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Home My WebLink About920126.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR AN OPEN-PIT GRAVEL MINING OPERATION IN THE A (AGRICULTURAL) ZONE DISTRICT - WILLIAM KOBOBEL 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 12th day of February, 1992, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of William Kobobel, 7909 Weld County Road 5, Longmont, Colorado 80501, for a Site Specific Development Plan and Special Review Permit for an open-pit gravel mining operation in the A (Agricultural) Zone District on the following described real estate, to-wit: Part of the NE* NE'-, of Section 29, part of the SE; of Section 20, and part of the S4/I of Section 21, all in Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado WHEREAS, said applicant was represented by Gary Tuttle, and WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards for review of said Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as follows: a. This proposal is consistent with the Weld County Comprehensive Plan's Mineral Resource Goals and Policies, the Urban Growth Boundary Area Goals and Policies, and the Transportation Goals and Policies. The Conditions of Approval and Development Standards will 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. PL0859 920126 Pt 0859 cc: ? ti L.1 Ape, . j u7ii E SPECIAL REVIEW PERMIT - KOBOBEL PAGE 2 b. The proposal is consistent with the intent of the A (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 and future development of the surrounding area as permitted by the Weld County and Tri-Area Comprehensive Plans. The Tri-Area Planning Commission has reviewed this proposal and recommended approval. e. 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 an open-pit gravel mining operation in the A (Agricultural) Zone District on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1. The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to the Special Review activity occurring on the site, evidence shall be submitted to the Department of Planning Services that: a. A substitute water supply plan and well permit have been submitted to the Division of Water Resources for the mining operation. 920126 SPECIAL REVIEW PERMIT - KOBOBEL PAGE 3 b. The Weld County Health Department has approved a dust abatement plan for the mining operation. c. All required emission permits have been obtained from the Air Pollution Control Division, Colorado Department of Health. d. An NPDES permit has been approved by the Water Quality Control Division of the Colorado Department of Health. e. The Use by Special Review will not cause injury to vested or conditional water rights as set forth in Section 44.4.11 of the Weld County Zoning Ordinance. 4. The off-site road improvements agreement approved by the Board of County Commissioners shall mitigate impacts generated by this mining operation on Weld County Roads 5, 18, and 7. The agreement shall include the type of road improvements, the applicant's share of the improvements, means of financing, and time frame for construction. 5. The plat shall be amended to show the following note: a. "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". The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of February, A.D. , 1992. BOARD OF COUNTY COMMISSIONERS ATTEST: WELD CO TY, COLORADO Weld County Clerk to the Board _ �l/I jf/j /� ,,/� Geeorr a Kenne , airman BY: 4 iS. f 1 / `�/"� -A'C��v'Deputy Clerk to the Boar Constance L. Harbert, Pro-Tem APPROVED A O FORM: //XI C. W. Kirby,_ County Attorney Gordon`t:i Icy W. H. Webster 920126 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS WILLIAM KOBOBEL USR-961 1. The Site Specific Development Plan and Special Review Permit is for an open-pit gravel mining operation in the A (Agricultural) Zone District as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. The gravel mining operation haul route shall be limited to a single access on Weld County Road 5. The haul route shall run north on Weld County Road 5 to Weld County Road 18 and proceed east on Weld County Road 18 to Weld County Road 7. From Weld County Road 7, the haul route shall run north to State Highway 119 or south to State Highway 52. 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. 11. All fuel tanks shall comply with the requirements of the Mountain View Fire Protection District. 920126 DEVELOPMENT STANDARDS - KOBOBEL PAGE 2 12. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 13. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 14. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 15. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 16. 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. 17. 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. 18. The owner/applicant shall comply with the substitute water supply plan as submitted to the Division of Water Resources, or as amended by requirement of the Division of Water Resources. 920126 HEARING CERTIFICATION DOCKET NO. 92-10 RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR AN OPEN-PIT GRAVEL MINING OPERATION IN THE A (AGRICULTURAL) ZONE DISTRICT - WILLIAM KOBOBEL A public hearing was conducted on February 12, 1992, at 10:00 A.M. , with the following present: Commissioner George Kennedy, Chairman Commissioner Constance L. Harbert, Pro-Tem Commissioner C. W. Kirby Commissioner Gordon E. Lacy Commissioner W. H. Webster Also present: Acting Clerk to the Board, Shelly Miller Assistant County Attorney, Lee Morrison Planning Department representative, Rod Allison The following business was transacted: I hereby certify that pursuant to a notice dated January 27, 1992, and duly published January 30, 1992, in The New News, a public hearing was conducted to consider the request of William Kobobel for a Site Specific Development Plan and Use by Special Review Permit for an open-pit gravel mining operation in the A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this a matter of record. Rod Allison, Planning Department representative, recommended the Resolution of the Planning Commission and the Planning staff's recommendation be entered into the record as written. Mr. Allison stated that Condition of Approval #4 states that an off-site road improvements agreement must be approved by the Board. Gary Tuttle, representing the applicant, said William Kobobel and Ken Schell are present, and they will be operating the facility. They both have experience in this field from working at Flatiron. Mr. Tuttle explained the process to be used, and said it will take ten to twelve years to complete the mining. The area will then be reclaimed and used for private recreation. Mr. Tuttle presented a signed copy of the road maintenance and improvements agreement and said they agree to the Conditions of Approval and Development Standards as entered into the record. Mr. Tuttle answered questions of Commissioner Lacy concerning the relocation of Idaho Creek, materials submitted to the State, and the affected ditch companies. Mr. Tuttle said this is to be a dry operation, with all water going back into Idaho Creek. He clarified that the Substitute Supply Plan was submitted to the State Division of Water Resources; however, it could be up to a year before said plan is approved or amended. They intend to begin work, and they have all the water rights needed. Mr. Allison referred to Conditions of Approval #3a and #3e, concerning State approval of a well permit or water supply, and no injury being caused to vested or conditional water rights, respectively. Mr. Tuttle said they will probably touch ground water when they relocate Idaho Creek; however, they will guarantee compliance with Condition of Approval #3e. In reference to Condition of Approval #3a, Mr. Morrison said proof of submittal to the State should be presented by the applicant, and the applicant should comply with said submittal until approved or amended by the State. Mr. Allison suggested adding Development Standard 418 stating such. Mr. Tuttle answered questions of the Board concerning the road improvements agreement. The Board stated concerns regarding waiting four years before paving Weld County Road 5, and it was decided to amend the agreement to state the paving would need to be completed by July 1, 1994. The applicants were agreeable to this. Michael Shaw, surrounding property owner, spoke in favor of said permit. In response to a question from Commissioner Lacy, Mr. Tuttle said all State Health Department regulations are agreeable. Mr. Allison read the change to Condition of Approval 43a and the addition of Development Standard #18 into the record. Mr. Allison 920126 <<. ` FL RE: HEARING CERTIFICATION - KOBOBEL PAGE 2 and Mr. Morrison suggested approval of the road improvements agreement. Commissioner Lacy moved to approve the request of William Kobobel for a Site Specific Development Plan and Special Review Permit for an open-pit gravel mining operation in the A (Agricultural) Zone District, based on the recommendation of the Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards, with changes and additions, as entered into the record, and the amended Road Maintenace and Improvements Agreement. The motion was seconded by Commissioner Kirby, and carried unanimously. This Certification was approved on the 19th day of February, 1992. APPROVED: ATTEST:L/'/k % BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk to t e Board By: ��o_p4ey:i Geo ge Kenne y, C airman Deputy Clerk to the Board / Constance L. Harber , Pro-Tem TAPE #92-09 C. W. Ki by DOCKET #92-10 Gor c . Lac PL00859 ', 1 W. H. Webster 920126 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 12th DAY OF February 1992: DOCKET II 92-10 - USR for gravel mining - William Kobobel DOCKET II 92-11 - USR for storage of vehicles - Harold Andrews DOCKET 0 92-12 - Amend Weld County Comprehensive Plan and Ordinance 147-B - Jay L. Groom DOCKET 0 PLEASE write or print your name legibly, your address and the DOCKET II (as listed above) or the name of the applicant of the hearing you are attending. )NAME ADDRESS HEARING ATTENDING 7 [ y7 Y<7/Ulr C� �dh) /7G'/� ( /x /orS�r<7iA/ !l)ra' /(/M,f y�� !�/etc) TAX ) 6 mead m 977'7 WCR7 arIn n-ia z ,E,/13 , H - // F e 7 -r s 2 L 7 Sit 143a, i draw—, bc/-O�ei /bat'e,ar I/S f N `<`s7` ��!'!E'e7` /l u a'LeA 796I0 et it / dit (17&C%{ /t it 7JV,n) SC.{-ic;I/ it " // 1-P fee � �� r°-d 2;01.25 NOTICE The Board of County Commissioners of Weld County, Colorado, on February 12, 1992, conditionally approved a Site Specific Development Plan and Special Review Permit for the property and purpose described below. Conditional approval of this plan creates a vested property right pursuant to Article 68 of Title 24, C.R.S. , as amended, for a period of three years. APPLICANT: William Kobobel 7909 Weld County Road 5 Longmont, Colorado 80501 LEGAL DESCRIPTION: Part of the NE; NE* of Section 29, Part of the SE; of Section 20, and part of the SW} of Section 21, all in Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: An open-pit gravel mining operation in the A (Agricultural) Zone District SIZE OF PARCEL: 73.72 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: .,,St le— / 'lS'()Ow Deputy Clfikk to the Board PUBLISHED: February 20, 1992, in The New News 9h0126 n, I • • STATE OF COLORADO ) )s.s. . . COUNTY OF WELD ) David B. 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 fifty-two consecutive weeks prior to the first publication of the annexed NGTICE notice; that said newspaper is a news n.:Wad u ruaq Cu,wusvufa+s J newspaper •within the meaning of the wail COMO. "Naiad,• On Fe1av{�} act of the 6 12' 1992' "1'1'21And w,xl a Sig 1 Assembly of the r �eaNe. P�"` adsy State of Colorado,. entitled "An Act `"'a" P`';; 1« .'" w+� to regulate the P 'i1 i2 Nis t i,vlu d rem•, printing of legal na saaam Avu �f notices and advertisements, " and F a' �� as 21� a yea,?. amendments thereto; that the noticeetaLcA�T: w • +� KILT Ru,J 5 I.w g„..a. of which the annexed is a printed ` GAL DES LEGAL DESCFIYl1G0561 n: Pmt �[ Ua NE of SUI1N'. 29, Ca„ II Ua. SCU9 Li Becton !1, aoo �'a,t ul.tee:, copy taken from said newspaper, was SWI/, ,r s,,,a„u,all ui i ay 2 published in said newspaper, and in North,xa�esawtan 6Th P.M.. wad C°11 )Iut the regular and entire issue of 7YPEiD cnrcnsrrti' OF neerGVED usE. An we+,w1 gra l every number thereof , „ww,k aperawu. ,,, we w AIat itu lax:pstit, OF PARCEL: 73.72 autiS•,,.at once a week for FeiWe to abide b7 U" terns atal w oof will � A. successive weeks; that said notice (timbre �u"`B w as �,'hn. Was so published in said 'newspaper COMMIS SIGNERS wEln a;um-n _COWRAoc proper and not in an 'su lemen BY: °GnAnb.a"a°cn any .supplement t c shBOARD thereof , and that the first Da ant wthe&w publication of said notice as eG•eltsrlm, Felton, A 1St II nene. �, aforesaid, was on the a�1 X12 b da y of -�. - 19 � 'Z and the last on the a-Q day of . 17- 41opt.J.. 7— 713 Subscribed and sworn to before me this aljday of 4/144-icA , 19.2.L. De /0...24.-,,L44_, M MYCommissOnarirr'Haa- ', ,, 992 920_'• 2 CO NOT I C E Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Site Specific Development Plan and Special Review Permit are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. DOCKET NO: 92-10 APPLICANT William Kobobel 7909 Weld County Road 5 Longmont, CO 80501 DATE: February 12, 1992 TIME: 10:00 a.m. REQUEST: Site Specific Development Plan and Use by Special Review Permit for an open-pit gravel mining operation in the A (Agricultural) Zone District LEGAL DESCRIPTION: Part of the NE'-,-, NEt of Section 29, part of the SEt of Section 20, and part of the SW; of Section 21, all in Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 1-3/4 miles west of the Town of Firestone; west of Weld County Road 5 and north of Weld County Road 16.5 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Shelly Miller Deputy Clerk to the Board DATED: January 27, 1992 PUBLISHED: January 30, 1992 in The New News Cxh ;h '+ [) kJ}t .?, C„ `_. ? Fri -7 f''t 58 • STATE OF COLORADO ) CL Er,:. J )c.s. TO TI v^ . • COUNTY OF WELD ) David H. 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 G 1 circulation in said County and has been conti ly and Lsninterruptedly . published therein, NOME during a period of at least fifty—two consecutive weeks prior toLS:kotrauticroallinAlcadgiatilethe first publication of the annexed anotice] that said newspaper is a of Weld Colord Commissioners County newspaper within the meaning of the cdaaao act of the General Assembly of the AS gin ' lose State of Colorado., entitled "An Act te �andSe to regulate the � ' �'m°Cwm_ _printing of legal na"sa"l ny notices and advertisements, " and w nQace Pere d 'amt eTiepte the amendments thereto; that the notice ater `° " �"" t ie of which the annexed is a fFe ` " �° "�printed 4yC� 'eaction ffi ` copy taken from said newspaper, was tle 6�mg 1Le mat at published in said newspaper, and in 1 oat reporter shall bane the regular and entire issue oft intlffilcmmilfttsIT every number thereof , in is office of the a of in the Weld once a week for NO.92-10 CANT: William IK�onoh,l, successive weeks; that said notice Ir Road was so published in said' newspaper County ioas ca proper and not in any supplement,, m:m a,a thereof , and that the first and' Site Specific UseonbySparial publication of said notice as s&eAl lei'Peeljt aforesaid, was on theof Section 21 mrt el*a O noN: rays day of � 1q f( 1� S88 all the,PN., wait el the: d Hyw,„,tyam and th last on the ' day of Wald and math d MS ``t BOARD�COUNTY Oonm�o ZDRADO noN°DAInYb WARDE.'N WELD COUNTY CLERK To THE BOARD Area Now Subscribed and s or to before me this _ ,day of ?--c-1-14-i..sy , 19_9 A' My Commission expires March 15,1(,7L2 9;',01.2F) CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket #92-10, was placed in the United States mail, postage prepaid, addressed to the following property owners. DATED this 28th day of January, 1992. 3/X-Citti Deputy Clerk t(the Board TUTTLE APPLEGATE, INC. 11990 GRANT STREET SUITE 410 DENVER, CO 80233 BILL KOBOBEL 7909 WELD COUNTY ROAD 5 LONGMONT, CO 80501 MARTHA A. AND LESLIE J. WILLIAMS, JR. 8876 ROGERS ROAD LONGMONT, CO 80501 ARTHUR, LUCY AND LUTHER STROMQUIST STROMQUIST FARMS 12189 OXFORD ROAD ROUTE #2 LONGMONT, CO 80501 MICHAEL S. AND VIRGINIA N. SHAW 1435 WELD COUNTY ROAD 16.5 LONGMONT, CO 80504 H. GENE AND CAROLYN M. BULTHAUP 698 HIGHWAY 52 ERIE, CO 80516 BURLINGTON NORTHERN RAILROAD 304 INVERNESS WAY SOUTH ENGLEWOOD, CO 80112 TOWN OF FREDERICK P.O. BOX 435 FREDERICK, CO 80530 CITY OF LONGMONT 350 KIMBARK STREET LONGMONT, CO 80501 ('�. 9201 Z q SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING November 19, 1991 Page 5 Don Feldhaus moved Case Number Z-464, with the addition of Condition of Approval Number 1 regarding property ownership, be forwarded to the Board of County Commissioners with the Planning Commissions' recommendation for approval. Motion seconded by Tom Rulon. CASE NUMBER: USR-960 NAME: Charles Easton ADDRESS: 23482 Weld County Road 48 LaSalle, CO 80645 REQUEST: A Site Specific Development Plan and a Use by Special Review permit for an aircraft maintenance school in the proposed A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the NW4 of Section 12, T4N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: East of Weld County Road 47 and south of Weld County Road 48. Jean Hoffman moved Case Number USR-960, with an addition to Condition of Approval Number 3 regarding property ownership, be forwarded to the Board of County Commissioners with the Planning Commissions' recommendation for approval. Motion seconded by Richard Kimmel. The Chairman asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Jean Hoffman - yes ; Tom Rulon - yes ; Don Feldhaus - yes ; Bud Clemons - yes. CASE NUMBER: USR-961 NAME: William Kobobel ADDRESS: 7909 Weld County Road 5 Longmont, CO 80501 REQUEST: A Site Specific Development Plan and a Use by Special Review permit for an open-pit gravel mining operation in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the NE4 NE4 of Section 29, part of the SE4 of Section 20, and part of the SW4 of Section 21, all in T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1-3/4 miles west of the Town of Firestone; west of Weld County Road 5 and north of Weld County Road 16-1/2. SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING November 19, 1991 Page 6 Gary Tuttle, representative for the applicant, William Kobobel, explained this application is compatible with the Weld County Comprehensive Plan and other existing uses in the area. He explained this project will operate for 10 years under private ownership and there will be a total reclamation of the land when they are through by turning the area into a 59 acre lake. Jean Hoffman asked about the height of the gravel piles. Rod Allison said there were no height requirements for gravel piles in Weld County. Gary Tuttle said the piles would not be high due to the fact that they have a need for the smaller materials (sand) which is usually piled in gravel mining operations that supply alot of rock for concrete. Tom Rulon asked if the railroad has a right-of-way through this area. Gary Tuttle said they have an easement and they also have an agreement with the railroad to cross the right-of-way. Jean Hoffman asked if they would haul with trucks. Lee Morrison said a proposal had been presented to Weld County Engineering but no agreement had been reached as yet. Bud Clemons wanted to know if the additional trucks would pose problems on the roads in this area. Rod Allison explained William Kobobel would have to participate in an overall program for road maintenance and road safety. Don Feldhaus asked about the depths of the lakes, would possible drownings be a concern. Gary Tuttle explained the property is fenced with a 5 strand wire fence and the only way into the property is on the new graded road or right into the property owner' s yard. This is not a concern. Bud Clemons explained the Planning Commission has concerns about proper signage, for safety reasons , and would like to suggest language to this effect be placed in the motion. The Chairman asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Jean Hoffman - yes; Tom Rulon - yes ; Don Feldhaus - yes; Bud Clemons - yes. Don Feldhaus moved Case Number USR-961, with the issues on signage concerns addressed by the Weld County Engineering Office, be forwarded to the Board of County Commissioners with the Planning Commissions' recommendation for approval. Motion seconded by Jean Hoffman. Meeting adjourned at 2:35 p.m. espectful y su.mitted, • Sharyn . Ruff 07012.70' BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION r RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COAMISSIONERS Moved by Don Feldhaus that the following resolution, with the issues on signage concerns addressed by the Weld County Engineering Office, 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-961 NAME: William Kobobel ADDRESS: 7909 Weld County Road 5 Longmont, CO 80501 REQUEST: A Site Specific Development Plan and a Use by Special Review permit for an open-pit gravel mining operation in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the NE4 NE4 of Section 29, part of the SE4 of Section 20, and part of the SW4 of Section 21, all in T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1-3/4 miles west of the Town of Firestone; west of Weld County Road 5 and north of Weld County Road 16-1/2. 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 Department of Planning Services' staff that the applicant has shown compliance with Section 24. 3 of the Weld County Zoning Ordinance as follows: This proposal is consistent with the Weld County Comprehensive Plan' s Mineral Resource Goals and Policies, the Urban Growth Boundary Area Goals and Policies, and the Transportation Goals and Policies. The conditions of approval and development standards will 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. yO! 9 Fx h,la, f B RESOLUTION, USR-961 William Kobobel Page 2 The proposal is consistent with the intent of the A (Agricultural) 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. The proposed use will not have an adverse affect on the existing and future development of the surrounding area as permitted by the Weld County and Tri-Area Comprehensive Plans. The Tri-Area Planning Commission has reviewed this proposal and recommended approval. 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 part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Planning Commission's recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder' s office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. RESOLUTION, USR-961 William Kobobel Page 3 3. Prior to the special review activity occurring on the site, evidence shall be submitted to the Department of Planning Services that: the Division of Water Resources has approved a well permit or water supply for the mining operation; the Weld County Health Department has approved a dust abatement plan for the mining operation; - all required emission permits have been obtained from the Air Pollution Control Division, Colorado Department of Health. - an NPDES permit has been approved by the Water Quality Control Division of the Colorado Department of Health. - The Use by Special Review will not cause injury to vested or conditional water rights as set forth in Section 44.4.11 of the Weld County Zoning Ordinance. 4. Prior to scheduling before the Board of County Commissioners: - An off-site road improvements agreement shall be approved by the Board of County Commissioners. The agreement shall mitigate impacts generated on Weld County Roads 5, 18, and 7 by this mining operation. The agreement shall include the type of road improvements, the applicant' s share of the improvements, means of financing, and time frame for construction; 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" . Cr"01 ra RESOLUTION, USR-961 William Kobobel Page 4 Motion seconded by Jean Hoffman. VOTE: For Passage Against Passage Richard Kimmel Jean Hoffman Tom Rulon Don Feldhaus Bud Clemons The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Sharyn Ruff, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution, is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on November 19, 1991. Dated the 20th of November, 1991. Sharyn F. Ruff Secretary SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS William Kobobel USR-961 1. The Site Specific Development Plan and Special Review permit is for an open-pit gravel mining operation in the A (Agricultural) zone district as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. The gravel mining operation haul route shall be limited to a single access on Weld County Road 5. The haul route shall run north on Weld County Road 5 to Weld County Road 18 and proceed east on Weld County Road 18 to Weld County Road 7. From Weld County Road 7, the haul route shall run north to State Highway 119 or south to State Highway 52. 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. DEVELOPMENT STANDARDS, USR-961 William Kobobel Page 2 10. The maximum permissible noise level shall no exceed the industrial limit of 80 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 11. All fuel tanks shall comply with the requirements of the Mountain View Fire Protection District. 12. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 13. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 14. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 15. 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. 16. 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. 17. 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. JJ INVITEMS INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: tn/,ei,rs, . K'c4c,Le/ Case Number: we C(6 Submitted or Prepared Prior j\ to Hearing At Hearing '7e 1. Application Pages(Se() 2. Application plat(s) pages l3) 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 Hearing 9. DPS Case File Summary Sheet 1O. DPS Field Check Ii , let& [ra Gary 7 ft/c co)/ Noy, S , ` ! 1' Lot K_, [yin_ C L e r y/ Pau/A-; d ) CC,-1, 2t 13, Le*4-e, {rte.- Y11tU r v ✓,e. T,rc (r fc�%o ,tfn'ct r s' Od,/( /ptY° 'H. [eNtr Ski E rvf, Atked ''Io `/) ! ec -- C Leth'- Fo, wr.Pr urea F?stecr t Aare M. 17 r7 z p 16, Lef fer An- W-t,MP Do', 23 , 1Pnbe,- 17, &e1*r Gin- 4n#' i6', E'�S, Oct 2.-'; l'Qy��pe, �c„yn - 30,1 Cm,rervHA,A,._. rne,r-t 6"'0-ad U' tT� zq /Pr- / �%A- '1. Cl.' & Qcto Ccr1er✓U:F,0.- Cd�%- rf,cr� rv.ervw roes' i0/2115I / 20. Tkri, of rn,y /e , a io/z /i, I p•y,c, Li, Leffer bo r rr.— 73 fry Mc ,Ls fe I Apo ? 2-6/ I95/ I per_ I hereby certify that the j) items identified �hefern were submitted to the Department of Planning Servtces 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 eaney/luiLii#J,_ STATE OF COLORADO ) COUNTY OF WELD SUBSCRIBED AND SWORN TO BEFORE ME THIS 9O day of ! l o ,P n (�P_ 199/ . SEAL 1 � ( (r A � _ / .-r- NOTARY PUBLIC -- MY COMMISSION EXPIRES JUNE 8, 1994 My Commission Expires C12,012; f- xhibi A �i�•EXHIBIT INVENTORY CONTROL� SHEE' W.Case that/ n , a " /1 9& / Exhibit Submitted By Exhibit Description A. B. C. ' LA�/A�l?? �itJLG l rt�l7 t R/! t� !� n CJ U 0 D. t .R.0701, 7 !o- / E. CL ER 19 RYA Conn 15)70N'-RS. Lv0RA' S 55,a/1' F. G. H. I. J. K. L. M. N. 0. P. Q. R. S. T. U. V. W. X. Y. . - TUTTLE APPLEGATE, INC. Consultants for Land and Resource Development ?! 2 January 16, 1992 , , ? Mr. George Kennedy Chairman of the Board Weld County Commissioners 915 Tenth Avenue Greeley, CO 80632 Dear Mr. Kennedy: Soon you will be hearing our Special Use Permit Application for mining in the agricultural zone. It is called Idaho Creek Resource and is located in the southwest section of the County along Boulder Creek. Prior to our application, we must execute a Road Improvement and Maintenance Agreement with the County. The present procedures call for us to have this Agreement approved by you prior to scheduling the hearing with you for the Special Use Permit. We understand the need for this Agreement and are ready to sign it. The County Engineer is also negotiating this Agreement with two other gravel companies in the area, Western Mobile and C & M Companies . Talks with these two companies are going more slowly since they do not have the urgency of permit approval. We, on the other hand, do have a very urgent situation. Part of our Mining Plan requires us to relocate Idaho Creek. We must locate this Creek prior to the spring flushing operations which the ditch rider begins in early March. As you can see, it is important for us to have our Special Use Permit hearing before the Board on February 12 , 1992 . As you and the Board review our Road Improvement Agreement, we request you keep our timing requirements in mind. Please feel free to call me if you need any additional information. Cordially, TUTTLE APPLEGA/TEE,,A INC. Gai J. Tuttle GJT/cr cc: File #91-156 Bill Kobobel 9, , y re 11990 Grant Street, #410 Telephone: ( 303 ) 452-6611 Denver, Colorado 80233 CC , Pi, QC( ), acS;�K�e: ( 303 ) 452-C� )759 L ) Fa1o�-C�C'LW ) Date: November 19, 1991 CASE NUMBER: USR-961 NAME: William Kobobel ADDRESS: 7909 Weld County Road 5 Longmont, CO 80501 REQUEST: A Site Specific Development Plan and a Use by Special Review permit for an open-pit gravel mining operation in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the NE4 NE4 of Section 29, part of the SE4 of Section 20, and part of the SW4 of Section 21, all in T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1-3/4 miles west of the Town of Firestone; west of Weld County Road 5 and north of Weld county Road 16-1/2. 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 44.3 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: This proposal is consistent with the Weld County Comprehensive Plan' s Mineral 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 A (Agricultural) 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. The proposed use will not have an adverse affect on the existing and future development of the surrounding area as permitted by the Weld County and Tri-Area Comprehensive Plans. The Tri-Area Planning Commission has reviewed this proposal and recommended approval. 9 012 RECOMMENDATION, USR-961 William Kobobel Page 2 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 part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to the special review activity occurring on the site, evidence shall be submitted to the Department of Planning Services that: the Division of Water Resources has approved a well permit or water supply for the mining operation; the Weld County Health Department has approved a dust abatement plan for the mining operation; all required emission permits have been obtained from the Air Pollution Control Division, Colorado Department of Health. an NPDES permit has been approved by the Water Quality Control Division of the Colorado Department of Health. The Use by Special Review will not cause injury to vested or conditional water rights as set forth in Section 44.4.11 of the Weld County Zoning Ordinance. 9201-2S SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS William Kobobel USR-961 1. The Site Specific Development Plan and Special Review permit is for an open-pit gravel mining operation in the A (Agricultural) zone district as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. The gravel mining operation haul route shall be limited to a single access on Weld County Road 5. The haul route shall run north on Weld County Road 5 to Weld County Road 18 and proceed east on Weld County Road 18 to Weld County Road 7. From Weld County Road 7, the haul route shall run north to State Highway 119 or south to State Highway 52. 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 no exceed the industrial limit of 80 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 11. All fuel tanks shall comply with the requirements of the Mountain View Fire Protection District. 12 g70 RECOMMENDATION, USR-961 William Kobobel Page 3 4. Prior to scheduling before the Board of County Commissioners: An off-site road improvements agreement shall be approved by the Board of County Commissioners. The agreement shall mitigate impacts generated on Weld County Roads 5, 18, and 7 by this mining operation. The agreement shall include the type of road improvements, the applicant's share of the improvements, means of financing, and time frame for construction; 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" . o `n1.9's DEVELOPMENT STANDARDS, USR-961 William Kobobel Page 2 12. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 13. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 14. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 15. 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. 16. 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. 17. 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. 07;01.2 LAND-USE APPLICATION SUMMARY SHEET Date: October 28, 1991 CASE NUMBER: USR-961 NAME: William Kobobel ADDRESS: 7909 Weld County Road 5 Longmont, CO 80501 REQUEST: A Site Specific Development Plan and Use by Special Review for an open-pit gravel mining operation. LEGAL DESCRIPTION: Part of the NE4 NE4 of Section 29, and part of the SE4 of Section 20, and part of the SW4 of Section 21, all in T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1-3/4 miles west of the Town of Firestone; west of Weld County Road 5 and north of Weld County Road 16-1/2. POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The Planning Commission criteria for review is listed in Section 24.3, 44.4, and 44.5 of the Weld County Zoning Ordinance. Specific referral recommendations have been received from the County Engineer, Environmental Protection Services, Water Users Association of District No. 6, Mountain View Fire Protection District, and Division of Water Resources. The Department of Planning Services' staff has not received any objections regarding this request. C) FIELD CHECK FILING NUMBER: USR-961 DATE OF INSPECTION: October 18, 1991 APPLICANT'S NAME: William Kobobel REQUEST: An open-pit gravel mining operation. LEGAL DESCRIPTION: Part of the NE4 NE4 of Section 29, part of the SE4 of Section 20, and part of the SW4 of Section 21, all in T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1-3/4 miles west of the Town of Firestone, west of Weld County Road 5, and north of Weld County Road 16-1/2. LAND USE: N Sand and gravel mining, agricultural production, oil and gas production. E Weld County Road 5, agricultural production, oil and gas production. S Agricultural production and oil and gas production. W Agricultural production, oil and gas production; Boulder Creek. ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: Access to the sand and gravel operation is proposed from Weld County Road 5. Weld County Road 5 is a gravel road with a local classification and 60 foot right-of-way. The parcel contains a single family home and outbuildings. The balance of the property is used for agricultural production. Idaho Creek meanders across the parcel. CCC. Principal Planner 97,01.2c; y �y N. •; �-i 1�-f 1 _ s�,�s . : a afi .L io' tl ! k '„ • , :, . 1 . . • h ' I • .. ��"R `,/ c9▪ 30 p' t• n 25 /v r xt ,5/1 s t• s n i � 1. I v � f „_ h e k 1 I r ( o 4l c/ G. IA,.. •I .r 1� :eR ° F R S o = 7 /{. 1 I• , ss ; f, : I V n F• - ._ _ • ft p 34 x s ". I — ' �. v — — D4-"— —•t. ,).! .:i. •. u . — h.. .• 1-T '. •k qq N i. Car • ` q\,� '/ ` of 05' • \' , • °' . . • 1.."`z. • . °.°.t-- C•• •-17 ' N. `•• a. - . 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" V A AND ...7 /.( 2-.5- \�)1 ��d 499) / ) 4950 A 4442 ) I f _ , ''i / / I 11 r� � s� )v � � r - �...90 40 • / 19 I / /f �„ 2 / pl - - - - m m - - ' Idaho Crreek/o j iO b - i 4900' 00 ¢ ¢ i A i�• ��95 / / r.---•— <99�: `-�8 - -.e5• r��I/I�1! ice/ \ �1 �- I i( / 1?Igasant View Ridge AA 7ni l�• 'C Ai;•� � � � � 1J p4 l�aho e , _ = .. _, . 1 / ),..„.6 eNel RP ,T1_,—.-_---_=__, /r \-- __ ,/,--- p I \ ' e O� r.,, i .9 v.�/ 4440 , �� il. .� 1 i v� � '1 ilk �� - _ 7-.. �* 5012 — Z075 141 I<9Z]- 28� _�� __ _ / / ;3 i/ Q r I < 1 t0 / � .J / O - -4954 / „ 280 �Lu J ! \ \ 4 o n FEE c o Q. i A • VI � K / — � i o2 31 3 K. , 33 :` 4432 _ G � ..7� - �i � T-2 / 4950 / / J l • \." I �/_.. 1 \ ` -`�.. -W t, MOUNTAIN VIEW FIRE PROTECTION DISTRICT 700 Weaver Park Road, Longmont, CO 80501 VIEW (303) 772-0710 Metro (303) 666-4404 October 16 , 1991 Weld County Dept. of Planning Rod Allison 915 10th St. Greeley, CO 80631 RE: William Kobobel development plan. Dear Mr. Allison, The Mountain View Fire Protection District has reviewed the development plan for William Kobobel and have no conflicts provided the following is done: 1. The Fire District must review any plans for installation of fuel tanks. All fuel tank installation must meet the requirements of the Uniform Fire Code. If you have any questions or comments, please feel free to contact me. Sincerely, diAGA Mark A. Lawley, Chief Division of Fire Prevention o SIG -ti\t51 OCT 17 1991 Weld County Planning : 2,0 .2 REFERRAL LIST NAME: William Kobobel CASE NUMBER: USR-961 REFERRALS SENT: October 11, 1991 REFERRALS TO BE RECEIVED BY: October 25, 1991 COUNTY TOWNS and CITIES Attorney _Ault • X Health Department Brighton Extension Service _Broomfield X Emergency Management Office _Dacono _Sheriff's Office _Eaton • X Engineering _Erie _Housing Authority _Evans _Airport Authority ____Firestone Building Inspection _Fort Lupton Frederick _ STATE _Garden City X Division of Water Resources _Gilcrest Geological Survey _Greeley _Department of Health _Grover _Highway Department _Hudson _Historical Society _Johnstown _Water Conservation Board _Keenesburg • X Oil and Gas Conservation Commission _Kersey La Salle FIRE DISTRICTS _Lochbuie Ault F-1 _Longmont _ _Berthoud F-2 _Mead _Brighton F-3 _Milliken Eaton F-4 New Raymer _ _Fort Lupton F-5 _Northglenn Galeton F-6 _Nunn _Hudson F-7 _Platteville _Johnstown F-8 _Severance _La Salle F-9 _Thornton • X Mountain View F-10 ____Windsor Milliken F-11 _ Nunn F-12 COUNTIES _ _Pawnee F-22 _Adams _Platteville F-13 _Boulder _Platte Valley F-14 _Larimer Poudre Valley F-15 Raymer F-23 FEDERAL GOVERNMENT AGENCIES Southeast Weld F-16 X US Army Corp of Engineers ----Windsor/Severance F-17 _ _ USDA-APHIS Veterinary Service _Wiggins F-18 _Federal Aviation Administration _Western Hill F-20 _Federal Communication Commission OTHER SOIL CONSERVATION DISTRICTS X Central Colo. Water Conservancy Dist. _Brighton Panhandle Eastern Pipe Line Co. _Fort Collins X Tri-Area Planning Commission Greeley X Burlington Northern, Inc. • X Longmont Regional Office _West Adams 1504 Curtis Street Denver, CO 80203 COMMISSION/BOARD MEMBER X Division of Wildlife X Shirley Camenisch • X St. Vrain & Left Hand Water Conservancy District, c/o Lew Williams X Godding Ditch Company/Mr. Francis Gregerson 5584 Weld County Road 24 Longmont, CO 80501 r. ROY ROMER (5( 1%'. JERIS A. DANIELSON Governor „i Slate Engineer , OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES IG7�,77r1cc11 y 1313 Sherman Street-Room 818 ��.-.0 Cy. Denver, Colorado 80203 1; 0 • (303) 866-3581 � 1991 FAX [303] 866=3589 November 4, 1991 tye{d CGl1.';ty planning Mr. Rod Allison, Planner Weld County Dept. of Planning Services 910 10Th Street Greeley, CO 80631 Re: Idaho Creek Resources \ Kobobel, URS-961 Sec. 20, 21, & 29, T2N, R68W, 6TH PM W. Division 1, W. District 5 Dear Mr. Allison: We have reviewed the above referenced application to mine sand and gravel on a 65.7 acre site. Water requirements are identified as totaling 93.55 acre feet. The application states that water for the mining operation will be supplied from existing water rights controlled by the applicant. These water rights will be incorporated into a substitute supply plan to be submitted to the State Engineer for review and approval. Since the mining operation will expose ground water, the provisions of Senate Bill 120 [(Section 37-90-137 (II) (a) (I), C.R.S. (1973)(1989)1, must be complied with. Under Senate Bill 120 which was enacted June 10, 1989 fees of $350.00 for the gravel pit application and $60.00 for a well permit are to be submitted to the State Engineer. A well permit cannot be issued without a Water Court approved plan for augmentation or a substitute supply plan approved by the State Engineer. Our records indicate that no well permit application, gravel pit application and fees, or substitute water supply plan has been submitted to date for this gravel pit operation. Since the provisions of Senate Bill 120 have not been complied with,we do not recommend approval and ask that this application be held in abeyance until a substitute water supply plan has been approved by the State Engineer or the applicant has obtained a Water Court decreed plan for augmentation. If you have any questions in this matter, please contact John Schurer of this office. Sincerely, J Purushottam Dass, P.E. Supervising Water Resource Engineer PD/JS/Kobobel cc: Alan Berryman, Division Engineer Bruce DeBrine Gary Tuttle 92O1.2 WATER USERS ASSOCIATION OF DISTRICT NO. 6 1960 Industrial Circle, Suite B Longmont, CO 80501 October 17 , 1991 Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 RE: Case Number USR-961, Idaho Creek Resource Planning Department: District 6 Water Users have several concerns regarding replacement of water depletions caused by the above referenced plan. The application proposes taking a credit of 59 acre-feet for sub-irrigation of the historic ground cover because of high groundwater. This claim will require substantiation. Consumptive use credit on the irrigation water must be reduced by any credit taken for sub-irrigation. The application further notes that the owner historically used 25% of the Carr and Tyler Ditch despite the fact that only 1/16th is owned. District 6 is aware of a claim from an adjacent property owner for use of 80% of the Carr & Tyler average annual diversion, or about 230 acre-feet to irrigate 140 acres, while the actual ownership is 25%. It will be necessary for the applicant to provide a map showing exactly what acreage is irrigated by what water and appropriate verification. The water proposed for augmentation is irrigation flows that will not be available to offset non-irrigation season depletions when there are calls on the river. Replacing winter depletions may be required before approval of the substitute supply plan is obtained. District 6 Water Users cannot approve this application without assurance that these concerns will be addressed. It is our understanding that a substitute supply plan will be submitted to the State Engineer' s Office for review. The concerns noted above must be addressed in a substitute supply plan. o_s rryye Weld County Planning Department October 17, 1991 Page 2 Because of the proposed relocation of Idaho Creek, it is requested that this application be forwarded to the Godding Ditch Company for review. Mr. Francis Gregerson, 5584 Weld County Road 24, Longmont, CO, 80501, is President of the Godding Ditch Company. Thank you for the opportunity to comment. Sincerely, WATER USERS ASSOCIATION OF DISTRICT.NO. 6 Les Williams, President cc Godding Ditch Company 8.1\USR-961.LTR S?012S t4ffir mEmORAnDU To Weld County Planning pitT "Ortnhor 93, 1091 COLORADO From Wes Potter. Director. En�n.4 onmefltal Prntortinn Snrviroc Subject Case Number: USR-961 Name: Kobobel , William Environmental Protection Services has reviewed this proposal and recommends for approval, subject to the following conditions: 1. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. All required Emissions Permits are obtained from the Air Pollution Control Division, Colorado Department. 3. No permanent disposal of wastes shall be permitted at this site. 4. All materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 5. Fugitive dust shall be controlled on this site. 6. The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 7. A bathroom with adequate toilet facilities served by an individual sewage disposal system, are required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 8. Any required NPDES Permit shall be obtained from the Water Quality Control Division of the Colorado Department of Health and/or amended, if appropriate for the increased operation. 9. A dust abatement plan shall be submitted to the health department for approval prior to operation. The facility shall have sufficient equipment available to implement the dust control as required by the health department. 10. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility area in a manner that will prevent nuisance conditions. j U tint WP/cs-684 ` �G� 0CT z 1991 i VIla!C Planning A(,/,' mEMORAnDU( WIiDc. To Rod Allison Planning Dace October 24. 1991 COLORADO From Drew Scheltinga. County Engineer \ --St_:. Subject. Kobobel Gravel Pit, USR-961 The heavy traffic generated from this site over the 10-year expected life will have a major impact on the Weld County road system. In order to mitigate the impact, the applicant should be required to establish specific haul routes and to enter into a Road Improvements and Maintenance Agreement with the Board of Weld County Commissioners. I agree with the haul route that is indicated in the application materials. All trucks should be restricted to haul as follows: From the pit entrance northeast on County Road 5 to its intersection with County Road 18, then southeast along County Road 18 to its intersection with County Road 7, then north and south on County Road 7 between State Highway 52 and State Highway 119. Weld County Road 5 from the pit entrance to Weld County Road 18 is not paved, and will not support the heavy trucking. I recommend the road be paved in a similar manner to our agreements with other gravel operators in the area. That is, the operator construct the base and paving, with Weld County reimbursing the cost of the liquid asphalt. We have Maintenance Agreements that provide for the upkeep of the haul routes with other gravel operators in the area. The Maintenance Agreements are not specific in terms of repair, location, or cost sharing because the hauling intensity varies from location to location, as do the needed repairs. Therefore, the agreements require the operator to cooperate with Weld County and other operators in the area to repair the haul routes. II OCT 2x41991 11 DS/mw:prkob.mrw `1--- cc: Commissioner Harbert Planning Referral File - Kobobel Gravel Pit, USR-961 DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 91510th STREET - GREELEY,COLORADO 80631 A c".3e'bl-- COLORADO \ Q�r �� October 11, 1991 CASE NUMBER: USR-961 TO WHOM IT MAY CONCERN: Enclosed is an application from William Kobobel for a Site Specific Development Plan and a Special Review permit for an open-pit gravel mining operation in the A (Agricultural) zone district. The parcel of land is described as part of the NE4 NE4 of Section 29, and part of the SE4 of Section 20, and part of the SW4 of Section 21, all in T2N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1-3/4 miles west of the Town of Firestone, west of Weld County Road 5 and north of Weld County Road 16-1/2. 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 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 recommendation is under consideration and will be submitted to you prior to: 5. Please refer to//the enclosed letter. Signed:_ j.) 7 ., »s2Ul7o/2,/Agency: Longmont Soil Conservation District Date: October 24, 1991 F32012 2 Pt It C( 1/4S 8 OCT 2 t. :91°11\ DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.aa00 !9 ',RECEIVED � COL915 ORADO STREET eileld Weuw±{°�ISi931+ CEGREELEY,COL 00,EXT80631 4400II OCT t 5 1991 COLORADO ,„-LO.OIL&OL.SCQNS.COMM. October 11, 1991 CASE NUMBER: USR-961 TO WHOM IT MAY CONCERN: Enclosed is an application from William Kobobel for a Site Specific Development Plan and a Special Review permit for an open-pit gravel mining operation in the A (Agricultural) zone district. The parcel of land is described as part of the NE4 NE4 of Section 29, and part of the SE4 of Section 20, and part of the SW4 of Section 21, all in T2N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1-3/4 miles west of the Town of Firestone, west of Weld County Road 5 and north of Weld County Road 16-1/2. 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 so that we may give full consideration to your recommendation. Please call Rod Allison, Principal Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3 . We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Pleas ,ref�o the enclosed letter. ,. Signed: LE-� ix) / Agency: �3,/$(`1as C/h.ic ripen Omin,441e' Date: / /19 KT= 'P • DEPARTMENT OF THE Ar„+lY `� CORPS OF ENGINEERS,OMAHA DISTRICT / fi\:I I// a\ TRI-LAKES PROJECT OFFICE.9307 STATE HWY 121 -'+(j ej LITTLETON.COLORADO 90123-6901 �/ REPLY TO ---- ATTENTION OF October 28, 1991 Denver Regulatory Office Mr. Gary J. Tuttle Tuttle Applegate, Inc. 11990 Grant Street, #410 Denver, Colorado 80233 Dear Mr. Tuttle: Reference is made to the proposed mining activity, Idaho Creek Resource; Weld County. This mining project will include the relocation of Idaho Creek by excavation of a new Idaho Creek channel and diverting the flow into the new channel by installing vertical piling in the old channel. This Project is located in Sections 20, 21 and 29, Township 2 North, Range 68 West, Weld County, Colorado. t This letter is to inform you that the proposed activity, assigned number 199177367,1 will not require a Department of the Army (DA) Permit. Although a DA Permit will not be required for the project, this does not eliminate the requirement that other applicable federal, state, and local permits be obtained as required. If there are any questions concerning this matter, please feel free to contact Mr. Terry McKee of this office at 303-979-4120 or. ISincerely, 1 TIMOTHY T. CAREY . Project Manager . ii 3-' t 2'0 ICl /74DI5 April 26 , 1991 Regulatory Branch Mr. Gary Tuttle Tuttle Applegate , Inc . 11990 Grant Street Suite 410 Denver, CO 80233 Dear Mr. Tuttle: Reference is made to our April 23 ,which 1991 site s vise t and to isit and to your wetland delineation and map Property adjacent to IdahoCreek in Sections 20 , 21 and 29 , T-2- N, R-68-W, Weld County, Co This letter is to inform you that the wetland delineation is considered accurate and acceptable by this office . The wetlands are considered to be waters of the United States pursuant to Section 404 of the Clean Water Act . If or apermanent proposed activity requires the placement of temporary dredged or fill material into these waters , this office should be contacted for proper Department of the Army permits . li This wetlands jurisdictional delineation is valid for a period of three years from the date of this letter unless new information warrants revision of the delineation before the expiration date . If you have any questions concerning this matter , please feel free to contact me at ( 303 ) 979-4120 or 4121 . Sincerely , III TERRY McKEE Environmental Resource Specialist cc : Permits Files Omaha Permits Branch 0201 2,11 1�I 0 G F t1P • STATE OF COLORADO ) II • 0CT 2 H 1991 . Is.s. COUNTY OF WELD I 1.11s+rs;_•t.:J Pye^tny David B. 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 Continousl NOTICE OF PUBLIC HEARINGy and • The Weld Count Planning uninterruptedly . published therein, • Commission will hold a public hearing on Tuesday November 19, during a period of at least 1991, at 1:30 p.m. for the purpose fifty-two consecutive weeks prior to of considering a Site Specific the first publication of the annexed Rev Revieewpmer mil for t Plan and t a Special Review ehe property describedp below. Approval of the notice; that said newspaper is a request may, create a vested oroper[ right pursuant to newspaper within the meaning of the ColoraC Law. act of the General Assembly of the APPLICANT: William Kobobel .LEGAL DESCRIPTION: Part of State of Colorado entitled "An ACt the NE4 NE4 of Section 29, part of ,• the SE4 of Section 20, andin IN and art to regulate the printing of legal SW4 of Section 21, all T R68W of the 6th P.M., Weld notices and advertisements and County E Colorado. r TYP AND INTENSITY OF amendments thereto; that the notice Decia DeveSED lopment, and a Specific of which the annexed is a printed Special Review permit for an open-cut�ggravel mining operation. copy L s w Ap r the To 1-3/f py taken from said newspaper, was • Files oEP the Town of published in said newspaper, and in Firestone, west of Weld County Road 5 and north of Weld County Road 161/2. the regular and entire issue of The public 2erin more or less every number thereof , to Welds Countyg Commiissioners Hearing Room, First Floor, Weld Once a week for -1 County Centennial Center, 915Tenth Street, Greeley, Colorado. Comments or objections related to the successive weeks; that said notice submitted ipnar request to hthedW be ed was so published in said newspaper ces, 915 Tenth;Streetla80631 342, Greeley, Colorado 80631 proper and not in any supplement befre the above date or presented at the public hearing un thereof , and that the first , November 19 1991. publication of said notice as Cvai of khe application are n available for public inspection i the Department of Planning aforesaid , was on the Services, Room 342, Weld Counts Centennial Center, 915 Tenth {r+�` /1 Street, Greeley, Colorado 80631 - 11�1 day of ° Cf ..s 19 y I , Phone enions0W Extension 4400. I Bud Clemons,,Chairman Weld County Planning New News New To be published in The News �t To be published one ill time by and the last on the I^ day Of November 4, 1991 Published in The New News 0 Ltri October 17, 1991. \\` it19 t'\\6"- /:)..-41--7 I` L � Subscribed and sworn to 4Lfore me this ., day of C-77-XL-__ , 199/ . 4"71t I-, ` . AZ,.C,..A.L.-.ice/ 0201 '9'1 DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 91510th STREET GREELEY,COLORACO 80631 Be. COLORADO October 11, 1991 Gary Tuttle Tuttle Applegate, Inc. 11990 Grant Street, Suite 410 Denver, CO 80233 Subject: USR-961 - Request for a Site Specific Development Plan and a Special Review permit for an open-pit mining operation from William Kobobel on a parcel of land described as Part of the NE4 NE4 of Section 29, part of the SE4 of Section 20, and part of the SW4 of Section 21, all in T2N, R68W of the 6th P.M. , Weld County, Colorado. Dear Gary: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Planning Commission for November 19, 1991, at 1:30 p.m. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members might have with respect to your application. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is location within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Tri-Area Planning Commission for its review and comments. Please call Becky Marker at 833-2075 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 Tri-Area Planning Commission Meeting to answer any questions the Commission members may have with respect to your application. It is the responsibility of an applicant to see that a sign is posted on the property under consideration at least 10 days preceding the hearing date. Sometime prior to November 8 , 1991, you or a representative should call me to obtain a sign to be posted on the site no later than November 9, 1991. The sign shall be posted adjacent to and visible from a publicly maintained road right-of-way. In the event the property under consideration is not adjacent to a publicly maintained road right-of- way, the applicant shall post one sign in the most prominent place on the property and post a second sign at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. Your sign posting certificate must be returned to the Department of Planning Services' office on or before the date of the hearing. �j�t,-2%'; 1 rio , October 11, 1991 USR-961 Page 2 The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four (24) hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services' office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please feel free to call me. Res ectfully, Rod Allison Principal Planner RDA/sfr SURROUNDING PROPERTY OWNERS/INTEREST AND/OR SURFACE ESTATE OWNERS William Kobobel USR-961 Martha A. and Leslie J. Williams, Jr. 8876 Rogers Road Longmont, CO 80501 Arthur, Lucy and Luther Stromquist 12189 Oxford Road Route #2 Longmont, CO 80501 Michael S. and Virginia N. Shaw 1435 Weld County Road 16-1/2 Longmont, CO 80504 H. Gene and Carolyn M. Bulthaup 698 Highway 52 Erie, CO 80516 Burlington Northern Railroad 304 Inverness Way South Englewood, CO 80112 William and Margaret Kobobel 7909 Weld County Road 5 Longmont, CO 80501 Tr- 1-2 1 JOB NO : 91-156SP TUTTLE APPLEGATE, INC. Consultants for Land and Resource Development p TELEPHONE: (303) 452-6611 FY: (303) 2759 11990 Grant Street; Suite 410; Denver, CO 33FEP151992 iu ELD COUNTY LETTER OF TRANSM EY'S OFFICE DATE: February 12, 1992 PROJECT: Idaho Creek Resource TO: Mr. Lee Morrison Weld County Assistant County Attorney 915 Tenth Street Greeley, CO 30631 NE TRANSMIT: THE FOLLOWING: FOR YOUR: ai Attached ❑ Prints 94 Use ❑ Under Separate Cover 0 Originals ❑ Approval ❑ Information Below a Copy of Letter ❑ Information Substitute Supply Plan ❑ a Applications ❑ Review & Comment ❑ Specifications ❑ Material Returned ❑ Recording Mylars ❑ Signature & Return ❑ Change Order ❑ Number of Copies Dated Sheet No. Description 1 2/10/92 Letter to Jeris Danielson, State Engineer (Substitute Supply Plan) 2 2/92 Well Applications Remarks: Copy to: File #91-156 Bill Kobobel Copy w/Enclosures to: Signed: Dave Jones •<=,01.2q cc ' P�- WRJ.5-Rev. 76 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver,Colorado 80203 PERMIT APPLICATION FORM Application must be complete where - ( I A PERMIT TO USE GROUND WATER applicable. Type or ( ) A PERMIT TO CONSTRUCT A WELL print in BLACK FOR: ax) A PERMIT TO INSTALL A PUMP INK.No overstrikes or erasures unless ( ) REPLACEMENT FOR NO. initialed. ( I OTHER WATER COURT CASE NO. (1) APPLICANT - mailing address FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN NAME William E. Kobobel Receipt No. / STREET 7909 Weld County Road #5 Basin Dist. CITY Longmont, CO 80501 (State) (Zip) CONDITIONS OF APPROVAL TELEPHONE NO. (303) 772-8333 This well shall be used in such a way as to cause no material injury to existing water rights. The (2) LOCATION OF PROPOSED WELL issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water County Weld right from seeking relief in a civil court action. NW : of the SW %, Section 21 Twp. 2 IL, Rng. 6R Jtl�, 6 P.M. IN.SI I E.WI (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) 1000 Average annual amount of ground water to be appropriated (acre-feet): 807 Number of acres to be irrigated: 0 Proposed total depth (feet): 25 Aquifer ground water is to be obtained from: Alluvium Owner's well designation GROUND WATER TO BE USED FOR: , ( ) HOUSEHOLD USE ONLY . no irrigation (0) ( I DOMESTIC (1) (X I INDUSTRIAL (5) ( 1 LIVESTOCK (2) ( ) IRRIGATION (6) I ) COMMERCIAL (4) ( ) MUNICIPAL (8) 1 1 OTHER (9) APPLICATION APPROVED DETAIL THE USE ON BACK IN (11) PERMIT NUMBER (4) DRILLER DATE ISSUED Name N/A EXPIRATION DATE Street City • C (STATE ENGINEER) (State) (zip) BY Telephone No. Lic. No. x,43:1 211, I.D. COUNTY (5) THE LOCATION OF THE PROPOSED WELL and the area on (6) THE WELL MUST BE LOCATED which the water will be used must be indicated on the diagram below. by distances from section lines. Use the CENTER SECTION (1 section, 640 acres) for the well location. + — -F — ± _ ± _ --i_ _ + _ + — + _ + 1600 ft. from South (north or youth) I !4---1 MILE,5280 FEET -pl I 400 ft. from West f + + .+- ± ± -1- leas LOT BLOCK FILING * .+ — —I- — 1NORTH SECTION LINE I - + - SUBDIVISION (7) TRACT ON WHICH WELL WILL 1 NORTH+ w — + - - - + _ _m + LOCATED Owner: William E. T Z y t No. of acres 65.7 Wit p 03 m I the only well on this tract? Yes U I I + - + I I Z (8) PROPOSED CASING PROGRAM XX_ -4- _ — _ Y — z j Plain Casing N/A m + f I I in.from ft.to + — + - I I in.from ft.to SOUTH SECTION LINE — 4_ — —I- Perforated casing in.from + ft.to + 4 4 4 + + in. from ft. to I II I I I (9) FOR REPLACEMENT WELLS give d + — _4_ — -r. — + - + - 4__ - 4_ — +- _ _4., and direction from old well and plans for p it: N/A The scale of the diagram is 2 inches= 1 mile Each small square represents 40 acres. WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second Icfsl . . .449 gallons per minute Igpml A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot . .43,560 cubic feet . . .325,9O0 gallons. 1,O00 gpm pumped continuously for one day produces 4.42 acre-feet. (10) LAND ON WHICH GROUND WATER WILL BE USED: Owner(s): N/A No. of acres: Legal description: (11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of d system to be used. Groundwater will be pumped from a sump area which is fed by dewaterino trenches to allow dry sand and gravel mining. Water will be pumped to Idaho Creek See Substitute Supply Plan for more details. (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers Type or right Used for(purpose) Description of land on which used N/A (13) THE APPLICANT(S) STATEE((SS)) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE/BEST OFF � OWLEDGE. SIGNATURE OF APPLICANT'S) • fit; Use additional sheets of oaoer if mnrp cn.ro ir .e..,.,...a - FORM NO. STATE OF COLORADO For Mee Use only OWS-27 OFFICE OF THE STATE ENGINEER 823 Centennial Bldg., 1313 Sherman St. Denver.Colorado 80203 (303) 566-3581 SEE INSTRUCTIONS ON REVERSE SIDE GRAVEL PIT WELL PERMIT APPLICATION 1. TYPE OF PERMIT IXX NEW PIT(S) ❑ PIT(S) EXIST, CONSTRUCTED AFTER DEC. 31, 1980 ❑ REACTIVATION OF PRE JAN. 1, 1981 PIT(S) 2. OWNER NAME(S) - William E. Kobobel Mailing Address 7909 Weld County Road #5 City, St. Zip Longmont, CO 30501 Phone ( 303 ) 772-8333 3. ADDRESS OF LOCAL CONTACT (If different than #2) NAME(S) Same as above Mailing Address City, St. Zip Phone ( ) 4. GENERAL LOCATION OF PIT(S): COUNTY SE 1/4 SE 1/4, Sec. 20 Twp, 2 ID N. ❑ S., Range 68 ❑ E. 0 w. 6 P.M. 5. Total number of water surface acres (to be) exposed 58.7 . Total Number of Pits 1 6. Estimated total depth of pit 15 . Estimated depth to groundwater 4 7. (a) Estimated date to begin excavation March, 1992 ,to complete excavation March, 2002 8. ATTACHMENTS: (Check which have been attached.) (a) XX Scaled map of pit area tied to a Section or 1/4 Corner (Required). (b) ❑ Copy of the reclamation permit if applicable. (c) ❑ Copy of Pre 1/15/89 Water Conservancy Dist. or Water User Assoc. Augmentation Agreement if applicable (d) IXX Copy of proposed Augmentation or Temporary Supply Plan if applicable. (e.) ❑ Copy of Court approved Augmentation Plan if applicable. . (f) ❑ Other 9. Detailed description of the use and method of diversion of any water withdrawn from the pond. Water uses will include dust control , water retained in the sand and gravel which will be exported off the site, evaporation trom the dewatering trenches and sump area, and evaporation from the wash ponds. See Substitute Supply Plan tor more details . 10. I (we) have read the statements made herein and know the contents thereof, and that they are true to my (our) knowledge. [Pursuant to Section 24-4-104 (13)(a) C.R.S., the making of false statements herein constitutes perju in the second degree and is punishable as a class 1 misdemeanor.] Name/Title (Please type or print) ignature Date Willaim E. Kobobel , Owner/Operator CU €' dalg 1'�V, For Office Use only /)O1:L>9 Court Case No. Div. Co. _ WD Basin MD Use sONSissla Miasma MS — MSS Sinless TUTTLE APPLEGATE, INC. Consultants for Land and Resource Development February 10, 1992 Dr. Jeris A. Danielson State Engineer 1313 Sherman Street - Room 818 Denver, Colorado 80203 RE: Application for Temporary Substitute Water Supply Plan for Idaho Creek Resource Gravel Pit Dear Dr. Danielson: The purpose of this letter is to request approval of a substitute water supply plan pursuant to Section 37-80-120 (2 ) C.R.S. on behalf of William E. Kobobel for his Idaho Creek Resource sand and gravel operation. Bill Kobobel is in the last stage of acquiring a mining permit from the Mined Land Reclamation Division for the subject operation. Idaho Creek Resource is located in Weld County. Attached with this letter is a check made out to the Division of Water Resources for $470 .00 ($60 .00 for a dewatering permit, $60. 00 for a gravel pit well permit, and $350. 00 for the substitute supply plan review) . A. INTRODUCTION The Idaho Creek Resource property is owned by William E. Kobobel. It is located along Boulder Creek. Idaho Creek, a small tributary to Boulder Creek crosses through the property. The site is west of Interstate 25 and Weld County Road 5 (See enclosed Vicinity Map) . The property will be mined for fill material and aggregates. The total area to be mined will be approximately 70 acres. Between five and eight acres will be mined in the first year. Water use at the site will include evaporation from exposed groundwater, water retained in the material removed from the site, and water used for dust control. The applicant intends to make replacements to the stream system with water from the Carr and Tyler Ditch. 11990 Grant Street, #410 Telephone: ( 303 ) 452-6611 Denver, Colorado 80233 Facsimile: (303 ) 452-2759 O 01 16.a9�_• _dM _ _ —3 _ 3 � }4e7e 4874 �a�F ---)11:Ii -- - ; ' B o. 0/ T l& BM / .. oo <e/� 4882 • ^I� 49 ;, ./ 4- ° / gyp/ u �r- •. I 21 ,� (e7 �/,, / _1 22 �,i i12/ �c890- / ,Ag50/ !� - ! ;' /�I Idaho Creek e - wI ess 211 -= _�Kr / �2 /' 25 I ;! �/ _ 4950 _ �'� /y� 7 i B7 I. 3 SITE � � __ 4 e 4940 �' ,i. w N LOCATI O I,.I' c ho J/ tiJ.. 6P A�`� N I I I �- 28/ _ IPvis ‘,; o I \ _—� A N: �s000 A °% � • IJ III 0 1' I ,w,� \✓�. • /r col! 4979 'r9 -- BM• cam \�� a95P / ._ 5016 �. P �� •I �% °o e"4. in �� vv / e She ..I Iii �'� u� -� ii ��- o Mine I r. I\•�, ii '� JJ •_ 33 • y] T F — 3 A _' t-- 3'I3 (`_ Iii -— 4- �' ICI N ._:, A NORTH Y �:.% — 2000 T2N �\\ �I. 2 ; oAo(i BM ) iI _ .� ISO15 it T 1 N �;)�i `'`'i /-�''' �,—� - ._ ®:_f - IUTTi.LE t PPLEGAATEee .!VICINITY MAP - ,1990 Grant Street, Suite 410 i; Denver,Colorado 60233 Dr. Jeris A. Danielson State Engineer February 10, 1992 Page 2 B. DEPLETIONS 1. Evaporation The mine site is in an area with a high water table and water will be exposed at the site due to sand and gravel mining. However, the mining area will be dewatered with a dewatering trench around the perimeter of the pit. The site will be continuously pumped to Idaho Creek at the northeast corner of the property, as shown on the enclosed mining plan. Therefore, the only exposed water surface due to excavation will be water in the dewatering trench. The trench will have a surface area of approximately 0.4 acres. An application for a permit to install a dewatering pump has been submitted along with this letter. The NOAA Technical Report NWS 33 , 'Evaporation Atlas for the Contiguous 48 United States' , published by the U.S Department of Commerce was used to determine the amount of evaporation. The annual evaporation is 40 inches at the subject location. The monthly evaporation was then calculated by using the monthly percentages as suggested by the Office of the State Engineer in their criteria for these reports (See Table No. 1 ) . Precipitation at the site was found by using data from the publication, 'Climatography of the United States No. 81 ' . The precipitation at the mine site is estimated to be the same as that found at the nearest weather station which is located in Longmont. The annual mean precipitation is 13 .00 inches/year. The breakdown of monthly averages is found in Table No. 1. Effective precipitation was determined in order to compute the net lake evaporation (See Table No. 1 ) . Effective precipitation was computed as 70% of the total precipitation. Effective precipitation was then subtracted from the gross evaporation to obtain the net evaporation. The net annual evaporation from a lake surface at the Idaho Creek Resource Pit is 2 .58 feet (31 . 0 inches) . In addition to the groundwater exposed due to excavation below the water table, water will be exposed in the wash ponds that will be constructed on the site. The washing operation is discussed in more detail below. Print Date: 12-Feb-92 Tuttle Applegate, Inc. TABLE 1 - PROJECTED CONSUMPTIVE USES Consultants for Land and Resource Developsent IDAHO CREEK RESOURCE **#*f#*********fif****ff*f**f*******f*ffff*ffff#*f#* NOTES: *Year in Life of Mine = 0 4 *Annual Sales of Material = 160,000 Tons I *Moisture Content of Material 4 % * *Gross Lake Evaporation = 40.0 In/Yr. * (Annual Total) * *Annual Precipitation= 13.00 In/Yr. * #**{******f.*ff*f*fff*****f*fif*fif*f*#f********fff** *****OPERATIONAL LOSSES***** ANNUAL DESCRIPTION JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTAL : 1 Sand and &ravel Sales 1 Percent of Yearly Sales 1 2.40 3.20 4.00 6.00 8.00 12.00 18.00 20.00 16.00 4.00 3.20 3.20 100.00 1 Monthly Sales Vo]use 1 3,840 5,120 6,400 9,600 12,800 19,200 28,800 32,000 25,600 6,400 5,120 5,120 160,000 :Moisture Loss in Material(ac-ft) 1 0.11 0.15 0.19 0.28 0.38 0.57 0.85 0.94 0.75 0.19 0.15 0.15 4.71 1 1 1 !Dust Control lac-ft) 1 0.00 0.00 0.00 0.08 0.16 0.26 0.36 0.26 0.16 0.12 0.00 0.00 1.40 1 TOTAL MONTHLY CONSUMPTION 1 0.11 0.15 0.19 0.36 0.54 0.83 1.21 1.20 0.91 0.31 0.15 0.15 6.11 ff********f#f****###f#**f**ff**f*fff *Nash Plant Pond * 0.06 acres *Dewatering Pond/Trench f 0.40 acres *Total Water Surface f 0.46 acres f*f*f***#f**f***f***#fff******#f#f** *****EVAPORATIVE LOSSES***** ANNUAL DESCRIPTION JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTAL :Evaporation as 1 of Annual : 2.90Z 3.20% 4.50% 6.701 9.00% 13.401 15.901 15.201 12.101 8.301 5.40% 3.401 100.00%1 :Gress Lake Evaporation (ft.) 1 0.10 0.11 0.15 0.22 0.30 0.45 0.53 0.51 0.40 0.28 0.18 0.11 3.33 1 :Precipitation (in.) 1 0.39 0.4; 0.91 1.7 2.58 1.61 1.09 1.17 1.23 0.92 0.58 0.41 13.00 :Effective Precipitation (ft.) 1 0.02 0.02 0.05 0.10 0.15 0.09 0.06 0.07 0.07 0.05 0.03 0.02 0.76 1 ;Net Lake Evaporation (ft) 1 0.07 0.08 0.10 0.12 0.15 0.35 0.47 0.44 0.33 0.22 0.15 0.09 2.58 :TOTAL LAKE EVAPORATION (ac-ft) 1 0.03 0.04 0.04 0.06 0.07 0.16 0.21 0.20 0.15 0.10 0.07 0.04 1.18 1 *****DEPLETION & REPLACEMENT***** DESCRIPTION JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTAL :TOTAL DEPLETIONS (AC-FT) 1 0.15 0.19 0.23 0.42 0.61 0.99 1.42 1.40 1.07 0.41 0.22 0.19 7.29 1 Dr. Jeris A. Danielson State Engineer February 10, 1992 Page 3 The dewatering operation will expose 0 .4 acres and the wash pond will expose 0 . 06 acres. Consequently, the net evaporation from 0. 46 acres of water surface will be 1 . 18 acre-feet. The total monthly evaporation is listed on Table No. 1. 2 . Operational Losses There will be some excavation and sale of material from the property. It is anticipated 160, 000 tons of material will be mined from Idaho Creek Resource this coming year. A 4% moisture content, as suggested by the State Engineer, would equate to 4 . 71 acre-feet per year. The monthly breakdown of sales of materials is listed on Table No. 1 . The other operational use of water is water that will be withdrawn to be used for dust control on the haul roads. There will be approximately 1200 feet of haul roads that will be actively used. The roads will be watered on the average of three times per day will a 1/8 inch application. Approximately 100 days of watering will be required during a one year period. It is assumed the water applied to the road will be fully consumed. Therefore, the annual consumptive use for dust control is 1 .40 acre-feet. The monthly use of water for dust control is listed on Table No. 1 . A mobile wash plant will be set up on the site. Water will be cycled through the plant and captured and routed to a three cell pond and then recycled again. The cells will be 20 feet by 40 feet each (0 . 06 acres total) . All losses will be negligible with the exception of evaporation from the ponds and the water retained in the sand and gravel. Both of these losses were presented above. The total annual consumptive use for the operation is projected as follows : Evaporation 1. 18 acre-feet Moisture Retained in Material 4. 71 acre-feet Dust Control 1 . 40 acre-feet -r Total - 7 .29 acre-feet 92131 e)rye Dr. Jeris A. Danielson State Engineer February 10, 1992 Page 4 C. REPLACEMENTS 1 . Source of Replacements The subject property has been irrigated with two ditches, the Carr and Tyler Ditch and the Tom Delehant Ditch. The headgate of the Carr and Tyler Ditch is located on Idaho Creek as shown on Figure No. 1 . Although Idaho Creek is a natural channel, it has been used as a irrigation structure by local farmers and receives water from Boulder Creek and from irrigation return flows. The Carr and Tyler Ditch is a small private ditch with only three landowners under the ditch. The applicant uses the Carr and Tyler Ditch to irrigate the subject property on the west side of Idaho Creek, as shown on Figure No. 1 . He has irrigated 28. 5 acres of pasture grass with the ditch. The decree for the Carr and Tyler Ditch, enclosed with this letter as Exhibit A, can be summarized as follows: AMOUNT ADJUDICATION APPROPRIATION (CFS) DATE DATE 37 .73 06/02/1882 06/01/1864 Table No. 2 is a summary of the diversions for the Carr and Tyler Ditch from the State Engineer' s Office for the 20 year period 1971- 1990. The average annual diversion for the ditch for the subject period is 315 acre-feet. The applicant owns 1/8 or 20% interest in the ditch. Therefore, the pro-rated annual diversion for the Kobobel property is 63 acre-feet. A copy of the property deed for the subject property is attached as Exhibit B which shows proof of ownership in the Carr and Tyler Ditch. Assuming an irrigation efficiency of 50%, with ditch seepage and irrigation return flows making up the additional 50% of the total diversions, the average annual consumptive use is 31.5 acre-feet. For the 28 .5 acre irrigated parcel this equates to a delivery of 2 .2 acre-feet per acre and a consumptive use of 1 . 1 acre-feet per acre. 0=63!.2 Table No, 2 - Monthly Diversions TOTAL DIVERSIONS CARR TYLER DITCH SOURCE - BOULDER CREEK (ARCE-FEET) USE - IRRIGATION TOTAL NUMBER OF SHARES 1 YEAR JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTAL 1971 * 0.0 0.0 0.0 0.0 42.0 128.0 180.0 0.0 0.0 0.0 0.0 0.0 350.0 1972 * 0.0 0.0 0.0 108.0 162.0 116.0 118.0 0.0 0.0 0.0 0.0 0.0 504.0 1773 * 0.0 0.0 0.0 0.0 0.0 204.0 272.0 36.0 0.0 0.0 0.0 0.0 462.0 1974 * 0.0 0,0 0.0 0.0 107.0 83.0 184,0 77.0 0.0 0.0 0.0 0.0 451.0 1975 * 0.0 0.0 0.0 0.0 131.0 89.0 160.0 59.0 0.0 0.0 0.0 0.0 439.0 1976 * 0.0 0.0 0.0 0.0 59.0 89.0 123.0 0.0 0.0 0.0 0.0 0.0 271.0 1977 * 0.0 0.0 0.0 0.0 0.0 162.4 0.0 0.0 0.0 0.0 0.0 0.0 162.4 1978 * 0.0 0.0 0.0 0.0 0.0 59.4 148.5 41.5 0.0 0.D 0.0 0,0 249.4 1979 * 0.0 0.0 0.0 0.0 0.0 41.5 164.3 83.2 0.0 0.0 0.0 0.0 289.0 1980 * 0.0 0.0 0.0 0.0 0.0 160.4 148.5 29.7 0.0 0.0 0.0 0.0 338.6 1981 * 0.0 0.0 0.0 0.0 0.0 0.0 118.8 0.0 0.0 0.0 0.0 0.0 118.8 1987 * 0.0 0.0 0.0 0.0 0.0 29.7 249.5 172.3 0.0 0.0 0.0 0.0 451.5 1983 * 0,0 0.0 0.0 0.0 0.0 0.0 160.4 112.9 0.0 0.0 0.0 0.0 273.3 1984 * 0.0 0.0 0.0 0.0 0.0 83.2 148.5 89.1 0.0 0.0 0.0 0.0 320.8 1985 * 0.0 0.0 0.0 0.0 0.0 0.0 148.5 91.1 0.0 0.0 0.0 0.0 239.6 1986 * 0.0 0.0 0.0 0.0 0.0 29.8 101.2 113.1 0.0 0.0 0.0 0.0 244.0 1987 * 0.0 0.0 0.0 0.0 0.0 57.5 47.6 0.0 0.0 0.0 0.0 0.0 105.1 1988 + 0.0 0.0 0.0 0.0 63.5 63.5 154.7 0.0 0.0 0.0 0.0 0.0 281.7 1989 * 0.0 0.0 0.0 0.0 15.9 0.0 130.9 184.5 23.8 0.0 0.0 0.0 355.1 1990 * 0.0 0.0 0.0 0.0 35.7 130.9 113.1 109.1 0.0 0.0 0.0 0.0 388.8 s MAX * 0.0 0.0 0.0 108.0 162.0 204.0 249.5 184.5 23.8 0.0 0.0 0.0 504.0 MIN * 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 105.1 AVG * 0.0 0.0 0.0 5.4 30.8 76.4 141.1 59.9 1.2 0.0 0.0 0.0 314.7 v",U. I Dr. Jeris A. Danielson State Engineer February 10 , 1992 Page 5 2 . Method of Replacement Water which has historically been used for irrigation of the Kobobel property will not be diverted at the Kobobel headgate and will be left in Idaho Creek and returned to Boulder Creek. The irrigated property will be dried up. The property which will be dried up is within the proposed mining area. The full consumptive use of 31 .5 acre-feet will be committed back to the stream with the exception of water which will be drawn at the Kobobel headgate for irrigation of the trees proposed in the mining reclamation plan along the west and north side of the property. The trees will be irrigated during the first few years until they become established. A total of 50 trees will be planted on the west and north side of the site which physically can be irrigated with the Carr and Tyler Ditch. The trees will consume approximately 0 . 1 acre feet of water annually. Therefore, a total of 31 .4 acre-feet of water annually will be left in the stream to offset the 7 .3 acre-feet of projected depletions. Exhibit C is an affidavit from the applicant, Bill Kobobel, stating his commitment of his portion of the Carr and Tyler Ditch water to this plan. D. ADJACENT WELLS Exhibit D is a copy of the well permits tabulation and the water rights tabulation from the State Engineer's Office. Each of the adjudicated wells are listed on the well permit tabulation. Only two wells are listed within 600 feet of the subject gravel pit. The first is 35469-F which is owned by Williams. The quarter\quarter location, NE/SE Section 20, would indicate the well is potentially within 600 feet. However, the location of the well as indicated by distances from section lines puts it in the west half of section 20 and, therefore, more than 600 feet from the subject property. The applicant has searched off of his property in each direction and no wells were found which would be within 600 feet. Therefore,,,it is believed that well 35469-F has an incorrect quarter/quarter location. Dr. Jeris A. Danielson State Engineer February 10, 1992 Page 6 The other well permit is 32154-F which is owned by Stromquist Farms. Inspection of the permit shows the well is within 600 feet of the proposed gravel pit but the permit also indicates the well is a gravel pit itself . Due to the fact that well 32154-F is actually a gravel pit, no injury will result due to the proposed mining operation. E. CONCLUSIONS AND RECOMMENDATIONS 1 . The pit will be continuously dewatered and, therefore, evaporation will be limited to the water exposed in the dewatering trench and water exposed in the settling ponds. The total annual evaporative lose will be 1 . 18 acre-feet 2 . Other water uses will include water diverted for dust control, 1 .40 acre-feet, and water retained in the material exported off the site, 4 . 71 acre-feet. 3. The source of replacement water is water associated with the Carr and Tyler Ditch which has been used to irrigate 28 . 5 acres of pasture grass. Annually 31 .5 acre-feet has been consumed due to irrigation with the Carr and Tyler. A total of 31 .4 acre-feet will be left in the stream due to the dry up. Approximately 0. 1 acre-feet will still be used for irrigation of trees along the perimeter of the gravel pit. 4 . Only one well permit is within 600 feet of the subject gravel operation. However, the well is a gravel pit itself and, therefore, no injury should result due to the proposed mining. 5. The applicant will use the attached accounting form to keep record of weekly water use. These forms will be made available to the Water Commissioner or the Division Engineer upon request. 6. This plan is requested for one year with the option for renewal. 7 . An annual report will be supplied to the State Engineer. e?;O .2 Dr. Jeris A. Danielson State Engineer February 10, 1992 Page 7 This completes our application for a substitute water supply plan. If you have any questions or need additional information, please do not hesitate to call. Cordially, TUTTLE APPLEGATE, INC. Dave Jones DJ/cr Encs. cc: File #91-156SP Bill Kobobel t�, o c? �� 11 ICD z ► ,� f.. I- �� . II LJ.I CC a) L.1 II (J.. „ II _pi). \ ° UJ\ I al M CC I-- Z v CC O1 F2 ii 1"N CO ° w W 0 ` v CC .Il I. CC a' O ...lion o c. — \ ° w\ II V o < t a II_ MONO eL � ° Z II = (n = ,- D , g * cad 1 \� II ry Q W J 1 1�• b("C 4 II p Q c ii ii 64,1 o O Iii° Oii:i♦y /% © o _ o \\\(_.: 11;44 :LttrC= a�u II boy\ o Ei- w, �\ • w� ~y ( f '-',.-=_ O1 0 •`\� >'; _ v \ h / .0 i '. _ •A Q w U O \ �j. 4. �o� 1 a� ° V� /;:j \'''') \'':-_---.-'-.''''--- .7-1 "Z"--_-7-.. 0 i''' II \_... v : :.. - I . I ,,r/21(3)___ _ _NT_______ •===.1 2 i . , O,6_, . ,R) 7 a ♦ h1+y / op lYf�31 Ct/ I d0 =J„ \ � / • ; T r' : --/,---)\z,II \I. __ •. ,14 a Xis/ : Q — I (-. �� ;�'� ICI �� N;000 'ic al i J+II �; �_ti71? �� mil �- 0��, IDAHO CREEK RESOURCE SUBSTITUTE SUPPLY PLAN MONTHLY ACCOUNTING FORM AVAILABLE REPLACEMENT YEAR WATER (AC-FT) MONTH _________________ TOTAL WEEK WEEK WEEK WEEK FOR DESCRIPTION 13 4 MONTH ! Sand and Gravel Sales Monthly Sales Volume (tons) :Moisture Loss in Material (ac-ft) : 1 , 1 1 J 1 Dust Control (ac-ft) , ! 1 3 ) 1 TOTAL MONTHLY CONSUMPTION of**** •**•16.1F r#••IE********* -•?EdE*dF*•1F-1F•1 *** • *Exposed Lake Surface Acreage acres TOTAL WEEK WEEK WEEK WEEK FOR DESCRIPTION 1 2 3 4 MONTH Evaporation as Y, of Annual Gross Lake Evaporation (ft. ) :Precipitation (ft. ) : Effective Precipitation (ft. ) 1Net. Lake Evaporation (ft. ) f , , :TOTAL LAKE EVAPORATION (AC-FT) v r`;O1. r, n_. • IN THE DI TRICT COURT OF BOULDER COUNTY, COLO. C/- Ditch The Evil- % �y ./a- ' . . .. In the Matter of the Klority of Water Rights. To the District Court of said Counts: Pursuant to an Act of the General Assembly of the State of Colorado, approved February Intl, i88r. entitled:"An Act to make further provisions for settling the priority of rights to the use of water for irrigation in the Districtand M. f Supreme t Courts, and Court making • for record of such priorities,and for payment of coats and expenses incidental thereto," I,JAMES Water District Number Sit,having,after due notice,as provided in said Act,taken all evidence offered touching the priority of right of said Ditch,as required in said Act,and having closed the testimony and carefully examined the same—and all testimony and proof here- tofore taken by any former Referee In said District under the provisions of an Act,the title of which is recited in section four of the said Act of February nth,!881. And having made an abstract of all said evidence,testimonyroof�concerning said ditch,do hereby find and report,touching the priority and rights of said di is foll(.oy/?a-.+' �j/] t. That the name of said ditch is...r •••• 4kv..''.- s. That said ditch is in water district No.Six. • j .,./�44 2, f� �f�, .� _ , 3. That said ditch is owned and claimed by the K/ F I !j(! a. T !L!-r..�.vr mx..re'f.�°als..r..r 9.aes<f�. .«!�(i+ Pole 5. That the Pmtotfioe.address of said owner Ais.�.,2esc ,q .s O ..Q./. t • 6. That the general course of said ditch iY�'b. '..? .42/I119PCIA•..,29v$C.TTsnri T. G!L 6s. ' y. That the natural tostream of from which said ditch is Invoke Gat ia. Gat./sc�.a>c..o�ra'av1� . .. .^f.d17Y Yvi f.`� 8. That the head-gate of said ditch is located at or on at.-. __.feet,and in depth • feet. 2 ,id�c� and is in wconstructed was.as .....t gaie^p.,(p' �.fr,j,q., miles;that said ditch was extended the miles; ty. That the length of said ditch as originally the length of said ditch as then extended was • day of day of . . . and the length of said ditch "" that said ditch was again extended the as then extended was miles;that the length of said ditch at present:s.......I l..0 0 miles. p,/,C.inches;that said ditch was enlarged on the.......... i to. That the width of said ditch as originally and th constructed idth watch at t inches; that said ditch , ,v day of and the width of said ditch its then enlarged was inches: was again enlarged the................day of •••••"'""'•.•"•'"'and the width of said ditch as then enlarged tias ditch a then an- day of.............. ..........that said ditch was again enlarged theq t10..inches. inches;that the width of said ditch at present is/.4�• larged was /;+:y--ipakas;that said ditch was enlarged on the f, t 1. That the depth of mid ditch as ur'!ginally ennstructe er was the depth of said ditch as then enlarged was • day of..sin day of and the depth of said r,?� inches;that said ditch was again enlarged on the day of ditch as then enlarged was inches; inches;that said ditch was again enlarged at that said ditch was again enlarged on the 4 and the depth of said ditch as then enlarged was and the depth of said ditch as then'enlarged was on the day of inches;that the present depth of said ditch is,.• [4.D...attkas. ''k ta. That the grade of said ditch as originally constructed was...Pt.C.Gi.•inch....to the ..a d under the several en- largements to . and now is..lr/'u••• largemenu and hate was was the..., day of, . Ae•t�... Y % 13. That the date of appropriation of water by said ditch,as originally y constructed, .f� • � 71Cand by such original construction said ditch appropriated...g.5'.7s cubic Las cola et of led se sewn he time;and the date as tis . first enlarged was the day of . day of day of as enlarged thirdly,the ry day of present as enlarged the the li 14. That the present capacity of said ditch 15 33.7.3'•cubic feet of water per second of time. i .��A • 15//That the t umber of acres of land lying under, dhein or ar op sed lLt�/��°d�y`��r from h,�•R.0 e� yr% acres ,6. That ' a 4erilein to II Alf. :It i t6. TI the number of saOditch,aecordint to y of appropriation �a water made by the original Co inaction thereof, rs .. < / /� r,.. ,? Pe' - JAS. M. NORTH, Referee. et. STATE OF COLORADO, 'its of Boulder. .,-;a.. 1, FRANK V. KIRK,Clerk of the District Court of the Eighth Judicial District of the State of Colorado, in and for the County of ',^y , Boulder,(said County having been formerly in the First Judicial District,)do hereby certify the foregoing to be a full,correct and complete Y copy of certain findings of Referee of said Court,made and entered t:record in said Court In the�m ferr of a of certain Stateition for the Ad. Colorado,as judication of the Priorities of Right to the Use of Water for Irrigation in Water District Number. • the said findings now remain on file and of record in my office, IN TESTIMONY WII ER I:O7, I have hereunto signed my name as such Clerk,and have affixed hereto the seal of said District Coon, at my office at h Cii of • Boulder,in the County of ��/ ,and State of Colorado,this ,JrG day of the month of........... .r / ..... in the year of our Lord, one t �•J• • thousand nine hundred. � .. - a ...... ....�..... CI istntl Court EXHIBIT A • k . • x d Pb `s a M e. g• ma ° Ptrl a. m z m �r% '.��\�1.a o :. a ° Y $. 3 * '� CI "1 o v a q O xl ry I. r It ^ -, N N, n . y \ o \ L S w C `\ y N .fl �� .. C:=2 gowe Fa o�• ° 1 ,. STATE OF COLORADO, �, IN THE DLnTIIIOT COURT,County of Boulder. In the Matter of the Priority of Water Rights in District Number Six. • The a ti.S.,.::: � C,-'(/ `Ctirl Ditch. By Original Construction No ./7 . " first Enlargement No " Second •' - No " Third " No " Fourth " No I, JAMES M. NORTH; by virtue of the order of said Court Referee in the matter and cause above stated, having from the testimony germ:in said cause, or in any manner appertaining thereto or affecting the same, made separate findings of all the facts connected with the priority of rights to the use of water for irrigation of said �, fie/ and having reported the said evidence,the abstract Myer,and findings therein to said (our.. Save prepared the fol- lowing draft of a decree in said case; said decree being in accordance with the said findings,and do recommend that • the same be approved by said Court, and entered of record in said cause. In consideration of the premises,and the evidence and findings in said cause,it is hereby determined,adjudged and decreed: �/ 1. That the said Ditch is supplied from_Cam&' t-n-t" �+�- '�'�"` 4 � 9c eaCer c+5/P..-++�-G,a'«.r�re are-- �+a.a�r—t_ .P yi ce 2.Oe7s moo..—rte s'Gs- a as vat stream of said State and Water District Number Six,and•by virtue of the original cons'ruction of said Ditch and the appropriation of Water thereby is, in consecutive order, Number•......../ ; that by virtue of said original construction cud appropriation of Water,said Ditch is hereby adjudged and decreed &af o . . . . cubic feet of Water from said stream for each second of time as of the priority of the / lay of.. • (Signed) JAS. M. NORTH, Referee. • s ID :":1;j:0 - 2•S .r. { 1/2 1 STATE OF COLORADO, 88' IN THE DISTRICT COURT, ' County of Boulder. ! The, `Cl . . Term, 188..2 Z' day r �Tke above matter and cane having been brought on t e heard on this ` ,, 188:l,-of the said Terns of this Court by the order of the Court as provided in 1 �Ma Sr-ture,and the Court having heard all parties interested who have appeared either in person or by counsel,and who have moved exceptions to any matter in the findings or decree of the Referee appnintcd herein does hereby affirm I the said findings and decree,and order said decree to be entered of record in said cane. f Done in open Court this day of r,......••.-c."----- 188.2— By the Court, -c 1 (Signed) CHESTER C. CARPENTER,[BEAL] ,G i 1 Judge. r': -r m i 1 J O z '4 O k‘ i\ G7 O ,� a} ti x .41r1 I 67 to i411; i ; j to c :Sii a U s� Uq; Iill o ~ • . ai \ I =:1 - t '3 •STATE OF COLORADO,}a Co . ":t, unty of Boulder. , j I. EUGENE WILDER, Clerk of the District Court of the Eighth Judicial District of the State of Colorado, in and for the County of Boulder, (said County having been formerly in the First Judicial Distrid,)and,as such vR Clerk,mistodlan in fact of all the records and papers which are of said District Court, do herby certify the foregoing .'ft to be a full, cored and complete copy of a certain Deeretatt Order Or of said Court,made and entered in said Court on f,1 day of the month of......C/-a.s awl ,in the year of our Lord L.—the said being a day of the_.. GG� --- one thousand eight hundred and eighty'.. a. dayjuridical , a Term of said District Court in the year aforesaid—in the matter of a certain Petition for the d4uation --r of the Priorities of Right to the Use of Water for Irrigation in Water District Number Six of the State of Colorado, as the said Deor etat Order now remains on file and of record in my office. ,. .1:. IN TESTIMONY WHEREOF, I have hereunto signed my name as such Clerk,and .'.,_, have affixed hereto the seal of said District Court,at any o Coe at the City of `Y° r Boulder,in the County of Boulder and Mate of Cbdmndo,this. --<....r--<....r1 .. day of the month of.........4+- -/ in the year of our Lord ;-'1;;" � 1 one thousand eight hundred and eighty.seven. d ,; J / I' t e� cl1.a.1. r Clerk District(bort. :I 04 • /� i i 1 , _ r ' O Recorded at 1'7A$1/` r ,..t...it. MAR 2 1 �.� EXHIBIT B J tgqoogqloofc... MARY AN11FEVERSTEIN Recorder U't Nlion No -e....YC_Y..Y...... : ..: IWa11_ . .... -rr.. . __.._........._�.- ¢——_ —7:, f— irms PILING STAMP. , 197E . 1'>att9 DICED. Made this 27th day of March cr.t 1 between MICHAEL S. SHAW, State Documentort POO i or county of Weld and State at and Date MAR 2 9 178 u e•,i Qolors&et lim the first part,and+, whose]ILLIAM mail mOf theailing is:ARD m 7909 Weld $ :_.. r Qn .o County Hoed /95, LCdlwllontco e r- ad the Connie of Weld and State of w 001011410,et the emend pant 0 a WITNESSETH, that the said pasty of the first pint,for and in oosedderettoa of the sum of a O AND NO/100 - - ($60,000.00) DOLLARS t" O .. -. — and valuable role co AND of the first part in band paid by the said parties of the O r has granted, bargained, sold and convoyed, o o and other good and vait whereof I, e to the said and seimowledtd, WWWW6al Rena the p ento doesgr t, e confessed cod �,'�e� and by these yreaeuq gent, bergatn, sell, convey and confirm unto the said parties of second part, their [lairs sold amine forever, not in tenancy in common but in Joint tunny. all the following described lot or 12 .. b�M Partial County of and state al of land, situate,lying and being in the of the } of Section 20, lying West of co 00 of Colorado,W wit: Al]. that part of the SE3r-t at the right of way of the Ckiicago,Burlington & Quincy Railroad Company, except t 9, South 1.64.63' thereof; and all that part of the SW * of the SW * of Section 21 �- of the right of way of the Chlcago,Burling*ton & Quincy Railroad (b of - pany, West 68 West of the 6th P.M. , Weld County, party, all eint er7i,mithp 2 North, Range one-half rantors interest(as of Dec. 20, 1977).Sitandhto all llh anoil,undivided ineralsfinn, on or under the premises.* To- gether in and toall water gas and rtainins nether with rights appertaining thereto, including but not Ditch to 118 share of the Tom Delehant Ditch and 1/8 a share of Carr and Ty illand reserving to the grantor an undivided 1/2 of the Grantors interest in and to s, gnd m et•al i ll on d aeard `pqa rrWacurtaes�6rsunte belonging, or in anywise per, 8� thehell io slnd reversions, ev o s, r roam rs sad remainders, its, Issued and profits thereof; and app are aestat and g the reversion and claim end demand, *leiwhatsoever of the said party of the first part, either in law or all q the estate,in.right, title, interest, andsaes, with the hereditament. and appnrtenanca. equity,of, to and AND the above the said a per promises and described,with the appurtenances, unto the above 6srgsit�i �the prat part, for himself, his TO SAYE TO n BOLD, their heirs � sips former. And the said inn eeid Parties o the second past, covenant, gnat, bargain and agree to end with the said Parties of the mooedin, eramher and administrators,assigns,ss►tnss, does of these presents,he le well seised sore, preset, absolute and indefesatble )slate of btberkenes, in taw, in aeocad part, their belr's and that at the time of the tmsesiing end delivery �add convey the same In manner of the pie,soul above conveyed, is po and lawful authority to grant,fee fans ,and good that full power clear from ail former and other grants, bargains, sales, liens, and sore aforesaid. and the coma are free and taxes,sddesaments and encumbrances of whatever kind or nature saner,; subject to reservations, restrictions, �,in restrictions, easements, and rights of way as the seine may arty if any; any lien arising by reason of the the inDiclusion;ofith the fpremisestwwithin ioh, Special proration, iDistricts or any ees a&stmie and agree to pay; also, any taxes fo by reason of proration, the payable to The Federal Land Bank of Wich a subdent • t TO a Mortgage in Book 836 as Reception led F r��, rt 26 r d ii i a�t the said 6 of the second part, the anduars : rf such var,against all and every pin or persons survivolawfully of man, their la►mns and �e b° thereof,the said ply of the first part shall and will WARRANT AND NU7 claiming DEPEND.to chair. the whole r any part e ride the plural,the plural the singular,and the use of say gOgyVER The singular number shall tdel gender shell be applicable to all gars to set his b and seal tits day and yen IN WITNESS WHEREOF the said patty of the first part bss)ss first above written. ...MEAL) MICHAEL Signed,Sealed and Delivered in the Presents of S. SHAW (SEAL] ............................. STATE OF COLORADO halt,,..,;u„,.,,."'a ., County of wield 27th:'t4�Wy. 0... ' h , 1079 The laeetolfl b stenmeni sew aeknwwledtAd before me tats ,. , a , t+,Tc itflelel seal.biltldity ° by Michael S. Shaw , 19R1 ell** . n r -a nenlarae October 12 ri ............ ... Wa ware Palls ••,+,# 'a, +,„m olio, lio —_— ___ _=fC�.�'—Wren Co;ovedo --F76 1No.ItlA• WARRANTY Dagn:Te teiat Teas'SL-Bradford rulitSKUd roe,teed'id Stout Strict, 5d5_"Ies •Caa6 EXHIBIT C AFFIDAVIT RE: IDAHO CREEK RESOURCE - SUBSTITUTE SUPPLY PLAN I, GL-);l ((ceck E WJ61el/ , owner of the Idaho Creek Resource property verify that all the land on my property which has been historically irrigated by the Carr and Tyler Ditch will be removed from irrigation. The only exception will be the irrigation of trees and shrubs located along the perimeter of the gravel pit. Water from the ditch will not be used for any other use and will be left in the ditch and returned to the river. The Carr and Tyler Ditch has been used to irrigate pasture grass on our property. The ditch has been used to irrigate the property which lies on the west side of Idaho Creek. A different water right has been used to irrigate the property on the east side of Idaho Creek. This agreement will end when the substitute supply plan is terminated or expires. �c / DATED: "(l - ye_ CJ4 C e.< 4 ` . Al4 ≤,k The fcregcl ng instrument was acknowledged before me this I► day of JA v)).x_. c 199; by \.,ti A SLA_CL-vv . E 1\ OOO60.l . Witness my hand and official seal. Notary ublic My commission expires: 07 (Del - 9 L/ �NJYC 1' 2 N 6B Y 5 I 1!691 w ,i /6v ---_ 10.00 2 1e — 1 62Z 11938 P BEST R-�T D�N MDn C-Hb;'p/ ] N.4E 13 2 N68 Y 5 I 1'691 50.00 72 8 �5:r-{—'T bE NT7E77V p ketaa 30/69V D 8.00 552 275 SANE 11 2 N 68 W 5 T0.871 T rig N HP 4I 4/6O_TotictrrTT DS 1.00 15.00 60 12 1605N 350E S EXHIBIT D r2 -57 5 DS 7/15/72 12 1800N 400E 5 5.00 60 R 5 A 8/12/72 KLE 8.00 300 20 1320N 200E 5 5 A 4/ 4/]8 •25 NENE 14 2 N 68 Y S T3rrErl WA NO 4/12/]8 VA 5/ GY NP 4/22/72 5/ 8/7G 5 DS NENE 14 2 N 68 Y 5 1/7B 5 D NENE 1{ 2 N 21Y 5 -PUS--T-6T1 1/ 7/72 15.00 70 12 5 D 15.00 100 8 360N 704 NENE 1< �7 5 N 7/20/22 K KL 13.00 66 2G SON S 300E NENE 1< 2 N be v S 5 D 3/29/73 WILSON GEORGE Pi 5 N 14 N 68 V 5 51 �' "r D VRIES LON N , 5 H NYM{ 14 2 N 68 V 5 NP 4/26/7] 1 5 LONGFION 1 12/65 2.0 G gVti ll N 68 V S ev[+v ' i` 10 WILSON GEORGE RL BOX LONGMONT, CO 1 1 0 T 14 N 68 V 5 1073sJ ' �` / / 9 __-1.19-12-----2-7---- - �2 L 37439 1 62 GLANTS MARVIN R F D 4 BOX LON6MONT, CO1 1 62 MILLER GRANT' ' WICWSTRAND LONG191, CO 1- -s7T S 635 1 11/ / 7 SUJ6 "` S. 40 49 1 62 DAGGETT RONALD[H RT 4 80X 1 6J4/LONGMONT. CO V 5 4 4 5 40813 1 62 DAGG4IT RONALD H RT 4 BO% 46J 4/LONGMONT, CO F 1S 2 N 68 V 5 SD's/p ' "` 80 s 10 1 62 BOWMAN JAMES 0 ' CLEOLONGMONT, E BOX 2 RT7/]<LONGMONL, CO SESE 1 _2-1-69 V 5 -60457-1-37 . —rz-s p tOs 8 Y s 6DVXT " 5 18 62 RINN CHURCH LORGMONi, CO 07011 1 CD 0 y 1 1 AD 1 62 WESTERN PAVING CNSTR DENVER. GRAVEL PIT 16 2 N 68 Y 5 s A / / 1 DEN'V , 5 E WESTERN MOBILE INC C/O P 0 BOX GA NP ]/1 /9 8 5 _ _ [ REPORT DATE PAGE 55{1 �1 APPLICATION AND PERMITS LOCATION LISTING PERMIT 0 ACT I' 1{ REPORT DATE 5/31/91 COLORADO DIVISION OF WATER RESOURCES CD l TOWN P PERMIT ACTIVITY STATUSINFOR, TION 1ST USED ANNWL AC0.ET GEOL WELL WELL WATER SEC LOCAT'N p CD DATE CD DATE VD MD DB USE DATE APROP IRR ADFR YIELD DEPTH LEVEL COORDINATES CTRS SC SNIP RANGE M M 76785—TTS DENVER, CO 80221 GRAVEL PIT NLRB N N /6 2 N 68 Y 8507 38399f 1 ;/1GR000MAJ AY9/[4090 ObBO% 0 SENE 16 N Y 78509 5.00 24 4 2569 1 6 ECKSTINE JACK INN, CO D 12/1 / 1J 2 N V \G S1 1 62 FRONTIER/OLSEN P T P O Boo 10 BOULDER, CO 80308 GRAVEL PIL SVNE 1] 2 N 68 Y S �t-6 AP ]/ 6/90 y 10/ 4/9 1 GV AP 1 W25_ 145838 2 THOMAS JESSE L. S OULD R.DS CO NP 1 /15/85 NESE 17 2 N 68 V SR OLSON VIN 0 GY V S 32 F NP S/ 5/81 2 0501 31 18005 2500E NYSE 17 2N 68 Y 5 D GM 15.00 31 Y 5 NP 9/ ]/89 AR 9/ ]/89 SSVSE 17 2 N 68 Y 5 '332E1�T3 5 5/12/59 10.00 213 30 y y � NYSE 18 2 N 6B Y 5 -Siam W 5 5 0 9,14/'!1 ].00 285 25 3375 1690E SYSE 19 2 N 68 Y 5 V 5 •' 76 N 9/1]/74 23005 200V NYSV 19 2 N 68 V 5 -Urn GP Y S AP 2/14/91 AR 3/ta/1'l 5 20 2 N bs Y 5 GM Y 5 NP ]/13/90 2 Tharri 5'TO-S01!"T7f 4V S AP 7/16/90 AV 10/ 3/90 2. 0 NENE 20 2 N 68 V $ 5'AEEb5—T' L RV(N Ho O GV N Y S_ Jiova� NP V S NP 3/ 581 2 N N W 55 5 F 6 WILLIAMSERV IN LONGMONR DU>vL 1 0 GY 1320y NESF 20 2 NAY F. Y 5 S <69f NP / YRLI LESLIE gOGEPS R1 /LON6MOONT. CO Oy 4 377 6 NP 4/ / 9 11/ /9 S DEXTER ST D IPA . 0 2 1 ger A-5- OB /KENNEDY CARL NANSEL / i '�T �� 3 153F 1 62 STROMOUIST FARMS 1218 OXFORD RD LONGMONT. CO V � / Sd4U21 IN 6BYS Thu 152F 1 62 STROMOUIST FARMS 1 129 OXFORD RD LONGMONT. 0 y L.1L5- N 0 Y Y 5 215<F1 62 5TROMOUIST ;GEMS 1 1 9 0%f ORD RD. LONGNONf, 1 V 5 67-42-1- 2 HALEY MAXINE J LONGMONT. CO 7 1 / Y3. 75772T-1- 5_9_5. 5 V s 62 DALPRA GILBERT LONGMONT / s122-2-1-14-9_1 �8____M-i- 5t '-'( - DALPRA GILBERT LON4MONT, CO NVNL2�N�8_�6 o LYs �f 2 BEP4ER JACK Ri 1 FORT LUPiON. CO 5/ 0 VAV 24 2 N ds Y $ NELSON LAWRENCE LONGMONT. [09/26/60 B 00 286 V � d 4__ yy C _� F-13 REPORT DATE[ PAGE 5542 Al llY._y14A,+ 1•I-p-C APPLICATION AND PERMITS LOCATION RESOURCES LISTING PERMIT AC 0 REPORT DATE 3/41/91 COLORADO DIVISION OF PATER RESOURCES PERMIT 0 CO OWNER INFORMATION 15T USED ANNUAL ACRES GEOL WELL WELL WATER SEC LOCAT'N T P ACTIVITY 5T ADA5 '/`T I CD p CD DATE CD DALE VD MD DB USE DATE APROP IPP ADFR YIELD DEPTH LEVEL COORDINATES OTRS SC SHIP RANGE IANGE M -- ORNING PL NO0.TH4LENN. CO 1 4 30 SYSW 2{ 2 i_61)_Y $ 559]1 FISCN 0. DAR LL D / /7 1 < !0 2735 150Y TV V 24 2 N�8-Y�_ \ { GF __ 6D�3- 65291 P1 62 WILCO% MELVIN/H. 5JEANNETiDE E RI <, BOX 6[ LONGMONT. CO 1GON 800E NENE 25 2 N 68 V 5_ 1b4g 2 �5e' 1511'93 1 SMITH DOUGLAS W R LONGMONT. CO 0 01 W �� -68-Y�- I NP ]/11/ 5 0 Y O 14CY BOOE NENE 25 2 N 68.Y S AP 68 V_SI 15199 A SMITH DO'J LAS 5546 4 C'19 G11--- NE Nf 21 ] L'_A6 v 3 0225' ___T N- _- �rN zs z n ,n , ,,--- NP B/ 5/6D 4T-{-gOyBT:—C�. 2Q.Op SP ! S 5 -D 2/2516v _ N 60V NVNV 25 2 N 69 Y S T.NP i JS 10/ 4/68 ,F NVNy 25 2 N 68 Y 5 DTI . V L 5 L` D 8/ 2/71 3.00 35 S 1 Y S LL 7,00 273 90 ] N J Y NVNY 2 N ENV 5 � INGRAN STEPHEN A. ULB RY Y S 5 X 5/10/]6 [g,• 25 2 x 61 V S E 1 V TN ARVADA, CO 7 G 9 7 Y S < CLINE ALVA /1 / 25 2 N 68_ILI �0297M 1 i 425 DO .WS 6410 1 6 CURil3 CECIL D RI 4 LONGHONi. C04 40 16201114.1 1 6 NULL WALTER W 4 OS KLINE ST LAKEWOOD. CO t p 450 O l✓S 3 JO As 25 2 N 68_143. .5. 967317—NY RUSSELL T LONGMONt, CO 1 .143 "TrOrAD .y_I 8932AD 1 62 BFAIRFIELD SPORT COMPLEX LONGMONT, CO t p 68 Y 5 1</el ar A 25 00 410 140 —�L- .y 5_ 504 1 62 PARSONS DAVID E R1 4 80x 83 A17/1LONGMONT, CO Y —{882FAD Ap1 < ->rw�t' SI 5042 1 62 GELLNER IR/IN LAFAYETTE, CO 80026 D 6 1 62 GELLNER IRVIN LAFAYETTE, CO11 00 6 1 --6-0-5-IS. - r -Y-I .�5_ BOROUGH KEN 321 PARK IT LUPTON, CO72 L V 2 N _6 5 DRINWl4N MARSION R 0 PINE WY R -B 74,8 G 100 !LIZ! 5 3/]2 a VS '� __ Cv 1 J, REPORT DATE PAGE 5543 qq APPLICATION AND PERMITS LOCATION LISTING PERMIT A� —K` pEPOp1 DATE 3/31/91 COLORADO DIVISION Of WATER RESOURCES CD PERMIT ACT IDD TYNER INFORMATION 1ST USED ANNUAL ACRES GEOLAOFR WELL WELL WATER SEC LOUT ES OYN P P CD DATE CD DATE VD MD DB USE DATE APROP IRK AOFR YIELD DEPTH LEVEL COORDINATES BINS SC SHIP RANGE N 37456F WGE M ]962 xP NEW N 68 WS — 6 JOHNSON CARL 5 O N MOHi1 SYSE 26 2 N 68 V 5 �2f 0 3/ 2/61 10.00 403 GS 68 V 5 9168AD AD HIGH COUNTRY UPF 5 I ,t 0 HP M Y � -138-52 1 MILLER CARL LONW)T• CO 1 1 400 68 Y 5 1544 5 0 ]/1 / 4.3-------4W11--051-3.68 Y S ' 7251 1 NOWCIMIS LONGMONT, CO 1501/ 70 755 950E 5 5 2 M Y 1 6B I S 65865 1 62 NARMIMDT JOEL R RT 1 BOK 135 ]ERIE, CO 80516 Sy5y 28 2 M 6805 % Tr 55.00 200 N 68 Y 5 266y 1 62 GRIGSBY RWEPT J ST 1 BOX D 51 3/ EP67 CO 805:d SECS 29 2 N 68 Y 5 1115153 A Rip LONGMONT. 0 20.00 50 12 K 68 14 5 - jr306 1 VENYMD WARREN BO6 D </11/67 SVNY 29 2 11 68 14 5 10610 R L K Av LON • 1350.00 _IC I____5--. ." 292 .168‘15 E) 68W5 1 9 NELSON 1LTM N 6 I V _____----51511----412 .18805 564]4 68 14 5 1 AD 2/ 7/93 H 0 - NDSV 29 2 11 68 14 5 21743 GP 8854 68 D 53771 Fyp 6 0 SESY 29 2 11 68 V $ NP 900.00 25 . u S 6 1 S/ 5/65 _ NESY S 58621 WS 68 Y ' NP ]/ 5/]7 6 D NESY 30 2 N 6B V S 38853 68 V 5 AD 6 S NESY 30 2 11 B V S 1T8853 NN 68 V5 DROP R N 6 • ,N NP </ 5/85 1.00 70.00 74 5 5 tll N Y S 2 11 69 V SR IN Ri BOK - A L /! 5126TH NEE115153 62 1-UEN5 kErNETx ERIE, COD E 6E Y S 76656 1 62 NEUENS KEPIETH RT. 1 Bx 2,9 ERIE, CO 80516 _ > 4B 5 11865f 6B Y 5 34058 A 1 62 5 FAIRWAY LANE LONWIONT, CO 80501 �8 0 AB Y 5 242 10 00 50 15>IIAY ...1d3_1L3 5 54Ct7 1 62 BUDGES OVEN 7]33 N I35i LONGMONT. CO 80501 = �_Y� 34058 1 62 BROVN LESTER R) 2 BOx 314A LONGNONT, CO 80:01 31 2 N M Y 5 A Y 5 1 62 SAPALLI NPIKE COMST U 5 MW 87 8 MIDWAY BLVDD BROOMFIELD. CO 80020 GRAVEL PIS--- ] T, CO 80501 68 Y S S{5--R 1 62 JOHNSON N H LONC.ICN S } MP 7/ / Y D� Y 5 Ly iRiven! D PAGE 5564 APPLICATION AND PERMITS LOCATION LISTING PERMIT l 0.EPOpi DALE 5/31 Jv1 COLORADO DIVISION Of WATER RESOURCES PERMIT V CO TY ISTODATEION 1ST USED ANNUAL ACRES GEOL WELL WELL WATER SEC LOCATES TOM P ACTIVITY SfADAT �/n P CD DATE CD DATE VD MD DB USE DATE APROP IRK AMR YIELD DEPTH LEVEL COORDINATES ETAS SC SHIP F x RANGE M I ..LO n 135205 JOHNSON NORMAN N R K LOMGMONT, CO 80501 I ,00 57 15 180N 220W N_ --31_22,_6114 Yom. 137058 61514 6 x B/2 /7 5145E 3 M Qs Y S I 120660 wIL4/8 Y NP 5/14/81 AC 6/12/81, 6 N V L 8155 57014 SY 31 2 11 6B Y S — 8� 10/18/90 GIP N ds V 5 1/!9/, AD 3/16/88 SA 3/11/91 6 0 NEW 31 2N 6B Y S. 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Ry�' ! N 61 ; _R .R2 , -Z iglu �d- N 0Ro 8211 ar4 221 - _ PYN^ �I ge a9 'e N,n,O aO m43,e din en,o gee.O god d4 duo.o,oN ve-0dd 34oO d.00 vnbNNhln.ONN`Od d.O 4e 4o.0 god • [ EC1 COLORADO DIVISION OF WATER RESOURCE SAPR 2 5 1969OR 818 Centennial Bldg., 1313 Sherman St. . RINT IN BLACK INK. COPY OF ACCEPTED Denver, Colorado 80203 STAZEMENT MAILED ON REQUEST. STATE OF COLORADO COUNTY OF Weld SS 54-2,5-29 1.:7r4'' f I RECEIVED 0331107 00.0n I nr d 8 1989 x STATEMENT OF BENEFICIAL USE OF GROUND WATER h,f - AMENDMENT OF EXISTING RECORD 4'NG 0.1,1 illila SOW LATE REGISTRATION TTY 1 allitate) CL-i ?Aif22 IIIIIII. PERMIT NUMBER 032154-F LOCATION OF WELL THE AFFIANT(S) Stromquist Farms County Weld whose mailing NE 4 of SE 4 Section 20 and address is 12189 Oxford Road NW 'A of the SW u, Section 21 - I City Longmont CO 80501 Twp. 2 _I _ . Rn,. 68 W . 6tb P I IIIPI IN OR SI IE OR WI being duly sworn upon oath, deposes and says that he (they) is (are) the owner(s) of the well described hereon; the well • located as described above, at distonces of n/a feet from the section line and n/a feet from tl rRORTR o• ,our.l section line; water from this well was first applied to a beneficial use for the purpose(s) described herein on the lr- IIs Y OR WI,.1 doy of July , 19_88—; the maximum sustained pumping rote of the well is n/a gallons per minute, the pumpii rate claimed hereby is _ n/a gallons per minute; the total depth of the well is 20 feet; the overage onnual amou toolof water to be diverted is 80 acre-feet; for which claim is hereby made for recreation purpose(s); the legal description of the land on which the water from this well is used • used for recreation only, not applied to the land ofwhi l O acres are irrigated and which is illustrated on the map on the reverse side of this form; that this well was completed compliance with the permit approved therefor; this statement of beneficial use of ground water is filed in compliance with law; (they) has (have) read the statements made hereon; knows the content thereof; and that the same ore true of his (their)oknowled STR UIST FA (COMPLETE REVERSE SIDE OF THIS FORM) sr- it , 1 r - qs, —yam _ '�I 'C� 7 Signatures) BY: n //74„,,..." sworn „Ili—to before me on this ` day ofP1/4-10-4.4•—/ , 19 Q2 Court Case No. My Commission expires: la—al— 4a. r Prior. Mo. Day Yr u,.0 i -1 voTRrr. 9 IC Div. Cry. ACCEPTED FOR FILING BY T STATE INEER OF COLORADO PURSUANT TO THE FOLLOWING CONDITIONS: Sec. A. A. Well use . Dist. _ Basin Man. Dis. _ S71-0?.2s DATE STATE ENGINEER BY INRJ-2 -75 COLORADO DIVISION OF WATER RESOURCES TYPE OR 818 Centennial Bldg., 1313 Sherman St. :SsyEi ,+,�, PRINT IN BLACK INK. EI�.Brawi,li COPY OF ACCEPTED Denver, Colorado 80203 • ! STATEMENT MAILED ON REQUEST. STATE OF COLORADO I AFFIDAVIT 55. > COUNTY OF Weld )} X STATEMENT OF BENEFICIAL USE OF GROUND WATER AMENDMENT OF EXISTING RECORD wiz tosums. owagoem LATE REGISTRATION IS 032154-F PERMIT NUMBER LOCATION OF WELL THE AFFIANT(S) Stromquist Farms county Weld NE h of SE 1 Section 20 and whose moiling 12189 Oxford Road NW n of the SW %, Section 21 address is Lon Longmont CO 80501 T,,.p. 2 _ N , Rny. 68 W 6th P M City IN OP SI IE OR WI If...[) IZIPI being duly sworn upon oath, deposes and says that he (they) is (are) the owner(s) of the well described hereon, the well is located as described above, at distances of n/a feet from the IRaRtw ,a,,.,,1 section line and n/a feet from the section line; water from this well was first applied to a beneficial use for the purpose(s) described herein on the 15th t(AST on nit.) da of July , 19 88 ; the maximum sustained pumping rate of the well is n/a gallons per minute, the pumping Y per minute; the total depth of the well is 20 feet; the average annual amount rate claimed hereby is _ n/a gallons 4 of water to be diverted is 80 acre-feet; for which claim is hereby made for recreation purpose(s); the legal description of the land on which the water from this well is used is used for recreation only, not applied to the land of which 0 acres are irrigated and which is illustrated on the map on the reverse side of this form; that this well was completed in compliance with the permit approved therefor; this statement of beneficial use of ground water is filed in compliance with law; he (they) has (have) read the statements made hereon; knows the content thereof; and that the same are true of his (their) knowledge. STROP UIST FARMS (COMPLETE REVERSE SIDE OF THIS FORM) 21 FOR OFFICE USE ONLY Subscribed and sworn kit). r . ..I c i•—• 19 to before me on this day of Court Cost No. . I. My Commission expires: I.)-,)I— %plrt5: )-,)I— Ga. prior Mo. Day _ Yr 7-2,r\ v JJFX L= V 1� ' - I r:nLus Di.. Oy. ACCEFITED FOR FILING BY TH STATE ENGINEER OF COLORADO set y y A PURSUANT TO THE FOLLOWING CONDITIONS: , Well Use Dist. _ Bosin Man. Dn. O.;11 F�yyn +�: 1r,d4't:D DATE STATE ENGINEER BY \ • Well drilled by n/a Lic. No. Permanent Pump installed by Lic. No. Meter Serial No. ❑ Flow Meter Date Installed Owner of land on which water is being used THE LOCATION OF THE WELL MUST BE SHOWN AND FOR LARGE CAPACITY IRRIGATION WELLS THE AREA ON WHICH THE WATER IS USED MUST BE SHADED OR CROSSHATCHED ON THE DIAGRAM BELOW. This diagram represents nine (9) sections. Use the CENTER SQUARE (one section) to indicate the location of the well, if possible. I I I I I I — + — + — + — + — + — + — I I I I I + — + — + — + T + — + — I I NORTH SECTION LIt4E ZO 2( NORTH SY N 111Th m n 0' Z r- + - + m r' W j I SOUTH SEC1 ION LR4E — + — + — + — + — + — + — I I I I I I THE SCALE OF THE DIAGRAM IS TWO INCHES EQUALS ONE-MIL E — + — + — + + — + + i I --11 M i l e l—; I WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers-1 acre of land 1 foot deep. 1 cubic foot per second (cfs) . . . 449 gallons per minute (gpm). 1 acre-foot . . . 43,560 cubic feet . . . 325,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. 100 gpm pumped continuously for one year produces 160 acre-feet. (WHITE AND PINK COPY TO BE FILED WITH THE STATE ENGINEER PINK COPY WILL BE RETURNED TO OWNER) 2.2,01,2,7,rL �aa ecu STATEMENT AND PETITION =t: ettvrtr it'sn On August 12 , 1987 , the Colorado State Engineer issued Permit Number 032154-F I failed to submit evidence of beneficial use showing the groundwater from the well was put to beneficial use prior to the expiration date of the well permit due to the following reasons: It was an oversight; I did not realize that the statement of beneficial use had to be submitted prior to August 12, 1988. I hereby petition the State Engineer to find that the above reasons constitute excusable neglect, inadvertence, or mistake, and accept the evidence attached hereto in accordance with applicable Colorado statutes. Further, I say that I have read the statements made herein and that the same are true of my own knowledge. STROMQUIST FARMS BY:,7 4,�,R., ..r.e.., Date 3- ;7- 1/ 22O 2 JR-26-77 . , _I , ., i.S, k- }_ COLORADO DIVISION OF WATER RESOURCES THIS FORM MUST BE SUBMITTED 1313 Sherman Street - Room 818 WITHIN 60 DAYS OF COMPLETION -Denver, Colorado 80203 OF THE WORK DESCRIBED HERE- ON.TYPE OR PRINT IN BLACK WELL COMPLETION AND PUMP INSTALLATION REPORT INK. PERMIT NUMBER 032154-F NE 4 of SE a Section 20 and WELL OWNER Stromquist Farms NW 'A of the SW 'k of Sec. 21 ADDRESS 12189 Oxford Road T. 2 _N , R. 68 W , 6th P.M. DATE COMPLETED July 15 . 19 88 HOLE DIAMETER • n/a in from to ft. WELL LOG Water in. from to ft. From To Type and Color of Material Loc. in. from to ft. DRILLING METHOD Sand and gravel excavation 0 15 Well is a result of gravel mining operation. As a result CASING RECORD: Plain Casing of gravel excavation, a pond Size n/a & kind from to ft. has been created., Size & kind from to ft. Size & kind from to ft. Perforated Casing Size n/a& kind from to ft. Size & kind from to ft. Size & kind from to ft. - GROUTING RECORD Material n/a Intervals Placement Method GRAVEL PACK: Size Interval TEST DATA Date Tested n/a 19 — Static Water Level Prior to Test ft. Type of Test Pump Length of Test Sustained Yield (Metered) TOTAL DEPTH 15 feet Use additional pages necessary to complete log. Final Pumping Water Level 2%012s PUMP INSTALLATION REf RT rr s' Pump Make n/a C^ • Type � .:::.: :; ,� Powered by HP -le Pump Serial No. 3 J WATER i W W TABLE Motor Serial No. ., W u_w a� Date Installed w (4 ;, Q Pump Intake Depth — — — Remarks —_ Z - .-z Z i ri = ', • WELL TEST DATA WITH PERMANENT PUMP W 0 I `.'t 0 F : Date Tested n/a a H - '' CONE OF ,. DEPRESSION 0 • Static Water Level Prior to Test 1- c ,- Length of Test Hours - Sustained yield (Metered) GPM e Pumping Water Level ' t1 Remarks ♦ - . i,•, Cl CONTRACTORS STATEMENT The undersigned, being duly sworn upon oath, deposes and says that he is the contractor of the well or pump installation described hereon; that he has read the statement made hereon; knows the content thereof, and thaulie same is true of his own knowledge.leASignature Dom{, // �i `�Gf�l.� � � r9�Fs License No. State of Colorado, County of �(/LO ok /" SS Subscribed and sworn to-before me this atA day of OTC,\ , 19 5S`l. My Commission expires: 1-ate , 19 $-L . N E O12�y- Notary Public `%-)a �' -- FORM TO BE MADE OUT IN QUADRUPLICATE: WHITE FORM must-be en o:iainal copy on both sides and signed. I WHITE AND GREEN copies must be filed with the State Engineer.PINK COPY is for the Owner and YELLOW COPY is for the Driller. WRJ-5.Rev. 76 • COLORADO DIVISION OF WATER RES IISiVED • 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado FEB 18 80 19 RECEIVED PERMIT APPLICATION FORM WATT 83 Application must RtsOUR� FE Q 3 19E33 -be complete where RECEIVED (x)•;A PERMIT TO USE GROUND WATEfgsFHGthEat applicable. Type or ( 1 A PERMIT TO CONSTRUCT A WELL 9#4 WATER RESOUItCi print in BLACK ,F,OR: ( I A PERMIT TO INSTALL A PUMP PATE•ENGINEER ' INK.No overstrikes JUN 49 )n"- or erasures unless ( I REPLACEMENT FOR NO. initialed. WATER FESO_:,:.a ( I OTHER STATE-Et: .'" WATER COURT CASE NO. 66 F),- 2 r </ (1) APPLICANT . mailing address FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN NAME_ Stromquist Farms Receipt No. 3? /!67) 0.---- / 08421 STREET 12189 Oxford Road Basin Dist. CITY Longmont CO 80501 CONDITIONS OF APPROVAL (State) (Zip) TELEPHONE NO. 303 776 5832 This well shall be used in such a way as to cause no material injury to existing water rights. The (2) LOCATION OF PROPOSED WELL issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water County 1 Weld right from seeking relief in a civil court action. Nth of sth of section 20 and NW % of the SW Section 1) APPROVED PURSUANT TO C.R.S. 37-90-137(2) FOR Twp. 2 N . Rng. 68 W 6th p.m. T DIVERSION OF GROUND WATER TRIBUTARY TO •,rr,s ,Eyb ' BOULDER CREEK AND THE SOUTH PLATTE RIVER SYSTEM. GROUND WATER SHALL BE.DIVERTED ONLY (3) WATER USE AND WELL DATA PURSUANT TO THE WATER EXCHANGE CONTRACT BETWEEN THE OWNER AND THE WATER USERS ASSOCIATION OF DISTRICT NO. 6 OR A COURT APPROVED PLAN FOR Proposed maximum pumping rate (9Pm) no pumping AUGMENTATION. ALL DIVERSIONS MUST COMPLY WITH THE AMENDED RULES AND REGULATIONS OF THE STATE ENGINEER FOR THE SOUTH PLATTE RIVER AND ITS Average annual amount of ground water 81.8 ac.ft./yr. TRIBUTARIES. to be appropriated (acre-feet): 2) THE AVERAGE ANNUAL AMOUNT OF GROUND WATER TO BE APPROPRIATED FROM THIS GRAVEL POND AND POND Number of acres to be irrigated: none NOS. jabs-1.. , .L/ & Alin- SHALL NOT EXCEED 240 ACRE:--FEET-WITH-THE TOTAL EXPOSED WATER Proposed total depth (feed: 15' average SURFACE AREA LIMITED TO 120 ACRES. 3) DURING GRAVEL MINING OPERATIONS THE GROUND Aquifer ground water is to be obtained from: groundwater SIATER COMPLETIONLOFOT THEEGRAVELICIALLY USED.MINING OPERATIONS THE & drainage tributary to Boulder Creek UPUURPOSES.OF NO OTHER USE WATER IS LOFITED TO WATER ISEALL RECREATION OWED 112 UNLESS A PERMIT THEREFOR IS APPROVED. ym gI)lig 0 Owner's well designation . . GROUND WATER TO BE USED FOR: ( I HOUSEHOLD USE ONLY - no irrigation (D I ) DOMESTIC (11 ( I INDUSTRIAL 151 ( 1 LIVESTOCK (21 ( ) IRRIGATION (61 ( 1 COMMERCIAL (41 ( ) MUNICIPAL (8) (x) OTHER (91 recreation APPLICATION APPROVED DETAIL THE USE ON BACK IN (111 032154 F PERMIT NUMBER (4) DRILLER DATE ISSUED AVG 121987 N/A AUG 12198 Name EXPIRATION DATE Street a . ifras City E EN E TE ENG (State) (zip) �'` V B Telephone No. Lic. No. /� I.D. ^ 06" _ COUNT : emi c. . .1.. . , (5) THE LOCATION OF THE PROPOSED WELL and the area on (6) THE WELL MUST BE LOCATED BELOkJ� which the water will be used must be indicated on the diagram below. by distances from section lines. . s: Use the CENTER SECTION (1 section, 640 acres) for the well location . N/A ft. from sec. line " 11 i- -4_ _- _ _ I (north or south) • I I ft. from sec. line .4.--1 MILE,5290 FEET —1 I — (east or west) ••. -#- rt- + + + 1- + LOT BLOCK FILING I I SUBDIVISION NORTH SECTION LINE _ - - -IL I I I ��` of (7) TRACT ON WHICH WELL WILL BE I I LOCATED Owner Stromquist Farms �NORTM t_ w _ :.h. _ - m -1,-Ur + 271 in permit . Will this be T Z — m No. of acres o I re the only well on this tract? no O I 1 _ — _ { I o (8) PROPOSED CASING PROGRAM I --O I PlaiiI-. . .. . ........ . ... . ...... ... 3 �- N/Ai fft. in.from ft.to ft. i JO 0i __ Perforated casing — + SOUTH SECION LINE in. from_ ft. to ft. I -�-- + �_ • -i- -r- -I- -i_ 4- . _ in. from -ft. to It. 1 I I 1I (9) FOR REPLACEMENT WELLS giyedistance and direction from old well and plans for plugging -I- — _Jr — + — -t- — — 4- -- +- - - it: N/A The scale of the diagram is 2 inches= 1 mile Each small square represents 40 acres. WATER EQUIVALENTS TABLE (Rounded Figures) --_- — An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second(cis) . . .449 gallons per minute{9pm} A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot . . .43,560 cubic feet . . .325,900 gallons. 1O00 gpm pumped continuously for one day produces 4 42 acre-feet. (10) LAND ON WHICH GROUND WATER WILL BE USED: 40.9 Owner(s): Stromquist Farms No. of acres: Legal description: NEi of SEA of Sec. 20 and NW34 of SW1 of Sec. 21, T2N, R68W, 6th P.M. (11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal system to be used. This is open water surface created during reclamation of gravel pit. Water to be used for recreation only. Evaporative losses to be augmented as described in attached agreement. ---------------.. _ (12) OTHER WATER RIGHTS used on this land, including wells- Give Registration and Water Court Case Numbers. Type or right Used for(purpose) Description of land on which used None (13) THE APPLICANT(S) STATE(S) THAT THE HIS KNOWLEDGE.INFORMATION SET FORTH HEREON IS TRUE TO THE BEST / ` J /f lit 5'7,,,,t,an ea. %AR/'! i SIGNATURE OF APPL ICANTlSI Use additional sheets of paper if morn spare is required. WORK SESSION MINUTES, JANUARY 27, 1992 - All Commissioners Present Road Maintenance Improvements Agreement USR-961 (Kobobel) : Drew Scheltinga, Lee Morrison, and Gary Tuttle Kobobel (USR-961) has applied to operate a new gravel pit in the Rinn area. As part of the application process, Kobobel has proposed a long term road maintenance and improvements agreement. The board did not accept the agreement as written, disagreeing especially with paragraph seven. Drew Scheltinga and Lee Morrison will continue working with Kobobel to reach a satisfactory agreement. In the meantime, the USR hearing will be scheduled for February 12. If the road agreement is not decided prior to the hearing, it will be resolved during the hearing. The board discussed road maintenance issues concerning other gravel pit operators in the Rinn area. C & M Gravel has not honored its verbal agreement with the county. Lee Morrison will write a letter to the company asking for their cooperation and explaining what actions the county may take if the company does not cooperate. Possible consequences would include posting weight limits and considering revocation of the permit to operate. The letter will include specific deadlines for their response. Poudre River Greenway Committee: Don Warden The City of Greeley has suggested the formulation of an ad hoc Poudre River Greenway Committee. The mayor asked the board to appoint two county representatives to the committee. The board agreed to appoint Commissioner Bill Webster and the Director of Planning Services, Chuck Cunliffe. Spray Equipment: Ron Broda and Pat Persichino There has been some disagreement as to whether a one-ton or two-ton truck is needed to mount spray equipment. The Board agreed to reject the bids received and start the bidding process over using an extra duty one-ton vehicle. cc: Commissioners County Council Don Warden Drew Scheltinga Lee Morrison Ron Broda Pat Persichino Clerk to the Board v!�✓®_Y_Ad'r.D IDAHO CREEK RESOURCE APPLICATION FOR A MINING USE °BY SPECIAL REVIEW PERMIT WELD COUNTY, COLORADO AUGUST 1991 G, TUTTLE APPLECATE, INC. Consultants fat Lad and ResourceDnelopnenl IDAHO CREEK RESOURCE WELD COUNTY , COLORADO Applicant: BILL ROBOBEL 7909 Field County Road #5 Longmont, CO 80501 • Consultant: TUTTLE APPLEGATE, INC. 11990 Grant Street Suite 410 Denver, CO 80233 (303) 452-6611 22012S .m2i TA #91-156 September, 1991 Tmaga Sala InaMD UTTLE APPLEGATE, INC. Consultants for Land and Resource Development October 7, 1991 Mr. Rod Allison Weld County Department of Planning Services 915 Tenth Street Greeley, CO 80631 RE: Idaho Creek Resource, Use by Special Review for a Mining Operation Dear Mr. Allison: With this letter we are requesting a Use by Special Review for a mining operation within the agriculture zone. We are including for your use the complete Regular Operations application as administered by the Colorado Mined Land Reclamation Division. This application will fully describe our proposed use of mining and final reclamation. Any additional information as requested by the Weld County Procedural Guide will be addressed in this letter. Please find enclosed a complete application and application fee. The proposed mining operation is consistent with the Weld County Comprehensive Plan. The pit will be supplying aggregate to various users in Weld, Adams, and Boulder Counties. The proposed use is consistent with the intent of the District since this area contains a valuable resource and will be restored to a beneficial use. This operation will not adversely impact the agricultural economy of the County and the water rights of other irrigation users will be protected. The passive recreation scheme for the reclamation of the property is consistent with existing land uses as well as anticipated proposed land uses. The pond area created by the mining operation will be for personal recreation only and as such does not need a Special Review permit from the County. The pond will have a surface area of 59 acres and will be fed by groundwater only. We will need to augment water due to the evaporative losses on the pond. These plans are explained in detail in Exhibit G of the regular Operation application. Sand and gravel mining and agriculture presently surround the property. 22012S 11990 Grant Street, #410 Telephone: (303) 452-6611 Denver, Colorado 80233 Facsimile: (303) 452-2759 Mr. Rod Allison Weld County Department of Planning Services October 7, 1991 Page 2 The application complies with the County Flood Hazard Overlay District Regulations. The reclamation of the pit is proposed as a pond for private recreational use. The creation of ponds is encouraged by the County in floodplain areas. Later we will submit a Flood Hazard Development permit application. The proposed use is not located in a geologic hazard area or the Weld County Airport overlay district area. The use is proposed to be located in the "A" District. The applicant has made a diligent effort to conserve productive agricultural land by locating the use on either side of the meandering Idaho Creek area which is not preferable for crop usage. The use will not adversely affect agricultural ditches, wells, or senior water rights. The applicant will comply with all conditions of State and local permits thus insuring the protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Specific conditions will apply to air quality, water quality, noise, on-site mine safety, and reclamation according to applicable state permits. Noise from the processing site equipment at the property line will not be a problem. The closest processing site will be a minimum of 700 feet from Weld County Road 5. This distance will adequately dissipate any noise which could be louder than the noise created by vehicles on the gravel road. The nearest residence is 200 feet away and is owned by the pit operator. At this distance all noise will be less than the agricultural noise standards developed by the State Department of Health. Compatibility with surrounding land uses is insured by location and setbacks. To the north are two sand and gravel pits. To the east and west are agricultural lands which are not affected by the proposed operation. To the south exists the Robobel residence, but the mining setback safely separates the house from the operation. An asphalt batch plant is located slightly to the north of Weld County Road 5, thus the area is accustomed to truck traffic. 92012 Mr. Rod Allison Weld County Department of Planning Services October 7, 1991 Page 3 The mining and processing operations will generally work one 8-10 hour shift, approximately 200 days per year. It is expected the operation will employ three workers on-site. There will be no animals allowed near the mining and processing activities at the site. Vehicular traffic and access routes are discussed in the accompanying "Traffic Patterns" statement. (The statement has been provided separately for ease of reference by County Engineering personnel. ) There will be no permanent structures proposed with this use. A portable processing plant will be erected for use with the mining. The equipment used is delineated on the Use by Special Review application and in the attached Exhibit D. In order to minimize the visual impact of the operation, the mining is divided into specific small scale stages. These stages will limit the amount of disturbed ground. In addition, the reclamation will proceed concurrently with the mining. Immediately after the mining is completed in a particular phase the reclamation will begin, which includes the planting of trees. Phasing is shown on the attached Exhibit C. More trees will be re-established on the site than presently exist. Detailed reclamation plans are discussed in the attached Exhibit E and shown on Exhibit F. The pit is located in the floodplain as defined by the Federal Emergency Management Agency (FEMA) and shown on the Flood Insurance Rate Map (FIRM) . The entire site is shown in a zone designated as Zone A, "areas of 100-year flood; base flood elevations, and flood hazard factors are not determined" . The operator will comply with Section 52 and 26 of the Weld County Zoning Ordinance by applying for a Flood Hazard Development permit. Stockpiles will be aligned with the general direction of the stream flow, therefore, minimizing the potential to increase the depth of backwater from the site. The stockpiles are separated from Boulder Creek by the mining pit, therefore, reducing the potential of the materials becoming buoyant and leaving the site. Approximate sizes and locations of stockpiles, plant site, and material storage are shown on the accompanying Exhibits C and D of the MLRD application. V � //fin �:V�1 f; Mr. Rod Allison Weld County Department of Planning Services October 7, 1991 Page 4 The vehicular equipment will be equipped with fire extinguishers per OSHA regulations. There will be no permanent structures proposed with this use. The processing plant will be equipped with a fire extinguisher. The site will lie with the Mountain View Rural Fire Protection District. The Regular Operations application Exhibit G discusses the availability of water for process washing, dust control, moisture loss, and evaporation loss. Drinking water on-site will be provided by the operator in the form of bottled water. With the owner's house being only 200 feet from the pit and this owner being the primary employee, sanitation will be provided at the house which is on an approved septic system. This mining operation will not cause injury to vested or conditional water rights along Idaho Creek. The property deed and lease agreement between Mr. Kobobel and the Burlington Northern Railroad is included in the attached Exhibit O, to demonstrate the applicant's interest in the property. Soils information is included in the attached Exhibit I. The soil does not pose any limitations to the proposed mining use. Cordially, TUTTLE APPLEGATE,�AT INC. Gary'J. Tuttle GJT/cr Enc. cc: File #91-156 WELD COUNTY, COLORADO USE BY SPECIAL REVIEW APPLICATION for MINING PERMIT Weld County Department of Planning Services. 915 1Oth Street, Greeley. Colorado, Phone 356-4000, Extension 4400 For Department of Planning Services Use Only Case Number: Date Application Received: PC Hearing Date: Section: , Township: North, Range: West Zoning District: • Recording Fee: Permit Fee: Recording Fee Receipt I: 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 (;have" (gravel, coal, borrowpit, etc.) mining operation for the following described unincorporated area of Weld County: LEGAL DESCRIPTION The NE 1/4 0 the N.E. 1/4 o, section 29. Township 2 North, Range 68 West o6 the 6th P.M. (held County Colorado and That pohtLon of, the S.E. 1/4 06 Section 20, Township 2 NoAth, Range 68W o% .the 6th P.M. Weld County Colorado and all that panto the S.W. 1/2 o5 the S.W. 1/4 oA Section 21 lying West o6 the 'Eight 06 way $25 the Swttin .ton Nontnehn Rail Road £n Township 2 North. Range 68 West 06 .the 6.tn P.M. Weld County Colorado, Please see '..ached Exhibit 0 6oh a mope detailed legal description. TOTAL ACREAGE: 73,72 2. Surface owner(s) of area of land described Name:WitPiam Kobobel g Address: 7909 Weed County Rd 5 Phone: 772-8333 Name:Mahgahet Kobobe" Address: 7909 Weld County Rd 5 Phone: 772-8333 ' Longmont, CO 80501 3. Owner(s) of mineral rights to substance to be mined Name:WiPPinm Kobobel 8 Address: 7909 Weld County Rd 5 Phone: 772-8333 . Name:Mahgahet Kobobel Address: 7909 Weld County Rd 5 Phone: 772-8333 Longmont, CO 80501 4. Source of applicants' legal right to enter and to mine on the land described: Please Re,ehi to Exhibit 0 06 Accompanying Packet • (Attached certified copy of any document noted to the back of this form) 5. Address of applicant and general office Applicants address: 7909 Weld Cty Rd 5,Lonamont.80501Phone: 772-8333 General Office address 7909 Weld Ctu Rd 5 Longmont. Phone: 772-8333 80501 6. Identify any prior permits for mining held by applicant or affil! 7 person: N/A `" 7. Description of Operation a. Types and number of operating an processing equipment to be employed: Dewatetinq pump =1. Ctushet =1. Schoen =1 Wash plant =1, Ftont end loader =1, Scnapet =1; Suttdoze.=1. b. Maximum number of employees: 3 , and number of shifts: c. Number of stages to be worked: 2 , and periods of time each is to be worked: Appaox.imatet.y 5 assn w.itt be spent on each phase, dependent upon material market. d. Thickness of mineral deposit: 9,5tQ13 feet, and thickness of the overburden0 to 5.5jeet e. This will be a wet/dry pit operation. . f. Site entrance/exit points and county roads and bridges to be utilized between site and delivery point(s) (must be coordinated with County Engineer): Site access will be inom WCR 5. Please see accompanying TnaAAic Statement. 8. Description of Rehabilitation a. Proposed rehabilitation land use(s): Titivate Recteational OAP b. Source of technical advice for reclamation: Colonado Division o/, Wildli.l,e. USDA Soil Conservation cehvica c. Explanation of Reclamation Processsside 4lo Q1 pnaded to no tteepyn. ,than 3H:11 Topsoil will be skipped, stockpiled. and tedist ibuted ion seggLing thonughoul as mining ptogtesseb. Shone-tines wL U be gnarled. tnpsailed and seeded Loh keclamatLon. Compacted areas-Plants.ites. 4.tocbtpile anean, haul areas-w.iii be 4can,Ls.ied,Lon topso.ited, and seeded. Fot a mote compnehemsive desotiption, please kept. to Exhi.bii ._ _ .I hereby depose and state under the penalties of perjury that ERF o6 the all statements, proposals and/or plans submitted with or contained within accompany.ir this applica on area trued and correct to the best of my knowledge. packet ob Ms COUNTY OF STATE OF Nk a-^rv --° W,!?O h � Signature: Owner/Authorized Agent Subscribed and sworn to before me this l0----day of - , 19q / SEAL N ARY PUBLIILN My Commission Expires My Commission expires September 9, 1994 .9;2;012 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property 7909 Weld County Road #5 Longmont, CO 80501 STATE OF COLORADO ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within . five hundred (500) feet of the property subject to the application. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the application submission date. 62,7 J.7telt The foregoing instrument was subscribed and sworn to before me this c4 da9� �� Q � k�� . , 1931 by \,, I ,I '. W1tTNF ,S? y. hand and: official seal . 11, iti: ommiss-ion expires: illytommission Expires september 9, 1994 Nota Public LANDOWNERS WITHIN 500 FEET OF PERMIT AREA Martha A. and Leslie J. Williams, Jr. 1313 20 0 00 067 8876 Rogers Road Longmont, CO 80501 Arthur, Lucy & Luther Stromquist 1313 20 0 00 038 12189 Oxford Road 1313 20 0 00 051 Longmont, CO 80501 1313 29 0 00 057 1313 21 0 00 041 Stromquit Farms 1313 21 0 00 004 12189 Oxford Road Route #2 Longmont, CO 80501 Virginia N. Shaw 1313 29 0 00 068 1435 weld County Road 16-1/2 1313 29 0 00 059 Longmont, CO 80504 Michael S. & Virginia N. Shaw 1313 28 0 00 038 1435 Weld County Road 16-1/2 Longmont, CO 80504 H. Gene & Carolyn M. Bulthaup 1313 28 0 00 039 698 Highway 52 Erie, CO 80516 Weld County Commissioners 915 Tenth Street Greeley, CO 80632 Burlington Northern Railroad 304 Inverness Way South Englewood, CO 80112 William & Margaret Kobobel 1313 21 0 00 005 7909 weld County Road 5 1313 20 0 00 055 Longmont, CO 80501 1313 29 0 00 061 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property 7909 Weld County Road #5 Longmont, CO 80501 STATE OF COLORADO ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, or from an ownership update from a title or abstract company or an attorney. i,i l The foregoing instrument was subscribed and sworn to before me t is c- )I-P4N day of CS-e-p'-\ -e-n , , 19a By �_ S X11:1, ,, WIiESS ay hand and official seal . My Commissionegp1 s: I✓Y,Crhn45 o Expires SepterVber 9, 1994 Nota Public OWNER(S) OF SURFACE RIGHTS William & Margaret Kobobel 7909 Weld County Road #5 Longmont, Colorado 80501 OWNER(S) OF MINERAL RIGHTS William & Margaret Kobobel 7909 Weld County Road #5 Longmont, Colorado 80501 MUNICIPALITIES WITHIN THREE MILES Town of Frederick Box 435 Frederick, CO 80530 City of Longmont 350 Kimbark Street Longmont, CO 80501 2,O.1.;2x; TRAFFIC PATTERNS The Idaho Creek Resource will be using four or five 25 ton-end dump trucks. These trucks will be running for an eight (8) to ten ( 10 ) hour day and will make approximately sixty-four (64 ) trips per day total. The general market area for the pit will consist of Adams, Boulder, and Weld Counties. The location map for truck haul routes shows the estimated distribution of traffic. The proposed haul route will exit the property onto Weld County Road 5 and proceed north to Weld County Road 18 which is paved. The trucks will then proceed east to Weld County Road 7. Twenty percent of the traffic will go north on Weld County Road 7 and 80% will go south. Upon reaching State Highway 52, 40% of the trucks will travel east to I-25, 40% will travel west towards Boulder, and 20% will continue south on Weld County Road 7 . Both Weld County Roads 7 and 18 are established truck routes and have a pavement section to carry the traffic. The roads are in excellent repair and should not be affected by the traffic from Idaho Creek Resource. T„01 n R1 - ' J :•1-/l_ v 4892 1 — T—y., .i r — -- — =4878 •• _ 16 x - . 4874 / 1 x 17 C g r n x ` a �t. x x.� I / i 4,tt x x G , �• x i 1 n I l;\ II pe. - - to _ \ �' C t J% yyq e r ' li - - a - i ' Cr ti .MV /67- 7 4882 • iIl 'aB: : 1 9I III] 9113 ID l b _ V U i22 r �� I,% "- -- 90 ,r; GI 4950 le:20 ; ^_ 3 I,�_ / fi2y::: :: �: 25 J y • x �' � — - <�ui� 100% �� .n WCR 18 4>, ah° {---, n • tjo ;' 5 -_ Q — ° 4927 — // r ¢~ -- '" �� 2u000 O4. t.. 0 N9\ N ; .ii( r.,;51,- / h // 814 ` 979 x954 ‘r 5016 s • . \ � 1 axe T I(7)Q ) x I P64 � \ •.� \ �. � NORTH ... _4619 \� � * _ ! Dump ;:i• N- . { T2N 1 Y • . ', O 40% !:n b40% V MINE • ALA - � 2_' 1 L-.� .-,� HWY Y 52 —�—f t r 5 • - ---- MLLE PPJICATE.INC. TRUCK HAUL ROUTES " . ,/ \ IMO Grant Street,lode 410 _ �� ' \• ( 1.1 \ \ /^...�.� lOeme92-66111 �011� �H "y ' •ii •AI:1/'tl,D yx �R +H1� �t "M' .■ Fa'I;NS UR '.M�TItIe. ,� nAaK DA,B/MMEg�,T"/, w..+..,A.,.Y,... w"ati"Fs razw— --- ....T I `; - THIS CERTIFICATh, IS RSL&D AS A MATTER OF tIt.ONMATION i L%1AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE LOCK TON SILVERSMITH, INC. POLICIES BELOW.DOES NOT AMEND.EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 4500 Cherry Creek Drlve South Se i t• 400 COMPANIES AFFORDING COVERAGE D•nv•r , CO 10222-0099 303-753-2000 COMPANY A LEIIER MARYLAND CASUALTY CO miaow afVRED L R 9 TRANSAMERICA/FAIRMONT Twin Peaks Excavating L=MANY C 11710 Wadsworth Blvd. p fir•omfI•Id LB C0 F RTy D CO $0020 COIFANv LEVER E 49:140MA94S t1; , M, "::'`s &V.L '.'rTED Bw Sex . 77 .,, . . �.t « i THIS IS TO CERTFFV 7 HA V THE POLICIES OF INSURANCE LISELO W HA VE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD NDICATED,NOT WIT HST ANDING ANY REQUIREMENT.T ERIN OR CONDIT ION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WINCH THE E KCL SIONS AND CONDITIONS OF SUCH POLICES LMITR MAY PERT AIN,THE S SHOWNMAY ANCE AFF EIT THE POLICIES ORDED BEEN REDUCED BY PAID CLLAMS,SCRIBED HEREIN IS SUBJECT TO ALL THE TEFVv1S. ~ TYMEOP WSIMMIOI ■RU9Y IWIRIM 1 ►OLIDYRPPECTIVE POLMYIMPNIMION LIMITS L11 RATE(MWW/YV) DATE(MWCO+YY) — •ereRALLII LRT UMW AODRTIATT I 1.000.000 A , X CD.MERCIAL O1NIRAL LIABILITY EPA10199132 7/01/91 7/01/92 PROOUCIS•CRAPIOPAGG 1 1.000.000 J CLAIMS MADE OCCUR PERSONAL a ADY. own1 1.000„004_ OWNER,a CONTRACTOR'S m0,. tAEH atuRREPCE 1 LOD0.000 TIRE WWI My ow Toe 1 50..000 mu ExPENSE LAY ent WOO'ICn 1 14000 — WTDHORIE LIABILITY CMBITED STNOLC I A X ANY AUTO ECA13532339 7/01/91 7/01/92 LIMIT 1.000.000 All OPINED AUTOS SOTDLY INJURY I IPe, !mum) SCHEDULED AUTOS TIRED AUTOS !BUTT*/ INJURY I (Pet AttdtMF NON-OWNED AUTOS RAMIE LIABILITY PRLFIRIY OAMABE 1 EXCESSLIADLIY IATH DCCUEMNCI I 1 .000,000 A X LIABRCLIA FORE UBA59009247 7/01/91 7/01/92 ADOREGAII I 1 000 000 OTHER TITAN IMRRELLA FORM WORKER'S OOAPOIBATION _,�SIATUIORT MIS " ' B RENEWAL OF 7/01/91 7/01/92 EACH ACCIIHRI .00O_ Ma WCNB0259289 IMAM-POLICY Twat $ 500.000 . BMPLOYERELMALITr OiS(ASI-IACH IMPLIrirf t BOO 000 OTHER DESORPTION Of OPERATIONMLOOATICWSIYEHMLENMEOIAL IlENE ALL WORK 6(!'I CA.HOLIIF z�/ ..4itr'."„r x a» "E 4=45.44. . ..CELLAGON ..Og .SCRID«rteOL s `"IE.CA LLED .,, _ :E `H9%nv'.a.awel79h+n"} Sfe,YMaM'MntsYM.w'u rnwW'a . ' "q SIgULO AN OF INE ABOVE DESCRIBED DOLICFES BE CANCELLED BEFORE 7HE� EKPRATION DATE THEREOF. TIE ISSUING COMPANY WILL ENDEAVOR ID 915 WELD 10TH ST. MAB.3B DAYSWRITTENNOTCE TOTIIECERTIFICATEHOLDERNAMEDIO THE GREELEY; CO 80631 I LEFT.BUT FAILURE TO MAIL SUCH NOTICE SHALL&POSE NO OBLIGATION OR - j LIABILITYOF ANY KIND UPON THE COMPANY,ITS AOENTSOR REPRESENTATIVES , 1 ` . r.MOTHURILCO REPRE$WITAT'DE A '+ + r . I / :dl ' ,,2091544000 9//Sb I;' ;, ' xI S0005ATCA75 !P FIRE POLICY STATUS AST:1611 ; PAGE 14 ,d ,,II HOUSEHOLD KEY: (KOBOBEL 909580501 ) H PH. (303)772-8333 I I `,r KOBOBK . WILLIAM E 6. MARGARET POLICY NO: 96-26-1807-8 F YR ISSUED; 87 17909 WELD COUNTY RD 5 LOCATION: 7909 WELD COUNTY RD S 'LONGMONT CO 80501••2841 • LONGMONT CO 80001 '•'',; ` 1? DISCOUNT: 1O'XHA $ 4b1 5%REN• 84 TERM: CONT AMOUNT PAID; : l511c. Q !. n TYPE: COUNTRY FH-7 RENEW DATE: MAR-15-92 DATE PAID: . JAN-81 1 •' ,1 PREMIUM: 511 .00 BILL TO: INSD ,i i i{ ' COVERAGE INFORMATION hIl, ji A-DWELLING 99000 PREY. RISK: 96,600 I ` • ,. DWELL-EkT 9900 PREY. PREM: 477 I II , B-PERS PROP 69300 C-LOSS USE ACT LOSS CONST: MASONRY • 1 ` " ` AUTO-PF1 (4) ' FI F ) L-PERS LIAR 300000 ZONE: 12 � I � F - :. M-MED/PERS 1000 PROT. CLASS: 9 i LIFE-NONE ; I Lt .-NON ,,ri:' YR BLT: 47 . MPi -NONE ;� 1-P NbIN IA S 12 ,-CHANGES I4 CR i, F-BLDG STRT 2200 i rS-F,IC 6-ORB HA: FE D9 SA 7-APP 8-PAYMEN I 9-MSTR REC 10-LOSS R . AR•i +I DEDUCTIBLES APPLIED: 250 ALL PER . P-PRINT POLICIES 0-F'REV SCREEN PRESS ACCEPT OR A PF KEY . I 1 • I; it' i ft(' i I • • . q) jS-7o . n .-1. ztn tna •a JLMMBd * vuv0e : I L 16 'LO 'OT IDAHO CREEK RESOURCE APPLICATION FOR A REGULAR OPERATION ( 112 ) MINED LAND RECLAMATION PERMIT WELD COUNTY, COLORADO AUGUST 1991 a TUTTLE APPLEGATE, INC. Cnnwlun4 tot L nd and Rewnce Development REGULAR OPERATION (112) RECLAMATION PERMIT APPLICATION FORM The application for a Regular Operation Reclamation Permit contains three major parts: (1 ) the application form; (2) Exhibits A-S; and, (3) the application fee. When you submit your application, be sure to include five (5) signed copies of the application form , five (5) copies of Exhibits A-S, and a check for the application fee described under (3) below. To expedite processing, please provide the information in the format and order described in this form. sae GENERAL OPERATION INFORMATION Type or print clearly, in the space provided, all information described below. 1 . Appl icant/operator name: Bin Kobobet 1 .1 Type of organization (corporation, partnership, etc.): Saxe Pnopn&.eton 2. Operation name (pit, mine or site name): Idaho Cxeek Reeow.ce Ma&ganet KobobeL 2.1 I.R.S. Tax ID No. or Social Security No.: 521-50-8056 3. Application fee for permitted acreage* 65.7 permitted acres ($50.00 + ;15.00/acre, 1st. 50 acres; $10.00/acre, 2nd. 50 acres; $5.00/acre, 3rd. 50 acres; $1 .00/acre, any additional acreage; maximum fee of $2,000.00)* Note permitted acreage and application fee and attach a check for this amount when you file. $960.00 application fee 4. Substance(s) to be mined (e.g., gravel/gold/borrow): Sand_ And Gnnvv/ 5. Name of owner of surface of affected land+ SL& Kobobet 6. Name of owner of subsurface rights of affected land+ Bat Kobobet 7. Type of mining operation: x Surface _ Underground _ In-situ 8. Location Information: the center of the area where the majority of mining will occur lies in: COUNTY: Weld . PRINCIPAL MERIDIAN (check one): xx 6th (Colorado) 10th (New Mexico) Ute TOWNSHIP (write number and check direction,): T 2` x North agoutiRANGE (write number and check direction): r R - East West SECTION (write number): S 2 QUARTER SECTION (check one): NW a SE SW QUARTER/QUARTER SECTION (check one): — NE — NW a SE — SW GENERAL DESCRIPTION: (miles and direction 3112 mites N.N.E. pi Ende. CO from nearest town and approximate elevation) 4905 Aeet _elevation • If the operator is a unit of state or county government, an application fee is not required. A fraction of an acre must be counted as one acre for fee calculation. + If 2 or more, refer to Exhibit P • -2- 9. Correspondence Information: APPLICANT/OPERATOR (name, address, and phone of name to be used on permit) Individual 's Name: Fat Kobobet Company Name: Street: 790§ Weld County Road 5 City: Longmont State: Cotonado Zip Code: 80501 Area Code: 303 Telephone: 772-8333 PERMITTING CONTACT (if different from applicant/operator above) Individual 's Name: Gang Tuttle Company Name: Tu t to Applegate, Inc. Street: 11990 Grant Street, Sm to 410 City: Denver State: Colorado Zip Code: 80233 Area Code: 303 Telephone: 452-6611 INSPECTION CONTACT Individual 's Name: Hitt Kobobet Company Name: Street: 7909 Weed County Road 5 City: Longmont State: Colorado Zip Code: 80501 Area Code: 303 Telephone: 772-8333 CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Street: City: State: Zip Code: Area Code: Telephone: CC: STATE OR FEDERAL LANDOWNER (if any) _ Agency: Street: City: State: Zip Code: Area Code: Telephone: 22,01.2r; -3- 10. Primary future Cropland(CR) Pastureland(PL) General Agriculture(GA) (Post-min ng — Rangeland(RL) — Forestry(FR) — Wildlife Habitat(WL) land use — Residential (RS) Xx Recreation(RC) —• Industrial/Commercial (IC) (check one): Developed Water Risources(WR) — Solid Waste Disposal (WD) 11 . Primary present Cropland(CR) xx Pastureland(PL) General Agriculture(GA) land use —• Rangeland(RL) —• Forestry(FR) Wildlife Habitat(WL) (check one): — Residential (RS) —• Recreation(RC) Industrial/Commercial ( IC) Developed Water isources(WR) An applicant will not be issued a reclamation permit until notified by the Division that this application and the required performance and financial warranties have been approved. Alternaf vely, an automatic approval will occur where the Division fails to notify the applicant/operator that the application has been denied. The final agency action mist be made within 120 calendar days from the date the application was submitted. However, the performance and financial warranties oust be approved by the Division or Board before a permit will be issued even if you receive an automatic approval . NO MINING OPERATIONS SHALL BEGIN UNTIL A PERMIT IS ISSUED (Rule 7.2(2)). It shall be a provision of this permit that the operations will be conducted in accordance with the terms and conditions listed in your application, as well as with the provisions of the Act and the Mineral Rules and Regulations in effect at the time the permit is issued. Notice Requirements Immediately after the first publication of your notice in a newspaper of general circulation in the locality of your proposed mining operation, you must mail a copy of the notice to all owners of record of surface rights to the affected land and all owners of record of lands that are within 200 feet of the boundary of the affected land. Notice requirements are specified in Rule 2.2. A copy of a form which includes all required information for the notice has been attached for your use. You will need to provide the Division proof of notice prior to the decision date, which may be by submitting return receipts of a certified mailing or by proof of personal service (Rule 2.2.2(6)) . NOTE TO COMMENTORS/OBJECTORS: It is likely there will be additions, changes, and deletions to this document prior to final decisipn by the Mined Land Reclamation Board or Division. Therefore, if you have any comments or concerns, you should contact the applicant or the Division prior to the decision date so that you will know what changes may have been made to the application document. The Division is not allowed to consider comments, unless they are written, and received prior to the end of the public comment period. You should contact the applicant for the final date of the public comment period. If you have questions about the Mined Land Reclamation Board and Division's review and decision or hearing process, you should contact the Division at (303) 866-3567. r* -4- As an authorized representative of the applicant. I hereby certify that the operation described herein has met the minimum requirements of the following terms and conditions: 1 . This mining operation will not adversely affect the stability of any significant, valuable and permanent man-made structure(s) located within two hundred (200) feet of the affected lands. However. where there is an agreement between the applicant/operator and the persons having an interest in the structure that damage to the structure is to be compensated for by the applicant/operator (C.R.S. 34-32-115(4)(d)), then mining may occur within 200 feet. Proof of an agreement mist be submitted to the Division prior to the decision date. 2. No mining operation will be located on lands where such operations are prohibited by law (C.R.S. 34.32-115(4)(f)); 3. As the applicant/operator. I do not have any mining/prospecting operations in this State of Colorado currently in violation of the provisions of the Mined Land Reclamation Act (C.R.S. 34-32-120) as determined through a Board finding. 4. I understand that statements in the application are being made under penalty of perjury and that false statements made herein are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503. C.R.S. Signed and dated this ie day of Syt. W cl CI G {e-Lb Applicant/Operator If Corporation Attest (Seal ) By: By: Title: Corporate Secretary or Equivalent Town/City/County Clerk State,of 1 cr ) r' ss . County 61 \`� Q v+v..o • ) The -foregoing 4n ru ent was acknowled ed before1me this jo 'day of , (99 I, by� J �c Q,� w \ U✓XlIx as of v‘r.sx..c.,chro..*- .obubxk otary Pub 1(y Comm ssion expires: t -q -9ei 2823E (01/91 ) 2O12 c; EXHIBIT A LEGAL DESCRIPTION The proposed operation is located within one parcel of property. Said property is triangular in shape and is described as follows: The SE 1/4 of the SE 1/4 of Section 20, Township 2 North, Range 68 West; and the SW 1/4 of the SW 1/4 of Section 21, Township 2 North, Range 68 West; and the NE 1/4 of the NE 1/4 of Section 29, Township 2, North, Range 68 West. More particularly: Beginning at the Southeast corner of Section 20 then along the east line of said section 150 feet more or less to the True Point of Beginning; then continuing Northeast along the railroad right-of-way 1900 feet more or less; then west 2680 feet more or less; then south 3000 feet more or less; then east 795 feet more or less; then northeast 1500 feet more or less along the railroad right-of-way to the True Point of Beginning. off 10 1_-As --z EXHIBIT B 4892 )';•'3r 17 4878 16 ae5a i Y / new I � I, •ate, �� I j ___ _."%iv, - 5 N. y 7..",:- 7 I II n o 80 2 c�48 oo 4882 4882 • Q i c • 1 n. � ii i Il / W _ 8J " � � 21 I � I' 2z - \ " /420 �I /� i pe, 2C 21 I / r Idaho reek • 21 - _- 2 a I aB95 I ` il /II 15 CA-, SITE_ I • Jig . /ww4 4940 LOCATION �' ° ) i 3 asI. t . l 9/5 2p ♦927--- 2 )/! '' '-===.\= __ le� ---, s000 I irc-- _, ,,, " ,„,, _ JI w , =::_• a / 1 \ \s , , „ : sm[ �sz ��„ ,_ _as, I _ KK I yZ.' $016 I. „,,,, ki I \( n1��° , 4. li 1-,w .K II ... \� 1 I / o ,P a ws I'° Sham oel' I , n o • ',/,7 al / N„ 'line � , i 0 II -�_ �� • , \Iv '� \ s� � NORTH • / ` _J \ -..\ - e Dump ,�$ I. \.�- \J n . �i\ -_•emu -=d` I T2N owl � .� ' 2000 el., r OAO BM :a-al — , \ MJN6FAL/ �• $01$ Y- • p 991 i�.'T 1N \VICINITY MAP ° �/ 311TTLEAPrn TE.INC. 11!!0 Grant Street, Suite 410 z,K Denver,Colorado 10233 ._�. r 1.� --'�_ (303)4S2-611 0 , ..yi ,y,-. ...// 4J - ,.f 1.3 EXHIBIT D MINING PLAN The Idaho Creek Resource will be used by the owner as a source for fill material and aggregates. The applicant owns all the property and holds the mineral rights. The general location of the mining area is along Idaho Creek west of Interstate 25 and west of Weld County Road 5 . The total area to be mined is approximately 70 acres. Before mining occurs we will need to re-route Idaho Creek along the west and north sides of the property to allow for a maximum amount of resource to be mined. This will be accomplished using pilings driven into the ground at the points of diversion (4 total - shown on Exhibit C) to allow the water to flow along the new channel. Since this is not considered filling of a wetlands area a 404 permit is not required. We expect the majority of mining to occur during the fall, winter, and spring months, although mining will probably continue during the summer months. The resource will be mined using dry mining techniques. A dewatering ditch will be constructed around the north and west sides of the permitted area, slightly deeper than the mining itself, to collect the groundwater and dry out the resource. Any groundwater intercepted during the mining operation will then be pumped from the lowest point on the northeast corner and discharged to Idaho Creek. The processing equipment for the resource will be portable and move with the mining each year. The equipment will be located on un- mined ground. The plant site will contain a crusher and screens. The mining operation will begin at the north end of the property and proceed in a southerly fashion. The area will be mined in five(5) to eight (8) acre segments. We expect the mining to last for ten ( 10) years. The material to be mined at the Idaho Creek Resource is sand and gravel. Information obtained from bore logs drilled on April 1, 1983 indicate a general topsoil depth of six inches. Overburden varies from 1 foot to 9-1\2 feet in depth. The sand and gravel resource thickness varies from 7 feet to 20 feet. Groundwater was encountered at depths of 2-1\2 feet to 4-1\2 feet below the surface. Underlying the resource is a siltstone/claystone bedrock. Earth moving will be done using scrapers and front-end loaders. Overburden and topsoil will be removed and stockpiled separately. Typical stockpiles will be 10 feet in height, 50 feet wide and contain approximately 6,500 cubic yards of material. D-1 0 3012n One lake will be created by the mining operation. This lake will have a surface area of 59 acres. The U.S. Army Corps of Engineers has identified wetlands areas on the site. These areas are shown on Exhibit C. These areas will be mined at a 3: 1 slope and will not be filled following mining, therefore, there is no need for a 404 permit. The sequence of mining activities to be done is as follows: 1 ) A dewatering ditch will be constructed around the perimeter of the permitted area. 2 ) A portable dewatering pump will be installed and groundwater will be discharged to Idaho Creek. 3) Topsoil and overburden will be stripped and stockpiled. 4 ) Sand and gravel will be extracted and transported to the plant site for processing. 5) Processed material will be stockpiled at the plant site and trucked from the property to end users. Disturbance associated with mining is classified as follows: Major Disturbance Mining 6.0 acres Topsoil Stockpiles 1 .0 acres Overburden Stockpiles 4 .0 acres Stripped prior to Mining 3.0 acres Moderate Disturbance Plant Site 1 .0 acres Access Road 0.5 acres Product Stockpiles 5. 0 acres Shoreline Grading 1.5 acres Minor Disturbance Reclaimed and Seeded 2 .0 acres Reseeding Year 2 0.5 acres TOTAL DISTURBED ACREAGE 24.5 ACRES D-2 '%O1,27, The mining plan calls for completion in approximately 10 years with each phase taking five years to complete. Each phase will be divided into stages with each stage consisting of approximately six acres. Mining and reclamation of each phase will be done concurrently. When mining is completed in one stage and moves to the next stage, reclamation activities will begin immediately on the completed stage. Grading and backsloping of shorelines will be done using concurrently stripped material or stockpiled topsoil and overburden. Reseeding will be done in early spring or late fall depending on the progress of regrading. Provisions have been made to return the following year and reseed areas where previous reclamation was not successful. The estimated time between completion of a mining stage and accomplishing final reclamation is two years. D-3 tiZ O``e2 of kat: 11i )1 1 n 2 E Rg .6 "- , EXHIBIT E RECLAMATION PLAN The final reclamation of the Idaho Creek Resource will be for private recreation land. One lake with reclaimed shoreline will be left for recreational uses with a total water surface area of 59 acres. The mining plan calls for progressive reclamation of the property. This technique will minimize the total amount of disturbed acreage at any time during the operation. The Table of Disturbance shows a proposed maximum amount of disturbance of 24 .5 acres at any one time during mining. There are some wetlands that will be excavated by the mining operation. However, there will be no filling done in any wetlands. Because no filling will be done, a 404 permit is not required for either the mining or the reclamation of the property. The reclamation sequence for the property will be as follows: 1. Rough grade the shorelines. 2 . Replace overburden and topsoil and grade out. 3. Drill seed cover crop in spring and seed permanent grass into mown stubble, - or - 4. Drill seed permanent grass in fall and cover with mulch and crimp down. 5. Reseed grasses where necessary. Replacement of overburden and topsoil will be done in phases as outlined. The replacement will allow for material stripped from the next phase of mining to be replaced in the previously completed phase. This will minimize material handling and disturbance of stockpiled overburden. The proposed post mining land use is compatible with surrounding land uses. Historically the area is zoned for agriculture and has many farming activities currently in existence. The proposed reclamation plan meets the requirements of Rule 6 in the MLRD regulations as follows: Grading Grading will be done to provide stabilized shorelines around the lake. All backfilling will be done with native overburden and topsoil. There are no known toxic materials in the proposed backfill and as such will not cause groundwater contamination. The grading will be done to control erosion. Final grading and reseeding will be done as soon as possible after grading and topsoiling has been done. All backfilling will be completed in phases after mining is completed. No acid forming materials, refuse, or toxic producing materials are known to exist in the area and will not be used for reclamation. Any materials of this nature found during the mining operation will be disposed of according to applicable laws. There are no drill or auger holes associated with the mining operation. All slopes created by the mining operation will be no greater than 3: 1. One area along the east edge will be used as a swimming beach. This area will be mined at 5: 1 for a distance of approximately 200 feet. Water Disturbance of the area will be done to minimize the affect on the prevailing hydrologic balance as follows: (a) The operator shall comply with all applicable Colorado water laws. (b) The operator shall comply with all applicable Federal and State water quality laws and regulations. (c) The operator shall comply with all Federal and State requirements for dredge and fill. There are no anticipated requirements for this type of activity. Wildlife The proposed reclamation plan does not propose to create wildlife habitat. There are no known endangered species in the area. All activities will be planned considering the safety and protection of wildlife on the property. Some species may be temporarily displaced by the mining activities. They are expected to re- establish with no difficulty after mining and reclamation has been completed. Topsoiling All topsoil will be stripped prior to mining and stockpiled. Stockpiles which remain in place longer than one growing season will be seeded with a fast growing cover to minimize erosion. Handling of topsoil will be minimized by efficient sequencing of mining and reclamation through phases. E-2 After mining has passed through an area, non-marketable material and overburden will be replaced at an even depth of 6 to 12 inches along shorelines and graded. Soil amendments are not proposed due to the organic nature of this topsoil. However, if they are determined necessary by the SCS they will be used to enhance plant growth. Revegetation The reclamation plan will revegetate all disturbed areas with appropriate seed mixes to minimize erosion, re-establish natural terrain and create usable farm land. Reseeding of the property will be done after topsoil is replaced in accordance with accepted planting practices. All grass seeds will be planted with a grass drill equipped with depth bands and press wheels. Seed will be planted approximately one-half inch deep and will be drilled between November 1 and April 1. The grass seed mix includes drought resistant varieties and will be planted either in early spring or fall to insure germination. Grasses planted in early spring should be warm season cover crops. The permanent grass seed should then be drilled into the cover crop in early fall without additional tillage. Grasses planted in the early fall should be permanent grasses and covered with straw mulch at a rate of 4000 lbs. per acre immediately following seeding. The straw should then be crimped into the soil to control erosion until the grass becomes established. Seed rate mixes and ratios are listed on the table immediately following this discussion. This information was provided by the SCS. If a significant invasion of noxious weeds occurs, the area will be mowed periodically for control. Weeds will be mowed when they reach a height of 6 to 12 inches throughout the first growing season. Mechanical control will be used as a first priority. Chemical methods will only be used if no other alternative produces acceptable results. The property is not forested and will not require fire lanes. A minimum 30 foot setback will be maintained around the permit boundary which will allow access. The reclamation of all processing sites will be delayed until the final phase of mining is completed. At that time the ground will be scarified, leveled, and seeded with grass. E-3As Clusters of trees and shrubs will be planted on the property during reclamation. The trees and shrubs to be used will be selected from the following lists: Trees Shrubs Russian Olive Antelope Bitterbrush Siberian Elm Fourwing Saltbush Green Ash Hansen Rose Hackberry Rabbit Brush Cottonwood Siberian Peabush Eastern Red Cedar Tatarian Honeysuckle Rocky Mountain Juniper Skunkbush Ponderosa Pine Sumac Scotch Pine Lilac E-4 CO-EECS-5 _ U.S. Department of Agriculture • 6/82 Sol Conservation Service (180-12-11) Page 1 PART I - GRASS SEEDING PLANNED • -r� Planner: RI ail Date: Al 9/ Iizo/* .•./-a o/ieeA0 ebticeProducer: rattle 49ileariti/ ne. And in r?,s k fit) (,/'M-la E,f'.f- Sec.so fry Syl11sGc.:f e,✓fij/'ArR-Afire,% Contract or Agreement ■f'1. Field No. _ Ac. _ Contract item No. _ Practice No. and Name e s,G?/ Hle.4 a "YAM lit9 Land Resource Area 1G 69 Irr Igated _ Dry and v Range Slte 5s/e /rte., na/ (/ 2. Planned: Seedbed Prep: (a) Method Seeding Operation: (a) Method: drill K , (b) Approximate dates Interseed (c) Clean tilled broadcast F lrm seedbed "" Stubble cover - (b) Drillspec;ngetr/L"(c) Date/e/ Olga, d • Interseed Type Gleo:S (d) plant ng depth, %3 Other - Fart'il lzer: i.eaf,¢cir n9 '2;c" S#/ Misr. Weed Control: Pounds actual per acre N2 (available) P205 Mowing: ----X. — K Chemical: Type & Amount: /L ! c1.44:1-5 / Dates: .//n e4aeta JGE a6faeJ .SCS •St�•nJ 4 i10N.nf stoma it etas' t es/,s6/.s� reaa Ind .942-e-i71-/t-?4%77J • SeLd,n'f hoeing j-ittartwe t thiee(iYeats, Kind: Mew wit., wetbs ?Rc $rrl�/e"4& l leave. Amount: pounds/Ac 9.- A rts/utile he,9At.G{ � � How-applied: a/O��./amok elf 3e ch4f tAlonte�aot<.uees tbt/fy How-anchored: / // I SiC.O»�Rd/led I Pt 3 t• Anchorage depth: Odds 'A#e/d !/ ri MeJ Seed: (1) (2) Required PLS rates % of species Variety Specles per acre (100%) In mixture _4444A. Jos A ?t/ SS / 30 V. ..LI 1 n fie O X Sada.Aa tl/ka 2. 0--i Green✓n//e: Si✓;tr,/+6ayss S ?-fl (3) (4) (5) PLS seeding rate Total PLS Ibs/ per species/Ac. Planned species planned (1)x(2) Acres (3)x(4) ii%• g O .5 / .0 Remarks: fit;Jfused s/ic.c/J 6e deftkle title- 9esns cital win arleiVie in fail/ley/ da% 4_1., < en_ctie .rrd. Been .1a4 ,/s. s ad If. surd Joni ro .iGil Sir. / )91.5 - Ant L;re fad .Jf' 1 UNITED STATES DEPARTME Nh OF AGRICULTURE Technical Guide Soil Conservation Service Section IV Colorado All Field Offices February 1982 STANDARDS AND SPECIFICATION MULCHING - 484 (Acre) Standard Definition B. Straw or Hay Mulch Applying plant residues or other 1. The material will be grass materials not produced on the site to hay or cereal grain straw (both the soil surface. referred to as straw in these specifications) . Purpose 2. The normal rate of appli- To conserve moisture; prevent surface cation shall be 4,000 lbs/ac. of compaction or crusting; reduce runoff air-dry material spread uniformly and erosion; control insects; and help over the area. establish plant cover. 3: At least 50% of the mulch Conditions where practice applies by weight shall be 10 inches or more in length. On soils subject to erosion on which low-residue-producing crops, such as 4. The straw will be free of grapes and small fruits are grown; on noxious weeds. critical areas; and on soils that have a low infiltration rate. 5. One of the following methods of anchoring the straw mulch will be used: Specifications a. Manufactured mulch Ai General netting: Mulch netting will be pulled hand tight over straw. 1 . The area shall be relatively Mulch netting will be held firmly smooth and free of gullies or drifts. in place by metal pins commer- cially available from mulch net 2. Mulching material shall be manufacturers for this purpose. applied immediately before or after They are usually made of 8 guage seeding unless seed is applied with wire and are 6-8 inches long. Pin the mulch. When stabilizing sandy spacing will be in accordance with soils it is recommended that seeding the manufacturer's instructions. will be done after mulch application If the soil is sandy or otherwise to prevent seeding too deep. For loose, use longer pins and wooden additional information refer to stakes to firmly secure the Agronomy Technical Note #47 (Rev. 1) . netting. rr TCN #182 2/82 t . 484-2—Mulching b. Asphalt: Either liquid or emulsified asphalt products may be blown on with the straw, or sprayed or sprinkled after the straw is spread. An application rate of 0.10 gal/sq.yd. or 500 gal/ac. should be used with the liquid asphalt and a rate of 0.04 gal/sq.yd. Or approximately 200 gal/ac. should be used for the emulsified asphalt. Manufacturer' s recommendations should be followed in the mixture of asphalt and carrying agent. c. Other products are polyvinyl T acetates and organic tackifiers. d. Mechanical method — special equipment is manufactured specifically for this purpose. However, if a "mulch crimper" is not available, a farm type disc plow can be used by setting the disc straight and apply adequate weight to crimp the straw 4 inches into the soil. C. Jute Netting A heavy woven jute mesh designed for mulching. Install in accordance with the manufacturer's recommendations. D. Excelsior Mat A wood product covered with a plastic netting. Installation will be in accordance with the manufacturer's recommendations. E. Erosion Control Fabric or Blanket A biodegradable polypropylene material constructed with knitted yarn interwoven with strips of paper. Installation will be in accordance with the manufacturer' s recommendations. F. Feedlot or Barnyard Manure 1 . The manure must be of a type that has 60% or more, by weight, heavy chunks 5 inches or more in diameter. Granular or powdery manure will not meet specifications. 2 . The minimum rate of application shall be 20 tons per acre spread uniformly over the area. 3. The manure will be applied immediately before or after seeding depending on conditions determined by the technician. T r. TGN #182 2/82 Mulching (acre) 484 Planning considerations for water quantity and quality Quantity 1. Effects on the water budget, especially on volumes and rates of runoff, infiltration, evaporation, and transpiration. 2. Variability of the practice's effects caused by seasonal weather variations. 3. Effects of increased cover on soil moisture. 4. Potential for changes in plant growth and transpiration because of changes in the soil water volume. Quality 1. Effects on erosion and the movement of sediment and soluble and sediment- attached substances carried by runoff. 2. Effects on the visual quality of downstream water resources. 22012'' SCS Supplement October 1988 EXHIBIT G WATER INFORMATION General Information The proposed mining operation is located in the Boulder Creek Basin and is adjacent to Idaho Creek, a small tributary that runs parallel to Boulder Creek near the confluence with Saint Vrain Creek (See Vicinity Map) . The mining operation will expose groundwater and will have an impact on surface and groundwater in the area. However, the proposed mitigation plan as outlined in this exhibit does minimize the impact to the hydrologic balance and protects water right users as required by Colorado Water Law. Idaho Creek has historically served as an irrigation structure for area farms. It does not have a significant drainage basin at this location but relies mainly on diversions from Boulder Creek and return flows. The Idaho Creek basin is traversed by numerous irrigation ditches that would intercept most of the runoff generated in the basin. It is also downstream of the City of Boulder wastewater treatment facilities. As such, this creek is not pristine in nature nor is the water quality particularly good. There are approximately 22 decreed surface and groundwater rights in the surrounding area that are identified. Most of these rights are irrigation ditches that claim their source from Boulder Creek. There are some permitted wells in the area that are listed by owner in the State Engineer's Office. Figure G-1 is a location map of all decreed or permitted water rights within a one mile radius of the property. Surface Water The area is within the Boulder Creek drainage basin. Idaho Creek is a minor creek that is artificially fed water from Boulder Creek through a diversion structure. The project site is located 1 .6 miles (8,300 ft) downstream of the diversion structure. There are numerous irrigation ditches in the area that intercept stormwater runoff. Idaho Creek now serves the area as a large irrigation conveyance structure and also intercepts irrigation return flows in the area. There is very little flow in Idaho Creek during the off- season for irrigation. All surface water eventually reaches St. Vrain Creek and the South Platte River. As such, all water rights in the area come under Division 1 administration. The property lies within Water District 6. G-1 ' (3R9 i; 4J FIGURE G- 1 •892 .. 17 ere 6 - 16 � /404 9/_ r ,, AIL\/\/) .'Ij ��'. Ii °ea 0, �:�: l o ; >i (----_,080 1Y° BM 11 • •• 19 4882 II II Q• \ �� 6' 2 • ff v •' 3 � • 1 8 I •�; _ • • I 21 , O 1 ,-----il;—� > ✓� r i22 / (y�, rc890—%/J.. „,;l22 4950 Y 2� � � , �.. 111 22 8 21 / %l v� ZQ � I 4895 i a :, C ( r-- 50 ,--j 9" i • aY::Y:' �„ ( er ; :'' Y p/ ' i - � 4940 e. L ho$e . i /I n ,/.. ° (1 . .CC +/ 9HNNli • /_ q I iii T'---->_� : 1• — — `- l51p 492]. i L ./ i ,. _ 0 ' ` �� 72,..t `\ I-WELL SHOWN :,4 ` � � I BY USGs �1 I / -,\ Th__ __}'I = DECREED \C R E E D \15 a r—Th r X -.- _ J #j.) i . Be WATER RIGHT 49sc v �44 • 5016 • • I.. .� is " A _..\ 1. I 1\ 1 . 4 it �/ ine r' o / li (i.P' � b - 5 `Y n � /if i \ ( ( diLi '..;..,:_t, L..„1„.21 _3 • • • j,--7C,;„,„...... V\ s ° NORTH 40Y� \ \ ` 1 __ __..k DumbIIEW y.! h. 1 1 .�7a T2N \ r .�I � BM I C_ M/NCRAL/ —.,,— 1 OAD'- 5015 • . . ' TIN ) 1 WATER WELLS . / G.Wititi.P,P2,-Esis.E.,..a. . 119110 Grant Street,Suite 410 AND DIVERSIONS 0•nver,Cobado .oz37 1703)152-1611 ,_J( k y' .•%a Groundwater The project is sited in the valley fill aquifer for Boulder Creek. It is a shallow alluvial deposit approximately 10 to 20 feet deep and consists of sand and gravel ranging in size from 12 inches down to minus 200 sieve .material. It is a well graded deposit between the 1-1/2 inches to 200 micron sieve. Normal transmissivities for the aquifer are expected to range between 100,000 gpd/ft to 180, 000 gpd/ft. This is based on pump test data for wells in the general vicinity. There was no specific data examined for the wells listed in the area. Test holes drilled on the property indicated a free standing watertable at a depth of 2 .5 to 4 .5 feet below the ground surface. There are 14 permitted wells located within one mile of the project site. The majority of these wells are located down-gradient from the project site. One well (No. 4 ) is shown as being located within 100 feet of the property. This well is located adjacent to Boulder Creek and with the relocation of Idaho Creek, as is proposed, would also be located adjacent to this stream. There may be some impact from dewatering operations on this particular well. The mining operation will be as hydraulically disconnected from the well as is physically possible. Mitigation of flows from this well may be necessary. The proposed mitigation plan is discussed in a later section of this exhibit. Floodplain Information The mining area lies within the floodplain of Boulder Creek as defined by the Colorado Water Conservancy Board. The high water surface elevation during a 100 year flood varies in elevation across the property from 4904 at the upstream end to 4898 at the downstream end. The Colorado Water Conservancy Board has an unpublished basin study of Boulder Creek that includes aerial photo mapping of the floodplain, HEC-2 data, and hydrologic analysis. This study adopted the following peak discharges at the specified return periods. Return Period Discharge icfs) 10-Year 2,000 50-Year 7,200 100-Year 11,900 500-Year 31,400 Boulder Creek has a drainage basin area of 440 square miles at the mouth. The streambed slopes range from 0.0035 ft/ft to 0.004 ft/ft. The stream channel is relatively stable in this area although some meander is evident in both Boulder Creek and Idaho Creek. G-2 0201 .9n Although the site would be flooded in a major storm, the mining operation is not expected to have any adverse impacts on floodwater elevations Project Water Demands The project will have water demands associated with both the operational and reclamation aspects. The mining operation will use a mobile crusher and screen plant. This plant will follow the mining operation. The operator proposes to mainly crush materials in the fall and winter months, although we do expect the operation to be continuous on a year round basis. Project water requirements would include moisture losses in mined materials, dust control for haul roads, wash waters used in screening and evaporative losses associated with exposed water surfaces. It should be noted the only time the project water consumption has to be replaced is when there is a call placed on the river for Water District 6. Evaporative losses from exposed water on lakes will be minimized because of the dewatering that will be done during mining. There will be a minimal amount of evaporative loss from the dewatering trench around the interior of the mining area. This amount is expected to be less than one acre-foot per year and will be covered in a separate substitute water supply plan for a dewatering well permit. Wash Waters The mobile wash plant will recycle water through a series of sediment ponds located on the property. The plant itself will pump water at a rate ranging between 200 to 400 gpm. There will be approximately 0.06 acres (three cells at 20 feet by 40 feet) of exposed water in the three cells of the sediment pond. A normal net evaporative loss for the ponds will be 2.5 feet per year which give a total consumption of 0. 14 acre-feet per year. Dust Control Dust control will require watering of all gravel haul roads on the property. Generally, the Air Quality Control Division requires the roads to be maintained to a specified moisture content specified in the permit. There will be approximately 1,200 feet of haul road that will be actively used. The road would be watered on the average three times per day with an application rate of approximately 1/8 inch per watering. If an average of one hundred days of watering is done per year, 0.70 acre feet of water would be required. G-3 x' '012`"s •J�'1 Moisture Loss in Materials All of the mine material hauled from the site will contain moisture from groundwater and the washing operation. Generally sand and gravel contains a 4% moisture content after it has been left in a stockpile for at least one week. This amount is the accepted industry standard for replacement. The volume of material mined is market driven and will vary from year to year. An average year is expected to produce 160, 000 tons of material. This will consume 4 .71 acre-feet of water. Evaporative Losses The proposed mining operation would create a lake with a water surface area of 58 . 7 acres. This would be the final configuration and would only occur after the dewatering pumps had been stopped and the lake allowed to refill. When the lake refills, the average annual evaporative loss will probably range between 2.0 to 2 .5 acre-feet per acre. Therefore, the expected depletion that must be replaced would be 117.4 to 146.8 acre-feet. There is an allowance for historic credits for evaporation due to historic groundcover. Therefore, there should be some additional credit allowance in the water balance. The high groundwater table would justify a credit of at least 12 inches of subirrigation which would reduce the net evaporative loss down to 58.7 to 88.0 acre-feet. The mining project will also be straightening Idaho Creek to optimize the mining of the resource. In doing this, approximately 1, 120 feet of the creek will be eliminated which in turn reduces evaporative losses to the stream system. It is estimated 0.26 acres of exposed water will be eliminated which would equate to 0 .64 acre-feet per year reduction in the liability for augmentation. The total consumptive use of the project during mining would be as follows: Description Consumptive Use Process Waters 0. 14 af Dust Control 0.70 af Moisture Loss 4.71 af Evaporative Loss 88.00 af TOTAL WATER CONSUMPTION 93.55 af (maximum) The evaporative loss will increase in a linear advancement as mining progresses. As long as dewatering is continued, there will be no losses due to evaporation other than evaporation from exposed water in the dewatering trench. G-4 02 Os es> Stream Channel Stability The proposed mining operation will straighten Idaho Creek as it runs through the property. This creek is in reality a man-made structure that carries irrigation water. Flow velocities in the channel have been estimated at 2 to 2 .5 feet per second. The stream channel slope is 0.0022 ft/ft which is within the range normally expected for irrigation ditches. The straightening of the channel will increase the slope through the property to 0.003 ft/ft and in turn a velocity of 2 .3 ft/sec that would occur during high flow (50 cfs) would be increased to 2 .6 ft/sec. This is not a significant increase in velocity and would not cause instability in the stream channel. There is no reason to expect an increase in sediment load downstream due to this shift in alignment. project Water Rights The property owner has decreed water rights that are associated with this land. The rights include the Carr Tyler Ditch, the Tom Delehant Ditch, and some Big T water. Copies of the decrees and some recent diversion records are attached as proof the water rights exist. The Carr Tyler Ditch has a decree for 32.53 cfs and derives its source from Boulder Creek. The ditch diverts approximately 278 acre-feet on an average annual basis. The property involved has a right to 1/16 of this ditch. However, the Kobobel property has historically diverted approximately 25% of the water available from the ditch because downstream property owners do not use their full allotment. The ditch can expect to divert 70± acre-feet on a long term average. If a 50% consumptive use factor is applied to this water, then 35 acre-feet would be available for uses associated with the mining operation. The actual consumptive use would have to be determined through an engineering study of historic usage. The Tom Delehant Ditch also diverts from Boulder Creek and has a decree that has been cut back to 10.0 cfs through abandonment. This abandonment procedure took place in 1984. The ditch diverts approximately 370 acre-feet on a long term annual basis. The property involved uses approximately 33% of the ditch and can expect to divert 122 acre-feet on a long term average. If a 50% consumptive use factor is applied to this water, then 61 acre-feet would be available for uses associated with the mining operation. The actual consumptive use would have to be determined through an engineering study of historic usage. G-5 Based on the information available, the amount of water available would be 96 acre-feet. A substitute water supply plan would be used to administer these rights in the first year. The plan would use the Carr Tyler Ditch and the Tom Delehant Ditch as the source of water for replacement of consumptive uses attributed to the mining operation. Mitigation Plan for Wells Impacted by Dewaterinq The proposed mining operation will cause a cone of depression in the groundwater table. The dewatering of the pit would probably cause a lowering of the groundwater table to a distance ranging between 2 , 000 to 2,500 feet. This is a rough estimate based on past experience in similar situations. There are some mitigating factors in the impacts because of other mining operations in the immediate vicinity. Western Mobile has a pit adjacent to the proposed mining operation that will intercept any drawdown impacts downstream. Boulder Creek lies very close to the west and will serve as a hydraulic barrier to any impacts. There are several wells identified on the USGS maps that were not found in the State Engineer's files. These wells may be non-permitted and existing or possibly abandoned. Based on the decrees and the locations of the wells in the area there would appear to be no more than two wells that could be impacted by the mining operation. The operator proposes the following steps will be taken to monitor groundwater levels and mitigate well owners that might be injured. 1 . Three monitoring wells will be installed to bedrock around the perimeter of the property. These wells will be used to measure fluctuations in the groundwater table during the mining operation. Readings would be taken on a monthly basis. Construction will consist of two inch diameter PVC slotted pipe with a gravel pack around the casing, locked cap, and sealed at the top from surface water contamination. 2 . Well owners would be notified of the mining operation and asked for permission to take initial readings on their wells for depth to groundwater. If permission is not granted, then estimates based on the State Engineer's records will have to be used. 3. In the event a well owner feels a well has been injured they may either contact the operator or the MLRD, the operator will examine the monitoring well records and the location of the claimed injury. The State Engineer's office will be given the opportunity to participate in the review. 4 . If it is determined the well is injured due to the mining operation, then the operator will look at several options for mitigation. These options will be: (� O 2;O12' G-6 A. Cleaning the existing well, lowering the pump or possibly drilling the well deeper. B. Drilling a new well to a different aquifer. C. Supplying water from an alternate source. D. Designing a recharge operation to replenish the aquifer in the immediate area of the well. Any of the described options will be used depending on the situation and the costs involved and their effectiveness. NPDES Permit The operator has applied for an NPDES permit under the rules and regulations of the Water Quality Control Division of the Colorado Department of Health. The permit will come under the statewide permit that is administered by the Health Department. A copy of this permit will be submitted to the MLR') when it is received and prior to discharging. 404 Dredge and Fill Permit The present mining plan does not intend to place any fill in wetlands and as such will not require a 404 permit. A wetlands delineation was done for the project and has been approved by the Corps of Engineers. Since no wetlands will be filled during mining or reclamation, no Section 404 permit is required. Stormwater Discharge Permit The operation will be classified as an industrial site and as such requires a stormwater discharge permit. Since the issuance of these permits is still unknown, the operator will commit to applying for a permit when it is clarified what is required for the application and the type of permit whether individual or general is allowed. G-7 S i 2�ra WATER RIGHTS WITHIN ONE MILE OF PROJECT SITE 1 . Flatiron Paving c/o P. O. Box 21588 Denver, CO 80221 2/3 . Ervin Olson Longmont, CO 80501 4 . Leslie Williams 8876 Rogers Road Longmont, CO 80501 5. Carl and Hansel Kennedy 910 South Dexter Street Denver, CO 80222 6/7/8/9. Stromquist Farms 12189 Oxford Road Longmont, CO 80501 10. Joel R. Marquardt Route 1, Box 135 Erie, CO 80516 11. Robert J. Grigsby Route 1, Box 151A Erie, CO 80516 12 . Warren Venyard Box 144, Route 4 Longmont, CO 80501 13/14 . Milton H. Nelson 2040 Longs Peak Avenue Longmont, CO 80501 15. Frontier/Willaims Pit P. O. Box 17130 Boulder, CO 80308-7130 16 . Carr Tyler Ditch 17 . Nelson Lake No. 1 18. Smith Emmons Ditch 19. Kennedy Well 20/21. Highland South Side Ditch ;01 D 22 . Tom Delehant Ditch • IN THE DISTRICT COURT OF BOULDER COUNTY, COLO, Jt 7) .,. u:..-�-,_ Ditch ` 1 The .... In the Matter of the Priority of Water Rights. • To the District Court of said County: Pursuant to an Act of the General Assembly of the State of Colorado,approved February nth, 188 t, entitled:"An Act to make further provisions for settling the priority of rights to the use of water for irrigation in the District and dN Supreme m e Courts, and for said Court 1fur t,'8,f: ..I record of such priorities,and for payment of costs and expenses incidental thereto:* I, Water District Number Six,having,after due notice,as provided in said Act,taken all evidence offered touching the priority of right of _ - t fully said iforetaken by any former said Re Referee in said District having closed under the provisions of an Act,the titl of the which is recited ii,section testimony four oflhsi d Act C. ) Mt. And having made an abstract of all said evidence,testimony and proofs concerning said ditch,do hereby find and cwt•; I of re February inch, report,touching the priority said rights of said n s e: I. That the name of sod ditch is . ... �• a. That said ditch is in water district No.Six. �- r . �1/ !'t J! yay ` Y That said ditch in awned and claimed hy.the...(�/ LN .�/•F4.6 rR-ft% y, That the Postofficc address of said owner la. �� p-e,rat z�t�� j 6 • d. That the natural course of said hitch � • plt .a 7. That the ad-g stream os from c which saida ditch is suppliedpIg aside., Ad e. n'.O "T /�� v :1 8. That the head-gate of said ditch is located at or ands�Asra:/f' feet.and in dgnh...,�� feet. ,WV%P That f.'Ha aa1 siditch orig.••...and is le width....... !r ) a...nul that said ditch was extended the P That the length of said ditch a onginali a and the lengted was..%yam%/. ed miles; 1 Jay of the length of said ditch 5s then extended was tad the length Jo! said ditch 'd ; Jay of p s ,length 4f/stfth �[ that said ditch was again extended the 7/022,�J/ (/ ior/%'. as then extended was miles:that the length of sa� ditch at present is. R 'N� inches that said d ch was enlarged on the.......... ri so, That the width of said ditch as originally h constructed was 9 inches; that said ditch day oI' and the width of said ditch as then Enlarged was inches: was again enlarged the day of and the width of said ditch as then enlarged was ...day of ......... ....and width of said ditch as then en- i� 9 that aid ditch was again enlarged the;.that the .i ... Y t Inrged t inches; the width of ditch at neat rt.,.r.y y....inches. psLws/that said ditch was enlarged on the �, It. That the depth of said ditch as originally constructed'd the depth of said ditch as then enlarg.d was day alas and the depth of said -71` day of inches;ih e n ditch was again enlarged on the day of filch as then enlarged was inches;enlarged said ditch was again enlarged on the ...inches;that said ditch was again enlarged and the depth of said ditch as then enlarged was and the depth of said ditch as then enlarged was on the............. day ateof [ inches,that the present depth of said ditch s.. ... n. That the node of s ditch as originally constructed was...d now is ..•.inch ...to sha r.p0 and under the several en- largements and extentions a was inches to and now is fe.fi..inches tot mod.0.'CoG!as 53. 'rn,'t the date of appropriation of water by said prop as originally g �zr cobs twee of the per second of t me:and the date ss y ,� ../f6f.and by such original construction said ditch appropriated.o.[/7r. as enlarged secondly,the6 day of a i first enlarged was theits enlarged thirdly,the . . - day of (lay of arse and as enlarged fourthly the day of i. , £4. That the number present es of said ditch under •1�e cubic feet of water per second of time. r t5. That the number of acres of land lying under and being,or proposed to tin irrigated by w��a}}er ifrom,said ditch,is.��'G �- Ll.eki........l% acv •' itarsr•�1!s!rl-' t ,GFI/�JFG/MN�v� j accessf 6. That the number n s i6. That the number of eirtch,according to priority o�!a • pna inn Of water made by the original m str coon thereof, J ? �ZY.r,2 .�cv.r. . read reJ/4-v V t� , ....0 -£.5. a�' arfrLsa.,f�r-uiC�.... : . . � .kM"! n:ecor. ,r(" ,".0P-6.,2— ),AS. N. NORTH, Ref,r-e i btu rf /dam r. STATE OF COLORADO, l se y j.-. County of Boulder. fe t I, FRANK V. KIRK,Clerk of the District Court of the Eighth Judicial District of the State of Colorado. in full and for fo'rt the k^u°Plne 4:74 j Boulder,(said County having been formerly in the First Judicial District,)do hereby certify the foregoing '+5 copy of certain findings of Referee of said Court,made and entered of record in said Court in the mailer of a Vf certain Staten for Coi.heo,as E's 1 judlcation of the Priorities of Right to the Use of Water for Irrigation in Water District Number. x- i the said findings now remain on file and of record in my office, IN TES•TI\IONY WHEREOF, I have hereunto ignad my name as such Clerk,and ,1 have affixed hereto the seal of said District Court. at my office at t e Eaky of .••,,....I Boulder,in the County of der,and State of Colorado,this.....671.C. day of the month of .....in the year of our Lord, one• ,. thousand nine hundred, r3 , a-u1C H—k• oat Coon. ..k.f.- (/ attIcIa -£ 1e 1 -- 'sac's.. a C'rfC'012 r , .i • r •-. I r A I 't:Sr' ., • i ro`. .4 3',` 6 f :jn. O ,C E mw°, C .r - # . a `o v • Ny. V_ .. +� c s NEHie `r j o a. Z Z -5 a O a a y 3 E o d e s C o wr gg N - Q . --', ₹ `ti is-:"r :-..`i- ^ {{3� it ''td s , t«��;u i STATE OF COLORADO, i ' County of Bouldn•. 88' IN TILE DISTRICT COURT, i� 4 In the Matter of the Priority of Water Rights in District Number Six. •p.}»p ,. ., 17 r The. S—e---4-.'1-c..2 s--7Y— Ditch. a.2 ',r • By Original Construction No.._. 2.i V J j " Fiat Enlargement No .... ' 9 a �j �.��/ F ti .r Second No Ud�r*tGi[�-✓ 44 1 . Third " No k'' .� " Fourth .4 No '+4•. , w„ 1 I, JAMES M. NORTH, by virtue of the order of said (burl Referee in the matter and muse above stated, }fir having from the testimony offered in said cause,or in any manner appertaining thereto or affecting the same, made yr a separate findings of all the facts connected with the priority of rights to the use of water for irrigation of said 1 and having reported the said evidence,the abstract thereof and findings therein to said (Wirt,have prepared the fol. 'fs # ou 1 lowing draft of a decree in said muse, said decree being in accordance with the said findings,and do recommend that I . 1 the same be approved by said(Hirt,and entered of record in said cause. 1 Ise car sideration of the premises,and the evidence and findings in said muse,it is hereby determined,adjudged - and decreed: a 1. That the said Ditch is supplied front ��/l1?-C�'c''��.v ^ "^ e,a'�C.,_ r.. 3 a natural strewn of said State and !Voter District Number Six,and by virtue of the original construction of said Ditch c and the appropriation of Water thereby is, in consecutive order, Number -- ; that by virtue of said , .'original termination and appropriation of Water,said Ditch is hereby adjudged and decreed c-52...../..2 .. ' . • cubic fed of Water from said stream for / e each second of time as of the priority of the J day of ..T 18..4.0 1 w 1 '., M 4=1. .i ; " 1 t-:v 1 • (Signed) JAS. M. NORTH, Referee. �{iy.ys.,...4 S ' ' S J� 1 (j s. ;>;`. j 7'446z <; L.t° j ”r.At a 1 li;STATE OP COLORADO,1 -v t County of Boulder. N. IN TEE DISTRICT COURT, , '' The Ye(Cr/c/- Term. 188':-- ,ytt a above matter and cause having been brought ones.heard on this o2� day of �+r, t tc t 188..PTV-1U said Term of this Court by the order of the Court as provided in ,e g the Statute,and the Court having heard all parties interested who have appeared either in person or by counsel,and *�,y . who have moved exceptions to any matter in the findings or decree of the Referee appointed herein does hereby affirm r:+ 1 the said findings and dearer,and order sal decree to be entered of re.•ord in said cause.. w•t A7I ' Done in open Court this d day of -� Imo. — `w. r;7*'. 1 -By the Court, " 'ti 1 (Signed) CHESTER C. CARPENTER,[SEAL] , _1 Judge. ' c. I a _Ik ,•E I F a S' 2 a `-:;:-,.f, /,' n ' e o t I p ,a 5 'r, u }o}� 1� 0 ; s ti O e `M I 4S tC . 1, w s w f r W 5 U .._, a O 4 q t F STATE OP COLORADO,1— • County of Boulder. J I, EUGENE WILDER, Clerk of the District Court of the Eighth Judicial District of the State of Qdorndo, - in and for the County of Boulder, (said County having been formerly in the First Judicial District,)and,as tug •, Clerk,custodian in fact of aU the records and papers which are of said District(burl,do hereby ratify the foregoing to be a full, correct and\eomplete copy of a certain Decretal Order of said Cturt,made and entered in said Court on the ,p .o,..,S day of the month of 000-r-e„...--e.--/ ,in the year of our Lord - . ..... G l ZUe —the said day being a juridical day of the 5----r.....--c i. • thousand eight hundred and eighty- /T+ Term of said District Court in the year aforesaid—in the matter of a certain petition for the Adja ration of the IWorities of Right to the Use of Water for Irrigation in stater District Number Sir of the State of Colorado,as the said Dec•etal Order now remains on file and of record in my office. IN TESTIMONY WREREOt, I have hereunto signed my name as such (Rik,and e1 have affixed hereto the seal of said District Court,at my office at the Qty of s BoWder,in the County of alder and State of Colorado,this ...."..r— , Ys _.. day of the month of.... in the year of our Lard one thousand eight hundred and eighty-seven. a'.... . Clerk District(butt. tip • • i • Tuttle Applegate, Inc. Consultants for Land and Resource Development Kobobel Property Water Information Diversion Records for Water Rights Carr Tyler Ditch Usage 25.00% Tom Delehant Ditch Usage 33. 00% , Carr Tom I I Tyler Kobobel Delehant Kobobel I Total I Water Ditch Diversion Ditch Diversion :Diversion I Year (af) (af) (af) (af) ; (af) I 1981 118.80 29. 70 154.40 50 . 95 I 80. 65 1982 451 .40 112.85 I 419 .80 138 .53 251 . 38 1983 273. 20 68 . 30 I 243.50 80. 36 I 148 . 66 1984 320 .80 80 . 20 I 356.40 117 . 61 I 197 . 81 , 1985 239.60 59. 90 ; 421 .70 139 . 16 ; 199 . 06 I 1986 243. 97 60 .99 I 426 .45 140 . 73 I 201 . 72 1987 105. 13 26. 28 I 315. 38 104.08 ; 130 . 36 I 1988 281 . 66 70.42 I 416.54 137 .46 I 207 .87 I 1989 355 .05 88.76 529. 59 174. 76 263. 53 I 1990 388 . 77 97 . 19 420.50 138 . 77 235. 96 I AVERAGE 277 .84 69 .46 370 .43 122. 24 191 . 70 I MAXIMUM 451 .40 112 . 85 529.59 174. 76 263. 53 I MINIMUM 105. 13 26. 28 154.40 50 . 95 80. 65 Total Diversion for Property = 191 . 70 ac-ft Consumptive Use @ 50% = 95.85 ac-ft 2:6,0127, EXHIBIT H WILDLIFE INFORMATION The Idaho Creek Resource is located along Idaho Creek, an irrigation waterway. Due to long-term farming along this stretch of Boulder Creek, there are no substantial cottonwood/willow groves. The large mammals move through this area to upstream Boulder Creek and St. Vrain Creek. Animals known to frequent the area are deer, pheasant, rabbits, muskrat, beaver, opossum, dove, waterfowl, raptors, magpie, and songbirds. Without good roosting trees, bald eagles do not use this specific area but are sighted along St. Vrain Creek. No critical habitats/vegetative communities will be impacted by the mining. H-1 0::'fill 'y-: EXHIBIT H • MINED LAND WILDLIFE QUESTIONAIRE for limited impact and select regular mine applications 1. Name of Company/Mine: Idaho Cneeh Resauhce 2. Name/Address/Phone of Contact Person: Pam Ache, Tuttle Applegate, Inc. 11990 Gnant Street, Suite 410, Denver, CO 80233 (303) 452-6611 3. Location of Mine: See Attached Exhibit A S Exhibit S (County, Township, Range, Section to nearest quarter quarter; Exhibit A-MLR appl.) 4. Nearest Town/General Location: Due - 5 mites S.S.W. ob Site 5. Land Ownership (Circle) laSiall 2. BLM 3_ USFS 4. Other 6. Present Land Use: Agnicuttuna2 7. Proposed Final Land Use: Puvate RecneatLon 8. Type of Operation: 1.4;1:00:IDID 2. Underground 9. Minerals being mined: Sand S Gnavet 10. Number and Description of Surface Acres Disturbed by Mining/not including roads (Exhibit D-MLR) : 70 Ached D.istunbed (68 Aches Mined, 2 Ached Haut, Stockpile S Plant 11. Miles of roads to be constructed: 8/10 Mite 12. Life of Mine (years): 10 yea/A • 13. Description of Operation and Reclamation -- Additional sheets may be attached (Exhibits B 6 E—MLR)Mining to begin .in Phase I_ (S.W. conne2 ob site) Topsoil S ovenbunden will be stockpiled .in phase II area. . Teaounce wilt be pnoceased . at a portable plant that will mope with the miming (see exhibit D' Ion conceptual plan) . A ten one.area -cS .uuAhed be ,ng mine G that anew will have xectama ton begin. i.e. nadinq topsb-itinq seeding of 6honiiine anew This reclamation ^*ll arrun wh1Pe mining • .is continuing £n.the next area. 14. Please enclose Maps of Project Operation, Disturbance Areas and Reclamation (Exhibit C.) This will expedite processing. Your cooperation is appreciated. . 4 IS. Prenared bv:Pam Acne n,.=•8/21/91 MINED LAND WILDLIFE STATEMENT/EVALUATION (Revised) for limited impact and select regular mine applications The following information pertaining to wildlife is provided for use by Mined Land Reclamation Board in their consideration of a mining permit for: Idaho Creek Resource, Sand & Gravel. SE}, SE}, Sec 20, & the SW} SW}, Sec 21 T2N Name/Type and Location of Mine (Legal) R68W, Weld County Wildlife Species list: Deer, coyote, fox, raccoon, opossum, muskrat, beaver, rabbits, mink, pheasant, dove, waterfowl, shorebirds, raptors, magpie, and numerous songbirds and small rodents. Endangered/critical species/impacted: No known threatened or endangered species. Critical habitats/vegetative communities impacted: NA Assessment of impact: Minor-area is presently under row crop cultivation. Mine Reclamation recommendations (include key species/habitats for which restoration is designed) . Concur with plans as stated in the reclamation plan. However, it should be noted that open water in areas such as this will attract waterfowl and shorebirds. Prepared By: (L/ Date: $1777 Submitted By: Date: This statement is void if not processed within 1 year. C%-Pia_.-Ad. n This analysis does not constitute approval of application. Page 2 of 2 EXHIBIT I SOILS INFORMATION The following soils information was obtained form the SCS for this specific property. I-1 2,;;;W„2,7; EXHIBIT I 41 47 1 x. • 1 I, *-c••• Cr., is: �( 'M 114 — 21 7u ^• -n k A 52 ✓L•.: ! - 4 2 :, V ' 4L' s ,.. .., ff R / - 10. p r.:to -:' r • a y ` I .d ... F 52 a9 y, t � 'C I4. k. ..yrr ql s; . 53 l� . ' ..', G AO' y� Il 30 " k 6 30 4.. 47 ? 47 36 3"' 1 • .� s \y �r. 52 10( ®— ! ."' - 40 47 4 s q = r.. „99 .~.. k 52 to H1 a 4 4 - . y _• . ,, , ' 48 3 a 47 #4 �. O ,¢,,. - / so 7 52 .m.�w' r.,ao l 32 ` h •A H' a 4 •f< r 46 51 '1' �• -- ii, . e`� 4 \ 4~ ,.t 3 ' tFc. , Qi . r 40 ; 32 , X'./ ,8'f 'I1 38 ` fin• 17,��0. z ,• a, '2: 2 33 37 47 _ 4'' _ qs 48 ,4 ',jai: � n -47 • 4\ 37 40 r, . •Ml ''�f,. Y ` s 52 51 r 1 i47 * = I .:.. FF �. y. 48,: ,y 1 n a :e .1 n .!{'16 53 i% . {0". t. � f, ; 51 . T N 52 - /I { { , ice 44/' k i83 ' 4 * T1NIs .] ' ` r� i 48 7 ,., 40 a t�� y • �:.. • E%TENS1oN tk 47 y f t,cote"' #1 ` R' S fi• 48 .� .,. •..42 ! 4 40 ... ? :1.63 . • /� . 4. .. .66 �_ SOILS MAP • . 2 JED NORTH TUTTLE APPLEGATE. INC C..dtw N L r U...a o...r'.. - SCALE 1 : 24,000 ' 119 90 cram Street,35V10 410 Denver,colorado E023I (303)452-6611 C" 12 EXHIBIT I WELD COUNTY, COLORADO, SOUTHERN PART 4—Aquolls and Aquepts, flooded. This nearly level map unit is in depressions in smooth plains and along the bottoms of natural drainageways throughout the survey area. Aquolls, which have a dark colored surface layer, make up about 55 percent of the unit. Aquepts, which have a lighter colored surface layer, make up about 25 percent. About 20 percent is soils that are well drained and soils that have sandstone or shale within 48 inches of the surface. These are deep, poorly drained soils that formed in recent alluvium. No one pedon is typical. Commonly the soils have a mottled, mildly to moderately alkaline loamy or clayey surface layer and underlying material that ex- tends to a depth of 60 inches or more. In places they have a gleyed layer in the underlying material. Most of the acreage is subject to excessive runoff. The water table is at or near the surface in spring and during the peak of the irrigation season. These soils are used for rangeland and wildlife habitat. Some small areas are irrigated pasture. The potential native vegetation is dominated by switchgrass, prairie cordgrass, saltgrass, alkali sacaton, big bluestem, indiangrass, western wheatgrass, slender I wheatgrass, sedge, and rush. Cattails and bullrush grow in the swampy spots associated with these range sites. Potential production ranges from 4,000 pounds per acre in favorable years to 3,000 pounds in unfavorable years. As range condition deteriorates, the tall and mid grasses decrease, production drops, and saltgrass, sedge, and rush increase. The farming and irrigation in adjacent areas has increased the amount of salts on much of the acreage. Management of vegetation on this soil should be based on taking half and leaving half of the total annual produc- tion. Switchgrass, big bluestem, indiangrass, western wheatgrass, pubescent wheatgrass, intermediate wheat- grass, tall wheatgrass, and tall fescue are suitable for seeding. The plants selected should met the seasonal requirements of livestock. For successful seeding, a firm prepared seedbed is needed. A grass drill should be used. Seeding early in spring has proven most successful. Til- lage is needed to eliminate the undesirable vegetation. Wetland wildlife, especially waterfowl, utilize this unit. The wetland plants provide nesting and protective cover as well as some food. The nearby irrigated cropland, where wildlife obtain much of their food and £md protec- tive cover, makes this unit valuable to both wetland and I openland wildlife. Openland wildlife, especially pheasant, use this unit for cover and nesting. Deer fmd excellent cover in some areas. These valuable wildlife areas should be protected from fire and fenced to prevent encroachment and overuse by livestock. They should not be drained. Capa- bility subclass VIw; Aquolls in Salt Meadow range site, Aquepts in Wet Meadow range site. EXHIBIT J VEGETATION Existing vegetation cover on the property consists of crop fields along the eastern one-third ( 1/3 ) of the site and pasture land on the remaining two-thirds (2/3) . Lowland areas along Idaho Creek have plant cover consistent with that found in a flood plain such as Canary reed grass, rushes, and other wetlands plant species. There is no tree cover on any of the property. Reclaimed shorelines will be used for recreational purposes and will be planted with grass species that are suitable for such uses. J-1 _ 92; 9'.2 w I1 EXHIBIT K N • CLIMATOLOGY REPORT NO. 77-I . , I P O T 2 S 4 COLCRAD3 CLIMATOLOGY OFFICE 1 LVi�u 2E SE r5 5116 COLORADO STATE U11IVERSIT'Y FT. COLLINS. CO. 00523 • ilTEMPERATURE I F1 PRECIPITATION (INCHES) . E•7PL`ES YE .::r.• :7 :A+S S .:4 S.EL7 YEA.1:: 5.7 :AIS . •' P.S M:1: 2 t �, kE :':F 3 rw ` 2 ypy ro `y { ` ss Lr. 0 yyy :five 7<+y w- Y' P= OZ t ISV F. O[� O� OS O� < 1 w w z M•� s u6 I ri- ri r0≤ci o it 1 .m. :2.5 12.2 27.4 7:. 1455 13 -34. :6:5 13 0.0 6.6 50.4 5.3 .34 .52 1962 9 5.4 12. 1662 1C 1.5 .7 C 7Ei 43.2 :6.5 31.4 76. 1954 9 -36. 145: I 0.0 4.6 27.4 2.6 .45 .71 1957 29 6.5 9. 1954 9 1.6 .1 0.1 r:P 5:.: 2 35.7 9:. :457 30 -10. 164: 3 C.0 3.5 20.3 1.4 .06 1.45 1152 21 11.3 16. 1952 2: 3.1 .2 0.1 APP 6:.3 32.0 :6.7 94. 145: 22 -6. 1956 1: 0.0 .7 16.6 .1 1.26 2.70 1967 14 4.2 16. 1957 3 3.3 .6 .1 PAI -:.9 :2.4 57.2 91. 1966 29 24. 1562 I 1.0 0.0 1.0 0.0 2.53 4.04 1957 9 .2 1. 1957 16 5.1 1.2 .6 97.: 45.9 45.6 :05. 1954 24 32. 1651 2 7.0 0.0 C.0 0.0 1.76 1.90 1963 14 0.0 0. 0 0 6.5 1.2 .A ) .7.- 99.5 55.: 72.: 105. 195: 12 4:. 1952 9 15.5 0.C C.C C.C 1.19 1.45 1054 15 0.0 0. 0 0 3.4 .S .1 A.: 96.3 55.5 66.9 1:1. !459 9 39. :664 29 11.1 C.: 4.: 0.0 1.12 1.74 1051 3 0.0 0. 0 0 3.0 .4 '.1 SE' -9.• 44.: 61.1 66. 196: 1 20. 1645 24 3.C 0.C .9 0.0 1.16 7.43 1970 22 .1 2. 1959 29 2.9 .9 .3 i :: 47.1 37.3 5:.3 99. :967. 4 0. 196413 1.0 .3 14.2 9.0 .99 1.44 1969 4 1.9 11. 1969 12 2.5 .S .2 ..:-. 52.2 22.2 37.2 77. 1652 5 -14. 1952 27 0.0 2.9 20.0 .6 .52 .41 1945 26 4.7 9. 1956 20 1.6 0.0 0.0 NI :C 44.6 '5.5 3:.2 73. 19335 2: -15. 195: 24 C.: 5.2 30.4 2.5 .35 .55 1060 4 4.5 4. 1959 13 1.5 .1 0.0 r::_A: 44.23s 2 :9.' 37. 24. 176. 13. 12.4 39. 51. 4. 2. Illi PRECIPITATION NIlM PROBABILITY EOUAL OR LESS THAN PROP. u!9 0.0 OCT NOV DEC ANNUAL LEVEL JAN FEB MAR APR NAY JUN JUL 05 0.00 0.00 16 .06 7 al .2949 .17 .777 0.05 00 .14 9 00 6.15 0 .1J 0. 4 .27 .)M �Cn .70 .44 3 CAB .42 it .33 ( 0. ▪' .AA .t. .75 .94 .60 7 A 6 49 .an 21 1 2 a0 JI 91 6a 100 44 Yb 9!! .60 67 .47 29 {.1I!S it .23 29 .46 .O .16 2.54 1.771 1.19 if it 09 69 .5J 36- 3.04 60 •76 43 ) 00 C.IS .44 �b ,MA 09 .S3 5 5. • T 2. 5.352 I,NA 00 .0% 0 7�M7 N' 4101 .53 .6b •.3 7.02 5.00 4.1.7 0.60 1.4ti .55 121 .9) 7 9S .95 4.04 .24 l.77 6.73 •.25 J.v5 2.46 ].al QQ2 96 1.69 91 9.75 17 3.113 13 0.07 l�TA 9m43.05 t.10 9.00 9.200 00 9.00 00 9 a0 1.05 9 00 9.00 1 00 00.00 MIRED BA.MA O/STNIPOTION 011120 10 OLTS • WAPT PANAw1TE. .. 135. CPL`V PANA+f TF 0. N0. 07 HO..705 MAVP." 2r40 PwfE P IO•rUtot A: NO Of MONTM3 PEDIAM PPLC1P11A11011 AwOUNTS 6wE NDICATLO 41 t. .90 PR0OA91LITV LEVEL Ile _ ill I U 7lIMMO EXHIBIT L RECLAMATION COSTS Summary of Reclamation Costs Major Disturbance $23,078.00 Moderate Disturbance $ 7,350.00 Minor Disturbance $ 1100.00 TOTAL RECLAMATION COSTS $31,528.00 Proposed Reclamation Bond $31,550.00 Bonded Cost Per Acre $ 1,288.00 Major Disturbance Unit Total No. Item Unit Quantity Price Price 1 Backfill Shoreline Overburden C.Y. 4000 $1 .00 $4,000 .00 2 Backfill Shoreline Topsoil C.Y. 2000 $1.00 $2,000.00 3 Redistribute Topsoil to Strip C.Y. 6453 $1.00 $6,453.00 4 Scarify Compacted Areas Acre 5.0 $725.00 $3,625.00 5 Seed, Fertilize, Mulch Acre 14.0 $500.00 $7 ,000.00 TOTAL $23,078.00 NOTES/DESCRIPTION: Backfill Shoreline Overburden 1.2 acres (of 6 acres mining major disturbance) = 35 foot slope distance x 1533 feet proposed shoreline at 2 foot depth. Backfill Shoreline Topsoil 1 .2 acres (of 6 acres mining major disturbance) = 35 foot slope distance x 1533 feet proposed shoreline at 1 foot depth. Redistribute Topsoil to Strip 8.0 acres stripped to 6 inch depth. Scarify Compacted Areas 1.0 acre topsoil stockpiles and 4.0 acres overburden stockpiles. Seed, Fertilize, Mulch 1.2 acres mining, 1.0 acres topsoil stockpiles, 4 .0 acres overburden stockpiles, 3.0 acres stripped area. L-1 C(;,01.2r; Moderate Disturbance Unit Total No. Item Unit Quantity Price Price 1 Backfill Shoreline Overburden C.Y. 0 $1 .00 $0.00 2 Backfill Shoreline Overburden C.Y. 0 $1.00 $0.00 3 Redistribute Topsoil to Strip C.Y. 0 $1.00 $0.00 4 Scarify Compacted Areas Acre 6 $725.00 $4,350.00 5 Seed, Fertilize, Mulch Acre 6 $500.00 $3,000.00 TOTAL $7,350.00 NOTES/DESCRIPTION: Scarify Compacted Areas 1 .0 acre plant site, 5. 0 acres product stockpiles. Seed, Fertilize, Mulch 1.0 acre plant site, 5.0 acres product stockpiles. Minor Disturbance Unit Total No. Item Unit Quantity Price Price 1 Backfill Shoreline Overburden C.Y. 0 $1 .00 $0.00 2 Backfill Shoreline Topsoil C.Y. 0 $1.00 $0.00 3 Redistribute Topsoil to Strip C.Y. 0 $1.00 $0.00 4 Scarify Compacted Areas Acre 0 $725.00 $0.00 5 Seed, Fertilize, Mulch Acre500. 00 $250.00 10.5 $500.00 $250.00 6 Trees 7 Shrubs Ea. 20 $25.00 $500.00 TOTAL $1, 150.00 NOTES/DESCRIPTION: Seed, Fertilize, Mulch Reseed 0.5 acre L-2 Cam. r Ali27. EXHIBIT N OTHER PERMITS AND LICENSES The following permits are also required for this site: APEN , . , NPDES . . . EPA Stormwater Discharge Permit . . . Weld County Zoning and Land Use Permit We are currently in the process of applying for these permits and will submit the approved permits when they become available. N-1 EXHIBIT O LEGAL RIGHT TO ENTER Following are copies of the property deed and the lease agreement between the Kobobel's and Burlington Northern Railroad giving access to the property. 0-1 'r`01. e; • • ••to-7K • S.•1LEE SHEHEE, !R. Recorder, v '• j -. ' 9 Reception No 167.4g411 k lL M. N0V EE SHEH - CI r ri , • • 7521>' Recorded at ' RECORDER'S STAMP z i' THIS DEED. Made this 29th dny'of October I19 •75 between i to 0.4r MICHAEL S. SHAW and VIRGINIA N. SHAW, husband and State Documentary Fee •, .,'' i wife, Date NOV. 1_0_1975 �+ y ,l County of weld and State of of the '��l� ax, Colorado,of the first part,and '1!' 111'1 INIY+«. 1 i EDWARD KOBOBEL and MARGARET KOBOBEL, , l l calls, ,z_ .iand State of Colorado, of the second part: 1 �- of the County of Weld :.t.: \\'I'1'\I•:FSiti l'll. That the x:+iJ part lOS +•f the first part,for and in consideration of the awn of * 't 't * 7 ' I ) * * * * * * * * * * * * * * * * * * * , JO1.i,AitS, p. y • I . to the said part jes of the first part In hand paid by the said parties of the second part, the receipt whereof to i..,-01,a'I hereby confessed and acknowledged,ha: Ve granted,bargained,sold and conveyed,and by these presents do o grant, rever, not 0 n bargain, , convey u and confirm unto the folhe lowing described lot arties of the second part,arcel their heirs lr of land,situatesigns ,lying and j being tenancy in common but in joint tenancy, ,and State of I olorado,to wit: , J .. , : M1l ,I I in the County of Weld , t i r.... I� e�i n • SEE ATTAA I� EXHIBIT "A" ;y,,.i..t , Jn .-•1 1 al . ..Ir..p ..,r rills Sa C', •I 1+ - � . I ,sal II' , I I. i • 41,i1f .t &Tbffly riiS rip? x • .,, xlF. . j vklltlll 1• • � i t 1 •;i f b� Cf i1 :iii'!: • 1' " 1 44 pD.? ' •4 % IA, i-, 1 'cj I : kill t,f }" r: ofpi Li '� 'il'.. 4. 1' 1 , . yf11 1tltl „i I'v �I j _ I. , 'I It. .i,jt•, -fi u ' 4 „. 1 +, t • tWo, t• <,f 1 r It I b;r • • b x t,H� t I. il II i e�b ip'FY '��, j -s- • ' .-3.,,,_ — j 1gii ,9"•I tpil 1. 11 I, , [vfA• TOGETHER with all and singular the hereditaments and appurtenances theseAnto. belonging, or in anywise 1 `~-�� npprrluining, the reveraiml +mJ revcreim+s, remnindrM and remainders, rents, lasers and p fits thereof; and all the 1", __ •xtnt� ra t, title, interest.. vinim and drnuu,J what note.I'of the said part 105 of Lhr f xt Pnrt. either iu Inca nr equity, of, in and to the abort bargained premixes, with the hcreditnu,cnls and appurtenances. . •+f flair 4;4.the TO HAVE AND TO BOLD the said premises above bargained and desc ib{d,avith the ppu p met ap ce ,u r othisaid • 1- parties of the second part, their heirs and assigns forever. And the said partiesf grant,bargain and agree to and with sal Ves' their heirs, executors, and administrators do par the said parties of the second part, their heirs and assigns, that at the time of the ensealing and delivery of these pres- ents are well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance,in law,in fee simple,and ha ye go od right, full power and lawful authority to grant, bar- ; .1 gain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former nd and other s bargains, sales, liens, tnsubsequentt and years sby whatever of adjusnaturtIllent the except taxes for 1975 and Y grantees assume and agree to pay and subject to easements, reservations, .1.)'+ restrictions and rights of way of record, if any. ' 'I, , and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their heirs and assigns. against all and every person or persons lawfully claiming or to claim the whole or any part thereof, II. I the said part ies of the first part shall and will WARRANT AND FOREVER DEFEND. . 2I• IN WITNESS WHEREOF thu said part les of the first part ha�l Ve hereunto set t hand S ir and I 1 ' I seal S the day and year first above written. )0.0ae�eL01 (caid I I J• +v 10-.. ..".26 Signed,Sealed and Delivered In the Presence of (SEAL] tji f" Mi1'2c( S. Shaw t - , ... ./../..t -fi�'C() /D ? EAL]Shaw ' ;ANE A.��Q ,,... m..� • .;G.: (SEAL] �-,1j• ty13 ;r�)'•.COLORAD0 #.. /' Boulder }as. yy, •:.. ' -0mo.• .punty of 11 ..• 1 . life foUsgi�yardstr.neat was acknowledged before me this 29th day of OCtn}wr 'Li I ,S 19 *1.......t iehael S. Shaw and Virginia N. Shaw, husband and wife. t:.:..: O,P I ! r, 1 . My commission expires &IA: ✓5 ,19 /.S. Witness • my hand and official it I. k 1 7 cc..TT 7 1 ,(s, { • , �/�`J letti- warr P Nle. } .I10'4_ltfl� —— - I' 1.‘6\ No.921. WARRANTY DIKEDTo Mil To Ilrn.Ifor,l Puallshlo,•Co.1$2.1-.1i;MUM SI rrel,Mont.t.I,radii 1578.60111 11.74 ., i ' r - a , „„..2,7/•. .t „ `_• . • n / 2 ^ .e, Sir, •• , . { U • T f , i I I •"i." •!'"-— ! ei ,4tifstvu iII` i7�' 11�71'kaNf• 7 it I, ]•i.(:.:- i- V 1.. i .- i j ��+ I'' � \\ — I � • iii . • ' V?#�• ' s:.' • ' : 1x•t (+ � . 6 III : ! n n i .i.:‘,4- . ' EXHIBIT • I ' . t ':! :1: , Ai , i Range'.: The Northeast Quarter of the Northeast Quarter of Section 29, Township 2 North, . 68 West of the Sixth Principal Meridian; I and of Section 'That portion of the Southeast Quarter of the Southeast Quarter 20, Township 2 North, Range 68 west of the Sixth Principal Meridian, described as follows: (Considering the South line of the Southeast Quarter of said Section 20 as bearing South 8958'50" East with all bearings contained herein relative thereto;) Y is ,, a . . thenceCarrencalo ing at the Southeast corner of said Section 20; thence along the South line of the Southeast Quarter of said Section 20, North s^ 89D58'50" West 194.38\feet to the True Point •of Beginning, said point I' ' being on the Northwesterly right-Of-way line of the Chicago Burlington and e• Quincy Railroad Canpany; thence along said South line of said Section 20, North 89°58'50 West 1127.01 feet; • thence North 0U°01'10" East 164.83 feet;' thence parallel with said South line of the Southeast Quarter of Section 20, South 89°58'50" East 1242.74 feet, more or less, to said Northwesterly railroad ,` right-of-way line; thence along said Northwesterly railroad right-of-way line, South 35°05'40" West 201.41 feet to the True Point of Beginning; ler of I (Said tract also described as the South 164.83 West of et of the hhe Southeast ioad Quarter way) ; ei the Southeast Quarter of said Section 20 lying � �. •i County of Weld, .[t' c State of Colorado. • �'�. D • Except there tan the following described easement for ingress, egress and u' 114Q( : purposes describb'1-as follows: -.��, a 25 foot wide easement for. ingress, egress and utility purposes lying 12.59 :4...I feet perpendicular and adjacenCtca the following described centerline: I Range 68 ' nre{sciny at Ulu Northeast corner of Section 29 in the E s P1 of the Nor ]i , 41".4" West of the Sixth Principal Meridians"thience'along i east Quarter-of said Section 29, South 00°08'20'h Fast 151.07 feet -to the True (. lk thence South 64°30'04" West 297.82 feet, more or less, ,.., . I Point of Beginning;th Burlington and Quincy p,, i=.t1 to -the Southeasterly .right-of-way line of the Chicago � INw. Railroad Company; thence perpendicular to said Railroad right-of-way_. th I ] 'Y. 14 4 54°54'20" West 112.50 feet, more or less, to a point 12.50 feet perpe Northwesterly of the Northwesterly right-of-way line of said Railroad; thence alle ,d•,. with and 12.50 feet perpendicularly Northwesterly of said Northwesterly Rai “4‘4,J1 right-of-way line North 39°05'40" East 262.37 feet, more or less,to the Ill North line of said Northeast Quarter of Section 29; thence continuing north i `' 35°05'40" East through the Southeast Quarter of the Southeast Quarter of Section9 20; a distance of 201.41 feet to the Northeasterly terminus of said easement , ,' ng And accept Then in an undivided one-half inters in existimineral ne rights,' which Grantors reserve, together with right of ingress and egress pis ' I '..i';; • of exploration and development. •I ' 1, I TOGETIThR with an undivided one-half of Grantors interest in the decree of the r'r;• :. r `�' f !col Delehant Ditch. l i • I . e 1 t , .t III '] ,,Wy� yyii i i I ly; fie !Ir.I 1 a p' >UrtI'y I � � � j � '4t. l,:l �t ii {. • `r? 'Qs l'�:e r � I.rl;i I i.t I' 'i 'r rift 1it �I' I r ‘•l•(1�.' i 1. r {n >I r I � • t II 9 , I I I II itt . • ' 114 I .I 1. ✓.2;'13'1-2'`. Recorded at o'clock IL, , t'. . to Reception No Recorder. .art' n FILING STAMP 'i ' T• ins MEG, Made this 27th day of March . 197E . II between MICh AGL s. snmv, h ��ti,' '{ li -.i•t „i�t,, • I I . . fi" ',}r of the County of Weld and State of i + 4.4 64': Colorado,of the first part,and WILLIAM EDWARD ate moll and "''j MARGARET KODOBEL, whose trailing address is: 7909 Weld ' :11.y • it.... County Road #5, Longmont I ' ' :I it+ti:^:i i 1l, 0 5., . • of the County of Weld and State of I. I °t ` " i Colorado,of the second part: :', I. ''' 1 i� `t, WITNESSETII, that the said party of the first part, for and in consideration of the sum of I :Ii . '.•:f. — — — — — ♦ _ laila DOLLARS , ii H and other good and valuable considerations to the said party of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the said parties of second part, their heirs and assigns forever, not in tenancy In common but in Joint tenancy, all the following described lot State or .t.,,:•••parcel of land, situate,lying and being in the County ofJg i i of Colorado,town: All that part of the SE I of the SE * of Section 20, lying West of 1 t the right of way of the Qlicago,Burlington & Quincy Railroad Cotpany, except the I South 164.83' thereof; and all that part of the SW I of the SW 3 of Section 21 • lying West of the right of way of the Chicago,L'urlington & Quincy Railroad Com- pany, all in Township 2 North, Range 68 West of the Gth P.M. , Weld County, Colo- rado. . .lbgether with an undivided one-half of the grantors interest(as of Dec. 20, . .i;:'. }t 1977) in and to all oil, gas and minerals in, on or under the pranises.0 To- I (r. ',1 gether with all water rights appertaining thereto, including but not limited to {I.`4 1/16 share of the Tom Delehant Ditch and 1/8 a share of Carr and Tyler Ditch ,ill, 9 * and reserving to the grantor an undivided 1/2 of the Grantors interest in and to „i ti I all oil Ras,, and minerals in on and under the premises. TOGE'THER w,th,,all and singular thg heredtament. and appurenances threunto belonging, or ht anywise-.. appertaining and the never,)on and reversions, remainder and remainders, rents, issues and profits thereof; and ,A� all the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in law or , .. . equity,of, in and to the above bargained premises, with the hereditament. and appurtenances. • I* Ili TO HAVE AND TO HOLD the said premises "Savo bargained and described,with the appurtenances,unto the f 1•I said parties of the second part, their heirs and assigns forever. And the said party of the first part, for himself, his : I heirs, executors, and administrators, does covenant, grant, bargain and agree to and with the said parties of toe' i second part, their heirs and assigns, that at the time of the ensealing and delivery of these presents,be is well seized , ' of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, In law, in • fee simple, and has good right,full power and lawful authority to grant,bargain,sell and convey the same in manner and form aforesaid, end that the same are free and clear from all former and other gnats, bargains, sales, liens, taxes,assessments and encumbrances of whatever kind or nature soever,; subject to reservations, I,. • restrictions, ensPments, and rights of way as the same may be of record or in if any; any lien arising by reason of the inclusion of the premises within any Special Assessment Districts or any Water Districts; lien for 1978 taxes which, by reason of proration, the grantees assume and agree to pay;oepay;alalso, any taxes f si a fo "' ( subsequent years; SUDJECr TO a Mortgage payable to The . . datedlUoyenber 4 1970 and recorded vember 27, 1970 in Book 636 as Reception rani �v``.�t'' gini 1 � Pis hie �, na 'et poJaseid aft the said parties of the second part, the • • �� an the a eve arRvnc premise ;i i survivor of them, their assigns and the heirs and assigns of such survivor,against all and every parson or persons ii lawfully claiming or to claim the whole or any part thereof,the said party of the first part shall and will WARRANT i ' AND FOREVER DEFEND. The singular number shall include the plural,the plural the singular!Ind the nee of any 114'4; d II gender shall be applicable to all genders. ' IN WITNESS WHEREOF the said party of the first part has herree}/��nt(oo set his h�a�/and seal tie day and year jI j 't tint above written. �� n �, MI ' t{y ({� 7QY I 1 Mil' Signed,Sealed and Delivered in the Presence of -- "" «]SEAL] t {r MIQIIAEL S. &1A17 ;Ito'' ,' ,;II . :I I ''i t l I [SEAM• it p'y' —...— I , II j. b I ................. i m I I [SEAL s l ! STATEI OF COLORADO u. County of 11 ' ' 4l ' . .}.;•j "•r� Tits foregoing instrument was acknowledged before me this day of ,iv' , 19 I ,. t I � In by ii iNl lI I 19 . Whams fy band,and MASLI seal j, 1 _ 'll Ir,a. My Commission expires ' r, i F'' I i�:j„ t _ II j tiff 4 NaWa yibile $ tt ---- . No.92IA. , WARRANTY DEED.—T.hint Tenant W.-Bradford Publirhina Co..larl•44 Stout Street.D .Colorado -4-71 _� I I + 0 . ti BURLINGTON NORTHERN RAILROAD 176 East Filth Sueul S1. Paul, Mu a unola 5b101 Telephon (612) 298 April 6, 1983 Mr. William and Mrs. Margaret Kobobel 7909 Weld County Road #5 Longmont, CO 80501 Dear Mr. and Mrs. Kobobel : RE: Permit 242,555 - 16-foot road crossing and 400-foot roadway encroachment - Plumbs, CO Attached is copy of completed agreement for your file. Sincerely, R. P. Wolverton Lease Representative Industrial Development & Property Management Enc. BRPW 47.5 • 22131.2T; • r } 401.1; No. 242,555 PRIVATE ROADWAY AND CROSSING AGREEMENT4 Trfrs 224,211, 1-1-77, Michael S. Shaw AGREEMENT made this 1st day of January , 19 82 , between .DUAt+NCTON-NORTI4CTRN INC., a Delaware corporation, hereinafter called "Railroad", and BURLINGTON NORTHERN RAILROAD COMPANY (formerly BURLINGTON NORTHERN INC. ) , a Delaware corporation, hereinafter called "Railroad", and WILLIAM KOBOBEL whose post offieoaddrocc io and MARGARET KOBOBEL, whose post office address is 7909 Weld County Road *5, Longmont, Colorado 80501 , hereinafter called "Permittee," WITNESSETH: WHEREAS, Permittee desires for Permittee's use the eenstrdetien-and maintenance upon the right of • way of Railroad of a private 16—foot road crossing and 400—foot roadway encroach— ment, • hereinafter sometimes jointly referred to as the "roadway", and sometimes referred to as the "crossing"to- -be located at survey station 773 plus 00 — Mile Post 31. 66 at Plumbs, Weld County, Colorado, Plat No. L 299 C as shown colored red upon the plan which is attached hereto and made a part hereof, markedt.hd 1t "A" dated October 19, 1982 , and Railroad agrees to the construction and maintenance thereof and • the use thereof by Permittee upon the following terms and conditions: 1• Permittee shall, at their own cost and expense, maintain the roadway, drainage pipe and crossing approaches. • w . • • e?O1 !'? i IN WITNESS WHEREOF the said party of the first part has here nte set h and seal tbi day and year Iil.: 4s first shoos written. • h I t 31 Sired,Sealed and Delivered in the Presence of — [SAlj'], .kw G iu wIQwiAEL S. SHAY ' ,1, .:It ' 'l ,3, . .w._ it [SEAL] .......».. ......». ' 1,1:1 I 1 ' I !: F�$$ef 51A�I --1r --.• •. 1[ige ' a 'if STATE OF COLORADO I 1 I ~' I.1.jA''�ti, , '�'rj}];ire, County of ; I l The foregoing instrument was acknowledged before me this day of 1 ear .119 I • t � . by 1 4 1J1 I� 11) Its i My Commission expires ' q'I 19 . Witness my hand,aeld h seal I E} d{ •a - • !Madan POW,' ? i No.921A. . WARRANTY DEED.—Ta John T .—Bradford Publlrhlne Coo 1524N Stand Slrnlr D .Colorado —OM I C. _ ! _ %' ,r I: j i Irk" No. 242,555 PRIVATE ROADWAY AND CROSSING AGREEMENT4 Trfrs 224,211, 1-1-77, Michael S. Shaw AGREEMENT made this 1st day of January , 19 82 , between INC.;a Delaware corporation, hereinafter called "Railroad", and BURLINGTON NORTHERN RAILROAD COMPANY (formerly BURLINGTON NORTHERN INC. ) , a Delaware corporation, hereinafter called "Railroad", and WILLIAM KOBOBEL (whose post of floe addracc ie and MARGARET KOBOBEL, whose post office address is 7909 Weld County Road #5, Longmont, Colorado 80501 , hereinafter called "Permittee," WITNESSETH: WHEREAS, Permittee desires for Permittee's use the eeflstfdeaiera•and-maintenance upon the right of way of Railroad of a private 16—foot road crossing and 400—foot roadway encroach— ment, • hereinafter sometimes jointly referred to as the "roadway", and sometimes referred to as the "crossing"to- -be located at survey station 773 plus 00 — Mile Post 31.66 at Plumbs, Weld County, Colorado, Plat No. L 299 C as shown colored red upon the plan which is attached hereto and made a part hereof, markedt..l,Wit dated October 19, 1982 , and Railroad agrees to the esestcust4ea-ardmaintenance thereof and • the use thereof by Permittee upon the following terms and conditions: 1. Permittee shall, at their own cost and expense, maintain the roadway, drainage pipe and crossing approaches. . 2. Permittee shall, upon execution hereof, pay to Railroad for the license and permission hereby granted the sum of Twenty-Five Dollars ($25.00) for the first five (5) year period and for each five (5). years thereafter. 3. the agreed cost materials to be furnished by Railroad at the expense of Permittee, Permittee shall also pay to Railroad-ffem-tima'te-time tha c * r ^ niaintanaarP,ari�iitieas and e-borne_by-Permitteerwiihia-sweaty-(201-days-af tery Liir rine rendered therefor. 4. Should the right of way be now or hereafter fenced at the location described, Permittee shall construct, maintain, and keep repaired at Permittee's expense, farm crossing gates in a manner satisfactory to the Division Superintendent of Railroad, and said gates shall be kept closed, except when necessary to be . open for travel. Permittee agrees to assume all damages of every kind whatsoever resulting from Permittee's failure to keep gates closed, or for failure to keep the same in proper repair, as agreed in this paragraph. Form 60014 6.78 1 • • • �zrl c- 'O •!.D ice- '1:."-......'''''''''.1'.-''.'"' siu :-1y 5. Permittee shall at all times keep the flangeways of said crossing free and clear of all snow,dirt or �' any other obstructions whatsoever which may accumulate by virtue of vehicles or farm machinery crossing thereover or otherwise. 6. Permittee shall not permit said crossing to be used as a public crossing. vegetation at said ,' 7. Permittee, at Permittee's own expense, shall remove an nd k epdre colon.ved any g crossing which may interfere with the view of trains approaching B. The permission hereby granted shall neither be or be deemed or construed to be a grant of land nor shall it constitute ownership by Permittee of the roadway or that portion of the right of way of Railroad upon which the roadway is located. 9. Permittee shall and hereby does release and discharge Railroad of and from any and all liability for damage to or destruction of the said roadway, or any property of Permittee thereon; and shall and hereby does assume any and all liability for injury to or death of persons, or loss of or damage to property in any manner arising from or during the .eeart etiei� use, maintenance, repair or removal of said roadway, however such injury, death, loss, damage or destruction aforesaid may occur or be caused; and shall and hereby does indemnify and save harmless Railroad of and from any and all claims, demands, suits, actions, ion defend in the damages, recoveries, judgments, costs or expenses arising or growing out of or in connection with any such I,` injury, death, loss, damage or destruction aforesaid. Permittee further agrees to appear on account J•, name h of Railroad any suits , actions at law brought aga nst final t judgment thatf any may be re personal ndered d against r the death aord in any u hrsuit o , and to pay and satisfy any1 9 diminished by the ufact,iftit be a fact, that any such suit or action. The liability r action Pbr brought against Railroad may arise out of negligence of Railroad, its officers, agents, servants or employees, or.be contributed to by such negligence. equal ion of any her railroad , , 10. It is agreed m that the ncluprovisions ngi National f paragraph Ralroad Passenger e Corporation t(Amtrak), heretofore or company or companies, g of which said premises are a part. hereafter granted the joint use of Railroad's property, mises by the said ny part o In the n purpose whatsoevel rgorre, fthe use of Permittee fts shallefail to keep land perform any ofthe tedway or a s and ' conditions hereof for any p P Permittee to be kept and performed, Railroad shall have the ,-; of this agreement herein agreed by right to time upon giving tO Permittee thirty (30) days' written intention terminate this agreement any to do and shall, upon expiration of said thirty (30) days, have the right to remove said crossing �_ andpersonally B upon 'Permitteey at the orr posedost upon thexpremises or Permittee. depositedSaid postpaid notice irta United good States served Po Post Office, Office, a3dPEssed to Permittee at Permittee's post office address above stated. No portion of any payments made hereunder will be refunded upon termination of this agreement. 12. Permittee shall not assign or transfer this agreement without first having obtained the written consent of Railroad. of anexecutors,agreement istrators, successors, assign benefit s be binding upon the parties hereto and their s• respective xecu admin 14. Nothing herein contained shall imply or import a covenant on the part of Railroad for quiet enjoyment. IN WITNESS WHEREOF,the parties hereto have executed this agreement the day and year first above written. BURLINGTON NORTHERN RAILROAD COMPANY In presence of: By es Manager Leases X /� � � mot - -- WIILLIAM KOBOBEL X O1-‘t.-t• 5T-44-4411-1_ MARGAl\t T KOBOBEL• • • 'r 2 t-7;7-,01,2(,-; 1 . • :e,tr . I,.:74,•�/ ge •>. rr.'n � 4'.7. • r . •.!{T, FD's :n riy r♦'+: ..t..' ~ �'!..'l •7o'Fr �•f , --".• ••+ a '. . Via,. '� • • x 'al f I, ';:• ..SEC,ZO; .o 4. N �� ,-- LEASE TO . . W M. i MARAGET K0(30BEL ttSi + I . Parcel- I 1• ✓ �P.31.66 Sta.773.00 , 7 .• . 1(i PRIVATE ROAD XING AND ••� - �' • •I _400' ROADWAY ENCROACHMaEN�T¢i `ra' SbIi;OW, - . I • .A •-Q43 tit* - `� t I O- a 1 ;. I ?;Jo o .i'�a_"i4 4/.->N 4., -- .sue rz. - .y t . -_ --�t---- - ..--. ,obi__ ie- e IV.i• i. .i - r ,ett 4 •+►h.,, .. .• y, 3w^.4J•• �•� I .mss.. .. I M r. - v 9 f '� -f !�'lJ�.soe...,(uyy eYw per 4raet Arjr , • r. k �, ci.29 s 04:1/40 C r,rA�S,• •tn., . - p-a nroJepl.AArrni i . _mgt.— ✓ ---.0,...- S7 or tcx."..6't5•! l 720 27 et Vie: .l • i : r✓ .v....,, ,arr •••, W''++ NOTE: ^ > �:". TRANSFER FROM: • 4 v0 �M1s. MICHAEL S SHAW A� �' r, + + ' TRANSFEK TO O4• �, .`.a• - WM. KOBOBEL t MARGARET-_KOBOGEL „• k ''';:t.•o a'.. s `' ® Indicates land leased v,. ' . • .�� • • Containing 4,000 sa• tt. more or less, • rot in Parcel A. • ---E - '�• BURLINGTON NORTHERN RAILROAD CO. I 'G %. Denver Region- Nebraska Division J' ;9. G.,. : WM. i MARGARET KOBOBEL I - ..• 7• �°a% Town: PLUMBS hl.P: 31.66 R•� j • COUnty:WELD State :coLo. • Q' SCa It 1`• 400' Map: 49320 I fitir Plat No. L299C Date:to-l9-e ,v;.TU Engineering Area: East❑ West�J •B' ' - - '3 h — -- ._._ Vtt .;' tttt' 10 ittit COIDRADO 0 HISTORICAL SOCIETY The Colorado History Museum 1300 Broadway Denver,Colorado 80203-2137 June 21, 1991 Pam Acre Landscape Architect Tuttle Applegate, Inc. 11990 Grant Street, #410 Denver, Colorado 81233 Re: Mine - Sec. 20, T2N, R68W Dear Ms. Acre: This is to acknowledge receipt of your June 11, 1991 correspondence concerning the above proposed project. A search of the Colorado Inventory of Cultural Resources indicated that there are no known cultural resources within the project area. Based on the information you supplied, we believe the present nature of the proposed project area is such that no (further) impact upon cultural resources will occur. Therefore, the proposed undertaking may proceed upon approval of the appropriate agency. However, if previously unidentified archaeological resources are discovered in the course of the project, work must be interrupted until the resources are properly evaluated in terms of the National Register of Historic Places eligibility criteria (36 CFR 60,4) in consultation with this office. Thank you for the opportunity to comment. If we may be of further assistance, please contact our Compliance Division at 866-3392 or 866-3395. Sincerely, ,Z4,-- C .PV-/-••••••• James E. Hartmann State Historic Preservation Officer SC/WJG , , JOB NO : 1 �- ) , - L= TUTTLE APPLEGATE, INC. Consultants for Land and Resource Development TELEPHONE: (303) 452-6611 [AT: (303) 452-2759 11990 Grant Street; Suite 410; Denver, CO 80233 • LETTER OF TRANSMITTAL DATE I: 1� 'VI l PROJECT: I ni4,4c Ge GIL IZtvn J= Ir7L TO: �t=� 4 f7 LSy tI L GotteBVA 1Th 1Despzt7 /mot i..lersT el —}- QaL r Co acs 4e6o-t-y) lO ' tadael WE TRANSMIT: THE FOLLOWING: FOR YOUR: Attached El Prints ❑ Use ❑ Under Separate Cover ❑ Originals ❑ Approval LI Information Below ❑ Copy of Letter (A Information ❑ Applications D Review & Comment ❑ Specifications ❑ Material Returned ❑ Recording Mylars ❑ Signature & Return ❑ Change Order ❑ El Number of Copies Dated Sheet No. Description I Pi i-lo G2E-GK 12dksot]2Gt lit re-rally APPL4tAyIon1 Remarks: Copy to: 91—r7te `%-;(11_ r o Copy w/Enclosures toe Signed: ?Aril Ata... • 1 NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR REGULAR (112) OPERATION NOTICE TO THE BOARD OF SUPERVISORS OF THE LOCAL SOIL CONSERVATION DISTRICT Weld County DISTRICT Wilmation ermit thelcoTo adoIlinedoCanalReclamation Board(Oerator) has p("the Board")plied for a to conduct mining from mining operations in Weld County. The attached information is being provided to notify you of the location and nature of the proposed operation. The entire application is on file with the Colorado Mined Land Reclamation Division ("the Division") and the local county clerk and recorder. The applicant proposes to reclaim the affected land for recreation • Pursuant to C.R.S. 34-32-116(7)(3) the Board is required to confer with the local Soil Conservation Districts before approving of the post-mining land use. Accordingly, the Board would appreciate your comments on the proposed operation. Please note that, in order to preserve your right to a hearing before the Board on this application, you mast submit written comments on the application within twenty (20) days of the date of last publication of notice pursuant to C.R.S. 34-32-112(10). If you would like to discuss the proposed post-mining land use, or any other issue regarding this application, please contact the Colorado Mined Land Reclamation Division, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567 . NOTE TO OPERATOR: You must attach a copy of the first two pages of the application to this notice. If this is a notice of a change to a previously filed application you mast either attach a copy of the changes, or attach a complete and accurate description of the change. 1307F-4 Hello