018 4it0 DEPAWEN�T LANNING SERVICES 9 �8 HONE(303)3564000,EXT.4400 1 vO 915 10th STREET ■ W � LAN�q0 �\(- � EELEY,COLORADO 80631 C. RECEIVED co COLORADO 44 F4C`71.2 �t cb ttt6$L CASE NUMBER: - 78 TO WHOM IT MAY CONCERN: Enclosed is an application from 83rd Joint Venture Resource for a Site Specific Development Plan and a Special Review permit. The parcel of land is described as part of Seciton 35. 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 and adjacent to the City of Greeley; north and adjacent to "F" Street and approximately 1/4 mile west of 35th Ave. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by July 8, 1992, so that we may give full consideration to your recommendation. Please call Brian A. Grubb 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 . X Please refer to the enclosed letter. S i gne \g ry,,.{ �� ,.Qj Agency: Cc (\5 d\ r) Ors o e p cps T�r Date: ThJ\-.\ \VV., G LI Ali M JUL 0 6 1992 Weld County Planning 921.018 _- t OF„ q� t � ,Mx DEPARTMENT OF THE ARMY CORPS OF ENGINEERS,OMAHA DISTRICT l(k j ) Al TRI-LAKES PROJECT OFFICE.9307 STATE HWY 121 LITTLETON,COLORADO 80123-6901 N lrmssr REPLY TO ATTENTION OF July 2, 1992 Mr. Carl Mount Mined Land Reclamation Division 1313 Sherman Street, Room 215 Denver, Colorado 80203 Dear Mr. Mount: Reference is made to Bestway Paving Company, 83rd Joint Venture, File No. M-92- 069, located in Section 35, T-6-N, R-66-W, Weld County, Colorado. Bestway Paving is aware that wetlands exists on this property. Tuttle Applegate, Inc. has had the wetland delineated and mapped and is coordinating Department of the Army permitting for this project through this office. If you have any questions concerning this matter, please contact Terry McKee at (303) 979-4120. Sincerely, TIMOTHY T. CAREY Project Manager 921013 tip", 11 DEPARTMENT OF PLANNING SERVICES f PHONE(303)356-4000,EXT.4400 IlDRECEIVED 91510th STREET GREELEY,COLORADO 80631 C. JUN 2 c into COLORADO COLO.OIL&GAS CONS.COMM. CASE NUMBER: USR-978 TO WHOM IT MAY CONCERN: Enclosed is an application from 83rd Joint Venture Resource for a Site Specific Development Plan and a Special Review permit. The parcel of land is described as part of Seciton 35 , 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 and adjacent to the City of Greeley; north and adjacent to "F" Street and approximately 1/4 mile west of 35th Ave. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by July 8, 1992, so that we may give full consideration to your recommendation. Please call Brian A. Grubb if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons . 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: We have reviewed the request and find no conflicts with our interests . 4. A formal recommendation is under consideration and will be submitted to you prior to: 5 . q/Please refer to the enclosed letter. Signed: /// 4 Agency: Cot-oRADb g/95 (IloNs, C 0A2,,y) Date: JUL 0 7 1992 U � JUL 0 8 1992 11 Web!C COMMUNITY DEVELOPMENT City of 1000 10TH STREET, GREELEY, COLORADO 80631 (303) 350-9780 Greeley July 15, 1992 Brian Grubb, Current Planner Weld County Department of Planning Services 915 10th Street Greeley CO 80631 RE: WCR USR 978 - 83rd Joint Venture Resource Dear Brian: The City of Greeley Planning Commission, at its regularly scheduled meeting on July 14 , 1992 , reviewed the above-referenced proposal for a `special use permit to allow a sand and gravel mining operation in an agricultural zone. The Commission found that the proposal, as presented, complies with the Greeley Comprehensive Plan and recommended approval, conditional upon the following: 1. The development of an acceptable buffering and screening plan for the perimeter of the project. Such screening should perform in a fashion equal to the fencing of the gravel pit north of 4th Street and west of 35th Avenue. 2 . The applicant should dedicate appropriate right-of-way along F Street for a detached off-street bike path. For your reference, I have included a copy of the staff report for this item. If you want a copy of the Greeley Planning Commission minutes, I will forward them once they become available. Thank you for the opportunity to review and comment on this item. If you have any questions, please do not hesitate to contact our office. Sincerely, G g Tebbe Plan er II JUL 2 C 1992 Weld County Planning 921015 PLANNING COMMISSION SUMMARY ITEM: Weld County Referral for a Use by Special Review PROJECT: Sand and Gravel Mining Operation APPLICANT: 83rd Joint Venture Resource LOCATION: North of F Street, 1/4 Mile West of 35th Avenue PLANNING COMMISSION HEARING DATE: July 14, 1992 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/Agriculture Overlay Zone None Total Acreage 124 Acres No. of Mining Phases 6 Area Being Mined per Phase . . . 10-15 acres Disturbed Area Per Phase 25 acres Proposed Hours 6: 30 a.m. -4 : 30 p.m. , Monday- Friday, 230 Days/Year 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 600 feet No. of Vehicles Two 25-Ton, 18-Wheel Trucks Anticipated Life Span 12-20 years 921:019 Distance to Nearest Residential Use 200 Feet Proposed Haul Route F Street and 35th Avenue Anticipated Post Mining Use . . Residential with 67 Acres of Private Lakes LAND USES OF ADJOINING PROPERTIES: North -- Agricultural/Gravel Mining South -- Vacant/Agricultural/Gravel East -- Residential/Agricultural West -- Agricultural ZONING CLASSIFICATION OF ADJOINING PROPERTIES: See attached zoning map. BACKGROUND: The property is located outside the Mid-Range Expected Service Area and inside the Greeley 1986 Comprehensive Long-Range Expected Growth Area and is located within 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 in the event the proposal is within the City's Long-Range Expected Growth Area. Bestway Paving is proposing to begin mining the pit in 1993 with front end loaders and scrapers. The material will be screened and crushed on site, then trucked to the Bestway Paving Company asphalt batch plant located approximately one mile north of the site. Each phase will consist of approximately 10-15 acres active working area with 25 acres of total disturbed area. The disturbed area will consist of roadways, working area, processing, stock piles and the area being rehabilitated. The rehabilitation of each phase will commence immediately after the Planning Comm. Summary 2 WCR/USR for Sand & Gravel S210" -% mining of each phase is completed. The applicant does not plan on providing any berming or fencing of the site during construction. The existing neighboring land uses are predominantly agricultural. There is a gravel pit to the north and one to the south of the site. (The pit to the south is located north of 4th Street and east 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) for up to 450 mobile home lots and PUD (Planned Unit Development) . The PUD is proposed as recreational vehicle parking and enclosed storage units. It is reasonable to assume that there will be additional residential growth in this area. The proposed mobile home site will be immediately adjacent and to the south of Phases 1, 2 , 3 , and 4 of the proposed gravel operation. The Phase 5 plant site will be to the immediate northwest of the mobile home site. 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: 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 early phases of the gravel operation, which will be on the east end of the parcel, should be completed prior to the development of the mobile home park and the PUD or the commercial development. There are no Planning Comm. Summary 3 WCR/USR for Sand & Gravel 921019 immediate plans to develop the mobile home park, the PUD, or commercial area. 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 potential impacts or the mitigation of those impacts on the F Street bicycle route. 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 the early phases of the mining will be completed prior to development in the city. If development of the gravel pit is delayed significantly, however, there could be an overlap and conflict in the development of the two sites. It is anticipated that the mining of this pit will 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, such as the Hall-Irwin Pit, will take approximately 20+ years to develop. There are no plans for the berming, screening, or fencing of the proposed gravel pit. In the event that there is an overlap in development of the gravel pit and the development of the neighboring urban uses inside the city, there could be significant conflict between the gravel pit and any future development south of F Street. Therefore, any active consideration of development of property on the south side of F Street would probably be delayed until the completion of the gravel pit. Given the changing market demands and priorities of gravel producers of their various gravel sites, the commencement and completion of this pit could be well into the next century. Planning Comm. Summary 4 WCR/USR for Sand & Gravel 921018 The mitigation efforts proposed by the applicant to minimize conflict and promote compatibility with the rural land uses include: • Maintaining a minimum distance of 200 feet between the mining operation and any residence. • Dividing the mining into eight specific small- scale stages in order to minimize the visual impact of the operation. These stages will limit the amount of disturbed ground to approximately 25 acres at any one time. Comprehensive Plan Policy 4 . 4 All development is encouraged to use environmentally sensitive areas for open space and recreational uses. Comprehensive Plan Policy 4. 5 All development is encouraged to mitigate any adverse environmental impact when development occurs in environmentally sensitive areas. Staff Comment: The Colorado Division of Wildlife has identified an area on the east of the project as an important wildlife area in the 1986 Greeley Comprehensive Plan. The applicant intends to mine the area and reclaim it as part of the proposed residential project. The applicant has no plans to mitigate any adverse impact on that environmentally sensitive area. 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 two ponds totaling 67 acres with perimeter landscaping appropriate for future residential use. Planning Comm. Summary 5 WCR/USR for Sand & Gravel JZ1013 PLANNING STAFF RECOMMENDATION: Find that the proposal complies with the Greeley Comprehensive Plan and recommend approval, conditional upon the development of an acceptable buffering and screening plan of the gravel pit if there is adjacent development in the city. or Find that the proposal as submitted does not comply with the Greeley Comprehensive Plan and recommend that the application be tabled until the applicant has had an opportunity to amend its application to address the impacts of the gravel extraction on future and potential land uses, particularly wildlife, recreational, residential and business uses, and the measures taken to mitigate adverse impacts on these uses. Planning Comm. Summary 6 WCR/USR for Sand & Gravel 921:©18 ace 1 DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 915 10th STREET GREELEY,COLORADO 80631 VI C. COLORADO CASE NUMBER: USR-978 TO WHOM IT MAY CONCERN: Enclosed is an application from 83rd Joint Venture Resource for a Site Specific Development Plan and a Special Review permit. The parcel of land is described as part of Seciton 35, 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 and adjacent to the City of Greeley; north and adjacent to "F" Street and approximately 1/4 mile west of 35th Ave. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by July 8, 1992, so that we may give full consideration to your recommendation. Please call Brian A. Grubb 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: U1J• Cc 1,ORt e �SI Date: )`�tl^ vllgC4 `�y\ / c'�ij41. JUL 2i; 1992 \ Ci A — Weld Comty Planning 921018 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. PLANNING COMMISSION 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 PLANNING COMMISSION HEARING FOR CASE # ,Z, - 9 THE SIGN WAS POSTED BY: NAME OF PERSON POSTING SIGN y,t SIGNATi3RE OF APPLICANT STATE OF COLORADO ) // ss. COUNTY OF WELD ) SUBSCRIBED AND SWORN TO ME THIS Z.t DAY OF Is)C / i , 19 `Y Z . SEAL NOT PUBLIC MY COMMISSION EXPIRES (9c- LAST DAY TO POST SIGN IS: -I U L ' '_ 5 , 19 q PLEASE RETURN THIS FORM TO THE DEPARTMENT OF PLANNING SERVICES' OFFICE ON OR BEFORE THE DATE OF THE HEARING. FIELD CHECK cltV 'I JUL 2r7 1992 FILING NUMBER: USR-978 DATE OF INSPECTION: weld County Planning APPLICANT'S NAME: 83rd Joint Venture Resources CURRENT PLANNER: Brian A. Grubb REQUEST: A Site Specific Development Permit and a Special Review permit for an open cut mining operation in the A (Agricultural) Zone District. LEGAL DESCRIPTION: Part of Section 35, T6N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: North and adjacent to the City of Greeley; north and adjacent to "F" Street and (approximatley 1/4 mile west of 35th Avenue. LAND USE: N R 41-A-0.4/k SFGrN kiAAN\ Lej"4 ZONING: N A (Agricultural) E C-3 (Commercial) and A (Agricultural) S Planned Unit Development and Residential Mobile Home (City of Greeley) W A (Agricultural) COMMENTS: - e_kortilelkW\ €Vr< ;LaudA y.„4_ aot , DEPARTMENT OF PLANNING SERVICES PHONE(303)3564000,EXT.4400 ' 915 10th STREET GREELEY,COLORADO 80631 C. COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, August 4, 1992, at 1:30 p.m. for the purpose of considering a Site Specific Development Plan and a Special Review permit for the property described below. Approval of the request may create a vested property right pursuant to Colorado Law. APPLICANT: 83rd Joint Venture Resources LEGAL DESCRIPTION: Part of Section 35, T6N, R66W of the 6th P.M. , Weld County, Colorado. TYPE AND INTENSITY OF PROPOSED USE: A Site Specific Development Plan and a Special Review permit for an open cut gravel mining operation in the A (Agricultural) Zone District. LOCATION: North of and adjacent to the City of Greeley; north and adjacent to "F" Street and approximately 1/2 mile west of 35th Avenue. SIZE: 124 acres, more or less The public hearing will be held in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 915 Tenth Street, Room 342 , Greeley, Colorado 80631, before the above date or presented at the public hearing on August 4, 1992. Copies of the application are available for public inspection in the Department of Planning Services , Room 342, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado 80631 - Phone - 356-4000, Extension 4400. Bud Clemons, Chairman Weld County Planning Commission To be published in the New News To be published one (1) time J 10, 1992 Received by: Date: 921019 f A ? DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 ID 91510th STREET GREELEY,COLORADO 80631 VI C. COLORADO TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: USR-978 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, August 4, 1992, 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: 83rd Joint Venture Resources FOR: A Site Specific Development Plan and a Special Review permit for an open pit mining operation in the A (Agricultural) Zone District. LEGAL DESCRIPTION: Part of Section 35, T6N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: North and adjacent to the City of Greeley; north and adjacent to F Street and approximately 1/4 mile west of 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 Brian A. Grubb, Current Planner. 9 2101 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-978 for 83rd Joint Venture Resource in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list. this 23 day of July, 1992. 921018 PROPERTY OWNERS WITHIN 500 FEET 1 . Marilyn L. Bunn 0805-34-000-030 10305 Dickens Avenue Bethesda, MD 20014 2 . Western Mobile, Inc. 0805-34-000-031 P. 0. Box 1647 Greeley, CO 80632 3. Keith & Barbara McIntyre 0805-34-000-076 4804 F Street Greeley, CO 80631 4. Robert & Patsy Drewer 0805-34-000-077 4702 West F Street Greeley, CO 80631 5 . Putnam Farm Partnership 0805-35-000-010 c/o Prime Management 4891 Independence Street, #140 Wheat Ridge, CO 80033 6 . William & Dorothy Rodman 0805-35-000-012 c/o Greeley National Bank P. 0. Box 1098 Greeley, CO 80632 7 . Wayne & Elaine Larson 0805-35-000-013 3501 West F Street Greeley, CO 80634 8. Elmer & Cecil Elliott 0805-35-000-044 4699 West F Street Greeley, CO 80631 9 . Western Mobile, Inc. 0805-35-000-069 P. O. Box 1647 Greeley, CO 80632 10. Marilyn L. Bunn 0805-35-000-072 10305 Dickens Avenue Bethesda, MD 20014 11. Putnam Farm Partnership 0805-35-000-073 c/o Prime Management 4891 Independence Street, #140 Wheat Ridge, CO 80033 12 . Western Mobile, Inc. 0805-35-000-078 P. 0. Box 1647 Greeley, CO 80632 921018 13. Phyllis Ketler Gardener & William & Price Ketler 0805-36-000-004 Rural Route Max, NE 69037 14 . City of Greeley 0805-36-000-050 919 Seventh Street Greeley, CO 80631 15 . Platte Valley Investment Company 0805-36-000-053 P. 0. Box 3296 Greeley, CO 80633 16 . Flatiron Sand and Gravel 0805-36-100-013 P. 0. Box 229 Boulder, CO 80302 17 . Margarette La Verne Evans Et Al 0805-35-000-043 Charles L. Evans, Jr. Heirs 0805-35-000-011 c/o Berthoud National Bank 2638 12th Avenue Greeley, CO 80631 18 . Bellweather Exploration 3455 F Street Greeley, CO 80631 19. Weld County Commissioners 915-10th Street Greeley, CO 80631 20. Boyd Freeman Ditch Company c/o John Hickman Western Mobile, Inc. P. O. Box 215001 1400 West 64th Avenue Denver, CO 80221 21. Colorado & Southern Railway 1405 Curtis Street Denver, CO 80202 STATE OF COLORADO MINED LAND RECLAMATION DIVISION of c9to AFq9 Department of Natural Resources 1:911/3/4% 1313 Sherman St., Room 215 +�"ti Denver,CO 80203 * 303 866-3567 1876 FAX: 303 832-8106 Roy Romer, Governor Michael B.Long, Division Director Notice of 112 Regular Reclamation Permit Application Consideration DATE: June 23, 1992 TO: Weld County Commissioners 915 10th St Greeley, Colorado 80632 FROM: Carl_ ,ount, Senior Reclamation Specialist 1/1 RE: Bestwaji� PaJ.ing Company, 83rd Joint Venture, File No. M-92-069 Please be advised that Bestway Paving Company, whose address and telephone number are 131 N 35th Ave, P 0 Box 3189, Greeley, CO 80633; (303) 353-1654, has filed an application to conduct surface mining and reclamation, at or near Section 35, Township 6N, Range 66W, 6th Prime Meridian in Weld County. The application decision is scheduled for September 21 , 1992. Copies of the application are available for review at the Weld County Clerk & Recorder' s office and at the office of the Colorado Mined Land Reclamation Division, Room 215, 1313 Sherman Street, Denver, Colorado 80203. All comments or objections must be submitted in writing and received by the Division no later than 20 days after the date of last publication in order to be considered in the application review process . /BDC 8030G Nay 1991 (uat �QnRty p, annfng 92101' 8 11 DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 ' 915 10th STREET VI DGREELEY,COLORADO 80631 C. COLORADO July 2, 1992 Mined Land Reclamation Division Attention Carl B. Mount, Senior Reclamation Specialist 1313 Sherman Street, Room 215 Denver, CO 80632 Subject: Bestway Paving Company, 83rd J.V. Resource, File No. M-92-060, Weld County Case Number USR-978. Dear Mr. Mount: Thank you for the notification regarding the consideration of the 112 Regular Reclamation Permit submitted by J.V. Resource. Our office has received the appropriate land-use applications and we are currently reviewing the materials. This application will be heard by the Weld County Planning Commission on August 4, 1992 and then will be forwarded to the Board of County Commissioners for review sometime around the first week of September, 1992. If you have any questions regarding this proposal, please feel free to call our office. Sincerely, Brian A. Grubb Current Planner BAG7sfr 921013 07:-....\\0044S DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 ' 915 10th STREET GREELEY,COLORADO 80631 C. COLORADO June 25, 1992 83rd Joint Venture Resources P.O. Box 3178 Greeley, CO 80633 Subject: USR-978 - Request for a Use by Special Review on a parcel of land described as part of Section 35, T6N, R66W of the 6th P.M. , Weld County, Colorado. Dear Sirs: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Planning Commission for August 4, 1992, 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 Greg Fleebe at (303) 350-9782 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 July 24, 1992, you or a representative should call me to obtain a sign to be posted on the site no later than July 25, 1992. 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. 921018 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, /� 1— ' f b Brian A. Grubb Current Planner pc: 83rd Joint Venture Resource 131 N. 35th Ave. Greeley, CO 80633 Tuttle Applegate 11990 Grant Street, Suite 410 Denver, CO 80233 921018 ROY ROMER h6 HAROLD (HAL) D. SIMPSON Governor * �� * State Engineer 4/876 OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 FAX (303) 866-3589 August 26, 1992 �[ Mr. Brian A. Grubb, Planner JI,PI �ff �4 Weld County Dept. of Planning Services IIII\ AUG 3 1 1992 910 10Th Street .1W Greeley, CO 80631 Cu7 Weld Cou tv Planning Re: 83rd Joint Venture Resources, URS-978 Sec. 35, T6N, R66W, 6TH PM W. Division 1, W. District 3 Dear Mr. Grubb: We have reviewed the above referenced application to mine between 200,000 and 300,000 cubic yards of sand and gravel per year, on a 124 acre site. Water Requirements are identified as totaling 14.9 acre feet per year during the mining operation and 167.8 acre feet per year after mining is complete. The proposed water supply is to be from existing water rights owned by the applicant, which will be incorporated into a plan for augmentation or substitute supply plan to be submitted to the State Engineer for review and approval. Since the mining operation will expose ground water, the provisions of Senate Bill 120 must be complied with. Under Senate Bill 120 which was enacted June 10, 1989, a well permit must be obtained before groundwater can be exposed to the atmosphere. A well permit cannot be issued without a Water Court approved plan for augmentation or a substitute supply plan approved by the State Engineer. Our records indicate that no fees or substitute water supply plan have been submitted to date for this pit. We have no objection to a preliminary approval of the proposal with the condition that no mining take place until the provisions of Senate Bill 120 have been complied with. We note that on page G-7 of the submittal report the applicant indicates that they will not mitigate injury to wells that are affected by their operation that were not put to beneficial use prior to mining operations. It is our opinion that any well that is constructed and pump tested prior to being impacted by the operations lowering of the water table should have injury mitigated. 321:U3s Mr. Brian A. Grubb August 26, 1992 If you have any questions in this matter, please contact me. Sincerely, J04,„,i) SeSutAAe-,A) John Schurer, P.E. Senior Water Resource Engineer JS/83rd cc: Alan Berryman, Division Engineer Bruce DeBrine 921019 mEmoRAnDum wiseTo Br4an Crubb, Planving Date 992 COLORADO From Drew crheltinga, county Fngineer Subject: R4rd Joint Venture Recourre, USR-97R The application materials indicate the haul route will be on F Street from the pit entrance to 35th Avenue and 35th Avenue to the Best Way Paving Company entrance. The USR permit should restrict hauling to that route. I disagree with the statement that F Street is an established truck route and has a pavement section that will carry the traffic. Presently, F Street is in good shape because of recent repairs and a chip seal. Forty-eight trips a day by a fully-loaded semi-tractor trailer is a substantial impact. The applicant should be required to enter into a road maintenance and improvements agreement. Attached is a sample agreement presently enforced in the Rinn area. tr.. a DS/gb:usr978 Attachments it AUG 1 9 1992 cc: Commissioner Webster atMMCowatjpga.,,ing 921918 AFFIDAVIT OF PUBLICATION pu&aC IFAEIIC The Weld Gamy PlanningSTATE OF COLORADO Commission will hold a SS public h°a^°o on Tuesday. COUNTY OF WELD Aqua 4,1992.at 170 p.m for the PuiPole ot:: considering a Site Specific I, KEITH HANSEN, of said County of Weld, being Dwelopmebt Plan and a duly Special Review permit for sworn,say that I am publisher of the properly described below. Approval of the request may creme a vested WINDSOR BEACON property right pursuant to Colorado Law. a weekly newspaper having a general circulation in said APPLICANT: 93rd Joint County and State, published in the town of WINDSOR, Venture Resources in said County and State; and that the notice, of which LEGAL DESCRIPTION:Pam the annexed is a true co has been published in said of Section 35,T6N.1166W of copy, the 6th P4orltirldlY. weekly for_ _successive weeks, that the notice c•raa` ." was published in the regular and entire issue of every Ten a OF number of the paper during the period and time of POICIPOSEO ♦See publication, and in the newspaper proper and not in a Specific Development Plan supplement,.and that the first publication of said notice and a Spada/Review Permit for an open cut gravel was in said paper bearing the date of the mining operation in the A (Agrleulurm)Zone District. IDCATION: North ct and 2 day of 1/ , A.D., 19 q rand adjacent to the City of the last publication bearing Ithe date of the Greeley:north and adjacent to F' Street and day of approximately 1/2 mile west A.D., 19 and ct35th Avenue. that the said WINDSOR BEACON has been published s2E:124 saes more or less continuously and uninterruptedly for the period of 5 consecutive weeks,in said County and State,prior to the The public hearing will be date of first publication of said notice, and the same is a held In the Weld County. Commissioners' Nearing.. newspaper within'the meaning of an Act to regulate Room, First Floor, Weld printing of legal notices and advertisements, a roved County Centennial Center, P g g PP 915 Tenth Street,Greeley, May 18, 1931,and all prior ac so as in force. Colorado. Comments or objections related to the above request should be submitted in writing to the (I Weld County Department of �- Planning services. 915 P ISHER Tenth Street,Room 342, Greeley.Colorado 80631, before the above date or Subscribed a d sworn to before me this day presented at the hearing on August 4,1992.Ic of "`J a 5.74-- 19 97 Copes m the application are -- ////a1Y"' YYwJl, 21 7 7 available for public JJI-- inspectun in the Department NOTARY PUBLIC of Planning Services.Room 342, Weld County ((�� J( Centennial Center, 915 My commission expires q IIn—l�l,�"l] Tenth Street. Greeley. Colorado 90931 - Phone- 356.4000.Extension 4400. Bud Clemons,Chairman Weld County Manning Commission To be published in the New News To be published one(1)time by July 10,1992 Published in the Windsor Beacon on July 2.1992. 9y1018 37.G 6►JAitll 'J FiqutAil IstftraEYs Cfr jiAUG 3 I 1991 jj?Veld Cotmtr planning COUNTY OF WELD, STATE OF COLORADO LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT THIS AGREEMENT, made and entered into this day of 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 35th Avenue, and WHEREAS, it is anticipated there will be additional land use permits granted by the County in the future, and WHEREAS, gravel mining and plant operations are anticipated to continue in this area well into the future, and WHEREAS, the County roads in the area of 35th Avenue 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 are as follows: a. F Street from a point approximately 3,500 feet west of the intersection of 35th Avenue east to 35th Avenue. b. Those parts of 35th Avenue for half mile south of F Street which are in un-incorporated Weld County and are maintained by Weld County. Presently these road sections include the northbound lane not adjacent to the mobile home park. 2 . The Operator may use F Street and on 35th Avenue as haul routes. -1- 921018 Road Maintenance and Improvements Agreement Page 2 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 that use the haul routes described in Paragraph 1 above, to participate in Road Maintenance and Improvements Agreements as outlined herein. 5. The Operator and present and future gravel operators are required to share in 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 Public Works 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. All parties to this agreement shall review and agree on this information. When combined with information provided by other operators (as set forth in paragraph five (5) ) and the County, the proportionate amount of materials removed by each operator will be used to determine each operator's share 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. Any sharing done between the gravel operators shall be by separate agreements. 10. The burden on currently permitted gravel operations will not be increased as a result of future gravel operations. 921018 Road Maintenance and Improvements Agreement Page 3 11 . 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. 12. If the Operator does not participate as outlined in this Agreement, it will constitute a violation of the Operator's land use permit granted by the County. The County shall have the right to take remedial measures, within a reasonable amount of time, against the Operator for non-participation. 13. This Agreement is not assignable by Weld County to any other entity and will be null and void for those sections of roads listed in Paragraph 1 which become annexed to the City of Greeley. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement the day and year first-above written. 83RD AVENUE JOINT VENTURE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO • By: Carl Hill Jr. By: 83rd Joint Venture George Kennedy, Chairman ATTEST: Weld County Clerk to the Board By: Deputy Clerk to the Board STATE OF COLORADO ) COUNTY OF The foregoing instrument was acknowledged before me by Carl Hill Jr. this day of , 1992. Notary Public My commission expires: -3- La, r: Tuttle Applegate, Inc. 11990 Grant Street; Suite 410 Denver, CO 80233 � ntC IVE JUN 1 1 1992 Weld County Planning NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR REGULAR (112) OPERATION NOTICE TO THE BOARD OF SUPERVISORS OF THE LOCAL SOIL CONSERVATION DISTRICT Weld County DISTRICT 83rd Avenue Joint Venture (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 notity 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 for residential Pursuant to C.R.S. 34-32-116(7)(j ) the Board is required to confer with the local Soil Conservation Districts before approving of the post-mining land use. Accordingly, the Board would appreciate your comments on the proposed operation. Please note that, in order to preserve your right to a hearing before the Board on this application, you must submit written comments on the application within twenty (20) days of the date of last publication of notice pursuant to C.R.S. 34-32-112(10). If you would like to discuss the proposed post-mining land use, or any other issue regarding this application, please contact the Colorado Mined Land Reclamation Division, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567. NOTE TO OPERATOR: You mist attach a copy of the first two pages of the application 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. � 921019 � cc 3 L. I, �:- i REGULAR OPERATION (112) RECLAMATION PERMIT APPLICATION FORM The application for a Regular Operation Reclamation Permit contains three major parts: (1 ) the application form; (2) Exhibits A-S; and, (3) the application fee. When you submit your application, be sure to include five (5) signed copies of the application form , five (5) copies of Exhibits A-S. and a check for the application fee described under Section (14) on Page 3. To expedite processing, please provide the information in the format and order described in this form. GENERAL OPERATION INFORMATION Type or print clearly, in the space provided, all information described below. 1 . Applicant/operator name: Bestway Paving Company 1 . 1 Type of organization (corporation, partnership, etc. ): Corporation 2. Operation name (pit, mine or site name) : 83rd Joint Venutre Resource 2. 1 I .R.S. Tax ID No. or Social Security No. : 84-1047310 3. Permitted Acres: 124 Permitted acres Please indicate acreage to the nearest tenth (10th) acre. 3. 1 Application fee (see Section 14) : $1,875.00 Application fee 4. Substance(s) to be mined (e.g. , gravel/gold/borrow) : Sand and Gravel 5. Name of owner of surface of affected land: 83rd Joint Venture 6. Name of owner of subsurface rights of affected land: 83rd Joint Venture If 2 or more owners , refer to Exhibit P. 7. Type of mining operation: X Surface _ Underground 8. Location Information: the center of the area where the majority of mining will occur lies in: COUNTY: Weld PRINCIPAL MERIDIAN (check one) : X 6th (Colorado) 10th (New Mexico) Ute TOWNSHIP (write number and check direction) : T 6 Ax. North South RANGE (write number and check direction): R 66 East xx West SECTION (write number) : S _ QUARTER SECTION (check one) : NE NW _ SE Ax SW --QUARTER/QUARTER SECTION (check one): XX NE NW SE SW GENERAL DESCRIPTION: (miles and direction Approximately 1 mile Northwest of Greeley from nearest town and approximate elevation) 4670 feet Elevation 9, 1018 -2- 9. Correspondence Information: APPLICANT/OPERATOR (name , address, and phone of name to be used on permit) Individual ' s Name: Carl Hill Company Name: Bestwav Pavina Company Street: 131 North 35th Avenue: P. O. Box 3189 City: Greeley State: Colorado Zip Code: 80633-3189 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: Colorado Zip Code: 80233 Area Code: 303 Telephone: 452-6611 INSPECTION CONTACT Individual ' s Name: Carl Hill Company Name: Bestway Paving Company Street: 131 North 35th Avnue; P. 0. Box 3129 City: Greeley State: Colorado Zip Code: 80633-3189 Area Code: 303 Telephone: 353-1654 CC: STATE OR FEDERAL LANDOWNER (if any) Agency: N/A Street: City: State: Zip Code: Area Code: Telephone: CC: STATE OR FEDERAL LANDOWNER (if any) Agency: N/A Street: City: State: Zip Code: Area Code: Telephone: 9Z1.013 -3- 10. Primary future _ Cropland(CR) _ Pastureland(PL) _ General Agriculture(GA) (Post-mining) _ Rangeland(RL) _ Forestry(FR) _ Wildlife Habitat(WL) land use yy 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) 12. Method of Mining: _ Quarry (OR) _ Solution (SO) 12a. Other: Briefly explain mining method (e.g. Placer, truck/shovel). Material will be excavated using front-end loaders and scrapers and screened and crushed on site. 13. On Site Processing: Solution (SO) Chemical (CH) _ Thermal (TH) _ Heap Leach (HL) _ Vat Leach (VL) 14. Application Fee: The application fee for quarry mining is $2,325. The application fee for solution mining or any chemical or thermal processing is $3, 100. If none of these methods or processes are to be included in the operation then the application fee is $1 ,875. An applicant will not be issued a reclamation permit until notified by the Division that this application and the required performance and financial warranties have been approved. Alternatively, an automatic approval will occur where the Division fails to notify the applicant/operator that the application has been denied. The final agency action must be made within 120 calendar days from the date the application was submitted. However, the performance and financial warranties must be approved by the Division or Board before a permit will be issued even if you receive an automatic approval . NO MINING OPERATIONS SHALL BEGIN UNTIL A PERMIT IS ISSUED (Rule 7.2(2)) . It shall be a provision of this permit that the operations will be conducted in accordance with the terms and conditions listed in your application, as well as with the provisions of the Act and the Mineral Rules and Regulations in effect at the time the permit is issued. 921018 -4- Notice Requirements Immediately after the first publication of your notice in a newspaper of general circulation in the locality of your proposed mining operation, you must mail a copy of the notice to all owners of record of surface rights to the affected land and all owners of record of lands that are within 200 feet of the boundary of the affected land. Notice requirements are specified in Rule 2.2. A copy of a form which includes all required information for the notice has been attached for your use . You will need to provide the Division proof of notice prior to the decision date, which may be by submitting return receipts of a certified mailing or by proof of personal service (Rule 2.2.2(6)) . NOTE TO COMMENTORS/OBJECTORS: It is likely there will be additions , changes, and deletions to this document prior to final decision by the Mined Land Reclamation Board or Division. Therefore, if you have any comments or concerns , you should contact the applicant or the Division prior to the decision date so that you will know what changes may have been made to the application document. The Division is not allowed to consider comments, unless they are written, and received prior to the end of the public comment period. You should contact the applicant for the final date of the public comment period. If you have questions about the Mined Land Reclamation Board and Division' s review and decision or hearing process, you should contact the Division at (303) 866-3567. As an authorized representative of the applicant, I hereby certify that the operation described herein has met the minimum requirements of the following terms and conditions: 1 . This mining operation will not adversely affect the stability of any significant, valuable and permanent man-made structure(s) located within two hundred (200) fee of the affected lands. However, where there is an agreement that damage to the structure is be be compensated for by the applicant/operator (C.R.S. 34-32-115(4)(d)) , then mining may occur within 200 feet. Proof of an agreement must be submitted to the Division prior to the decision date. 2 . No mining operation will be located on lands where such operations are prohibited by law (C.R.S. 34-32-115(4)(f)) ; 3. As the applicant/operator, I do not have any mining/prospecting operations in the State of Colorado currently in violation of the provisions of the Mined Land Reclamation Act (C.R.S. 34-32-120) as determined through a Board finding. 9`71.01S -5- 4. I understand that statements in the application are being made under penalty of perjury and that false statements made herein are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503, C.R.S. Signed and dated this h/ day of S, ,, , /992. . Ee3,- (L) 1 el,7--Art fi Aidg, �� %pplicant/Operator If Corporation Attest (Seal ) By: By: 4. �✓`1' Title: C rporate Secretary or Equivalent Town/City/County Clerk State of 41..4 /, ) ss. County of iuc/cl ) The foregoing instrument was acknowledged before me this . day of .;T,�,n r i9f',2 by dAR/IJ II Tr. as ibex/ of 4- vi ./.(1 .tv, ea. • 4otary Public A 'Commission 9tSJwy s a.; My Commission Expires: (08/91 ) 2823E 91018 EXHIBIT A LEGAL DESCRIPTION That portion of Section 35, Township 6 North , Range 66 West of the 6th Principal Meridian in the County of Weld, State of Colorado more particularly described as follows : Considering the West line of the Southwest Quarter of said Section as bearing South 1°09 ' 16" West with all bearings contained herein relative thereto. Beginning at the West Quarter corner of said Section 35 ; thence along the West line of said Section South 1 "09 ' 16" West 1038.21 feet to a point , said point bears North 1"09' 16" East 325.00 feet from the South- west corner of the North Half of the Southwest Quarter of said Section ; thence parallel with the South line of the North Half of the Southwest Quarter of said Section South 89°31 '58" East 180.00 feet ; thence parallel with the West line of the Southwest Quarter of said Section South 1°09' 16" West 325.00 feet more or less to the South line of the North Half of the Southwest Quarter of said Section ; thence along said South line South 89°31 '58" East 2571 .51 feet to the Southeast corner of the North Half of the Southwest Quarter of said Section ; thence along the South line of the North Half of the Southeast Quarter of said Section South 89°32 '00" East 1826.66 feet more or less to the West line of that certain parcel of land described in Deed recorded in Cook 1603, Page 389 records of said County ; thence along said West line North 0'15 '00" East 492 .88 feet more or less to the South Right-of-Way of the Colorado Southern Railroad; thence along said Right-of-Way North 72°22 ' 19" West 4765. 15 feet more or less to the West line of said Section ; thence along said West line South 1 °12 '33" West 535. 75 feet to the point of beginning. Above described parcel contains 124. 180 Acres more or less. 921018 EXHIBIT S R66 \\\iii c• �\ c W� v p .� , , e> ii e g., y�AR �� /4670 _� Po I� ALr 4668 \ ° • •eCACHE P O R "f- \J- 'n c0 i 47�i - I b CO��RgDO ' \ ` \ \ P F,4 4685 , HERIy R. , <s>__ \, � ' ;, iv E c w F 3� SITE LOCATION 36 34 -/ .a ».- '+ ��.. .. kern nw•r'\ °" - w693 rek$x' ,.M�- 4964 Olii ,`\ - - \, F STREET e: , N----/' I <_'. C cf•I1ii 4,a . es - 9 T6N � eo �.v,��ae it yy q> "'`� '.�i.J I,,��. ``W, v.l,__ SP++n, Ill ° T5N �� Q - Trailer I yo ( y Q l $ Park I / gee I \� F 'Gravel F VT 11Trailed s l A ^^N � . II �'J \ t N :ISPO • 9 .1 °. _ ii i W \ a\ ti j 1 •off e 6 • \\Y o d I� �I\J 2 ii - _,.,* ti t —qtr d IL) ' rve In �—J a 0 2000 ED imis 1'-20 N VICINITY MAP TUTTLE APPLECATE, INC. A. lbmultanu la Las as Re.wrce Development _ < 11990 Grant Street, Suite 4 / — Denier, Colorado 80233 6219t 13031452-6611 Hello