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Address Info: 1150 O Street, P.O. Box 758, Greeley, CO 80632 | Phone:
(970) 400-4225
| Fax: (970) 336-7233 | Email:
egesick@weld.gov
| Official: Esther Gesick -
Clerk to the Board
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910134.tiff
_ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A SAND AND GRAVEL MINING OPERATION - HALL-IRWIN CONSTRUCTION COMPANY WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 27th day of February, 1991, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Hall-Irwin Construction Company, P.O. Box 649, Greeley, Colorado 80632, for a Site Specific Development Plan and Special Review Permit for a sand and gravel mining operation on the following described real estate, to-wit: Part of the NE/4 SE/4 and SE/4 NE/4 of Section 31, Township 6 North, Range 66 West of the 6th P.M. , Weld County, Colorado WHEREAS, said applicant was represented by Gary Tuttle, Attorney, 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 24.3 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 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. 910134 i , Page 2 RE: USR - HALL-IRWIN CONSTRUCTION COMPANY 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 sand and gravel mining, agricultural production, oil and gas production, and residential home sites. D. The proposed use will not have an adverse affect on the existing nd 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. E. Part of the special review permit site is located in the 100- year floodplain. 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 a sand and gravel mining operation on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1. The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 15 days of approval by the Board of County Commissioners. 910134 Page 3 RE: USR - HALL-IRWIN CONSTRUCTION COMPANY 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 the mining operation. B. An emissions permit has been approved by the Colorado Department of Health for fugitive dust and source emissions. C. An NPDES permit has been approved by the Water Quality Control Division of the Colorado Department of Health. D. All required permits have been approved by the Army Corps of Engineers. E. A dust abatement plan has been approved by the Weld County Health Department. F. An off-site Road Improvements Agreement shall be approved by the Board of County Commissioners. The Agreement shall mitigate impacts generated on Weld County Roads 27 and 62.25 by this mining operation. The agreement shall include the type of road improvements, the applicants share of the improvements, means of financing, and time frame for construction. 4. The plat shall be amended to show the following: A. A note stating, "The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities related to mining and reclamation are, therefore, under the jurisdiction of the Mined Land Reclamation. However, Weld County has jurisdiction of those matters outlined in the Development Standards". B. A 20-foot road reservation west of and adjacent to the right- of-way for Weld County Road 27 and north of and adjacent to the right-of-way for Weld County Road 62.25. Both reservations shall be shown along the entire length of the property. 910134 Page 4 -RE: USR - HALL-IRWIN CONSTRUCTION COMPANY The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of February, A.D. , 1991. A 1 / 1 BOARD OF COUNTY COMMISSIONERS ATTEST: " �� WELD COUNTY, COLORADO / 07Ftut��f /U V1X✓r:4,W Weld County Clerk to the Board (EXCUSED) Gordon E. Lacy, Chairman/BY: (1W" Geo ge Ke edy, Pro-Tem Deputy Clerk to the B6 i gorn1.24.7to sweta, APPROVED AS T(t FORM: Constance L. Harber /2 EXCUSED DATE OF SIGNING C. W. Kirby , County Attorney 4)1/ 11.) W. H. Webst r 910134 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS HALL-IRWIN CONSTRUCTION COMPANY USR-927 1. The Site Specific Development Plan and Special Review Permit is for an open-pit gravel mine and 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 only access Weld County Road 27. The haul route shall be Weld County Road 27. A. The open-pit gravel operation shall comply with the operation policies outlined in Section 44.4 of the Weld County Zoning Ordinance. 3. The property shall be maintained in compliance with the Weld County Flood Hazard Overlay District requirements. 6. All liquid and solid waste shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. No permanent disposal of wastes shall be permitted at this site. 7. The special review permit site shall be maintained in compliance with the required Emissions -Permit obtained from the Air Pollution Control Division, Colorado Department of Health, for fugitive dust and emissions. 8. Overburden and top-soil materials shall be handled and stored in a manner that controls fugitive dust, blowing debris, and other potential -nuisance conditions. Dust shall be controlled on all haul roads, so that it does not constitute a nuisance to adjacent property owners. Fugitive dust must _be controlled on this site and in accordance with the approved dust control plan. 9. The Special Review Permit site shall be maintained in compliance with the required NPDES permit obtained from the Water Quality Control Division of the Colorado Department of Health. 10. The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A) , as measured according to 25-12-102, C. R. S. , as amended. 11. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 910134 Page 2 RE: DEVELOPMENT STANDARDS - HALL-IRWIN CONSTRUCTION COMPANY 12. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 13. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 14, personnel from the Weld County Health Department and k]eld 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. 15. 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. 16. 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. 91-0134 HEARING CERTIFICATION DOCKET N0. T1-09 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A SAND AND GRAVEL MINING OPERATION - HALL-IRWIN CONSTRUCTION COMPANY A public hearing was conducted on February 27, 1991, at 10:00 A.M. , with the following present: Commissioner Gordon E. Lacy, Chairman - Excused Commissioner George Kennedy, Pro-Tem Commissioner Constance L. Harbert Commissioner C. W. Kirby Commissioner W. H. Webster Also present: Acting L1-erk to the Board, Carol -Harding Assistant County Attorney, Bruce Barker The following business was transacted: I hereby certify that pursuant to a notice dated Tebruary 4, 1991, and duly published February 7, 1991, in The New News, a public hearing was conducted to consider the request of Hall Zrwin Construction Company. Bruce Barker, Assistant County Attorney, made this a matter of record. Rod Allison, Current Planner, represented the Department of Planning Services. -He asked the recommendation of the staff and the Resolution of the Planning Commission be entered into the record with "a dust abatement plan has been approved by the Weld County Health Department" added to Condition 113 of the Planning Commission Resolution. Gary Tuttle, Attorney, represented the applicant, and stated they were agreeable to this. He gave a brief overview of the sand and gravel operation, as well as the reclamation plans. Bill Brooks, from Brooks Exploration in Denver, stated that there is an oil and gas lease existing under the land and there is planned development. Mr. Barker assured the Board that the rights of the leasee are _protected in matters such as these. Scott Perkins, surrounding landowner, expressed his concern over the dust abatement procedure, as well as road maintenance on Weld County Roads -2.25 and 27. The Planning Commission Resolution, as amended, refers to the site only. The Road Improvements Agreement includes dust control on the haul route. Mr. Tuttle explained that the haul route is directly onto 83rd Avenue, and Weld County Road 62.25 does not enter into it. Mr. Tuttle stated that, as a courtesy, the applicant would take care of the overall dust impact in the area. Mr. Perkins stated that he is concerned about the overall dust impact, since this will be the third gravel _operation in a small area, and he has heard of no guarantee that the county will definitely be paving 83rd Avenue. Commissioner Harbert explained that 83rd Avenue, or Weld County Road 27, is in the engineering process at the present time, and they are working on straightening out one -of the intersections. She believes that it will be bid in approximately 3-4 months. Commissioner Kirby said the process for the Special Improvement district is the key to the timing and asked for the current -agreements, if available, regarding dust -control on Weld County Road 27. Mr. Allison explained that is Item 112 of the Road Improvements Agreement, and explained that interim maintenance is also a part of that Agreement. -Commissioner Kirby stated that, since this pit is just now opening, it will be some time before this pit will have an impact on the dust. Mr. Tuttle explained that they are planning on 1994 or 1995 before this pit is fully operational. Glen Webster and Wilbert Firestein, surrounding landowners, also stated that their concerns are the same as those o£ Mr. Perkins. Commissioner Webster asked about the reclamation plans. Mr. Tuttle explained that they are planning for a wildlife habitat area around the lake, with a few clumps of trees and gentle slopes into the lake to allow aquatic plants. He explained that they plan on doing in-progress reclamation, and plan on about 2.5 - 4 acres per year being mined and reclaimed. Commissioner Harbert questioned whether a condition should be added to have the mining begin on the north side and the area around the T10134 Page 2 RE: HEARING CERTIFICATION - HALL-IRWIN -CONSTRUCTION river be reclaimed as soon as Tossible. Mr. Tuttle explained that the Mined Land -Reclamation Permit received from the State shows them working in a southeasterly direction. It also shows the applicant to fie xommitted to in-progress reclamation. George Hall, applicant, reiterated that this condition is already in place through the State Mined Land Reclamation Plan. Commissioner Kirby moved to approve the _request of Hall-Irwin Construction Company for a Site Specific Development Plan and Special Review Permit for a sand and gravel mining operation, based on the recommendation of the staff and the Planning Commission, with condition of Approval #3 revised to include a sentence stating "a dust abatement plan has _been approved ly the Weld County Health Department", and the second item in 114 deleted, since it would no longer apply. The motion was seconded by -Commissioner -Webster, and carried unanimously. This Certification was approved on the 4th day of March, 1991. jet4e17 APPROVED: ATTEST: � BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld Count Clerk the Board Y _ //✓ (EXCUSED) BY / ' �/�ti���/ Gordon E. Lacy, Chairman Deputy lerk to the Board 1 2 George K nnedy, Pro-Tem TAPE #91-04 71y/S-rdr�raf /l-3(-(cd� Constance L. Harbert DOCKET *91-09 EXCUSED C. W. Kirby P1.0043 W. H. Webster 910134 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will Be held in the Chambers of the Board of County Commissioners cf Weld County, Colorado, Weld County Gentennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the -time specified. All persons in any manner interested in -the Site Specific Development Plan and Special Review Permit are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedirrgs, in addition to the taped record which will be kept during the hearing, the Clerk to -the Board's Office shall be advised in writing of such action at least five clays prior to the hearing. The cost of engaging a court reporter shall be borne by the a--equesting party. BE IT ALSO KNOWN that the text and maps so certiTied by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. DOCKET N0: 91-09 APPLICANT Hall-Irwin Construction Company Post Office Box 6413 Greeley, Colorado 80632 DATE: February 27, 11391 TIME: 10:00 arm. REQUEST: Site Specific Development Plan and Use by Special Review Permit for a sand and gravel mining operation. LEGAL DESC-RIPTION: Part of the NE/4 SE/4 and SE/-4 NE/4 of Section 31, Township 6 North, Range 66 West of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .Z5 miles northeast of the City of Greeley; north of and adjacent to Weld County Road 62-1/4 and west oT and adjacent to Weld County Road 27 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE -BOARD BY: Cathy Flot, Deputy DATED: February 4, 1991 PUBLISHED: Feburary 7, 1991, in The New News el04-34 . .. . ,, _ _ L . STATE OF COLORADO 1 )s.i. COUNTY OF -WELD ) David B. Reynolds, being dully sworn, says that he is publisher of The New News, a weekly newspaper published in Keenesburg in said County NOTICE and -State; that -said newspaper has a pa,ugrit to the ao"t"B tam w general cir_sul-ation in said _County State a Coloradoord.an a pdli c and has been contirously and Coumy "i�acatn�ty uninterruptedly published therein, �s�n f r_ tennis. during a� period of at least Colorado, Wets C°mt'� s? st Center 91b at6 orSad'at the fifty—twa -consecutive weeks prior to Floor,zC�l',Au col sons in Liz the fir_et publ icati_on of the -anne-xed time �oF, end p noticed that said Haws d r is a Spes t Revyew Per fro are newspaper within the -meaning of the �area w attmaana "'a5' b` q should the tlity n_-desire aQ c act of the General Assembly of the interested lart5 reporter to State of Colorado,. _entitl-anti "-An Act � recut; the tni aped a� to regula#re the pri-n-ting -0f legal Ashtein 5�`im be tthe"ttoeni notices and advertisements, " -and a"°` tTised mtw+r amendments therato; that the notice prtorw "g' rshaB ba of A.thi-ch the annexed is a printed bl' �m°t copy t-ak�n -fr-0m said newspaper, was t 1p0p° �° "`mt� i°" published in said newspaper, and in mi5� s■810m�era xo1:1 ttte regular and _entire issue of c`arn��t� tai °' iel Center, every -lumber thereof , sa1xhC°mVra Floor, Greek N�°91:ag tlaLLdrwN once a week for I ap. 5•,CoIKE rce Beoa 849 succ_essivw week-s; tha-t said notice 'ms32 _,- was _so DATE: February 87,1991 u publi_shed in said newspaper TINE: 19.99 re y proper and not 3n any supplement Dcelo�iew p81ytcor e therEaf ,, and that the first a rLVD m ONN: Pat et publication of said notice as the— „hip -6 North, aforesaid, was on the �nBtWtoto°iaa 6th tp•Nl•' {/- 25 LGCATIONt: //d`t�h#e�"-City �a day _of_ 1 l'15 `, 19 4 i , Cr`seele non. ----'-stir`aI mama _ ty M�d dlace"t te Weld re OATA and the last -on th-e -day of lloaezi BOCCO IONLM L,, WELD COUNTY,D1...-- BNO 1 '�i wEIDBY: DONALDsxx vora 04-,)/g 9 r � c -C� BY: Cathy net Deputy February'<-,199{ PUBIY�D. February' 7. 1991, in The New News. Subscri-bed and swbrn� before V me this 1� slay of , 1947._. H'7'" ,r2 Affidavit of Publication STATE OF COLORADO ss. County of Weld, 1, Anita C. Fletcher of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY DAILY TRIBUNE, and THE GREELEY REPUBLICAN that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days) XilBVIY4Q; that the notice was -published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a d. f ,Vt �' supplement thereof; that the first publication of said a the tool a c yo,ybdWildCordsColorado,yty notice was contained in the issue of said newspaper Cowityxentemilet ate 10th Street.Find Floor.Greeley, bearing date Coined%at we ens ,w genre in env now pderested In Ninth the Slap Bpeetla ,aat6greaWtiwtea.Peunh we le the appaeent weed fitkarencl Dane desire the preesnetraf a court Sent to MS.* ient of the proar.Itya,maWdltlon to the day of February -A.D. 19 91 • tips reserve what wet hi Wet during-theining,the-Glair to the gene'7M16ddiegbiadvwdlnwNbgof web action at West five days and the last publication thereof; in the issue of said per to the liWthri of enraging a seat teprter,ahali be bare bYmrea - newspaper bearing date the BE n ALSO �11e tent aM maps so esratlled_by the Weld. Ninth may be examined in the Mee of the Clerk :io tlu ndalonee,boated In the-Weld County CenteeW oStreet,,lldrdFber,&taw OabMo. Dorx�rib:dtm APPLtcAptr _. day of February A.D. 19 91 • P Obintruetbn Company that said The Greeley Daily Tribune and The Greeley c+esbg Cobredo tbB32 Republican, has -been published continuously and DATE:February 27,1991: TIME:1000 am uninterruptedly wring the period of at least six RUMEN:Xt.fOW*Dawbpnr Plea end Bee BY See d& months next prior to the first issue thereof contained Parma tr aa,�eMM OW Wen relit ntapwletrn. LEON... P3tak Patel the NEM tnectsnd awe gFl4018401On said notice or advertisement above referred to; that said at TOaeegbl t ReRdAsi newed west:oftente:P.M:,WoidGermW, CoNraao - newspaper has been admitted to the United -States LOCIADyN:Perpmlmeaty..ss-mbenbnheast of the city or Greeley; mails as secondnclass matter under the nonh�et-ilre&Seem to Wept Cwmy toad 62.1M and west m and provisions of the Wlabra toWoid DOOM 801027 - Act of March 3, 1879,Borany amendments thereof;and gakno o rootHavvtommistome'RB • wattcoUNty.COLORADO that said newspaper is a daily newspaper duly qualified SY:DONALD D.WARDEN for publishing legal notices and advertisements within WEI,O COUNTY CLERK TO THE BOARD 9 9 w Byr�a,tu7 the meaning of the laws of the State of Colorado. 4 o ri°7- February9, 1991 Total charge: $ 31.20 tomz �� �L.?1' u_4— Advertising Clerk Subscribed and sworn to before me this 9th day of February A.D. 199.1_ My commission expires_ L an--)4-4-Ze Notary Public n+& rd, PUBLIC NOTICE The Board of County Commissioners of Weld County, Colorado, on February 27, 1991, conditionally approved a Site Specific Development Plan and Special Review Permit for the property and purpose described below. Conditional approval of this plan creates a vested property right pursuant to Article 68 of Title 24, C.R.S. , as amended, for a period of three years. APPLICANT: Hall-Irwin Construction Company Post Office Box 649 Greeley, Colorado 80632 LEGAL DESCRIPTION: Part of the NE/4 SE/4 and SE/4 NE/4 of Section 31, Township 6 North, Range 66, West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: A sand and gravel mining operation SIZE OF PARCEL: 465 acres, more or less Failure to abide by the terms and conditions of approval will result in a forfeiture of the vested property right. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN CLERK TO THE BOARD BY: / .S0 . 4 ct.,c,,,zz ,, Deputy Clerk to the BoaY� PUBLISHED: March 7, 1991, in The New News STATE OF COLORADO ) )s.s. COUNTY OF WELD ) David 8. Reynolds, being _duly sworn, says that he is publisher of The New News, a weekly newspaper published in Keenesburg in said County and State; that said newspaper has a general circulation in said County and has been continously and uninterruptedly published therein, during a period of at least fit ty-two consecutive weeks prior to the first publication of the annexed PUBLIC NOTICE The Board of County notice; that said newspaper is a Commissioners of Weld County, Colorado, on February 27, 1991, newspaper Within the meaning of the conditionally approved a site, act of the General Assembly of the specie evkwDevelopmerniit for and pro=Special Rand wp uPrresp descrithe d State Df Colorado,, entitled "fin Act below. Condllional approval of this lam¢1 creates a vested to regulate the printing of legal �B off Talc ZltL Rs assrnenaed notices and advertisements, " and fora period&Vireo years.g I amendments thereto; that the notice Construction Company fla win APPLICANT: Post Offft2 Box 649-Greeley, Colorado a 7 of which the annexed is printed LEGAL DESRIPTION: Part of copy taken from ;.aid newspaper, was the NE/4 SE/4 and SE/4 NE/4 of published in said newspaper, and in RangeSectio , Tl.ofth s Norm, Re a 86, West of mpc 6th P.M., Weld Cou lsit Colorado the regular and -entire issue of TYPE AND INTENSITY OF every number thereof , SKAP IZE etesnuD�t ose sand and raR�EL:-465 acres, or less more or less Failureitito abide approval terms and OnC@ a �4eek for conditions ei approval will result in a forfeiture of the rested successive week..; that said notice property rat hl was so published in said newspaper $°COM[IISSIONERS WELD COUNTY,_COLORADO proper and not in any supplament BY: DONALD D.-WARDEN CLERK TOTHE BOARD thereof , and that the first By: Carol A.Hardin' publication of said notice as PUBLISLetot} vierkeinthe�farA The New News aforesai-dy was -on the • day of I11 kA 19 ctI and the last on the 1 day of cv\ 7-1)L__. Subscribed and sworn t tefore r me this // 4day of 446.,.E , .y C4 T fit MEMORA Board of County To Commissioners February 4, 1991 Date Cathy Flot, Deputy Clerk to the Board COLORADO From Hearing Schedule subject: If you have no objections, we have tentatively set the following hearings for the day of February 27, 1991, at 10:00 A.M. Docket No. 91-09 A Site Specific Development Plan and Use by Special Review Permit for a sand and gravel mining operation - Hall-Irwin Construction Company Docket No. 91-10 A Site Specific Development Plan and Special Review Permit for one single family dwelling unit on a lot under the minimum lot size in the Agricultural Zone District - Century Bank of Sterling Docket No. 91-11 A Site Specific Development Plan and Special Review Permit for a greyhound breeding kennel (maximum of 14 dogs) in the Agricultural Zone District The above mentioned hearing date and hearing time may be scheduled 9n the agenda as stated above. BOARD OF COUNTY COMMISSIONERS f',/y e t latt 1 v 3,* '‘)--11/ / /S / �- -� Planning Commission Summary October 2, 1990 Page 3 The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Ann Garrison - yes; Jean Hoffman - yes; Don Feldhaus - yes; LeAnn Reid - yes; and Jerry Kiefer - yes. Motion carried unanimously. MOTION: LeAnn Reid moved Case Number USR-926 for a Site Specific Development Plan and Special Review permit for recreational vehicle storage in the A (Agricultural) zone district be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendation presented by the Department of Planning Services staff and the testimony of the applicant. Motion seconded by Don Feldhaus. 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; Jean Hoffman - yes; Don Feldhaus - yes; LeAnn Reid - yes; and Jerry Kiefer - yes. Motion carried unanimously. CASE NUMBER: USR-927 APPLICANT: Hall-Irwin Construction Company REQUEST: A Site Specific Development Plan and Use by Special Review permit for a sand and gravel mining operation. LEGAL DESCRIPTION: Part of the NEi SE} and SE} NE} Of Section31, T6N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 1/4 mile northeast of the City of Greeley; north of and adjacent to Weld County Road 62-1/4 and west of and adjacent • to Weld County Road 27. APPEARANCE: Gary Tuttle, Attorney, represented the applicant. This proposal is to mine the sand and gravel which is in the property. The applicant is proposing to mine approximately 40 acres and will have a 27 acre lake. The lake will be connected to the groundwater so the level of the water and lake will stay fairly constant. Truck access will be from North 83rd Street. The County and the applicant have plans to pave North 83rd Avenue in the spring. LeAnn Reid asked how long the whole process, from start to reclamation, will take. 5:1.01 ^1,1, Planning Commission Summary October 2, 1990 Page 4 Gary Tuttle stated that the mining would start in three to five years. The operation should last ten years. Jean Hoffman asked -if the owner was in agreement with the letter received from the Division -of Wildlife and with their requirements . George Hall, owner, stated that he was is agreement with the requirements of the Division of Wildlife . He stated that the Division of Wildlife and the Mined Land Reclamation Board will come to the site and do a physical inspection every three months. The Chairman called for discussion from the audienc-e. Tom Toske, Attorney, representative from Associates, Limitad, has an oil and gas lease, covering the area in question. He expressed his concerns regarding his rights and obligations as a lessee. LeAnn Reid asked if Associates, _Limited, will be drilling in the next five years. Tom Toske stated that he has an oil and gas lease dat-ed March, 1, 1988, recorded Reception 402132476, of Weld County Real Property records, which runs for a term of three years, and thereafter as oil and gas is produced. After that time, he will attempt to renew this lease. Jean Hoffman asked about the any long-range plans of the City of Greeley in this area. Rod Allison stated that this area is outside of Greeley's extended long-range growth plan. Ann Garrison asked how long is the life of an oil well in this general area once it is drilled. Bill Brooks, -Brooks Exploration, stated that an average life expectancy of well is about 17 years. Glen Webster, surrounding -property owner, is not against progress i-n Weld County, but is concerned about the problem with dust due to the traffic. Bob Fraker, surrounding property owner, stated his concerns with the dust problem and property value of the homes in this area is reduced. He expressed the desire to -have East 83rd Avenue paved. '9'2.01 ro Planning Commission Summary October 2, 1990 Page 5 Wilbert Feirstein, surroundi-ng property owner is against the application due to dust which is damaging livestock, crops, and considers it a health hazard and inconveni-enee. Gary Tuttle stated that the dust is a problem. The County Commissioners are sensitive to this problem and do recognize the need of the paving of the road. He has been told by public works that it will paved in early spring. MOTION: LeAnn Reid moved Case Number USR-927 for Hall -Irwin Construction Company for a Site Specific Development Plan and Use by Special Review permit for a sand and gravel mining operation be forwarded to the Board of County Commissioners with the -Planning Commission's recommendation for approval based upon the recommendation of the Department of Planning Services' staff and the amendments incorporated by the Planning Commission. Motion seconded by Ann Garrison, who al-so added that progress impacts us differently. Sometimes during that process movi-ng toward progress we ar-e hurt, tut by following the planning process through that changes can _be made, and that the bad impacts of progress can be mitigated. She certainly encourages the surrounding property owners to attend the County Commissioners hearing and listen to the road improvements agreement. 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; Jean Hoffman - yes; won Feldhaus - yes; LeAnn Reid - yes; and Jerry Kiefer - yes. Motion carried unanimously. The meeting was adjourned at 3:15 p.m. Respectfully submitted, Danna Nelson Secretary BETORE 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 resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-927 NAME: Hall-Irwin Construction Company ADDRESS: P.O. Box 649, Sreeley, CO 80631 REQUEST: A Site Specific Development Plan -and a Ilse by Special Review permit for a sand and gravel mining operation. LEGAL DESCRIPTION: Part of the NE} SEi and SE} NE} of Section 31, T6N, R66W of the 6th P.M., Weld County, Colorado LOCATION: Approximately .25 miles northeast of the City of Greeley; north of and adjacent to Weld County Road 62-1/4 and west of and adjacent to Weld County Road 27 . be recommended favorably to the Board of County Commissioners for the following reasons. 1 . The submitted materials are in compliance with the application requirements of Section 24.7, 44.1, 44.2, and 44.3 of the Weld County Zoning Ordinance. 2. It is the opinion of the Weld County Planning Commission that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: This proposal is consistent with the Weld County Comprehensive Plan's Mineral Resource Goals and Policies, the Urban Growth Boundary Area Goals and Policies, and the Transportation _Goals and Policies. The conditions of approval and development standards will 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 sand and gravel mining, agricultural production, oil and gas production, and residential home sites. Hall-Irwin Construction Company USR-927 Page 2 - The proposed use will not have an adverse affect on the existing and future development of the surrounding area as permitted by Weld County and 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 conditi-ons -of approval and development standards. - Part of the special _review permit site is located in the 100 year iloodplain. Special review permit development standards and conditions of approval address the overlay district _requirements. No -other overlay distri-cts affect the site. Special review development standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. This recommendation is based, in part, _upon a review of the application materials submitted the applicant, other relevant information regarding the request, and responses from referral entities. The planning Commission's recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be -delivered to the Department of Planning Services and he ready for recording in the Weld County Clerk and Recorder's offi-ce 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 iss_ued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3 . Prior to the special review activity occurring on the site, evidence shall be submitted to the Department of Planning Services that: the Division of Water Resources has approved a well permit or water supply for the mining operation; Hall-Irwin Construction Company USR-927 Page 3 - an emissions permit has been approved by the Colorado Department of Health for fugitive dust and source emissions; - an NPDES permit has been approved by the Water Quality Control Division of the Colorado Department of Health; and - all required permits have been approved by the Army Corps of Engineers. 4. Prior to scheduling before the Board of County Commissioners: - An off-site road improvements agreement shall be approved by the Board of County Commissioners. The agreement shall mitigate impacts generated on Weld County Road 27 and Weld County Road 62-1/4 by this mining operation. The agreement shall include the type of road improvements, the applicants share of the improvements, means of financing, and time frame for construction; - A dust control plan shall be submitted to the Weld County Health Department for review and approval. 5. The plat shall be amended to show the following: - A note stating, "The Mined Land Reclamation Board has the authority to issue permits for mining and _reclamation activities. Activities related to mining and reclamation are, therefore, under the jurisdiction of the Mined Land Reclamation. However, Weld County has jurisdiction of those matters outlined in the Development Standards". A 20 foot road reservation west of and adjacent to the right-of-way for Weld County Road 27 and north of and adjacent to the right-of-way for Weld County -Road 62-1/4. Both reservations shall be shown along the entire length of the property. Motion seconded Ann Garrison. VOTE: For Passage Against Passage Ann Garrison Jean Hoffman Don Feldhaus LeAnn Reid Jerry Kiefer rp An Hall-Irwin Construction Company USR-927 Page 4 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, Danna Nelson, Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing -Resolution is a true mopy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on October 2, 1990, and recorded in Book No. XIII of the proceedings of the Planning Commission. Dated the 2nd of October, 1990. Danna Nelson Secretary F? SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS HALL-IRWIN CONSTRUCTION COMPANY USR-927 1. The site specific development plan and special review permit is for an open-pit gravel mine and 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 68 of Title 24 C.R.S., as amended. 3. The -gravel mining operation shall only access Weld County Road 27. The haul route shall be Weld County Road 27. 4. The open-pit gravel operation shall comply with the operation policies outlined in Section 44.4 of the Weld County Zoning Ordinance. 5. The property shall be maintained in compliance with the Weld County Flood Hazard Overlay District requirements. 6. All liquid and solid waste shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. No permanent disposal of wastes shall be permitted at this site. 7. The special review permit site shall be maintained in compliance with the required Emissions Permit obtained from the Air Pollution Control Division, Colorado Department of Health, for fugitive dust and emissions. 8. Overburden and top-soil materials shall be handled and stored in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. Dust shall be controlled on all haul roads, so that it does not constitute a nuisance to adjacent property owners. Fugitive dust must be controlled on this site and in accordance with the approved dust control plan. 9. The special review permit site shall be maintained in compliance with the required NPDES permit obtained from the Water Quality Control Division of the Colorado Department _of Health. 10. The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. pl013a Hall Irwin Construction Company Development -Standards Page 2 11. All construction on the property shall be in accordance with the requirements of the Weld County -Building Code Ordinance. 12. The property _owner or mperator _shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 13. The property owner or _operator ahall be Aesponsib2e for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 14. Personnel from the Weld County Health Tepartment 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. 15. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the -Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 16. The property miner 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 Termit by the -Board of County Commissioners. a.{- ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS cg lk_ DAY OF a �- . , 1930: DOCKET 4 1) - ri l l/a-e-P -34--"x-"----/ DOCKET 4 DOCKET -l) `)1 — /t) Cy-o,�<-c-t- .7�s_,,o4� /�+---—�-�' `_'"_. DOCKET # 91 - i l -a1--0-e& l 4-Q-es <-0-cY �{ PL-EASE write or print your name legibly, your address and the DOC N (a-s listed above) -0r the name -of the appli-cant of the -hearing you are attending. . NAME ADDRE-SS HEARING ATTENDING p! ri d ✓.` a/e/ mss/- '/ds� 4g� d j a-t z 2 Ai ,� ��A h� 7, - '97 Iav z - --2'15-4/ 8�3 e_ `f% -_,e5 T. 1.�r� -247 9,5''9 .����. � c 1,a1-14:, :two-' Lzk 1-04". 54 to utv Gold 1 Nv xz�t n A 3 s 3 1v �12 .77 (r) /� 1 l - o . L3 �.ec i1 . 2 _, M1.3ek, a. . 15li ,i lii t. 5 4' O 231 101 3-RNIBIT INVENTORY CONTROL SHEET4cfr' ,. Case �l�� - /Iota -' 1 'dtni___ I hl5 1*�. f Thibit Submitted By Exhibit Des ,ption ., � _. r t, !. A �a nAt A t l ' L -Ql utit.�` k L f' hg �R Irl,1 %d//yrni ei> d'it Ss / 14111:, �crJi-rlinedi_in,�i,rt ✓ vat,tirvi,--nt-, eL/ Y-skak Cif rir i v,,2 C a 4,c„ fI I1{ t� / `414 , 02_ ie l I CL C/ Tr OA-14( 13 3; Om 13 I *If F. *,a :1', 44f„ ., :'it `, i c. ,f TA }i IA !_ N. s „` 40, i'1, l'• ,c , I. .=r iiyyt,'. N@ Ty 1^,' I J. �(9 rithi y„ :. :₹ f' , i :r.' R. ,3: 1,,1 'V: c L. !, { if r ,i ,'r; ` N M. If . 40 rjr 3 : N. i' , t 3t � r; 4 „ a tE;' 0• •/ 441 ,;: p;,. ,'VIt' ' brI. _ ._':r.0 1.3,-,, Par I °fr 2 1::1:I:STCRY or 14.uS SlTMLTTED FOR COSSIDRRATION • Case Number USR 12-7 Einhmitrrd or Prrrrred Prior to IlearinR At Rearing 1. Application 51-if Pages 2. __L__Apulication plats) 2 page (s) 3. DPS Referral Surtmary Sheet 4. DPS recommendation 5. DPS Surrounding Propery Ouncr %ailing List 6. DPS Mineral Owners Flailing List 7 . 3 DPS Naps Prepared by Planning Technician 8. DPS Notice of hearing 9 . DPS Case Summary Sheet 10. DPS Field Check 11. memo - WEs erne/ - V/010 - / plc 12. ✓ m��-v `�7eF� cd s ,c I 4(sit • 1/2Y/10 13. Other & 2- t'Ara -71rt y filtree. - 9 /9 Rio - 3ito . 15. idt !es �1 � �; 1-3 ?Milo /97 ✓ 17.fMevr4 - lief{C"147 S,cP. - I/lCJIrtO / � . 18. t✓IPMU 7h^ Cep - Vit/18 int" 19. rmerr-0 �� N�//r I - 41/1(750 /eV- ./ 20, memo — 14911-XeJ-1-i - tr2/y0 /Pr-- ✓ 21, f;e V G6ec% --lett7 !t_ 4142/f p - /(1494/4— v7I hereby certify hat he items identifie herein .ere su witted to tl Departmet t of Pla ing Serv ' ces at or prior to he schedt led 1'la; ning C mmi.csi hearing. I furtt r certif that the e items 1 re forwar ed to 1e Cler to tl Board' s ffice on — ' • • C treat Y1^ ;tier STAT OF COL RADO ) COU TY OF W LD ) 19 '` SU SCRIBE AND SBOR: TO BEFO .E NE T11I AY Or SEAL fait INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Case Number 05g 92r) Submitted or Trepared Prior to Nearing at Nearing 1. Application Pages 2. Applicant plat(s) page(s) 3. DPS Referral Summary Sheet 4. DPS Recommendation 5. DPS Surrounding Property Owner's Mailing List 6. DPS Mineral Owner's Mailing List 7. DPS Maps Prepared by Planning Technician 8. DPS Notice of Nearing 9. DPS Case File Summary Sheet 10. DPS Field Check 22, /i• flifI t p - Pea.-a.. R - O/4 - l 04"74- v- 2, q, / eat- - G�� F� lie - � 26 -qu _ ld-�- L(- G.P, te^ - /Ka- Aiple t /Z _ 2-49 1O _ if (QC.) 27. X. Le/1S. - J4rHu /n4,12ariel✓ — �I - S- yJ - leVA- 1 ‘tvaii(go • 17. 18. 19. T 20. 21. I hereby certify that the(0)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 . 4-41a- Current Planner STATE OF COLORADO ) COUNTY OF WELD ) :: FSae.agitI,BED AND SWORN TO BEFORE ME THIS lO l day of�,� 46V2g4 *`-sr 7, N SFAL Y J `- �' '••. NOTARY PUBLIC atop), r'Afty Commission Expires \ [ FA C cf HILL 111ENIORA ' TD UPI . .... . . . . . . . . . . . . . r • WELD I° Iiiiki Sir I.'IS I 14 ..4. 41 '14AVok-. 41----:::\A". � NT C O lJ 1� 1 y This message consists of x 915 10th Street �, pages plus this cover 0 iY. P. O. Box 758 pages r Y, Greeley, Colorado 8063? COLORADO Sent: � am _. ..__ . y Date :3_0,..5/61:3_0,..5/61Time:�:` c"Pm Bv_ PLEASE DELIVER THE FOLLOWING PAGE(S) T0: biarC /—u +-f-1� Z eh J" COMPANY: �Lt41e_ Apple(10- t i----�— FAX NO. : 7 5 c - --)J5 of C FROM: C K ll� (�C'C YCX he t :9•1eeJ , 1 1 SPECIAL INSTRUCTIONS: l `Q I \i • COMPANY: WELD COUNTY PURCHASING DEPT. PHONE i/: 303-356-4000 03-352-0242 CONTACT: 3 jh,7 ati il`l, //Pig EXT. �uc.24 rai Date: October 2, 1990 CASE NUMBER: USR-927 NAME: Hall-Irwin construction Company ADDRESS: P.O. Box 649, Greeley, CO 80631 REQUEST: A Site Specific Development Plan and a Use by Special Review permit for a sand and gravel mining operation. LEGAL DESCRIPTION: Part of the NE} SE} and SE} NE} of Section 31, T6N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .25 miles northeast of the City of Greeley; north of and adjacent to Weld County Road 62-1/4 and west 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 of Section 24.7, 44.1, 44.2, -and 114.3 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 9f the Weld County Zoning Ordinance as follows: This proposal is consistent with the Weld County Comprehensive Plan's Mineral Resource Goals and Policies, the Urban Growth Boundary Area Goals and Policies, and the Transportation Goals and Policies. The conditions of approval and development standards will 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 sand and gravel mining, agricultural production, oil and gas production, and residential home sites. iniri .y Hall-Irwin Construction Company USR-927 Page 2 The proposed use will not have an adverse affect on the existing and _future development of the surrounding area as permitted by Weld County and 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. Part of the special review permit site is located in the 100 year floodplain. Special review permit development standards and conditions of approval address the overlay district requirements. No other overlay districts affect the site. Special review development standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. This recommendation is based, in parr., upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 13 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the -office of the Weld County Clerk and Recorder. 3. Prior to the special review activity occurring on the site, evidence shall be submitted to the Department of Planning Services that: the Division of Water Resources has approved a well permit or water supply for the mining operation; CI p-1 3,4 Hall srwin Construction Company USR-927 Page 3 an emissions permit has been approved by the Colorado Department of Health for fugitive dust and source emissions; - an NPDES permit -has been approved by the Water Quality Control Division of the Colorado Department of Health; and - all required permits have been approved by the Army Corps of Engineers. 4. Prior to scheduling before the Board of County Commissioners: - An off-site road improvements agreement shall be approved by the Board of County Commissioners. The agreement shall mitigate impacts generated on Weld County Road 27 and Weld County Road 62-1/4 by this mining operation. The agreement shall include the type of road improvements, the applicants share of the improvements, means of financing, and time frame for construction; - A dust control plan shall be submitted to the Weld County Health Department for review and approval. 5. The plat shall be amended to show the following: - A note stating, "The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities related to mining and reclamation are, therefore, under the jurisdiction of the Mined Land Reclamation. However, Weld County has jurisdiction of those matters outlined in the Development Standards". - A 20 foot road seservation west of and adjacent to the right-of-way for Weld County Road 27 and north of and adjacent to the right-of-way for Weld County Road 62-1/4. Both reservations shall be shown along the entire length of the property. . s C,,Al SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS HALL-IRWIN CONSTRUCTION COMPANY USR-927 1. The site specific development plan and special review permit is for an open-pit gravel mine and 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 68 of Title 24 C.R.S. , zs amended. 3. The gravel mining operation shall only access Weld County Road 27. The haul route shall be Weld County Road 27. 4. The open-pit gravel -operation shall comply with the operation policies outlined in Section 44.4 of the Weld County Zoning Ordinance. 5. The property shall be maintained in compliance with the Weld County Flood -Hazard Overlay District requirements. 6. All liquid and solid waste shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. No permanent disposal of wastes shall be pErmitted at this site. 7. The special review permit site shall be -maintained in compliance with the required Emissions Permit obtained from the Air Pollution Control Division, Colorado Department of Health, for fugitive dust and emissions. 8. Overburden and top-soil materials shall be handled andstored in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. Dust shall be controlled _on all haul roads, so that it does not constitute a nuisance to adjacent property owners. Fugitive dust must be controlled on thin site and in accordance with the approved dust control plan. 9. The special review permit site shall be maintained in compliance with the required NPDES permit obtained from the Water Quality Control Division of the Colorado Department of Health. 10. The maximum permissible noise level shall not exceed the industrial limit of 8O dB(A) , as measured according to 25-12-10-2, Colorado -Revised Statutes. (1':5_3:'4. Hall Irwin Construction Company Development Standards Page 2 11. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 12. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 13. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 14. _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. 15. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 16. 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. 01013 1, LAND-USE APPLICATION SUMMARY SHEET Date: September 19, 1990 CASE NUMBER: USR-927 NAME: Hall-Irwin Construction Company ADDRESS: P.O. Box 649, Greeley, CO 80631 REQUEST: A Site Specific Development Plan and Use by Special Review permit for a sand and gravel mining operation. LEGAT DESCRIPTION: Part of the NEI SE} and part of the SE} NEi of Section 31, T6N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 1/4 mile northeast of the City of Greeley; north and adjacent to Weld County Road 62-1/4 and west and adjacent to Weld County Road 27. SIZE OF PARCEL: 65 Acres, t POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review is listed in Section 24.3, 44.4, and 44.5 of the Weld County Zoning Ordinance. Specific recommendations were received from Environmental Protection Services, Weld County Engineering, the Division of Wildlife, Army Corps of -Engineers, and the St. Vrain and Left Hand Water Conservancy District. The City of Greeley will forward a recommendation on September 26. The "Department of Planning Services has not received any inquiries from surrounding property owners. CA-I 2,3 FIELD CHECK FILING NUMBER: USR-927 DATE OF INSPECTION: September 18, 1990 NAME: Hall-Irwin Construction Company REQUEST: A use by special review and site specific development plan for a sand and gravel mining operation. LEGAT DESCRIPTION: Part of the NE} SEe and SE} NE} of Section 31, T6N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 1/4 mile northeast of the City of Greeley; north and adjacent to Weld County Road -62-1/4 and west and adjacent to Weld County Road 27. LAND USE: N Cache La Poudre River, agricultural production E 83rd Avenue (Weld County Road 27) , pasture, (approved for sand and gravel mining) S Weld County Road 62-1/4, pasture, residence W Sand and gravel operation ZONING: N A (Agri-cultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: The access to the proposed use by special review area is existing from Weld County Road 27. Weld County Road 27 is a gravel road and is classified as a County arterial with a 100 foot right-of-way. An agricultural access is located north of the proposed existing access. There are no improvements on the property. The south third and northwest part of the property are currently used for agricultural production. The central portion of the property contains wetlands and the access road. A small stand of trees exists along the northern and eastern boundaries of the site. BY:47,a; Rod Allison Principal Planner 01.01.3 x' a, • x E. . ¢0 . . . T-7 N�} 1 - 'P-▪ `▪ C u v _ __ ▪I . .. .o l -1 , ��. I _, T ., yf °° _i a Lab 1 .k... ® �� O ° tz °3 t xo x xx , x x � °:;trod s •76. .. . )�\\ �j. �• . � .. ..i 1 A—• 1-- I\`� l • ▪ • an I �� H ® eo\A.°.Y� 11nE<z�'. •iWESTERN. — s • �`2war ` > x I i �!_ ' 32•�z.t • l •7 ) !scvcagacg$ o. To k� i • • •t • ," ;"" 1 7Q. . . . 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REFERRAL LIST NAME: Hall-Irwin Construction Company CASE NUMBER: USR-927 REFERRALS SENT: September 4, 1990 REFERRALS TO BE RECEIVED BY: September 18, 1990 COUNTY TOWNS and CITIES _Attorney Ault_ X Health Department Brighton Extension Service Eaton X Emergency Management Office Eaton Sheriff's Office Erie_ X Engineering Evans _ _ Housing Authority Firestone _Airport Authority _Fort Lupton _Building Inspection _Frederick Garden City STATE _Gilcrest X Division of Water Resources X Greeley • X Division of Wildlife _Grover Department of Health Hudson _Highway Department _Johnstown _Historical Society Keenesburg _Water Conservation Board _Kersey X Oil and Gas Conservation Commission, La Salle Lochbuie_ FIRE DISTRICTS Longmont_ _Ault F-1 Mead_ _Berthoud F-2 Milliken Brighton F-3 New Raymer_ Dacono F-19 Nunn _ _ Eaton F-4 Platteville Fort Lupton F-5 Severance_ Galeton F-6 Windsor Hudson F-7 _Johnstown F-8 COUNTIES Nunn F-12 Pawnee Platteville F-13 FEDERAL GOVERNMENT AGENCIES _Platte Valley F-14 , X US Army Corps of Engineers Poudre Valley F-15 USDA-APHIS Veterinary Service Raymer Federal Aviation Administration _Southeast Weld F-16 Federal Communication Commission X Windsor/Severance F-17 , Wiggins F-18 _Western Hills F-20 SOIL CONSERVATION DISTRICTS _Brighton OTHER _Fort Collins X Central Colo. Water Conservancy Dist. X Greeley . X St. Vrain & Left Hand Water Conservancy Dist. c/o Lew Williams West Adams X Gus Lueckenhoff Conoco Gas Company COMMISSION/BOARD MEMBER 13172 Weld County Road 20 X Jerry Kieffer , Fort Lupton, CO 80621 —h.‘c1)8 mEMORAnDum WillieTo Rod Allison Weld County Planning September 18, 1990 Date , COLORADO vtem Environmental Protection Services Case Number: USR-927 Name: Hall- rwinonstruction Subset. Environmental Protection Services has reviewed this proposal and recommends for approval, subject to the following conditions: 1. Waste oil, stains, treatments, anti-freeze, and other associated liquid and solid wastes, shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. Required Emissions Permits are obtained from the Air Pollution Control Division, Colorado Department of Health. 3. No permanent disposal of wastes shall be permitted at this site. 4. The septic system for the proposed office is required to be designed by a Colorado Registered Professional Engineer, according to the Weld County Individual Sewage Disposal Regulations. 5. Overburden and top-soil materials shall be handled and stored in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 6. Fugitive dust must be controlled on this site. 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. r IC T—___ 8. Maximum permissible noise level shall not exceed the industrial limit of 80 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 9. An employee restroom with sanitary toilet facilities is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 10. Dust will be controlled on all haul roads, so that it does not constitute a nuisance to adjacent property owners. 11. A dust control plan shall be submitted to the Weld County Health Department for review and approval. The operation of the facility shall have sufficient equipment on-site and available as needed to conduct dust control. EPS677/dgc ."-m 0.1.e..��'A,I cp , MEMORAnDum To Rod Allison, Planning September 24, 1990 Date COLORADO From Drew Scheltinga, County Engineer Subject: Hall-Irwin Sand and Gravel Mining, USR-927 The Engineering Department has no objections to the mining or reclamation plans as presented. A maintenance agreement for Road 62.25 and an improvement district to pave 83rd Avenue are presently being negotiated between Hall-Irwin Construction Company and the Board of Weld County Commissioners. The establishment of the agreement and the improvement district will address the road impacts. , DS/mw:prhair cc: Commissioner Kirby Planning Referral File - Hall-Irwin Sand and Gravel Mining, USR-927 +9,9f 4M Le �, T p F. Q��' td °F DEPARTMENT 4F THE ARMY zy,. /�`e' CORPS OF ENGINEERS,OMAHA DISTRICT ❑ 4 TRI-LAKES PROJECT OFFICE,9307 STATE HWY 121 \ v r� LITTLETON,COLORADO 80123-6907 :Li ,/,----____i,r r r P'^, REPLY TO /r l� ��t: r�r t l�,1,7.1. _ . =� ATTENTION OF ',Ir-7',.E' v r;/J1 j 6i.! . �. ....__1. P r ' 1990 1 --- _� Regulatory Branch *aid to. PIamoat i.;(IGiN1iow, September 19 , 1990 Rod Allison Department of Planning Service 915 10th Street Greeley, Colorado 80631 Dear Mr . Allison: Reference is made Case Number USR-927 , Hall-Irwin Con- struction Company mining activity. During a September 18 , 1990 site visit conducted by me it was found that wetlands exist on this site . Please find -enclosed map showing approximate location of wetlands . These wetlands are considered to be waters of the United States . Prior to any fill activity at this site this office should be notified for proper permits . Also , during my site visit it was noticed that unautho- rized fill has been placed in these wetlands. See attached map. This activity is being investigated by this office at this time . -If you have any questions concerning this matter , please feel free to contact me or this office at 303/979-4120 . Sincerely, (-----S131314\ 1 1 O,\��L_, TERRY AcKEE Environmental Resource Specialist -1 •1I ,14 \ �' - _ . 4-701a. \ \ i -----7.--t- 47/0_ 't- _ \ �7 _ O CL- \_ N \ /� 1 \ 471O v v ` . !. ! ro 8..I \ + i '5(.oF$ �� --.P2)��N N � I •�..:;:: \ v'. /1 1 �\ v \ 0III i rr_,stiirx 3wu� Y ' L AA o SP;Lt_,„IA ! �.! ro 8'. I ------)‘.9 n Flo Yi1/4 oEs E'≥ \ E., s 'bill I ITC 1 I / 1 i -( / -' '?' -y! sue' R' F itt 17/0 1 . \ , 1 -LorC< -o l . 3 Al A C..' ��, - - rn7 `.:,, +4109 5 n \ � H� 1 4 PAS-n.11z� / ‘-.^ nC 1 in_________\-----6.4 o FA Nor—m z ya- t 5.W --�. „al< '" i • II1I�- k,t A sE/a se-/f SFi 31 ' I 291.0i'1 al y;r-) G y q]3] w Y ` ---i 4`'3° A B ------ 90 BM % e II v_. j o 4 i}' •747 ';u' I ° • _ I`I a]4g II 6M i el30 �0 � 47"yl \2° I "IP °Wei i ��� B ewell;I .• • 4]40 • YI`� i _�� `= Well° ZS n]26 s 11 % 30 a �'�� - v. II • \ . /, s�< 4�. I �� 3. �/ 11 1 - �"'o I I Co Oq 719 _ ���'y 4>20 ° . 4OO ii rya°° 9 RIVE II -= 4 \\ 4]DO P �. ll�r li 1 3Fyj — �.. 31 % �i�� i'( 320 \rye • il' / N g P V' / la I mod. .•e• -»/g 6]// __1: '� r\ 2b Efi�E 4225 0 "v / X30 OITCH., yam' .90 �.. lb Ws 4'r °--.0 a95o y _ o — _ a O col V4 0� � �\ l � p� gp• a ive ( •_ __ = l J 0 (lc ST r I y � y� a �\\ Ni\ / � 0 bsta� a�y0 a / -•aeoo yi\ 6• vo • • _ �. ...— // .... �•� ° 1/ / 1.• agg. e° i 5 I• ..W. a-z] IL• ea ,a 3 / / 114'' y �I• .� y0 P20 i• l t0• `� ;I� �, ° m ? oft/ O - o _ _ a 00/ • Sre U a ��.. Q II ;-1:1 I i 490 .I ; 00 0 �I ♦ or/ �p or i/ o qg �— /�7ggti7 ,-3\----,T, mo 3 / I ; _ \ �„ _i STATE OF COLORADO Roy Romer, Governor _ _ __ DEPARTMENT OF NATURAL RESOURCES ^� r !:r�l'[' ! t r f t,:�t T^II, REFER TO: DIVISION Of WILDLIFE (� [(� AN E_OUAL OPPORTUNITY EMPLOYER r7''f �97U Perry D. Olson, Director t j_ { „ 6060 BroaJway C...3 '. _ - .'l�J y _Denver, Colorado 80216 ��p4, y4 Telephone: (303}297-1192 X16 G6 Ptut4tst e:T Y1li�ilSk�li OFD Larry Rogstad, "`istrict Wildlife Manager 1528 28th -avenue court September 20, 1490 Greeley, Colorado 80631 ph. 352-21b3 Mr. Rod Allison, Principal Planner Weld Co. Department of Planning Services 915 10th street Greeley, Colorado 30631 Dear Rod Case number USR-927 The Division of Wildlife has reviewed the plans submitted to your agency by the Hall Irwin Construction Co. for the proposed gravel mine known as the 83rd avenue development. Don Bogart and I have also made a site inspection of the parcel. Enclosed, yoc, will find the Division of Wildlife recommendations on this project. Currently, the parcel contains 1550 feet of river bank that can be typified being highly disturbed by channelization. The rest of the cmb cas ombina- tion of irrigated ag. fields, pasture and wetland. The parcel to a combina- acres.t of wetlands as calculated from the maps s parcel contains 13.5 re is a small grove of trees with understory shrug np the deast withboundry the fofr he property. There are other areas of shrubby vegetation scattered around the perimeter of the wetland area. There are cottonwood and willows along the river bank. On the date of inspection a Weld County dozer was filling a wetland north of the grove of trees. Prior to the construction of the access road across this parcel the wetland provid- ed valuable shelter and nesting cover for pheasant, ducks, a variety of songbirds, and small mammals. Deer used the area for bedding down and as a travel corridor along the Cache La Foudre River. Hawks and owls hunt the parcel, and use the trees as perches. In past years the grove of trees on the east bound wed-tail hawks. Wintering bald eagles can be found hunting this nesting stretch of river from time to time. The parcel of land on the north side of the river has teen leased to a wterfowl club during the last several years. The plan submitted by Hall-Irwin has already addressed several of the Division's concerns. The Division would recommend an acre for acre replacement of wetland destroyed by mining activity. Tuttle Applegate's reclamation plan for the area will facilitate the wetland replacement. Use of shallow sloping along the pond shoreline and island placement will stimulate growth of emergent aquatic plants. If possible, the rivision would recommend that some of the sedge and reed growth currently found on the _site be stockpiled. Clumps of these plants could be used during clamation, speeding recovery of the vegetation. The Division would recommend that reclamation of the pastureeincorporate contours with some shallow depressions. The depressionswouldmostlen elybecome small wetlands and temporary ponds that could provide additional cover for a variety DEPARTMENT OF NATURAL RESOURCES, Hamlet J. Barry, Executive Director WILDLIFE COMMISSION, George VanbenBerg, Chairman • Robert L. Freidenberger, Vice Chairman • William R. Hegberg, Secretary Eldon W. Cooper, Member • Rebecca L. Frank Member • Dennis Luttrelf, Member • Gene B. Peterson, Member • Larry M. Wright, Member •i. of species. Uneven contours would also return the site to a natural look rather than a reclaimed appearance. It would also help Eall-Irwin meet the acre for acre wetland replacement that should be a goal of any wetland disturbance. Replacement of trees and bushes removed by mining activity should include a wide variety of species suited for this area. native species of cottonwood, and willow should be used. Additionally, wild plum, russian olive, snowberry, wild rose, green -ash and boxelder should be planted. Plantings should incorporate low maintenance techniques using weed barrier and mulching. In the long run, this will reduce the cost of establishing the plants, lower watering regimens generally required to es- tablish trees, and increase planting survival. Mums and other mast producing plants will increase food available to wildlife. Grass plantings should include a wide variety of grass species as well as dryland alfalfa. Switchgrass should be included in the mixture. It provides a lodge resis- tent plant for sheltering birds during snow and through the nesting season. The pond bottom should be irregular with shoals and dropoffs to increase habitat quality for fish. Large rocks, or tree trunks can be placed in the shallows of the pond to provide important loafing areas for waterfowl, shorebirds, mammals and reptiles. Since Hall-Irwin has several mine sites in the vicinity, it may want to use some of the plants at this site for reclamation of adjacent areas. For example, opening of this mine will require the removal of snowberry, willow, sedge and reed grass. Clumps of these plants could be dug using a backhoe and transferred to sites that are being reclaimed. This would speed reclammation, lower costs of plant materials, and avoid destruction of some valuable plant material. The ideal of reclammation is to return land to a condition that is at least as val- uable as it was before mining. To this end, the 7dvision would be anxious to work with the developer and Weld County in whatever way we can help. Please feel free to call on us. Sincerely, Larry Yogstia cc Rick Noss, Sr. Habitat Biologist file ALH �T VRAIN C LEFT HAND WATER CONSERVANCY DISTRICT September 10, 1990 Mr. Rod Allison PRESIDENT Department of Planning Services Vernon E. Peppier Weld County Colorado Director at Large 915 10th Street Greeley, CO 80631 VICE PRESIDENT George Patterson RE: Case Number USR-927 District 7 SECRETARY Dear Mr. Allison: Frank E. Gould Districts Dn behalf of the St. Vrain & Left Hand Water Conservancy TREASURER District, I have reviewed the above referenced application submitted Harold Nelson -by Hall-Irwin Construction Company for the 83rd Avenue Development District 1 mining use by special review. -David Macy The application contains brief comments regarding our water -Director at Large _concerns, but inadequate information to allow a complete review. The Patricia Jones proposal notes that an application for Change of Water Right and Plan District4 of Augmentation will be submitted to the Division I Water Court. The Glenn James St. Vrain & Left Hand Water Conservancy District opposes the planned District3 mining operation until this application is submitted to Division I Water Court. Our concerns cannot be resolved until this information Harold Leonard is available to us. District 2 Bruce Kester It is assumed that this application has also been submitted to District the Central Colorado Water Conservancy District for review. EXECUTIVE DIRECTOR Thank you for the opportunity to comment. Les Williams ADMINISTRATIVE Sincerely, ASSISTANT Cynthia Einspahr ST. VRAIN & LEFT HAND WATER C0NSERVANCY,DISTRICT LEGAL COUNSEL 4 a�" Grant, Bernard, & Lyons CONSULTING Les Williams ENGINEER Executive Director Rocky Mountain Consultants, Inc. Robert C. Brand B,SVLHHall .USR — i rf L,,r .n `I + 1 \i :JP r . ?990 1) 1—_�`__ - - _... Meld Co- Pf°;iotnt Alin: 1960 Industrial Circle, Suite B Longmont, Colorado 80501 (303) 772-4060 O/ s e i { `4Rs1 SfP 6 1990 DEPARTMENT OF PLANNING SERVICES HONE(303)356-4000,EXT.4400 p /�����++/y� /+ -91510th STREET COL'S.OIL&GAS CONS.COMM �� GREELEY,COLORADO 60631 O • D >)`�``5 G,,l i'ltyl ��t - ASE NUMBER USR-927 -COLORADO fI\ -FP 1 , 199 n, September 4, 1990 jl!'t M;Et4 Co. Mon Cwmm)ssloo TO WHOM IT MAY CONCERN: Enclosed is an application from Hall-Irwin -Construction Company for a site specific development plan and use by special review permit for a sand and gravel mining operation. The parcel of land is described as part of the NE} SEI and SE} NE} of Section 31, T6N, R66W of the 6th B.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1/4 mile north of the City _of Greeley; north and adjacent to Weld County Road 62-1/4, west 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. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by September 18, 1990, 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 mot) compatible with the interests of our town for the following seasons: 3- x We have reviewed the request and find no conflicts with our intere-sts. 4. A formal recommendation is under consideration and will be -submitted to you prior to: 5. , Pleas refer to the enclosed letter. Signed: €;ites Agency: 04:,, etta, /'7. Ct5",.k-nr Date- ( 3-_l (/ 10:1;it), DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 915 10th STREET C EREELEY,COLORADO 80631 OLORADOilli C CASE NUMBER USR-927 . . to 0,, September 4, 1990 Y -,T: w e:, ' TO WHOM IT MAY CONCERN: � . Enclosed is an application from Hall_Irwin Construction Company for a site specific development plan and use by special review permit for a sand and gravel mining operation. The parcel of land is described as part of the NEe SEe and SE} NE} of Section 31, 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 1/4 mile north of the City of Greeley; north and adjacent to Weld County Road 62-1/4, west 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. Your prompt _reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. _Please reply by September 18, 1990, 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, bu we feel this request (is/is not) compatible with 3 ....i% eresr�Tts 7of our town for the following _reasons: fI`.. II�* '1 L 19.1nl l Jay( i ,Soy; 1990 i.._ 3•� We have reviewed the request and find no conflicts w. r interests. Weil en, Pkatofi g "Onitillk, 4. P formal recommendation is under consideration and will he submitted to you prior to: 5• Please refer to the enclosed letter. Signed_ 1/42.571 / --�-�� _P.gency: ✓.d1/G, .C r', � _.. Date:.—�-1 t" — /a � � J x:19 el • DEPARTME-NT OF PLANNING SERVICES \ PHONE(303)356-4000,EXT.4400 131510th STREET �]� J� CREELEY,COLORADO 60631 C. -��_SEP 2 ? 1990 - CASE NUMBER USR-927 COLORADO WeIrl CtL Maws I'windS5 w September 4, 1990 SO WHOM IT MAY CONCERN: Enclosed is an application from Hail-Irwin Construction Company for a site specific development plan and use by special review permit for a sand and gravel mining operation. The parcel of land is described as part of the NEI SEe and SE} NE$ of Section 31, 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 1/4 mile north of the City of Greeley; north and adjacent to Weld County Road 62-1/4, west 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. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by September 18, 1990, 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. '..x We have reviewed the request and find -no conflicts with our interests. 4. A formal reconmiendation is under consideration and will he submitted to you prior to: 5. _ Please refer to the enclosedr_letter_ Signed: f p,.� Agency: av Wit)) (, ,C) . Date:_9/islSO --- - - ro - - I�,�f���,J�l; I L--=• Office of Emergency Management D � �� " IJCrrinI WILD, I Vr I-Li-WIU IIY Ia JCVICJ SEP 1 8 1990 PHONE(303)356-4000,EXT.4400 10II V th STREET "------- GREELEY,COLORADO 80631 Weld Ca. Nom couto i se • CASE NUMBER USR-927 COLORADO September 4, 1990 TO WHOM IT MAY CONCE₹2N: Enclosed is an application from Hall-Irwin Construction Company Tor a site specific development plan and use by special review permit for a sand and gravel mining operation. The parcel of land is described as part of the NEI SEi and SEi NE$ of Section 31, 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 1/4 mile north of the City of Greeley; north and adjacent to Weld County Road 62-1/4, west 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. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by September 18, 1990, 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. ,K, We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please _refer to the enclosed letter. Signed:__ � --------Agency: ----�CSC/0.6- ,7 .. Date: 279/0 ---©- _ _.---- -- 91.61.3'A teatic( DE-PARTMENTOF PLANNING SERVICES PH9NE(303)3584000,EXT.4400 ' -91510th STREET 9 1990 -GREELEY,COLORADO 80631 O • X214 CO. PIZNi�Mp G��ittlYYf�sfYyw, CASE NUMBER USR-927 COLORADO September 4, 1990 TO WHOM IT MAY CONCERN: Enclosed is an application from Hall-Irwin Construction Company for a site specific development plan and use by special review permit for a sand and gravel mining operation. The parcel of land is described as part of the NEI -SEI and SE} NEI of Section 31, 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 1/4 mile north of the -City of _Greeley; north and adjacent to Weld County Road 62-1/4, west and adjacent to Wad 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 appreciat-ed. Your prompt reply will help to facilitate the processing of the application and will -ensure prompt consideration of your recommendation. -Please reply by September 18, 1990, so that we may give full consideration to your recommendation. -Please call -Rod Allison, Pri-ncipal Planner, if you have any _questions about the application. Check the appropriate boxes below and return to our addr-ess 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 -raquest (is/is not) compatible with the interests of our town for th-e 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 r er to the enclosed letiter. Signed: —1 _ _ Agancy: /1!//i22J€1')/.10 77/ve _11-47/ llate: 4- / —qp (31 01 �* r i j s 1 195D �II j FIELD L-HECK ....". L.. P` ^ . • Filing Number: USR 927 -Date of -Inspection: See,-7i. Z, /9 9A _Principal Planner: -Rod Allison Applicant's Name: Hall-Irwin Construction Company Request: A site specific development _plan and use by special -r-eview _permit for a sand and gravel mining operation. Legal -Description: Part of the NEi SE} and SE} NE} of Section 31, T6N, -R66W of the 6th P.M. , Weld County, Colorado Location: Approximately 1/4 mile north o£ the City o-f Greeley; north -and adjacent to Weld County -Road 62-1/4, west and _adjacent to Weld County Road 27./ / / Land _Use: N 23t, et( .4 h Ca_r� �� g levZ144.1 �1 4 . iki) E - VN r .-f/ ILo AI A/r`/// _C }r/ 5/,) k..i Zoning: N A (Agricultural) E A (Agricultural) S A (Agricultural) W -A (Agricultural) COMMENTS: moin 06 5- C/762 A s �P/ FAY NSi`0 � /rat ���il>s� �d4, �D 'ICS;Cs 0 oV�livncl/ !/r2k S D u_�`� sl it Jr/ saved /7A 4-1r tkAvl 7 /rIA. 0.6 6L/plA-i r•fr-{A_. Clete"-- is AD AY- /Q /S— E/T!�h�iLe f7/-t �'i7C C/n ye 74 I--e's 1 ete"5- � in/ 543 NE `./ *L i f n �LJ _ B /e l..a) en-1/4_ S b i1A : 02 fi/ oh it..A.- � (�-R a�-Yt 3 km. LS� � ,.c 7LA ,be co e- .g / V ature o₹ Bo d M er _IiJC�L;i(1--‘ i a� 2 r STATE OF COI ORADO MINED LAND RECLAMATION DIVISION Department of Natural Resources pecoto 1313ShermanSt.,Room 215 ,�,ei- �'1$ Denver,CO 80203 « r 303 866-3567 • . FAX' 30.3,432-81-06 'rage' Royiiomer. Governor Fred A.Banta, Division Director County, City, and Town Zoning MEMORANDUM DATE: -August 31 , 1990 T0: Weld County Manning Department Box 758 815 10th St Greeley, CD 80632 r FROM: Steven G. Renner, Senior ieclamation Speci ist Re: File No. M-9D-11-9, Hall Irwin Construction Co. , 83rd Ave Development, 112 Application Please be informed that Hall-Irwin Donstru_ction Co. has filed with -aur office an application to conduct surface mining and reclamation at or near Section 31 , Townshi_p 5N, Range _66W, 6th Prime Meridian. The applicant proposes to reclaim the site for -cropland use. The applicant is required to place a copy of the application for public inspection with the Clerk of the _county in whi_ch the proposed mine is situated. This is intended to provide the application f-Or {public re-view and comment. Please mote that it is not intended to tie made a part of publi_c record by recording, The Board is tent-atively scheduled to _consider this applic-ati-on on November 14 , 198_0. If you have any questions, please contact me. 8655G �!J a �N7 s r5�r1� 4' SEP 1 1990 r ,: _, - tont, V'ttyrstn+r., duny4 ,.. p COMMUNITY DEVELOPMENT \ City of 100010TH STREET, GREELEY, COLORADO 80631 (303)350-9780 ` Gr_eeley September 13, 1990 Rod Allison Principal Planner Department of Planning Services Weld County 915 10th Street Greeley, Colorado 80631 Subject: USR-927 Dear Mr. Allison: On September 6, 199D, I received the Hall_Irwin Construction Company application for a Use by Special Review permit for a sand and gravel mining operation. Due to the _proximity of this requested operation to the City of Greeley, the City appreciates the opportunity to comment on the application. Unfortunately, the first opportunity for the Greeley Planning Commission to consider this request is at their September 25, 1990, meeting, one week after the closing date of September 18, 1990, deadline for submitting comments. wherefore, the City of Greeley requests that it be allowed to submit its written comments to the Weld County Planning Commission on _September 26, 199D. We appreciate your consideration of this matter and look forward to working with you on this project. Sincerely, Gr gFlebbe Planner II kb )EP 1 1990 Weld Co. P18881 1989 ount 1ssfo r GREELEY ALL AMERICA CITY "101 ,x"" Iffy SURROUNDING_PROPERTY OWNERS HALL-IRWIN CONSTRUCTION COMPANY USR-927 Ruby Grace Lowe c/o Russell -Billings 1727 71st Avenue Greeley, CO $0634 Wilbert W. and M. Rull Firestien 39053 Weld County Road 27 Greeley, CO 80631 Sharks Tooth Pipe Sine Company c/D Wilbert Firestien 39053 Weld County Road 27 Greeley, CO 8D631 Four C Land Company c/o David_E. Clark 12425 Saddle Horn Trail Scottsdale, AZ 85259 C & M -Ready Mix Concrete Company 7916 Niwot _toad P.O. Box 490 Niwot, _CO 80544 Hall-Irwin Construction Company 3026 Fourth Avenue P.O. BOX 649 Greeley, CO 80631 Associates, Limited 518 Seventeenth Street Suite 640 Denver, CO 80202 �� DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 915 10th STREET GREELEY,COLORADO 80631 COLOR A DO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, October 2, 1990, at 1:30 p.m. for the purpose of considering a Site Specific Development Plan and a Use by Special Review permit for the property described below. Approval of the request may create a vested _property right pursuant to Colorado Law. APPLICANT: Hall-Irwin Construction Company LEGAL DESCRIPTION: Part of the NE} SEi and SEi NEI of Section 31, T6N, R66W of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF PROPOSED USE: Sand and gravel mining operation. LOCATION: Approximately 1/4 mile north of the City of Greeley; north and adjacent to Weld County Road 62-1/4, west and adjacent to Weld County Road 27. SIZE: 65 acres, more or less The public hearing will be held in the Weld County Commissioners ' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 915 Tenth Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on October 2, 1990. Copies _of the application are available Tor 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. Jerry Kiefer, Chairman Weld County Planning Commission. To be published in the New News To be published one (1) time by September 13, 1990 Received by: Date: / /G 790 t I\\ DFPARTMENTDFPLAN-NING SE-RVICES PHONE(303)356-0000,EXT.4400 91510th STREET WIII GREELEY,DOLORAUO>30631 4 COL-OR AD-© September 4, 1990 Gary Tuttle Tuttle -Applegate, Incorporated 11990 _Grant Street, Suite 410 Denver, CO 80233 Subject: USR-927 - Request for a site specific development plan and use ly special review permit Tor a sand and gravel pit on a parcel of land described as part of the NE$ SE} and SEi NEi of Section 31, T6N, R66W o₹ the 6th P.M. , Weld County, Colorado Dear Mr. Tuttle: 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 Manning Commission on Tuesday, October 2, 1990, at 1:30 p.m. This meeting swill take place in the County -Commissioners' Hearing Room, first door, Weld County Centennial Center, 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members might have with respect to your application. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the -property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Greeley Planning Commission for its review and comments. Please call Steve Hill at 350-9783 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Planning Commission Meeting to answer any questions the Commission members may have with respect to your application. It is the responsibility of an applicant to see that a sign is posted on the property under consideration at least 10 days prereding the hearing date_ Sometime prior to September 21, 1990, you or a representative should call me to obtain a sign to be posted on the site no later than _September 21, 7990. 9'W . 3A September 4, 1990 USR-927 Page 2 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. Respectfully, gr C/C,` Rod Allison Principal Planner .�00, €3 INIMMEM TUTTLE APPLEGATE, INC. Consultants-for Land and Resource Qevelopment December 20, 1990 Mr. Jeff Stoll Weld County Health Department 915 Tenth Street Greeley, Colorado 80631 RE : APEN for Weld County USR 927, Hall Irwin 83rd Avenue Development Dear Jeff: As we have discussed over the telephone , we are requesting a temporary waiver of the requirement for applying for and obtaining a fugitive -dust permit for this proposed project. The reasons for this request are as follows : i . Weld _County will be the proposed operator of this gravel pit and does not have plans to begin excavation for aeveral years . 2 . We have no way of knawing what type of equipment will be used _by the County when they do move into the pit. The -Health Department typically requires a full description of the equipment including models and serial numbers fnr approval of a plan. 3 . It would be a waste of tax payer dollars to require filing for a permit at this time and paying the annual fees when no work is currently being done or will be done for the mext -several years . We would suggest a better way to handle tilts particular applicatinn would be to grant approval without the fugitive -dust plan with the stipulation that a plan must be applied for and approved prior to mining commenciaq nn the property. This would protect the County amd save the unnecessary spending of money for -a permit that is not presently needed. 7eff, I appreciate your help and input on this mattes. If you need any additional information or have questions, please do not hesitate to call . Cordially, TUTTLE APPLEGATE, INC. gd-e- 41,15— �� i Mike Applegate, P. E. - CMA/Cr Itile LG. 'and rU: cc : file #p0-139 Brett Hall , Hall Irwin Construction Rosa Allieon, Weld County Planning .Dept. Kenny Schraesler, Weld County Road & Bridge Dept. 2!: 613, 1199-0 Grant Street Suite #410 Denver, Colora-do 80233 Telephone : ( 303 ) 452-6611 Fax: ( 303 ) 4-52-275'3 14TH MEMORRADUM Wilk io Rod Allison Weld bounty Planning Date -January 16, 1991 COLORADO From Wes Potter, Director, Environmental Protection Services Subject: Dust Abatement Plan for Hall Irwin Gravel Pit The dust abatement plan, required as a condition of approval, -may be submitted prior to actual start up of the facility. The staff is confident that an acceptable plan can and will be implemented if Weld County _operates the gravel pit operation. WP30/dgc ��V 2 k‘ 0, 1 e 19', r ;�:, t�s�lvto. :,,min vnc Cr.^9 ir- ,.- OF COt° ROY ROMER �,�0 _�I Governor h O JERIS A. DANIELSON # r, * State Engineer #� * /876 OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 _ (303) 866-3581 • - - - -� i I November 5, 1990 \! wale t( ,, Mr. Rod Allison Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: Hall -Irwin Donstruction Company Site Plan NE1/4 SE1/4 & SE1/4 NE1/4, Sec. 31, T6N, RE6W Dear Mr. Allison: We have reviewed the abovE referenced proposal to mine sand and gravel on a 65.408 acre tract. A permanent ground water lake will be created in the operation. The applicant has obtained a decreed plan for augmentation in Water Court (Case No. 88CW127) to cover the depletions to the river system caused by the mining operation. As long as the conditions of this decree are complied with, we -have no objections to this proposal . We would recommend, however, that adequate ground water monitoring should occur to determine impacts, if any, which may occur to nearby wells. A mitigation program should be established to define parameters and responsibilities if impacts do occur. Sincerely, James C. McDanold, P.E. Senior Water Resources Engineer JCM/c1f:4022I cc: Alan Berryman, Division Engineer Bruce DeBrine F •N � COMMUNITY DEVELOPMENT City of 00010T H STREET,-GREELEY, COLORADO 80631 (303) 350-978O Greeley September 26, 1990 Mr. Uerry Kiefer, Chairman Weld County Planning Commission 915 10th Street Greeley, Colorado 80631 Subject: Weld County Referral #USR-927 Dear Mr. Kiefer: On September 25, 7990, the City of Greeley Planning Commission reviewed the request by Hall-Irwin Construction Company for a Use by Special Review for a sand and gravel operation. This pit would be located approximately one--quarter mile north of the City of Greeley. After conducting a detailed review of this request, the City of Greeley planning Commission found that the request does comply with the Greeley Comprehensive Plan. The Greeley Planning Commission also recommends that Weld County: I. Request SO feet of right-of-way be dedicated from the centerline of both Weld County Roads 27 and 62-1/2 . 2 . Encourage beneficial post-mining land uses which may accommodite future trail improvements. As always, the City of Greeley appreciates the opportunity to comment on Weld County referrals. Sincerely, �� Gre Flebbe Pla ner II �1.e _-3 1989 GREELEY bald ALL m mIG m 'lII � HALL- VIN CONSTRUCTION COMPANY 83RD -AVENUE DEVELOPMENT APPLICATION FOR A -MINING USE BY SPECIAL REVIEW PERMIT WELD COUNTY, COLORADO AUGUST 1990 TUTTLE APPLEGAT#, INC. u�w�u i..,�w■n.wca oe.Hopmem 83I3ID AVENUE DEVE7AOPMENT Weld County, Colorado Application for a Mining Use By Special Review APPLICANT: Hall-Irwin Construction Company P . O. Box 649 Greeley, Colorado 80631 CONSULTANT: Tuttle Applegate , Inc . 11990 Grant Street Suite 410 Denver, Colorado 80233 ( 303 ) 452-6611 90-139 August 17 , 1990 21.01.3A 3 WELD COUNTY, COLORADO USE EY SPECIAL REVIEW APPLICATION for MINING PERMIT Weld County Department of Planning Services, 915 10th Street, Greeley, Colorado, Phone 356-4000, Extension 4400 For Department of Planning Services Use Only Case Number: Date Application Received: PC Hearing Date: Section: , Township: North, Range: West Zoning District: ?recording Fee: Permit Fee: Recording ree Receipt #: Receipt Number: Application Reviewed By: To be completed by APPLICANT in accordance with procedural guide Requirements: 1. I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission concerning a proposed gravel and sand (gravel, coal, borrowpit, etc.) mining operation for the following described unincorporated area of Weld County: LEGAL DESCRIPTION All that part of the Northeast Quarter of the Southeast Quarter (NEa SEA) and all that pare of the SuuLlicaaL Quarter of the Northeast Quarter (SE, -NE0 or said bection Thirty- one (31) , which lies south of the Cache La Poudne River, all in Township Six (6) North, of Range Sixty-six (66) , West or the Sixth (6) Principal Meridian, County of Weld, State or Colorado. See attached description. TOTAL ACREAGE: 65 . 40 2. Surface bwner(s) of area of land described Name: Hall-Irwin ConstAddress: P.O.Box 649 Phone: (303) 352-604 Name: Address: Greeley, CO 80631 Phone: 3. Owner(s) of mineral rights to substance to be mined Name: Same as above Address: Phone: Name: Address: Phone: 4. Source of applicants' legal right to _enter and to mine on the land described: Warranty Deed (Attached certified copy of any document noted to the back of this form) 5. Address of applicant and general office Applicants address:P O,Box 649 ;Greeley, CO 8063Phone: (303) 352-6057 General Office address: Phone 6. Identify any prior permits for mining held by applicant or affiliated person: Herbst Pit— Special Review 7. Description of Operation a. Types and number of operating an processing equipment to be employed: One bulldozer, grader, loader, and two haul trucks will be used in the mining operation. A portable processing plant with crushers, screens , and conveyurs will be employed. b. Maximum number of employees: . 3 , and number of shifts: 1 c. Number of stages to be worked: 1 , and periods of time each is to be worked: 20 years d. Thickness of mineral deposit: 6-14 feet , and thickness of the overburden: 51/2-91/2 feet e. This will be a wet/Jar pit operation. f. Site entrance/exit points and county roads and bridges to be utilized between site and delivtry point(s) (must be coordinated with County Engineer) : Site entrance/exit points are located on Weld County Road 27 . From the access points trucks will travel north and south on Weld County Road 2 / . 8. Description of Rehabilitation a. Proposed rehabilitation land use(s) : Pastureland and Wildlife habitat b. Source of technical advice for reclamation: Soil Conservation Servire and Colorado Division of Wildlife c. Explanation of Reclamation Process: Backfilling of overburden to ginpeq of no greater than 3 : 1. Spread topsoil 6 to In inrhPG over disturbed area and planting of grass and f re,e,g arniinr1 the, perimeter Of lake. I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF Weld STATE OF Colorado i Signature: wner/Authorized Agent " ' Subscribed'and sworn to before me this /3 -- day of /� 4,. ^� , 19 SEAL f c�ere_e_e, Li NOTARY PUBLIC (9 Hy Commission expires 67eVetz:.,, ,�� �7/ LEGAL DESCRIPTION A tract of land being the northeast quarter of the southeast quarter and all that part of the southeast quarter of the northeast quarter of said Section 31 , which lies South of the Cache La Poudre River, all in Township 6 North , Range 66 West of the 6th Principal Meridian, County of Weld , State of Colorado and being more particularly described as follows : Commencing at the northeast corner of said Section 31 and considering the East line of said Section 31 to bear South 01° 20 ' 22 " West, with all other bearings contained herein being relative thereto; Thence South 01° 20 ' 22" West, 2349 . 72 feet to the true point of beginning; Thence South 01° 20 ' 22" West, 1625. 83 feet to the southeast corner of said northeast quarter of the southeast quarter; Thence south 88° 33 ' 23" West, 1421 . 84 feet to the southwest corner of said northeast quarter of the southeast quarter; Thence Norhth 02° 28 ' 54" East, 2098. 57 feet to a point on the South Bank of the Cache La Poudre River; Thence easterly along said South Bank by the following six ( 6 ) courses: South 71° 51 ' 41" East, 19. 92 feet; South 87° 39 ' 23" East, 227 . 27 feet; North 71° 00 ' 28" East, 418. 35 feet; North 88° 49 ' 43" East, 159 . 80 feet; South 43° 29 ' 31" East, 537 . 64 feet; South 49° 21 '_03" East, 259. 84 feet to the true point of beginning; Said tract of land contains 65. 408 acres, more or less, and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said tract of land. . . OMNI -ORM TUTTLE APPLEGATE, INC. Consultants for Land and Resource Development August 16 , 1990 Weld County Department of Planning Services 915 Tenth Street Greeley, CO 80631 RE : 83rd Avenue Development, Use By Special Review For Mining Dear Sir ; TUTTLE APPLEGATE, INC . has been retained by Hall-Irwin Construction Company to assist them in the preparation of a Use By Special Review Permit in Weld County for a mining operation . The site is located between Weld County Road 62-1 /4 and the Cache La Poudre River, three miles west of Greeley. The excavation and processing area are located within an agricultural zone . 1 . We have completed an application and submitted an application fee of S855 . 00. Seventy-five dollars of this fee is for the Flood Hazard Development Permit . 2 . In providing a detailed description of the method of operation , we have attached the cpmplete MLRD Regular Operations Permit information . 3 . We have prepared a list of the names , address , and corresponding parcel identification numbers for property owners within 500 feet of the site . This information was prepared from _records of the Weld County Assessor. 4 . Your form for the certification of the names and addresses of mineral owners and lessees is also attached. The source of this materiel is from the title insurance policy. 5 . As mentioned previously, we are including a copy of the MLRD Regular Operations Permit. Our plans for obtaining water supplies will be fully explained in Paragraph 13. The plans included with the application show sections of side slopes. 01 nil 4 SEMMININMS ansa MOW MEM - ___ TUTTLE APPLEGATE, INC. Consultants for Land and Resource Development Weld County Department of Planning Services August 16 , 1990 Page 2 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 growtt, in the County. This mining operation will recover commercially valuable resources . 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 pastureland and a wildlife habitat provide facilities for agricultural use and preservation of wildlife in the area . 7 . The mining proposal is located with an agricultural district. Agricultural districts recognize mining as a special use which is consistent with other allowed agricultural uses . 8 . The property is zoned agriculture , but it cannot be classified as prime agricultural land . Being sandwiched between the Cache La Poudre River and Weld County Road 62- 1/4 its small size inhibits productive agriculture . There are some wetland areas in the center of the site which are too wet to farm. Presently, corn is being grown on the north and south portions of the property. 9 . There are no nearby residences to the property. The health, safety, and welfare of the neighborhood will be taken into consideration by compliance with air, water, and noise quality regulations . The main noise generator in any mining operation is the processing plant which will comply with State noise standards for uses in agricultural zones . All equipment will comply with air pollution and dust standards and will be permitted. Water emitted into the Cache La Poudre River will comply with the NPDES permit. The roads in the area are adequate to handle the truck traffic generated by the operation. 1•101MIMft C ON.... = �. TUTTLE A-PPLEGATE, INC. Consultants for Land and Resource Development Weld County Department of Planning Services August 16 , 1990 Page 3 10. The surrounding land uses of the property are predominately agricultural . Immediately to the west there i; an operating sand and gravel pit and to the north, south, and east the land is agricultural . The mining use and the portable processing plant are very compatible with uses in the area. The processing sine will comply with the new Industrial PPrformanre Sta-ndards . Since the area is not highly populated and will not be developed in the near future , the visual impact of the mining operation is not a major concern . 11 . Being in the floodplain _of the Cache La Poudre River, we expect future development to be of an agricultural and non- urban nature . Indeed, other adjacerrt properties along the river may be mined in the future . 12 . -The prop_osed 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 plan has complied with Section 23 and 26 of the Weld County Zoning Ordinance and a Flood Hazard Development Permit will _be applied for. 13 . The water rights on the 83rd Avenue Development property include 62 _out of 202 shares of the Jones Ditch Company. From 1956 to 1985 , 3, 258. 4 acre-feet were diverted from Jones Ditch Company. Approximately 1 , 010 acre-feet per year have been diverted to this property for mining and agricultural uses . Therefore , sufficient amounts of excess water will be available for supplemental consumptive use . See Exhibit G of the MLRD _application for details . 14 . Attached with this document is a copy of the Warranty Deed identifying Hall-Irwin Construction Company as the owner of the property. This document is included as Exhibit 0 in the MLRD application. 15 . Because of compliance with State noise standards and the rural nature of the area, noise will not be an impact. IMINIMMIMOMMININNIM • NNW GEM _ TUTTLE APPLEGATE, INC. Consultants-for Land and Resource Development Weld County Department of Planning Services August 16, 1990 Page 4 16 . The anticipated production of this pit is 75,000 to 120,000 tons of sand and gravel per year. The annual produ_ction of t-he mining operation is variable and d_ependent upon the demand for sand and gravel in -the Greeley area. The mined resource will be -processed nn the property and then moved -by truck for oft-site use . On a daily basis, the ADT will be 1-0 . Th-e trucks leavi-ng the -site will exit onto Weld County Road 27 and then proceed either south or north, no one direction will be favored. Please contact us if you have any questi_ons regarding our application . We look forward to working with you on this . Cordl a l ly, TUTTLE APPLEGATE , INC . J. 7v Gary J .` Tuttle GJT/cr Encs. cc : File #90-13J9A • 01 `�% AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property 83rd AVENUE DEVELOPMENT 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, er--an owmn ship u s , . The list compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the application submission date. The for oing instrument was subscribed and sworn to before me this iv day � ' v W TN ” -my{hopd; ,angi official seal . icy (Jpm�gis3lirn e pi cs -'_ tea � , Ifi 90 J ,n Not Public OWNERS OF PROPERTY WITHIN 500 FEET OF THE PERMIT AREA Name and Address Parcel Number 1 . Ruby Grace Lowe 0805-31-0-00-05-9 c/o Russell Billings 1727 - 71st Avenue Greeley, CO 80634 2 . Wilbert W. & M. Rull Firestien 0805-31-0-00-015 39053 Weld County Road 27 Greeley, CO $0631 3 . Sharks Tooth Pipe Line Company 0805-31-0-00-041 c/o Wilbert Firestien 39053 Weld County Road 27 Greeley, CO B0631 4 . Weld County 0805-32-0-00-050 915 Tenth Street 0805-32-0-00-052 Greeley, CO 80631 5 . Four C Land Company 0805-32-0-00-055 c/o David E . Clark 12425 Saddle Horn Trail Scottsdale , AZ 85259 6 . C & M Ready Mix Concrete Company 0805-32-0-00-051 7916 Niwot Road P . O . Box 490 Niwot, CO 80544 7 . Hall-Irwin Construction Company 0805-31-0-00-005 3026 Fourth Avenue Greeley, CO 80633 21,01,,V AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property 83rd AVENUE DEVELOPMENT 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 , from an ownership update from a title or abstract company or an attor mry. l7111A. The foregoing instrument was subscribed and sworn to before me this 1 b day of -L pt- 199i) By ,. c�.�, . _I. WIkNE45jy fiaMd #na bfficial seal . ,r My o�^toi 61.SA oh..exiVes ��� - g, � 9 d cos � + .a' +.- 'romtvruodo ‘,1M, _ 5pp ary Public \ OWNERS OF MINERALS AND/OR SUBSURFACE RIGHTS Hall-Irwin Construction Company P . O . Box 649 Greeley, CO 80631 Associates, Ltd. 518 Seventeenth Street Suite 640 Denver, CO 80202 WELD COUNTY FLOOD HAZARD DEVELOPMENT PERMIT APPLICATION Name of Applicant Hall-Irwin Construction Company Date August 9 , 1990 Address P. O. Box 649 ; Greeley, CO 80631 Home Phone (303) Work Phone (303) 352-6057 Legal Description of the Property Portions of Section 31, T6N, R66W, 6th P .M. , Weld County, Colorado (83rd Avenue Development) Zoning District A (Agricultural) Total Acreage 65 . 4 1 . General Descriptior. of Proposed Development: (Check when applicable) Manufactured Rome or Residential Non-Residential Mobile Rome ❑ New Construction ❑ New Construction ❑ On Single Lot ❑ Addition or ❑ Addition or ❑ In Mobile home Improvements Improvements Park ❑ In Subdivision. ❑ Fill Material ❑ Fill Material ❑ Fill Material ❑ Watercourse Alteration ❑ In Mobile Home Subdivision Other Sand and gravel mining with portable processing plant 2. Brief Narrative Description of Proposed Development: owner proposes to mine ansl process mineral resources at the property. 3 . Property located in designated FW (Floodway) District? Yes No XX IF ANSWERED YES, CERTIFICATION SHALL BE PROVIDED BY A REGISTERED PROFESSIONAL ENGINEER THAT THE PROPOSED USE OR STRUCTURE, WHEN BUILT, WILL NOT CAUSE ANY INCREASE IN FLOODWATER LEVELS DUPING A INTERMEDIATE REGIONAL FLOOR (100-YEAR FLOOD) OR WILL LIMIT OR RESTRICT THE FLOW CAPACITY OF THE FLOODWAY. 21.01.31, 9 4,v 4 . Property located in a designated FP-1 or FP-2 (Floodprone) District? Yes RR No A. Water Surface Elevation of the Intermediate Regional flood is: 4711 :feet above 11SL at the building site. B. Water Surface Elevation of the lowest floor of the proposed structure is: N/A feet above MSL at the building site. C. Water Surface Elevation to which structure is to be floodproofed and water tight: N/A feet above MST, at the building site. 5. Source of Information: USGS 7 . 5 ' Quad Topo Map Series (Bracewell) , FIRM Map Panel 080266-0608-C THE FOLLOWING IS TO BE COMPLETED BY THE DEPARTMENT OF PLANNING SERVICES: Receipt No. Date FIRM MAPII FEDP No. ACTION ❑ Permit is approved The plans and materials submitted in support of the proposed development are in compliance with applicable floodplain management standards ir. the Weld County Zoning Ordinance. ❑ Permit is denied The proposed development is not in conformance with applicable floodplain management standards in the Weld County Zoning Ordinance (explanation attached) . ❑ Variance is required The proposed development will require approval of a variance by the Board of Adjustment if the applicant wishes to proceed with construction. Please call the Department of Planning Services to discuss the appropriate application material needed to apply for a variance. Current Planner Date WELD COUNTY FLOOD HAZARD DEVELOPMENT PERMIT APPLICATION 83RD AVENUE DEVELOPMENT, WELD COUNTY, COLORADO (Operator) HALL-IRWIN CONSTRUCTION COMPANY GREELEY, COLORADO WELD COUNTY ZONING ORDINANCE 26.4 Standards 26 . 4. 1. FW (Floodway) FP-1; FP-2 (Floodprone) Districts - The National Flood Insurance Program Flood Insurance Rate Map (FIRM) Weld County, Colorado unincorporated areas, Community Panel #080266-0608-C , September 28, 1982, from thy Federal Emergency Management Agency (F-EMA) indicates the floodplains of a 100-year floo-d (Weld County Intermediate Regional -Floo4) is all shown as Zone A. Zone A indicates the base flood elevations and flood hazards factors have not been determined for these areas. This Zone A is the Weld County FP-1 (Floodprone ) District according to Section 53 of the Weld County Zoning Ordinance, Auslust, 1988 . No floodway boundaries are shown for this map panel . Additionally, the information was not available from the official Weld County Flood Hazard Overlay District Zoning Maps . Consequently, the conditions of Section 53. 7 for FP-1 Floodprone District apply. 53. 7. 1 . 1. - The proposed use of mineral mining and processing conforms to the requirements of the underlying zoning district of agricultural . 53. 7 . 1 . 2 - The use has been determined by Weld County staff to require a Flood Hazard Overlay District Development Permit. 53. 7. 1 . 3 - There are no proposed permanent new structures or substantial improvement of dwelling units associated with this use . The only structure planned on-site use is a movable crushing and screening process plant. The Processing Plant will crush and screen -aggregate and is an " open-framed" structure which will allow flood waters to pass through with little or no damage to equipment. There will also be temporary, movable mining equipment to be transferred around the site as mining progresses. This equipment will consist of scrapers, front -end loaders, and a conveyor system. A portable pump will also be used to dewater the pit site . 91.01.1 -1- 53. 7. 1 . 4 - In the event of a flood, the operator will move the mining equipment outside the floodway to the edge of the flood fringe to avoid any damage to the equipment. If the flooding is extremely sudden and unexpected, the equipment is capable of resisting the -hydrostatic and hydrodynamic forces expected at the site during an Intermediate Regional Flood ( IRF ) . Es=sentially, the equipment and processing plant tends to be "open-framed" , with no large continuous walls or panels to block flows and be subjected to great hydrostatic and hydrodynamic forces. The ratio of the equipment weight to potential hydrostatic and hydrodynamic forces is -extremely high and provides a more than adequate safety factor against damage to the equipment or damage to adjacent anti downstream property owners by the equipment. 53. 7 . 1 . 5 - Any new or replacement water system will be designed and built to prevent inundation or infiltration of flood water into the system by an Intermediate Regional Flood ( IRF ) . No such waterline construction is currently planned or anticipated. 53. 7 . 1. 6 - No new or replacement sanitary sewer treatment systems including individual sewage disposal systems will be built within the FP-1 Floodprone Zone . There will be no discharges from such systems into the flood waters of an Intermediate -Regional Flood. The site will use a port-o-let facility at the entrance road. The port-o-let shall be raised above the IRF water elevation, with area open beneath the facility to permit the passage of flood flows. 53. 7 . 1. 7 - There are no proposed permanent fully enclosed areas below a "lowest floor" subject to flooding. There are no new proposed permanent structures or substantial improvements associated with the proposed use . 53. 7. 1 . 8 - Any electrical , heating, ventilation, plumbing and air conditioning equipment, and other service facilities will be designed and/or located so as to prevent water from accumulating within the components during conditions of flooding. It is not currently anticipated the above mentioned types of equipment and facilities will be constructed with this use . None of the above equipment and facilities are proposed for permanent construction at this site. 53. 7. 1 . 9 - Improvements will be constructed with materials and utility equipment resistent to flood damage. Mining equipment will be utilized in the flood zone with full knowledge on the part of the owner that said equipment may be inundated and subjected to flood damage. The owner will take precautions to minimize or negate flood damage. An IRF event typically would afford time to move equipment out of the floodplain. 53. 7. 1 . 10 - All construction and improvements will be -constructed using methods and practices that minimize floor] damage . Please see pricer statements and certifications regarding temporary, portable equipment. No permanent new construction and substantial improvements are proposed. 53. 7 . 1. 11 - As indicated previously, the portable, temporary mining equipment is of a shape, weight, and frame construction such that floatation, collapse, or lateral movement of the equipment to the endangerment of the owner or adjacent and downstream property owners should be prevented. 53. 7 . 1 . 12 - There are no manufactured homes proposeA with this use . 53. 7 . 1 . 13 - There are no mobile homes proposed within the flooslplan. 26 . 4. 2 - There are no permanent structures proposed with this use . Temporary, mobile mining equipment is not subject to flood proofing requirements; none of the equipment will be elevates] fox flood damage purposes . 26. 4 . 3 - Not Applicable 26 . 4 . 1 - Any new or replacement water line will be designed and constructed to prevent inundation ox infiltration of flood water into saiA system by an Intermediate Regional Flood. No such construction is currently planned or anticipated. 26.4 . 5 - Nn new or replacement sanitary sewer treatment systems including individual sewage disposal systems will be built within the FP-1 Floodprone Zone. There will be no discharges from such systems into the flood waters of an Intermediate Regional Flood. The site will use a port-o-let facility at the scale house . The port-o-let shall be raised above the IRF water -elevation, -with area open beneath the facility to permit the passage of flood flows. 26 . 4. 6 - Assuming the floodway is mainly the river channel, the proposed use is not located in the FW ( floodway) Tistrict. The complete area of use within floodplain is designated Zone -A on the YIRM map. Nonetheless, the excavation will not cause any increase in flood water levels during an Intermediate Regional Flood. Quite the contrary, the excavation will increase floodplain storage and floodway conveyance areas and should lower flood water levels during an IRF event. 491.01.`.r -3- 26. 4. 7 - There will be minor temporary fill in the form of overburden and topsoil stockpiles within the floodplain area. The relative area occupied by these stockpiles will be very minimal, on the order of less than 1% of the total floodplain area at any particular section. The stockpiles are placed away from the river channel to avoid the floodway. Additionally, these stockpiles will be aligned with the direction of flow of the river and overbank areas to minimize impact. The additional floodplain storage and floodway conveyance afforded by the mining excavation should be a much larger, more appreciable affect than the presence of stockpiles. It is anticipated that the net effect of the excavation and stockpiling will be to decrease the flood levels during the occurrence of an intermediate Regional Flood. 26 . 4 .8 - The stockpile materials to be used in the F-P-1 Floodprone District will be aligned with the river and overbank areas to minimize hydrodynamic impacts . The stockpiles will be relatively small and will not make use of any retaining walls or other structures . Being soil material, the stockpiles are likely to support vegetation during the growing season; the time cf year when an Intermediate Regional Flood event might be expected. In any case, these stockpiles will be seeded if left more than one growing season, in accordance with the requirements of the State Mined Land Reclamation Division. Finally, it should be noted the stockpiles are not intended for use in the same context as a fill material . A fill material is generally understood to be of a more permanent nature, used in association with an intended final end land use, i . e . development including future structures. The topsoil stockpiles will bs subject to erosional forces associated with the Intermediate Regional Flood. We A0 not anticipate this erosion will be significant, and will be further minimized by stockpile location and the excavation affects on the floodplain. It is expected in the instance of an Intermediate Regional Flood event, the total sediment transported from these topsoil stockpiles to off-site and adjacent and downstream property owners would be minor in comparison with other IRF event effects ( i . e . material and debris transport) . 26.4. 9 - The proposed use does not cause or result in an alteration or relocation of the Cache LaPou-dre River water course. The mining and excavation work will observe a minimum 100 foot setback from the maim river channel itself . PREP E_ IIT7TIITTLE APPLEGATE, INC. (Sh_" try e;t Date : 6//7 /?4,0 MM i cg;L1,6ple4 . . ., e. E. / 7. ,,. -4- 6'1 8302r) AVENUE DEVELOPMENT Weld County, Colorado Application for a Regular ( 112 ) Mined Land Reclamation Permit APPLICANT: H-all-Irwin Construction Company P . 0 . Box 649 Greeley, Colorado 80631 CONSULTANT: Tuttle Applegate , Inc . 11990 Grant Street Suite 410 Denver, Colorado 80233 ( 303 ) 452-6611 90-139 August 17 , 1.y990 S1.0134S101 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. zs zvsvaaaxavvaean= GENERAL OPERATION INFORMATION Type or print clearly, in the space provided, all information described below. asxosm zzzaeesmaxs 1. Applicant/Operator Name: Hall-Irwin Construction Company 2. Operation Name (Pit, mine or site name): 83rd Avenue Development 3. Application type: Regular (112) Permit Operation. 4. Application Fee for Permitted Acreage* 65 . 4 permitted acres. (550.00 + $15.00/acre, 1st. 50 acres; 510.00/acre, 2nd. 50 acres; 55.00/acre, 3rd. 50 acres; $1 .00/acre, any additional acreage; maximum fee of 52,000.00).* Note permitted acreage and application fee and attach a check for this amount when you file. 960 . 00 application fee. 5. Substance(s) to be mined (e.g. , gold/silver/gravel ) : sand and gravel 6. Owners(s) of Substance to be Mined (check applicable box(s)): n Private ❑ State ❑ Federal ❑ Indian 7. Owner(s) of Record of Affected Land (check applicable box(s)): la Private ❑ State ❑ Federal ❑ Indian 8. Type of Mining Operation (check applicable box(s)): Surface ❑ Underground ❑ 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) : EY 6th (Colorado) ❑ 10th (New Mexico)❑ Ute TOWNSHIP (write number and check direction): T 6 rti North ❑ South RANGE (write number and check direction): R 66 ❑ East EY West SECTION (write number) : S 31 QUARTER SECTION (check one) : ❑'vE- ❑ NW :(8 SE ❑ SW QUARTER/QUARTER SECTION (check- one): Et NE ❑ NW ❑ SE ❑ SW GENERAL DESCRIPTION: (miles and direction 3 miles west of Greeley from nearest town and approximate elevation) approximate elevation 4710 • * 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 calculatign. -2- • 10. Correspondance Information APPLICANT/OPERATOR (name. address, and phone of name to be used on permit) Individual 's Name: Bret Hall Company -lame: Hall—Irwin Construction Company Street: P. 0. Box 649 City: Greeley State: Co Zip Code: 80631 Area Code: 303 Telephone: 352-6057 PERMITTING CONTACT (if different from applicant/operator above) Individual 's Name: Gary J. Tuttle - Company Name: Tuttle Applegate, Inc . Street: 11990 Grant Street; Suite 410 City: Denver State: co Zip Code: 80233 Area Code: 303 Telephone: 452-6611 INSPECTION CONTACT (if different from applicant/operator above) Individual 's Name: • Company Name: Street: City: State: Zip Code: Area Code: Telephone: 11 . Primary future t(9 Cropland(CR) O Pastureland(PL) ❑ General Agriculture(GA) land use O 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(NR) O Solid Waste Disposal (WD) 12. Primary present ❑ Cropland(CR) ®x Pastureland(PL) O General Agriculture(GA) land use O Rangeland(R1) O Forestry(FR) O Wildlife Habitat(141) (check one): O Residential(RS) O Recreation(RC) ❑ Industrial/Commercial (IC) O Developed Water Resources(NR) To the Asst of no( knowledge, -all the information presented on this application form and the attached Exhibits -P are true and correct (must bsigned p1i a /o .a r). Date: G7-S�;l� 8y: ;: a / _ EXHIBIT A LEGAL DESCRIPTION A tract of land being the northeast quarter of the southeast quarter and all that part of the southeast quarter of the northeast quarter of said Section 31 , which lies South of the Cache La Poudre -River, all in Township 6 North, Range 66 West of the 6th Principal Meridian, County of Weld, State of Colorado an-d being more particularly described as follows : Commencing at the northeast corner of said Section 31 and considering the East line of said Section 31 to bear South 01° 20 ' 22" West, with all other bearings contained herein being relative thereto; Thence South 01° 20 ' 22" West, 2349 . 72 feet to the true point of beginning; Thence South 01° 20 ' 22" West, 1625 . 83 feet to the southeast corner of said northeast quarter of the southeast quarter; Thence south 88° 33 ' 23" West, 1421 . 84 feet to the southwest corner of said northeast quarter of the southeast quarter; Thence North 02° 28 ' 54" East, 2098 . 5-7 feet to a -point on the South Bank of the Cache La Poudre River; Thence easterly along said South Bank by the following six ( 6 ) courses : South 71° 51 ' 41" East, 19 . 92 feet; South 87° 3-9 ' 23" East, 227 . 27 feet; North 71° 00 ' 28" East, 418. 35 feet; North 88° 49 ' 43" East, 159. 80 feet; South 43° 29 ' 31" East, 537 . 64 feet; South 49° 21 '03" East, 259 .84 feet to the true _point of beginning ; Said tract of land contains 65. 408 acres , more or lese, and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said tract of land. P-1 _ EXHIBIT B _ C Q 1 O,, _ _ r —« -4150; R 6 6 W c ,,,,.09. EqN .a �u. 4737 -. o a! —�'• �f4736 •747 -� •:�� 4]57 J0 015°' ' 7 4748 j BM np° �' 4744 ,'welt �� Bracewell �� . • or re, eJ Iti _ 414a ') "a-= �',,o wen 2g •.e. ` ! I▪ ` b: —7�e 30 4 � ( `--, • i , ti \ � 0 \\ry t •-., , 4740 a• N, A, q4 ,:g230i , ,- "'0 , �l, -7. �_ r 4)20 11 L— _4739 ��� ,__,. __.r l�— b5 �� 4]25 —J 'al' j0. 1A -47'o iii / RI Y ) f• - ^-- D 'E — _-__ _ CV. r _/ ' '. 1' 4PERMIT 4 _\�y % o AREA]31 G f� 0� /_4„a —°^lh \� -- --- ti �l c (�0 �` s0 i/P� r One ` _ 4nr � N'W�` .---' '� 7 47g ''Y C �A� !� ' 4]25 - W.C.R. �i 82 1/4 • �� _ ,- s v � 2 1 '-v fi N 9�PlIi i .'‘1, �i, eooA r kt. reel I_v ire 1 � 9- 6° I II i p:l� i�('c gd 'c. 4 - m� � vas, �� �� �- _ l �. (1 \ ''k 1 ( � S � 0 �� n0 / 1. 01 v :,c �� ) �( 1 ill/,/ 1 4TJ] • c, .� �� _...,--1- �� \ � �0 `J ` Subs to i. . _�>s0 '.Boo � i Y a at ioN - •90. / -- - • • • U.3. 928 ` 0 2000 ED 1' 20 N / f V I V I N I T Tv MAP _�_ TUTTLE APPLECATE, INC. Comellenls la land and Resource Development La. 11990 Grant Street, Suiterrill ill 4 / Demer, Colorado 00233 Y..v�� .'�`'e 13031452-6611 EXHIBIT D MINING PLAN The site presently consists of cropland , a wetland, and an area of disturbance . Farming occupies the north and south portions of the site with the wetlands and the disturbed land situated in the middle of the property. The disturbed land consists of piles of trash and scattered heaps of trees . The 83rd Avenue Development mining operation will consist of approximately 65 . 4 acres. Of the total 65 . 4 acres on-site , only 40 acres will be mined ( See Exhibit C ) . A geotechnical investigation of the property revealed the soil strata to be 6 inches of topsoil ; 5-1/2 to 9- 1/2 feet of overburden consisting of silty clay, sandy silt, and silty sand which overlays 6 to 14 feet of quality sands and gravels . All of the sand and gravel on-site is situated below the groundwater table , therefore , dewatering will be required during the mining operation . The discharge water from the site will require a NPDES discharge permit as issued by the Colorado Department. of Health. The owner of the mining operation will obtain this permit prior to excavation . The wash water associated with processing of the product will be delivered to a sedimentation pond before being released to the Cache La Poudre River. The pit will be excavated to a depth of 15 to 20 feet. Mining shall commence in the northwest portion of the site and proceed in an easterly direction proceeded by a portable crusher and screen . An area approximately 400 feet by 400 feet will be excavated at a time and shall be reclaimed while mining occurs in the next designated area to the east. This method of mining will be used to reduce the amount of disturbance to the site , wildlife , and groundwater. Excavation will be performed by front-end loaders and/or backhoes. The material will be processed near the pit opening. Overburden and topsoil shall be stockpiled along the west, south and east perimeters of the pit. Upon processing, the product will be stockpiled and hauled from the site . X134 D-1 The annual production of the pit is highly variable and dependent upon need for the resource due to economic growth in the Greeley, Windsor, and the Weld County area. The anticipated production of the site is 75,000 to 120,00-0 tons per year based on the current growth of the area and the proposed processing equipment to be used on-site . The mining operation will involve 2-1/2 to 4 acres per year based on the production range stated above . Table 1 lists the maximum amount of disturbance at any given time . These figures will also be used to determine the annual cost of reclamation. TABLE 1 MAXIMUM ANNUAL DISTURBANCE Manor Disturbance Mining 4 . 00 Acres Stripping 4 . 00 Acres Overburden Stockpiles 1 . 00 Acres Moderate Disturbance Processing Site 2 . 00 Acres Roads 0 . 90 Acres Graded Land from Previous Year of Mining 0. 71 Acres Minor Disturbance Preparation of Reclamation Areaa 0 . 50 Acres The amount of disturbance anticipated in each phase has been determined from evaluating Exhibit C . Approximate life of this mining operation will be 20 years. D-2 91•01 ,3/0 EXHIBIT E RECLAMATION PLAN Reclamation of the site will consist of a pond and pastureland (See Exhibit F ) . The reclamation as proposad was chosen for its compatibility with the existing area. The creation of a pond in this area will enhance the wildlife habitat presently found in the riparian area. The remaining portions of the site will be used as pastureland. 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 . Topsoil will then be redistributed to a dept to 10 inches over all disturbed areas and down to the water line . No revegetated slopes will be steeper than 3: 1 allowing seeding along the shoreline as well as providing safe access to the ponds. Slopes of 6 : 1 to 8: 1 will be located around the pond to establish a wetland habitat. An island will also be constructed to encourage wildlife to the area. Overburden stockpiles will be seeded if they sit longer than one growing season. It is anticipated the mining operation will not consume more than four ( 4 ) acres per year and reclamation will be done immediately following the mining. Therefore , we anticipate the maximum reclamation in any given year will consist of four (4 ) acres of grading and backfilling of overburden material . Also there will be another half acre ( 25% of the two acres in Exhibit L ) that would be reseeded to allow for nongermination from the previous year. Release of the financial warranty for this seeded area would not have occurred. See Exhibit L for the associated costs related to each reclamation duty. Following this exhibit are Soil Conservation Service (SCS ) recommendations on soil preparation, seed mixtures, fertilizers and mulching. The seeding rates are drilled. If broadcast, double the amounts given. Western wheatgrass will be used to seed stockpiles left more than one growing season. E-1 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 pond and pastureland . 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. No slopes will be steeper than 3 : 1 above water and 10 feet below water with 2 : 1 slopes in water deeper than 10 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 lowerin-g 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 . E-21_ 11..., 1 . This operation will be in compliance with applicable Colorado Water Laws and Regulations governing injury and existing water rights . Applications for change of water rights and plan of augmentation has been filed in the Water Court, Water Division No . 1 . 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 in drainageways . b ) No earthen dams or impoundments are necessary at this site . 6 . 3 Wildlife a ) Impacts on local wildlife populations are expected to be negligible . No trees or woody vegetation along the river will be disturbed. 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 the riparian area along the Cache La Poudre River 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 riparian will be undisturbed and followed 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-3 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 9f this area will be reclaimed as forest land . c ) The choice of reclamation for this site is pastureland and a pond. The majority of the slopes will be 3 : 1 , gentle enough for livestock and wildlife to traverse . Slopes of 6 : 1 to 8: 1 will be constructed to allow wetland and riparian plant species to become established. Seeding will be done by either broadcasting or drilling. 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 . E-4 fab "1y ,_,,., F'LFrrJN=Fd: L% s ==�'1' l: : �; f'i')jpar PLANNED , DATE: rt;+�.'P9 {'Q T'kACT OR AGRFEMEN7 C : Field No. : SEE PLAN NAPS AcreL 1 . 0 Irrigated!ated! IN No. : )r act ,. No. : ?�cul and: i... 79 � Range Site! 11PLAI`••'D -act. Name: RECLAMATION SEEDING SEE Nt,TL Prep. ---------- Seeding Operation !----------- . Till. dates:Sep 15 - Oct 15 Method- na s:O •.•t. t:af'1t; ria{. Dates:Oct _. M1cx,] 1.�ti Drill-on contour I ea,n-..t. i 1 l ed_- Tnterseed- b. required I.n t,�r t,t,c�,... Drill Type__ Grass Drill Sparin -%'_12 in. Other- salvaged topsoil Planting Depth-1./4 '.- 3/4 in ( drilled) double rate if broadcast and cover seed by raking. '''{::i. l. i zt r2 Weed Control. : --------- Pounds actual per acre (available) Nitrogen : 4(x'1 l bs/aC Dates:Mau-June Mowing-* Phosphate: 4D lbs/a.c Chemical-* Potassium: N/A Type and Amount as neec:iec-1 and at appropriate times Itil.chi : at correct rates. Kind- Weed-free native hay ** Amount- 2 tons/ac 'low applied- spread uniformly How anchored-crimped Anchor depth-4 inches into soil *} Hay from native rangeland is prof-erred. Hay should he inspected before application, SEEDING PLANNED: (3) (4) (5) (6) TOTAL PLS ( ] ) (2) PLS/ACRE "r' OF PLS RATE- PLANNED REQUIRED_VARIE.TY SPECIES �+ 100 MIXTURE PER ACRD ACRES FOP SEEDING ' - NATIVE ALKALI SACATC!hJ 1 . 5 'i10--�-_ _____ __��-1'3~=� __�-._��_ _._____._._.__._�. BL.ACKWEL..L. SWITCHGRASS 1 .0 0. 2 4.5 15 0. 6R 1 . 0 0, 7 SODAR STREAMBANK WNTGRSS 11.0 5 0.55 1 . 0 0. 6 AR RIBA I BA WESTERN WHEATGRASS 16. 0 30 4.80 1 .0 ( NATIVE PIG BL_UESTE:'h1 4. 8 1 1 .>r� i r'� 1 .65 1 .0 1 . 7 LI...F;NO YELLOW 1NDIANGRASS 10. 0 VAUGHN SIDEOATS GRAMA _l 0. 50 1 . . 5 `�•0 2G� 1 , 80 1 .['10 1.1. 5 1.00 10. 13 `SE=E: NOTF_. 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, Russianol ive, SF::unk:bush sumac, Chokecherry, American plum, Cattails, Wild licorice, rushes and sedges may be planted to enchance wildlife value and aesthetic appeal . � 101 3,4 H-orm CO- ECS-5 ( Computer Drat )i.',.. s t" t:•. ,� �.. RATE _ _' t:trfL.}c_}l.t'.R= C.- 8, MCC) Crete PART 1 : SEEDING PLANNED CONTRACT I ATE: 8/g/69 OR AG E:FMENT #: Field No. : SEE PLAN MAPS MLRA: G67 Acres:s: 1. . 0 irrigated: i CIN No. Dr•uland: Range Site: W1=•.l..? A D Pract. Name: RECLAMATION SEEDING SE=E NOTES I SeedL:ed Prep. --------•----- Spfarfi rcg Opc:r e t i c^rf Till dates:Sep 15 - Oct 1.5 Method- Dates:Oct. - _-_Ma Y 15 Plant riete..;, : Dei l l -•can contour Clear.--t'il led Int:errFed- F i.rm seedbed- required � Stubble- Drill f :.•� CrarlCee;#.'-dhil i^a4t- Type- Grass Inter•seed- 1.}ri l ] c;r,ac, ne-7-1. ir.. Other-- salvaged topsoil Planting Depths-1/4 - ;.3%4 in (drilled) if broadcast then double rate and cover seer; by raki-ng. Ferti. l i Ear : ----------- Weed Control 1 Pounds actual per acre (available) Dates:May-,June's Nitrogen : 40 1 b s/a.C'. h1 rr w 1 n n-•* Phosphate: 40 l bs/ar Chemical-* : Potassium: as needed Type and -Amount- es needed and at appropriate times Mulch : __.____ at correct rates Find- Weed-free native hay *4 Amount- 2 tons/-ac Ho:q aPPl ied-- 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 s=hould be inspected for weed seed prior to application. SEEDING PLANNED: (3) (4) (5 ) (b) TOTAL PLS ( 1 ) () PLS/ACRE ? OF PLS RATE PLANNED REQUIRED --_ VARIETY SPECIES_. -------------- -@ ID0 MIXTURE PER ACRE:. ACRES FOR SEEDING PAL_ATON REED CANARYGRASS 3.5 ` - 45 1 . 56 - ^1 .0 .0 _._ _..__'1 . 6 ��_._� NATIVE PRAIRIE CORDGRASS 4.`_'i 20 0. 90 1 . 0 0. 9 REVENUE SLENDER WHEATGRASS 11 . 0 10 1 . 10 1 .0 1 . 1 NATIVE CANADA WIL RYE 1. 1 . 0 25 2. 75 1 .0 2.8 100 6. 33 SUE NOTE REMARKS: The total pounds PLS is for one acre. This mix is intended for use .,nn reclaimed shorelines around the lakes or ponds. In addition, shrub and 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 mace be obtained commercially or by collecting locally. EXHIBIT G WATER INFORMATION The mining operation is proposing to partially dewater the pit during the life of the mine and the reclamation of the site will consist of mostly water surface . Therefore , the pit will have a affect on the groundwater in the vicinity. The dewatering operation of the pit will have a minimal detriment to the groundwater in the vicinity. The depth of lowering the groundwater to allow the mining operation as discussed earlier will be only the depth of the minable resource and is not anticipated to have a negative affect on existing groundwater wells in the area. The master extraction list and water rights as recorded with the State Engineers Office for the vicinity can be found in Appendix A. Dewatering will occur in localized areas on-site only and will be used to allow mining and reclamation of the phase currently being operated. The upstream groundwater will be most affected by the dewatering . Fortunately the applicant owns and is mining this upstream land so no significant groundwater rights impacts are foreseen . The dewatering process will require a NPDES discharge permit which will monitor the quality and quantity of discharge into the Cache La Poudre River . The discharge from the dewatering is not anticipated to have any negative effect on the Cache La Poudre River. The final site configuration will provide means to maintain the storm runoff from the site at or below the historic rate , therefore , not creating problems with adjacent lands . The site is within the 100 year floodplain of the Cache La Poudre River . In order to pass flood flows while minimizing erosion to the land, our plan proposes spillways between this pond and the adjacent pond to the west and the river. These spillways will be two to three feet deep and approximately 300 feet wide . Project water requirements at full development are estimated to be 60 to 65 acre-feet per year for evaporation augmentation , 4 to 5 acre-feet per year for -dust suppression, and 2 to 3 acre-feet per year (0 . 02574 acre-feet per thousand tons of gravel mined) for moisture content loss . An application for Change of Water Right and Plan of Augmentation will be submitted to the Water Court, Water Division No . 1 . y ell G-1 The operator owns 62 shares of 200 shares issued by the W. R. Jones Ditch Company. The mean annual diversion of the W. R. Jones Ditch Company over the period from 1956 to 1985 was 3, 258. 4 acre-feet. The operator ' s shares would have delivered 1 ,010 acre-feet per year during this period. 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O O O N N N N O O O O N O O O O O N O O O O O-----------..w w N w w.............-0 J ......................................U.................................i.................. !Aa 1011R3RIMIli!IIIIMIII��y�MEEIINPAPRWOPRIIIIIMIoIoA 1 M V a Y-O Y O N N 'IS 0" a 00 w s a : E ww v J7 a8 a'aaaaaaao2aaaeaaaaaaaaaaaa%%%-“aaaaaaaaaa,—eavi a3aaaaaaa P `1 nraR1t761Y.761Y1ASX1X1gmmnAAQkRANNNN..aaaaaaa.2222 19222P11.V IAAAAA"'N s : E 0171%%%%za�aOJDMI%%% 21taaaazaaaaa QOO12%%%%aAA%7IAQI%2%Wi%%2I% mmg@o o2PLgoapoo @altmol@p@@mommim@ mi QOM M@@@g@ I ¢ » g S J N-4 s�y J���((5 O N^4 ill i k uN�� !..14 .1:7, 7, _ f rI _4 g §44I11IIiiyi44aig4`43--q .§,-N--N � 8_O �E1 all —y-jN� /(� i 5__t FFFMO� 2 4 y �er � �S���1G �NN�1�- � °1_3�.� 1 "1 55 " ” 0.4gib5��i aigagiri �ik4I�0m��� 4 s ass§A5 ,. !W YsdiiSE.3,SW assess �Ls _ a a OIRRIPSPI aAExe'O we ,, ss n �n�- 4 .w3 axsz "ga - _ EXHIBIT H WILDLIFE INFORMATION Enclosed are the comments and the Mined Land Wildlife Statement/Evaluation prepared by the Colorado Division of Wildlife . Every effort will be 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 La Poudre 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 and shrubs are included in the reclamation plan. 4 . Hall-Irwin will inform its workers about the nearby wintering bald eagle population and supervise their activities so they will not disturb any eagles which visit the site . Lack of large trees on this site limits roosting possibilities for eagles. 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 and the river course . 6 . The depth of the lakes will be 15 to 20 feet and will be available as a warm water fishery. The digging by the backhoe 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 and shrubs suited for wildlife cover and food sources . 0..i.. . J.. .Q H-1 MINED LAND WILDLIFE STATEMENT/EVALUATION (Revised) for limited impact and select regular mine applications The following information pertaining to wildli#e 1s provided for use by Mined Land Reclamation -Board in their consideration of a mining -permit for: Hall-Irwin construction - Sand & Gravel - NE}, SEi, T6N, R66W Weld County Name/Type and Location of Mine (Legal) Wildlife Species list: Deer, coyote, _fox, rabbits, raccoon, opossum, beaver, muskrat, weasel, skunk, squirrel, pheasant, dove, waterfowl, shorebirds, magpie, raptors and -numerous seasonal songbirds and small rodents. Endangered/critical species/impacted: No known threatened or endangered species Critical habitats/vegetative communities impacted: One small wetland will be negatively impacted. Assessment of impact: The general area is cultivated _farmland; however, the wetland is excellent wildlife habitat. Mine Reclamation recommendations (include key species/habitats for which restoration is designed) . The area involved is excellent habitat; therefore,it is recommended that the perimeter of the ponded area be left as irregular as possible and the shorelines sloped at least 4:1 or 5:1 to allow emergent vegetation to reestablish in order to create nesting and escape cover. Otherwise we concur with the reclamation plan of tree planting and establishment of ground cover. Bogart /0 Prepared Don Bog %I� p By: ' Date: August 6, 1990 c%14 rwl Submitted By: Date: This statement is void if not processed within 1 year. This analysis does not constitute approval of application. Paee 2 of 2 EXHIBIT I SOILS INFORMATION Empire Laboratories, Inc . prepared a Preliminary Minexal Evaluation dated January 21 , 1987 . The report found the site to contain topsoil and overburden materials such as silty clay, sandy silt, and silty sand . The depth of the topsoil at the site was six inches and th_e overburden thickness varied from 5-1/2 to 9-1/2 feet. The minable resource, sand and gravel , ranged in thickness from 6 to 14 feet. Siltstone bedrock was encountered beneath the sand and gravel stratum at 15-1/2 to 22 feet below the suxface . Also included in Exhibit I is a map illustrating the classification of -soils and descriptions of the soils found on- site as determined by the Soil Conservati.on Servi_ce . I-1 r";)1.3.1 ,;";)1.3. 3( (--' EXHIBIT I 1 J R66W / 1� 25 „ , - 'I--. 47 29 eY 3U 4 46 31 32 r 50 - a } I. ;. 51 32 t 'I - 444 yl !• r .� 52 47 Q - 5 .. .. 1 y .. _ Y W. .: st -_..g .'�. >. 19 y. . , LA 1 /. Ui 'E i! zo ��r 3 s y y 3 , . 36. a 'w 31 r " fir' �� `3 ' .�• .. io t. .. .x • a♦$ 3n b A,19 4\ ;? ♦ �4 �- x 1.•' 25 .. 3 ~ bl 13. �4 52. ...� .. •� \ _ 061 yy 51 i" 61 0055 3BP.-. �VIY cc fix`,1 63 l 63 A • 58 51 i 63 51 ' fir. 52 F4% 4 -T 51 n• ... ' 46 b - a -..� 2 ,� 4' • 37•e 61 61 47 77 [. 51 �'�6 r.. yrr `ems . ., 1 �f 37451 ,.R' .( ( r it -4. D 51 6 cJ s+ :S 24 38 .. -� k w ;:� T A; 4 w A It ' 51 �47 } 1 gNF a •48 38 47 , 47 g z ,.- �` t► - 3] U.8 -34 s' a. l 77 -. , . Il Z T /(\ /� 1' = 2000' / SOILS MAP _ TUTTLE AP Resource, INC. Consular%foe Land and\ M 11990 Grant Street, Suitex.4.,ll fill �.v IV V Dem cr, Colorado 80233 , s_ .c. ' > 1303!452-6611 EXHIBIT I 3—Aquolls and Aquents, gravelly substratum. This Permeability is moderate. Available water capacity is nearly level map unit is on bottom lands and flood plains high. The effective rooting depth is 60 inches or more. 9f all the major streams in the survey area. Aquolls, Surface-runoff is slow, and the erosion hazard is low. which have a dark colored surfaee layer, make up about This soil is used almost entirely for irrigated crops._It 60 percent of the unit. Aquents, which have a lighter colored surface layer, make up about 35 percent. About 5 is suited to all crops commonly grown in the area, tatoe - ing_eorn, sugar beets, beans, alfalfa, small grain, potatoes, percent is Aqueptsand Bankard sandy loam. These are dee and onions. An-example of asuitable cropping system is 3 p, poorly drained soils that formed in to 4 years of alfalfa followed b recent alluvium. No one pedon is typical. Commonly the y corn, corn for silage, soils have a mottled, mildly alkaline to moderately al- sugar beets, small grain, or beans.-Few conservation prac- tices are needed to maintain top yields. kaline loamy -or clayey surface layer and underlying material and are underlain by sand or sand and All methods of Irrigation are suitable, but furrow ir- gravel rigatial a the-most are common. Barnyard manure and com- underlyi8 inches. In places they have a gleyed layer in-the mercial fertilizer are needed for top yields. underlying-material. Windbreaks and_environmental plantings are generally Most of the acreage is subject to flooding. The water well suited to this soil. Cultivation So control competing table is at or near the surface early in spring and recedes vegetation should be continued for as many years as to as'Jeep as 48 inches late in fall in some years. possible followin These soils are used for rangeland and wildlife habitat. gplare R Trees that are best suited and have good urvival are R Some small areas have been reclaimed by-major drainage socky Mountain juniper, eastern and levelingand are used for irrigated crops. redcedar, ponderosa pine, Siberian -are Russian-olive, and The-potential native v ha c, Siberian .an p shrubs best suited are skunkbush sumac, p vegetation is dominated by alkali lilac, Siberian peashrnb,and-American plum. sacaton,switchgrass, and western wheatgrass. Saltgrass, Wildlife is an important secondary use of this soil. The sedge, -rush, and alkali bluegrass are also prominent. cropland areas provide favorable habitat for ring-necked Potential-production rangest'rom 3,000 pounds per acre in pheasantand mourning dove.Many nongame species can favorable y_ears to 2,000 pounds in unfavorable y_ears.-As beattracted by establishing areas for nesting-and escape range condition deteriorates, the switchgrass, alkali cover.-F'or. pheasants,undisturbed nesting cover is essen- sacaton, and western wheatgrass xlecrease and saltgrass, tial and should be included in plans for-habitat develop- sedge, and rush increase. ment,_especially in areas of intensiveagriculture. Management of vegetation should be based on _taking This soil has good potential for urban and recreational halfand leaving half of the total-annual production—Seed- development. Increased population growth in the survey ing is difficult and costly because numerous tillage prac- area has resulted in increased homesite construction. The tices are required to eliminate the saltgrass sod. chief limiting soill'eaturesl'or urban development are-the Switchgrass, western wheatgrass, alkali sacaton, tall shrink-swell potential of the subsoil as it wets and dries wheatgrass, and tall fescue are suitable for seeding.They and the limited ability of this soil to support a load. Septic can be seeded into a clean, firm seedbed. Seedbed tank absorption fields function properly, but_community preparation usually -requires more _than 1 year to sewage systemsshould13e provided if the-population den- eliminate the saltgrass sod. A grass drill should be used. sity increases. -Because of the-moderately rapid permea- Seedingaarly inspring has proven most successful. bility of the substratum, sewage lagoons must be sealed. Wetland wildlife,-especially waterfowl, utilize this unit. _.awns, shrubs, and trees gr_ew well. Capability class I ir- The wetland plants provide nesting-and protective cover, rigated. as well as some food. The nearby irrigated cropland, where wildlife obtain much of their food and find protec- 19—Colombo clay loam, 0-to 1 percent-slopes. This is tiv_e cover, makes_this unit valuable to both wetland and a deep, well drained soil flood plains and terraces at elevations of-0,600 to 4,78800 feet.-It formed in stratified openland wildlife. calcareous alluvium. Included in mapping are small areas Openland wildlife, especially pheasant, use this unit fort of soils that have a loam surface layer and some small cover and nesting. Deer -find excellent cover in some leveled areas. areas. Typically thesurface layer of_this Colombo soil is dark These valuable wildlife areas should be protected from grayish brown clay loam about 14 inches thick. The upper fire and fenced to prevent_encroachment and overuse by 7 inches of the underlying -material is -pale brown livestock. They should not-be drained. stratified clay loam and loam.-The lower part to-a depth These soils have good potential as a source of sand and of-60 inches is very pale brown loam stratified with_thin gravel. Capability subclass VI-w; Salt Meadow range site. lenses of fine sand, medium sand, and clay loam. Permeability is moderate. Available water capacity is 8—Ascalon loam, 0 to 1 percent slopes. This is a deep, high. The effective rooting depth is 60 inches or more. well drained soil on terraces at elevations of 4,500 to 4,900 Surface runoff isslow, and the-erosion hazard is low. feet. It formed in alluvium-deposited by the major rivers In irrigated areas-this soil is suited to crops commonly in the survey area. Included in mapping are small areas grown in the area, such as corn, sugar beets,beans, alfal- where sand and gravel are within a depth of 60 inches. fa, onions,and potatoes. Also included are small areas of soils that have a clay All methods of irrigation that are common to the area loam subsoil. are used.-Bordersaresuitable for-small grain, alfalfa,and Typcially thesurface layer of this Ascalon soil is brown pasture. Furrow irrigation is used for-row crops. Crops loam about 10 inches thick.-'he subsoil is brown and yel- respond to-application of nitrogen andphosphorus. lowish brown sandy slay loam about 15 inches thick. The Windbreaks and environmental plantings of trees and substratum_toaxlepth 60 inches is calcareous sandy loam. shrubs commonly grown in the area are generally well n101 3.4 suited to this soil. Cultivation to control competing vegetation should be continued for as many years as possible following planting. Trees that-are best suited and have good survival are Rocky Mountain juniper, eastern redcedar, ponderosa pine, Siberian elm, Russian-olive, and hackberry. The shrubs best suited are akunkbush sumac, lilac, Siberian peashrub, and American plum. 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 plansI for habitat development, especially in areas of intensive agriculture. Where this soil is on flood plains and is susceptible to flooding it has poor potential for urban and recreational development. On the higher terraces the potential is fair. Dwelling and road designs need to be modified to in- crease the capacity of the soil to support a load and to protect it against-frost action. Capability subclass IIw ir- rigated. f'. • 100 SOIL SURVEY TABLE 6.--BUILDING SITE DEVELOPMENT [Some of the terms used in this table to describe restrictive soil features are defined in the Glossary. See text for definitions of "slight," "moderate," and "severe." Absence of an entry means soil was not rated] Soil name and Shallow Dwellings map symbol excavations Dwellings .Small Local roads without with commercial basements and streets basements _buildings T-- • 1 , 2 Severe: :Motlerate Altvan Moderate: Moderate: Moderate: c utDanks cave. shrink-swell. shrink-swell. shrink-swell, shrink-swell, frost action. 3': Aquolls Severe: Severe: floods, Severe: Severe: Severe: floods, floods, Severe: wetness. wetness. floods, wetness. wetness. wetness, frost action. Aquents Severe: Severe: floods, Severe: Severe: Severe: floods, floods, floods, wetness. wetness. floods, wetness. wetness. wetness, frost action. 4*: Aquolls Severe: Severe: floods, Severe: Severe: Severe: floods, floods, floods, floods, wetness. wetness. ' wetness. wetness. wetness, ' frost action. Aquepts Severe: Severe: Severe: floods, floods, Severe: Severe: wetness. floods, floods, floods, wetness. wetness. wetness. wetness, frost action. 5 Slight Moderate: Moderate: Moderate: Moderate: Ascalon low strength. low strength. low strength. frost action, low strength. 6, 7 Slight Moderate: Moderate: Moderate: Moderate: Ascalon low strength. low strength. slope,P frost action, low strength. low strength. (1, -9 Slight Moderate: Moderate: Moderate: Moderate: Ascalon low strength. low strength. low strength. frost action, low strength. 10 Severe: Bankartl Severe: Severe: Severe: Severe: floodsks cave, floods. floods. floods. floods. floods. 11 , 12 Slight Bresser Slight Slight Slight Moderate: frost action. 13 Severe: Moderate: Moderate: Severe: Moderate: Casc a,}o eutban ks cave, slope. slope. small stones. p slope, slope. 14, 15 Slight Slight Sli Colby ght Slight Moderate: low strength. 16, 17 Slight Colby Slight Slight Moderate: Moderate: slope, low strength. 18+: Colby Slight Slight Slight B Moderate: Moderate: slope. low strength. Adena Slight Moderate: Moderate: Moderate: Moderate: low strength. low strength. low strength, low strength. slope. See footnote at end of table. ...,101 a3.it ^^ fr." - — - '_% WELD COUNTY, COLORADO, SOUTHERN PART 101 I TABLE 6.--BUILDING SITE DEVELOPMENT--Continued 1 Soil name and -T Shallow Dwellings map symbol excavations Dwellings Small Local roads without with commercial basements and streets basements____,__- buildinp�s._- r as --- i 19 Moderate: Severe: Colombo floods. Severe: Severe: Severe: floods, floods, floods. floods. 20 Slight Moderate: Colombo Moderate: Moderate: Moderate: low strength. low strength. low strength. low strength, frost action. 21 , 22 Severe: Moderate: Slight D acono cutbanks cave. low strength, g Moderate: Severe: shrink-swell. shrlow strength, shrink-swell, shrink-swell. low strength. 23, 24 Slight Moderate: Moderate: Fort Collins low strength. low Moderate: strength, iow strength. Moderate: strength. shrink-swell. 25, 26 Severe: Severe: i Meyerson Severe: Severe: floods. floods. floods. Severe: floods. floods. 27, 28 Severe: Severe: . Neldt too clayey. Severe: Severe: Y Y• shrink-swell, shrink-swell, shrink-swell, Severe: shrink-swell low strength. low strength. low strength. low strength., 29, 30 Slight Moderate: M r Moderate:J ulesburg low strength. lowstrength. low strength. Moderate: strength, frost action. 31 , 32 Slight Moderate: Moderate: Moderate: Moderate: Kim low strength, low strength, low strength. low strength. • 33, 34 Slight— Moderate: Moderate: Moderate: Moderate: Kim low strength. low strength. low strength,g low strength. slope. 35•: Loup Severe: Severe: Severe: wetness, wetness, Severe: Severe: ' cutbanks cave. floods. wetness, wetness, wetness. floods. floods. Boel Severe: Severe: wetness, Severe: Severe: Severe: wetness, wetness, wetness, floods, floods. floods. wetness, cutbanks cave, floods. floods. 36•: • Midway Severe: Severe: Severe: too clayey. shrink-swell, Severe: Severe: shrink-swell , slope, shrink-swell, low strength. low strength. shrink-swell, low strength. low strength. Shingle Severe: Severe: Severe: Severe: Severe: depth to rock. depth to rock. depth to rock. depth to rock, depth to rock. slope. 37 Severe: Moderate: Severe: Nelson depth to rock. depth to rock, Moderate: Moderate: P depth to rock. depth to rock, depth to rock, low strength. low strength. low strength. 38 Severe: Moderate: Severe: Moderate: Moderate: Nelson depth to rock. depth to rock, depth to rock, slope, low strength. depth rock, depth to rock, low strree rock, low strength. 39, 40, 41, 42, i 43 Moderate: Severe: Severe: Nunn too cla a Severe: Severe: Y Y• shrink-swell,low strength. shrink-swell, shrink-swell, shrink-swell, low strength. low strength. low strength. 1 1 See footnote at end of table. 1 1 1 -- 1 104 SOIL SURVEY TABLE -7.--SANITARY FACILITIES [Some of the terms used in this table to describe restrictive soil features are defined in the Glossary. See text for definitions of "slight," "moderate," "good," "fair," and other terms used to rate soils. Absence of an entry means soil was not rated) Soil name and Septic tank Sewage lagoon map symbol absorption areas Trench Area Pally cover fields sanitary sani t-ary for landfill landfill_ _landfill 1 , 2 Slight Altvan g :Severe: Severe: Slight Fair: : seepage. 3'. , seepage. thin layer, Aquolls Severe: :Severe: floods, Severe: Severe: Severe: floods, Poor: wetness. wetness. wetness. wetness. wetness. Aquents Severe: Severe: Severe: Severe: Poor: floods, floods, wetness. floods, wetness. wetness. wetness. wetness. 41: A quolls Severe: Severe: Severe: floods, floods, Severe: Poor: wetness, floods, wetness, wetness. wetness. wetness. '.. Aquepts Severe: Severe: floods, Severe: Severe: floods, floods, Poor: wetness. wetness, wetness. wetness. wetness. I 5, 6 Slight Severe: Ascalon Severe: Severe: food, j seepage. seepage, seepage. 7 Slight Sever: Severe: Severe: Good. Ascalon slope, seepage. seepage. seepage. 8' 9 Slight Severe: Ascalon Severe: Severe: food. seepage. seepage. seepage. 10 Severe: Severe: Bankard floods. Severe: Severe: floods, floods, Fair: seepage. seepage. floods. too sandy, 11, 12 Slight Severe: Severe: Bresser Severe: Good. seepage. seepage. seepage. 13 Moderate: Severe: Cascajo slope, slope, Severe: Severe: Poor. ' seepage. seepage. small stones. seepage, small stones. 14, 15, 16 ;Slight Moderate: Slight ht Colby g Slight Good. seepage. 7 Colby slope.:Slight Severe: Slight Slight Good. 1B+• Colby :Slight Severe: • Slight Slight Good. slope. I Adena :Moderate: Moderate: S11 I peres slowly. ht Slight Good. Y• seepage, g slope. 19 :Moderate: Severe: Colombo Moderate: : floods. floods. Moderate: Good. floods, floods. 20 :Slight Moderate: Slight Slight Good. Colombo slope, seepage. See footnote at end of table. ...11.11,1314.* 4 -- - 1 108 SOIL SURVEY TABLE B.--CONSTRUCTION MATERIALS [Some of the terms used in this table to describe restrictive soil features are defined in the Glossary. See text for befinitions of "good," "fair," "poor," and "unsuited," Absence of an entry means soil was not rated] Soil Tame and Roadfill map symbol Sand Gravel Topsoil 1 , 2 Good Altvan Fair: Fair: excess fines. Fair: excess fines. thin layer. 3": Aquolls Poor: Good Fair: Poor:wetness, frost action. excess fines. wetness. Aquents Poor: Good Fair: Poor:wetness, frost action. excess fines. wetness. 4": Aquolls Poor: Unsuited Unsuited wetness, Poor: frost action. wetness. Aquepts Poor: Unsuited Unsuited Poor: frost action. wetness. 5, 6, 7, 8, 9 Fair: Poor: Ascalon low strength, excess fines, Unsuited ;Good. frost action, shrink-swell. • 10 Fair: Bankard Fair: Unsuited low strength. excess fines. Poor: too sandy. 11 , 12 Fair: Poor: Bresser frost action. Unsuited Fair: excess fines. 13 small stones. Good Good Cascajo Good Poor. small stones. 14, 15, 16, 17 Fair: Unsuited Colby low strength. Unsuited Good. 18": Colby Fair: Unsuited Unsuited Good. low strength. Adena Fair: Unsuited Unsuited Fair: low strength. too clayey. 19, 20 Fair: Unsuited Colombo low strength, Unsuited Fair: frost action, too clayey. 21 , 22 Good Good Good :Fair: I too clayey. 23, _24 i 4 Fair: Fort Collins low strength, Unsuited Unsuited Good. 25, 26 Fair: Unsuited Naverson low strength, Unsuited Good. 27, 28 Poor: Unsuited Meldt shrink-swell, Unsuited Poor: low strength. - , too clayey. I See footnote at end of table. WELD COUNTY, COLORADO, SOUTHERN PART 121 TABLE 11.--WILDLIFE HABITAT POTENTIALS [See textnotr _definitions of "good," "fair," "poor," and "very poor." Absence of an entry indicates the soil w rated] Potential for habitat elements _Potential as habitat for- Soil name and Wild —T--- - . map symbol Gr-ain Grasses ' herba- Shrubs Wetland ; Shallow Openland Wetland Rangeland and seed and 1 ceous plants ' water wildlife wildlife wildlife crops" legumes_i___plants areas r 1 , 2 Good Good Fair Fair Poor Ver Altvan Y poor Good Very poor;Fair. 3*: Aquolls Poor Poor Good Fair Good Good Fair Good 1Fair. Aquents Poor Poor Good Fair Good Good Fair Good Fair. 4*: Aquolls Poor Poor Good Poor Good Good Fair Good Fair, Aquepts Poor Poor Good Poor Good Good Fair Good ;Fair. 5, 6 Good Good Fair Fair Poor Very poor Good Very y poor Fair. 7 Fair Good Fair Fair Poor Ascalon Very poor Fair Very poor Fair . 8, 9 Good Good Fair Fair Ascalon Poor Very poor Good Very poor Fair. 10 Poor Fair Fair Fair Bankartl Poor Very poor Fair Very poor Fair. 11 , 12 Good Good Fair Fair r Poor Ver y poor GoodVery poor Fair, 13 Very poor Very poor Fair Fair Cascajo Yery poor Very poor Poor Very poor Fair. 14, 15 Good Good Fair Fair Poor Very Good Ver Colby Y poor„ y poor Fair. 16, 17 Fair Good Fair Fair Colby Poor Very poor Fair Very poor Fair. 18*: Colby ;Fair Good Fair Fair Poor Very poo r,Fair Very poor Fair. Adana 'Fair Good Fair Fair Poor Very poor:Fair Very poor Pair. T9, 20 ;Good Good Fair Fair Poor Very poor:Good Very y poor Fair. 21 , 22 :Good Good Fair Fair Poor Very Ver Dacono Y Poor;.,:rood y poor Fair. 23, 24 ;Good Good Fair Fair Fort Collins Poor Very poor Good Very poor Fair. 25, 26 ;Good Good Fair Fair Haverson ' Poor Very poor Goad Very poor Fair. 27 'Fair Fair Poor Poor Poor Poor Fair Poor Poor. Heldt 28 ;Fair Fair Poor Poor Poor Ver Heldt y poor Fair Very poor Poor. 29 ;Good Good Fair Fair Julesburg Poor Very poor Good Very poor Fair. i 30 ;Good Good Fair Fair Julesburg Poor Very poor Good Very poor Fair. See footnotes at end of table. ' Pl ai 3,s ® ea ELI I13 J VEGETATION From a site visit the vegetation that currently exists in the wetlands are : Cottonwood Thistle Willow Cattails Snowberry Milkweed Salt Bush Bull Rush Curled Dock Canary Grass Sedge Typical plant species found in the disturbed area east of the wetlands consisted of rose spp; thistle , and cottonwoods . Overall coverage in the disturbed area is 39% or less . The north and south portions _of the site are being farmed in corn. Following this exhibit is a letter from Soil Conservation Service identifying existing vegetation on-site . a RECEIVED AUG 141990 e UNITED STATES 4302 West 9th Street Road DEPARTMENT OF Soil Conservation Service Greeley, Colorado 80634 AGRICULTURE Greeley Field Office (303) 356_6506 MS . rice l l y Larson Tuttle Appiega e , Inc . 11'='90 Grant Street , Suite 410 Denver , Colorado or-ado _023 RE: Mining and Rec i ama t i on Plan for the 3rd Avenue Development Dear t+1<.s . Larson : Enclosed is a. so i l S map and so i 1 descriptions for the land involved in the , ,3rd Avenue Development . The information is from the So i 1 Survey of Weld County, Southern Part . I was able to visit the site last Thursday and make a grief evaluation . I offer the fo i lowing comments. The predominant so i 1 (#3) is suitable for the proposed use. The sip i l s at the southern end , especial l y the Ascalon (#8) , would be acceptable for- salvage and use as topsoil during reciamation. The parcel of land has been put into cultivation and was planted to corn this year. Plant growth along the southern edge is almost entirely annual weeds . Along the northern edge th-ere are a few w i I I ows and cottonwoods bordering a. stand of cattails, reedgrass and American l i corce . This is the only portion of the property with any significant native vegetation . I would suggest that the northern edge be excluded from the gravel operation in order to preserve those plants . When considering plant species for use in reclamation , I would advise using the same mixes recommended for the proposed WW Farm Pit operation directly east of this operation . The sites are very similar- and the mixes would be appropriate . A copy of the two seeding mixes is enclosed . Shrugs and tress m i aht also be planted along the e. e of the�g post-mining pond as shown on your map . I hope these comments will provide the information you require . If not, please i et me know and I will try to answer- any further- questions you have . Sincerely, Degrah Sherman Range Conservationist EXHIBIT K CLIMATOLOGY REPORT N0. 77- 1 GREELEY 05 3546 4 COLORADO CLIMATOLOGY OFFICE COLORADO STATE UNIVERSITY FT. COLLINS, CO. 80523 TEMPERATURE ! FI PRECIPITATION !INCHES] -40,4 Errpes5 MEA:: 1: OF DAYS MAc V I ,, 61.14. 5LFE[ '•E A'i G 'F :Ar5 uF uF �. y `•� . rq a� 1-2 `a o, a grin i N a 5 W • 7 CI YT Yr" YO V0 a Y Z 00 O-1 O-I 00 � 1Y Cr≤ i WM e- tiu 1S 1S 12 a2 O ' a p Of VW nV 0W S Vp 1 y K 1 oa Er ll 6 VW " 2 SO W O .Z n1- _ s .Y% 39.: 9.B 23.9 67. 1953 12 -30. 1962 11 0.0 9.4 31.0 Z.J .Z] .SS 1062 B 3.0 9. 1956 30 I,G 0.0 Fa 43.7 14.7 29.2 75. 1954 9 -30. 1051 1 0.0 5.6 27,0 2.6 .29 .42 1958 II 3.1 6. 14:0 29 !.1 0.0 0.0 CAP 49.1 2:.9 55.0 9C. 1963 29 -19. 1960 3 0.0 3.7 20.3 1.4 .71 .93 1061 20 11.5 16. 1959 26 1.9 .2 0.0 APR 60.9 32.4 46.6 95. 1060 22 O. 1957 -0 0.0 .6 15.1 .1 1,06 1.50 195] 2 3.3 14, 1953 72 2.3 .3 .2 R44 72.2 43.4 57.9 95. 1954 21 23. 1954 2 .9 .1 LO 0.0 2.3] 1.80 1964 30 0.0 O. 0 0 A,7 1.5 .4 ...'. 62.7 52.: 67.4 :C6. 1954 24 32. 1954 3 9.1 0.0 .1 0.0 I.7! 2.68 1962 30 0.0 0. 0 0 3.9 1.0 .5 Jt!.. 60.9 57.3 73.6 105. 1954 1: 40. 1052 9 19.4 0.0 0.0 0.0 110 1,31 1961 1 0.0 O. 0 0 3.0 .7 .2 A':0 96.7 54.7 77.7 IOC. 1055 I 39. 1964 28 11.5 0.0 0.0 0.0 1,33 1,93 1063 19 0.0 0. 0 0 3.2 .5 .1 SEP 79.1 44,6 61,4 09. 1954 1 26. 1065 18 3.6 0.0 1.6 0.0 1,25 1.60 1963 21 ,3 0. 0 0 3.2 1,0 .2 ,.T 67.6 33.! 5:.4 ea. 1953 2 13. 1954 31 O.O .I 14,4 0.0 .75 .94 1060 19 .I 2. 1951 6 2.1 .5 0.0 .::': 5:.! 2:.2 35.2 77. 1665 1 -19. 1932 27 0.0 3.6 29.2 .9 .39 .49 1055 II 3.2 10. 1956 20 1,5 0.0 0.0 42.1 3.7 27.6 69. 1064 24 -70. 1954 29 0.0 6.7 30.0 2.9 .29 .59 1959 12 3.0 12. 1958 13 1.0 .1 0.0 4141-1_ 63.5 32.0 AB.2 I q. 10. 181, 15. !1,7 27. 29. 6. 2. PRECIPITATION BITH PROaAB1LITT EQUAL OP LESS THAN PROB. LEDSL JAN FEB MAR APR war JUL AUG JINN .10 .[a 0.00 610,11 ,15 .10 ,c♦ .P> R SEo OCT NOV DEC ANNUAL .30 ,09 .I1 .26 .32 1.00 •11 .2P .24 O.00.09 0.05 0.00 0.00 6,91 .[0 •I1 .20 ,35 ,al 1.32 .96 •a1 .42 .29 .17 0.00 ,0] 7,71 .20 .SB .24 .46 ,63 1.65 •65 .Hl ,4P .I3 ,OS 9.92 �.19 .84 .69 .41 .2B ,00 9.81 .60 ,2B .77 77 .57 .81 2.00 1.44 1.01 1.05 1.23 . 6• 10,62 .70 .14 .35 .67 1.29 2.'99 2.00 1.79 1.59 1.20 .71 •50 .29 11.12 60 1.52 2 6 12.26 .05 :1p .aa 1.45 2.2N 4.57 3.23 2.55 2.40 2.43 p2 .40 .35 13.19 .55 .BO 2.6.1 5,55 -,99 3,28 2,90 2,64 •72 •71 ,41 ]4.35 ALPHA 3.20 3.52 3.63 B .6B 26,06 1:63 .24 .95 .99 7.57 BETA 1.06 t.n6 .4 I.P0 1.104 2•R2 1.65 1.11 1.25 1.24 2.54 1.02 12.91 A!I%�D GAHMA .06 0.00 0.00 0.00 0.00 0.00 0.79 .00 94 1.06 07 .64 .11 .06 CISTRIRUTION FITTED TO DATA •06 •13 ,Ob 0,p0 'I - ALPHAa 5✓APE PARAMETER ',ETA= SCALE CAMAmE'VR Oa NO. Cr uO:uTHS HA vl an ?Ern P.EC:✓I I AT!4s/P111:.L NO. Or „MEDIAN PNECIPIT4TION A✓OJi.T5 APL INDICATLD AT 14E5 FNOtictljLlTY LEVEL II ;P'? 01 1`3,4 EXHIBIT L RECLAMATION COSTS The reclamation costs are based on a maximum amount of disturbance present on-site following the mining plan . As reference , see the Maximum Annual Disturbance , Table 1 , in Exhibit D . All slopes outside the wetlands area will be mined to a 1 : 1 slope . These slopes will either be backfilled to a slope of 3 : 1 or 6 : 1 to 8 : 1 . Under maximum disturbance in any given year 835 feet of shoreline will need to be reclaimed . Of this shAreline , 52% will be 3 : 1 wetland slopes ; 36% will be -at 1 : 1 converted to 3 : 1 ; and 12% of the slopes a 1 : 1 converted to 6 : 1 to 8 : 1 . An average distance of 100 feet from the mined edge to the reclaimed edge will also be considered when backfilling . Under the major disturbance 39 , 260 C . Y. of backfill will be required to reclaim four ( 4 ) acres disturbed. Haul roads will be left as access roads . Major _Disturbance Cost/ Amount Units Unit Cost 1 . Spread overburden 4 acres, 6" deep 3, 227 CY $ . 80 $ 2 , 581 . 60 2 . Backfill 1 : 1 slopes to 3 : 1 , 500 ' haul , 1 . 1 acres surface area 26 , 667 CY $ . 70 $18 , 666 . 90 3 . Backfill 1 : 1 slopes to 6 : 1- 8 : 1 , 500 ' haul , . 6 acres surface area 12 , 5-93 CY $ . 70 $ 8 , 815 . 10 4 . Scarify stockpile area, 1 acre 4, 840 SY S . 15 $ 726 . 00 5 . Spread topsoil 8" deep on 1 . 5 acres 1 , 597 CY $ . 70 $ 1 , 117 . 90 6 . Seed, fertilize , mulch 1 . 5 AC $500 .00 $ 800. 00 L-1 Moderate Disturbance 5 . Scarify plant site , 2 Acres 9 , 680 SY $ . 15 $ 1 , 452 . 00 6 . Spread plant fines on plant site , 2 Acres, 6 " Deep 1 , 613 CY $ . 80 $ 1 , 290 . 40 7 . Spread topsoil B" deep over 2 acres 2 , 151 CY $ . 70 S 1 , 505 . 70 8 . Seed , fertilize , mulch plant site 2 AC $500 . 00 $ 1 ,000 . 00 9 . Seed, fertilize , mulch graded area . 71 AC $500 . 00 $ 355 . 00 Minor Disturbance 11 . Reseed for nongermination ( 250 ) fertilize , mulch . 5 AC $500 . 00 $ 250 . 00 13 . SUBTOTAL $38 , 635 . 50 14 . Administrative Costs ( 150 ) $ 5 , 795 . 33 15 . GRAND TOTAL $44 , 430. 83 S1.101.3‘9:% L-2 EXHIBIT O Source of Legal Right to Enter. Hall-Irwin Construction Company has purchased the land where the mining operation is proposed. Enclosed is a copy of the Warranty Deed. EXHIBIT P Owner of Record and Mineral Rights The owner of record is Hall-Irwin Construction Company. The sand and gravel resource is owned by Hall-Irwin Construction Company and the oil , gas, and minerals lease is held by Associates, Ltd . EXHIBIT Q Municipalities Within Two Miles There are no municipalities within two miles of the site . ea .0 ,1.1(lb 0 ; p ; 4 — 1 Recorded ill o'clock _M,on EXHIBIT O Book P• Reception No. _ Recorder c .`WaYratioADeed THIS DEED is s conveyance of the reel properly described below.Including any Improvements and other sppunenances One "property")bom the mdradual(s) corporabon(a).partnership(s),or other entllybes)named below as GRANTOR to the indivldualls) or enbtypesl named below as GRANTEE. The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the Idle to the proper''', except for(1)the lien of the general property taxes for the year of this deed,which the GRANTEE will pay 121 any easements and rights-of-way shown of record(3)any patent reservations and exceptions la)any outstanding mineral intelesls shown Of?SCOW 151 any ploleClrve[0venanta and restrictions shown of record.and(6)any additional matters shown below Under"Additional Warranty Exceptions". The Specific Terms of Thls_Deed Are: Grantor: (Gne name(sl aria OKI'S)or residence.if the spooned the owner-grantor is training In this Deed to mane homestead rights.memrly grantors as husband and wile) 83rd JOINT VENTURE, 131 N. 35th Avenue, Greeley, CO 80634 Grantee: (Gut nemelsl and arlaourdest slabmenl of address.including avertable road or areal number.Is required) IIALL—IRWIN CONSTRUCTION COMPANY, 3026 4th Avenue, Greeley, CO 80631 Form el Co-Own•renlp: onnve are Iwo or more grantees named,they win be considered to Preen tenants mcornmon unless the wordss-rn loml lenenry'or words a1 me tarn*mnam m ng are Heed m •space Wow I Properly Description: towhee county end stale 1 All that part of the Northeast Quarter of the Southeast Quarter (11E1/4 SF.1/4) and all that part of the Southeast Quarter of the Northeast Quarter (SE1/4 tlEl/4) of said SeCtion Thirty—one (31), which lies South of the Cache La Poudre River, all in Township Six (6) North, of Range Sixty—six (66) West of the Sixth (6th) Principal Meridian, County of Weld, State o£ Colorado. C 941 Properly Address: `/ Consideration: (Tie statement ur a dotter amohnr reoptional.adequate consideration for this deed will be presumed unless inn conveyance es rdenl.lred as a VI in•ny case this conveyance is absolute Imar rind unconditional) Other valuable consideration and men and no/100ths Dollars (510.00). Ruervallons-RestrlCtlonC Wine GRONTonmlends m reserve any interest intheproperly or mnnvey lest han he owners, the GRANTOR D as reslnCling the GRANTEE'S right an the properly.make appropriate malcauon 1 R Grantor reserves unto Grantor all interest that Grantor may have in and to any oil, m gas or other hydorcarbon minerals lying on or beneath said property. n - 0 n Addltlonal-Warrarny Exceptions: (include tease of iul barn°assumed and other metiers not cowered above I 5 Subject to that certain Farm Lease dated February 1, 1990, between Grantor as Lessor and Dennis Page, d/b/a A. H. LeBeau S Sons, as Lessee, for a period of one (1) year conoencing February 1, 1990 and ending January 31, 1991. 0 Euculea by the Grantor en APr it 25 to 90 Signature Clause for Corporal...Par or Misoclalkn: alanalure Clause for kidblduelts): 83rd JOINT VENTURE �e Iorr Gm (Orr Corp/ration.Penn snip or Auoclanon Grantor By Ag Q ITS !akij(e.� ,,,III fjCD Granter (,'I�N By DO$l tide,'11. MAN A ll✓✓V✓VV"11✓//"' Ti. Allesl • Gramm (STATE Of jCO1,ORADO°. Y e COUNTV OF.-NELD ss. The 1ore11' fl test`drawn'was acknowledged before me this 25th eel,of April ,Is 90 cpey_.'.,CABI.okr. HILL, ,7R,., joint venturer of 83rd JOINT VENTURE. SNITS/Sew anh ha nU.aJ ddiCul n.� //// �d :My•pdmlnlee dPSTr:' .2/l O/cJ3 CLNf-sfl0 /r. Molars Polak Thy7oreeornp onlhzmaml was acknowledged before me Inn l5 Lh divot April .H90 90 tlit . p0[4y:IfY.,,M. CN6A:IDA, joint venturer of 83rd JOINT vR11T11RE. ! iroimelndlvieuafGonlpi(slra if Grano•',Corporation.Partnershi resident secrets plleatoonabon.ce as prinmiN of perrh•rerc portMtalbotiNdienbartf) laelieers s+preememw awn moraenunaarvnwydr '/i pl M al aulnntiaoe memberl'1 el agecglUn 1 wstr -mybend ad nei leeal CA all 01 e11 Ny rmlailud spl' /PU/93 Nubpubk 'C a..p •`-+S .•nnn it ..er;en•:C .ue NO All
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