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Ii $ 3rL$r I RIII r��6r� 41,a � R-__� \ cc 00 Q 1E 1z J �i� 1t.� :I•. f� _....-_" 7) c.,:. 5 g li 's iI� t�1_ . - — • vA�- _ 8e6 g al 4.=e a .�� tae . n I , i • — �Ias / ��._� 1. �..- .--��i _ Ti—_.r_ = 3 3�nxvr., �� a o II _• / 39 , I \ 1 I �_0 II• r I � I RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR GRAVEL MINING AND CONCRETE AND ASPHALT BATCH PLANTS - C & M COMPANIES WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 7th day of March, 1990 , at the hour of 10: 00 a.m. in the Chambers of the Board for the purpose of hearing the application of C & M Companies, P.O. Box 490, Niwot, Colorado 80544, for a Site Specific Development Plan and Use by Special Review Permit for gravel mining and concrete and asphalt batch plants on the following described real estate, to-wit: Part of Section 32 and part of the Wi , Section 33 , all in Township 6 North, Range 65 West of the 6th P.M. , Weld County, Colorado WHEREAS, said applicant was represented by Gary Tuttle, of Tuttle Applegate, and WHEREAS, Section 24 .4 .2 of the Weld County Zoning Ordinance provides standards for review of said Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1 . The submitted materials are in compliance with the application requirements of Section 24 .7 , 44 .1 , 44 . 2 and 44 .3 of the Weld County Zoning Ordinance. 2 . It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24 .4 .2 of the Weld County Zoning Ordinance as follows: a. This proposal is consistent with the Weld County Comprehensive Plan' s Mineral Resource Goals and Policies, the Urban Growth Boundary Area Goals and Policies , and the Transportation Goals and Policies. The Conditions of Approval and Development Standards will assure that these goals 900223 ct-)l,3O (o8? Page 2 RE: USR - C & M COMPANIES and policies are met. The Comprehensive Plan encourages the extraction of mineral resources when the mining plan promotes reasonable and orderly development of the mineral resources. b. The proposal is consistent with the intent of the Agricultural Zone District and is provided for as a Use by Special Review. c. The Conditions of Approval and Development Standards will make the proposal compatible with the existing surrounding land uses . Surrounding land uses include agricultural production, oil and gas production, and residential home sites. d. The proposed use will not have an adverse effect on the existing and future development of the surrounding area as permitted' by Weld County and City of Greeley Comprehensive Plans. The City of Greeley Planning Commission has reviewed this proposal and recommended conditional approval. The conditions are addressed in the attached Conditions of Approval and Development Standards. The Town of Windsor has reviewed this proposal and found no conflicts with its interests. e. Part of the Special Review Permit site is located in the 100-year flood plain. Special Review Permit Development Standards and Conditions of Approval address the overlay district requirements. No other overlay districts affect the site. f. Special Review Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Site Specific Development Plan and Special Review Permit for gravel mining and concrete and asphalt batch plants on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1 . The attached Development Standards for the Special Review Permit shall be placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the office of the Weld County 900223 Page 3 RE: USR - C & M COMPANIES Clerk and Recorder 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 Division of Water Resources has approved a well permit or water supply for each mining phase. Each phase may be approved separately. b. The Weld County Health Department has approved a system of monitoring wells to detect impacts on any nearby groundwater uses and residences. In order to correct any impacts, the applicant shall take measures such as , but not limited to, the installation of drain tile. c. An emissions permit has been obtained from the Air Pollution Control Division, Colorado Department of Health, for fugitive dust and source emissions. d. A NPDES permit has been obtained from 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. A 404 permit has been issued by the Army Corps of Engineers, if applicable. 4 . Prior to recording the Special Review Permit plat, the plat shall be amended to show the following: a. An access road easement to the existing oil and gas production facilities. b. An access road easement to all Western Area Power Administration transmission line structures. 900223 Page 4 RE: USR - C & M COMPANIES c. The initial plant site location relocated to Phase 2 of the mining operation. d. A haul road access for Phases 1 and 2 of the mining operation located on Weld County Road 64. e. The boundaries of Phases 2, 3, and 4 , north of the Cache la Poudre River, may be adjusted to address concerns raised by the Division of Wildlife and Army Corps of Engineers. f. The Use by Special Review boundary area amended to exclude all lands south of the centerline of Greeley Ditch No. 3 located in Sections 32 and 33, T6N, R65W of the 6th P.M. , Weld County, Colorado. g. Weld County Road 29 haul road and plant site location removed from Phase 1 of the mining operation. h. An additional 20-foot road right-of-way dedicated for Weld County Roads 27 and 64 toward the C & M Companies property. Extraction of sand and gravel shall be set back 25 feet from the new property line. i. A 500-foot setback from the residences located at 13276 and 13648 Weld County Road 64 , unless by written agreement the property owners consent to other arrangements. j . An eight-foot berm shall be located at the 500-foot setback, unless by written agreement the property owners consent to other arrangements. 5. Prior to recording the Special Review plat: a. An off-site Road Improvements and Maintenance Agreement shall be approved by the Board of County Commissioners. The agreement shall mitigate impacts generated by the operation to County roads . The agreement shall also consider road impact concerns outlined in the City of Greeley' s letter of November 30 and item #6 in the memo from Environmental Protection Services dated November 22, 1989 . 900223 Page 5 BE: USR - C & M COMPANIES b. An agreement protecting the Greeley No. 3 Ditch from loss of water shall be signed by representatives of the Greeley Irrigation Company and C & M Companies and submitted to the Department of Planning Services. c. An agreement protecting the drainage tile line in Phase 4 and/or the Elder Aquaculture Diversion Structure shall be signed by Chris Elder and a representative from the C & M Companies . A copy of the agreement shall be forwarded to the Department of Planning Services. d. The applicant shall meet with representatives of the Division of Wildlife to complete an agreement to mitigate negative impacts on the warm water slough, wetlands, and wildlife habitat. This area is approximately 35 acres in size. The Division of Wildlife shall review the agreement and prepare a recommendation for use by the Board of County Commissioners. The agreement shall be approved by the Board of County Commissioners. C & M Companies shall not diminish legally adjudicated water rights with respect to development of wetlands on the property. In creation of wetlands, C & M Companies will match consumptive uses between existing and new wetlands such that an augmentation plan is not necessary. e. The C & M Companies shall reserve a Poudre River Trail right-of-way for the City of Greeley within the 100-foot setback area along the southern boundary of Lakes 2 and 3 . The right-of-way shall be shown on the Use by Special Review plat. Upon written request by a representative of the City of Greeley, the Poudre River Trail right-of-way shall be granted. 6 . The following note shall be placed on the Special Review Permit plat: NOTE: The Mined Land Reclamation Board has the -authority to issue permits for mining and reclamation activities. Activities related to mining and reclamation are, therefore, under the jurisdiction of the Mined Land Reclamation Board. However, Weld County has jurisdiction _of those matters outlined in the Development Standards. 900223 Rage 6 RE: USR - C & M COMPANIES The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of March, A.D. , 1990 . BOARD OF COUNTY COMMISSIONERS ATTEST: WELD UNTY, COLORADO Weld County erk and Recorder (AYE) and Clerk to the Board ene R. Brantner, hairman fl (NAY) • Gge ennedy, Pro-Te Deputy County rk LLL NAY) APPROVED AS FORM: Constance L. Harber CCV f (AYE) C.W. Kir y unty Attorney (AYE) Gordo . La y 900223 DEVELOPMENT STANDARDS C & M Companies USR-897 1 . The Site Specific Development Plan and Special Review Permit is for a gravel mining operation and concrete and asphalt batch plant materials processing facility as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. 2. Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 , C.R.S. , as amended. 3 . The gravel mining operation shall comply with Section 44 .4 , the Operation Policies of the Weld County Zoning Ordinance. Any violation of these regulations shall be grounds for -enforcement of Section 44 . 6 of the Weld County Zoning _Ordinance. 4 . The haul route for Phases 1 and 2 of the mining operation shall access Weld County Road 64 ("O" Street) or Weld County Road 27 (83rd Avenue) . The haul route for Phases 3 and 4 shall access Weld County Road 27 (83rd Avenue) . Weld County Road 29 (71st Avenue) shall not be used as a haul route, except to make deliveries to the Boomerang Golf Course and associated residential development. The applicant shall post a sign at the exit gates identifying the haul routes. 5 . All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 6. 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 odors. 7. No permanent disposal of wastes shall be permitted at this site. 8 . -The septic system for the proposed office is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. 9 . An ISDS Evaluation on all existing septic systems will be necessary prior to issuing the required septic permits. 900223 Page 2 DEVELOPMENT STANDARDS - C & M COMPANIES 10 . All rock, gravel , topsoil materials, and waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 11 . Fugitive dust shall be controlled on this site at all times. 12 . The Special Review site shall be maintained in compliance with the approved NPDES Permit at all times. 13. The maximum permissible noise level shall not exceed the light industrial limit of 70 dB (A) , as measured according to 25-12-102 , Colorado Revised Statutes. In addition, the noise level created by the mining operation shall not exceed 55 dB (A) at any residence within 2000 feet of extraction. The cost of additional noise monitoring shall be paid by C & M Companies. 14 . An individual sewage disposal system or vault is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 15 . The property shall be maintained in compliance with the Weld County Flood Hazard Overlay District requirements. 16 . All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 17 . The property shall be maintained in compliance with Section 404 of the Clean Water Act, if applicable. 18 . The property owner or operator shall be responsible for complying with the Design Standards of Section 24 . 5 of the Weld County Zoning Ordinance. 19 . The property owner or operator shall be responsible for complying with the Operation Standards of Section 24 .6 and 44 .4 of the Weld County Zoning -Ordinance. 20 . Phase 1 of the mining operation shall be completed by December 31 , 1998. The Reclamation Plan for Phase 1 shall be completed within three years of the completion of mining operations in Phase 1 . 900223 Page 3 DEVELOPMENT STANDARDS - C & M COMPANIES 20 . Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 21 . The Special Review area shall be limited to the plans shown -herein and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are' permitted. Any other changes shall be filed in the office of the Department of Planning Services. 22 . The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 900223 HEARING CERTIFICATION DOCKET NO. 89-64 RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE _BY SPECIAL REVIEW PERMIT FOR GRAVEL MINING AND CONCRETE AND ASPHALT BATCH PLANTS - E & M COMPANIES A public hearing was conducted on March 7, 1990, at 10:00 A.M. , with the following present: Commissioner Gene R. Brantner, Chairman Commissioner -George Kennedy, Pro-Tem Commissioner Constance L. -Harbert Commissioner -C.W. Kirby Commissioner Gordon E. Lacy Also present: Acting Clerk to the Board, Mary Reiff Assistant County -Attorney, Lee P. Morrison Planning Department representative, Rod Allison Health Department _representative, Wes -Potter The following business was -transacted: I hereby certify that pursuant to a notice dated December 27, 1989, and duly published January I1, 1-990, in The New News, a public hearing was conducted to consider the application of C & M Companies for a Site Specific Development Plan and Ilse by Special Review Permit for gravel mining and concrete and asphalt batch plants. Lee Morrison, Assistant County Attorney, made this matter of record. Mr. Morrison noted that this hearing had been continued twice previously, most recently from February E8 -due to the applicant's failure to properly post the property. He said surrounding property owners were notified by mail of the most recent continuation. Rod Allison, Planning Department representative, _read the Planning Commission's recommendation for denial -of this application. Gary Tuttle, of -Tuttle Applegate, came forward to represent the applicant. He said this project is proposed for 360 acres -which are net prime farm land, but contain a resource of commercial value. Mr. Tuttle said the proposed final use is water storage _reservoirs. Jack Crowley, representing developers of nearby property and Hewlett Packard, came forward to speak in apposition to this request. Bill Hange, an area resident, spoke in opposition. Mr. Mange requested that certain standards be -imposed if this -request is approved. Chris Elder, also an area resident, spoke in opposition. Larry Rogstad, of the Colorado Division of 'Wildlife, spoke of the importance of preserving the wetlands and said he has not been able to come to terms with the applicant. Others offering testimony in opposition to this request were Larry Peuerstein, Al Arreissecq, Richard Goetzel, Wilbert Firestein, Karen McKelvey, and Lester Goetzel. Jim Vettig, president of Greeley Irrigation Company, spoke about the company's rights to Storm Lake water. He said his company has reached agreement with the applicant. At this time, there was discussion about preserving the -water rights for all concerned with this application. Mr. _Tuttle came forward to answer questions which had arisen during the public testimony. Commissioner Kirby asked if the applicant would be agreeable to: making a reservation for the possible placement -of the Poudre River Trail; providing additional setback along Weld County Roads 64 and 27; (Tape Change #90-16) and a time limit on Phase 1 of the operation; and whether the asphalt batch plant could be located in the center of the site. Wes Potter, representing the Weld County Health Department, said it would take considerable wards to keep the operation at a 55 db(A) noise level, as normally measured, and 900223 Page 2 CERTIFICATION OF HEARING - C & M USR compliance at residence locations would be difficult to measure. Mr. Allison said the Zoning Ordinance restrict-s mining operations to daylight hours, although repair of equipment could occur at -any time. There -was _considerable discussion about Conditions and Development Standards which would make this request more accept-able to the neighborhood. Commissioner Lacy moved to recess the hearing until -2:00 p.m. , -with the staff to work on Conditions and Development Standards addressing the issues -which erase. Commissioner Kirby seconded the motion. The motion carried unanimously. (Let the record reflect that a recess -was field at this time.) Upon reconvening, Mr. Allison -read the Planning staff's recommendation for approval of this request into the record, together with amendments to Conditions and levelopment Standards which address concerns voiced during this hearing. Mr. Tuttle asked for a clarification oflevelopment Standard #13 concerning the noise level. Mr. -Tuttle also requested a change in the last paragraph of Condition #5, concerning the City of Greeley reviewing the Reclamation Plan which would Then le approved by the Commissioners. Mr. Morrison said the -Reclamation Plan will fie approved on a State level, and approval by the Board is immaterial. He also said concerns of the City of Greeley should be directed to the State. (Tape Change 90-17) Commissioner Kirby noted that no date was specified for the completion of the reclamation of Phase 1. Mr. -Tuttle said that it would take two or three years for the reclamation to be completed sufficiently for the St-ate to release the -Reclamation -Bond they -will have to post. Commissioner Lacy suggested that the date for completion of the Reclamation Plan should the three years after the _completion of the mining operation. Mr. Hange stated that he had not agreed to a five-foot berm, and the applicant agreed to put in an eight-toot therm. Commissioner Kirby moved to approve the request of C & M Companies for a Site Specific Development flan and Use by Special Review Permit, subject to the amended Conditions and Development Standards. Commissioner Tecy seconded the motion. After reviewing The criteria upon which the decision is to be based, Commissioner Kirby clarified that his motion includes the change in the last paragraph of Condition #5 requested by Mr. Tuttle. Commissioner Harbert stated that she would vote against the motion on the basis that it is not compatible with the proposed -future development of the surrounding Property. Commissioner Kirby stated that gravel must the mined where it is located, and a major source of gravel in Weld County is along the Poudre ]River. On a roll call vote, the motion carried 3-2, with Commissioners Harbert and Kennedy voting nay. This Certification was approved on the 12th day of March, 19-90. APPROVED: 7 _BOARD OF COUNTY COMMISSIONERS ATTEST: IgAAJA.64..c.:0 WEL UNTY, COLORADO Weld County Clerk and Recorder Jjp l /S� and Clerk to the 3oarim tene R. -Brantner, Chairman B31:) 0714-714--e/ ` �Ef f s5 eputy County Cie Geor e Kennedy, Pro-Tem LL one ante L. Harbert TAPE #90-15, #90-16 & #90-17 .tit C.W. Kirby DOCKET #89-_64 PL0687 Gordon c 900223 ATTENDANCE RECORD PLEASE write or print legibly your name , address and the Tame of the applicant or Docket # for the tearing you are attending. TODAY' S HEARINGS ARE AS FOLLOWS: MARCH 7, 1990 DOCKET # 90-2 ISR-GRAVEL MINING OPERATION IN THE AGRICULTURAL ZONE DISTRICT - DANIEL AND MILDRED BUXMAN DOCKET # 89-64 USR-GRAVEL MINING AND CONCRETE & ASPHALT BATCH PLANTS - C A M COMPANIES DOCKET # NAME ADDRESS HEARING ATTENDING i( R,"CA, Ge.4s(. y „ 'r Lc., r ‘C 4oeMef ik Yj- @ 470,y /)n n [7ne/.ze/ /.3f ii��/d�,. fi'Q!6G Ere e%y „ 4> 7� -6,/ Ray l /- / i Ifli / I ( w. q --a il � �(z44, II( ,7/..., 4-'171 /3 ` en it- 4, y .�h, , c -hi- d- Y - tie if -Al?"7uc ec f � v c7/ /max /,.11 ,� `Z' 1 7 ,� LI i ', 004v, 0 iti-ti---- . r1-7--2-- 7:g 5/- SiP--, -576 c--, tititx-rn ay— ,4 a41 - (-6_,,,i,,,,1a-ac. 3 ©3`--`/ h9 (.fi ci �) �� I q , 1k''e -C'G'- d i 7U IIgY67 (7)(-/-•,,-. /Z1; _ 1,412- �7 !4'i�' °f 1 ' ` pi Jgt dJ1. V� I . . 6 -i 1 ' \ �1 - (( LA/25.; a // Pic c 14 b ac/' e-a/2 1_c_ Ai'66 /.3 2 7&. 1,LiC,e9sZ V 4-4 t89-4 ° TUv ) Aro.J<,-� 3 67 53 tvQ, n 27 ).2;110, 8y- 4 1 LI rr,. 11 5,fa) r,. (.,) IS ..L-81 el>%.ae c4 C., ?ale,/ JO6� I //r✓ A. (2770/er / 36Y P,./C: 6* St«% j e 65/ �, , r Jh II/bvt:` / j"(1 P,?'„t ?- s Cif. ai M 711 <./ -�'ew i3 ,'(oA X,.Q41 64i G 1241 O(,: i riI?- 6v alit A_ c �.�//i /.-?k0-9 /Ai,r._toe v p. S20('' I - r 6y ac)ti 4 i. c r7 3i 7d3 r�Wcr ire t ./e 1 $(.7 L * g ?-�y �0l t ,i, 6(04)4 r/ �iz 51? 5, �G<f(f/rv, �Cckcii�( /4i. U7lrOC b`t 6U 900223 . PUBLIC NOTICE The Board of County Commissioners of Weld County, Colorado, on March 7, 1990, conditionally approved a Site Specific Development Plan and a Use by Special Review Permit for the property and purpose described below. Conditional approval of this plan creates a vested property right pursuant to Article 68 of Title 24, C.R.S. , as amended, for a period of three years. APPLICANT: C S M Companies P.O. Box 490 Niwot, Colorado 80544 LEGAL DESCRIPTION: Part of Section 32 and part of the W} of Section 33, all in Township 6 North, Range 65 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: Gravel mining and concrete and asphalt batch plants SIZE OF PARCEL: 362 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 UOITNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy PUBLISHED: March 15, 1990, in The New News 900223 PIMI IC NOTICE The SIMI a( County Commissioners Hof Weid County, Colorado, on March 7, 1 , , conditionally approved a Site U by Special Review Plan std a Review lanPermit for described below.belo ProPertfw Con= approval of this plan create a vested property IMO Panamato Article SS of 'title 24, C.R.S. amended, fora period of me APPLICANT: C&M Companies P.O.ttB,,ox.4a0 NiwoColorado 80544 LEGAL DESCRIPTION : Part of Section 32 and-part of the WK of Section 33, all in Towmbio 8 North, a SS Went of y ea. pypMp�WeA�°a°t�,�,Ncd°rslTtr�m�ofa se concrete ROVED O-and Gravel meths tee SIZE. OF PARCEL: 282 acres, more ure to abide by the terms and a forfeiture ofa approval vested peroopper t in a forfeiture right. BOARD DROOLF�ION N WELD COUNTY COLORADO BY: MARY ANN F'EUERSTEIN COUNTY CLERK AND RECORDER AND T E LERICBOARD Plealetyn 1s, 1 Reitf Deouty m Tho S 111 �s ,fin 0.0 ee $03223 Development Standards C & M Companies USR-8-97 Page 2 11-e offm-Lh- poki "7 Cr- 12. The Special Review site shall be mainta ned in compliance with the approved NPDES Permit at all times. A 1; kj- ,niC4r;nl 13. The maximum -permissible noise level all not exceed the residential limit of Y5 dB(A) , es measured accor ing to 25-12-102, Colorado Revised Statutes.? To OCq.- .. 4'te Hoar level Sl.eit Net -eCtCC; err A7741 rl nr4.i la44 fri Jena W rl l.:d 2000, of eY4ra,a•,.,,_ . TA. C.f+ d 4//+,n e✓Nor& irnivs sA.(r be fa,/ .v e e S'r 14. An individual sewage disposal _system or vault is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 15. The -property -shall be maintained in compliance with the Weld County Flood Hazard Overlay District requirements. 16. All construction on the property shall be 1n accoraance with the requirements of the Weld County Building Code Ordinance. 17. The property shall be maintained in compliance with Section 404 of the Clean Water Act, if applicable. - 18. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 19. The property owner or operator shall be responsible for complying with the _Operation Standards of Sections 24.6 and 44.4 -of the Weld County Zoning Ordinance. 20% Personnel from the -Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 21. The Special Review area shall be limited to the plans shown -hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standaras 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. 3 / . 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 Commiasionera. 900223 0. /A / /tr orpr /a✓-- chef/ 6.0,714/4.1 /Ay Vet , 31, /1 ft, 7ir 7cf A11t/44.4__ Cowp/eANS -Q rrc/.,n-zih• eh_ 4- ip4opt /. I 1,e r ri B4U A Ame.,..s. ,SAck, lr //r' 2p ' /7 /' .D/ , eta, oz/2's 2 7 ! jv f o��+° { G cC m,! /to, fiir-.-5^ fir--J Q jl ,1 U d Z SCt/ i c K- I 2r 14-e nie`✓ ft#pPrIy /,ed€ , I Go o ' flaa K 6o,-- ti rrr,A-,.ot.•o a (3 x.76 /319'(- N-6/ 6 4/ u..,.‘)2 Ce 4 Wr,'¢ reek-vd re e + t/NwJ v�.e�,-�' y � P 7 P 4-0 H a s ' kr,-- Ow-614c -fXc ≤2 o' cetZa 1. Un Z e Throe'/ N1/ r. by hit/t+ "S>tnm.A-* #-he proprl5 0wve-.a Gt wF4-72 o e r A rrA N)B,rvw4, li I. 900223 USR S97 C & M Companies Page 4 5. Prior to recording the Special Review plat: - an -off-site road improvements and maintenance agreement shall be approved by the Board of County Commissioners. The agreement shall mitigate impacts generated -by the -operation to County roads. The agreement -shall also consider road impact concerns outlined in the City of Greeley's letter of November 30 and item #6 in the memo from Environmental Protection Services dated November 72, 1989. - an agreement protecting the Greeley No. 3 Ditch from loss of water shall be signed by representatives of the Greeley Irrigation Company and C S M Companies and submitted to the Department of planning Services; - an agreement protecting the drainage tile line in Phase 4 and/or the Elder Aquaculture Diversion Structure shall be signed by Chris Elder and a representative from the C & M Companies. -A copy of the agreement shall be for-warded to the Department of Services. //fit Arrh Ir - the applicant shall meet with representatives -of the Division` 31 A(/r, ,. I, of Wildlife to complete an agreement to mitigate negative impacts on the warm water slough, wetlands, and wildlife., habitat,sr n.<The Divi-sion of Wildlife shall review the agreement and prepare a recommendation for use -by the Board of -County Commissioners. The agreement shall be approved by the Board of County Commissioner-s, 1 C.&('. Ca. SAO ro4 /rP/A/ re/At.) µire nSA+J vv+L revc+ io d+v./Pn•..t of ✓,4 r..,,L. or+ tt, enyary', the applicant shall meet with representatives of the City of Greeley to develop a reclamation plan for the mining operation that is compatible with the existing and future development of the surrounding area. The City of Greeley shall -review the plan and prepare a recommendation for _use by the Board of _County Commissioners. The plan -shall be approved by the Board of County Commissioners. 6. The following note £hall be placed on the Special Revie-w permit plat: NOTE: The mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities related to mining and reclamation -are, therefore, under the jurisdiction of the Mined Land Reclamation. However, Weld Cp] r� County has jurisdiction -of those tatters outlined J� r`�,23 in the Development Standards. Nf l 14,4 C cc /�'1 Ce, w./1 M,t is 1 to ft. . auto brl../et— ex'iff-NS o-+l ..nr,., bit 4lar.,4 Sae fiat AP, to f.,.•*a+,o,.. p/,c,-- 'r NIf- m///ffAlI/. cod SIGN POSTING CERTIFICATE I HEREBY CERTIfY UNDER THE PE-NALTIES OF PERJURY THAT THE SIGN PROVIDED BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY Kr LEAST TEN (10) DAYS PRECfDING THE PLANNING COMM ISSIONIBDARD OF COUNTY COMMISSIONER'S HEARING FOR LASE II &?-6,4' , THE SIGN WAS POSTED BY: (//t;/0 £'7 4A-of 1 v7TbR NAME DF PERSON POSTING SIGN oi'II J. To file SIGNATURE OF APPLICANT STATE OF COLORADO COUNTY DF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS AY lflo ("Th SEAL ` � Q fc NOTARV`PUBLIC \ MY COMMISSION EXPIRESLQ-Q- Vc't `l 0 LAST DAY TO POST SIGN IS: fob 7/6 I ` }(7 7.9 n r` a Fob 23 900223 __ IIMIIMO ONIIIIIMIB - ' 01111111.111 TUTTLE APPLEGATE INC • Lonsultants for Land and Resource Development March 3, 1990 Cler-k to the Board Weld County Commissioners 915 10th Street P. 0. Box 75E8 Greeley, CO 8806132 RE: W W Farm Pit Dear Madam: Please find enclosed two -smaller -folded prints of W W Farm Pit (Exhibits C & F ) that are to be inserted into the MLRD application on public display. These prints have been updated and are to replace the existing plans in the application. Also enclosed are the following prints of W W Farm Pit for your files: -- Pre-Mining/Mining Plan ---- Reclamation Plan -- Typic-al Section of Marsh Habitat -- Typical Section along Weld County Road 64 -- Typic-al Section o:# Clay Liner -- Typical Crass Section of -Boomerang Residential Ar-e-a/Golf Course and Phase 1 Pit, and Typical Cross Section of Boomerang Residential Area/Golf Course and initial Processing Site -- Average Daily Truck Trips Should there be any further questions please do not hesitate to contact me . Sincerely yours, TUTTLE APPLEGATE, INC. lc Molly Ork d-Larson Landscape Architect Encs. MOL/mc 9C(223 119-90 Grant Street Suite 410 Denver, Colorado 80233 452-6611 stele companies C & M COMPANIES WW FARM PIT APPLICATION FOR A MINING USE BY SPECIAL REVIEW PERMIT ' EXHIBIT � 3 WELD COUNTY, COLORADO SUPPLEMENTAL INFORMATION MARCH 7, 1990 TUTTLE APPLEGATE , INC . r Consultant for Land and Resource Development 90G2 TABLE OF CONTENTS A. Feasibility of filling water reservoirs B. Water rights applications C . Feasibility of clay liners to seal reservoirs D. Individual 404 Permit not required E . Agreement with Greeley Irrigation Company F . General well agreement G. Finding on conditional Elder water right H. Proposed agreement with Elder I. Proposed agreement with Hange 9cC'2 3 • Al TUTTLE APPLEGATE, INC. Consultants for Land and Resource Development January 19, 1990 Hr. John Doerfer, Reclamation Specialist Mined Land Reclamation Division 1313 Sherman Street, Room 215 Denver, Colorado 80203 RE : File No . M-89-106 , W-W Farms Pit, Adequacy Letter No . 2 Dear John: I can offer you the following responses to your comments on the W-W Farms permit. My responses are numbered in the same order as your comments. 3. The -agricultural drain does not have any water rights tied to it. It has historically flowed to the Cache La Poudre River where is was available for diversion. Therefore , the question has nothing to do with the interruption of flow in the drain. It only has to do with insuring that water arrives at the river in the same quantity and time as it did historically. The mining operation will put this water into the river at the same location it historically flowed and it will still be available to water rights in priority. The -dewatering operation will accomplish this. When reclamation is completed, there are several options available to protect downstream water rights . A new drain can be constructed around the pit to the river or the water can be allowed to flow into the reservoirs and then replaced into the river with senior water rights of the Jones or Whitney Ditch. C & M Companies owns shares in both these ditches and can provide replacement water. The Aqua Harvest Trout Farm holds a junior unaugmented conditional water right. I have seen no substantiation that the water comes from a spring rather than groundwater being recharged from irrigation return flows from the north. The water rights application 89CW030 states that the source of supply is from an unnamed tributary. It is our firm position that this issue has nothing to do with hydrologic balance, but rather one to do with water rights. 5ocz23 11990 Grant Street Suite 410 Denver, Colorado 80233 452-6611 TUTTLE APPLEGATf, INC. Consultants for Land and Resource Development #!r. John Doerfer, Reclamation Specialist -Mined Land Reclamation Division January 19, 1990 Page 2 The water right in question does have a right to divert water when its 1989 priority allows it to. However, C & M Companies does not have any legal responsibility to maintain the drain tiles on their property for the enjoyment of this Mater right. Theis only responsibility is to insure that this water right can divert when in priority. It is a conditional water right which means there is an intent to use the water, but it has not been fully appropriated. It is the water right owners responsibility to prove that he has used this water in the quantity claimed. This water right has no augmentation to my knowledge and, therefore . is not going to be allowed to divert the year sound. Even a trout farm has some consumptive use and as such will be out of priority during the irrigation season -when a call goes on the river. Although the Cache La Poudre River is a gaining reach of stream in this area and does not have a call on it for most of the year, this is still going _ to pose a problem for the Aqua -'rout Farm unless they own fish that can survive without Mater when senior rights call them out. We have stated in our application that we will comply with All applicable Colorado Water Laws. We intend to replace Any water that would normally be legally available to the trout farm. This replacement will reflect quantity and quality as it historically exists. lb. The linet specifications for the reservoir will be supplied to the MLRD prior to construction of the liner. It should be noted that the Colorado Division of Water Resources Assumes responsibility for determining if a liner is adequate for purposes of reservoir storage. 7 . -The water rights issue is adequately addressed. C -& M Companies holds senior water rights from the Zones and Whitney ditches which together supply approximately 700 acre-feet per year. Normal allowances for consumptive use of an irrigation right, plus the fact that a considerable portion of this property has plant species conducive to high water consumption, would indicate that there are credits available to substantially reduce water augmentation requirements. This alone will adequately replace the lake evaporation that would occur each year and allow the reservoirs to remain full. SC G223 - k y TUTTLE APPLEGATE, INC. Consultants for Land and Resource Development Mr. John Doerfer, Reclamation Specialist Mined Land Reclamation Division January 19, 1990 sage 3 The total reservoir capacity is 3,496 acre-feet for all four lakes. This would leave approximately 2 , 800 acre-feet of water that would have to be covered. An allowance of 800 acre-feet for dead storage would reduce this amount further to 2000 acre-feet and then only if their reservoirs are fully used each year. The MLRD has no responsibility to fully use the capacity of the reservoirs each year. There appears to be adequate water supplies in the Cache La Poudre basin to fill these reservoirs. Table 1 is a tabulation showing calls made on Water District 3 for a ten year period. As shown, only bad water years such as 1977-78 would hinder a junior storage right. -TABLE 1 DISTRICT 3 RIVER CALLS Water Year Beginning Call Ending Call 1974 Hay 9, 1974 -Sept 6, 1974 1975 Harch 17, 1975 Sept 9, 1975 1976 March 25, 197-6 Sept 28, 1976 1977 July 22, 1977 October 11, 1977 1978 Nov 11, 1977 October 12, 1978 1979 July 5, 1979 august 17, 1979 1980 July 10, 1980 Sept 11, 1980 1981 April 13, 1881 August 12, 1981 1982 May 17 , 11982 Sept 14, 1982 1983 N0 CALLS 1984 July 23, 1984 July 26, 1984 The only time a junior right -would be called out in the -winter months is for senior reservoirs downstream that are filling for the next irrigation season. It should also be noted that this junior storage right is going to enjoy an advantage -over these senior storage rights because of the close proximity to the river. There are numerous storage reservoir-s on the plains that cannot fill in the winter months because of cold weather and the icing of the canals. 900223 L TUTTLE APPLECATE, INC. Consultants for Land and Resource Development Hr. John Doerfer, Reclamation Specialist Mined Land Reclamation Division January 19 , 1990 Page 4 The Division One Engineer for the State Engineer has indicated there are numerous times during the winter that reservoirs cannot fill . During these times it would be feasible to divert water from a junior right into these lined gravel lakes simply because of the close proximity to the river. He also indicated there are several entities such as Public Service Company that are constantly looking for storage in the South Platte River Basin and would probably be interested in storing some of their water. This is speculative, but does serve as an indication that there is a demand for water storage. The Poudre River basin has approximately 1,877 square miles draining to Greeley. USGS records indicate there is an average annual discharge of 96,360 acre-feet through their gaging station at Greeley. The winter flows in the river range from 60 cfs to 110 cfs on average . Based on the tabulation of river calls shown in Table 1, it appears feasible to divert water during the winter months to fill these lakes. This gives us from the months of November through March to fill our reservoir. It should be noted that C & M Companies is in the process of ailing for reservoir storage rights and will be proceeding with a case in water court in the near future. -8. Although the difference in slopes mentioned does not appear great, water storage is rapidly becoming a precious commodity. Given the recent EPA attitude towards Two Forks, it seems prudent to maximize storage where possible . The 2 . 5 : 1 slopes have been used successfully by the Adolph Coors Company on several of their lined gravel lakes. They have functioned properly even drawn down. The design chosen for W W Farms will consider drawdown and slope stability. It is in the operators interest to construct stable liners and slopes that are as maintenance free as possible. t 900223 AS TUTTLE APPLEGATE, INC. Consultants for Land and Resource Development Mr. John Doerfer, Reclamation Specialist Mined Land Reclamation Division January 19 , 1990 Page 5 10 . The monitoring plan will be implemented as described. The -operator concurs on the notification method requested . Reporting frequency will be made on an annual basis to the Division. If serious problems appear to be occurring in which water rights owners are unable to enjoy their water rights, reporting frequency will be increased to a quarterly basis . The proposed locations of the piezometers is shown on Exhibit F, Reclamation Plan. 13c . The -reference made is with respect to a flooding situation rather than filling. The side channel spillways will generally follow the guidelines of the Urban Drainage and Flood Control District with allowances made for the fact that we are dealing with a smaller flood and the pit location is at the bottom of the basin. The location of the spillways is shown on the Reclamation Plan, -Exhibit F. This completes our responses to your adequacy letter. If you tave any questions please do not hesitate to call. We look forward to working with you at the Board meeting. Cordially, TUTTLE APPLEGATE, INC. 1.71744 0194/Z-J Hike Applegate, P.E. HA/cr xc: File X89-131 Bob Allen, C & H Companies Larry Oehler, HLRD 900223 r MARS '90 10:45 HOLME RJFtRTSSC;4E14 BOULDER. CO P.2 cm DISTRICT COURT, WATER DIVISION NO. 1, i1RE.QF.: DO c9ppR� Case fro. �f/J1�l�►��;� ^ . 4 arniscanoit 701 CW1Ci 07 WATER 7tIGHTSi SAMw.STOR GE RIGHTS AND APPROM 07 PLAN 701 AUGMENTATION �.C Cv _CONCERNING THE APPLICATION T'OR WATER RIGHTS OF CiM READY MIXED CONCRETE COMPANY OF BOULDER, on' 2.5 '19.)IN WELD COUNTY, COLORADO. I. 912249E or WAT-RR SIGZTI 1. E;&M Ready Mixed Concrete company of Boulder R.0. Sox 490 1916 Niwot Road Iliwot, Colorado $0544 • (303) 443-1099 Direct all pleadings tot _Glenn E. Porzak Talmo Roberts i -Owen 1-401 Pearl Street, Suits 400 Boulder, Colorado $0302 • (303) 444-5955 • 2. tams of structures for which chance is souahtt (a) 30 shares of the capital stock of the W, R. Jones Ditch Company, owner of the water rights for the W. R. Jones Ditch; and owner ofa thewater erights afor l tthe Whitney ock of the WIrrigating hitney cDitch h any, (hereinafter collectively the "Subject Water Rights") . 3. i R, : The Subject Water Rights were -decreed by the Court for the second Judicial District in Case No. 320, mn April 11, 1552. I. t • (a) The point ci diversion of the W. 1t. Jones itch is ca located T. 6 t on the south side of the Cache La Poudre River in Section sccZ23 -1- ' :1AF: 05 'SEA 100:46 HOLME RL__RTS&OWEN BOULDER. CO P.3 u2 (b) The point of diversion of the Whitney Irrigating Ditch is located on the north side of the Cache La 1Podre R. 67u W. , i-svnow situated er, was 1-originally 3/ miles situatabove ined in c Section tion � 19,T. 6 N. , T. 6 N. , R. 67 W. C. source: The source of water for the Subject dater Rights is the Cache La Poudre River. D. (a) N. R.15.52scis, 09/01/1867 (b) Whitney Irrigating Ditch: 48 .23 cfs, 09/01/1862 12 .95 cfs, 09/10/1871 E. gel: The Subject Water Rights are decreed for irrigation purposes. F. Historic Use: The Subject Water Rights 2 _have been 36 acres in the Sections 32 , T. 6yN. , P.used t66o Wirrigate. Weld 2County, Colorado.l/The Average annual yield par share of W. R. Jones Ditch Company water is 18.3 acre-feet, or 549 acre-feat associated with applicant's 30 shares. The average annual yield per share of Whitney Ditch Company water is 32.6 acre-feet, or 163 acre-feet associated with applicant's 5 shares. The total average annual yield of the Subject Water Rights is therefore 712 acre-feet. Total annual depletions to the stream attributable to the Subject Water Rights is 413 acre-feet. 4 . (a) Applicant seeks the following changes with respect to the Subject Water Rights. t i (1) a change in use from irrigation to municipal, domestic, industrial , mining, dust suppression, reclamation, irrigation, recreational and piscatorial purposes ; D (2) a change from direct flow to storage in W.W. Farm Lake Nos, 1-4 described more fully in Section II, paragraph 3 below; ▪ (3) an alternate point of diversion for the Subject Water Rights located adjacent to the Cache La Poudre River at a point whence the Northwest corner of Section 32, T. 6 N. R. 66 N. bears North 38'25' West a distance of 3 ,180 feet ("WW Farm Infiltration Gallery No. 1") t and 2CC 223 -2- —MR . '90 10 47 HOLME R,. _RTSSOdEti BOULDER. CO P.4 649) (4) an alternate point of diversion for the Subject Water Rights located adjacent to the Cache La Poudre River at a point whence the Northwest corner of Section 32, T. 6 N. R. 66 N. bears North 54'46' Nest a distance of 4,960 feet ("WN tarn Infiltration Gallery No. 2") . (b) Applicant will install and maintain such measuring devices and implement such accounting procedures as may be reasonably required by the Division Engineer to verify that the amounts consumed pursuant to the subject change ofwater rights equals historic depletions to the stream. 5. Itanrlial The diversion records for the W. R. Jones Ditch and Whitney aIrrigating Ditch are attached hereto as Exhibits A and S. XI. AP L2�TION Z0R MATER MIAMI RIGHTS 1. Name, address and telephone number of scolicant: CO Ready Mixed Concrete Company of Boulder P.O. Sox 490 7916 Niwot Road Niwot, Colorado 40544 (303) 443-1099 Direct all pleadings to: Glenn E. Porzak Mollie Roberts 4 Owen 1401 Pearl Street, Suite 400 -Boulder, Colorado 60302 (303) 444-5955 4. lame of Reservoir%: (a) lni Farm Lake No. 1: (b) NW Farm Lake No. 1: (c) NW Farm Lake No. 3: and @d) NW Farm Lake No. 4. 1. Social description of reservoirs: lach of the following legal descriptions has a basis of bearing as follows: the North section line of Section 112, T. I N. , A. 66 N. , from the northwest corner has a bearing of North 90'0'0" East to the Northeast corner of said section. (a) NW Farm Lake No. 1: A corner of the spillway to the Cache La Poudre River bears South 55'45' East a distance of 4,970 feet: 20223 MAk 05 `JO 10:47 HOLME RcoERT5&OWEN BOULDER, CO p.5 -010 (b) NW Farm Lake No. is A corner of the spillway to the Cache La Poudre River bears South 53.20' East a distance -of 4,630 feet; (c) NW Farm Lake No. 3t A Corner of the spillway to the Cache La Poudrs River bears South 3'38' East a distance of 2, 365 feet; and (d) NW Farm Lake No. 4: A corner of the spillway to Lake 3 bears South 39.5' last a distance of 2 ,460 feet. 4. aura The source of water for NW Farm Lake Dios. 1-4 is the Cache la Poudre River. 5. (a) Date of appropriation: September 29, 1988 . (b) Date water applied to beneficial use: N/A. (c) Bow anorooriation was initiated: Purchase of the subject property by the applicant and commencement of aurvsying and engineering work. 6. Amounts claimed: (a) NW Farm Lake No. 1 - 564 acre•feet, conditional; lb) NW Farm Lake No. 2 - 182 acre-feet, conditionals (a) NW Farm Lake No. 3 - 402 acre-feet, conditional! (d) NW ?arm Take No. 4 - 2,366 acre-feet, conditional. 1. MA: Municipal, domestic, industrial, mining, dust suppression, reclamation, irrigation, recreational and piscatorial. S. gaximum height of dam: N/A. J. ImAgth of dam: ii/A. 1.0. total capacity of reservoir-R: See amounts sat forth in _paragraph 6(a) -(d) above. 11. &stave eanacity: (a) NW Farm Lake No. 1 - 419 acre-feet; (b) NW Farm Take No. 2 - 337 acre-feet; 200223 -4- y0 id aE +IOLME R __RTS&OLEN BOULDER, CO P.6 196 (c) WW Tan sake No. 3 - 302 acre-fsst; and (4) -VW Farm Lake No. -4 - 2,066 acre-feet. ta. Dead storage: (a) WW Tam -Lake No. 1 - 143 acre-fest; (b) -WW Farm Lake No. -2 - -45 acre-feet; (c) WW Farm Lake No. 3 - 100 acre-feet; and (d) WW 'Farm Lake No. 4 - 300 acre-feet. 13. dame end capacity of ditch or ditches l adina to reservoirs: (a) WW Farm Infiltration Gallery No. 1 with a capacity of 20 ch. (b) MW Farm Infiltration Gallery $o. 2 with a capacity -of 10 oft. (c) Jones Ditch Ytun with a diversion point located on the Jones Ditch at a point that lies 4,400 feet from the Northwest corner of section 32, 7. 6 N. , A. 46 W. , St a bearing of South 44'29' East from said corner; capacity of flume is 7 .3 etc. (4) Jones Ditch Siphon with a diversion point locted on theallorthwestecorner of see ion 12, T.t6 N. ,t R. 664,2W. ,10 f eet from Jones Ditch at oint at a bearing of south 11'29' East tom said corner; capacity of siphon is 10. 1 cis. (s) - Whitney Ditch Lateral with a diversion point located on the the Southeast cornereof section 30,-point 6 t N. ,at lies to at at from tearing of South 11'29' East from said corner; capacity of lateral is 15.2 oft. 1-4. Name and address of owners of land on which ptructures for the water rights are located: Applicant. 1.5, A location 'map for WW Farm Lake Nos. 1-4 is attached hereto as -Exhibit C. WW Farm Lake Noe. 1-4 will be created by a gravel pit mining operation. -A pump will be installed during mining operations to return groundwater encountered to the Cache La Poudre liver. In order to limit mhasine divided into -four distinct phases. -Dewatering will occur only in one of -5-- 90 10:48 HOLME ROBERT-saOWEr1 BOULDER. CO P.7 KV the phases at any liven time. ww Tan Lake lios. 1-4 will Am sealed with compacted clay liners in order to prevent the interception 1 groundwater. hi liner ruwir ll tit installed as the mining progresses XII. MUM--27-2-121"2"2"12112121 1. CO Ready iiixed concrete tompany of Boulder P.O. Box 490 7914 Niwot ;toad Niwot, Colorado 81354-4 (3133) 441-1099 Direct ell pleadings to: Glenn a. Tortak Holm* Roberts0 Owen 14-01 Pearl Street, suite 400 Boulder, Colorado 8-0302 (303) 444-5955 8. Sams of strictures to be augmented: -Puny end dewatering trenches to be installed and constructed on the to property described in the attached txhibit -D (the •Pop Y") return to the cache La Poudrs River groundwater encountered during siting operations. 3. Water xiehts to be used for eucmentetions The and jaWW Tara take Soa.al 4hasgest forth tore fully ed in section I of h-ins -Sectionis II of this application. bar 4. Statement of plan for eucmentation: Applicant will fully augment all evaporation losses resulting tram twittering owhich natural occurring on -Property thei-n the following evaporation historically mann•rs (a) by foregoing the use of and committing to the Cache La Poudre River system an equivalent amount of water from the subject Water tight.; or (b) by xel-asing into the Cache i,a Poudre River system an equivalent amount of water stored in the WW larm Lake Nos. 1-4. 900223 -6- MAP;05 '90 1049 HOLME k..LRTS&OLEN BOULDER. CO PS VI IMIEREIPORE, Applicant requests that this Court enter a decree which: (1) grants the changes of water rights set forth 4n Section 1 above: (-ii) adjudicates the water storage rights set forth in Section II above; (iii) approves the plan for augmentation at forth in Section III above: and (iv) finds that es a result of the requested change tef o not inj rights any v and estedel of waterplan for rights or -decreed eon there co conditional -water rights. Dated this 4�t� did of February, 1990. Horn ROBERTS & OWEN Glenn E. Porzak (42793) Richard A. Johnson (*16041) A o eye to C&14 lady Hiked rate -mpany of Boulder 1401 Pearl S Suite 4033 Boulder, Colorado 10302 (103) 444-5935 900223 -7r no ion WATER RESERVOIRS FROH GRAVEL PIT FEASIBILITY REPORT Introduction The use of gravel pits as lined storage reservoirs has become a more attractive after use for reclamation because of two factors: ( 1 ) The value of storing water is becoming more important since the Two Torks battle over permits . A gravel pit offers a solution that involves no construction of dams and provides a convenient location for capturing river water with a relatively junior water right. (2 ) The recent supreme court decision on the Zigan and Three Bells gravel pit cases requires augmentation of lake evaporation for a lining operation. Construction of a liner eliminates the need for augmentation to cover lake evaporation and instead creates stored water for later beneficial use . -Methods of Lining There are several available methods that can be used for lining reservoirs. All of these methods use existing technology. These methods are : A. Construction of a clay core within the gravel pit. This clay core has properties similar to that of an earthfill dam embankment. The purpose of the liner is to eliminate seepage of groundwater into the pit. This allows the reservoir to operate independently with adjudicated water rights and disconnects it from the alluvial groundwater aquifer. B. Installation of an impermeable manmade liner such as a polyethylene . The liner is buried and serves as a barrier to prevent groundwater seepage into the pit in the same manner as a play core . The manmade liner is very thin and does not require the placement of as much material . t . Construction of a slurry wall around the pit. A slurry wall is a vertical wall approximately the width of a backhoe bucket constructed from the ground surface to bedrock. It uses native clays and silts from the property and has a bentonite mixture added to it. It leaves an impermeable barrier in place surrounding the gravel pit and works the same as a clay core . X0223 Specifications of Construction The specifications that must be met are outlined by the Office of the State Engineer. Presently a lined pit must permit no more groundwater seepage to enter than one ( 1 ) gallon per day per perimeter foot of pit. This means a gravel pit with a 9,000 foot shoreline can have no more than 9,000 gallons per day leaking into the pit. Once a clay liner has been installed, the pit must be completely dewatered, the dewatering pumps turned off and the pit must remain empty for a period of one year. Once it meets this test, it is approved by the State Engineer as a reservoir. The placement of a clay core will need to be engineered to consider the optimal moisture density relationship of the material. Compaction should be 95% of optimal moisture density using ASTM D-698. The installation of a manmade liner should be done using the liner manufacturing specifications. Typically, some type of bedding material needs to be used to prevent puncture of the material during burial. The major design factor for the liner is to consider how it will react when the reservoir is emptied. The liner must be stable against a "blowout" due to hydrostatic pressures as well as invulnerable to drying out and cracking from exposure to the atmosphere . Both of these considerations are easily engineered and follow some of the same principles used in the design of earth dams. Examples of Lined Reservoirs The technology has been used along the Front Range . The following examples are offered as evidence that this practice will work: City of Thornton Thornton has constructed a series of lined -water storage reservoirs from old gravel pits along the South Platte River in Metro Denver. These pits are being mined by the Western Mobile Company. They are using compacted overburden containing clays and silts as the liner material . Adolph Coors Coors currently has 7,000 acre-feet of lined storage reservoirs along Clear Creek. These reservoirs are all gravel pits that were mined and lined using the clay shale bedrock underlying the pit. This clay shale material is used to form a vertical clay core SCO223 Goose Haven Reservoir The Goose Haven Gravel Company has recently completed construction of a water storage reservoir from one of its gravel pits. This pit will be used as a water storage reservoir for the City of Lafayette. frontier Materials Pit This pit was constructed near Hygiene, Colorado for the St. Vrain and Left Hand Water Conservancy District. This reservoir used a combination of clays, silts and clay shales mixed to form an impermeable barrier. Conclusions The construction of a lined water storage reservoir is feasible . The engineering technology exists to design and construct an impermeable barrier that will prevent groundwater from entering a gravel pit. 2CO223 t, (7,I E1 6 /. fv 4:,. ,� r DEPARTMENT OF T+IE ARMY 't (. OMAHA DISTRICT. -CORPS OF ENGINEERS ROCKY MOUNTAIN AREA 2660 S. CIRCLE DR, NORTH BLDG.SUITE GL 10 COLORADO SPRINGS. COLORADO 80906-4168 REPLY TO ATTENTION OF January 18, 1990 Platte River Resident Office Gary Tuttle Tuttle, Applegate, Inc. 11990 Grand Street Suite 410 Denver, Colorado 80233 Dear Mr. Tuttle: Your proposed $ravel mining operation on behalf of L & M Companies, WW Farm Pit which will require the xonstruction of a bridge 'over a wetland located in Section 32, T-6-N, R-6-W, Weld County, Colorado has been reviewed by this office. Based on the information provided, this office has determined that the Proposed work is authorized by the Department of the Army Nationwide Permit found at 33 CFR Part 330.5(a)(25). Enclosed is a fact sheet which fully describes this Nationwide Permit and lists the Special Conditions which must be adhered to for this authorization to remain valid. Although an Individual Department of the Army Permit will not be required for the project, this does not eliminate the requirement that other applicable Federal, State or local Permits be obtained as required. Please note that • deviations from the original plans and specifications of the project could require -additional authorization from this office. Should at any time it tecomes evident that either an endangered species or its critical habitat exist within the project area, this office must be immediately notified. The verification of this nationwide permit -authorization is valid until January 18, 1992. If there are any questions concerning this matter, please feel free to Contact this office or me -at 303/979-4120 or -4121 and reference Nationwide Permit Number C0-90-09. Sincerely, cc: _Terry McKee Permit Files Environmental Resource Specialist Omaha Permits Branch RECEIVED _ Colorado Department of Health O.S. Fish and Wildlife J A' r z " Environmental Protection Agency Colorado Division of Wildlife 9CC223 AGREEMENT THIS AGREEMENT is made between the Greeley Irrigation Company, herein known as the Company, and C & M Companies, herein known as the Operator. WHEREAS, the Operator has leased a certain piece of land, referred to as the Land, whose location map is enclosed with this agreement and is labeled as Attachment A. The Operator desires to extract sand and gravel from the Land and create a permanent lined lake which will be segregated from the ground water table. WHEREAS, the Company owns Greeley Ditch No. 3 which borders along the southern boundary of the Land. The Company has the right to convey water in this ditch and use parts of the Land as necessary to maintain the ditch. WHEREAS, the Operator applied to Weld County and to the Colorado Mined Land Reclamation Division for necessary permits to allow for the operation of a mine on the Land. WHEREAS, the Operator and the Company both recognize that during the mining process and prior to the sealing of the lake slopes, seepage from Greeley Ditch No. 3 may increase. It is unknown what seepage loss to the Company ditch will occur from C & M operations after gravel extraction ends. Both parties wish to put reasonable limits on this seepage. THEREFORE, both parties agree to the following terms: 1. That the Operator shall prevent mining from occurring any closer than eighty-five (85) feet from the north bank of Greeley Ditch No. 3. 2. That the Operator shall, during and after mining, line the slopes of the lake with native silts and clays in order to inhibit the seepage of groundwater into the lake according to the tolerances specified by the State Engineer. It is recognized some seepage from the ditch will continue after gravel mining ends. 3. In addition, the Operator shall file for a water storage right on the lake and have the lake approved by the Water Court of Water Division No. 1, State of Colorado, and as a water storage reservoir by the State Engineer. 4. That the Operator shall install a 12-foot-wide parshall flume and clock water gauge on Greeley Ditch No. 3 immediately 9cO223 1 gZ prior to the North 71st Avenue bridge to coordinate and measure seepage loss in the ditch between the Company headgate and the North 71st Avenue bridge. This gauge shall be constructed similar to the present gauge at the headgate of the ditch. The Operator shall prepare construction plans for the gauge and specify equipment for approval by the Greeley Irrigation Company Board. The gauge shall be installed and accepted by the Company prior to mining occurring. 5. The Operator shall dewater the mining pit by means of an electric pump placed at the southeast corner of the mining pit. This pump shall discharge water directly into Greeley Ditch No. 3 at a minimum rate so as to restore at 71st Avenue to the Greeley Ditch No. 3 the same quantity of water received at that time from the Cache la Poudre River, less any natural seepage. It shall be the responsibility of the Company to gauge water discharged into the ditch by the pump and adjust their headgate so that their own water rights are not exceeded. It is the responsibility of the Operator to obtain any necessary permits for the diversion of water and the discharge of water from appropriate agencies. 6. In order to further insure adequate water to Ditch No. 3, the Operator shall submit the proper filings to the State Engineer, and get same approved by the Water Court of Water Division No. 1, State of Colorado, to allow water derived from Jones Ditch and Whitney Ditch shares which are owned or leased by the Operator to either be delivered to the lake for pumping into Ditch No. 3 or to be left in the Poudre River for diversion by Ditch No. 3. This program may require approval of the Jones and Whitney Ditch companies. The obligation of Operator to replace any water loss of Company due to the mining operation or the reservoir operation shall be a permanent obligation and become effective when gravel operations are commenced. 7. All costs of operating and maintaining the pump from the lake to the ditch shall be the expense of the Operator. To assure Company the ,costs of operating the pump shall be funded after gravel extraction begins, the Operator shall establish a financial security in the form of a performance bond, letter of credit, or certificate of deposit in the amount of $10,000 showing the Company as the beneficiary. In the event the Operator defaults on its payment of the operation and maintenance of the pump or the $700 annual maintenance fee, the Company may call that portion of the security to cover the unpaid costs. After two (2) years of satisfactory performance of the reservoir after it is approved by the State Engineer, this requirement for security shall cease. 8. The Operator and all subsequent owners of the lake shall be responsible for the maintenance of the lake so the lake will comply 900223 2 1,c+ F.' - 5 - s. C1 P1 O N 1 2 _ _ SHERI I. C: ROT HE R S pF`�- 0 l Fs e; cis . . . i `� 1 �� I v • with the standards of the State Engineer and as required by the Water Court of Water Division No. 1, State of Colorado. o. That the ferxyie of this asrecrr,4nt ore contingent up,n; Commencement of the rnintng, by the Operator The Operator S!1 ]11 not be obligated to carry out any terms of this hvocn-ient ur;'f: there is reasonable assurances that the mining can commence and a commencement date has been set by the Operator 10. That the Company will continue to enjoy its a,cr.es^ °ro c the Land to maintain the Greeley Ditch No, 3 11, That the Operator.. shall pay to the Company an annual maintenance fee of $700 due on or before April 1st of each calenda, year and beginning in the year of flume and gauge installation m North 71st Avenue and endfr:p. two (2) ycnrs s:ftnr the Pt)t.. Engtnccr hat arrepted the rocervoir being built to req.-wed starluaras, 12. That this agreement may be recorded With the Weld county Clerk and Recorder and shall be binding upon the heirs successors, and assigns of both the company anti the Operator. This agreement is Agreed to on the last date below. P 'dent, Greeley 1rrl, fi Company Date YtiAl 0_ Prowl nt, C M Compa es Date 900223 ft WATER WELL AGREEMENT THIS AGREEMENT is entered in effective on the day of February, 1990, by and between C & M Ready Mix Concrete Company of Boulder ( "C & M" ) ; P . 0. Box 490; Niwot, CO 80544 and Weld County Road 64, Greeley, Colorado 80631 ( "property owner" ) . WHEREAS , C & M proposes to mine gravel on property defined in Exhibit 1 , WHEREAS , the property owner ' s property is located within 2 ,000 feet of the proposed operation, WHEREAS , the parties desire to protect the water flow from property owner' s well from any deterioration due to the mining operation. NOW THEREFORE, the parties agree as follows: 1 . C & M agrees to install groundwater observation wells at various points within the area to monitor fluctuations in groundwater before , during , and one year after the mining operation has been completed . All readings from the wells will be recorded monthly and be available to the public. In the event that the property owner incurs a problem with his well or with the groundwater level on his property which he feels is a result of the mining operation he shall notify C & M immediately. A well problem is defined as any change to the groundwater aquifer which prevents the well owner from diverting water in the quantity he is legally entitled to by an adjudicated water right or valid well permit. 2 . It is agreed that upon notification by a property owner, C & M shall retain at its expense a professional engineer experienced in groundwater hydrology to investigate the problem and provide a professional opinion as to the cause of the problem with the property owner' s well. If the opinion given by the professional engineer hired by C & H is not satisfactory to the property owner, then a second professional engineer, selected by the property owner shall be retained to render an opinion as to the cause of the property owner' s well problem. The cost of the second engineer shall be shared equally by the property owner and the company. 3. If it is determined by the professional engineer that the cause of the property owner' s well problem is related to the mining activity of C & M then the company shall take such corrective action as is recommended by the professional engineer to restore the groundwater and/or well to the condition prior to the problem. The cost of such corrective action shall be paid for by C & H. IN WITNESS WHEREOF, the parties hereto have executed this agreement as to the day and year first set forth above. C & H READY MIX CONCRETE COMPANY OF BOULDER BY. Title 900223 Property Owner: • 41 ^ISTRICT COURT, WATER• DIVISION NO. 1 , COLORADO CASE NO. 89CW030 "INDINGS AND RULING OF THE REFEREE AND DECREE OF THE WATER COURT IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF •'HRIS D. ELDER , IN WELD COUNTY THIS CLAIM was filed with the Water Clerk, Water Division 1 , on February 28 , 1989 and amended on May 30 , 1989 and June 30, 1989, and the Referee being fully advised in the premises , does hereby find: All notices required by law of the filing of this application were fulfilled, and the Referee has jurisdiction of this application . No Statement of Opposition to said application was filed and the time for filing such statement has expired. All matters contained in the application were reviewed , and stimonv was taken where such testimony was necessary and such .:orrections made as are indicated by the evidence presented. IT IS HEREBY THE RULING OF THE WATER REFEREE: 1 . The name and address of the claimant: Chris D. Elder 31209 WCR 17 Windsor, CO 80550 2 . The name of the structure: • Elder Aquaculture Diversion 9CC223 1- Chris D. Elder 89CW030 Page 2 3 . The legal description of the structure: NW1/4NE1/4 , Section 32, Township 6 North, Range 66 West , 6th P.M. , Weld County, at a point approximately 1 ,220 feet South and 2 , 420 feet West of the Northeast corner, Section 32 . 4. The source of water: Unnamed tributary to the Cache La Poudre River 5 . The date of appropriation: February 22 , 1989 6 . The amount of water: 3.5 cubic feet per second, CONDITIONAL 7 . The use of the water: Freshening flows for aquaculture 8. It is also ordered that the conditional right herein awarded is hereby continued in full force and effect until July, 1993 . If applicant desires to maintain such conditional decree, an application for a quadrennial finding of reasonable diligence shall be filed on or before July, 1993 or a showing made on or before such date that the conditional water right has become an absolute water right by reason of the completion of the appropriation. 9. The priority herein awarded said Elder Aquaculture Division was filed in the Water Court in the year of 1989 and shall be administered as having been filed in that year; and shall be junior to all priorities filed in previous years. As between all rights, filed in the same calendar year, priorities shall be determined by historical dates of appropriation and not affected by the date of entry of ruling . 900223 . Chris D. Elder 89CW030 Page 3 Dated : JUL 19 1989 RAYMO S. LIESMA Wate Referee Water Division No. 1 THE COURT FINDS: NO PROTEST WAS FILED IN THIS MATTER. THE FOREGOING RULING IS CONFIRMED AND APPROVED, AND IS HEREBY MADE THE JUDGMENT AND DECREE OF THIS COURT. Dated: AUG 3 1 1989 ,; • -ROBERT A. BEHEIT]AN Water Judge -Water Division No. 1 State of Colorado 1. 3\ 9G0223 N1 AGREEMENT • THIS AGREEMENT is made on this day of March, 1990, between the C & M Ready Mix Concrete Company of Boulder; P. 0. Box 490; Niwot, CO 80544 , (the "Operator" ) and Chris D. and Amy S . Elder; 13644 Weld County Road 64; Greeley, CO 80631 , ( "Elder" ) . WHEREAS , both the Operator and Elder own property adjacent to each other along the north side of the Poudre River. WHEREAS, Elder proposes to operate a fish raising facility on his property. WHEREAS, the Operator proposes to mine sand and gravel from his property more particularly described in the attached Exhibit A (the "Property" ) . WHEREAS , Elder has adjudicated a 1989 water right more particularly described in the attached Exhibit B. WHEREAS, the mining plan proposed by the Operator may remove an agricultural drain tile which say provide a source of supply for Elder's water right. WHEREAS, both the Operator and Elder wish to avoid an injury to this water right. Now, therefore, for good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows. 1 . For a period of one year prior to the commencement of mining on the Operator' s Property, the Operator will° (a) test on a quarterly basis the water quality and temperature of the water at the discharge point of the agricultural drain tile; and (b) measure on a monthly basis the water quantity flow at the discharge point of the agricultural drain tile. For purpose of this paragraph, the agricultural tile drain is approximately 1,300 feet in length and exits the C & H Property at a point that bears South 69° 14' East a distance of 3, 100 feet from the Northwest corner of Section 32, Range 66 West, Township 6 North. 2 . The Operator will provide to Elder copies of all testing results and flow measurements derived pursuant to the provisions of Paragraph 1 above. -1- 9(00223 NL 3 . To the extent that Operator's dewatering process or mining operations adversely affect the quantity, quality or temperature of the water discharged by the agricultural drain tile, then Operator will replace any water which Elder is legally entitled to divert under the priority of the Elder water right. The following paragraphs describe the proposed substitute water and system which will be used. This proposed substitute water must at the option of the Operator, either meet all quality, quantity, and temperature requirements which exist before any disturbance to the existing drain tile or be sufficient to support the culture of fish. Should the substitute water not meet these requirements, another agreement will have to be reached before there is disturbance to the existing drain tile . In the event another agreement cannot be reached, the Operator will not mine within 200 feet of the existing drain tile, where upon the Operator shall have no further obligation to provide any substitute water to Elder. 4 . Concurrent with the mining commencing on the Operator' s property, the Operator shall install a new drain tile along the south side of Weld County Road 64. The upstream end of this drain tile will be located as near as possible but to the north of the source of the existing drain tile without unreasonably removing gravel resources from the mining plan. The installation of the new drain tile could be facilitated if the tile went through the William Hange property. If an agreement can be reached with William Hange, the new drain tile will be installed through the Hange property. If no agreement with Hange is reached, the new drain tile will be installed south of the Hange property. The technical aspects including: size and type of tile; size and type of rock; and depth of tile must be approved by Elder prior to Operator installing same. 5 . The foregoing substitute water will be delivered to Elder at the discharge point of the existing drain tile or at another point less costly to the Operator but agreeable to Elder. Any facilities required to deliver such substitute water to Elder at said discharge point shall be constructed and paid for by Operator. 6 . The Operator shall not prepare, submit, or pay for any filings or applications of water rights involved in this agreement. Elder shall be responsible for any application he deems necessary to maintain, perfect, or augment his surface water right. 7 . Should Elder file on any remaining water (> 3 1/2 cfs) that arrives through this new drain tile. Elder will incur any related fees with same. • -2- 960223 N3 8. The Operator shall warrant the water facilities free of defect in materials and workmanship for a period of one ( 1 ) year from the date of completion of construction. Following this period, Elder shall be granted a permanent easement on Operator' s and Hange ' s land ( should the new drain tile be installed through Range ' s property) to be used for access to the tile for the purpose of maintenance . The legal description of this permanent easement is described in the attached Exhibit C. 9 . The Operator shall be liable for any fish killed during the construction period of the new water facilities and during the one ( 1) year warranty period due to any interruption of water quality, quantity, and temperature because of Operator' s dewatering or mining activities. During this construction and warranty period, Elder shall provide the Operator with a monthly inventory of fish stock on hand. This inventory shall be supplied to the Operator each month on the 15th day of the following month. 10 . This Agreement shall be binding to the heirs, assigns, and successors of both the Operator and Elder. 11 . This Agreement shall be effective only when the Operator begins mining on the Property owned by him, and Elder continues to maintain an absolute water right authorized by the Division 1 Water Court. C & M READY MIX CONCRETE COMPANY OF BOULDER By: Title: Chris D. Elder Amy S. Elder 89-131 03/06/90 6 -3- 900223 II AGREEMENT This Agreement is made between C & M Companies ; P . 0 . Box 490; Niwot, CO 80544 ( the "Operator" ) and William Hange ; 13276 Weld County Road 64 ; Greeley, CO 80631 ( "Hange" ) . WHEREAS , the Operator proposes to mine sand and gravel on property more particularly described in the attached Exhibit A (the "Property" ) . WHEREAS , the Operator shall mine the sand and gravel from a pit which shall be dewatered by making use of pumps which will discharge the water into the Poudre River. WHEREAS , after the mining is completed the Operator shall line the slopes of the pit with clays and silts to create an impermeable water storage reservoir according to the specifications of the Colorado State Engineer. WHEREAS, Hange is the owner of a well more particularly described in the attached Exhibit B (the "Hange Well" ) which may be affected by the Operator' s dewatering operation. WHEREAS, both parties desire to protect the water flow from the Hange well from any deterioration due to the dewatering operation. Now therefore , for good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1 . At all times during the mining operation, the Operator shall maintain a 300 foot setback from the Hange house more particularly described in the attached Exhibit B to the edge of the mining pit. 2 . The Operator will install groundwater Monitoring Well C as described in the attached Exhibit B. When mining begins on the Property this well will be monitored on a monthly basis . Groundwater measurements from this monitoring well will be provided to Hange . 3. If the groundwater level in Monitoring Well C drops more than ten ( 10) feet and the Hange Well is unable to produce sufficient water for Hange ' s existing irrigation purposes, the Operator will provide up to four (4 ) acre feet of water per year to Hange from or by one or more of the following at Operator' s discretion: sCO223 -1- I . (a) Whitney Ditch water owned by the Operator. The Operator shall provide and install the necessary pipe to deliver this water to the northeast corner of the Hange property. It shall be the responsibility of Hange to request a call from the ditch rider when irrigation water is needed . Also Hange shall inform Operator of his water requirements on a weekly basis . (b ) Injection of water from Operator ' s mining pit into the Hange Well. The Operator shall install a valve and a secondary pipe at the dewatering pump to carry water directly to the Hange Well . Hange shall have reasonable access to the valve to divert water to the Hange Well . ( c ) The deepening of the existing Hange Well to a depth to avoid any decrease in or interruption of water flow due to the Operator' s mining or dewatering process . The Operator shall bear all costs associated with the application of any required permit for and the construction and testing of the deepened well ; provided, however, the Operator shall not be obligated to augment any uses from the Hange Well which are not presently permitted. 4 . After the mining is completed and the pit side slopes are sealed, if the groundwater level in the Hange Well exceeds the level of the basement of the Hange house within one year of the sealing of the pit side slopes adjacent to the Hange property, the Operator will install a tile drain along the north side of the Hange house . This tile drain shall remove excess groundwater from the basement and foundation area of the Hange house and carry it onto the Operator' s Property. The Operator shall bear all expenses of the tile drain and it shall be installed within three ( 3) months of the groundwater level in the Range Well meeting or exceeding the height of the basement floor in the Hange house . 5 . In order to provide a visual screen from the mining operation for Hange, the Operator shall plant a minimum of 20 deciduous and evergreen trees with the proposed 300 foot setback at the beginning of mining on any part of the Operator' s Property. It shall be the responsibility of the Operator to maintain these trees in a healthy condition during the period of Operator' s mining operations. Any trees which die shall be replaced within one ( 1 ) year. 6 . In order to control noise levels from the mining operation to levels specified by Colorado statutes, the Operator shall construct a five (5) foot high earthen berm on the Property but within the 300 foot setback from the Hange house ~ This berm shall be completed and seeded within six (6 ) months of the commencement of mining on any part of the Operator' s Property. At the end of the mining, the berm shall be removed. 9GG22a3 -2- IS 7 . This Agreement shall be binding upon the heirs, successors, and assigns of both the Operator and Hange . In witness thereof , the parties hereto have executed this Agreement and it is effective on the last date below. C & M READY MIX CONCRETE COMPANY OF BOULDER By: William Hange 89-131 01/17/90 900223 -3- FILE PL0687 USR897 CASE 900223 Exhibits X,Y and Z are pictures. Please see original file. �I f rioinoofln FEB 2 6 1990 c \Y ono mios wttd to Ptho t uumi hss,yg, I I I January 9, 1990 Tuttle Applegate Rindahl , Inc. Attn: Mr. Gary Tuttle 11990 Grant Street, Suite 410 Denver, CO 80233 Dear Mr. Tuttle: This report describes the noise emissions and methods of control associated with the W. W. Farm Pit located in Weld County, Colorado. I have prepared the format of this report which will allow you to extract the text and table and prepare them in your report format. 1. 0 Noise Impact - Overview The W. W. Farm Pit is located in the southeast corner of the intersection of Weld County Road 27 and 64 . There are 8 residences located along the northern boundary of the mine, to the east and to the southeast. The excavation of the product will be accomplished with a front end loader which will transport the product to a conveyor which feeds the product to the processing plant where the product is crushed, screened and stored in stockpiles. From the stock- pile, some of the product will be fed to concrete or asphalt batch plants. The finished products will be transported from the process sites via haul roads to Highways 27 and 64 and then to the market. The mining equipment which must be assessed for its noise impact upon the adjacent community is shown on Table I. Equuipment Model Noise Emission Description Dels 1. Motor Grader 10. 90 2 . Front End Loader 980C 11. 05 3 . Crusher 11 . 35 4 . Crusher 11. 35 5 . Screen Telsmith 11 . 20 6. Conveyor 9 . 90 7 . Asphalt Plant 10. 10 8 . Haul Trucks 10. 50 Table I - Noise Sources and Sound Power Levels r°-= •'- 21 charleville rd. 3925 south kalamath street sa---,. englewood, colorado 80110 • - r` rathmines (303) 761-4367 . ` dublin 6, Ireland �; ,/3;; T 9CC223 Mr. Gary Tuttle Noise Emissions and Methods of Control - W. W. Farm Pit Page 2 • The sound pressure levels at any distance from the noise sources in dB(A) can be calculated from the sound power levels listed in Table I . Included in the calculations of the sound level are the effects of distance and shielding. Shielding can be in the form of natural topography or berms and barriers constructed as part of the mining process. For example, stockpiles are excellect noise barriers that can be readily located next to stationary equipment such as screens, crusher and batch plants. In the following sec- tions noise contours will be developed and methods of noise mitigation described. 2 . 0 Basic Noise Contours Mining Equipment For noise impact analysis the noise sources are separated into two basic catagories ; stationary and non-stationary. Crushers, screens and conveyors are examples of stationary noise sources. Front end loaders, dozers, scrapers and haul trucks are non-stationary noise sources. It can be seen on Table I that the sound source with the greatest noise emis- sion is the 980C Front End Loader which will be used during both the development and operational phase of the mine. The front end loader will be in use during the entire mining operation and is the major noise source during mining be- cause it cannot always be shielded by stockpiles or barriers when operating close to the mine boundary. 2 . 1 Front End Loader Noise Contour The front end loader, a Caterpillar Model 980C has a sound power level of 11. 05 Bels and will produce sound pressure levels at the distances shown on Table 2 . These sound levels are those that will occur when there is no interven- ing screening or barriers. Thus, these are worst case con- ditions. Distance Sound Pressure Level Feet dB(A) 25 85. 1 50 79. 0 75 75. 5 100 73 . 0 125 71. 1 Table II - Sound Level for 980C Front End Loader engineering dynamics 9CO223 Mr. Gary Tuttle Noise Emissions and Methods of Control - W. W. Farm Pit Page 3 Distance Sound Pressure Level Feet dB(A) 150 69 . 5 175 68 . 2 200 67 . 0 250 65. 1 300 63 . 5 400 61. 0 500 59 . 0 600 57 . 5 700 56 . 1 800 55. 0 900 53 .9 1000 53 . 0 1500 49. 5 2000 47 . 0 Table II Continued- Sound Level For 980C Front End Loader From Table 2 , it can be seen that a sound pressure level of 55 dB(A) occurs at a distance of 800 feet from the 980C Loader when there are no acoustic barriers between the loader and the receivers. When the Loader is working on the pit floor, the Loader will be 20 feet below grade and acous- tic shielding will be provided by the mine face. Using the residence located just south of Road 64 and about halfway between the permit boundaries which is shown with the 300 foot distance to the mining limit, the effect of below grade operations of the Loader can be calculated. Distances and heights used in these calculations are as follows: Distance from Residence to Mine Face 320 feet Height of Residence (12 feet above grade) 4732 feet Distance from Mine Face to Loader 20 to 2000 feet Height of Loader Noise Source 4710 feet (10 feet above pit floor) Height of Mine Face 4720 feet Table 3 which follows shows the effect of the mine face and the effect of a 5 foot berm as acoustic barriers on the sound levels at the upper window of the residence. engineering dyncrdics 9(6223 Mr. Gary Tuttle Noise Emissions and Methods of Control - W. W. Farm Pit Page 4 Distance From dB(A) dB(A) dB(A) With Mine Face Mine Face No With Mine and 5 ft. Earthen to Loader Barrier Face Berm 20 62 . 9 51. 0 47 . 1 50 62 . 1 53 .8 50. 4 75 61 . 5 54 .7 51. 7 100 61 . 0 55 . 0 52 . 5 200 59 . 0 54 . 0 52 . 2 300 57 . 5 57 . 5 52 . 1 400 56 . 1 56. 1 51. 0 500 55 . 0 55 . 0 50. 0 600 53 . 9 53 . 9 48 . 9 700 53 . 0 53 . 0 53 . 0 BOO 52 . 2 52 . 2 52 . 2 900 51. 4 51. 4 51. 4 1000 50 . 7 50. 7 50.7 Table 3 - Sound Level at Second Story Window of Residence Located 300 Feet from Limit of Mining For 980C Front End Loader The dB(A) sound levels listed on Table 3 show that the sound levels at the 12 foot level of the residence located 300 feet from the mining limit can be controlled with a 5 foot earthen berm to levels that are less than 55 dB(A) . The sound level will exceed 55 dB(A) if the loader is operated at grade level closer than 500 feet but this condition can be avoided by starting the excavation and hauling of the product at a distance of greater than 500 feet from the mine property line and then working below grade against the mine face as the mining proceeds towards the property line. The berm can be constructed during the removal of top soil . 2 . 2 Processing Equipment The processing equipment includes crushers, screens con- veyors and transfer stations. This equipment will be ini- tially located towards the southern portion of the property and this site will be about 1500 feet from the proposed single family development located to the south. The sound levels at the housing development, as a result of the processing plant operations, will be 57 dB(A) if there are no intervening berms or barriers. engheering dynarics SC6223 / / Mr. Gray Tuttle Noise Emissions and Methods of Control - W. W. Farm Pit Page 5 By using stockpiles for shielding more than 10 dB of noise reduction can be obtained resulting in a noise level at the closest edge of the development of 47 dB(A) under worst case conditions. When the processing site is relocated from the initial site located to the south to the second plant site location which is further north, the sound level at the housing development due to the processing plant will be less than 40 dB(A) . The second plant site will be 600 feet from the nearest residence located to the northwest of the plant and the use of noise barriers will be required. Stockpile and berms can be used to keep the sound level at that residence to below 50 dB(A) . 2 . 3 Batch and Asphalt Plant The concrete batch plant equipment produces noise levels that will be' less than produced by the other processing equipment. Noise surveys conducted at other concrete batch plants have shown that the loudest noise source is the public address system speakers which are used to control the queuing of the cement trucks. The asphalt plant has a sig- nificant noise source which is the gas and oil fuel burner which produces a combustion rumble noise which sounds very much like a jet engine. Screening of the burner at the in- take section will be required to control the noise from the burner. 3 . 0 Haul Truck Noise The initial plant site location to the south of the mine will operated with 48 truck trips per day. When the plant is relocated to the second site the mine will operate with 96 truck trips per day. The haul trucks will operate during . the daytime hours. The State of Colorado Noise Law limits heavy truck noise to less than 86 dB(A) at 50 feet at speeds less than 35 MPH. Numerous measurements taken by E.D. Z. of truck noise has shown that properly maintained trucks will produce no more engineering dyrcrriics 900223 Mr. Gary Tuttle Noise Emissions and Methods of Control - W. W. Farm Pit Page 6 then 82 dB(A) at 50 feet at speeds less than 35 MPH. Ex- cluded from these limits are trucks with defective or straight-pipe mufflers . When the trucks are hauling the product on the mine property the noise emissions can be reduced by limiting on-site speeds to 15 MPH and engine RPMs to 75% of rated governed maximum RPM. If this is done noise levels from the haul trucks will be less than 80 dB(A) at 50 feet. Each truck as it leaves the site will have a moving noise contour or foot print. The size of this foot print as a function of sound level is shown on Table 4 . Sound Level Distance In Feet to: at 50 Feet 55 dB(A) 50 dB(A) 45 dB(A) dB(A) 90 2825 5022 10940 85 1588 2825 5022 82 1124 2000 3555 80 893 1588 2825 75 502 893 1588 Table 4 - Noise Foot Print of Haul Trucks No Shielding or Barriers The mining plan shows the initial processing site to be 2100 feet from the northern edge of the residential development which means that the noise level from the haul trucks at the residential development will be less than 50 dB(A) . The use of on-site stockpiles and constructing the haul road below grade will decrease the noise level . When the processing site is relocated to the second site the haul route will be very short, about 300 feet, but it will be 800 feet from the nearest residence. To control the haul truck noise while the trucks are on the mining property a berm must be con- structed along the northern edge of the haul road. The top of this berm must be 15 feet higher than the haul road. Truck speeds on the haul route must be limited to 15 MPH and speeds on 83rd Avenue must be limited to 35 MPH. Very truly yours, ENGINEERING DYNAMICS, INC. owaH rd N. c�G,regor P.E. engheering dyncr Tics 900'223 DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 L----4. 91510th STREET 11 'Att. GREELEY,COLORADO 80631 C. COLORADO February 22, 1990 TO: Surrounding Property Owners or Owners and Lessees of Minerals APPLICANT: C & M Companies LEGAL DESCRIPTION: Part of Section 32, and part of the W} of Section 33, all in T6N, R66W of the 6th P.M. , Weld County, Colorado REQUEST: A gravel mining operation and concrete and asphalt batch plants LOCATION: Approximately .25 miles north of the City of Greeley; south and adjacent to Weld County Road 64 and east and adjacent to Weld County Road 27 The public hearing on Wednesday, February 28, 1990, at 10:00 a.m. concerning the request of C & M Companies may be continued because the applicant failed to post a sign on the property giving 10 days notice before this scheduled hearing. Notice of any continued hearing date will be mailed to surrounding property owners and owners and lessees of minerals. For more information call Rod Allison, Principal Planner, Weld County Department of Planning Services, 915 Tenth Street, Room 342, Greeley, Colorado 80631 . Phone 356-4000 ext. 4400. This notice was mailed to the surrounding landowners on February 22 , 1990 . (A list of those surrounding landowners is attached. ) 960223 MAILING LIST C E. M Companies USR-897 William A. Range, Jr. Rene' L. Range 13276 Weld County Road 64 Greeley, CO 80631 Clyde W. Feuerstein Kathleen Feuerstein 13771 Weld County Road 64 Greeley, CC 80631 Tollgate Farms, Inc. 179 South Monroe Street Denver, CO 80209 Albert L. Allison, Jr. Beverlee A. Allison 13165 Weld County Road 64 Greeley, CO 80631 Lester V. Goetzel Corabelle Goetzel 13451 Weld County Read 64 Greeley, CO 80631 Wilbert W. Firestien M. Ruth Firestien 30952 Weld County Road 27 Greeley, CO 80631 Eighty-Third (83rd) Jcint Venture P.O. Box 3178 Greeley, CO 80633 Greeley Tech Center P.O. Box 878 Greeley, CO 80632 Ed Orr and Susie Orr c/o Orr Land Company 801 Eighth Street, Suite 230 Greeley, CO 80631 Peggy Ann Ackard and J. Lawrence, Trustees 179 South Monroe Street Denver, CO 80209 900223 MAILING LIST C & M Companies USR-897 Page 2 Mayo C. DeBey P.O. Box 5061 Greeley, CO 80631-0061 Dale L. McKelvey Karen A. McKelvey 13804 Weld County Road 64 Greeley, CO 80631 Gary D. Petersen Katheryn C.Petersen 7100 Arbutus Arvada, CO 80005 Weld County 915 10th Street Greeley, CO 80631 C 6 M Ready Mix Concrete Company 7916 Niwot Road Niwot, CO 80544 Lydia Wiedeman 7611 West Fourth Street Greeley, CO 80631 Susan L. Barnhart 410 71st Avenue Greeley, CO 80634 Catherine L. Stevens 592 North 66th Avenue Greeley, CO 80631 Gary J. and Leona M. Miller 411 37th Avenue Court Greeley, CC 80634 Kenneth D. and Kathleen M. Schraeder 520 North 71st Avenue Greeley, CO 80634 Daniel and Mildred L. Borman 30598 Weld County Road 29 Greeley, CO 80634 900223 MAILING LIST L & M Companies ITSR-897 Page 3 -lindon H. Davis Betsy Davis 2730 Buena Vista Greeley, CO 80631 Nathan Jacobs 412 North 71st Avenue Greeley, CO 80634 Albert H. Arriessecq 504 North 71st Avenue Greeley, CO 80634 Mary Jane Duran Blietz and David S. Blietz 638 North 7st Avenue Greeley, CO 80634 Rine Duran 760 North 71st Avenue _Greeley, CO 80634 Gene Hempel Engineeriug Supervisor Public Service Company 1500 Sixth Avenue Greeley, CO 80631 Mr. Terry Savage Vice President Snyder Oil Company 1801 California Streetm #3500 Denver, CO 80202 Ms. Donna L. Coble Greeley Irrigation Company P.O. Box 449 Greeley, CO 80632 Dave Griffith Western Area Power Administration P.O. Box 3700 Loveland, CO 80539 900223 MAILING LIST C & M Companies USR-897 Page 3 Associated Natural Gas, Inc. 1335 Eighth Avenue Greeley, CO 80631 North Weld County Water District P.O. Box 56 Lucerne, CO 80646 Snyder Oil Company 1801 California Street Denver, CO 80202 900223 k N_c,:...,‘ , 3 _ )6 o-Cki _C CCCk,,.sC JL? l O L JAL , C C)6\.L; C O, C o--14 51 irk ; 1 L `)CLC C Cc&AM ±_,Ci A CC tC6"',/CC , C°—C C C-C1AD c}t C (._ k ) /V\ p % . C p C C C 1 0-A/1 - - a (L C C, C AV , KY C C *1 -t -ik C. vi C CA C C� 05--(6,-}ucLidcz I C 4 Ca \ , ,k-k& ,A CC W71/1{4,-Lf _ . Ct (� C�VVwI % 9 4 ,L;LCCC� - C S---C J -C C`v e A^.mac—g s Ls - , /- /7) IL, i '7 j, L? -2O- 7c) 1.111W95-Fli7 [9?1!&37I jFEB22199iIR/' ED RE y - Mein Cn C xi,,.�, ;h 9G0223 tirDis . COMMUNITY DEVELOPMENT City of 1000 10TH STREET, GREELEY, COLORADO 80631 (303) 350-9780\ Greeley November 30, 1989 D prOIM-0_ ii DEC 1989 Mr. Ernie Ross, Chairman Weld County Planning Commission Weld CO. Ham111t COMMIS p 915 10th Street Greeley, Colorado 80631 Dear Mr. Ross: On November 28, 1989, the City of Greeley Planning Commission reviewed a request from C & M Concrete Companies for a sand and gravel mining and processing plant known as the WW Farm Pit. This pit and processing facility is located immediately north of the City limits and the proposed City owned Boomerang Golf Course. After conducting a detailed review of this request the City of Greeley Planning Commission recommends the following to the Weld County Commission: 1. No objection to mining and processing within Phases 2 , 3 and 4 . The City does, however, request that the following issues be addressed by Weld County and that appropriate mitigation and design standards be required. -- Noise generated from the project should not exceed 55 dBa, as measured from the project's southern property line. -- The processing facilities should be located and designed so as to be as visually unobtrusive as possible from the properties to the south. -- The routing of truck traffic should be done so as to minimize conflicts with other users. Although additional analysis should be conducted with regard to proper route selection it appears that routing along 83rd Avenue is preferable to using 71st Avenue. For your consideration a brief list of traffic concerns developed by the City's Traffic Engineer is attached. 1989 GREELEY Wild ALL-AMERICA LITY k�0223 1 III J Mr. Ernie Ross Page 2 November 30, 1989 -- The northern perimeter of the reclamation plan for Phase 4 should be redesigned to reflect a more natural appearance. To this end, a more curvilinear lake front or less rectangular design is desired. The issue of automobile and truck safety along "0" Street is also a concern. -- Beneficial post mining land use should be assured. Minimal changes in the proposed post mining land use may allow more beneficial long term use of this property for both wildlife and recreation. -- Existing wetlands lost as a result of this operation should be replaced. -- Impacts to both existing and proposed water wells should be addressed. 2 . The City of Greeley Planning Commission strongly objects to both the extraction of the sand and gravel and the processing of sand and gravel within Phase 1. The Planning Commission presents this objection since the proposal does not comply with the following City Comprehensive Plan policies. 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 non-industrial land uses located within the Long -Range Expected Growth Boundary. The City of Greeley Planning Commission believes that mining and processing of sand and gravel in Phase I will generate significant noise and visual impacts that cannot be reasonably mitigated. 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: complimentary landscaping, building massing, material selection and site design. S00223 Mr. Ernie Ross Page 3 November 30, 1989 The overall sand and gravel operation can be made compatible with adjoining City development by limiting mining and processing to Phases 2, 3 and 4 which are more distant from proposed and existing City development. As always, the City of Greeley Planning Commission appreciates the opportunity to comment on items forwarded to us by Weld County. Sincerely, -Bruce White, Chairman City of Greeley Planning Commission Enc. 9CO223 To: Bagley ha-ngeb Subject: -Gravel Pit (W/W) North o₹ New Golf Course Comments Steve, Please note the following traffic concerns involving this county referral . ' 1. 'The intersection of -83rd Ave./"O" Street is of extreme concern for safety and turning movements for the 80 trucks/day proposed. 'This intersection is currently a high accident area (serious injuries) . Trucks cannot make legal turns at this intersection to go from northbound to eastbound whicjh will be their highest -movement at this location in later phases 2 . Accel/Decel lanes will be needed for 83rd/"o" and are recommended. 3 . The 71st Ave. Bridge over the Poudre River will not be able to handle the truck loads as it is already restricted and in need of repair. 4 . A maintenance agreement is needed for roadways specifying each rdwy. and agreements. 5. The loadings of the trucks proposed were not calculated in the new roadway designs for 71st Ave./4th Street. area. Z. Intersection controlls at 71st AVe./W. 10th and 83rd Ave./W. 10th should be reviewed by CDOH for impacts to signalization, turn lanes, etc. Accel/Decel will be warranted at 83rd Ave./W. 10th after phase I. at'c� ^ I/CG thy,/ AkAn-)' B `o GH,� !�✓ �i �� )G «itin) '2q ZeG/C . / >"/GY n v, . G7 � vG SA 5/.0 co-A-7 ter /3 7Z /7 /3e2 9CO223 itt R DEPARTMENT OF PLANNING SERVICES �, PHONE(303)356-4000, EXT.4400 1 915 10th STREET GREELEY,COLORA0O80631 O RECEIVED CASE NUMBER USR-897 • COLORADO Nov 0 6 '89 COLORADO WATER November 3, 1989 CONSERVATION BOARD TO WHOM IT MAY CONCERN: Enclosed is an application from C 6 M Companies for a Site Specific Development Plan and a Special Review Permit for a gravel mining operation And concrete and asphalt batch plants. The parcel of land is described as Tart of Section 32 and part of the W} of Section 33, all in T6N, 166W of the 6th P.M., Weld County, Colorado. The location of the parcel of land for vhich this application has been submitted is approximately .25 miles north of the City of Greeley; south and adjacent to Weld County Road 64 and east and adjacent to Weld County Road 27. This application is submitted to you for review and recommendation. Any -comments or recommendation you consider relevant fo this request would be appreciated. tour prompt reply will help to facilitate the processing of the application and will eusure prompt consideration of your recommendation. Please reply by November 17, 1989, so that vs may give full consideration to -your recommendation. Please call Rod Allison, Principal Planner, if you -save 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 floes/does not) comply with our Comprehensive Plan for the Iollowing reasons. • 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible Stith the interests of our town for the following reasons: 3 . /\ We have reviewed the request and find no conflicts with our interests. 9CU223 4 . A formal recommendation is under consideration Ord Y111 C--s submitted to you prior to: (1�c+.i(Nti cv5 ttityt 'x/fie/7� S. Please refer t he enclosed letter. �/)) Ct EC 2 9 Signed• Agency: • Wet T in_ la_ ow , tisk x x A..' ( / ! if" ,rrtafi�y DEPARTMENT OF THE ARMY OMAHA DISTRICT. CORPS OF ENGINEERS ROCKY MOUNTAIN AREA 2880 S. CIRCLE DR., NORTH BLDG., SUITE GL 10 /_.. COLORADO SPRINGS. COLORADO 80906-4188 NElCY TO ATTENTION OF January 18, 1990 Matte River Resident Office } Gary Tuttle \. / t ,<< Tuttle, Applegate, Inc. I �t FEB 11990 Grand Street ` �_._--_----- Suite 410 -Denver, Colorado 80233 l' '9d tn. Platt iSSlil'. Dear Mr. Tuttle: Your proposed gravel mining operation on behalf of C & M Companies, WW Farm Pit which will require the construction of a bridge over a wetland located in Section 32, T-6-N, R-6-W, Weld County, Colorado has been reviewed by this office. Based on the information provided, this office has determined that the proposed work is authorized by the Department of the Army Nationwide Permit found at 33 CFR Part 330.5(a)(25). Enclosed is a fact sheet which fully describes this Nationwide Permit and lists the Special Conditions which must be adhered to for this authorization to remain valid. Although an Individual Department of the Army Permit will not be required for the project, this does not eliminate the requirement that other applicable Federal, State or Local Permits be obtained as required. Please note that • deviations from the original plans and specifications of the project could require additional authorization from this office. Should at any time it becomes evident that either an endangered species or its critical habitat exist within the project area, this office must be immediately notified. The verification of this nationwide permit authorization is valid until January 18, 1992. If there are any questions concerning this matter, please feel free to contact this office or me at 303/979-4120 or 4121 and reference Nationwide Permit Number CO-90-09. Sincerely, cc: Terry McKee Permit Files Environmental Resource Specialist Omaha -Permits Branch F r C E ' _ Colorado Department of Health D.S. Fish and Wildlife Environmental Protection Agency Colorado Division of Wildlife 900223 • 5 1990 • JAN Weld County Commissioners 915 10th Street Greeley, CO 80631 __... .._..,M 356-4000 Aqua Harvest -Trout Farm 8255 WCR 74 Windsor, CO 80550 686-5210 Dear Commissioners , A possible conflict may exist between the proposed C & P1 Companies ' W-W Gravel Pit and our water rights . Aqua Harvest produces trout which are reared in water that comes from a drainage tile . This drainage tile originates on the proposed W-W Pit site and flows underground to our diversion structure which is on our land . Our concern is that this tile line may experience a decrease in flow or possibly quit flowing if mining commences . C & N Companies admit that this situation could happen and have informally offered to mitigate this water with water pumped from their de-watering process . A possible problem with this is the risk of the pumping equipment malfunctioning . Trout need a source of continually flowing water with a constant temperature . Any fluctuation in flow or temperature will result in stress and probable mortality to our trout . Enclosed is a copy of our Water Claim. Please feel free to call me with any questions that you may have . Sinrerly, / '</� , {fit Chris D. Elder 200223 � .EA//t/a17 /"! .- DISTRICT COURT , WATER DIVISION NO. 1 , COLORADO CASE NO. 89CW030 TNDING-S AND RULING OF THE REFEREE AND DECREE OF THE WATER COURT IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF 'HRIS D . FL_DER , IN WELD COUNTY -PHIS -CLAIM was filed with the Water Clerk, Water _Division 1 , on February 28 , 1989 and amended on May 30 , 198-9 and June 30 , 1989 , and the Referee being fully advised in the premises , does hereby find: All notices required by law of the filing of this application were fulfilled, and the Referee has jurisdiction of this application . No Statement of -Opposition to said application was fil-ed and the time for filing such statement has expired. All matters contained in the application were reviewed , and ♦ ostimony was taken where such testimony was necessary and such orrections made as are indicated by the evidence presented . IT IS HEREBY THE RULING OF THE WATER REFEREE : 1 . the name and address of the claimant : Chris D. Elder 31209 WCR 17 Windsor, CO 80550 2 . The name of the structure: Elder Aquaculture Diversion 900223 Chris D . Elder 89CW030 Page 2 3 . The legal description of the structure : NW1/4NE1/4 , Section 12 , Township 6 North , Range 66 West , 6th P .M. , Weld County, at a point approximately 1 , 22-0 feet South and 2 , 420 feet West of the Northeast corner , Section 32 . 4 . The source of water : Unnamed tributary to the Cache -L-a Poudr-e River 5 . The date of appropriation: February 22 , 19839 6 . The amount of water: 3 .5 cubic feet per second, CONDITIONAL 7 . The use of the water : Freshening flows for -aquaculture 8 . It is also ordered that the conditional right herein awarded is hereby continued in full force and effect until ,July, 1993 . If applicant desires to -maint-ain such conditional decree , an ,.pplication for a quadrennial finding of reasonable diligence shall be filed on or before July, 1993 or a showing made on or before such date *hat the conditional water right -has -become an absolute water right by reason of the completion of the appropriation. 9 . The priority herein awarded said Elder Aquaculture Division was filed in the Water Court in the year of 1989 and shall be administered as having -been filed in that year; and shall be junior to all priorities filed in previous years . As between all rights , filed in the same calendar year , priorities -shall be determined -by historical dates of appropriation and not affected by the date of entry of ruling . JAN 5 1990 � e ch 2 07 dfai: M. /47 e n 12• alts ,C A21-A% Q GJ „ry fiai 67/ tA �7//f��,(/'/�/r�`� z �///cr��y/� s `2 'z zrrz ey11We ir apyat6 djele-71- • lilt C-& („,9 x UiEZr.7241-lam elf24r-z tte d TL G L j J2eGrr de aad leArtd ,lbe ��`g a - a- -/7/ /2� 2 to at etyci_Ad a /1 a- Fjo raitd /IY1 1// ,%ate . :LeJa %thaz0,, GAL I/ dazat 2CO223 DEC I. 2 WECD ef it(if: OFFICE OF BOARD OF COUNTY COMMISSIONERS - PHONE(303)356-4000, EXT. 4200 I - P.O. BOX 758 GREELEY,COLORADO 80632 C. COLORADO December 11, 1989 C & M Companies P.O. Box 490 Niwot, Colorado 80544 Dear Sirs: Your application for a Site Specific Development Plan and Special Review Permit for gravel mining and concrete and asphalt batch plants has been recommended unfavorably to the Board of County Commissioners by the Planning Commission. The legal description of the property involved is shown as part of Section 32 and part of the W} of Section 33, all in Township 6 North, Range 65 West of the 6th P.M. , Weld County, Colorado. If you wish to be heard by the Board of County Commissioners, it will be necessary for you to indicate your request by signing the bottom of this letter and returning it to this office. Regular hearing procedures will then be followed. This includes publishing a Notice of Hearing in the legal newspaper, an expense to be paid by you. In order to proceed as quickly as possible, we must receive your reply by December 29, 1989. If we are not in receipt of your request by that date, the matter will be considered closed. Sincerely, BOARD OF COUNTY COMMISSIONERS WELD OUC0UNTY, COLORADO CHAIRMAN/, / I wish to have a hearing on this matter brought before the Board of County Commissioners. I agree to pay for the legal a vertising expense. Q .P.Q..-* ColdwpaibLutz," XHMI 900223 P 104 454 730 C & M COMPANIES P.O. BOX 490 NIWOT, CO 80544 _E Ykk eVevizzie Zn p u e •SENDER: Complete Items 1 and 2 when additional services are desired, end complete Items 3 end 4. Put your address in the"RETURN TO" Space on the reverie side.Failure to do this will prevent this card from being returned to you. The return receipt fee will provide you the name of the Person delivered to end the date of deliveryy. For additional fees the following services are eveilable.Consult postmaster for fees and shack box(w)for additional service(s) requested. 1. 0 Show to whom delivered,date,and addressee's address. 2. 0 Restricted Delivery t(Extra charge)t t(Extra oberge)t 3. Article Addressed to: 4. Article Number C & M COMPANIES P.O. ype of rvice: .O. BOX 490 O istered O Insured NIWOT, CO 80544 Certified - Li M Express �Ff Always obtain signature of addressee -- _ or agent and PATE DELIVERED. 5. Signature—Addressee 8. Addressee's Address(ONLY if X requested and fee paid) 6. Si u —Agent L X use r_ / .7. Date of Delivery PS Form 3811, Mar.1987 *U.a.O.P.O.1ea7-t7e-tae DOMESTIC RETURN RECEIPT December 8th, 1989 To: Weld County Commissioners' Clerk Case: USR 897 Attention: Weld County Commissioners Recently C&M Company applied for a permit (by special use) to operate a gravel pit within township 5 section 6. Although we understand that our area is within a growing and development phase, we strongly object to the location and plans for this gravel pit and cement plant for several reasons. This letter will discuss these reasons. There are five issues that need to be analyzed regarding the operation of the proposed gravel pit/cement plant: * Reduced Quality of Life * Increased Traffic & Road Hazards * Negative impact on ALL wildlife both local and migratory * Geologic/Operational Concerns * Long Term Development and Balance with nature REDUCED QUALITY OF LIFE As a property owner of twenty acres on WCR 27 (83rd Avenue) , there are several benefits we receive from our land. The ability to raise and sell hay. The ability to raise and sell AQHA Horses and AKC Dogs. The ability to ride on numerous plots of land (through access from WCR 27) , the ability to walk and jog and the ability to have a country setting for our mini-farm. The serenity. With increased dust from the proposed gravel pit/cement plant the value of our hay crop is greatly reduced, as well as the risk of sinus infections and respiratory problems for both ourselves and our livestock. The ability to take a casual horseback ride, walk or jog will be diminished (if not prohibited) by this proposal . The end result of this is a reduced land and property value, as well as increased health risks for ourselves and our livestock. INCREASED TRAFFIC & ROAD HAZARDS Having lived off WCR 27 for over eleven years, we have seen many promises that have not come to pass as far as road maintenance. As was brought out by Glen Webster at the Planning Commission meeting on December 5th, there have been promises made by both the oil industry and the county road/bridge department that have not occurred. The dust problem is horrible! The ruts in the road from the consistent truck traffic creates terrible ruts that cause wear and tear on our personal vehicles. Speed limits are totally ignored (as is consistently demonstrated by the haulers from the Hall/Irwin Pit) , which does place risk on our families that live in the area and catch the school bus. As most of our properties sit well off the road, drop-offs/pick-ups are at the end of lanes. Mr. Gary Tuttle, the legal representative for C&M explained that their plans called for 96 truck trips per day, (that is 48 trips both ways), which based on an average eight hour workday means there would be a truck going or coming every twenty minutes which would conflict with farm traffic (often slow moving) , and residential traffic. This is untolerable! 9CO223 PAGE 2 NEGATIVE IMPACT ON WILDLIFE The wildlife we experience is also put at extreme risk if not elimination within our specific area by this proposal . As the DOW Representative stated the current plan will subject mule and white tail deer, fox, coyotes, upland game birds, our migratory water fowl and raptures to undo duress. It will also destroy the breeding grounds and nesting areas for these mammals. The noise impact alone is cause enough to divert the wildlife from our current setting which also reduces the attractiveness of our property. GEOLOGIC/OPERATIONAL CONCERNS The proposed operation plan does not adequately address the geo-hydrologic aspects of operating the facility. The area lies within several known areas of perched ground water. Mr. Tuttle stated this would be a "dry-mine" operation. How do they intend to prevent or preclude the Cache La Poudre from occupying the excavation? The alluvial gravels exhibit a high rate of transmissivity, (rate at which water travels through a cross-sectional dimension) . A one to one excavation is a vertical wall . The planned operations call for filling-as-you-abandon the excavated portion of the mine with a 14 foot clay liner to prevent infiltration of ground water into the mine. We doubt very seriously if C&M Company owns enough water to augment the de-watered zones utilized for irrigation and domestic use as well as water lost from sub-surface infiltration of the Poudre via evaporation, (40" per year) . The faster they pump the pit dry, the faster they de-water. This could lead to significant subsidence to areas within the draw-down zone. We urge you to take a long, serious look at the hydrologic engineering for this operation, before passing judgement. LONG TERM DEVELOPMENT AND BALANCE In summary, all the reasons that we live where we have chosen to live for over eleven years is placed in jeopardy if you grant this permit. We question the balance of the long-term plan for organized growth and development. We ask you the question, does a gravel pit/cement plant coincide within a serene setting which includes a golf-course and sub-division? Who will take the job to insure our environment is not adversely affected? Current government process give guidelines for the planning portion, but operational problems will only be addressed after they have become monstrous size. Even industry located within the current area, (Hewlett-Packard) , and the Property Management Company (Wheeler) , vehemently opposes this permit. Is this the kind of health risk you want for our county? Is this the kind of environment you want to leave for our children and for their children? Are you willing to compensate us as property owners for the decreased value of our crops and the reduced land values? We have faith that you as our representatives and voice to our government process, can see through the issues, and see that plans have not been made in harmony with the DOW, the County, the City of Greeley, the State body of Engineers, and most importantly we the people. There is only one answer and that is to deny this p rmit. DeAnna Kay Swetzig & S tt T. Perkins 910223 DEPARTMENT OF PLANNING SERVICES `., PHONE(303)356-4000,EXT.4400 91510th STREET GREELEY,COLORADO 80631 Ce CASE NUMBER USR-897 COLORADO November 3, 1989 lSb9 1' JILi Ir TO WHOM IT MAY CONCERN: rimi6u. ?Liwky Enclosed is an application from C & M Companies for a Site Specific Development Plan and a Special Review Permit for a gravel mining operation and concrete and asphalt batch plants. The parcel of land is described as part of Section 32 and part of the W$ of Section 33, all in 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 approximately .25 miles north of the City of Greeley; south and adjacent to Weld County Road 64 and east and adjacent to Weld County Road 27. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Xour prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by November 17, 1989, so that we may give full consideration to your recommendation. Please call Rod Allison, Principal Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it _ does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. WESTERN HILLS r I zr= P nnT[�yyNjyyL' SS! Signs � V,� �._l_ Agency: 12n4 Ck�,Y / Jr-! - 3 Date: i(-3 C.) -- ic S Exit's/ i T Ov COtO /. �9 ROY ROMER JERIS A. DANIELSON Governor I`" O I State Engineer 76* 1876 � OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 November 29, 1989 Mr. Rod Allison Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: C & M Companies - WW Farm Pit URS-897 Sec. 32 & 33, T6N, R66W, 6TH PM Dear Mr. Allison: We have reviewed the above referenced proposal to allow a gravel mining operation on a 362 acre tract. Four storage pits with a depth up to 23 feet, will be created in the mining operation having a surface area of 180 acres. The proposal includes lining the excavated pits with clay to prevent infiltration of ground water. Anticipated production will vary between 150, 000 and 300, 000 tons per year. Although the water table is within 5 feet of the surface, the applicant proposes to mine in the dry by first dewatering the pit areas. Consumptive uses of water identified by the applicant will include dust suppression and water carried off in the gravel product. An estimate of 68 pounds of water loss per ton of gravel is presented. Our experience indicates actual water loss will be greater. Adequate documentation of water use and loss will be required. The parcel under consideration is located adjacent to the Cache La Poudre River, an over appropriated river. A well permit will be required for the dewatering wells. A plan for augmentation or temporary substitute water supply plan for all the consumptive uses must also be obtained prior to commencement of this operation. We also recommend a system of monitoring wells be established to confirm the impact of this operation on nearby ground water users. TpriuTiiiiceij I DEC 71989 Wt!id Cu. ilaiinaw buain dot o; eXai&r 900223 Mr. Rod Allison November 29, 1989 Page 2 Based on the information submitted we recommend that this proposal be held in abeyance until the water issues discussed above have been resolved. Si cerel� O. '+ — Hal D. Simpson, P.E. Deputy State Engineer JRH/JTS cc: Alan Berryman, Division Engineer Bruce DeBrine 900223 V ( 7/ 61" c ' & '4 43 ficac / cz-t,e ,t/L-1-1 4_, .1-c).-C-c_e /237---5/ 71. S.-eg Lit 11};:a-te_t.,_,_.,.y, Sac-v • = e 2t t_et _ g -1Vic ce- a , )( ti; LD 90U223 t Gt2 c m at g-4-1- -) Gc� CA-1a1 Ag-e O.2,4„, .., A -1--(ems. elc - a-c t -tom c74� � �� -e.L-4-. .. Z. ��- i- Ic%z W° ..t ti_- -t-LyCe4C. & 06/L2-4C, Q-I'c+? d Atied..0 c d 1,(_L � kQ tucy,d dce 0722e-V-r-t -ejt-7, At," Li ) C ,L -i-e.,4- 7/ - `5 /0,e. t 900223 63) Q w ey gyp ', cz, 7. i , (Le-C,o 7410 900223 Summary of the Weld County Planning County -Planning Commission December 5, 1989 Page 3 The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Ann Garrison - yes; Jerry Burnett - yes; Judy Yamaguchi - yes; LeAnn Reid - yes; Bud Haildorson - yes; Mick Iverson - yes; Bud Clemons - yes; Jerry Kiefer - yes; Brnie Ross - yes. Motion carried unanimously. CASE NUMBER: USR-897 NAME: C & M Companies 1.--- REQUEST: A Site Specific Development Plan and a Special Review Permit for a Gravel Mining Operation, and Concrete and Asphalt Batch Plants LEGAL DESCRIPTION: Part of Section 32 and part of the Wi of Section 33, all in T6N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .25 miles north of the City of Greeley; south and adjacent to Weld County Road 64 and east and adjacent to Weld County Road 27 APPEARANCE: Gary Tuttle, Tuttle and Applegate, Inc. , represented the applicant. They have had several meetings with the City of Greeley and the landowners in the area. Their concerns are centered primarily on Phase 1, or the easterly phase of this proposal. Therefore, they have changed the location of the processing plants. They will not disturb any trees along the proposed Poudre River Trail. Only eight acres will be mined at a time. When the tinth acre is begun, reclamation will begin on the previous eight acres. This is a dry pit, but reclamation plans call for a lined water storage reservoir that will obtain its storage water from irrigation water runoff, etc. There will be no seepage of water. There will be approximately 48 trucks (24 trips) per day initially. They will work with the County Engineering Department on road -maintenance and haul routes. They will maintain residential standards for noise. Each phase of mining will last from four to eight years. If groundwater drops, C & M Companies will take care of each individual problem at no cost to the property owner. Tape 361 - Side 2 Lee Morrison briefly reviewed current law regarding the definition of a well and storage water rights and the National Wetlands Act. Rod Allison reviewed the concerns of the Division of Water Resources. These have been written into the staff's comments. Conditions presented by the staff can be worked out with the various departments and at County Commissioner's work sessions prior to being heard by the Board of County Commissioners. The Chairman asked any members of the audience wishing to speak for or against this request to please fill out a card with their name and address, -and then return the cards to him. SCO223 (: Summary of the Weld County Planning County Planning Commission December 5, 1969 Page 4 The Chairman called a break at 2:45 p.m. The meeting was reconvened at 2:57 p.m. The Chairman called for discussion from the members of the audience. Allen Arriesseq, resident, J B Acres, is against this request because of the plans for this area. It would not be aesthetic, it would be detrimental to the environment and the view. Tape 362 - Side 1 Belynda Harris, Biology Student, University of Northern Colorado. The proposed mining of sand and gravel would disturb the natural environment and be harmful to the wildlife in the area. Larry Rogstad, District Manager, Colorado Division of Wildlife. Their major concern in mining Phases 3 and 4 concerns the wildlife in the area, the riparian habitat, and reclaiming the habitat. Robert Fraker, area resident, is opposed to this request because of the traffic and dust. The dust will be very harmful to his hay crop. Dorothy Reichert Cochran, J B Acres, would like to see complete plans in place before the Planning Commission takes any action on this request. Jack Crowley, Wheeler Management Group, discussed the affects the gravel mining and batch plants would have on Boomerang Golf Course and the proposed housing development for the area. There would be an increase in traffic, noise, and dust. The view would be obstructed by stockpiles of material. Mike Kelly, Public Relations, Hewlett-Packard, Greeley. They disagree with this request because of the traffic, noise, pollution, possible decreased value of H-P land and other properties in the area. Scott Perkins, geologist and surrounding property owner, discussed the hazards of mining in this area. The dust could cause respiratory aliments of animals. Increased gravel truck traffic could pose a problem to school children. He asked that C & M Companies plans be complete before the Planning Commission makes a recommendation to the Board of County Commissioners. DeAnna K. Swetzig, surrounding property owner, wished to reinforce what has already been brought before the Planning Commission. Ruth Firestein, surrounding property owner, also reinforces what has already been presented by area residents. 900223 Summary of the Weld County Planning County Planning Commission December 5, 1989 Page 5 Evelyn Knaub spoke on the possible harmful effects to the groundwater. Wilber Firestein wanted to reinforce the concerns of the area residents. Kathy Feuerstein, area resident, wished to reinforce the concerns of the other area residents. Also, C & M Companies stated they contacted the area _residents. They were not contacted. She asked the Planning Commission to see all recommendations intact before making a decision. Bill flange, surrounding property owner and registered engineer, asked that a noise analysis and hydrologic engineering studies be done, and all routes for traffic be completed to assure roadway safety prior to the Planning Commission's action. Jim Vetting, President, Greeley Irrigation Company #3 Ditch, reported they will meet with Mr. Tuttle to try to work out any problems they have concerning the possibility of water loss from the ditch. Glen Webster, area resident, spoke against this request because of noise and dust. Tape 362 - Side 2 Mr. Goetzel, area resident, asked what would happen to the gravel mines and batch plants if the river were to flood badly. Gary Tuttle stated they are in need of direction from the Planning Commission. The area is going through a transition period. The Chairman asked Rod Allison to read the Planning staff recommendation into the record. MOTION: Ann Garrison moved Case Number USR-897 for C & M Companies for a Site Specific Development Plan and a Special Review Permit for a Gravel Mining Operation and Concrete and Asphalt Batch Plants be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for denial based upon the following reasons: 9CO223 Summary of the Weld County Planning County Planning Commission December 5, 1989 Page 6 She believes that having work sessions with the County Commissioners, which are not public hearings where people would have a right to have input, is not in the best interest of the residents of the County or the County as a whole, and she feels it would set a precedence for other actions for the County. Also, she does not have enough information dealing with agreements that are going to be made. Agreements she would like to see in place are with Greeley Irrigation Company, the Department of Wildlife, a Road Improvements Agreement made with the County, and some kind of specific steps that would be taken to protect the landowners if their wells are affected, more information dealing with the fourteen foot liner, and whether this is an optimal type of liner. Whether a fourteen foot liner will work or not. The economic value of a shallow lake for storage in both the short and long run, and if there is any value at all in a shallow lake for storage. So, based on an incomplete application she is not able to see that this is a plan that is workable. Jerry Kiefer would have accepted a continuance to get all of these questions answered, but the applicant did want a direction. A motion is the only way to give the applicant direction, so he seconds the motion. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Ann Garrison - yes; Jerry Burnett - yes; Judy Yamaguchi - yes; LeAnn Reid - yes; Bud Halldorson - yes; Rick Iverson - yes; Bud Clemons - yes; Jerry Kiefer - yes; Ernie Ross - yes. Motion carried unanimously. NOTICE: 4:08 p.m. LeAnn Reid, Bud Halldorson, and Rick Iverson have left the meeting. CASE NUMBER: USR-898 NAME: Longmont Foods, c/o Kenneth Lind REQUEST: A Site Specific Development Plan and a Special Review Permit for a Turkey Brooding Facility (150,000 turkeys) in the A (Agricultural) zone district LEGAL DESCRIPTION: Part of the NE* SE} of Section 33, T4N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: West of Weld County Road 43, approximately .5 miles north of Weld County Road 38 900223 BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION "RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Ann Garrison that the following resolution be introduced for passage by the Weld County Planning Commission. Be it Resovled by the Weld County Planning Commission that the application for: CASE NUMBER: USR-897 NAME: C & M Companies ADDRESS: P.O. Box 490, Niwot, CO 80544 REQUEST: A Site Specific Development Plan and a Use by Special Review permit for gravel mining and concrete and asphalt batch plants LEGAL DESCRIPTION: Part of Section 32 and part of the W} of Section 33, all in T6N, R65W of the 6th P.M., Weld County, Colorado LOCATION: Approximately .25 miles north of the City of Greeley; south and _adjacent to Weld County Road 64 and east of and adjacent to Weld County Road 27 be recommended unfavorably to the Board of County Commissioners for the following reasons: - work sessions with the County Commissioners, which are not public hearings where people would have a right to have input, are not in the best interest of the residents of the County or the County as a whole, and it would set a -precedence for other actions in the County; - Also, the Planning Commission does not have enough information dealing with agreements that are going to be made: agreements should be in place with Greeley Irrigation Company, the Department of Wildlife, and a Road Improvements Agreement made with the County; - Some kind of specific steps that would be taken to protect the landowners if their wells are affected; - More information is needed pertaining to the fourteen foot liner for the pond, whether this is an optimal type of liner, and whether a fourteen foot liner will work at all; and - The economic value of a shallow lake for storage in both short and long terms, and if there is any value at all in a shallow lake for storage. Based on an incomplete application, we are not able to see that this is a plan that is workable. Motion seconded by Jerry Kiefer. 3'00223 USR-897 C & H. Companies Page 2 VOTE For Passage Against Passage Ann Garrison Jerry Burnett Uudy Yamaguchi LeAnn Reid Bud Halldorson Rick Iverson Bud Clemons Jerry Kiefer Ernie Ross The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file -of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Bobbie Good, Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on December 5, 1989, and recorded in Book No. XII of the proceedings of the Planning Commission. Dated the 7th day of December, 1989. Bobbie Good Secretary S00223 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Case Number Submitted or Prepared Prior ()Se by S eu.l k litt4 17 / ice' y ® � �'�� 8C � to Hearing at Hearing M Ne 1.4mg c-SOtookge 2.flit 1. A er- I/ �}�P/i b Gift. tth,;ve." 2. V 3. DPS Referral Summary Sheet 4. DPS Recommendation 5. DPS Surrounding Property Owner's Mailing List 6. DPS Mineral Owner's Mailing List V/ 7. DPS Maps Prepared by Planning Technician v. 8. DPS Notice of Hearing i/ -9. DPS Case File Summary Sheet 10. DPS Field Check 11. ppie tA, "Z0S--(D.aiso., - o<W/13% - 11/2//n1/712. dtS — — 4io ry T+FIe - rr/2* /7 13. f'lerno._ ( a ez.404y geal41- I V2.2.41 V 14. — I —So../ &'nlerViCIA -Serviie — I'/l3/t 15.56,- iP - - 4J,: kor — 004.1 V - ' I( Walt - ryz7%n 18. Stie) V f!Gr- C'zeic7 -3 pi__ 19. 20. 21. I hereby certify that the 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 . /747----7 ) I 717 Current Planner STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBE$' tD SWORN TO BEFORE ME THIS % day ofc.),�c ‘v-,1,ak.. 19 . SEA c °P CO�.O \\ NOTI;IRY PUBLIC 1,urrseis;ian Expires Feb. 13. 1993 900223 My Commission Expires x ,O; , A EXHIBIT INVENTORY CONTROL SHEET Case USR — C &14 Exhibit Submitted By Exhibit Description CA//' Leo- ,e /1.�,., �1 �� J� P. �' ct 2CG7'?�.w u n t j��./s�2^LtX /i.2�,.�7.lll. �C/�/�� At-774-. -1-44 - Wit-Adzil (Wee 7 7e="2-) - -R. X . _ ` / .tee . _ ZE-21 - S X7-12i2, 724,),./r- ,eie 74,7„,..,_,,,47,24xy.„4 . , T. L.//'Cy"e//Y.r''eh.-4 %('/-Gy7?.27,)-t Cd., fl'LQii� K' ectr7za., / ' �' '[2 .. /7 u. a , -6--ez, 2nl/ �L772-e (.:/ 7 en/-r1 l i d /lC'e2-<<r_., /� V. A' ",,z,, E'i �v/q.,1ir,,,, 4 4 (/�!•�CG�/7�CLA/JLG 0 fi w. ejet,i/ ji-f _ 'j 21 70.- ei, ei, -7.,,,,,,a/„.„-- hX. i ii Y. illit 511 Z (W7 AA. 1 C_ (\/ 114 BB. CC. DD. 9CC223 //�� EXHIBIT INVENTORY CONTROL SHEET Case U/ 12 (.1 ' /r 6,3,a,„.,,- . - . Exhibit Submitted By Exhibit Description . S /29,41,"21, <At e/l77-9 yiSa d • C. 2.9,vJ?� LB772-21-canl-en .277/717,7 $144 D. n "fail 75e.) E. AYC Ani zer e /(!� '�,u � „f¢ifa. � n l)v <-1_,44,90-W CK/2//1/2./ leaf T' /I/a �/ /T a ei p )ff F. � �✓ la Y-eA.1 /. o /f i&Z - ✓Lci� / d // G. /14, 7,,,a- �s a H. Si a te _ 17 7 ait. a - 0 PJ V-14.€9./a* /�/q. ...--'e ` � --41-4, ', ` Wiz/.; (/ (ern/14j, M. �,G-l.r"rt. 144 N. &&410-1 t i Wrte--01/11/ire. /rvn rAdlee--- a..--/'Uv,ni-; 0. ��u 0nc 4 er' j am o,', - X72: f O 900223 Date: December 5, 1989 CASE NUMBER: USR-i897 NAME: C 6 M Companies ADDRESS: -P.O. Box 490, Niwot, CO 80544 REQUEST: A Site Specific Development Plan and a Ilse by Special Review permit for gravel mining and concrete and asphalt batch plants LEGAL DESCRIPTION: Part of Section 32 and part of the W} of Section 33, all in T6N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .25 miles north of the City of Greeley; south and adjacent to Weld County Road 64 and east of and adjacent to Weld County Road 27 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 o₹ Section 24.7, 44.1, 44.2, and 44.3 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - This proposal is consistent with the Weld County C-omprehensive Plan's Mineral Resource Goals and Policies, the Urban Growth Boundary Area Coals and Policies, and the Transportation Goals and Policies. The conditions of approval and -development standards will assure 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 mineral resources. - The proposal is consistent with the intent of the Agricultural Zone district and is provided for as a use by special review. - The conditions of approval and development standards will make the proposal compatible with the existing surrounding land uses. Surrounding land uses include agricultural production, oil and gas production, and residential home sites. - 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 City of Greeley Comprehensive Plans. The City of Greeley Planning -Commission has reviewed this proposal and recommended conditional approval. The conditions are addressed in the attached conditions of approval and development standards. The Town of Windsor has reviewed this proposal and found no conflicts with its interests. 9CO223 USR-8-97 C 5 N Companies Page 2 Part of the Special Review permit site is located in the 100 year flood plain. Special Review permit development standards and conditions of approval address the overlay district requirements. No other overlay district affect the site. - Special Review Development Standards will provide adequate protection of the health, safety and welfare -of the neighborhood and County. This recommendation is based, in part, upon a review -0f the application submitted by the -applicant, other relevant information regarding the request, and the responses of the referral entities. The Department of Planning Services' ataff 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. 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 each mining phase. Each phase may be approved _separately; - the Division of Water Resources has approved a system of monitoring Atells to detect impacts on any nearby groundwater uses; - an emissions permit has been obtained from the Air -Pollution Control Division, Colorado Department of Health, for fugitive dust and source emissions; - an NPDES permit has been obtained from the Water Quality Control Division of the Colorado Department _of Health; 900223 USR-8-97 C & M Companies Page 3 - The Use -by Special Review will not cause injury to vested or conditional water rights es set forth in Section 44.4.11 of the Weld County -Zoning Ordinance; and - a 404 permit -has been issued by the Army Corps of Engineers, if applicable. 4. prior to recording the Special Review permit plat, the plat shall be amended to show the following: - an access road easement to the existing oil and -gas production facilities; - -an access road easement to all Western Area Power Administration transmission line structures; - the initial plant site location relocated to Phase 1 of the mining operation; - a haul road access for Phases 1 and 2 of the wining _operation located on Weld County Road 64; the boundaries of Phases 2, 3, and 4 north of the Cache la Poudre River, may he adjusted to address concerns raised by the Division of -Wildlife and army Corps of Engineers; - the Use -by Special Review boundary area emended to exclude all lands south of the centerline cf Greeley Ditch No. 3 located in Section 32 and 33, T6N, R63W of the 6th Y.M., Weld County, Color-ado; and - Weld County Read 29 haul _road and plant site location removed from Phase I of the mining operation. 5. prior to recording the Special Review plat: - an off-site read improvements and maintenance agreement shall be approved by the Board of County Commissioners. The agreement shall mitigate impacts generated by the operation to County roads. The agreement shall also consider road _impact concerns outlined in the City of Greeley's letter of November 30. A copy of she agreement shall be _submitted to the Department of -Ps-arming Services; - an agreement protecting the Greeley No. 3 -Ditch Iron loss of water shall be signed by representatives of the Greeley Irrigation Company end C & M Companies and submitted to the Department of Planning Services; 9CQ2za USR-8V7 C & M Companies Page 4 - the applicant shall meet with representatives of the Division of Wildlife to complete an agreement -to mitigate negative impacts on the warm water slough, wetlands, and wildlife habitat within Phases 3 and 4 of the mining operation. The Division of Wildlife shall review the agreement -and prepare a recommendation for use by the Board of County Commissioners. The agreement shall be approved by the Board of -County Commissioners; and - The applicant shall meet with representatives of the City of Greeley to develop a reclamation plan for the mining operation that is compatible with the existing and future -development of the surrounding -area. The City of Greeley shall review the plan and prepare a recommendation for use by the Board -of County Commissioners. The plan shall be approved by the Board of County Commissioners. 6. The following note shall be placed on the Special Review permit plat: NOTE: The Mined Land declamation 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. 90C223 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW -PERMIT DEVELOPMENT STANDARDS C & M Companies USR-'897 1. The Site Specific Development Plan and Special Review permit is for a gravel mining operation and concrete and asphalt batch plant materials processing facility as -submitted in the application materials on file in -the Department of Planning Services -and subject to the Development Standards stated hereon. 2. -Approval of this plan may create a vested property right pursuant to Article 66 of Title -24 C.R.S. , as amended. 3. The gravel mining operation shall comply with Section 44-4, the Operation Policies of the Weld County Zoning Ordinance. Any violation of these regulations shall be grounds for enforcement of Section 44.6 of the Weld County Zoning Ordinance. 4. The haul route for Phases 1 and 2 of the mining operation shall access Weld County Road 64 ("0" Street) or Weld County -Road 27 (83rd Avenue) . The haul route for Phases 3 and 4 shall access Weld County -toad 27 (83rd avenue) . Weld County Road 29 (71st Avenue) shall not be used as a haul route, except to make deliveries to the Boomerang Golf Course and associated residential development. 5. All liquid and solid wastes, shall be -stored and removed for final disposal in a manner that protects against surface and groundwater contamination. -i. The Special Review permit site shall be maintained in tompliance with the requited Emissions permit obtained from the Air Pollution Control Division, Colorado Department of -Health, for fugitive dust and emissions. 7. No permanent -disposal of wastes shall be permitted at this site. 8. The septic -system for the proposed office is required to be designed by a Colorado -Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. 9. An SSDS -Evaluation on all existing septic systems will -be necessary prior to issuing the required septic permits. 10. in rock, gravel, topsoil materials, and waste materials shall fie handled, stored, and disposed of in a manner that -controls fugitive dust, blowing debris, and ether potential nuisance conditions. 11. Fugitive dust must be confined on this site. 90O223 Development Standards I; S M Companies USR-897 Page 2 12. The Special Review site -shall be maintained in compliance with the approved NPDES Permit at all times. 13. The maximum permissible noise level shall not exceed the residential limit of 55 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 14. An individual sewage disposal system or vault is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 15. The property shall be maintained in compliance with the Weld County Flood Hazard Overlay District requirements. 16. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 17. The property shall be maintained in compliance with Section 404 of the Clean Water Act, if applicable. 18. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 19. The property owner or operator shall be responsible for complying with the Operation Standards of Sections 24.6 and 44.4 of the Weld County Zoning Ordinance. 20. personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 21. The Special -Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major -changes from the plans or Development Standards as shown or stated stall require the approval -of an amendment of the Permit by the Weld County planning Commission and the Board of County Commissioners -before such changes from the plans -or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 22. The property owner or operator shall be _responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing tevelopment Standards may be reason for revocation of the permit by the Board of County Commissioners. 2G0223 ADDITIONAL COMMENTS C and N Companies USR-897 The -City of Greeley Planning Commission recommends the extraction and processing of sand and gravel in Phase 1 and the use of geld County -toad 29 (71st Avenue) as a haul route be eliminated. The County Planning Staff supports the extraction o₹ sand and gravel in Phase 1 and feels the impacts on surrounding land uses can be minimized if 71st avenue is eliminated as a haul route and the processing and batch plant facilities are relocated north of the Cache le Poudre River. This would _relocate the processing facilities into Phase 2 approximately 1,600 feet north of the future residential area. 7Fhe Phase 1 extraction area would be a minimum of 1,000 feet from this area. One letter and two inquires objecting to this application have been received. 9,-3223 Mrs. lydia Wie eman Donald A. Wiedeman 7611 -W. -4th Street 26866 W.C.R. 17 Greeley, CO 80634 Johnstown, _CO 230534 December 1, 1989 Weld County Planning Commission Colorado Mined Land Reclamation Board c/o Department of Planning Services Room 215 915 Tenth Street, #342 1313 Sherman Street Greeley, _CO 230631 Denver, CO 802013 Re: C & M Companies, Application to Mine Sand and _Gravel Ladies and Gentlemen: We received notice -of C & M Companies' Application to Mine Sand and Gravel at or near Section 32, Township 6 North, Range b6 West of the 6th P.M. , -Weld County, Colorado. -We own real property directly to the south of the proposed opera- tions. This letter is to express our concern regarding C & M' s Application and to request that such -Application be denied. Since the new city _golf course will be constructed directly to the east of our property, -there is great potential for future residential development on our property. The proposed operation to mine sand and gravel would detract from the value and the potential use of our properties by causing heavy truck traffic, noise from the operations, dust and a detrimental view due, in particular, to the mud ponds. Finally, the proposed reclamation plan is not compatible with any future residential use and we do not want to see the proposed private storage flats becoming mud ponds in the spring and summer. Therefore, if the Application is not -denied, then we request that severe restrictions be imposed on these opera- tions in order to -protect our properties against these detrimental factors and that a plan be developed which is more in line with that required in residential areas. Very truly yours, la Id emit td5edernr � � _Donal d A. Wiedeman 1. I �`__ i ;unto f". .A... rn ";vnmarr3 SCC2ZB LAND-USE APPLICATION SUMMARY SHEET November 28, 1989 CAS-E NUMBER USR-897 NAME: C & M Companies REQUEST: Site Specific Development and a Special Review Permit for a gravel mining operation and concrete and asphalt batch plants LEGAL DESCRIPTION: Part of Section 32 and part of the Wi of Section 33, all in T6N, R66W of the 6th E.M. , Weld _County, Colorado LOCATION: Approximately .25 miles north of the City of Greeley; south and adjacent to Weld County Road 64 and east of and adjacent to -Weld County Road 27 POSSIBLE ISSUES SUMMARIZED -FROM-APPLICATION MATERIALS: The criteria for review and approval is listed in Section 14.3, 44.4, and 44.5 of the Weld _County Zoning Ordinance. Specific recommendations have been received from the County Engineering Department, Western area -Power Administration, Division of Wildlife, Weld County Health Department, U.S. Army Corps of Engineers, Central Colorado Water Conservancy District, Soil Conservation Service, Greeley Irrigation Company, and the Colorado Oil and Gas Conservation Commission. The 71st Avenue truck haul route south to U.S. Highway 34 Susiness as proposed may be an issue. This road is a primary access road to 2.B. Acres, a residential subdivision and the proposed golf course and future residential development within the City of Greeley. The 'neighborhood may request the truck haul route on 71st Avenue be routed north from the 71st Avenue access to Weld County Road 64, end then westto 83rd Avenue, and then south to U.S. -Highway 34 Business. The Division of Wildlife has raised concerns about an excessive loss of riparian habitat and a warm water slough. A condition -of approval will address this concern. Other issues about noise, dust, and water may be raised. The City of Greeley Planning Commission has a meeting scheduled on November 28 to review this case. The Department of Planning Services has received t-wo inquires Iron surrounding property owners and a -letter raising concerns about =this proposal. 900223 ) —. �.ra• •.. , ;-L r. r` x!, i . 4. .(... i • •�_�. a• • a4."`� a ;1, _. : �a-- - - '--- -- aa- jA•_'-=c.,.� xi. • -- . ••••f •-s, __,-,- • I- - r: ° •014.011• • • • i ' : , n ao a• • a• I ..v .. -• : • _ .f ••• •- • '!J •• !••r\ '� ii iii. •..'ware,. : •` . • •ucw.r 1 f a: a= *n en", • �S rIAn •ro0 n Q ., . .w. •�—>f • �.J•a ,; • - - - — . • is— ` ~i :f•4.. 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I �.Tr ' � YF �.�' .. �' JI.. r i 1 + FIELD CHECK FILING NUMBER: USR-897 DATE OF INSPECTION: November 6, 1989 NAME: C 6 M Companies REQUEST: Site Specific Development and a Special Review Permit for a gravel mining operation and concrete and asphalt batch plants LEGAL DESCRIPTION: Part of Section 32 and part of the Wi of Section 33, all in T6N, R66W of the 6th P.M., Weld County, Colorado LOCATION: Approximately .25 miles north of the City of Greeley; south and adjacent to Weld County Road 64 and east of and adjacent to Weld County Road 27 LAND USE: N Weld County Road 64, four single family homes, agricultural production E Weld County Road 29 (North 71st Avenue) , six single family homes, agricultural production S Cache la Poudre River, Greeley Ditch #3, agricultural production, golf course construction, one single family home W Weld County Road 27, two single family homes, agricultural production ZONING: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: The gravel mining operation is divided into four phases. Access to Phase 1 and 2 is proposed from Weld County Road 29. Weld County Road 29 is a gravel road with a local classification and a 60 foot right-of-way. Phase 1 and 2 are currently used for agricultural production. The proposed haul route is Weld County Road 29, north to Weld County Road 64 or south to U.S. Highway 34 Business. The southern haul route runs by J.B. Acres. J.B. Acres is a 22 lot residential subdivision. There are two bridges on this haul route. The Greeley Ditch #3 forms the southern boundary and the Poudre River forms the northern boundary of Phase 1. 900223 Field Check C 6 M Companies USR-897 Page 2 Access to phase 3 and 4 is proposed from Weld County Road 27. Weld County Road 27 is a gravel road With a local classification and a 60 foot right-of-way. A portion of Phase 4 is in agricultural production. Phase 3 contains wetland, pasture, and oil and gas production facilities. Four transmission towers are located diagonally across Phases 3 and 4. The proposed haul route for Phase 3 and 4 is Weld County Road 27, north to Weld County Road 64 and south to D.S. Highway 34 Business. There is one bridge on this haul route. The Poudre River is the southern boundary for phase 3. Bq:�d ��GC��7� Allison Principal Planner 900223 REFERRAL LIST NAME: C 6 M Companies CASE NUMBER: USR-897 REFERRALS SENT: November 3, 1989 REFERRALS TO BE RECEIVED BY: November 17, 1989 COUNTY TOWNS and CITIES Attorney _Ault \X Health Department _Brighton Extension Service _Dacono Emergency Management Office _Eaton Sheriff's Office Erie ',X Engineering r_Evans Housing Authority Firestone Airport Authority _Fort Lupton +Building Inspection Frederick Garden City STATE �Gilcrest X Division of Water Resources X Greeley Geological Survey Grover N X Division of Wildlife Hudson _Highway Department _Johnstown Historical Society Keenesburg X Water Conservation Board _Kersey V X Oil and Gas Conservation Commission _La Salle Lochbuie FIRE DISTRICTS _Longmont _Ault F-1 Mead Berthoud F-2 Milliken �Brightou F-3 New Raymer _Dacono F-19 _Nunn _Eaton F-4 _Platteville Fort Lupton F-5 Severance �Galeton F-6 X Windsor _Hudson F-7 _Johnstown F-8 COUNTIES La Salle F-9 Adams Longmont F-10 !_Boulder ----Milliken F-11 ___Larimer _Nunn F-12 Pawnee _Platteville F-13 FEDERAL GOVERNMENT AGENCIES _Platte Valley F-14 NaLUS Army Corp of Engineers Poudre Valley F-15 _USDA-APHIS Veterinary Service _Raymer _Federal Aviation Administration Southeast Weld F-16 _Federal Communication Commission XWindsor/Severance F-17 Wiggins F-18 X Western Hills F-20 SOIL CONSERVATION DISTRICTS _Brighton OTHER Fort Collins V X Central Colo. Water Conservancy Dist. V X Greeley X Greeley Irrigation Company Longmont c/o Ms. Donna Coble _West Adams P.O. Box 449 Greeley, CO 80632 COMMISSION/BOARD MEMBER X Jerry Kiefer 900223 STATE OF COLORADO Roy Romer, Governor REFER TO: DEPARTMENT OF NATURAL RESOURCES LOLORAOa DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER 3 ' Perry D. Olson, Director f "' 6060 Broadway °N OF v'.‘ Denver, Colorado 80216 Telephone:(303)297-1192 Larry Rogstad, District Wildlife Manager November 21, 1989 1528 28 th ave. ct. Greeley, Colorado 80631 352-21113 Rod Allison, Current Planner J J/ " Weld County Planning Services I •F .�. 915 1Oth street t „ui 2 7 1969 Greeley, Colorado 8C631 Li Re: O&M Companies WW Farm Pit Application Weal Co. Plow i:091Immo, Dear Rod The Division of Wildlife has reviewed the application for Use by Special Review Permit for the proposed WW Farm pit. As the local officer in the area I have been on the property many times for various purposes. I have also taken Mr. Don Bogart, Habitat Biologist for the Division of Wildlife N.R. Region, on an in- spection of the property. The Division would make the following comments on the application: The Division agrees, that with proper reclamation, mining of areas one and two on this parcel may improve fisheries and/or wildlife value for the property. Use of irregular shorelines, and islands placed in the ponds will provide resting/nesting habitat for shorebirds, waterfowl and upland game. Irregular contours in the pond bottoms will increase fish productivity. Placement of artificial reefs prior to refilling ponds would increase fishery quality even more. Gravel mining with subsequent pond creation in areas three and four will have a neg- ative impact on local wildlife populations. Therefore, the Division strongly dis- agrees with the statement in section 6.3a of the application. Currently, this portion of the property is covered by an extensive cattail marsh, shallow pond area, and an associated marshland dominated by a variety of phreato- phytes. This riparian area of over 60 acres (estimated) also includes a warm water slough. There is also an irrigated fiel*n the northeast corner of area four. The warm water slough does not freeze, and provides a resting place for over 2,000 ducks during the winter months. The wetlands on the bottom have been left relatively undisturbed in the past. Therefore, there is a rich diversity in the plant commun- ity with a great deal of interspersion. The close association with adjacent crop land increases edge effect, and consequently the value for wildlife. In essence, the marshlands in areas three and four should be considered a climax riparian plant community, the most valuable habitat type for wildlife in Colorado. This extensive wetland provides an extremely rich variety of food, shelter, resting and nesting space for a great many invertebrate and vertebrate species, including: ducks, shore- birds, herons and egrets, raptors, upland game, deer, furbearers, misc. small mammals, misc. reptiles and amphibians and fish. DEPARTMENT OF NATURAL RESOURCES, Hamlet J. Barry, Executive Director WILDLIFE COMMISSION, George VanDenBerg, Chairman • Robert L Freidenberger, Vice Chairman • William R. Hegberg, Secretary Eldon W.Cooper, Member • Rebecca L. Frank, Member • Dennis Luttrell, Member • Gene B. Peterson, Member • Larry M. Wright, Member 900223 _Gravel mining in this area would result in the total loss of this very productive wetland. -It would be replaced by a series of ponds. Altering the flow D£ the warm water slough would, most probably, result in its loss. _Open water would no longer be available to waterfowl in this area. Large ponds do not provide nesting/resting shelter for wildlife to any extent. Even under the best of conditions, reclamation takes years to restablish climax communities. Therfore, the result of mining on this portion of the property would be serious and negative to the wildlife resource. 'The City Of Greeley is expanding to the west. The area around the WW farm is an important use area for hunting and other recreational activities. Careful con- aideration should be given to current and suture land uses in this part of the County. In the Weld County Comprehensive Plan of 1987 under Environmental Quality and Natur- al Resource Policy #6 it states: that development which requires excessive removal of riparian vegetation shall be -discouraged to protect waterfowl areas. 'The Division of Wildlife feels that gravelling in areas three and four would involve excessive loss of riparian vegetation, and a subsequent loss to geld Counties valuable wildlife resource. Therefore the Division cannot endorse this application. 3f mining activities are permitted ib areas three and four additional measures should be implemented in the reclamation plan in an attempt to restablish as much riparian edge as possible, as much protective cover/ nesting cover/ resting space as possible, and to maintain a warm water area for wintering waterfowl. Additional measures should be explored for developing warm water fishery potential in the ponds. I would be happy to discuss any questions the planning staff might have concerning this letter. I would also be willing to work with the developer in any way pos- sible to make this project work for them as well as the wildlife resource. I will be available to testify at the Planning Commission Meeting on this application if you will notify me of the date. -Sincerely yours, Larry Rogstad 900223 r:= en DEPARTMENT OF THE ARMY •! a OMAHA DISTRICT. CORPS OP ENGINEERS ,,,�} S -ROCKY MOUNTAIN AREA w 2540 S. CIRCLE DR.. NORTH BLDG. SUITE GL TO t'�rtt ,r COLORADO SPRINGS. COLORADO 5050e•4155 REPLY TO ATTENTION OP November 14, 1989 -Platte River Resident Office 0ILe''i"'"'11 of, a i; .0V 1 6 1°Eg , �II is y Rod Allison Department of Planning Services eid C!. Pl1mint i;nmmIssicit 915 10th Street Greeley, Colorado 80631 Dear Mr. Allison: Reference is made to Case No. USR-897. I have been notified of this project by Gary Tuttle of Tuttle Applegate Rindahl, Inc. and have identified wetlands at this site. Please see attached September 19, 1989 from Mr. Applegate. Mr. Applegate realizes the Corps of Engineers involvement concerning this activity pursuant to Section 404 of the Clean Water Act and future correspondence from Mr. Applegate is expected. If you have any questions concerning this matter, please feel free to contact this office or me at 303/979-4120 or 4121. Sincerely, .\\k\CAci212d Terry McKee Environmental Resource Specialist cf: Permit Files Omaha Permits Branch Attach S00223 TUTTLE APPLEGATE RINDAHL, INC. Consultants for Land and Resource Development September 19, 1989 -Mr. Terry McKee Corps of Engineers Department of the Army 9300 Colorado State Highway 75 Littleton, CO 80123-6901 Dear Terry: I appreciate the time you took to inspect our W. W. Farm site in Greeley and our Platte Valley Pit site in Brighton for future mining operations. With this letter you will find a map of the W. W. Farm property where I have located the wetlands which you identified. The other map with this letter is our mining plan. We have revised the limits of mining and four areas in order to preserve more of the wetland areas next to the river. Also you will note we have moved the processing plant to the south and west so it is not conflicting with any wetlands. The property will be mined as a dry pit. As water is encountered during the excavation it will be immediately pumped out and discharged into the river. After mining of each phase is complete, our plan is to seal the sides of the pit with a clay overburden material . In this way the pits can be used for water storage . Also any reclamation overburden and topsoiling will be installed while the pit is in a dry state. In order to confirm the pits are sealed and groundwater does not leak into them, the State Engineer requires that the pits remain 'dry for a period of one year. At that time the pits will be sold or leased to water interests who are in need of storage. It is my understanding that the Corps of Engineers will take �� jurisdiction over the lake as waters of the United States when the pit is filled with water. At that time a normal high water -mark can be established. 900223 11QQIA IIraet.. C root Cnita A1f __tlen.rn.- r•nlnraAn ROIIfl Aio-CC11 TUTTLE APPLEGATE RINDAHL, INC. Consultants for Land and Resource Development Mr. Terry McKee Corps of Engineers Department of the Army September 19 , 1989 page 2 In addition, you will note that in the first phase processing plant area we will have an access road coming down from the north . This road will cross a narrow wetland area. This access road is a temporary mining haul road. The amount of fill needed to construct this road in the wetland area will amount to less than 200 cubic yards. In addition we will lay a culvert in order to convey any water flows between the wetlands. It is our understanding that temporary mining haul roads do not require a permit if they fall within the scope of Section 323. 5 [6 ] . Also you will note that a conveyor belt will cross the river. This conveyor will transport raw mining material from the east side of the river to the processing plant on the west side . Conveyor sections are normally constructed in 100 foot long pieces . With the river being about 50 feet wide here , no supports will be needed within the normal high water mark of the river. We will probably require about six separate supports in order to hold up the conveyor belt. These supports will be on areas designated as wetlands. The conveyor supports will be stacked railroad ties, therefore , no fill will be required. We would appreciate receiving a letter from you commenting on the mining plan and whether or not it falls within the jurisdiction of the Section 404 regulations . Please call me if you have questions . Cordially, -TUTTLE APPLEGATE, INC. $60..J Gar ( J. Tuttle GJT/cr Encs . cc: Tile #89-131 Sob Allen, C & M Companies 900223 CC C central colorado water conservancy district 32' . ;;pest 23tn Street Gr3&ey, o;:r 3.531 (303) 330 40!330 1 • Metro 13031 325-+0 November 27, 1989 Mr. Rod Allison Weld County Planning Department 1000 — 10th Street Greeley, CO 80631 Dear Mr. Allison: I am writing regarding Case #897, C & M Companies - gravel pit application. Central is working with the applicant on an agreement to prevent injury to our battery of wells within the mining site. I request that the plat not be recorded until an agreement is reached between C & M and Central. Thank you for your consideration. Sincerely, Tom Cech Executive Director TVC/sm I`y ;N0V 2 7 1989 J 4 - Weld M. Nawm; 4aatuissiea 900223 STATE OF COLORADO OIL .+ND GAS CONSERVATION COMrriISSION DEPARTMENT OF NATURAL RESOURCES SUITE 380 LOGAN TOWER BUILDING WILLIAM R. SMITH 1580 LOGAN STREET Director DENVER, COLORADO 80203 DENNIS R. BICKNELL ROY ROMER Deputy Director (303) 894-2100 Governor November 8, 1989 Department of Planning Services 915 10th Street Greeley, CO 80631 Re: Application for Mining USR #897/ Reqular (112) Mined Land Reclamation Permit Sec 32,33-T6N-R66W This letter is in regards to your request to review and comment on C & M Companies and the mining operation within the agricultural zoned area. I have reviewed the application and do not find any conflicts with the plans presented. It is my understanding that the oil and gas operator in section 33-6N-66W has not had any problems with the gravel operations around their wells. This office does support a buffer zone around each wellhead to allow tanker and well workover operations to continue. This buffer zone should be negotiated between C & C Companies and Snyder Oil since future workovers may require more than 100 feet to allow safe equipment operations (refracs) . Future drilling in this area, should it occur, will have to comply with our safety rules, specifically: Rule 603 (a) Wells shall be located a distance of 150 feet or one and one-half times the derrick, whichever is greater , from any occupied building, public road, or major above ground utility line or railroad. Rule 604 (a) (3) Tanks shall be a minimum of 200 feet from the residences, normally occupied buildings, or well defined normally occupied outside area. Rule 604 (b) (5) Fired vessel, heater treater, shall be a minimum of 200 feet from residences, occupied buildings, or well defined normally occupied outside area. If I can be of any further assistance I may be reached at 894-2100 . Yours truly, --- - - :. _. G },‘.?" i t I Step an Pott It C-0 IILi Sr. Professional Engineer _ ,t ;• fo!d Co. !"ulme oe1;nmlzlc:, 900223 xc: Snyder Oil Co. f1/62 mEmORAfiDum tErt 1.4 lk Weld County Planning November 22, 1989 To Date / COLORADO From Environmental Protection Services L(/'/%1 ] 4 Case Number: USR-897 Name: C. & M. Company Subject: Environmental Protection Services has reviewed this proposal and recommends for approval, subject to the following conditions: 1. Waste oil, anti-freeze, and other associated liquid and solid wastes, shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. Required Emissions Permit is obtained from the Air Pollution Control Division, Colorado Department of Health for fugitive dust and emissions. 3. No permanent disposal of wastes shall be permitted at this site. 4. All rock, gravel and topsoil materials shall be handled, stored, and transported in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 5. Fugitive dust must be confined on this site. 6. A dust abatement plan shall be developed by the facility to control road dust associated with the facility. Equipment to control dust shall be available at all times. The facility shall institute dust abatement at the request of the Weld County Health Department when it is determined that fugitive dust is a problem at the facility. 7. Required NPDES Permit shall be obtained from the Water Quality Control Division of the Colorado Department of Health, and/or amended if appropriate for the increased operation. 8. Maximum permissible noise level shall not exceed the industrial limit of 80db(A) , as measured according to 25-12-102, Colorado Revised Statues. 9. An individual sewage disposal system, or vault, is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. - U 1 I , WP317/cs 1j', 1 ? 7 15 7 JI 900223 .- - Department of Energy Western Area Power Administration {\ Loveland Area Office +"y � P.O. Box 3700 Loveland, CO�80�539 N0V 8 a9 r 4 y f ��. ii 5V 9 1 Mr. Rod Allison i 1989 Principal Planner Weld County Department of Planning Services ;rElli Cs. plan""'* L'xamitia 915 10th Street Greeley, CO 80631 Dear Mr. Allison: This letter is pursuant to our telecon of November 6, 1989, concerning the proposed gravel pit application by C & M Companies under the Western Area Power Administration (Western) Ault-Weld Double Circuit 230-kV Transmission Line in the NW1/4 Section 32, T.6N. , R.66W. , Weld County, Colorado. We have met with Gary Tuttle of Tuttle Applegate Rindahl , Inc. , consultants, about this matter. At that time, we discussed issuing a license to C & M Companies for their gravel extraction under Western's transmission line. However, we have further reviewed the effects on Western's access to the structures and propose that the underlying landowner(s) grant the United States access road easements over the new routes in order to preserve con- tinuous adequate access to these structures. Western's counsel is presently preparing easements for that purpose. Essentially, we concur in the proposal of the 100-foot-radius islands around Western's structures--as long as continuous adequate access is provided at all times and easements for the new access roads are granted to the United States prior to altering the present access. If you have further questions, please call me at 490-7236. Sincerely, Dave R. Griffith Director, Division of Land cc: Mr. Gary Tuttle Tuttle Applegate Rindahl , Inc. Suite 410 11990 Grant Street Denver, CO 80233 900223 GREELEY IRRIGATION CO. IR5C}ltx tk}&xx P.O. Box 449 Greeley, 80632 November 17 , 1989 Department of Planning Services 915 10th Street Greeley, Colorado 80631 Re : Case number USR-897 Gentlemen : With regard to the above referral , Greeley Irrigation Company is quite concerned about protecting its water rights and insuring that water is not lost to the gravel pit. The problems have been discussed with Gary Tuttle of Tuttle Applegate Rindahl , Inc. , consultants for C 6 M Companies , who has expressed a willingness to work with the Greeley Irrigation Company. Greeley Irrigation Company requests that its stockholders be protected from any loss of water and that approval of C 6 M Companies' plan not be granted until an agreement has been reached between Greeley Irrigation Company and C 6 M Companies. Yours very truly, Donna L. Coble Secretary 300223 'or Y1EfORAflDUfn ilk Rod Allison, Planning November 6, 1989 To Date Donald Carroll, Administrative Manager COLORADO From C & M Companies, USR-897 Subj.ct: Item No. 14, Traffic Plan - The operator will execute a Road Improvements and Maintenance Agreement with the County Commissioners for 71st Avenue (WCR 29), 83rd Avenue (WCR 27), and Weld County Road 64. The haul route is to be worked out with the County Engineer before approval. iCi) Y5 , Nov 8 199 c5L_ tC/mw:prc&m Weld Ca. Planmm womm,uaw icc: Commissioner Lacy Planning Referral - C & M Companies, USR-897 900223 UNITED STATES 4302 West 9th Street Road DEPARTMENT OF Soil Conservation Service Greeley, Colorado 80634 AGRICULTURE Greeley Field Office (303) 356-6506 November 13, 1989 [3 14 �,-i : ' f VE I"l f i oo4J1 0 +059 -Milton Baumgartner, Pres. L L ___ _� —)J -West Greeley Soil Conservation District �� d �� 4302 W. 9th Street Road o;. ._. Planning Cnmmissior _Greeley, CO 80632 Weld County Case Number: USR-897 Dear Mr. -Baumgartner: I have reviewed Weld County Planning Services referral for C & M -Companies #or a site Specific Development Plan and a Special Review Permit for a gravel mining operation and concrete and asphalt batch plants. The parcel of land is described as part of Section 32 and part of the W 1/2 of Section 33, all in -T6N, R66W, Weld County, Colorado. The site plan calls for mining and reclamation in phases over the life of the project. Plans are to leave a majority of the site in open water area with water edge sloping of 3:1 to 10• below water level with 2:1 slopes for remainder. If at all possible I would recommend 4:1 slopes as these are more stable and provide much easier access by wildlife. Also, if possible, leave areas of small islands to provide more safe shore area for waterfowl. This would only be if mining were uneconomical in an area or if mining is suspended for some reason. Other than the above comments, I can find no conflicts with the District interest. Sincerely, Q-:-3-cee-da- --2 Ronald D. Miller -District Conservationist -Greeley Field Office RDM/gg 900223 Page - 1 P61-) z DEPARTMENT OF PLANNING SERVICES `. 7�1 r-�, PHONE(303)358-4000,EXT.4400 I I(I I rir _ _• :4 X15 loth STREET IIL �:.+ -1� TaREELEY,COLORADO 80631 CLi_ e icg.c :IL Ne;O ell. 'I u+,iie L,ru,;. ,: CASE NUMBER USR-897 COLORADO November 3, 1989 TO WHOM IT MAY CONCERN: Enclosed is an application from C & M Companies for a Site Specific Development Plan and a Special Review Permit for a gravel mining operation and concrete and asphalt batch plants. The parcel of land is described as part of Section 32 and part of the WI of Section 33, all in 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 approximately .25 miles north o₹ the City of Greeley; south and adjacent to Weld County Road 64 and east and adjacent to Weld County Road 27. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be Appreciated. Tour prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by November 17, 1989, so that we may give full consideration to your recommendation. Please call Rod Allison, Principal Planner, if you have any questions about the application. • Check the appropriate lboxes 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. 1. 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. A. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. q/ Signs f/ 6.(-. 44..,,T....) �J Agency: �Q-u0.-» ey // Date: ///2-04,99 s00223 November 23, 1989 r l�l�r'ilt i!/�c Li Weld County Department of Planning tr27190)915 10th Street - Room 342 Greeley, CO 80631 td Co. Mama; litsu you Dear Planning Commission and Weld Co . Staff, please consider this list of concerns regarding the W.W. Farm gravel mining permit applied for by the C&M Company of Niwot Colorado . I am a property owner adjacent to the proposed site, our address is 13276 WCR #64, Greeley, Colorado 80631 . My concerns are as follows : 1 . Noise and dust issues created by mining, plant operations, and truck traffic have not been fully addressed . 2 . Visual impacts to the neighborhood have not been addressed . 3 . Traffic safety issues involving some 80 truck trips per day need to be fully addressed . These include intersection safety, accel and decel turning lanes on Co . Rd. #64 . 4 . Ground water issues have not been addressed by the engineers . Fluctuation in ground water levels will effect my water well and ground water near my basement as well as those of other area homes. 5 . Impacts of the location of the processing plants and the mining operations too close to area homes . Including proposed stockpiling of materials and placement of these materials . I am asking you to not grant this permit until these questions and related issues are fully addressed, placed in writing as conditions of the permit . In any case, I am opposed to any mining within 500 ft . of my home at this time . I am opposed to 80 truck trips daily and including weekends, passing by my home . I have seen nothing in the plans that calls for fencing, berming and other necessary landscaping buffers . This plan needs a great deal more work . Please help us resolve these important issues . We have families and livestock dependent on your sound judgments . Thank you for your consideration in this important matter . 200223 -Sincerely yours,; ✓;14,4„ /y. 6 Milliam A. Hange, Jr . � • Rene ' L. Hange Property Owners 900223 DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 ' 91510th STREET REELEY,COLORADO 80631 C. COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, December 5, 1989, at 1 :30 p.m. for the purpose of considering a Site _Specific Development Plan and a Special Review Permit for the property -described below. Approval of the request may create a vested property right pursuant to Colorado Law. APPLICANT: C 6 M Companies LEGAL DESCRIPTION: Part of Section 32 and part of the W} of Section 33, all in T6N, R66W of the 6th P.M., Weld County, Colorado TYPE AND INTENSITY OF PROPOSED USE: A gravel mining operation and _concrete and asphalt batch plants LOCATION: Approximately .25 miles north of the City of Greeley; south and adjacent to Weld County Road 64 and east and adjacent to Weld County Road 27 SIZE: 362 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 an December 5, 1989. 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. Ernie Ross, Chairman Weld County Planning Commission To be published in the New News To be publis o. : 1) by November 16, 1989 Received y• Date: 300223 cfcti DEPARTMENT OF PLANNING SERVICES � PHONE(303)356-4000,EXT.4400 II ID C. 81510th STREET GREELEY,COLORADO 60631 COLORADO November 3, 1989 Mr. Gary Tuttle Tuttle Applegate, Inc. 11990 Grant Street, Suite 410 Denver, CO 80233 Subject: USR-897 - Request for a Site Specific Development Plan and a Special Review Permit for a gravel mining operation and concrete and asphalt batch plants on a parcel of land described as part of Section 32 and part of the WI of Section 33, all in T6N, R66W of the 6th P.M. , Weld County, Colorado Dear Gary: 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 on Tuesday, December 5, 1989, 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 pinning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to both the Greeley and Windsor Planning Commissions for review and comments. Please call Greg Fleebe, City of Greeley Planning Department at 350-9782 and Janet Lathrop, City of Windsor at 686-7476 for further details regarding the dates, times, and places of the meetings. It is recommended that you and/or a representative be in attendance at both Planning Commission Meetings to answer any questions the Commission members may have with respect to your application. 9CG223 _1r. Gary Tuttle _November 3, 1989 page 2 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 November 22, 1989, you or a representative should call me to obtain a sign to be posted on the site no later than November 26, 1989. -The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. It is the responsibility of the applicant to call the Department of Planning Services' office a few days before the date of the Planning Commission hearing to obtain that recommendation. If you have any questions concerning this matter, please feel free to call me. -tespectfuliy, fia -Rod Allison Principal Planner RA:rg 9®0223 oe co<o 4e1 Y�y ROY ROMER H� JERIS A. DANIELSON Governor tition. State Engineer 41876 *" OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 November 29, 1989 Mr. Rod Allison Weld County Planning Department 915 10th Street Greeley, CO 80631 12e: C & M Companies - WW Farm Pit URS-897 Sec. 32 & 33 , T6N, R66W, 6TH PM Dear Mr. Allison: We have reviewed the above referenced proposal to allow a gravel mining operation on a 362 acre tract. Four storage pits with a depth up to 23 feet, will be created in the mining operation having a surface area of 180 acres. The proposal includes lining the excavated pits with clay to prevent infiltration of ground water. Anticipated production will vary between 150, 000 and 300, 000 tons per year. Although the water table is within 5 feet of the surface, the applicant proposes to mine in the dry by first dewatering the pit areas. Consumptive uses of water identified by the applicant will include dust suppression and water carried off in the gravel product. An estimate of 68 pounds of water loss per ton of gravel is presented. Our experience indicates actual water loss will be greater. Adequate documentation of water use and loss will be required. The parcel under consideration is located adjacent to the Cache La Poudre River, an over appropriated river. A well permit will be required for the dewatering wells. A plan for augmentation or temporary substitute water supply plan for all the consumptive uses must also be obtained prior to commencement of this operation. We also recommend a system of monitoring wells be established to confirm the impact of this operation on nearby ground water users. r' DEC 71989 Weld CO. Plain int toaImissIo 900223 Mr. Rod Allison November 29, 1989 Page 2 Based on the information submitted we recommend that this proposal be held in abeyance until the water issues discussed above have been resolved. Si cerelyg IJ. ""-r-- Hal D. Simpson, P.E. Deputy State Engineer JRH/JTS cc: Alan Berryman, Division Engineer Bruce DeBrine 3U0223 'concrete net C & M COMPANIES WW FARM PIT APPLICATION FOR A MINING USE BY SPECIAL REVIEW PERMIT WELD COUNTY, COLORADO AUGUST 1989 TUTTLE APPLEGATE , INC Consultants for Land and Resource Development 900223 WELD COUNTY, COLORADO USE BY SPECIAL REVIEW APPLICATION for MINING PERMIT Weld County Department of Planning Services, 915 10th Street, Greeley, Colorado, Phone 356-4000, Extension 4400 For Department of Planning Services Use Only Case Number: Date Application Received: PC Hearing Date: Section: , Township: North, Range: West Zoning District: Recording Fee: Permit Fee: Recording Fee Receipt If: Receipt Number: Application Reviewed By: To be completed by APPLICANT in accordance with procedural guide Requirements: 1. I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission concerning a proposed w w Farm pi (gravel, coal, borrowpit, etc.) mining operation for the following described unincorporated area of Weld County: LEGAL DESCRIPTION See attached legal description TOTAL ACREAGE: 362 2. Surface owner(s) of area of land described g 5q4 Name:CR.M Companies Address:Box 490 :Niwof?CO4 Phone: 443-1099 Name:Edd Orr Address: 801 8th#230 :GreelP hone: 80631 3. Owner(s) of mineral rights to substance to be mined Name: (`kM ('ompanies Address: ,same Phone: Name: FAA orr Address: Same Phone: 4. Source of applicants' legal right to enter and to mine on the land described: Fee simple ownership and mineral lease (Attached certified copy of any document noted to the back of this form) 5. Address of applicant and general office Applicants address: Box 490 ;Niwot,CO 80544 Phone: 443-1099 General Office address: Phone: 6. Identify any prior permits for mining held by applicant or affiliated person: Distell Farms — USR 877 Williams Site - USR 886 900223 7. Description of Operation a. Types and number of operating an processing equipment to be employed: scraper (1) , front end loader (2) , conveyor (several) stacker conveyor (4) , crusher (1) , screen (1) , concrete batch plant (1) , asphalt batch plant ( 1) b. Maximum number of employees: 6 , and number of shifts: 1 c. Number of stages to be worked: 4 , and periods of time each is to be worked: varies between 4 to 8 years d. Thickness of mineral deposit: 10 feet , and thickness of the overburden: 3-11 feet e. This will be axyey4jdry pit operation. Dewatered operation f. Site entrance/exit points and county roads and bridges to be utilized between site and delivery point(s) (must be coordinated with County Engineer) : Initial — onto N. 71st Avenue then south to Bus 34 or north to Weld County Road 64 . Secondly - onto N 83rd Avenue then south to Business 34 or north to Wel d County Road 64 . 8. Description of Rehabilitation a. Proposed rehabilitation land use(s) : water stnrage recprvnir b. Source of technical advice for reclamation: qni 1 rnncprwai-i on Cprvinc llivicinn of wildlife and Tattle AppinrJate Line. c. Explanation of Reclamation Process: sealing of side clones with compacted r1ay/slverhnrden . 3 : 1 and 7 : 1 sloping with over- burden, tnpcni1 replarement and revegatat inn 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 Boulder STATE OF Colorado 'PIQUA.* CA1U-4./— ; Ot CA— Signature: Owner/Authorized Agent Subscribed and sworn to before me this day of a , 19 6J \ � SEAL• 1. 1, Vv (-NO ARY PUBLIC iffy Commission expires C3/S/23 • .. - - 900223 EXHIBIT A LEGAL DESCRIPTION NORTH AND WEST OF THE CACHE LA POUDRE RIVER All that part of the N1/2 and the N1/2 of the S1/2 of Section 32 , Township 6 North, Range 66 West of the 6th P . M. lying North of the Cache La Poudre River and West of the following described line : COMMENCING at the Northeast corner of said Section 32 and considering the North line of said Section 32 to bear N90' 00 ' 00"W and with all other bearings described herein being relative thereto; thence N90' 00 ' 00"W along the North line of said Section 32 , a distance of 1 , 918 . 10 feet to the TRUE POINT OF BEGINNING; thence 500' 45 ' 07"E, 1 , 140 .00 feet, more or less to the existing center of the Cache La Poudre River and the terminus of the line; EXCEPT that parcel of land as conveyed to Roxena Von Trotha by Warranty Deed dated November 18, 1965 and recorded November 24 , 1965 in Book 554 as Reception No. 1476288, Weld County Records, EXCEPT that parcel of land as conveyed to D and E Investment Company by Quit Claim Deed dated November 27 , 1974 and recorded November 29, 1974 in Book 727 as Reception No. 1649367 , Weld County Records . EXCEPT that parcel of land conveyed to Weld County, Colorado, a Body Corporate and Politic in Warranty Deed recorded June 12 , 1980 in Book 905 as Reception No. 1827326 , described as follows : A tract of land in the W1/2 of Section 32 , Township 6 North, Range 66 West of the 6th P.M. , Weld County, Colorado, and being more particularly described as follows: BEGINNING at the Northwest corner of Section 32 and running along the West line of Section 32 50'00 ' 19"W, 2 , 249 feet more or less to the • center of the Cache La Poudre River; thence S71 ' 00 ' 00"E along the center of the Cache La Poudre River 31 . 73 feet to the East right-of-way line of Weld County Road 27 to the POINT OF BEGINNING; thence S71 ' E along the center of the Cache La Poudre River 8 . 85 feet to a point; thence N0' 45 ' 56"W, 622 . 93 feet to a point on the East right-of-way line of Weld County Road 27; thence along the East right-of-way line of Weld County Road 27 , S0'00 ' 19"W, 619 . 99 feet to the TRUE POINT OF BEGINNING. 900223 EXHIBIT A LEGAL DESCRIPTION SOUTH AND EAST OF THE CACHE LA POUDRE RIVER PARCEL 1 All that part of the S 1/2 SW 1/4 of Section 33 lying North and West of the County Road; that part of the NW 1/4 SW 1/4 of Section 33 lying North of the County Road South and West of the Cache La Poudre River; and all that part of the SW 1/4 NW 1/4 of Section 33 lying South and West of the Cache La Poudre River; and the NE 1/4 SE 1/4 of Section 32; and all that part of the SE 1/4 NE 1/4 of Section 32 lying South of the Cache La Poudre River. PARCEL 2 All that part of the NW 1/4 of the SE 1/4 of Section 32 lying South of the Cache La Poudre River and lying North of the Greeley No . 3 Canal, all in Township 6 North, Range 66 West of the 6th P.M. 900223 Y TUTTLE APPLEGATE RINDAHL, INC. Consultants for Land and Resource Development October 30, 1989 Weld County Department of Planning Services 915 Tenth Street Greeley, CO 80631 RE: W W Farm Pit, Use By Special Review for Mining Operation Dear Sir: On behalf of C & M Companies we are submitting to you a Use By Special Review application for a mining operation within the agricultural zone . The property is located west of Greeley along the Cache La Poudre River between 71st Avenue and 83rd Avenue . We are submitting 29 copies of all our submittal documents to you. 1 . With the review submittal, we included a completed application form and an application fee of $1 ,075 .00. One thousand dollars of the fee is for the Use By Special Review and the additional $75 .00 is for the Flood Hazard Development permit. 2 . Also you will find attached a MLRD Regular Operations permit application. This application will give you a detailed description of the method of the mining operation. 3. Attached you will find a list of the names, addresses, and the parcel identification numbers of all landowners within 500 feet of the subject property. 4 . Attached is a list of the names and addresses of mineral owners and lessees. 5 . Included with this application is a copy of the reclamation plans submitted to the Mined Land Reclamation Division. The water supplies for the mining operation will be from ditch rights held by the applicant. The water situation is more fully explained in Paragraph 13. 6 . The proposed mining operation is consistent with the Weld County Comprehensive Plan. The site is located within the urban growth boundaries and is a necessity to provide construction materials for the predicted growth in the County. This mining operation will recover commercially valuable resources prior to development in the area. 11990 Grant Street Suite 410 Denver, Colorado 80233 452=6_6.11_23 TUTTLE APPLEGATE RINDAHL, INC. r Consultants for Land and Resource Development Weld County Department of Planning Services October 30, 1989 Page 2 The mining operation is a responsible and environmentally sound approach to recovering the sand and gravel resources. In addition the after use of the property as a water storage reservoir will provide facilities for water districts and agricultural uses. 7 . The mining proposal is located within an agricultural district. Agricultural districts recognize mining as a special use which is consistent with other allowed agricultural uses. 8. The Greeley Field Office of the Soil Conservation Service has mapped the prime farmland on the property. Refer to the attached map. Approximately 15% of the land along the northern most boundary has been identified as prime farmland. Much of the entire property is quite wet and is often too muddy to plant in the spring. This remaining 85% of the site has poor topsoil as identified by the Soil Conservation Service. A location criteria for C & M Companies was to find a site which had limited impacts to prime farmland. With only 15% in prime farmland, this site meets that location criteria. 9 . The neighborhood and County residents are protected by the operation' s location and mining methods. Only six residences are located in the vicinity of the mining operation and a minimum distance of 200 feet has been maintained from these residences. Stockpiles of topsoil or overburden have been strategically placed, where possible, as a buffer. The remainder of the mining is set back 25 feet from property lines. These screening stockpiles will be seeded with a grass and are noted on Sheet 2 of 3, Mining Plan. the stockpiles are next to the house on Weld County Road 64 (Phase 4 ) and on the west side of North 71st Avenue (Phase 1 ) . I order to provide proper screening, the stockpiles will be six to ten feet tall and at least 20 feet wide . This berm can remain on place while mining is occurring in the vicinity. The main noise generator in any mining operation is the processing plant. The two plant sites have been located away from all residences at a minimum distance of 1 ,200 feet. Roads in the area are adequate to handle the truck traffic generated by the operation. The batch plants will comply with State noise standards for uses in agricultural zones. All equipment . will comply with air pollution and dust standards and be permitted. 900223 TUTTLE APPLEGATE RINDAHL, INC. Consultants for Land and Resource Development Weld County Department of Planning Services October 30, 1989 Page 3 10. The land surrounding the proposed mining operation is predominately agricultural. Western Area Power Administration towers bisect the western portion of the site . There are several oil and gas wells in the area. There are three homes located off the southeast corner of the property ( as mentioned in #9 above ) which may be impacted by the operation. One of these homes belongs to the landowner who has leased the Phase 1 mining property to C & M Companies . The other two homes are on the east side of North 71st Avenue . For these two homes overburden and topsoil can be stockpiled to screen the operation. There are several homes on the bluff above the river bottomland but these are screened by the trees and the slope of the bluff. The initial plant site is located within the interior of the property and will not negatively impact the homes. In addition, the mining operation will occur 15 to 20 feet inside the dry hole. This depressed mining operation can buffer any noise from equipment. In order to minimize the visual impact of the operation, the mining is divided into specific small scale phases. These phases will limit the amount of the disturbed ground to 27 acres at any one time . In addition, the reclamation will proceed concurrently with the mining. Immediately after the mining is completed in a particular section, the reclamation will begin. 11 . Being in the floodplain of the Poudre River, we expect future development to be of an agricultural and non-urban nature . Indeed, other adjacent properties along the river may be mined in the future. The City of Greeley has annexed property within 1/4 mile of this site . Their proposed uses are for a golf course and low density residential . Phase I is nearest to these proposed uses and will be mined first. The mining of Phase 1 will occur while the golf course is under construction. Mining will then move to the northwest on the other side of the river. 12 . The proposed operation is not located within a geologic hazard or the Weld County Airport overlay district. The operation is located in the floodplain as defined by the Federal Emergency Management Association and is shown on the Flood Insurance Rate Map. The operation has complied with Section 23 and 26 of the Weld County Zoning Ordinance by applying for a Flood Hazard Development Permit. 900223 TUTTLE APPLEGATE RINDAHL, INC. Consultants for Land and Resource Development Weld County Department of Planning Services -October 30, 1989 -Page 4 Stockpiles will be aligned in the same direction as the stream flow, therefore, minimizing the potential to increase the depth of backwater from the site . An application for a Floodplain Hazard Development permit is included with this Use By Special Review application. 13. The water rights on the W W Farm property include 30 shares of stock in the Jones Ditch Company and 5 shares of stock in the Whitney Ditch Company. The ditch decrees are summarized as follows: Adjudication Appropriation Amount Division I Date Date cfs Basin Rank Jones 4-11-82 9-01-67 15. 52 210 Whitney 4-11-82 9-01-62 48. 23 81 4-11-82 9-10-71 12 . 95 293 A review of the diversion records from 1951 through 1972 indicates that average annual and safe yields are : Average Safe ( 1954 ) Diversion Diversion Jones 3,658 AF 4, 756 AF Whitney 10, 877 AF 12 ,406 AF The Whitney Ditch Company also has 640 units of Colorado Big Thompson water, which are equally distributed among shareholders. The Whitney Ditch has 334 shares and the average annual yield is 32 . 6 acre-feet per share , or 163 acre-feet for five shares. There are 200 shares in the Jones Ditch Company (per augmentation plan) thus the average annual yield would be about 18 acre-feet per share, or 549 acre-feet for 30 shares. Thus, the total amount of water available on the W W Farm property is: Whitney 5 shares 163 AF Jones 30 shares 549 AF 712 AF Exhibit G in the MLRD application states that approximately six acre-feet per year is needed to cover water losses. 900223 1 TUTTLE APPLEGATE RINDAHL, INC. Consultants for Land and Resource Development Weld County Department of Planning Services October 30, 1989 Page 5 With the pit being sealed and separated from the groundwater, no augmentation is needed for groundwater evaporation. This sealed "bucket" can be sold or leased to municipalities, water districts, or ditch companies for water storage . 14 . Traffic Plan - The mining plan is divided into four (4 ) separate mining phases . The initial plant site will serve Phases 1 and 2 and the second plant site will serve Phases 3 and 4 . Initially C & M Companies expects the market for their products to develop slowly. Some of the rock may be shipped into the North Denver area while some will be marketed to local contractors and customers . Although not planned for, a concrete and/or asphalt plant could be set up here, especially on a temporary basis. Thus we expect Phases 1 and 2 to last until year five or year nine and produce approximately 150,000 tons per year. In these calculations for truck traffic we have assumed that all trucks will carry 25 tons of material , the working year contains 250 working days, and each working day contains 8 hours . At a production rate of 150,000 tons per year, Phases 1 and 2 will produce 25 loads per day, or 48 average daily trips, or 6 trips per hour. This material will enter on North 71st Avenue and either turn south to Business 34 or turn north to Weld County 64 . In Phases 3 and 4 of the operation, we expect the market to be much stronger. These mining phases could start in year number six and last until year number 20. A concrete and/or asphalt plant may also be located on the second plant site . During these years we expect to be producing 300,000 tons per year. This production rate will result in 48 truck loads per day, or 96 average daily trips, or 12 trips per hour. These trucks will enter North 83rd Avenue and either turn north for access onto Weld County Road 64 or turn south for access onto Business 34 . The operator will execute a Road Improvement and Maintenance Agreement with the County Commissioners for North 71st Avenue and North 83rs1 Avenue . 900223 TUTTlE APPLEGATE RINDAHL, INC. Consultants for Land and Resource Development Weld County Department of Planning Services October 30, 1989 Pane 6 15 . Exhibit 0 of the MLRD application contains documents showing that C & M Companies is the owner of the western portion of the property and also that C & M Companies has -a valid lease with the owner of the western portion of the property. If you need -any further information, or have any questions please do not hesitate to contact us. Cordially, TUTTLE APPLEGATE, INC. Gar J. Tuttle GJT/cr Encs. cc: Tile #89-131 900223 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE -Application No.Subject Property ksi l/VYN Pit STATE OF COLORADO ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, Addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property subject to the application. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the application submission date. 61J.Tom. The foregoing instrument was subscribed and sworn to before me this day CPc --c>b_ , 191i'6y WITNESS my hand and official seal . My Commission expires: O9I -0 `) .'O C Notary blic 900223 EXHIBIT C LANDOWNERS WITHIN 500 FEET VF PERMIT AREA NAME AND ADDRESS WELD COUNTY BARCEL _NUMBER 1 . William A. Flange , Jr. -08105 32 0 09 044 Rene ' 1,. Hanle 13276 Weld County Road 54 Greeley, CO 80631 2 . Clyde W. Feuer-stein 0805 29 0 09 923 Kathleen Feuerstein 9805 29 0 00 923 13771 Weld County Road 64 Greeley, tO 80631 3. Tollgate Farms, Inc. 9895 29 0 00 038 179 South Monroe Street Denver, CO 80209 4 . Albert Z. Alllison, Ur. 9805 29 0 00 939 Beverlee A. Allison 13165 Weld County Road 64 Greeley, CO 80631 5 . Richard W. Goetzel 9805 79 0 00 04-8 Mary Ann Goetze]. 13489 Weld County Road 66 Greeley, CO 80631 6 . Lester V. Goetzel 0805 29 0 90 049 Corabelle toetzel 13451 - Weld County Road 64 Greeley, CO 80631 7 . -Wilbert W. Firestien 4805 30 9 00 918 M. Ruth Firestien 30953 Weld County -Road 27 Greeley, Co 80631 8. Eighty-Third (S3rd) Joint Venture 4805 31 0 00 058 P. 0. Box 3178 Gzeeley, CO 80633 9 . Greeley Tech C-enter 4805 32 0 00 009 P. 0. Box 878 Greeley, tO 80632 10. Ed Orr and Susie Orr 0805 32 -0 00 010 t/-o Orr Land Company 0805 32 0 90 -011 SO1 Eighth Street, Suite 230 -0805 32 9 00 953 Greeley, CO 80631 960223 EXHIBIT C NAME AND ADDRESS MELD COUNTY PARCEL NUMBER 11 . Peggy Ann Ackard and 0805 32 0 00 012 J. Lawrence Trustees 0805 33 0 00 002 179 South Monroe Street Denver, CO 80209 12 . Mayo C . De Bey 0305 32 0 00 013 P. 0 . Box 5061 Greeley, CO 30631-0061 14 . Dale L. McKelvey 0805 32 0 00 043 Karen A. McKelvey 13804 Weld County -Road 64 Greeley, Co 80631 15 . Gary D. Petersen 0805 32 0 00 046 Kathryn t. Petersen 0805 32 0 00 047 7100 Arbutus Arvada, CO 80005 16 . Weld County 0805 32 0 00 050 315 Tenth Street 0805 32 000 052 Greeley, CO 80631 17 . t -& -M Ready Mix Concrete Company 0805 32 0 00 051 1916 Niwot Road =Niwot, CO 80544 13. -Lydia Wiedeman 0805 32 0 00 008 7611 West Fourth Street Greeley, CO 80634 19 . Sus-an L. Barnhart 0805 33 3 04 004 410 - 71st Avenue 0805 33 3 00 018 Greeley, tO 80634 20. Catherine L. Stevens 0805 33 3 00 006 592 North 66th Avenue Greeley, CO 80631 21 . Gary J. and Leona M. Miller 0805 33 3 00 009 411 - 37th Avenue tourt Greeley, tO 80634 22 . Kenneth D. and Kathleen H. Schraeder 0805 33 3 00 014 520 North 71st Avenue 8805 33 3 00 015 Greeley, CO _80634 23. Daniel and -Mildred L. Buxman 0805 33 0 00 049 30593 Weld County Road 29 Greeley, CO 80634 `900223 EXHIBIT C NAME AND ADDRESS WELD -COUNTY PARCEL NUMBER 24 . Windon H. Davis - 3/4 Interest 0825 33 0 00 078 Betsy Davis - 1/4 Interest 7730 Suena Vitt-a Greeley, Co 80131 25 . Rattan Jacobs 0805 33 3 02 227 412 North 71st Avenue Greeley, tO 80634 26 . Albert H. Arriesserq 0130.5 33 3 00 029 524 North 71st Avenue Greeley, CO 80634 27 . -Mary Jane Duran Bliet-z end 0805 33 3 20 026 David S . Blietz 638 North 71st Avenue Greeley, CO 82634 28. Rime Duran 0825 33 3 00 223 710 _North 71st Avenue 0825 33 3 00 025 Greeley, CO 89634 29. Isabell and Gloria Silva 0805 33 3 -00 004 610 -North 71st Avenue Greeley, CO 80634 32. Mr. tene R-empel Engineering Supervisor Public Service Company 1500 Sixth Avenue Greeley, CD 80631 31 . Mr. _Terry Savage -Vice President Snyder Oil Company 1801 California Street, $3500 Denver, CO 82202 32 . Ms. Donna L. Coble Greeley Irrigation Company P. D. Box 449 Greeley, tO 80632 33. Mr. Dave Griffith Western Area Power Administration P. D. Box 3700 Loveland, _CO 80539 34. Associated Natural Gas, Inc. 1335 Eighth Avenue Greeley, CO 80631 35. North -Weld County Water District T. 0. Box 56 SCO223 Lucerne, CO 10146 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE -Application No. Subject Property wttij feyMi P,--}- STATE OF COLORADO ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, or from an ownership update from a title or abstract company or an attorney. tevi J . row The foregoing instrument was subscribed and sworn to before me 4\�q day of X 630A , 19b, BY C ,3 this < e._ 'WITNESS my hand and official seal . tly Commission expires: 09-09 -96 ___- (: --)).A.„:,.<3 No r$, Public 300223 1 1 . C & M Companies 7-916 Niwot Road Niwot, CO 80544 2 . Ed Orr and Susie Orr 801 Eighth Street Suite 230 Greeley, CO 80631 3. 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' Irr t It T+,1/. *t«" 44'6 J••' ^•-, t o-' , ' 1vi .. x,.y ', � lg O `f t:f �l,it'd �rr��rx�t .v''9fC kl Y1,/ },� .� "y�' , '.r{b . J, 1y,� tM { '� I iit,y, " '�l"'1 Ih � r yr, L Pvgs pity r 4�'Mh . ' 1 1 t�V,�(�p`1� :'+isst fY}t 1:bt ( " 'f lY� � '1 ,.l AJ ! 2V�tVf r :f 1 ' ` �. 11t "V Y 0'. 'dt@ i.' ' ' IIaT y�, N. 1 '} Y1 stn �I t—{, n.rtt ° b§ ' � 1 1 . • fir.' dI i { •. 1 �fq 4ta4 ,� `p \p+ . ^�' 4J t,;; ' );/,Iwi ,,,a. .( .... . . . {J, ^41“ 'cc'caseate companies C & M COMPANIES WW FARM PIT APPLICATION FOR A REGULAR(112) MINED LAND RECLAMATION PERMIT WELD COUNTY, COLORADO AUGUST 1989 TUTTLE APPLEGATE , INC Consultants for Land and Resource Development ,,.:Sr 223 APPLICATION TOR A REGULAR OPERATIONS MINED LAND RECLAMATION PERMIT for WW Farm Pit Weld County, Colorado Applicant: C & M Companies P. 0. Box 490 Niwot, Colorado 80544 Prepared -by: TUTTLE APPLEGATE, INC. 11990 Grant Street suite 410 Denver, Colorado 80233 (303) 452-6611 89-131 September, 1989 SCO223 ! REGULAR (112) PERMIT APPLICATION FORM This form contains two major parts: (1 ) General Operation Information and (2) Exhibits A-P. When you submit your application, be sure to include four signed copies of the General Operation Information, four copies of Exhibits A-P, and a check for the application fee described under (4) below. To expedite processing, please provide the information in the format and order described in this form. . fl. L 3 SCSSSCLEii3= GENERAL OPERATION INFORMATION Type or print clearly, in the space provided, all information described below. mg. 1. Applicant/Operator Name: C & M Companies 2. Operation Name (Pit, mine or site name): WW Farm Pit • 3. Application type: Regular (112) Permit Operation. 4. Application Fee for Permitted Acreage* 362 permitted acres. ($50.00 + $15.00/acre, 1st. 50 acres; $10.00/acre, 2nd. 50 acres; $5.00/acre, 3rd. 50 acres; $1 .00/acre, any additional acreage; maximum fee of $2,000.00).* Note permitted acreage and application fee and attach a check for this amount when you file. $1762 . o0application fee. 5. Substance(s) to be mined (e.g. , gold/silver/gravel ): Sand & Gravel • 6. Owners(s) of Substance to be Mined (check applicable box(s)): E3 Private ❑ State O Federal 0 Indian 7. Owner(s) of Record of Affected Land (check applicable box(s)): E3 Private ❑ State O Federal 0 Indian 8. Type of Mining Operation (check applicable box(s)): 0 Surface O Underground O In-situ 9. Location Information. The center of the area where the majority of mining will occur lies in: COUNTY: weld PRINCIPLE MERIDIAN (check one) : O 6th (Colorado) ❑ 10th (New Mexico)❑ Ute TOWNSHIP (write number and check direction): T 6 E8 North 0 South RANGE (write number and check direction): R 66 0 East ® West SECTION (write number): S 32 QUARTER SECTION (check one) : O ® NW O SE O SW QUARTER/QUARTER SECTION (check- one): O NE O NW 0 SE 0 SW GENERAL DESCRIPTION: (miles and direction 2 miles west of Greeley. CO from nearest town and approximate elevation) • * If the operator is a unit of State or county government, an application fee is not required. A fraction of an acre must be counted as one acre for fee calculation. SCO223 -2- ' • 10. Correspondance Information - APPLICANT/OPERATOR (name. address, and phone of name to be used on permit) Individual 's Name: Bob Allen Company Name: C & M Companies Street: P. 0. Box 490 (7916 Niwot Road) City: Niwot State: Co Zip Code: 80544 Area Code: 303 Telephone: 443-1099 tERMITTING CONTACT (if different from applicant/operator above) Individual 's Name: Gary Tuttle Company Name: Tuttle Aoyleaate. Inr. Street: 11990 Grant Street_ Snita 410 City: Tlanvar State: rn Zip Code: Rn7al Area Code: Inn Telephone: ac7—(,(,ii INSPECTION CONTACT (if different from applicant/operator above) Individual 's Name: Company Name: Street: City: - State: Zip Code: Area Code: Telephone: 11. Primary future O Cropland(CR) O Pastureland(PL) El General Agriculture(GA) land use a7 Rangeland(RL) O Forestry(FR) O Wildlife Habitat(WL) (check one): O Residential(RS)O Recreation(RC) O Industrial/Commercial (IC) O Developed Water Resources(WR) O Solid Waste Disposal(WD) 12. Primary present O Cropland(CR) ® Pastureland(PL) O General Agriculture(GA) land use O Rangeland(RL) O Forestry(FR) O Wildlife Habitat(WL) Ycheck one): O Residential(RS) O Recreation(RC) O Industrial/Commercial (IC) O Developed Water Resources(WR) To the best of my knowledge. all the information presented on this application form and the attached Exhibits A-P are true and correct ( be signed by applicant/operator). Date: IO- ig. gc1 By: * 1_ C YszC _ 1 Ji CA JLto Title 9CO223 EXHIBIT A LEGAL DESCRIPTION NORTH AND V/EST OF THE CACHE LA POUDRE RIVER All that part of the N1/2 and the N1/2 of the S1/2 of Section 32 , Township 6 North, Range 66 West of the 6th P.M. lying North of the Cache La Poudre River and West of the following described line : COMMENCING at the Northeast corner of said Section 32 and considering the North line of said Section 32 to bear N90' 00 ' 00"W and with all _other bearings described herein being relative thereto; thence N90' 00 ' 00"W along the North line of said Section 32 , a distance of 1 , 918 . 10 feet to the TRUE POINT OF BEGINNING; thence 500' 45 ' 07"E, 1 , 140 . 00 feet, more or less to the existing center of the Cache La Poudre River and the terminus of the line; EXCEPT that parcel of land as conveyed to Roxena Von Trotha by Warranty Deed dated November 18 , 1965 and recorded November 24 , 1965 in Book 554 as Reception No. 1476288 , Weld County Records, EXCEPT that parcel of land as conveyed to D and E Investment Company by Quit Claim Deed dated November 27 , 1974 and recorded November 29, 1974 in Book 727 as Reception No. 1649367 , Weld County Records. EXCEPT that parcel of land conveyed to Weld County, Colorado, a Body Corporate and Politic in Warranty Deed recorded June 12 , 1980 in Book 905 as Reception No. 1827326, described as follows: A tract of land in the W1/2 of Section 32, Township 6 North, Range b6 West of the 6th P.M. , Weld County, Colorado, and being more particularly described as follows : BEGINNING at the Northwest corner of Section 32 and running along the West line of Section 32 50' 00 ' 19"W, 2, 249 feet more or less to the center of the Cache La Poudre River; thence S71 ' 00 ' 00"E along the center of the Cache La Poudre River 31 . 73 feet to the East right-of-way line of Weld County Road 27 to the POINT -OF BEGINNING; thence S71 ' E along the center of the Cache La Poudre River 8 . 85 feet to a point; thence N0' 45 ' 56"W, 622 . 93 feet to a point on the East right-of-way line of Weld County Road 27; thence along the East right-of-way line of Weld County Road 27 , S0' 00 ' 19"W, 619 . 99 feet to the TRUE POINT OF BEGINNING. 900223 EXHIBIT A LEGAL DESCRIPTION SOUTH AND EAST OF THE CACHE LA POUDRE RIVER PARCEL 1 All that part of the S 1/2 SW 1/4 of Section 33 lying North and -West of the County Road; that part of the NW 1/4 SW 1/4 of _Section 33 lying North of the County Road South and West of the Cache La Poudre River; and all that part of the SW 1/4 NW 1/4 of Section 33 lying South and West of the Cache -La Poudre River; and the NE 1/4 SE 1/4 of Section 32; and all that part of the SE 1/4 NE 1/4 of Section 32 lying South of the Cache La Poudre River. PARCEL 2 All that part of the NW 1/4 of the SE 1/4 of Section 32 lying -South of the Cache La Poudre River and lying North of the Greeley -No. 3 Canal, all in Township 6 North, Range 66 West of the 6th T .M. • 9CO223 EXHIBIT B �a '•j - n1•'0 0 4 BM 4 bpd% ��. �y 911° °WellC /) '• Bra 2Wetl ziseO. Well29 4 26---4c,),, �8�__. 4740 IM-030 c C,_Th / ej )°' f gi \ o. O \ �� C COR �"' I = Ma p 4 o V ° Farrners V� � 84 l9 4 0 �/ � -- 4]20 °°• 4719 e' T • � . 4NO v°e n. ,� Nj 4 PROJECT SITE 4694 I , 31 I \ !4t*f4P4 33 WCR 621/4 4111.\ 4718 __ _ �� • 4716 r/ �n II 5• O/TC O AA 50 � n � •n41 9! 5• �1 .�� `� \j \✓I `\-�� .,_� I u ) \----.. ; IP \ g tP � _ Substa b o 1 �\I\ I cr-T- . --- -2-17--Tom— ��ire'°• l /�i(\ �1' i0,4 __../r— �� GREELrEY 1/2 MyL, US HWY. 34 ••4E (• j013 R 6 6 W 0 2000 CI, , VICINITY MAP FEET J --..� TUTTLE APPLEGATE, INC. a s cos ass s UM and Remora Development n 11990 Grant Street, Suite 410 ! Denver,Colorado 80233-p/� ry ` / (3031452-6611 9002 3 EXHIBIT D Sand and gravel resource mined at the W W Farm Pit will be used by C & M Companies as a source for concrete sands, fill material, and aggregates. The applicant owns a portion of the property and holds a mineral lease for the remainder. The general location of the property is one-half mile west of Greeley, Colorado where Weld County Road 64 and Weld County Road 27 intersect. The proposed pit lies on both sides of the Cache La Poudre River. The total area of the property to be mined is 248 acres north and west of the Cache La Poudre River and 114 acres south and east of the Cache La Poudre River. The site consists of irrigated farm and pastureland. Some wetland areas and woody vegetation occur on either side of the Poudre River. Two oil wells in the westerly portion near Weld County Road 27 and a power transmission line will be avoided during the mining process. Setbacks from the permit boundary and from the previously mentioned features are noted on Exhibit C . The mining area south and east of the Cache La Poudre River contains the Greeley Ditch No. 3. No mining will occur south of this ditch. The topography of the site is generally flat except along the portion near Weld County Road 64 . This area is ten ( 10) to fifteen ( 15 ) feet higher in elevation than the area near the river and is out of the 100 year floodplain. The W W Farm property will be mined using dry mining techniques. Any groundwater encountered during the mining operation will be pumped from the open pit into the Cache La Poudre River. Exhibit C notes two plant sites on the property for the processing of the material . The first site is located in the eastern portion of the property and will process material from Phase 1 and part of Phase 2 . The second site is in the northwest corner of the property for the remainder of Phase 2 , Phase 3, and Phase 4. These plant sites will be used separately and will not be present at the same time . The plant sites will also be utilized for stockpiling materials, a concrete batch plant, and an asphalt batching plant. D-1 900223 The material that will be mined at the W W Farm Pits is sand and gravel with large cobbles interspersed. Information obtained from bore logs drilled in February of 1988 indicate a fairly uniform covering of topsoil of six inches throughout the site. Overburden varies in thickness from 2-1/2 to 11-1/2 feet below the surface . The average gravel resource thickness is ten feet. Along Weld County Road 64, resource depth is much greater. The majority of sand and gravel encountered is below groundwater. Underlying the resource is a sandstone-siltstone bedrock. The bore logs, done in February of 1988, indicate the groundwater to be five feet below the surface. Mining will be done in phases. The order of mining phases is shown on Exhibit C . The area opened for mining will be limited to only that necessary to satisfy market demands. Current projections are 174,000 tons per year. Maximum disturbance in the open pit is limited to eight acres . Earthmoving will be done by using scrapers and front-end loaders. Topsoil will be removed and stockpiled separately from overburden. Typical stockpiles will be 10 feet in height, 50 feet wide and will contain 6 , 500 cubic yards of material . See Exhibit C for proposed locations of stockpiles. A large portion of the area lies within the 100 year floodplain of the Cache La Poudre River as determined by the Federal Emergency Management Agency. Stockpiles will be aligned with the general direction of flow to minimize erosion of stockpiles during flooding. Four lakes will be created by the mining operation. The cells of Phases 2 , 3, and 4 will be separated by man-made dikes constructed of overburden. These lakes will have a combined surface area of 180 acres (See Exhibit C ) . A settling pond will be constructed for washing of materials at the plant site . The lakes created by mining are to be lined with a clay layer to create water reservoirs. The sequence of mining activities to be done are as follows: 1 . Topsoil and overburden will be stripped and stockpiled. 2 . A dewatering trench will be constructed around the perimeter of the mining phase . 3 . A portable dewatering pump will be installed and groundwater will be discharged to the Cache La Poudre River. 4 . Sand and gravel will be extracted and placed on a conveyor system. 5. The sand and gravel will be transported via conveyor to the plant site for screening, crushing, and washing. 6 . Processed material will be stockpiled at the plant site and trucked from the property to end users. 7 . At a later date, concrete and asphalt may be produced on the site . D-2 CO223 9 Disturbance associated with mining is classified as follows: Manor Disturbance Mining Stripped 3.0 Topsoil Stockpiles 3. 0 Overburden Stockpiles 1 .0 2 . 0 Moderate Disturbance Plant Site 10.0 Office and Scale House 0. 5 Access Road 1 .0 Minor Disturbance Reclaimed and Seeded 1 .0 Reseeding Year 2 0. 5 TOTAL DISTURBED ACREAGE 27.0 The mining phases shown on Exhibit C represent estimates for mineral extraction in one year increments. The mining plan calls for completion in approximately 20 to 30 years. Mining and reclamation within each phase will be done contemporaneously. Grading and backsloping of shorelines will be done using stockpiled topsoil and overburden. Reseeding will be done in early spring or late fall depending on the progress of regrading. Provisions have been made to return the following year and reseed areas where previous reclamation was not successful . The estimated time between initial land disturbance of a mining phase and accomplishing final reclamation is three years. Equipment used for mining will be: Scraper for stripping Front-end loader for mining Portable conveyor system Processing Equipment: Screen Crusher Sand classifier Front loader • Haul vehicles for the finished product will consist of a fleet of 25 ton end dumps. D-3 900223 EXHIBIT E RECLAMATION PLAN Reclamation of the site will consist of ponds as water storage reservoirs. Dikes, as shown on Exhibit F , will be utilized to form separate ponds to increase water storage capacity. As a secondary benefit, the creation of ponds in this area will enhance the wildlife habitat presently found in the riparian riverbank area. The resource will be mined to the underlying bedrock. Overburden and processing plant fines will be redistributed to provide a stable base for the reseeding along the bank shores. Revegetated slopes will be a 3: 1 - 2: 1 configuration, allowing seeding along the shoreline as well as providing safe access into and out of the ponds. Overburden stockpiles will be seeded if they remain longer than one growing season. It is anticipated that the mining operation will not consume more than eight (8 ) acres per year and reclamation will be done immediately following the mining along the shorelines. The stripping ahead of the mining will disturb no more than three acres at any one time . Also there will be another 2-1/2 acres which has undergone seeding but has not yet been released from the financial warranty. See Exhibit L for the associated costs related to each reclamation duty. Following this exhibit is information from the Soil Conservation Service on seed mixes for wetland and upland sites. Western wheatgrass will be used to seed stockpiles left more than one growing season. Weeds are not expected to pose a problem in revegetating the site . If they do become a problem, they will be controlled mechanically rather than chemically so that native species will not be destroyed by the application of herbicides. The following remarks are in response to Rule 6, Reclamation Performance Standards. • 6 . 1 Grading a) Grading will be carried out to create a topography appropriate to the final land use, which is a water reservoir. 9CO223 E-1 b) Grading will be continuous and uniform, and will be performed to minimize erosion and siltation. Land outside of the disturbed area will not be affected by mining operations. There will be no highwalls in this operation. Slopes will be steeper than 3: 1 above water and ten feet below water with 2 : 1 slopes in water deeper than ten feet. c ) Grading and topsoiling are to be a contemporaneous operation with the mining process. d) No acid-forming or toxic producing materials are known to exist in the materials to be mined. Refuse will not be generated on the affected land nor will any refuse be disposed of in the mining process. e ) No auger holes or shafts are associated with this operation. f ) Slopes will be graded to be compatible with the final land use . Swimming facilities are not included in the reclamation plan. g) None of the reclaimed land will be used for horticulture. 6 . 2 Water a) The mining operation is expected to have a minimal lowering of the groundwater table in the vicinity. This lowering is temporary for the life of the operation and is not expected to cause a detriment to existing wells. Exhibit G further addresses the impact on the site ' s hydrologic balance . 1 . This operation will be in compliance with applicable Colorado Water Laws and Regulations governing injury and existing water rights. 2 . The operator will comply with Federal and State regulations governing water quality. A NPDES discharge permit as issued by the Colorado Department of Health will be required prior to discharge associated with the 112 Permit. 3. There are no dredge and fill requirements that pertain to this site. 4 . This operation will not require siltation structures to drainageways. b) No earthen dams or impoundments are necessary at this site. E-2 9CC223 6 . 3 Wildlife a) Impacts on local wildlife populations are expected to be negligible . b) Enhancement of wildlife habitat is expected upon reclamation at this site . Existing wildlife habitat is not anticipated to be greatly affected during the mining operation because riverbank wetland areas will not be disturbed. 6 . 4 Topsoilinq a) Overburden will be scraped, stockpiled, and seeded if left more than one growing season. This will maintain it in a usable condition for such time when it will be necessary to replace the overburden during reclamation. b) Existing trees found along the Cache LaPoudre will be undisturbed and allowed to remain on-site . c) Overburden stockpiles will be placed just outside the pit area. The area of the stockpiles has been considered in the calculation of affected area. d) Once stockpiled, the overburden will be rehandled when reclamation commences. e ) The final surface will be graded to insure stability of the pit side slopes. f ) The existing overburden and plant fines are an adequate growth medium with fertilizer. g) Soil amendments will be added as deemed necessary. h) No vegetation piles are anticipated. 6 . 5 Revegetation a) Revegetation with native species is a part of the reclamation plan. b) No portion of this area will be reclaimed as forest land. c ) The choice of reclamation for this site is water storage. The slopes will be 3: 1 maximum, gentle enough for livestock and wildlife to traverse . Seeding will be done by either broadcasting or drilling. E-3 300223 d) Environmental factors have been considered in the chosen reclamation plan. Slopes will be adequately stabilized by compaction during the grading operation. Further surface stability will be provided by the vegetation as it becomes established. e ) All proper methods and techniques normal to site preparation and protection for agriculture will be followed in order to establish vegetation in accordance with the reclamation plan. f ) Mechanical weed control shall be used at the site in order to protect native species from herbicides. g ) Fire lanes are not necessary due to the lack of forest cover. h) The plant site area will be scarified and reseeded along with the rest of the site upon completion of mining. i ) No adverse surface characteristics are expected. The area topography is relatively flat. Reclamation will be done to match existing conditions where practical . 9CO223 E-4 ,r'- CO-EC_;...-5 ( Computer DI :7 )) PROD ER: ... & M Concrete GRASS SEEDING RATE. CA;_CULAT I ONS PLANNER: I'S5 DATE:: 5/9/S9 PART- I : SEEDING PLANNED CONTRACT OR AGREEMENT #: Field No. : SEE PLAN MAPS ML.RA: G67 Acres_: :I. _ 0 Irrigated: CIN No. : Dryland:_ Pract. No. : 342 Range Site: WETLAND Pract. Name: RECLAMATION SEEDING BEE NOTES Seedbed Prep. ---------- Seeding [)perat i nn , --____-_..._._- - T il. l dates:Sep 1.5 .- Oct 15 Method- Dates:Oct :L5 -- May 15 Plant dates: Drill-on contour Clean--ti ' led-- Interseed-- F..irm., seedbed- required Broadcat-dhl rate Stubble-- Drill. Type- Gras •, ntersee -- Drill Spac ng-7._:; ; i.r Other- salvaged topsoil Planting Depth--1./4 - 3/4 in ( dr .i lied if broadcast then double rate and cover seed b'ya raking. F•erti 1. i ; er : -._. _ Weed Control : Pounds actual per acre (available) Dates:Maw--June Nitrogen : 40 i bs-/at: Mowing-* Phosphate: 40 lbs/ac Chemical.-. . Potassium: as needed Type and Amount-- as needed and at appropriate times at correct rates Mulch : Kind- Weed-free native haw ** Amount- 2 tons/ac How applied- spread uniformly How anchored-crimped Anchor depth-4 inches into soil ** Hay may be from native rangeland or meadows. Meadow hay is preferred if it contains sedges and rushes. Hay should be inspected for weed seed prior to application. SEEDING PLANNED: (3) (4) (5 ) (6) TOTAL PLS ( 1 ) (2) PLS/ACRE OF PLS RATE: PLANNED REQUIRED VARIETY SPECIES @ 100% MIXTURE PER ACRE ACRES FOR SEEDING PALATON REED CANARYGRASS 3. 5 45 1 .58 1 . 0 1 .6 NATIVE PRAIRIE CORDGRASS 4. 5 20 0. 90 1 . 0 0. `P REVENUE SLENDER WHEATGRASS 11 . 0 10 1 . 10 1 . 0 1 . 1 NATIVE CANADA WILDRYE LD RYE 1 1 0 25 2. 75 1 .0 C 100 6. 3.3 SEE NOTE REMARKS: The total. pounds PLE; is for one acre. This mix is intended for use . .on reclaimed shorelines around the lakes or ponds. In addition, shrub end tree species should be planted to provide cover for wildlife. The following species are recommended for this use Willow, Cottonwood, Snowberry, Chokecherry, Wild licorice, —American plum, Cattails, Rushes and Sedges. These species may be obtained commercially or by collecting locally. �CO223 ._ __ ,..... r.. i i .... ,'r•r.�.r•,.. - PFi;O?., FR: r t_t I`'; Concrete SEEDING- IN RATE .: S.: PLANNER: r L r�c ,�•; � �:A,i....C[�_..F=, 1"7 L1.:,�..• DA.T F : 8/9/P9 : PART :f. SEEDING PLANNED CoNTPACT OR AGREEMENT c Field No. : SEE PLAN MAPS ML_PA: G67 Acres: ... . 0 Irrigated: CI!`: No. , j'•r'glanrrj: Pt` act. No. : 712 Range Site: UPLAND 1. Pract. Name: RECLAMATION SEE.::?):LNG SEE NOT =! Seedbed Prep.. ...._._..._._._._...__._....- Seedinv Operation :----------- Till dates:Sep 15 - Oct 15 Method- Dates>:Oc:t :! 5 •-• May 15 Plant date': : Drill-on cont Clean-tilled- 'rr)t'erseer!-- F irrr• see bed- egt:,'t r^e.'d Br. •-1dt as4- db! real e Stubble- Drill Type- Grasc Irtersr.,sed..- Tiri .l. 't c - ,- Other-- salvaged topsoil Planting Depth-1/4 -- 3/4 in ( dri 1. ed) double rate if broadcast and cover seed by raking. FE•rt: l i _.er _._ • Weed Control : Pot..nds actual per acre (available) Date,:Mau-June N; t..'ogen : 40 1 hs/ac Mowing-* Phosphate: 40 ibs/a.c £hem1ca1--* Potassium: N/A Type and Amount-- as needed and at appropriate times at correct rater. Mulch: Kind- Weed--free native hay ** Amount- 2 toes./ac. How applied- spread uniformly How anchored-crimped Anchor depth-4 inches into soil ** Hau from native rangeland is preferred. Hay should he inspected before app]. i.cat ion. SEEDING PLANNED: (3) (4 ) (5 ) (6) TOTAL_ PLS ( 1 ) (2) PLS/ACRE % OF PLS RATE PLANNED REQUIRED VARIETY SPECIES 6} 1001. MIXTURE PER ACRE ACRES FOP SEEDING NATIVE ALKALI SACATON 1 . 5 10 0. 15 1 . 0 0. 2 BLACKWEL.L SWITCHGRASS 4.5 15 0. 60 1. .. 0 f7l7 SOAR STREAMBANK WHTGRRS 11 . 0 5 0.55 1 .0 0. 6 APPIPA WESTERN WHEATGRACS 16. 0 30 4.00 1 . 0 4. 8 NATIVE B I G BLUESTEM 11 . 0 15 1 . 65 1 .0'_! 1 . 7 LL.ANO YELLOW INDIANGRASS 10. 0 5 0. 50 1 . 0 0. 5 VAUGHN SIDEOATS GRAMA 9. 0 20 1 . 80 1 . 0 1 . 8 100 10. 13 SEE NOTE REMARKS: The total pounds PLS is for one acre„ This mix is intended for use on reclaimed areas which are located on drier sites such as the tops of the dikes between lakes. Shrubs and trees should be planted. Willow, Cottonwood, Russianolive, Skunkbush sumac, Chokecherry, American plum, Cattails, Wild licorice, rushes and sedges may .be planted to enchance wildlife value and aesthetic appeal . 900223 ADDENDUM TO SEEDING RECOMMENDATIONS 1 . Topsoil should be salvaged whenever possible. Topsoil Provides a suitable growth medium on reclaimed areas and contains seeds of native plants which can enhance seeding efforts. 2. Surface disturbances should be limited as muc:h as possible to minimize the area requiring reclamation and r•evegetati.on. Whenever possible, cottonwoods and willows should not be removed but should be left to grow and reproduce. 3. Mulch should be applied after seeding. If seeding) must be delayed for a long period of time, then mulch can he used for protecting the soil from erosion. 4. Cover crops may be substituted for mulching and may, include millet, sterile sorghum or sudangr•ass. Grass mixes should be seeded into the cover crop without additional tillage. (See SCS standards and specifications. ) Fertilizer should be applied at the specified rates or at rates which reflect recent soil test results. Fertilizer should be applied prior to drilling. 6. Grass should be drilled using a grass drill with double disc furrow openers, depth bands, Press or packer wheels, and a seedhox agitator. 7f seed is broadcast the rates should he doubled and the seed pressed or packed into the soil surface. 7. Weed control is. necessary. Mowing 1-2 times during the first year following seeding is appropriate. Herbicides may be used if seeded grasses have reached the 5-leaf stage and label directions are followed. O. Seeded areas should be excluded from livestock grazing -�.s2-3 l for at least< _t years e a r. - - or until the grasses are established. 900223 1 rir m Ir,l re N M t t..1••> Lf V Ul ^ J .4 �J vaJtn� (1 4 Y Qf r r 1 r 4 11 O. S I '! .. f�rkrttNt dliCrY ,j J r r,^ 1 i1 . o rs ' i. ej,�1J}..".. 1 FY4t ,,4, ,.tr -.�li, O [t "'�t v ' v _h d nfrl '1 6 •f� 1<aj• i;Y l .i.e)'.IF .'1 / w jei'� f«;Y! r 1 4 1 U f11J.iw fM vft(1;4.00.A(t ' Ir, 'r e ! P Mi' In J (� w d4y • y}4rf , sF�l rtn, J• �Y., +Ic Cry °�1 3. L,frO J"� '.2 1 l' . '.l irYF ✓r 0. 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"° ,\ !.re L g(,� rlr{3 d t u1,VX, `' i; M• , Al Ye F>�11� rGY, G"!a ti r., er5'1 ` yiki j,.,0 .A� 4f x ''4'..,, •-• m Iii 1�', U fl� ,11ot;':• ipv!.;IN:� cr IN r r• N�y 5" M r fAY1 r I !yt° ,�gipp 4-1' ti �{°( • 7/4t•-•: l ��1 1 rlf� } 11 �1 ty1 t� w�'1 *il'&pr / r r 4 'X111a1Dt� 4r� f a44rli+Iryf¢wir:?iv �r 1 'O , d Vf.:'Y. tet r"t yl.• 4....-it it•IP, •1 4.#(Hii ttrig 1, "i�' 15• _. V"v p-, 'tat N 7 yt 1 {,tij 4rF'P N ,q, �i�1 . ,Q vi v7l,. YJ r \ ilk ... � 74,- 4 of It"�f I (o _ 411;1 EXHIBIT G WATER INFORMATION In this mining operation, the material will be mined by a dry method. Initially an eight acre site will be mined until the groundwater is encountered. Then a pump will be installed to remove the groundwater as the mining progresses downward to the bedrock. Thus the material can be excavated by a front loader and put directly on a conveyor belt to the processing plant site . Due to the dewatering operation of the mine, groundwater in the immediate vicinity is expected to drop slightly. In order to mitigate the effects of the dewatering operation on the groundwater, the applicant has proposed three measures. 1 . In order to limit the area of dewatering, the mine has been broken up into four ( 4 ) distinct phases. Therefore , dewatering will occur in only one of the phases at any given time . 2 . In order to preserve the integrity of the water flow in the Poudre River, we are proposing a 100 foot setback for mining from the river edge. 3. In order to develop the site as a water storage reservoir as its final use, the pit must be segregated from the groundwater. The applicant proposes to do this sealing with a compacted clay liner. This liner will be installed as the mining progresses in each of the four phase areas . Therefore, in areas previous mined along the areas adge , side slopes will be sealed and groundwater will be prevented from flowing into the pit. This sealing will prevent groundwater drawdown after mining moves through an area. With the three above mitigation measures, we expect the cone of depression in the groundwater to be very slight. We predict that over a 200 to 300 foot range from the mine, the drawdown will be from two to three feet. Residents in the immediate vicinity are noted on the map which accompanies this exhibit. G-1 900223 Presently there is a drainageway with water flow during most of the year draining through the mining site to the Poudre River. After mining is completed this water will flow into the Phase IV area of the mine . Culverts will be installed in the backfilled dikes in order to control the water level between the lakes. Also, culverts or overflow spillways will be installed between lakes 1 , 2, and 3, and the Poudre River to control the water level . Thus any water flowing into the water storage reservoir can be conveyed into the river in an overflow situation. The dewatering of the pit during mining will require a NPDES permit from the Water Quality Control Commission of the Colorado Department of Health. This permit will be obtained prior to any water being discharged into the Poudre River. Project water requirements when full mining is underway are estimated to be 5. 65 acre-feet per year for dust suppression, and 0.02574 acre-feet per thousand tons of gravel mined for moisture content loss. G-2 900223 EXHIBIT H WILDLIFE INFORMATION Every effort has been taken to ensure the mining operation site provides for a well planned wildlife habitat upon completion as well as continues to provide a habitat during the years of operation. The following items will be provided to assist wildlife habitat on-site : 1 . In order to allow access to the lakes by wildlife and cattle , no side slopes will be greater than 3: 1 . 2 . The riparian area along the Cache LaPoudre River will not be disturbed by mining . 3. The mature trees occur along the river will be preserved. The mature cottonwoods here provide nesting, roosting, and cover for birds. In addition, many trees are included in the reclamation plan. 4 . C & M Companies will inform its workers about the wintering bald eagle population and supervise their activities so they will not disturb any eagles which visit the site . At all times of the year, the mining activity will be limited to one of the mining phase areas . In this way human disturbance can be concentrated in a small area at any give time . Also the winter months are times of less mining activity because of the slow construction. This will further decrease any disturbance to bald eagles on the site . 5. As seen on the Mining Plan, an irregular shoreline is proposed which reflects the topography of the ground, the river course, and the Greeley Ditch No . 3 channel . 6 . The depth of the lakes will be ± 15 feet and will be available as a warm water fishery. The digging will create an irregular bottom on the pond. There are no plans for public access to the site after mining is completed. 7 . Areas above the water will be seeded in a mix proposed by the Soil Conservation Service . In consultation with the Soil Conservation Service we will plant trees suited for wildlife cover and food sources. H-1 900223 MINED LAND WILDLIFE QUESTIONNAIRE for limited impact and select regular sine applications 1 . Name of Company/Hine : C & M Companies - W W Farm Pit 2 . Name /Address/Phone of Contact Person: Gary Tuttle - 11990 Grant Ste . 410 Denver , CO 80233 - 452-6611 ; Bob Allen-C&M Companites-443-1099 3. Location of Mine : Weld County - NWNW Sec. 32, T6N, R66W (County, Township, Range, Section to nearest quarter quarter; Exhibit A-MLR appl. ) 4 . Nearest Town/General Location: 2 miles west of Greeley, CO 5 . Land Ownership (Circle ) 1(Privat>2.BLH 3.USFS 4 .Other 6 . Present Land Uses Pasture 7 . Proposed Final Land Use: Pasture 8. Type of Operation: 1 . (!urfaci) 2. Underground 9. Minerals being mined. Sand & Gravel 10. number and Descriptio of Surface Acres Disturbed by Mining/not including roads (Exhibit D-MLR) . 344 acres 11 . Miles of roads to be constructed: 3/4 mile 12 . Life of Mine (years) . 20 - 30 Years 13. Description of Operation and Reclamation--Additional sheets may be attached (Exhibits B & E-HLR) : This area is to be wet mined by means of a dredge Approximately 10 acres at one time will be actively mined. Material dredged will _be windrowed to allow drainage of water from the resource material . After windrowing material will be trans- ported by either conveyor or truck to the plant site for processing. Processed material will be truck" off-site for final market use. Wet- land areas and the Cache La Poudre River will be avoided. Reclamation will be with a seed mix recommended by the SCS. 14 . Please enclose Maps of Project Operation, Disturbance Areas and Reclamation (Exhibit C. ) This will expedite processing. Tour cooperation is pre fated. 900223 15 . Prepared by: 7 ' //41 /L' c — Date: 65 - 2-7. 7 SOILS EXHIBIT I. 3—Aquolls and Aquents, gravelly substratum. This 10—Bankard sandy loam, 0 to 3 percent slopes. This nearly level map unit is on bottom lands and flood plains is a deep, somewhat excessively drained soil on flood of all the major streams in the survey area. Aquolls, plains at elevations of 4,450 to 5,000 feet. It formed in which have a dark colored surface layer, make up about stratified recent alluvium along streams and rivers. In- 60 percent of the unit. Aquents, which have a lighter eluded in mapping are numerous sand and gravel bars colored surface layer, make up about 35 percent. About 5 and small areas of noncalcareous soils. Typically the surface layer of this Bankard soil is percent is Aquepts and Bankard sandy loam. brown sandy loam about 4 inches thick. The underlying These are deep, poorly drained soils that formed in recent alluvium. No one pedon is typical. Commonly the material to a depth of 60 inches is pale brown calcareous soils have a mottled, mildly alkaline to moderately al- sand stratified with thin lenses of sandy loam, loam, and, kaline loamy or clayey surface layer and underlying fine gravel. Permeability is moderately rapid. Available water material and are underlain by sand or sand and gravel within 48 inches. In places they have a gleyed layer in the capacity is low. The effective rooting depth is 60 inches or more. Surface runoff is slow, and the erosion hazard is underlying material. Most of the acreage is subject to flooding. The water low. This soil is suited to limited cropping. It is sandy and table is at or near the surface early in spring and recedes to as deep as 48 inches late in fall in some years. subject to flooding. Pasture is the best use. Tall wheat- These soils are used for rangeland and wildlife habitat. grass, tall fescue, and annual sweetclover are some of the most suitable crops. Light, frequent irrigation by furrows Some small areas have been reclaimed by major drainage and flooding is best. Commercial fertilizer improves the and leveling and are used for irrigated crops. amount and value of forage produced. The potential native vegetation is dominated by alkali The potential native vegetation is dominated by sacaton, switchgrass, and western wheatgrass. Saltgrass, switchgrass, indiangrass, sand bluestem, sand reedgrass, sedge, rush, and alkali bluegrass are also prominent. sideoats grama, needleandthread, and blue grama. Much Potential production ranges from 3,000 pounds per acre in of this range site includes other soils and vegetation in favorable years to 2,000 pounds in unfavorable years. As such a complex pattern that it is difficult to map them range condition deteriorates, the switchgrass, alkali separately. Potential production ranges from 2,500 pounds sacaton, and western wheatgrass decrease and saltgrass, per acre in favorable years to 1,500 pounds in unfavorable sedge, and rush increase. years. As range condition deteriorates, the tall and mid Management of vegetation should be based on taking grasses decrease; blue grama, sand dropseed, and forbs half and leaving half of the total annual production. Seed- increase; and forage production drops. Undesirable weeds ing is difficult and costly because numerous tillage prac- and annuals invade the site as range condition becomes tices are required to eliminate the saltgrass sod. poorer. Switchgrass, western wheatgrass, alkali sacaton, tall Management of vegetation should be based on taking wheatgrass, and tall fescue are suitable for seeding. They half and leaving half of the total annual production. Seed- can be seeded into a clean, firm seedbed. Seedbed ing is desirable only in areas large enough to interseed or preparation usually requires more than 1 year to to prepare a seedbed. Switchgrass, sand bluestem, sand eliminate the saltgrass sod. A grass drill should be used. reedgrass, sideoats grama, little bluestem, blue grama, pu- Seeding early in spring has proven most successful. bescent wheatgrass, and intermediate wheatgrass are Wetland wildlife, especially waterfowl, utilize this unit. suitable for seeding. This soil can be seeded by using an interseeder or a firm, clean sorghum stubble. A grass drill The wetland plants provide nesting and protective cover, as well as some food. The nearby irrigated cropland, cessful. is required. Seeding early in spring has proven most suc- where wildlife obtain much of their food and find protec- tive cover, makes this unit valuable to both wetland and This soil is generally not suited to the establishment openland wildlife. and growth of trees and shrubs. Onsite investigation is needed to determine feasibility and possible tree and Openland wildlife, especially pheasant, use this unit for shrub species. cover and nesting. Deer find excellent cover in some Wildlife is an important seconda ry use of this soil. The areas. po These valuable wildlife areas should be protected from cropland areas provide favorable habitat for ring-necked fire and fenced to prevent encroachment and overuse by pheasant and mourning dove. Many nongame species can livestock. They should not be drained. be attracted by establishing areas for nesting and escape cover. For pheasants, undisturbed nesting cover is essen- These soils have good potential as a source of sand and tial and should be included in plans for habitat devel gravel. Capability subclass VIw; Salt Meadow range site. p- ment, especially in areas of intensive agriculture. Rang Range- land wildlife, for example, deer and antelope, can be at- tracted by managing livestock grazing and reseeding where needed. This soil is not suited to urban or recreational develop- ment because of the flood hazard. Capability subclass IVw irrigated, VIw nonirrigated; Sandy Bottom land range site. 900223 SOILS MAP 1--2000' R66W 47 .r 47i ) 1, kr51 .1 ., ' h4 ' 46 iii 46 -e _ . 28 29 1 ;_.'. 51 47 f 47 47 50 T6N 32 i 4° .a 1. 50 66 0. 42 1 47 Sr 51 { • - 52 3 '. _. ��. •'� �7�.ytRE n a _ t w it � K - � ? � . ' c" illic.s. t s` • 10 3 E. t jt 4'. 41 �� ¢ 3 x .785 3 37 dBa ,,r.• -, C ;:: J;. 1' ' ! ap/ 3P f 51 0 13 52 13 I I `Y z ₹i 61 PROJECT SITE'. . 1`. 61 = 35 98 52 3 - .Y 53 51 51 JJJ 53 1 52 $ 51"` 53 51 n•ti •52 . 37 52 QEO` � 37 61 61 ...c.:86S 38 51 . 5 .52 i A^ 00 8‘,. 53 51 38 • 13 3 52 ,0 53 53 00 � `1 E 52 A52 38 ..totti F 38 .\ .83 - 900223 , EXHIBIT I 13—Cascajo gravelly sandy loam, 5 to 20 percent slopes. This is a deep, excessively drained soil on terrace edges and upland ridges at elevations of 4,600 to 5,200 feet. It formed in very gravelly calcareous alluvium. In- cluded in mapping are small areas of soils that are shal- low or moderately deep over sandstone and shale. Typically the surface layer is brown gravelly sandy loam about 9 inches thick. The upper part of the underly- ing material is pale brown and light yellowish brown very gravelly sandy loam about 22 inches thick. The lower part to a depth of 60 inches is light yellowish brown very gravelly sand. A layer of strong lime accumulation 22 inches thick is below the surface layer. Permeability is moderately rapid. Available water capacity is moderate. The effective rooting depth is 60 inches or more. Surface runoff is slow to medium, and the erosion hazard is low. The potential native vegetation is dominated by little bluestem, sideoats grama, sand reedgrass, blue grama, hairy grama, switchgrass, and needleandthread. Potential production ranges from 1,200 pounds per acre in favora- ble years to 700 pounds in unfavorable years. As range condition deteriorates, the tall and mid grasses decrease, blue grama and hairy grama increase, and forage produc- tion drops. Management of vegetation should be based on taking half or less of the total annual production. Seeding and mechanical treatment are impractical. Deferred grazing is a practical measure in improving range condition. Windbreaks and environmental plantings are suited to this soil. Low available water capacity and high calcium content are the principal hazards in establishing trees and shrubs. Weed control is needed to insure establishment and survival of plantings. Supplemental irrigation also may be needed to insure survival. Trees that are best suited and have good survival are Rocky Mountain ju- niper, eastern redcedar, ponderosa pine, and Siberian elm. The shrubs best adapted are skunkbush sumac and lilac. Wildlife uses are very limited because this soil lacks potential for producing necessary habitat elements. Because most of the acreage is rangeland, only rangeland wildlife, for example, scaled quail and antelope, are typi- cal. Extreme care is needed in managing livestock grazing in order to provide suitable habitat on this soil. Steepness is the most limiting soil feature that must be • considered in planning homesites and the construction of roads. Other limiting features are the rapid permeability in the substratum and the resulting hazard of ground water contamination from sewage lagoons. Site prepara- tion for environmental plantings such as lawns, shrubs, and trees is difficult because of the high content of gravel and cobbles. Capability subclass VIIs nonirrigated; Gravel breaks range site. 900223 EXHIBIT I 32—Kim loam, 1 to 3 percent slopes. This is a deep, Wildlife is an important secondary use of this soil. The well drained soil on smooth plains and alluvial fans at cropland areas provide favorable habitat for ring-necked elevations of 4,900 to 5,250 feet. It formed in mixed eolian pheasant and mourning dove. Many nongame species can deposit and parent sediment from a wide variety of be attracted by establishing areas for nesting and escape bedrock. Included in mapping are small areas of soils that cover. For pheasants, undisturbed nesting cover is essen- have loamy sand underlying material. tial and should be included in plans for habitat develop- Typically the surface layer is brown and pale brown ment, especially in areas of intensive agriculture. Range- loam about 12 inches thick.The upper 28 inches of the un- land wildlife, for example, the pronghorn antelope, can be derlying material is pale brown loam. The lower part to a attracted by developing livestock watering facilities, managing livestock grazing, and reseeding where needed. depth of 60 inches is pale brown fine sandy loam. This soil has good potential for urban and recreational Permeability is moderate. Available water capacity is high. The effective rooting depth is 60 inches or more. development. Increased population growth in the survey area has resulted in increased homesite construction. The Surface runoff is medium, and the erosion hazard is low. In irrigated areas this soil is suited to all crops com- chief limiting soil feature for urban development and road construction is the limited capacity of this soil to support monly grown in the area, including corn, sugar beets, a load. Septic tank absorption fields function properly, but beans, alfalfa, small grain, potatoes, and onions. An exam- ple of a suitable cropping system is 3 to 4 years of alfalfa community sewage systems should be provided if the followed by corn, corn for silage, sugar beets, small grain, population density increases. Because of the permeability or beans. Land leveling, ditch lining (fig. 6), and installing of the substratum, sewage lagoons must be sealed. pipelines may be needed for proper water applications. Lawns, shrubs, and trees grow well. Capability subclass Ile irrigated, IVe nonirrigated; Loamy Plains range site. All methods of irrigation are suitable, but furrow ir- rigation is the most common. Barnyard manure and com- mercial fertilizer are needed for top yields. In nonirrigated areas this soil is suited to winter wheat, barley, and sorghum. Most of the acreage is planted to 47—Olney fine sandy loam, 1 to 3 percent slopes. winter wheat and is summer fallowed in alternate years This is a deep, well drained soil on plains at elevations of to allow moisture accumulation. Generally precipitation is 4,600 to 5,200 feet. It formed in mixed outwash deposits. too low for beneficial use of fertilizer. Included in mapping are small areas of soils that have a Stubble mulch farming, striperopping, and minimum til- dark surface layer. Some small leveled areas are also in- lage are needed to control soil blowing and water erosion. eluded. Terracing also may be needed to control water erosion. Typically the surface layer of this Olney soil is grayish The potential native vegetation is dominated by blue brown fine sandy loam about 10 inches thick. The subsoil grama. Several mid grasses, such as western wheatgrass is yellowish brown and very pale brown sandy clay loam and needleandthread, are also present. Potential produc- about 14 inches thick. The substratum to a depth of 60 tion ranges from 1,600 pounds per acre in favorable years inches is very pale brown,calcareous fine sandy loam. to 1,000 pounds in unfavorable years. As range condition Permeability and available water capacity are deteriorates, the mid grasses decrease; blue grama, buf- moderate. The effective rooting depth is 60 inches or falograss, snakeweed, yucca, and fringed sage increase; more. Surface runoff is medium, and the erosion hazard is and forage production drops. Undesirable weeds and an- low. nuals invade the site as range condition becomes poorer. In irrigated areas this soil is suited to all crops com- Management of vegetation on this soil should be based manly grown in the area, including corn, sugar beets, on taking half and leaving half of the total annual produc- beans, alfalfa, small grain, potatoes, and onions. An exam- tion. Seeding is desirable if the range is in poor condition. ple of a suitable cropping system is 3 to 4 years of alfalfa Sideoats grama, little bluestem, western wheatgrass, blue followed by corn, corn for silage, sugar beets, small grain, grama, pubescent wheatgrass, and crested wheatgrass are or beans. Land leveling, ditch lining, and installing suitable for seeding. The grass selected should meet the pipelines may be needed for proper water application. All seasonal requirements of livestock. It can be seeded into methods of irrigation are suitable, but furrow irrigation is a clean, firm sorghum stubble, or it can be drilled into a the most common. Barnyard manure and commercial ter- firm prepared seedbed. Seeding early in spring has tilizer are needed for top yields. proven most successful. In nonirrigated areas this soil is suited to winter wheat, Windbreaks and environmental plantings of trees and barley, and sorghum. Most of the acreage is planted to shrubs commonly grown in the area are generally well winter wheat. The predicted average yield is 28 bushels suited to this soil. Cultivation to control competing per acre. The soil is summer fallowed in alternate years vegetation should be continued for as many years as to allow moisture accumulation. Generally precipitation is possible following planting. Trees that are best suited and too low for beneficial use of fertilizer. have good survival are Rocky Mountain juniper, eastern Stubble mulch farming, striperopping, and minimum til- redcedar, ponderosa pine, Siberian elm, Russian-olive, and lage are needed to control soil blowing and water erosion. hackberry. The shrubs best suited are skunkbush sumac, Terracing also may be needed to control water erosion. lilac, Siberian peashrub,and American plum. The potential native vegetation on this range site is dominated by sand bluestem, sand reedgrass, and blue grama. Needleandthread, switchgrass, sideoats grama; and western wheatgrass are also prominent. Potential production ranges from 2,200 pounds per acre in favora- 960223 EXHIBIT I This soil is used almost entirely for irrigated crops. It is suited to all crops commonly grown in the area. Land leveling, ditch lining, and installing pipelines may be ble years to 1,800 pounds in unfavorable years. As range needed for proper water application. condition deteriorates, the sand bluestem, sand reedgrass, All methods of irrigation are suitable, but furrow ir- and switchgrass decrease and blue grama, sand dropseed, rigation is the most common. Barnyard manure and com- and sand sage increase. Annual weeds and grasses invade mercial fertilizer are needed for top yields. the site as range condition becomes poorer. -In nonirrigated areas this soil is suited to winter wheat, Management of vegetation on this soil should be based barley, and sorghum. Most of the acreage is planted to on taking half and leaving half of the total annual produc- winter wheat. The predicted average yield is 28 bushels tion. Seeding is desirable if the range is in poor condition. per acre. The soil is summer fallowed in alternate years Sand bluestem, sand reedgrass, switchgrass, sideoats to allow moisture accumulation. Generally precipitaiton is grama, blue grama, and pubescent wheatgrass are suita- too low for beneficial use of fertilizer. -ble for seeding. The grass selected should meet the Stubble mulch farming, striperopping, and minimum til- -seasonal requirements of livestock. It can be seeded into lage are needed to control water erosion. Terracing also clean, firm sorghum stubble, or it can be drilled into a may be needed to control water erosion. firm prepared seedbed. Seeding early in spring has The potential native vegetation on this range site is proven most successful. dominated by sand bluestem, sand reedgrass, and blue Windbreaks and environmental plantings are generally grama. Needleandthread, switchgrass, sideoats grama, suited to this soil. Soil blowing, the principal hazard in and western wheatgrass are also prominent. Potential establishing trees and shrubs, can be controlled by cul- production ranges from 2,200 pounds per acre in favora- tivating only in the tree row and by leaving a strip of ble years to 1,800 pounds in unfavorable years. As range vegetation between the rows. Supplemental irrigation condition deteriorates, the sand bluestem, sand reedgrass, may be needed at the time of planting and during dry and switchgrass decrease and blue grama, sand dropseed, periods. Trees that are best suited and have good survival and sand sage increase. Annual weeds and grasses invade are Rocky Mountain juniper, eastern redcedar, ponderosa the site as range condition becomes poorer. pine, Siberian elm, Russian-olive, and hackberry. The Management of vegetation on this soil should be based shrubs best suited are skunkbush sumac, lilac, and Siberi- on taking half and leaving half of the total annual produc- an peashrub. tion. Seeding is desirable if the range is in poor condition. Wildlife is an important secondary use of this soil. The Sand bluestem, sand reedgrass, switchgrass, sideoats cropland areas provide favorable habitat for ring-necked grama, blue grama, pubescent wheatgrass, and crested pheasant and mourning dove. Many nongame species can wheatgrass are suitable for seeding. The grass selected be attracted by establishing areas for nesting and escape should meet the seasonal requirements of livestock. It can cover. For pheasants, undisturbed nesting cover is essen- be seeded into a clean, firm stubble, or it can be drilled tial and should be included in plans for habitat develop- into a firm prepared seedbed. Seeding early in spring has ment, especially in areas of intensive agriculture. Range- proven most successful. land wildlife, for example, the pronghorn antelope, can be Windbreaks and environmental plantings are generally attracted by developing livestock watering facilities, suited to this soil. Soil blowing, the principal hazard in establishing trees and shrubs, can be controlled by cul-managing livestock grazing, and reseeding where needed. tivating only in the tree row and by leaving a strip of Rapid expansion of Greeley and the surrounding area has resulted in urbanization of much of the Olney soil. vegetation between the rows. Supplemental irrigation This soil has good potential for urban and recreational may be needed at the time of planting and during dry periods. Trees that are best suited and have good survival development. The only limiting feature is the moderately rapid permeability in the substratum, which causes a are Rocky Mountain juniper, eastern redcedar, ponderosa pine, Siberian elm, Russian-olive, and hackberry. The hazard of ground water contamination from sewage lagoons. Lawns, shrubs, and trees grow well. Capability shrubs best suited are skunkbush sumac, lilac, and Siberi- subclass Ile irrigated, IVe nonirrigated; Sandy Plains an peashrub. range site. Wildlife is an important secondary use of this soil. Ring-necked pheasant, mourning dove, and many non- game species can be attracted by establishing areas for nesting and escape cover. For pheasants, undisturbed nesting cover is essential and should be included in plans 51—Otero sandy loam, 1 to 3 percent slopes. This is a for habitat development, especially in areas of intensive deep, well drained soil on plains at elevations of 4,700 to agriculture. 3,250 feet. It formed in mixed outwash and eolian Rapid expansion of Greeley and the surrounding area deposits. Included in mapping are small areas of soils that has resulted in urbanization of much of this Otero soil. -]cave loam and clay loam underlying material. This soil has excellent potential for urban and recrea- Typically the surface layer is brown sandy loam about tional development. The only limiting feature is the 12 inches thick. The underlying material to a depth of 60 moderately rapid permeability in the substratum, which inches is pale brown calcareous fine sandy loam. causes a hazard of ground water contamination from sewage lagoons. Lawns, shrubs, and trees grow well. Permeability is rapid. Available water capacity is moderate. The effective rooting depth is 60 inches or Capability subclass !Ile irrigated, IVe nonirrigated; more. Surface runoff is slow, and the erosion hazard is Sandy Plains range site. low. 900223 EXHIBIT J VEGETATION INFORMATION The following is a the on-site inventory of existing vegetation: 2-1 200223 N. Hi( mm in qx40f�'"F k r,i ?tt,d ,o ,c, • a ,•1 s% " 4.4 l4 ,n v, in a1 , ♦,q 1j1ti1 e F kf fi �i. ! a 1 r q i rilf �7'S} k 1 �J `f 4f J k ,•40Q ,rt O401)41. ♦ ,F C l geigii 2 ',,,,,i ♦ co .,�. 0 n`.. 2 . y• p. . q 1 ,, ,-1 qi r•r ! I,, . triIL;, , ♦ b TV, 1 wk\hh ny'Jr, Itp1 f ' 4aI 8 Y y '9 � I 1e1, �9• tyr $`rh Fi EN riIU d /Yk ,Y r. 4•.�, ( OI F r q 1 , q 6r1 1 I yEryf4 ♦i ,'/A•..! N43•rL"��, ytiS � Ei i. 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U.S. Department of A, ' lture Page 1 So i I Conservation Sery i L . O'-'/0''/89 SOIL DESCRIPTION REPORT SURVEY AREA - WELD COUNTY, SOUTHERN PART, COLORADO Map Unit Symbol Description .1 /MOLLS AND AQUENTS, GRAVELLY SUBSTRATUM This map unit is on bottom lands and f I c'c'dp I a i ns of all major streams in the survey area. This unit consists of 60 percent Aquc' I I s and 35 percent Aquents so i I s . -These so i I s are deep , and poorly drained . They formed in recent alluvium. The surface is a mildly alkaline to moderately alkaline loamy or- clayey layer , as well as the underlying material which is underlain by sand or sand and gravel within 48 inches. The water table is at or near the surface , creating a hydr- i s so i I condition . The erosion hazard due to wind is low. 10 BANK.ARD SANDY LOAM, 0 Ti] 3 PERCENT SLOPES The E:ankar-d so i I is a deep, somewhat excessively drained soi i I . It is formed on floodplains from stratified recent alluvium. The surface is a sandy loam. The underlying material is a calcareous sand stratified with thin lenses c'T sandy loam, loam, and fine grave I . The Sc' i I s have moderately rapid perrneabi1ity. Their available water holding capacity is low. Roots penetrate to 60 inches or more. Runoff is slaw and the -erosion hazard due to wind is severe . 13 CASC:AJO GRAVELLY SANDY LOAM, 5 TO 20 PERC:ENT SLOPES The Cascajo so i t is a deep , excessively drained so i l . it is formed on terrace edges and upland r i d2es from very gravelly calcareous alluvial material . The surface is a sandy loam. The underlying material is a very gravelly sandy loam and very gravelly sand . The soi I s have moderately rapid perrneab i l i ty. Their available water holding capacity is moderate . Roots penetrate to 60 i nch_es or more . Runoff is slow to medium and the erosion hazard due to wind is severe. KIM LOAM, 1 TO 3 PERCENT SLOPES The Kim soil is a deep , we l l drained so i l . It is formed on rnoothi plains and alluvial fans from mixed eol ian deposits and parent material . The surface and subso i I is a loam. -The underlying material is a fine sandy loam. The so i l s have moderate permeability. Their available water holding capacity is high. Roots penetrate to 60 inches or more . Runoff is slow and the erasion hazard due to wind is high. 47 OLNEY FINE SANDY LOAM, 1 TO Z.: PERCENT SLOPES 900223 So i I Conservation Ser•' i ce SCS /Sry / 9 SOIL DESCRIPTION REPORT -SURVEY AREA -- WELD COUNTY, SOUTHERN PART, COLORADO Map Unit Symbol Description The Olney soil is a deep , we l l drained sco i I . It is farmed on smooth plains in mixed outwash deposits . The surface is a fine sandy loam. The subsoil is sandy clay loam. The underlying material is a calcareous fine sandy Ioarn. The so i I s have moderate permeability. Their available water hoIding capacity is moderate . Roots penetrate to 60 inches or more . Runoff is slow and the erosion hazard due to wind is severe . 51 OTERO SANDY LOAM, 1 TO 3 PERCENT SLOPES The Otero soil is a deep , well drained soil . It is formed on smooth plains in mixed outwash deposits . The surface is a sandy loam. The underlying material is a calcareous fine sandy loam. The so i I s have rapid permeability. Their available water holding capacity is moderate. Roots penetrate to C•Y.S inches or more. Runoff is slow and the erosion hazard due to wind is severe. 5'2 OTERO SANDY LOAM, 3 TO 5 PERCENT SLOPES The Otero soil is a deep , well drained soil . It is formed on smooth plains in mixed outwash deposits. The surface is a sandy loam. The underlying material is a calcareous fine sandy loam. The so i l s have rapid permeability. Their available water holding capacity is moderate . Toots penetrate to 60 inches or more. Runoff is slow and the erosion hazard due to wind is severe. Category Codes : soi 900223 CO-ECS 14/82U. S. Department of Agri-culture (]80-12-11) Soil Conservation Service • -Z.3\ettrnan • • -Conservationist 8-9-89 Date I RANGE J CONDITION INVENTORY 4r / ,J T _'1 RANGE SITE ipQRJQ/I.l ter cur u.� 301L UNIT 1(✓1�-Ceffn c.c�, LAND UNIT a km CDOCreeic. LOCATION OF INVENTORY MaY? %3Q-/,-(o(, Field Number Acres VEGETATION List of Plant Species $ composi- `70 0 WET- , tion by {p L LAND gasses and Grass-like weight (air- - �_ cwoo�y STt}Tus. — — -- dry) CoaeR geed kofedets (wag.udiAia rea) /5 20 fAC W Igeofeir 5S (d iZor!!] r>ec±ir]mis]i It /0 FACW jameeimn -ionbeue-,1'n _=�S 'ep s f/hrreicana) 6 _ OI3L a.te ,e r.)k e 1 T -anent {erne ( Rom. c noervntis) 7- 1- �eS _ ... _....-- ---------- 69 53 03 L. 4- S ?4C.__._ __-- -- — T- 7- CAL Rnchia 7 ... sr9rz stle T—J-- Cy spurie-T T T M—iLki / 7 Son-hr owe*'o1 `7" T I / L.� ur cat (o re T w;iarrl-1Uerloere. T T 7- Zat �illeca,� ribo e euil�ocAi atEont r�/ o5LG II Other Forbs and Traces (T) 5 /0 Totals • --- - /00 /O0 Vegetation Density $6 caArrj COvere., Annual Yield, Total Kg/ha I/ 1/45300 lbs/ac air-dry Major Animal Classes Planned for IAA •" Annual Palatable Yield, Total Kg/ha lbs/ac airdry . Annual useable Yield, Total Kg/ha — lbs/ac air-dry • Range condition class may Le lowered one condition class from Excellent,coorT— •Rr Fair when total annual yield is significantly (25%) below the site 's potential . " See Lac): page CO-ECS-2 4/82 165 • U. S. Department Dr Agriculturr (180-12-11) Soil Conservation Service Z.S rQYrigYl ' Conservationist 8-9-29 Date RANGE CONDITION INVENTORY *2 RANGE SITE nL't' Headed-) SOIL UNIT 'a._ L- i rcU i 7 $ cer11 LAND UNIT l tP-1 (1ntl(fe, LOCI:TSDN OF INVENTORY /vLJ.c/ 3g-(01--(06, Field Number Acres VEGETATION 7o composi- % - WET- List of Plant Species tion by -t toL LRND Grasses and Grass-like weight (air- caaac�.] • SSAlLL5 ______ __—___/.___— dry) CAJs.e . p :_ �DISi'i 5__Mi72le(t).) �' -o2 _ gri (Larry lxt tt Ym_ s _ /O _Rt tshes &Ja r I is sff � ��/� � 6 <I f IQaI RiQ,. 1]7SSCa') �,� 65' v.S. dew C ccpP n -�Rark you d) & �f/ FACtJ q) T cylddeaye lFAvmu-S nladpAlcls) T r- (Ccq�KaS&_ C,atc�a.�v_��c I i (n) __ _ T T ga, Ld c osecn .._.__..S �atu.s CeyprtaU1t[ r_ T _ S --'-- L� Y -n t itie R�1,5._ p Ron S m['M ai) /wean i _ (Al y,edn &_lrvlc�o±um ) 1 T- I T pm�a,cc?n_� A_ ' 15 Rruc amP4ibica t) 0 ! c osL Berl3.ea__ ,��sQ apt) -- r -- Fortis end Shcubs 63.x. `-r P .ee‘hilt T ... WbPfeV T b cerl r e%lkw ._Z_._To ` u �T_ R Q T I r 1Uag s ,)Leaf-1 isick T Prousecta +ove �esiT� T o ° Z'Jrron aDrc°, Shpt ,AI6S Other Forbs and Traces (T) efi,uo,dcc±1stf-(e ( 's (-) Totals __ IOU IOC , vegetation Density _ % c v-o ./1 �+e,R , h`1 Annual Yield, Total clha_ p flO lbs/ac air-dry Major Animal Classes Planned for 1.)�,4 • " Annual Palatable Yield, Total Kg/ha lbs/ac air-dry Annual Useable Yield, Total Kg/ha 1bs/ac airy--ddr 243' ry . Y-r22,4 Q.� ace a-&tCc k&o _.-Qf2➢m_ Zw.., rc,c�ert.JLouttD r Gr 1 Lre c-t°tiD7". U' zero Cray-,f c .ean.Em c JC& a. . co-ECs /fit U. S. Department of Agriculture (180-12-]1) Soil Conservation Service Z. a reMA fJ • • Conservationist 8-A-g9 CS+U _ IL RAUGI CONDITION INVENTORY 3 Date RANGE SITE e- (.4 Pc--t1P ) SOIL UNIT c‘.3 - ./". (Aents L/ND UNIT (1_,k t4 Chrcgje±e LOCATION OF INVENTORY' call 83--t--6-6 / (�J Field Number Acres VEGETATION % composi- to Of List of Plant Species tihn by �otok • Grasses and Grass-like weight (air- eriiuopy ----------- -- dry) -c N-ee —._ cun7 vtR - -r a / cut n tnein_r odaIr ct. ltstilfe_ke r2 ye �sSoon .e� 7' T I T 40 le•P,u"kJ inL wjotJMe3 �i/ CoO r-ut -rtni__:rii; PM-0J y Letftc €.2. / T Itilli ta>e.. / _1.__ 1-[SS231L� L IE n I n^�- a T .1)34 n e )Prno) r--2 / 7 Qm,�fo �� P). L'ara (t.LUoccis Other Korb; and T::aaccs (T) cg 'd Totals _ • . _ /DD /00 Vegetation. Density _211__!O obsoth.1 ce erc Annual Yield, Total Kg/ha p261 1bs/ac air-dry Major Animal _Classes Planned liar K.YA •" Annual Palatable Yield, Total Kg/ha lbs/-c air-dry Annual Useable Yield, Total_ Kg/ha _ lbs/ac tkr--dry ' 9f0 23 • Range condition class may _be lowered one condition class from Excellent, Good or Fair when total annual yield is significantly (251) -below the site 's -potential. " • See tact: page CO-EC5 4/02 D55 U. S. Department of Agriculture (180-12-11) Soil Conservation Service • t• Ella Conservationist R-q-84 Date RANGE CONDITION IIIVENT0RY#4 RANGE SITE ///)/(aKck ciRrtu)S SOIL UNIT L- nn„nL (S _ LAND UNIT CC/L' ChrteThejo-Ite LOCATION OF INVENTORY 3-e--(/ 3a-(D-a, / Field Number VEGETATION Acres composi- '/c th J List of Plant Species ti-on by f t0.( .._Grasses_ _:rc Grass-like uei-ghc (air- CC4NoPy- - --- dry) covee 12od teE nun -( i.5±An (nb " �u.*e\.r n ex ' F W%i In) C /3 �i tied NC�Vetl_G) / _S' • Forts end -Shine_ / 4$EU2.e _s-o / / Yuc .--- • I / eth[tzedl4 '.—._/ aLco±L Le- T GoUsaegoat -7-- T — 'PQR SkUN (,ak — C 1 .S- cStAr 1 n ( I T itined /CD 6b&rzsrnstoakeweind /q !S �Chritter14lawrey1 P(cn m ,S�tmor Totals ��Q N3 hart tef i a • • Ion ion Vegetation, Density "4-1Otrel Qa& py cost e - - Annual Yield, Total Kc/ha 906 lbs/ac air-dry Major Animal Classes Planned for 1\\iii " Annual Palatable Yield, Total Kg/ha lbs/ae air-dry Annual useable Yield, Total Kg/ha lbs/ac -air dry " Range condi-tion class may be lowered one condition class from Excellent, �r0000d or Fair when total annual y.Lc d is significantly (251) below the site 's potential. " Sse bac?: page CO-)ICS-2 • 4/82 TES U. S. Department of Agriculture Soil Conservation Service (180-12-11) rD.SIrteR ty • Conservationist 9 R9 R7i5E CONDITION INVENTORY .5 Date RANGE sin af�3ei o emc SOIL UNIT 13 _ ]J.ND UNIT a- LA'AT ION OF INVENTORY Field Number VEGETATION Acres • List of Plant Species composi- tion by Grasses and Gra;s-like ---- Wright (air- Csit,x4 dry) 'Coyde i31 ire a fRo ±kUlstiPLQttn gi2f2c ; t rs 9- 95 93 C�5C�"`to` y art hYSIxl Tetrri ---------------- • = tok G I T a u-�cian��-Elc� a 9 Skek-Q ,n-- T Other rorbs and T_rLs (T) / Totals--- — / • /OU /00 Vegetation Density 41(.1% -{ tat CY ,uc y Annual Yield, -Total Kc/ha s5-6Q lbs/ac air-dry • Major Animal flasscs Planned _for " Annual Palatable Yield, Total Kg/ha �— lbs/ac air-sJry Annual Useably Yield, Tosal Kg/ha _— lbs/ac air-dry * Range tonditban class may be lowered _one condition class900223 or Fay- when total annual yield is significantly from Excellent,eSil Good . . Stack (='57.) below the siYc 's potential . See page EXHIBIT K CLIMATOLOGY REPORT NO. 77- I GFaELEY 05 3546 4 COLORADO CLIMATOLOGY OFFICE COLORADO 3T,t.TE UNf'IL 3 T'Y FT. COLLINS, CO. 80513 TEMPERATURE I F1 PRECIPITATION IINC#irS) `E:5 E"RS PEA.': :: Or DAYS $T.t.,S-TST 1,02, 1.: Or :Ar5 VA/ Mi:: -A- 1-Jr "F 14'124 y Eta 0 T, 6 a-- 44-,- OS a 'it yW OL. Oy00 1110 0y0 _?• 4 a z •o C �J.,_us.La 1Y �Z rr 1S ax f p CJ > -0 O• NL M oO S 00 f O L so Ji a .t�.r -T US'. 3:.: CO 23.9 67. 105512 -30. 106211 0.0 9.4 31.0 7.5 .27 .35 1062 0 3.0 9. 195630 1.0 0.0 1.: FEB 43.7 74.79.2 75. 7954 9 -30. 1951 1 0.0 5.4 27.9 2.6 .20 .42 1959 II 3.1 6. 1970 29 1.1 0.0 0.0 MAR 3i.: 20.S 35.0 IC. IOU 29 -19. 1960 3 0.0 -3.729.3 1.4 .71 ;831961 28 11.5 II. 105926 IA .2 0.0 APR 60.11 32.4 46.6 05. 106022 0. 1957 9 0.0 .6 75.1 .1 1.06 7.50 1957 2 3.3 14. T05372 23 .3 .2 MAT 12.2 43.4 57A -95. 165427 23. 7954 2 .0 .1 7.9 0.0 2.37 1.90 196430 0.0 0. 0 0 4:7 1.5 .4 .:: 92:752.: 67,4 106. 195424 32. 1954 3 1.7 0.0 .7 0.0 1.71 2761 1962 30 0.0 0. 0 0 331 1.0 .5 1 : 9ii 57.3 73,,6 105. 1954 17 J0. 1952 1 76.4 0.0 0.0 0.0 130 1.37 1967 I 0.0 0. 0 0 3.0 .7 .2 1 A:: -86Z7 54.7 70.7 10C. 1955 7 739. 1964 20 71.5 0.0 0.0 0.0 133 7.13 1063 19 0.0 0. 0 0 3;2 .5 .1 SEP 70.: 44.6 61.4 #i. 7954 1 :6. 1965 19 3.6 0.0 7.6 0.0 725 1.60 1963 21 .5 0. 0 0 3.2 1.0 .2 ..7 67,{ 33.1 50.4 Y9. 1953 2 13. 1954 31 0.0 .1 14.4 0.0 :75 .94 1960 10 .7 2. 1951 6 2.1 .5 0.0 7::; 30.1 20.2 55.2 77. 1965 7 -16. 1952 27 0.0 3.6 29.2 A 39 .49 7955 II 3.2 10. 1956 20 1.5 0.0 0.0 :EC 42.: :3.1 27.6 69. 7964 24 -19. 1954 20 0.C 6.7 311,9 2.9 2D .56 1959 72 3.0 12. 1959 73 1.0 .7 0.0 4::1.4. 63.5 323 46.2 143. 29. 797. 15. 71.7 27. 29. 6. 1. I PRECIPITATION VI1N PRO MABILITY EQUAL ON LESS THAN P806, LEVEL JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC ANNUAL .05 0.00 0.00 , 0 .10 .44 .12 ,1p .14 0.00 0.00 0.00 0.00 6 .10 .04 .11 .1' '1M .66 ,47 ,2p ,2A .09 .05 .30 09 .20 .35 .47? 1.90 .72 .47 .42 ,29 .17 0.00 .01 7.92 .30 .I4 .2r 36 1.32 96 .65 .61 .40 .26 .21 .09 9.81 .63 1.65 .19 .84 N1 .69 .41 .28 .14 10.62 .23 .27 .51 81 2.00 1.4♦ 1.05 1.03 .V7 .55 .34 ,19 I1 42 410 .28 .31 .81 1.03 2.41 1.73 1.20 .71 .42 . 6 12 • 07 1.3 2.49 2.00 1.59 1.52 1.55 .92 .50 ,35 13,19 .90 .57 ,4n .05 2.7.EM 3.53.5 3.24 54 1.99 2.16 2.031.21 4 0 ,61 .47 ♦.35 . I .95 .70 .55 0.80 7.44 5.55 3.99 3.28 3.52 3.63 .16 .99 .99 7.57 i AL`PHA 1.82 4.42 1.53 1.31 2.09 2,10 1.65 1,41 1.25 1.24 2.54 1.02 12.74 9EiA .l6 .06 .44 .8D 1.14 .62 .79 ,94 1.0T .64 .17 . .91 • 9 .06 .06 0.00 0.00 0.00 0.00 6.00 0.00 .06 .06 .13 .06 0.00 MIXED GAMMA tIATMTRp1 I0•: FITTED TO DATA } - ALPHA. NMAPE PARAMETER ETA: $64LE PARR _Tro 04 NO. Cr MOYaM5 60%41\6 7E66. P,rC:P:14Tr n/T11:, NO Or v7, --7 MEDIAN PRECIPITATION AMOUNTS ARE 11731t 1-L AT THE .50-PROdABIL7TY LEVEL 1 I 9®-0223 EXHIBIT L RECLAMATION COSTS These reclamation costs are based an the maximum amount of disturbance which would occur -during the mining operation. We have identified this point when the mining in Bhase 2 is complete , the plant has been -relocated to the second site but the initial site is not reclaimed, and mining has started on Phase 3. As a reference for areas, see the Disturbnce Table in Exhibit D. She access and haul roads will to left for use by the ditch -company, W.A.P.A. , and the water reservoir -owner. Major Distrubance -Item Cost No. Item Amount Units Unit Cost 1 . -Place and compact clay liner, 1200 L.F . of 8 acre area 1120 CY -$ 1 . 23 $8,900.00 2 . B ackfill slopes to 3: 1 and 2 : 1 configuration, 1200 L.F . -of 8 acre area 9840 CY $ . 80 $7 ,872 .00 3. Replace overburden on 3 acre stripped area, 2 ' deep 9680 CY $ . 80 $7 ,744 .00 .4 . Scarify overburden stock- pile area, 2 acres 9680 SY $ . 15 $1 ,452 . 00 5. -Spread topsoil around 8 acre hole , on 3 acres stripped area, on 2 acre stockpile, 8 inch deep £894 CY $ .B0 $3,313 . 20 6 . Seed, fertilize , mulch 6 . 4 AC $500.00 $3,200.00 SUBTOTAL $34,-683. 20 900223 L-1 Moderate Disturbance Item Cost No. item Amount Unit Unit Cost Scarify 2 plant sites -and office, 20. 5 acres 99, 220 SY $ . 15 $14, 883. 00 Replace topsoil on 2 plant sites and office 20. 5 acres, 8 inch deep 22 , 195 CY $ . 80 $17 , 727 .20 Seed, fertilize , mulch, 20. 5 acres 20 . 5 AC $500.00 $10, 250. 00 Access roads to remain 0 $ - 0 - SUBTOTAL i $42 , 860 . 20 Minor Disturbance Item Cost No. Item Amount Unit Unit Cost Seed, fertilize , mulch last segment of Phase 2 -mining 1 AC 1500.00 $ 300.00 Reseeding . 5 AC -$500.00 $ 252 . 00 SUBTOTAL 1 750 . 00 GRAND TOTAL 178, 293.40 Total disturbance at any time - 27 . 0 acres Reclamation cost per acre - 12, 900.00 L-2 900223 UIWAT 0 *Luck ceucti SC-HEDULE A Amount of Insurance: -$325 ,000 . 00 ipolicy No. : 8027187 Date of Policy September 30, 1988 Order No. : Same 7 :D0 A.M. 1 . Name of Insured: C & M READY MIX CONCRETE CO. OF BOULDER, a Colorado Corporation 2 . The estate or interest In the land described herein and which is covered by this polity As: IN FEE SIMPS,E 3 . The estate or interest referred to herein is at Date of Policy vested in: C & M READY MIX CONCRETE CO. OF "BOULDER, a Colorado Corporation 900223 SCHEDULE A - Continued The land _referred to in this policy 1s situated in the State of Colorado, County of Weld, and is described as follows : All that part of the N1/2 and the N1/2 of the S1/2 of Section 32 , Township 6 North, Range 66 West of the 6th P. M. lying North of the Cache La Toudre River and West of the following described line : COMMENCING at the Northeast corner of said Section 32 and considering the North line of said Section 32 to bear N90' 00 ' 00"W and with all other bearings described herein being relative thereto; thence N90' 00 ' 00"W along the North line of said Section 32 , a distance of 1 , 918 . 10 feet to the TRUE POINT OF BEGINNING; thence S00' 45 ' 07"E, 1 , 140 . 00 feet, more or less to the existing center of the -Cache La Poudre River and the terminus of the line; EXCEPT that parcel of land as conveyed to Roxena Von Trotha by Warranty Deed dated November 18, 1965 and recorded November 24, 1965 in Book 554 as Reception No. 1476288, Weld County Records, EXCEPT that parcel of land as conveyed to D and E Investment Company _by Quit Claim Deed dated November 27, 1974 and recorded November 29, 1974 in Book 727 as Reception No. 1649367 , Weld County Records . EXCEPT that parcel of land conveyed to Weld County, Colorado, a Body Corporate and Politic in Warranty -Deed recorded June 12 , 1980 in Book 905 as Reception No. 1827326, described as follows : A tract of land in the W1/2 of Section 32, Township 6 North, Range 66 West of the 6th P.M. , Weld County, Colorado, and being more particularly described as follows : BEGINNING at the Northwest corner of Section 32 and running along the West line of Section 32 S0 ' 00 ' 19"W, 2 , 249 feet more or less to the center of the Cache La Poudre River; thence S71 ' 00 '00"E along the center of the Cache La Poudre River 31 . 73 feet to the East right-of-way line of Weld County Road 27 to the POINT OF BEGINNING; thence S71 ' E along the center of the Cache La Toudre River 8 . 85 feet to a point; thence NO' 45 ' 56"W, 622 .53 feet to a point on the East right-of-way line of Weld County Road 27; thence along the East right-of-way line of Weld County Road 27 , S0' 00 ' 19"W, 619. 99 feet to the TRUE POINT OF BEGINNING. 900223 PAGE 2 8027187 f ( EXHIBIT O June 22 , 1989 MINING AGREEMENT RECEIVED JUL 13 7929 "THIS AGREEMENT is made and entered into this 26th day cf June, 1989, by and between Ed Orr, hereinafter called "owner" and C & *i CONCRETE COMPANIES, a Colorado Corporation, hereinafter called "miner" . WITNESSETH: WHEREAS, Owner is the owner of minerals contained within property described in Exhibit A and _ WHEREAS, the parties desire to set forth in writing the terms and conditions under which mining shall take place, NOW, THEREFORE, in consideration of the keeping -and performance of the convenants and agreements contained herein, the parties agree as follow: 1 . RIGHT TO MINE. Owner specifically authorizes the Miner to extract sand, gravel , excess topsoil , and overburden from the Exhibit A property for a period of 15 years commencing with the date hereof. Any other minerals recovered in the process of mining sand and gravel, become the property of Miner. 2. CONSIDERATION. Miner shall pay to Owner a royalty per ton of material removed from the property equal to the current market value when mining commences. Such royalty shall be payable on or before the 25th of the month following actual removal of the material. Accurate records -of the amount of material removed each month shall be maintained by the Miner. 3. ESCALATION. The royalty rate shall be increased on an annual basis by the increase in the Consumer -Price Index (CPI-U Denver Area All Items) , which regional index is published semi-annually by the United States Department of Labor. -4. PERMITTING. Owner will be solely responsible for all cost of obtaining the necessary permits for the proposed operations . All costs of the mining operation and reclamation activities shall be borne by Miner. 5. NON-INTERFERENCE. Owner agrees not to construct -or to allow to be constructed any permanent structure or improvement or any temporary structure or improvement or to engage in any activity on the Exhibit A property that would interfere with the Miner's use of the property. 9U0223 V. 4 6 . ASSIGNMENT. Miner has the right at any time during the term of this agreement to assign all or any part of its rights hereunder, with the consent of the Lessor, which consent shall not be unreasonably withheld. 1 . NOTICES. Any notice required or permitted to be given by the provisions hereof and all payments from one party to the other shall be sufficient if mailed, postage prepaid, and addressed to the other party at the following addresses: Name Address C & M Concrete Company P.O. Box 490 Niwot, CO. 80544 Ed Orr BO1 8th St. Suite 230 Greeley, CO. 80631 8. SUCCESSORS. The terms and conditions of this agreement shall inure to and be binding upon the assigns and successors of the parties hereto. 9. WATER RIGHTS. The Owner shall be responsible for providing any ditch or water rights which are required to compensate other water users for the effect of the mining operation or reclamation plan upon water rights of others and such water rights as are required for Miners ' processing activities and for dust control . 10. INSURANCE. The Owner agrees to indemnify and save Miner harmless from and against all liability, damages and judgments arising from injury during the term of this lease agreement to person or property occasioned by the activities, acts or omissions of Miner. Miner shall further defend and hold and save the Owner harmless from any civil or criminal claim against Owner as a result of the activity of _Lessee, including the violation of conditions of any permits or licenses or claims of damages or loss or for personal injuries . To secure its obligation for protection against claims which may be asserted against Owner, Miner agrees to maintain in full force and effect during the term of this lease agreement workmen's compensation insurance and liability insurance in a form approved by Owner at a reputable insurance company authorized to do business in the State of Colorado for a minimum coverage of at least $500,000. 00. 11 . RECORDING. The parties shall not record this agreement without the written consent of the other party. Any recording without such consent shall be of no force and effect and shall be void. page 2 260223 1 \ IN WITNESS WHEREOF, the parties hereto have sinned this agr-eement as of the day and year first above written. C & M Concrete Companies By: Davi . Nystro President Ed Orr By: C-y -, Ca- Ed Orr 900223 EXHIBIT Q The City of Greeley, Color-ado lies within two ( 2 ) miles O1 the -WW Farm Site . Q-1 -1u0223 nir _ TUTTLE APPLEGATE RINDAHL, INC. Consultants for Land and Resource Development September 20, 1989 RECEIVED North Weld County Water District SEP us 1939 P . O. Box 56 Lucerne , CO 80646 RE : Mining Setback From Waterline Dear Sir/Madame: Our firm is preparing applications for sand and gravel mining near a North Weld County Water District pipeline that is -situated in the right-tf—way along the west wide of Wel-dtotnty Road 29 (71st Avenue ) . Thls area is in the NW 1/4 SW 1/4 of Section 33, T6N, R66W. An aerial photo/mining plan is en-closed to acre fully explain the proposed operation. We are proposing to sine within 23 feet tf the 6" diameter water .pipeline . This 25 foot setback combined with a stabsllzed 3: 1 resultant slope should be adequate to maintain - waterline etructural integrity. Post mining land usage will be a lake with a stabilized shoreline . Befora mining begins near the existing -waterline along 71st Avenue, the pipeline will be field located and marked to insure no damage to the waterline occurs. Please sign below where indicated to confirm the acceptability of the 25 foot eetback. Cordially, TUTTLE APPLEGATE, INC. 6t J. 7 Gary J. Tuttle GJT/cr Enc. cc: File •S9-111 A 25 foot setback for surface minin-g from the North Weld County Water District 3" diameter waterline in NW 1/4 SW 1/-4 Section 33, T6N, R66W is acre-pt-able by he,North Weld County Water District. Sign Da e 900223 I TUTTLE APPLEGATE RINDAHL, INC. Consultants for Land and Resource Development September 20, 1989 Associated Natural Gas, Inc. 1335 Eighth Avenue RECEIVED Greeley, CO 80631 RE: Mining Setback 4 D 07 19;.31 Dear Sir/Madame : Our firm is preparing applications for sand and gravel mining near an Associated Natural Gas pipeline . This mining will occur within the 200 foot setback required by the Mined Land Reclamation Division. The proposed operation would bring mining to within approximately 150 -feet of the Associated Natural Gas pipeline that is located along the east side of 71st Avenue in NW 1/4 SW 1/4 Section 33, T6N, R66W. Since 71st Avenue lies between your pipeline and the mining operation, the mining that would occur will not have any impact upon the pipeline . An aerial photo/mining plan accompanying this letter more fully explains the proposed operation. Final land usage of the area mined would be a lake with a stabilized shoreline with 3H: 1V slopes. As previously mentioned, we are informing you of this operation because the proposed mining would extend closer than the Mined Land Reclamation Division 200 foot setback. Variances to this setback are frequently asked for when mining operations do not impact man-made structures closer than 200 feet. Please sign below where indicated to confirm the acceptability of the 150 foot setback. Cordially, TUTTLE APPLEGATE, INC. Gary Of. Tuttle GJT/cr Enc. cc: File *89-131 A 150 foot setback for surface mining from the Associated Natural Gas, Inc. pipeline located in NW 1/4 SW 1/4 Section 33, T6N, R66W, Weld _County, Colorado is acceptable by Associated Natural Gas, Inc . Sned Date 900221 1 w rs w r� iremr w r� TUTTLE APPLEGATE RINDAHL, INC. Consultants for Land and Resource Development September 20, 1989 RECEIVED Mr. Gene Rempel Public Service Company sEP oprj19(a9 Engineering Supervisor 1500 Sixth Avenue Greeley, CO 80631 RE : Mining Setback Dear Mr. Rempel: Our firm is obtaining permits for a sand and gravel operation in NW 1/4 Section 32 and SE 1/4 Section 33, T6N, R66W in Weld county. The enclosed map more fully explains the location and -operation. As a part of this mining operation we are proposing to mine within 25 feet of Weld County Road Rights-of-Way 27 and 64 . Public Service Company powerlines are located within these Tights-of-way. This 25 foot setback and the resultant stabilized slopes will not adversely affect PSCo powerline structural integrity. Post mining land usage will be a lake which will not adversely affect Public Service Company interests. Please sign below where indicated to confirm the acceptability of the 25 foot setback. Cordially, TUTTLE APPLEGATE, INC . am/ J.ia Gary J. Tuttle GJT/cr Enc. cc : Tile *89-131 71 25 foot setback for surface mining proposed from Weld County Road right-of-way in NW 1/4 Section 32 and SE 1/4 Section 33, T6N, R66W in Weld County, Colorado is acceptable to Public Se c Corn ny f Cal rado. o442..- OJAI/Mt 9 -02,6 —act Signed Date v c o w 3 11990 Grant Street Suite 410 fenver. rnlnraAn RS111 AF9-CC11 BOARD OF COUNTY COMMISSIONERS 1/3/90 COPY OF NOTICE MAILED FIRST CLASS TO: WELD COUNTY COLORADO P. O. BOX 758 GREELEY, COLORADO 80632 TUTTLE APPLEGATE, INC. 11990 tRANT STREET, SUITE 410 DENVER, CO 80233 x00223 Hello