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Home My WebLink About910062.tiff_ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR OPEN-PIT MINING AND MATERIALS PROCESSING AND AN ASPHALT BATCH PLANT IN THE AGRICULTURAL ZONE DISTRICT - ASPHALT PAVING COMPANY WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 23rd day of January, 1991, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Asphalt Paving Company, 14802 West 44th Avenue, Golden, Colorado 80403 for a Site Specific Development Plan and a Special Review permit for open-pit mining and materials processing and an asphalt batch plant in the Agricultural zone district on the following described real estate, to-wit: Part of the NE/4 of Section 25, Township 1 North, Range 67 West and part of the NW/4 of Section 30, Township 1 North, Range 66 West of the 6th P.M. , Weld County, Colorado WHEREAS, Sprague Mayger, Vice-President of Asphalt Paving Company, being present; and WHEREAS, Sections 24.5 and 24.6 of the Weld County Zoning Ordinance provides standards for review of said Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24.7, 44.1, 44.2, and 44.3 of the Weld County Zoning Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: PL0828 \ 910062 Page 2 RE: Special Review Permit - Asphalt Paving 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 comprehensive plan encourages the extraction of mineral resources when the mining plan promotes reasonable and orderly development of the mineral resources. The comprehensive plan also encourages land-use development proposals within an urban growth boundary as long as they conform to the desires of the local land-use decision making body. The City of Fort Lupton Planning Commission recommended conditional approval of this request at its August 14 meeting. The City of Brighton Planning Department has expressed concerns, but has recommended conditional approval if the concerns are adequately addressed. The Conditions of Approval and Development Standards will ensure that these concerns are mitigated. b. The proposal is consistent with the intent of the Agricultural Zone District and is provided for as a use by special review. c. Conditions of Approval and Development Standards will ensure compatibility with the existing surrounding land uses which include Weld County Road 6, oil and gas production, river bottom, agricultural production, gravel mining and materials processing, radio towers, and the unincorporated Town of Wattenberg. The use will be compatible with the future development of the surrounding area as permitted by the Agricultural Zone District. d. The Special Review permit site is located in the 100-year floodplain. Special Review Permit Development Standards address the overlay district requirements. No other overlay districts affect the site. e. Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Site Specific Development Plan and Special Review Permit for open-pit mining and materials processing and an asphalt batch plant in the A (Agricultural) Zone District on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 910062 Page 3 RE: Special Review Permit - Asphalt Paving 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 Record'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 recording the Special Review Permit plat: a. the following note shall be placed on the plat: "The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities related to mining and reclamation are, therefore, under the jurisdiction of the Mined Land Reclamation Board. However, Weld County has jurisdiction of those matters outlined in the Development Standards. " b. the plat shall be amended to show: 1. a total 40 foot right-of-way reservation south of the centerline of Weld County Road 6. 4. An off-site road improvements and maintenance agreement proposed by the applicant shall be submitted to the Department of Planning Services. The agreement shall mitigate impacts generated on Weld County Road 6 by this mining operation. The agreement shall include the type of road improvements, means of financing, and time frame for construction; 5. A plan for monitoring wells to address water quality and quantity issues shall be submitted to the Department of Planning Services and will be reviewed by the Weld County Health Department; 910062 Page 4 RE: Special Review Permit - Asphalt Paving 6. A Flood Hazard Overlay District Application, which adequately addresses structures and stockpiles in the floodplain, shall be submitted to and reviewed by the Department of Planning Services. The application shall show that no barriers will be created which will unnaturally divert flood waters, or which may increase flood hazards in other areas; 7. A dust abatement plan shall be submitted to the Department of Planning Services and will be reviewed by the Weld County Health Department; 8. A weed control plan and a grazing management plan shall be submitted to the Department of Planning Services and will be reviewed by the Platte Valley Soil Conservation District; 9. The Lupton Bottom Ditch Company shall approved the culvert across the Lupton Bottom Ditch. 10. Prior to the special review permit activity occurring on the site, evidence shall be submitted to the Department of Planning Services that: a. the Division of Water Resources has approved a well permit or other legal water supply for the mining operation and all water uses; b. an NPDES permit has been obtained from the Water Quality Control Division of the Colorado Department of Health, if required; c. an Air Emissions Permit has been obtained from the Air Pollution Control Division, Colorado Department of Health, for fugitive dust and odors, if required; d. the Use by Special Review activity will not cause injury to vested or conditional water rights as set forth in Section 44.4.11 of the Weld County Zoning Ordinance. e. signs stating "No Trespassing" have been posted along the western boundary of the leased area at intervals of one hundred feet and; f. a 6 foot chainlink fence has been placed on the north property line, west of the Lupton Bottom Ditch to the western property border and along the west property line adjacent to the community center. 910062 Page 5 RE: Special Review Permit - Asphalt Paving The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of January, A.D. , 1991. i BOARD OF COUNTY COMMISSIONERS ATTEST: % �/�cvn WELD COUN Y OR 0 Weld County Clerk to the Board Gord cy, irman (EXCUSED DATE OF SIGNING) �� Geor a Kennedy, Pro-Tem Deputy Clerk to the Bo APPROVED AS TO ORM: onstance , L. Harbert C. W. r1X-# County Attorney �/� 10-Zettltp W. H. Webster 910062 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS ASPHALT PAVING USR-921 1. The Site Specific Development Plan and Special Review Permit is for open pit mining, materials processing, and an asphalt batch plant in the 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 Article 68 of Title 24 C.R.S. , as amended. 3. The gravel mining operations shall comply with Sections 44.4 and 44.5 of the Weld County Zoning Ordinance. Any violation of these regulations shall be grounds for enforcement of Section 44.6 of the Weld County Zoning Ordinance. The asphalt plant may be operated and aggregate may be hauled after sunset. 4. The property shall be maintained in compliance with the Weld County Flood Hazard Overlay District requirements. 5. The property shall be maintained in compliance with the requirements of the Army Corps of Engineers and Section 404 of the Clean Water Act, if applicable. 6. The mining activity shall be maintained in compliance with the requirements of the Oil and Gas Conservation Commission. 7. The haul route to the site shall be designated as Weld County Road 6 from the access east to Highway 85. No truck traffic shall be allowed through the Town of Wattenberg or west on Weld County Road 6, except for local deliveries. 8. The applicant shall remove, handle, and stockpile overburden, soil, sand, and gravel from the facility area in a manner that will prevent nuisance conditions. 9. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 10. No permanent disposal of wastes shall be permitted at this site. 11. No mining shall take place within 100 feet of the South Platte River. 910062 Page 2 RE: Special Review Permit - Asphalt Paving 12. No drainage or run-off water shall be permitted into the Lupton Bottom Ditch. 13. No mining activity, including stockpiling, shall be permitted within 200 feet of the Lupton Bottom Ditch unless written authorization is received from the ditch company. 14. The property shall be maintained in compliance with the plan regarding monitoring wells, which has been approved by the Weld County Health Department. 15. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 16. Fugitive dust shall be controlled on this site. 17. 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 operation. 18. The maximum permissible noise level shall not exceed the light industrial limit of 70 Db (a) , as measured according to 25-12-102, Colorado Revised Statutes. 19. An individual sewage disposal system, or a vault, is required for the proposed facility and the system shall be installed according to the Weld County Individual Sewage Disposal Regulations. 20. The facility shall have sufficient equipment available to implement the dust abatement plan as approved by the Weld County Health Department. 21. All stockpiling of material shall be located outside of wetland areas. Not wetland area shall be filled for the conveyor construction. 22. Areas used for topsoil stockpiles shall be seeded after topsoil has been removed. 23. The property shall be maintained in compliance with the Weed Control Plan and the Grazing Management Plan as approved by the Platte Valley Soil Conservation District. 24. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 910062 Page 3 RE: Special Review Permit - Asphalt Paving 25. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 26. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 27. 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 heron and all applicable Weld County Regulations. 28. 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. 29. 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. 910062 HEARING CERTIFICATION DOCKET N0. 91-03 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR OPEN-PIT MINING AND MATERIALS PROCESSING AND AN ASPHALT BATCH PLANT IN THE A (AGRICULTURAL) ZONE DISTRICT - ASPHALT PAVING COMPANY (PERRY PIT) A public hearing was conducted on January 23, 1991, at 10:00 A.M. , with the following present: Commissioner Gordon E. Lacy, Chairman Commissioner George Kennedy, Pro-Tem Commissioner Constance L. Harbert Commissioner C. W. Kirby Commissioner W. H. Webster Also present: Acting Clerk to the Board, Bobbie Good Assistant County Attorney, Lee Morrison The following business was transacted: I hereby certify that pursuant to a notice dated January 9, 1991, and duly published January 10, 1991, in the New News, a public hearing was conducted to consider the request of Asphalt Paving Company. Lee Morrison, Assistant County Attorney, made this matter of record. Lanell Curry, Current Planner, represented the Department of Planning Services. Chairman Lacy asked that reading the recommendation of the Planning Commission into the record be dispensed with and that a copy be attached to this certification as a permanent record of these proceedings. Ms. Curry entered the Conditions of Approval and Development Standards into the record as written. Sprague Mayger, Vice President of Asphalt Paving Company, was present. Mr. Mayger explained their plans for mining, maintaining, and reclaiming this area, and gave a brief description of their proposed operation. Asphalt Paving is requesting permission to haul gravel at night. They have agreed to install a six foot chain-link fence beginning at Weld County Road 6 between the pit area and the Wattenburg Community. This fence will connect with an existing fence around a warehouse area and should protect children of the community from both the Lupton Bottom Ditch and the hazards of playing in the pit area. Wes Potter, Director of Environmental Health Services, reported water quality and quantity will be sustained by three monitor wells around the area. Dust abatement plans and noise pollution must meet state and federal standards. As far as noise pollution while operating at night, the intermittent backup warning signal on the front-end loader, which is required by law to be heard fifty feet behind the vehicle, is the most aggravating, and use of the jake brake to slow down between the highway and the site would also be disturbing. Chairman Lacy asked for comments from the public. George Stiber, adjacent property owner, expressed his concerns about soil washing onto his property. Sprague Mayger addressed this concern and assured Mr. Stiber they were going to try to mine on an as you go plan. Ms. Curry stated conditions set forth in the Flood Hazard Development Permit would have to be met and maintained. The road improvements agreement was discussed by the Board. Paragraph 112 was amended to read: "The Operator agrees to cost-share the repair of damage of Weld County Road 6 between the access point located 1000 feet west of U.S. Highway 85 and U.S. Highway 85 that is beyond normal wear and tear on a 502-50% basis with the other operator. If deemed appropriate by the County Engineer, other methods of cost-sharing, such as truck trips or periods of operation, may be used. The cost-share alternative may be reviewed annually by the Board of County Commissioners. " Chairman Lacy requested Commissioner Harbert, Commissioner Coordinator for the Road and Bridge Department, to make sure the necessary signs are posted in the area. The Board discussed the applicant's request to operate after the hours of 6:00 p.m. Development Standard #3 was amended to read: "The gravel mining operation shall comply with Sections 44.4 and 44.5 of the Weld County Zoning Ordinance. Any violation of these regulations shall be 910062 Page 2 RE: CERTIFICATION - ASPHALT PAVING grounds for enforcement of Section 44.6 of the Weld County Zoning Ordinance. The asphalt plant may be operated and aggregate may be hauled after sunset." Commissioner Harbert moved to approve the request for a Site Specific Development Plan and Special Review Permit for open-pit mining and materials processing and an asphalt batch plant in the A (Agricultural) Zone District with the amended Conditions of Approval and Development Standards as stated above and the favorable recommendation of the Planning staff. The motion was seconded by Commissioner Webster and carried unanimously. This Certification was approved on the 28th day of January, 1991. Lupda,,A APPROVED: ATTEST: BOARD OF COUNTY COMMISSIONERS WELD COUN Y, LORADO Weld County Clerk to the Board Gord a y, airman By: �,�� /��j�� EXCUSED DATE SIGNING Deputy Clerk to t e Board � Geo e Kennedy, Pro-Tem i/eonstance L. Harber TAPE #91-02 �� C. .Kirby DOCKET 7191-03 1(411 "a PL0828 W. H. Webster 910062 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 PMUCNOTi4E he general circulation in said County Conindd"o�aa Weld a�, and has been continously and coknda�,provod on a Plan di111, uninterruptedly published therein, Rview PernaPlaiit r i p�rtsi during period of at least and purpose described bellow. a Approval of this plan creates a fifty-two consecutive weeks prior to vested property right pursuant to Article 08 of Title 24 C.RS., as , the first publication of the annexed amended. APPLICANT: Aapnalt Paving notice; that said newspaper is a Company-14802 West 11th Avenue -Denver,Colorado�80p4g03 newspaper within the meaning of the LEGAL bE� Taarttooff act of the General Assembly of the the 1 North,' a 67 West and pan State of Colorado,, entitled "An Act of 1Nrth,Rangee dE W� to regulate the printing of legal of the 6th P.M., Weld County',Colorado notices and advertisements, " and TYPE ANDU INTENe U Development Plan and amendments thereto; that the notice Review Pertnh for Ogi Mining and Materials Processing of which the annexed is a printed and AaanAspha�l�lath the ry copy taken from said newspaper, was more or'iFPAROEL: 11a )acres published in said newspaper, and in Failure to ablde by the terms and conditions of approval will result - the regular and entire issue of n a forfeiture of lite vested right every number thereof , BOARD OF COUNTY wELD CODNCyrYM7COdNERS BY: DONALD�D.WARDEN once a week for WELD COUNTY CLERK TO THE successive weeks; that said notice y: G�„_,l_BOARD was so published in said newspaper M��ie` °Nava, " proper and not in any supplement thereof , and that the first publication of said notice as aforesaid, was on the . 31 day of �\ . 19 91 , and the last `oUUnntthe 31 day of 19 Subscribed and swo before me this day of is-6-tiai_ , 19_21„ nw_a_ f.": 110,144A®o ,. 910082 PUBLIC NOTICE The Board of County Commissioners of Weld County, Colorado, on January 23, 1991, approved a Site Specific Development Plan and Special Review Permit for this property and purpose described below. Approval of this plan creates a vested property right pursuant to Article 68 of Title 24, C.R.S. , as amended. APPLICANT Asphalt Paving Company 14802 West 44th Avenue Denver, Colorado 80403 LEGAL DESCRIPTION: Part of the NE/4 of Section 25, Township 1 North, Range 67 West and part of the NW/4 of Section 30, Township 1 North, Range 66 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: Site Specific Development Plan and Special Review Permit for Open-Pit Mining and Materials Processing and an Asphalt Batch Plant in the A (Agricultural) Zone District SIZE OF PARCEL: 117.61 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 WELD COUNTY C RK TO, THE BOARD � � � ,BY: Caro Ha • g, Deputy PUBLISHED: January 31, 1991, in The New News 910062 STATE OF COLORADO ) COUNTY OF WELD )s•s. ) David B. Reynolds, being duly sworn , NOTICE says that he is publisher of The New News, a weekly Pursuant to the zoning laws of he published Y newspaper State Pursuant lei and the Weld in Keenesbur County Zonsg Ordnance, a public and $IitQ 9 in said Countyhearing wlll be held in the general circulation at said newspaper has a Chambers o[ the duty of Lenny en Commissioners of Weld Count lation in Colorado Weld Count)' Centennial and his been 5dld County Center, 915 10th Street, First C Ont1nOLL53y and Floor, Greeley, Colorado, at the uninterruptedly time specified. All persons inane Y published planner interested m the Site fifty—two a period of at least herein, Specific Review PerPdtp arc Y—tW0 COnGQCut1V@ weeks requested to attend and may be durithe first heard. publication prior to should the applicant or any notice; tlOn of the annexed 'nterested part} desire the newspaper QW5 a a that said newspaper is a presence acre ord court proceedings P per within the meaning in addition to the taped record which will be kept during the act of the .General Ass g f the hearing, the Clerk to the Board's State of Assembly of the Office shall be advised in writing Colorado of such action at least five da ef to r �• entitled t 1 ed l legal Act prior to the hearing. The cost u[ regulate the printing engaging a court re4orler shall be nOtlC@ 9 of legal borne EA the ntisCi party. 5 and advertisements, " BE IT Also xNOWn that the amendment and text and maps so certified lq the s thereto' Weld County Planning Conmussion that the notice niaS be examined in the office of of which the annexed the Clerk to the Board of Count) 15 a ranted Conuuissioners, located in the copy taken from said newspaper, Weld County Centennial comer, 915 10th Street, Third Floor, published in said a was Grecle,1� Colorado. the ld newspaper, DocxAPPLIC N0.91-03 evero 80403 y and entire issue and in Company Ide -1480dWest44thAANT -Asphalt enue Y number thereof , DATE: January 23, 1991 TIME: 10:00 A.M. REQUEST: Site Specific Once a week for______ Or Del elopment Plan and Special Review Permit for Open Fit successive weeks; �— mining and materials processing was i that said and an asphalt batch plam m the so published notice Ai rieuftmal1 zone iutec proper and not in any said newspaper the c Northeast 1 u°NSCctr nn [ thereof a^Y supplement Tuwnanip 1 Nona Range 67 West r and that the and part of the t�'orthwest 1/4 of publication first Section a0 Township 1 North, of said no �nRa 66 Next of me 6th P.M., afOr@Shcd notice as Weld County,Colorado Wi5 on LOCATION: East of and adjacent the to the unlncorporated Town o[ Wattenberg; south of Weld County WI dd Road 6 ayyproxinlaleb7 25 miles Y O f • 9 west of.[;.S. Highwa1'85 I9 �� BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO \ th_ BY: DONALD D.WARDEN day of WELD COUNTY CLERK TO and the last on the The P THE BOARD y. BY: Carol Harding,Deputy , 19 in dated January 9,1991 liBLISED:�Har- 1, NewN 10, 199 Cwa J nua y i Subscribed and swo n to before me this Zeday of 19 CG 910062 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners 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. APPLICANT DOCKET NO. 91-03 Asphalt Paving Company 14802 West 44th Avenue Golden, Colorado 80403 DATE: January 23, 1991 TIME: 10: 00 A.M. REQUEST: Site Specific Development Plan and Special Review Permit for Open-pit mining and materials processing and an asphalt batch plant in the A (Agricultural) zone district LEGAL DESCRIPTION: Part of the Northeast 1/4 of Section 25, Township 1 North, Range 67 West and part of the Northwest 1/4 of Section 30, Township 1 North, Range 66 West of the 6th P.M. , Weld County, Colorado 0 1.00C3� �" x `Z3 1.T E Docket #91-03 Asphalt Paving Company Page 2 LOCATION: East of and adjacent to the unincorporated Town of Wattenberg; south of Weld County Road 6 , approximately .25 miles west of U.S. Highway 85 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D.WARDEN WELD COUNTY CLERK TO THE BOARD BY: Carol Harding, Deputy DATED: January 9 , 1991 PUBLISHED: January 10 , 1991 , in The New News 910O6 ! � MEMORAnDum Wilk Board of County / ra Commissioners Data January 9 1941 COLORADO From Carol Harding, Deputy Clerk to the Board �r subject: Hearing Schedule If you have no objections, we have tentatively set the following hearings for the day of January 23, 1991 , at 10:00 A.M. /Dofocket No. 91-03 Site Specific Development Plan and Special Review V Permit for Open-pit mining and materials processing and an asphalt batch plant in the A (Agricultural) zone district - Asphalt Paving Company Docket No. 91-04 Site Specific Development Plan and Special Review Permit for a temporary freight relay terminal in the A (Agricultural) zone district - Consolidated Freightways The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS re, .viete /4,47 /I bid f 9100rircr ' s( I B Cr � � Date: November 20, 1990 CASE NUMBER: USR-921 NAME: Asphalt Paving Company ADDRESS: 14802 West 44th Avenue, Golden, CO 80403 REQUEST: A Site Specific Development Plan and a Special Review permit for open pit mining and materials processing and an asphalt batch plant in the Agricultural zone district. LEGAL DESCRIPTION: Part of the NE} of Section 25, T1N, R67W and part of the NW} of Section 30, T1N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: East of and adjacent to the unincorporated Town of Wattenberg; south of Weld County Road 6, approximately .25 miles west of Highway 85. 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 Sections 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 comprehensive plan encourages the extraction of mineral resources when the mining plan promotes reasonable and orderly development of the mineral resources. The comprehensive plan also encourages land-use development proposals within an urban growth boundary as long as they conform to the desires of the local land-use decision making body. The City of Fort Lupton Planning Commission recommended conditional approval of this request at its August 14 meeting. The City of Brighton Planning Department has expressed concerns, but has recommended conditional approval if the concerns are adequately addressed. The conditions of approval and development standards will ensure that these concerns are mitigated. - The proposal is consistent with the intent of the Agricultural zone district and is provided for as a use by special review. - Conditions of approval and development standards will ensure compatibility with the existing surrounding land uses which include Weld County Road 6, oil and gas production, river bottom, agricultural production, gravel mining and materials processing, radio towers, and the unincorporated Town of Wattenberg. The use will be compatible with the future development of the surrounding area as permitted by the Agricultural zone district. CHI Orr? - The Special Review permit site is located in the 100-year floodplain. Special Review permit development standards address the overlay district requirements. No other overlay districts affect the site. - Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. This recommendation is based, in part, upon 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 recording the Special Review permit plat: - the following note shall be placed on the plat: "The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities related to mining and reclamation are, therefore, under the jurisdiction of the Mined Land Reclamation Board. However, Weld County has jurisdiction of those matters outlined in the Development Standards." the plat shall be amended to show: a total 40 foot right-of-way reservation south of the centerline of Weld County Road 6. 4. Prior to scheduling this application before the Board of County Commissioners: - an off-site road improvements and maintenance agreement proposed by the applicant shall be submitted to the Department of Planning Services. The agreement shall mitigate impacts generated on Weld County Road 6 by this mining operation. The agreement shall include the type of road improvements, means of financing, and time frame for construction; - a plan for monitoring wells to address water quality and quantity issues, shall be submitted to the Department of Planning Services' and will be reviewed by the Weld County Health Department; 91.0062 - a dust abatement plan shall be submitted to the Department of Planning Services and will be reviewed by the Weld County Health Department; - a weed control plan and a grazing management plan shall be submitted to the Department of Planning Servies and will be reviewed by the Platte Valley Soil Conservation District; - the Lupton Bottom Ditch Company shall approve the culvert across the Lupton Bottom Ditch. 5. Prior to the special review permit 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 other legal water supply for the mining operation and all water uses; - an NPDES permit has been obtained from the Water Quality Control Division of the Colorado Department of Health, if required; - an Air Emissions permit has been obtained from the Air Pollution Control Division, Colorado Department of Health, for fugitive dust and odors, if required; - the Use by Special Review activity will not cause injury to vested or conditional water rights as set forth in Section 44.4.11 of the Weld County Zoning Ordinance. - signs stating "No Trespassing" have been posted along the western boundary of the leased area at intervals of one hundred feet. 91®062 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS ASPHALT PAVING COMPANY USR-921 1. The Site Specific Development Plan and Special Review permit is for open pit mining, materials processing, and an asphalt batch plant in the 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 Article 68 of Title 24 C.R.S. , as amended. 3. The gravel mining operation shall comply with Sections 44.4 and 44.5 of the Weld County Zoning Ordinance. Any violation of these regulations shall be grounds for enforcement of Section 44.6 of the Weld County Zoning Ordinance. The asphalt plant may be operated after sunset when asphalt is needed for public road improvement projects. 4. The property shall be maintained in compliance with the Weld County Flood Hazard Overlay District requirements. 5. The property shall be maintained in compliance with the requirements of the Army Corps of Engineers and Section 404 of the Clean Water Act, if applicable. 6. The mining activity shall be maintained in compliance with the requirements of the Oil and Gas Conservation Commission. 7. The haul route to the site shall be designated as Weld County Road 6 from the access east to Highway 85 . No truck traffic shall be allowed through the Town of Wattenberg or west on Weld County Road 6, except for local deliveries. 8. The applicant shall remove, handle, and stockpile overburden, soil, sand, and gravel from the facility area in a manner that will prevent nuisance conditions. 9. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 10. No permanent disposal of wastes shall be permitted at this site. 11. No mining shall take place within 100 feet of the South Platte River. 12. No drainage or run-off water shall be permitted into the Lupton Bottom Ditch. 910062 13. No mining activity including stockpiling shall be permitted within 200 feet of the Lupton Bottom Ditch unless written authorization is received from the ditch company. 14. The property shall be maintained in compliance with the plan regarding monitoring wells, which has been approved by the weld County Health Department. 15. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 16. Fugitive dust shall be controlled on this site. 17. 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 operation. 18. The maximum permissible noise level shall not exceed the light industrial limit of 70 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 19. An individual sewage disposal system, or a vault, is required for the proposed facility and the system shall be installed according to the Weld County Individual Sewage Disposal Regulations. 20. The facility shall have sufficient equipment available to implement the dust abatement plan as approved by the Weld County Health Department. 21. All stockpiling of material shall be located outside of wetland areas. No wetland area shall be filled for the conveyor construction. 22. Areas used for topsoil stockpiles shall be seeded after topsoil has been removed. 23. The property shall be maintained in compliance with the Weed Control Plan and the Grazing Management Plan as approved by the Platte Valley Soil Conservation District. 24. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 25. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoninc Ordinance. 26. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 27. 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. 91.0)62 28. 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. 29. 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. 912096,2 ADDITIONAL COMMENTS USR-921 ASPHALT PAVING Several telephone inquiries have been received from surrounding property owners. Inquiries concerned truck traffic and water quality. Petitions signed by citizens of Wattenburg were hand delivered to the Department of Planning Services on August 21. The petitions express concerns regarding water, noise and dust pollution, and truck traffic. The City of Brighton sent a second letter expressing areas of concern. These items have been addressed by other referral agencies. The City of Brighton's letter stated that if the issues have been addressed to the satisfaction of the weld County Planning Staff, then the City would have no problem with the application being approved. 91.0306 STALE OF COLORADO MINED LAND RECLAMATION DIVISION aF cot() Department of Resources St.,Room �Ry 1313 Sherman St.,Room 215 „r��o Denver,CO 80203 **W** 303 866-3567 s FAX: 303 832-8106 '876 October 1 , 1990 Roy Romer, Governor Fred R.Banta, Mr. Sprague May ger Division Director Asphalt Paving Company 14802 West 44th Street Golden, CO 80401 Re: File No. M-90-98, Adequacy Letter Dear Mr. Mayger: The application for a Mining and Reclamation Permit for this operation was deemed complete on July 30, 1990. Your application has been scheduled for consideration by the Mined Land Reclamation Board on October 17, 1990. Before your application can be considered by the Board, you must complete the following notice requirements: o publish notice of the filing of this application and provide proof of the notice to us; o Mail a copy of the notice to all owners of record of surface rights of affected land and immediately adjacent land and provide proof of the mailing, such as Certified Mail Return Receipt Requested, to us; and, o place a copy of this application for public review, less confidential items, with the County Clerk and Recorder. Any subsequent changes or additions you make to the applications on file in our office must also be made in this local government copy. I have reviewed the application to determine whether it is adequate to meet the requirements of Act and Regulations. The attached list details items that need clarification before the application will satisfy the applicable requirements. Please provide a response to each item prior to October 15, 1990, If you are unable to fully respond to this letter, providing all required information prior to the scheduled board consideration date, please contact me requesting continuance of Board consideration to a later date. If you have any questions, please contact me. Sincerely, • Daniel I. Hernandez Reclamation Specialist • Attachment cc: Steve Renner w/enclosures 910062 Tom Schreiner w/enclosures 0480F/scg STATE OF COLORADO MINED LAND RECLAMATION DIVISION Department of Natural Resources �oA, 1313 Sherman St.,Room 215 • � Denver,CO 80203 ` 303866-3567 *•len y FAX: 303 832-8106 . Roy Romer, Governor Fred R.Banta, Division Director DATE: October 1 , 1990 T0: Mr. Sprague Mayger, Asphalt Paving Company t FROM: Daniel I. Hernandez, Reclamation Specialist' RE: File No. M-90-98 Aaequacy Items The following items must be addressed by the applicant in order to satisfy the applicable requirements of C.R.S. 34-32-101 et seq. and the Mineral Rules and Regulations of the Mined Land Reclamation Board— 1 . Section 34-32-115(4)(d) states in part: 'The Board shall not deny a permit, except for one or more of the following reasons: "The mining operation will adversely affect the stability of any significant, valuable, and permanent man-made structures located within two hundred feet of the affected land, except where there is an agreement between the operator and the persons having an interest in the structure that damage to the structure is compensated for by the operator." Please provide copies of damage compensation agreements between Asphalt Paving Company and the owners of the following structures: a. The Lupton Bottoms Ditch and its branches; b. All utility poles; c. The gas well and its support facilities; d. The two county road bridges; e. The existing house. • Should you not be able to obtain these agreements by October 15, 1990, you will have to establish a 200-foot setback of mining activity from those structures until such time as the agreements are reached and the Division notified. As an alternative to the agreements and the 200-foot setback, you may demonstrate that the proposed operations will not adversely affect the stability of these structures. 2. Please describe in more detail the dikes along the South Platte River that exist within the proposed permit boundary and any that exist 200 feet north and south of the permit boundaries. Include in your discussion the location of these dikes, their ownership, purpose, and design. Please locate them on Exhibits C and F. 910062 -2- If these dikes are owned by entities other than the applicant and exist within 200 feet of proposed affected land, then a copy of a damage compensation agreement must be provided to the Division by October 15, 1990. Failure to obtain such an agreement will require establishing a 200-foot activity setback from these structures until the agreements are reached. As an alternative to the agreements and the 200-foot setback , you may demonstrate that the proposed operations will not adversely affect the stability of the dikes. 3. How far off the ground are the utility lines? Is there a potential danger of raised equipment, such as loader buckets, dragline booms, or dump truck beds, coming in contact with these lines? If so, how will this be prevented? 4. Are there any underground permanent, man-made structures located in or within 200 feet of the proposed affected land? Such underground structures would include natural gas pipelines, communication and utility cables , and sewer and water lines. If there are, damage compensation agreements must be obtained for these structures as well . 5. Please explain why the proposed permit boundary extends to the east side of the South Platte River, when it appears that all affectea land will exist west of the river. 6. Neither Map C nor Map F portray the existing or proposed final topography with contour lines of sufficient detail to identify the direction and rate of slope of the affected land. Five-foot contours or even two-foot contours nay be necessary to comply with Rules 2.1 .2(4)(c) and 2.1 .2(7)(a). Please address. 7. Because of the nature of the operation, it is apparent that stockpiled material may need to be handled more than once during mining to allow for equipment access, processing plant relocation and material placement. Please indicate in Exhibit C which stockpiles will be topsoil and which will be overburden. Overburden may be rehandled for space purposes but topsoil , per Rule 6.4(4) , may not until respread for reclamation. 8. It is apparent that there will be approximately 279,268 cubic yards of overburden excavated by this operation. This is based on the combined acreage of the three excavation phases (57.7 acres) and the depth of overburden described on page D-1 (three feet). While some of this overburden has been proposed for reclamation , it is apparent that a large portion will not be. Please provide the amount of overburden that will be removed by mining, the amount proposed for reclamation, and where the balance will go. 9. Recent telephone discussions and correspondence in the Division 's files indicate you are working with the U.S. Army Corps of Engineers to obtain a Section 404 Dredge and Fill Permit. Have any of your proposed mining or reclamation plans changed in your MLRD application as a result of your discussions with the Corps? If so, what are they? i -3- 10. The September 14, 1990 letter from the Colorado Division of Wildlife to the Weld County Department of Planning Services states that in Phase II, final shoreline slopes will be no greater than 4H:1V. Please respond as to whether this will be a commitment from Asphalt Paving, as page E-1 of the application states "Final sideslopes created in the lakes will be the accepted 3:1 and 2:1 configuration... ". 11 . Will shoreline slopes be mined to the proposed final gradients , or will the pits have nearly vertical sidewalls that will be backfilled to final grade? We would recommend mining to final grade and no steeper, as subaqueous back f ill ing of vertical walls can result in greater amounts of material being required to achieve the approved slope configuration. If the walls will be mined vertical and then backfilled, please describe a maximum length of vertical wall that will exist before being backfilled. This is necessary for the Division to more accurately determine a financial warranty amount. If walls are to be mined vertical and then backfilled, please also provide the amount of overburden necessary to achieve the final slope configurations. Remember that subaqueous deposition of fine grained materials will result in a portion of the material spreading out along the bottom of the lake, instead of piling up against the wall . The extra amount of material necessary to achieve a subaqueously-deposited slope may be on the order of two to three times that required for a slope constructed under dewatered or dry conditions. 12. You have stated that no discharge is anticipated from the property. It is thus assumed that no sediment settling ponds will be constructed. Is this correct? 13. You have estimated total annual water consumption at 91 .5 acre-feet. You have also stated that to meet this consumptive requirement, you have secured the use of one share of stock in the Brighton Ditch Company. Please describe the yield of this share on a volume basis, as you must demonstrate whether the share can adequately meet consumptive needs. 14. Please address measures to be taken for surface sediment and drainage control for the disturbed area (berms , straw bales, silt fences, collection ditches, settling basins, etc. ). If collection ditches are proposed, please provide engineering designs, representative cross sections, gradients, and expected water velocities. If settling basins are proposed, please provide engineered designs and representative cross sections. 15. Material is proposed to be stockpiled along the west bank of the South Platte River. Please commit to stockpiling these materials west of the Phase I pit, and, if possible, out of the 25-year floodplain. As an alternative, please commit to replacing any materials stockpiled for reclamation that may be lost during highwater events. Please verify that you will check with the U.S. Army Corps of Engineers for any necessary permits regarding stockpiling materials along the riverbank. 916O6ni -4- 16. Please address flood control inlet and outlet structures or side channel spillways for the Phase I pit. These structures are necessary to efficiently route flood waters and reduce the potential for a breach in the east side of the pit. Engineered designs and cross sections should be provided. These structures should be designed to safely pass the flow of a 25-year flood. As an alternative, please commit to constructing a permanent berm between the South Platte River and the Phase I pit that will prevent the 25-year flood event from entering the pit. Berm designs and cross-sections should be submitted, and Maps C and F amended to reflect its location. 17. Please provide representative mining and reclamation cross sections for each pit. Please include elevations of the 25-year and 100-year flood events with respect to the west bank of the South Platte, and the protective berm if you elect to construct it. 18. Please commit to a topsoil replacement depth of at least 12 inches, as recommended by Max Moler, President of the West Adams Soil Conservation District Board of Supervisors (copy enclosed). It is apparent that this will be achievable as the majority of the site will be reclaimed to water surfaces and a surplus of topsoil will exist. 19. The West Adams Soil Conservation District has recommended that livestock not be allowed on the slope banks to prevent bank erosion (copy of letter enclosed). The SCD has recommended that all lakes be fenced above the cut slope area, and that at least one watering ramp, 50 to 100 feet wide with a gradient of 4H:1V, be installed in each lake. The SCD has also given criteria for fencing the watering ramps to restrict cattle from getting into the lake or onto the lake side slopes. Please commit these recommendations and provide the cost for the fencing and ramp construction. 20. Please commit to testing respread topsoil for fertilizer requirements . This is preferable to stating that four lbs/acre nitrogen and forty lbs/acre phosphorus will be used. Please commit to utilizing whatever requirements fertilizer testing indicates. 21 . Please commit to a 2-to-1 replacement of all trees removed by mining. Please be more descriptive in your planning of your tree and shrub clusters. For instance, please state the amount and spacing of trees and shrubs that will exist per cluster, and the number of clusters that will be established. Please commit to replacing all trees that are not successfully established after two years from the date of planting. Enclosures 0480F/scg ASS MUSS --MSS III TUTTLE APPLEGATE, INC. Consultants for Land and Resource Development October 9, 1990 Mr. Daniel Hernandez Mined Land Reclamation Division 1313 Sherman Street, Room 215 Denver, CO 80203 RE: Perry Pit; File 41M-90-98 • Dear Dan: We have received your letter of October 1 , 1990, outlining the adequacy items for the Perry Pit. I will respond to each one of your questions in the same order as your letter. 1. At the present time we do not have a written agreement to come closer than 200 feet to the Lupton Bottoms Ditch, the electric utility poles of Public Service Company, or the gas well and support facilities. We will attempt to obtain these agreements, but it is doubtful if that will occur prior to October 15, 1990 . The approval by Weld County of the Mining Plan will state that we have answered the transportation concerns of the Board of County Commissioners. Thus that approval will include the two County road bridges. The existing house is owned by the lessor and the Mining Plan complies with all the terms of the lease . Therefore , the house is not a concern. Further, the lessor has approved usage of the house by the lessee during the term of the lease . We agree to a condition in the approval that the Lupton Bottoms Ditch, the utility poles, and the gas well must have a 200 foot setback unless the operator supplies the Division with a sign-off letter modifying same . 2. The existing dikes on the property are low linear mounds of earth three to four feet in height. In general they are difficult to observe because of the overgrowth of vegetation. These dikes were constructed by the Army Corps of Engineers in the mid 60 ' s. The dikes were constructed either with or without the permission of the landowner and the Corps of Engineers obtained neither an easement nor a deed to perform the construction. In addition, the Corps of Engineers has never provided maintenance on the dikes. Therefore , these dikes are within the sole ownership of the property owner. 910062 AIMMOMmOaa IIIMMIammSala IMMOIN Mom TUTTLE APPLEGATE, INC. �.� Consultants for Land and Resource Development Mr. Daniel Hernandez Mined Land Reclamation Division October 9, 1990 Page 2 The mining lease which the operator has with the landowner implies permission to operate closer than 200 feet from the dikes . In addition, these dikes are located on the east side of the power transmission line and will not be affected by the mining operation. 3. The existing utility lines are some 40 to 50 feet off the ground. The only piece of equipment on our list able to hit these utility lines would be the excavator or the dragline . By positioning the piece of equipment in relation to the stockpiles and the powerlines and requiring certain equipment movement, contact with the utility lines will be avoided. 4 . Based on the survey performed by the licensed land surveyor and site observation, there are no underground structures or pipelines on the property. 5 . The permit boundary is based on the land ownership by Ed Perry. Asphalt Paving Co. has leased the entire parcel from Mr. Perry. In order to avoid additional expenses of surveying a permit boundary separate from the property line , the original land survey is being used. 6. We will provide proposed final contours on the Reclamation Plan in five foot contour intervals. The revised Reclamation Plan will be submitted under separate cover. 7. It is indeed true that a portion of the stockpiled material may need to be re-handled prior to final placement. Our revised Exhibit C ( included under separate cover) locates the stockpiles and also indicates which stockpiles are for topsoil. Topsoil stockpiles are located beyond the limits of mining so they will not be disturbed or re-handled prior to final reclamation. • S. Our calculations indicate there are approximately 215 ,000 cubic yards of overburden which will be moved during the mining operation. Our figure is less than yours because our revised Mining Plan avoids filling of wetland areas by reducing the area of disturbance . Since the property will be mined at 3: 1 side slopes, no backfilling is necessary. SEMBIIS Sella OhSO - - TUTTLE APPLEGATE, INC. Consultants for Land and Resource Development Mr. Daniel Hernandez Mined Land Reclamation Division October 9, 1990 Page 3 Therefore , little or no overburden will be needed in the reclamation. The excess overburden will either be used as fill material on other Asphalt Paving Co. projects or will be placed along the side slopes of the lakes to reduce the water surface area which will reduce exposed evaporative loss . Our Reclamation Plan does not include any of these filled areas because the possibility exists that all this material will be used on projects. Therefore , our water augmentation needs as outlined in Exhibit G are at the maximum. 9 . We have been working closely with the Corps of Engineers and have prepared a wetland delineation and map. This work has resulted in significant changes to the Mining Plan. The areas of disturbance have been reduced. You are in receipt of our revision dated October 2 , 1990. 10. We have also been working closely with the Colorado Division of Wildlife . Our revised Mining Plan of October 2, 1990, made significant improvements to preserving the prime wildlife habitat which is located in the southwest portion of the site . Therefore , all our mining slopes will now be at the accepted 3: 1 and 2 : 1 configuration. 11. All the side slopes of the pit will be mined only to the final configuration of 3: 1 and 2 : 1 slopes . There will be no subaqueous backfilling of any side slopes. 12. There may be a portion of these aggregates which are washed for concrete production. When a washing plant is brought onto the site , settling ponds will be constructed within the outlined processing areas of Phase I and II . These settling ponds will be 2 to 3 cells and will not have a discharge . In addition the Mining Plan does not involve any dewatering of the pit so there will be no discharge of any water off the property into the South Platte River or into the Lupton Bottoms Ditch. 13. In the mining lease, Asphalt Paving Co. has the use of one share of Brighton Ditch which delivers 410 acre-feet of water with a very senior priority. Safely assuming that half of this water is consumptive use, the operator has 200 acre-feet available for mine and evaporation use . 62 Mala • • la. Elea - TUTTLE APPLEGATE, INC. Consultants for Land and Resource Development Mr. Daniel Hernandez Mined Land Reclamation Division October 9, 1990 Page 4 14 . All surface runoff will be directed back into the pit. Therefore , there will be no berms , ditches, or settling basins involved with the mining itself. As mentioned above , there may be some settling basins involved with the washing of the product. These basins will all be closed. 15 . We are indeed proposing to stockpile overburden and topsoil materials between the Phase I pit and the South Platte River. Any stockpiles will be set back a minimum of 25 feet from the South Platte River. We do not know the flood level for the 25 year event. This would take very lengthy engineering calculations . We do know that the 10 year flood event stays within the present banks of the South Platte River on the west side . Since the overburden material will not be used in reclamation, we feel there is no need to replace it if losses occur in a flood event. We will stockpile the topsoil nearer the Phase I pit than the South Platte River, thereby lessening the chances that it could be washed away in a greater than 10 year flood event. Again, we have very adequate amounts of topsoil and do not feel we will be short in the reclamation. We will also check with the Army Corps of Engineers regarding any necessary permits for stockpile materials along the river bank. 16 . We have revised our Exhibit F to show flood control inlet and outlet depressions along the South Platte River channel . These depressions are approximately 300 feet long and will be some 2 to 3 feet deep. The cross sections are shown on Exhibit F. These depressions will be constructed when the mining occurs closer than 400 feet to the river and the overburden stockpiles are eliminated. 17 . Representative cross sections are shown on Exhibit C. As mentioned earlier, the mining will occur only to 3: 1 and 2 : 1 accepted side slopes. 18. The operator will re-topsoil to a depth of at least 12 inches . 91.0982 _. _ _ - TUTTLE APPLEGATE, INC. Consultants for Land and Resource Development Mr. Daniel Hernandez Mined Land Reclamation Division October 9, 1990 Page 5 19. There will be very little pastureland left. Therefore , the number of cattle on the property will be very limited. We do not believe it is necessary to do separate fencing above the cut slope or to fence cattle ramps down to the water. Cattle will only be allowed on the entire property when it is totally reclaimed and released from bond. There simply is not enough left over pasture that any cattle put on the property could damage any of the side slopes. The operator will test the respread topsoil for fertilizer requirements before any application and comply with the test results . 20. The operator will replace in a 2 for 1 replacement ratio all trees removed by mining . Exhibit F includes a detail of a tree and shrub cluster. The operator will replace all trees that have died after two years from the date of planting. As we mentioned, there will be additional maps forwarded to you under separate cover. We trust that your questions are answered by this letter. If you have any additional items please call Sprague Mayger of Asphalt Paving Co. ( 279-6611 ) or me . Cordially, TUTT/TLE APPLEGATE, INC. _ v! Gary, Tuttle GJT/cr cc: File #90-140 Sprague Mayger, Asphalt Paving Co. 91.0962 STATE OF COLORADO MINED LAND RECLAMATION DIVISION oF.cato Department of Natural Resources ��'.. �'�r NP 31711 O Denver, Sherman St, Room 215 *' nl� Denver,CO 80203 303 866-3567 • 'reps` FAX: 303 832-8106 Roy Romer, Governor October 16, 1990 Fred R.Banta, Division Director Mr. Sprague Mayger Asphalt Paving Company 14802 West 44th Street Golden, Colorado 80401 • RE: Perry Pit Application, Asphalt Paving Company , Second Adequacy Letter, File No. M-90-098 Dear Mr. Mayger: All the responses to our Adequacy Letter of October 1 , 1990 have been adequately addressed, except for the following: 1 . It is stated in your October 9, 1990 response letter that a 200-foot setback will exist from the Lupton Bottoms Ditch, the utility poles, the gas well , and the gas well support facilities. Map C, however, seems to indicate that excavation will occur within 100 feet of the gas well and the ditch . The "Notes" on Map C, additionally, state that the minimum setbacks from the gas well facilities and the ditch will be 50 feet. Map C also indicates that topsoil and overburden will be stockpiled within 50 feet of the utility poles. Map C also indicates that overburden will be stockpiled within 25 feet of the property boundary south of the Phase 1 Pit, while the "Notes" state that the minimum setback from the property line will be 25 feet. Please address these . discrepancies. 2. Please verify that the Phase 1 Pit flood control outlets have been designed for the 25-year/24-hour precipitation event. 3. We estimate that, as a result of mining plan changes, the total affected land acreage will now be 50 acres. Do you concur, and if not, what will the total affected land now be? 4. You state that there will be very little pastureland left at this site within the Perry property, and that the number of cattle allowed to graze in the area will not be significant enough to create bank erosion problems as discussed by the local Soil Conservation Districts. Please state the number of cattle that will be allowed to graze within this property once it is fully reclaimed, and the amount of area within the Perry property that will be used for grazing. Please also state whether the 4H:1V cattle ramps will be constructed. 90962 Mr. Sprague Mayger - 2 - October 16, 1990 5. Our bond calculations are as follows: A. Major disturbances (i) Overburden Redistribution: 107550 cy @ $0.80/cy $ 86,000.00 (ii) Scarify overburden/topsoil stockpile areas: 4 acres @ $150.00/acre 600.00 • (iii) Topsoil Redistribution: 11 acres X 1 ft. depth X 43560 sf/ac X 1/27 cy/cf = 17746 .67 cy @ $0.80/cy 14,197.00 (iv) Fertilizer Acquisition: 100 lbs/acre @ $12.00/100 lbs X 12 acs 144.00 (v) Seed Acquistion: $30/acre X 12 acres 360.00 (vi) Seed & Fertilizer Application: $45/acre X 12 acres 540.00 (vii) Mulch Acquistion: $60/ton X 2 tons/acre X 12 acres 1 ,440.00 (viii) Mulch Application: $45/acre X 12 acres 540.00 Subtotal $103,821 .00 B. Moderate Disturbances (i ) Topsoil Redistribution: 15 acres X 1 ft. depth X 43560 sf/ac X 1/27 cy/cf = 24200 cy @ $0.80/cy $ 19,360.00 (ii) Scarify plant site, access road, and scale: $150/acre X 15 acres 2,250.00 (iii) Fertilizer Acquisition: 100 lbs/acre X $12/100 lbs X 15 acres = 180.00 (iv) Seed Acquisition: $30/acre X 15 acres 450.00 (v) Seed and Fertilizer Application: $45/acre X 15 acres 675.00 Mr. Sprague Mayger - 2 - October 16, 1990 (vi) Mulch Acquisition: $60/ton X 2 tons/acre X 15 acres 1 ,800.00 (vii) Mitch Application: $5/acre X 15 acres 675.00 Subtotal $ 25,390.00 C. Minor Disturbances • (i) Seed Acquistion: $30/acre X 2.5 acres 75.00 (ii) Fertilizer Acquisition: $12/acre X 2.5 acres 30.00 (iii) Seed and Fertilizer Application: $45/acre X 2.5 acres 112.50 (iv) Mulch Acquisition: $60/ton X 2 tons/acre X 2.5 acres 300.00 (v) Mitch Application $45/acre X 2.5 acres 112.50 Subtotal $ 630.00 D. Mobilization/Demobilization $ 500.00 Grand Subtotal $130,341 .00 E. Indirect Costs 15.81% of Grand Subtotal 15.81% of $130,341 .00 $ 20 ,606.91 F. Financial Warranty Amount (rounded): $150,950.00 Sincerely, td-Le CJe/lLelk-i t,(Cc Daniel I. Hernandez U Reclamation. Specialist DIH/eke/gaw cc: Gary Tuttle Tuttle-Applegate, Incorporated 11990 Grant Street, Suite 410 Denver, CO 80233 911962 0794F asossera - . _ ass . - TUTTLE APPLEGATE, INC. Consultants for Land and Resource Development October 16, 1990 Mr. Dan Hernandez Mined Land Reclamation Division 1313 Sherman Street, Room 215 Denver, CO 80203 RE: Perry Pit; File #M-90-098 Dear Dan: We received your second adequacy letter of October 15 , 1990. I will respond to the questions in the same numerical order as your letter. 1. We cleared up the discrepancies between the plans and the notes about the setbacks. Also we have included a cover note which says that our setback will be 200 feet from the gas well, Lupton Bottoms Ditch, and electric utility poles until we are able to provide a written agreement. In our other applications to Weld County, the County has always asked for the setback to the edge of mining from the property line. We have been allowed by the Weld County Zoning Inspectors to put overburden and topsoil stockpiles along the property line. 2. This stretch of the South Platte River has never been studied to determine the 25 year flood event. Only the 100 year flood event has been mapped. To determine the 25 year flood event would require extensive engineering calculations which is unreasonable for this application to bear. We have sized our side channel spillways to handle the flood in a reasonable fashion and also in order to avoid the excavation and destruction of wetlands along the South Platte River. 3. Our calculations indicate the Phase I and II mining areas are about 45 acres. The stockpiles as noted on Exhibit C could be 5 acres for a total of 50 acres. Our Table of Disturbance in Exhibit D indicates the maximum disturbance that could occur at any one time considering concurrent reclamation. By avoiding some wetland areas and revising the Mining Plan we believe this Table of Disturbance may even be less. The access road into the asphalt plant is much shorter and the scale has been combined into the area of the asphalt plant. We may now be talking about an area less than 32 acres. at n62 IMIMMOMMEMPIft - TUTTLE APPLEGATE, INC. Consultants for Land and Resource Development Mr. Dan Hernandez Mined Land Reclamation Division October 16, 1990 Page 2 4. Looking at the Reclamation Plan, we estimate about 25 acres available for cattle grazing in the final land use . Most 'of this ground is undisturbed land, which is now very poor pastureland. We estimate the maximum number of cattle which could be grazed on this property is 20. Cattle could not be grazed all season long because not enough weight of palatable forage is produced. We believe that several times a year the property owner could bring about 20 head of cattle onto the property. Because of this light grazing, we do not believe that fences around the top of the pit or cattle ramps down to the water are necessary. There simply will not be enough cattle to impact these slopes. 5 . We do disagree over the bond amount. The main area of difference is in the Major Disturbance category. Our Table of Disturbance in Exhibit D indicates that 5 acres will be actively mined at any one time . This 5 acres will actually be water surface into which the dragline or backhoe is digging. Therefore, this water surface does not need to be reclaimed. Your acreages throughout the Major Disturbance category indicate 12 acres which need topsoil distribution and planting. Therefore, our Exhibit L contains 5 less acres than your calculation. Secondly, your overburden redistribution involves half of the total overburden generated by the site . Our plan cannot store that many cubic yards of overburden. Our stockpile area can store 30,000 cubic yards. Our Exhibit L has 9, 680 cubic yards for replacement over the stripped area. Therefore, we have an additional 20, 320 cubic yards of overburden to either redistribute on the site or dump in the lake. Any amount of overburden in excess of 30,000 cubic yards will either have to be removed from the site or dumped into the lake. In our Moderate Disturbance we are fairly close . We note the $6,000 difference. We have included two plant sites because our point in time for reclamation is the transition between Phase I and II . We will agree with your figure . 91.0062 arn - TUTTLE APPLEGATE, INC. Consultants for Land and Resource Development Mr. Dan Hernandez Mined Land Reclamation Division October 16, 1990 Page 3 In the category of Minor Disturbance , there is approximately S2,000.00 difference. Since we will be using your Moderate Disturbance, we should also go along with your calculations for Minor Disturbance . In addition, we understand your desire now to include a category for Mobilization and also a category for Indirect Costs of Administration. With this letter we are enclosing a new Exhibit L based on our comments under Major Disturbance . Also included with this letter is revised Exhibit C with the various notes regarding the setbacks which we discussed. Please give me a call if we need to talk further about the Reclamation Cost Estimate. Cordially, TUTTLE APPLEGATE, INC. Gary . Tuttle GJT/cr Encs. cc: Pile #90-140MLRD Sprague Mayger, Asphalt Paving Co. • 910062 EXHIBIT L RECLAMATION COSTS These reclamation costs are based on the maximum amount of disturbance which would occur during the mining operation. We have identified this point when the mining is about half way through Phase I, when the portable asphalt batch plant is located on the site, the portable crusher/screening plant is on the site , stockpiles of off-site material (mainly concrete and asphalt for recycling) are located on-site and there are approximately 2-3 years worth of stockpiled overburden and topsoil . This exhibit corresponds with the Table of Disturbance in Exhibit D. The main access road will remain after mining to provide access to the Barrett Energy gas well on the property. This road has not been included in the disturbance calculations. Maior Disturbance Item Cost/ No. Item Amount Units Unit Cost 1 . Replace overburden on 3 acre stripped area 9,680 CY $ . 80 S 7, 744.00 2. Additional overburden re- distribution 20,320 CY $ . 80 $16 , 256.00 3. Scarify overburden and topsoil stockpile areas, 4 .0 acres 19, 360 SY $ . 15 $ 2, 904 .00 4 . Spread topsoil at 6-12" on 3 acre stripped area and 2 . 5 acre setback and slope area 8,873 CY $ . 80 $ 7 ,099. 00 5 . Seed, fertilize, mulch 9. 5 AC S500. 00 $ 4, 750. 00 SUBTOTAL $38,753.00 Moderate Disturbance 6 . Scarify two plant sites, scale house 7. Seed, fertilize, mulch 91.0962 SUBTOTAL $25,390.00 L-1 Minor Disturbance 7 . Seed, fertilize, mulch slope and setback 8. Reseeding SUBTOTAL $ 630.00 TOTAL $64,773.00 9 . Mobilization/De- I I I I mobilization I 1 .0 I EA I S500.00 I $ 500. 00 I I I I 10. Indirect costs I 1 . 0 I EA I 15 . 78% IS10, 280.00 GRAND TOTAL 575,553.00 Total disturbance at any time - 29. 5 acres Reclamation cost per acre • $2 , 561 .00 310062 STATE OF COLORADO MINED LAND RECLAMATION DIVISION OF COO Department of Natural Resources �'� �A90 1313 Sherman St.,Room 215 ° Denver,CO 80203 303 866-3567 r " ' FAX: 303 832-8106 ie n Roy Romer, Governor October 19 1990 Fred R.Banta s Division Director Mr. Sprague Mayger Asphalt Paving Company 14802 West 44th Street Golden, Colorado 80401 RE: Asphalt Paving Company, Perry Pit, File No. M-90-098 Dear Mr. Mayger: On October 18, 1990, the Mined Land Reclamation Board approved your 112 Regular Operations mining permit application. The amount of financial warranty set by the Board for this operation is $75,553. You must submit a financial warranty in this amount and a performance warranty in order for us to issue a permit. PLEASE NOTE THAT MINING OPERATIONS MAY NOT COMMENCE UNTIL A PERMIT HAS BEEN ISSUED BY THE DIVISION AFTER RECEIPT OF YOUR FINANCIAL WARRANTY AND PERFORMANCE WARRANTY. If you have any questions, please contact me. Sincerely, jealide414 Daniel I. Hernandez Reclamation Specialist DIH/yjb cc: Gary Tuttle 0929F 91.0062 1 mEMORAnDu l Wilk Lanell Curry, Planning �� , 1991 To DdfS COLORADO From Drew Scheltinga, County Engineer Asphalt Paving Company, USR-921 Subject: The Road Maintenance Agreement submitted by Asphalt Paving Company is very similar to the agreement approved between Weld County and C & M. Asphalt Paving's entrance is on the west side of the Platte River, and C & M's entrance is on the east side. Asphalt Paving would repair and maintain Road 6 between their entrance and C & M's entrance, and then share the maintenance with C & M between C & M's entrance and U.S. Highway 85. I think this agreement is adequate for submission to the Board of Weld County Commissioners for their consideration. 19` Nett Cc, 're,, , . DS/mw:prapc cc: Commissioner Harbert Planning Referral File - Asphalt Paving Company, USR-921 el tfy.ip? SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING November 20, 1990 A regular meeting of the Weld County Planning Commission was held November 20, 1990, in the County Commissioners' Hearing Room (Room #101) , Weld County Centennial Building, 915 Tenth Street, Greeley, Colorado. The meeting was called to order by the chairman, Jerry Kiefer at 1 :35 p.m. Tape 382 Roll Call Richard Kimmel Present Ann Garrison Present Rick Iverson Absent Jean Hoffman Present Don Feldhaus Present Judy Yamaguchi Present LeAnn Reid Absent Bud Clemons Present Jerry Kiefer Present A quorum was present. Also present: Lanell Curry, Current Planner, Department of Planning Services, Wes Potter, Weld County Department of Health Services, Lee Morrison, County Attorney's Office, Sharyn Ruff, Secretary. The summary of the last regular meeting of the Weld County Planning Commission held on November 6, 1990 was approved with the exception, Don Feldhaus voted "No" and page 3 reflects a unanimous "Yes" vote. The November 6, 1990 summary has been corrected. CASE NUMBER: USR-921 - Continued from October 16, 1990 APPLICANT: Asphalt Paving Company REQUEST: A Site Specific Development Plan and Special Review permit for open pit mining and materials processing and an asphalt batch plant in the agricultural zone district. LEGAL DESCRIPTION: Part of the NE} of Section 25, T1N, R67W and part of the NW} of Section 30, TIN, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: East of and adjacent to the community of Wattenberg; south of Weld County Road 6, approximately .25 miles west of Highway 85 . Sprague Mayger, Representative for the applicant, Asphalt Paving who has submitted a request to operate a wet mining operation with an accessory use of a portable asphalt plant. This particular activity is similar to many others along the South Platte River area with the exception of the close proximity to the town of Wattenburg. Existing trees screening the asphalt plant from the neighboring homes will be left and berms will be placed to help with noise reduction to the surrounding community. This particular area is located in the floodplain and the berms help deter the water flow 91,06 it" a A - x +J I / T PLANNING COMMISSION SUMMARY November 20, 1990 Page 2 should the area flood. The asphalt plant was originally to be placed in the southwest corner of the area but due to community response will now be located at the furthest point from the housing development in the northeast corner of the property. Access to the operation will be Weld County Road 6. Most travel will be to the east from the access point to Highway 85, No traffic from the access point will travel through Wattenburg with the exception of local deliveries. The chairman called for discussion from the board. Ann Garrison questioned the control o£ flooding in Phase I in terms of inlets and outlets and asked where they would be located. Jerry Kiefer was concerned about screening to the west toward the town of Wattenburg and the proximity to the town center and the church. Jean Hoffman wanted to clarify the term "portable" regarding the asphalt plant. Ann Garrison wanted to know the maximum number of days and hours the operation would be open. Sprague Mayger responded by pointing out the location of the approved berms, and explained the location of the trees and berms separating the proposed operation from the church on the east side of town, which is about 500 ft. , from the operation. Applied restrictions are the Department of Wildlife listing the area between the operation and the town as a wetland area. He explained the term "portable" applied to the asphalt plant does not mean within the property lines of the operation near Wattenburg, but through-out the state of Colorado. Hours of operation would be 6:00 a.m. - 6:00 p.m. Monday through Saturday, with repair work and maintenance on Sunday. They have requested that no hourly restrictions be placed on the asphalt plant due to demand. Jerry Kiefer wanted to know if noise restrictions would apply. Lanell Curry explained that restrictions were covered in the Development Standards and introduced Wes Potter from Weld County Department of Health who has established those standards. Wes Potter explained that the Health Department has conducted, within the last year, studies on asphalt batch plants and mining operations in general. Studies found that most operations were required to stay within a level of 70 decibels. Surveyed operations actually ran at about 65 decibels and are PLANNING COMMISSION SUMMARY November 20, 1990 Page 3 not a significant impact offsite. The studies do not differentiate between day and night because they feel this is an appropriate level. Don Feldhaus wanted to know the expected depth of the lakes that would result from the mining operation. Jean Hoffman stated that she was impressed that after meetings with the townspeople the company gave up operations in the southwestern unit, but was concerned that in the future it could possibly be moved back. Sprague Mayger responded that gravel deposits should be about 25 feet deep. He also stated that Asphalt Paving would not change their plans at a future point. Fe stated, emphatically, that they were not going to mine the southwest quarter. Bud Clemons was concerned about after hours operation, specifically at night. Lanell Curry read Development Standard #3 to the Planning Commission and suggested that they specify night hauling. Ann Garrison wanted to know if the noise levels for the sand and gravel trucks would exceed the 70 decibel level. Wes Potter explained that when there is more moisture in the air and the vegetation is there in the warmer months the sound doesn' t carry as well as it does in the colder barren months. Sprague Mayger explained that they would not be doing alot of heavy mining or running maximum equipment during those extremely cold times unless an emergency scenario warranted. The warmer months are the most productive for this type of operation. Bud Clemons asked when they planned to begin the mining operation and projections for termination. Jean Hoffman ask Sprague Mayger to briefly highlight the history of Asphalt Paving. Sprague Mayger stated that they would not be starting anything at all within a years time-frame due to the market, although they would be bidding and establishing contracts as soon as possible. He also explained that the company is a Colorado based, third generation, family owned business with the headquarters located in Golden, Colorado. Judy Yamaguchi was interested in how many trucks would be entering and exiting from the property in a 12 hour period. Sprague Mayger replied with a guess of 100 to 150 vehicles maximum. 910062 PLANNING COMMISSION SUMMARY November 20, 1990 Page 4 The Chairman called for discussion from the audience. Tom De Herrera was concerned about fencing around the property due to the quantity of children in the housing development. He also stated that because of the rivers in the area, heavy fogs make Highway 6 extremely dangerous and the added vehicles traveling the route would be a safety hazard for the citizens of Wattenburg. He was also concerned about the possibilities of drownings in the gravel pits. John Sailas was opposed Asphalt Paving Company being located so close to the residential areas. He also mentioned the fog hazards and stated that some type of caution sign or lights would definitely be needed at the access road into the mining operation. George Stieber owns the farm across the road from the proposed mining site to the north . He was extremely concerned with the berming proposals because the berming to the southeast of the mining site would direct the water in a much more concentrated rush onto his property. He listed previous years when that particular area had been flooded out, to include 1965, 1969, 1973. He stated that no berm what-so-ever would be better. He was not opposed to the proposal of the site for the mining operation. John Sailas asked to be recognized again and repeated his concerns. He added that the school district and the bus driver's for the local high school had voiced concerns about the heavier traffic cominc from the access road. Sprague Mayger replied that barbed wire fencing was required for livestock control, plus the Department of Wildlife would not allow complete chain link due to the fact that the one section is considered a wetland. A chain link fence between the areas of the community center and the church would remain. No trespassing signs would be posted. The dangers of children drowning in the gravel pits was considerably less than in the nearby river where no control signs are posted. As to the problems of fog, Asphalt Paving has their own safety regulations to abide by and this would be covered under those regulations. Sprague Mayger also agreed to leave openings in the berm or omit the berm entirely that George Stieber was concerned about. Ann Garrison asked Lanell Curry why this case was being presented before the concerns dealing with hazards from flooding had been adequately addressed. Lanell Curry explained that this is policy. Upon recommendation for approval it would be conditional upon them meeting the flood hazard overlay district requirements. Lee Morrison arrived at 3 :00 p.m. PLANNING COMMISION SUMMARY November 20, 1990 Page 5 Bud Clemons stated that it is the Planning Commissions responsibility to weigh all the evidence possible before they arrive at a decision . He further stated that these agreements to be made by the applicant between this meeting and the County Commissioners' meeting appears unintentional, however there is a void created from lack of information at this meeting that they should have. Lanell Curry explained that because of the Commissioners' action, the Planning Staff has made changes in what we require from people who are applying for a mining permit. The applicants will be addressing many of these questions up front in their initial application. However, we have had this particular application since July, but are trying to do a better job about getting information to the Planning Commission. Jerry Kiefer stated that for the benefit of the people who are here in the audience this type of operation often is near a town and the question of fencing is a pertinent one. Judy Yamaguchi left the meeting at 3 :15 p.m. Jean Hoffman brought up the fog issue and wanted to know if there was any way possible to limit the operation during extreme fog. Bud Clemons replied that if the fog was such a major issue the County has a responsibility to post those areas, as they do in other areas where fog is a hazard. He also questioned the fencing on the northwest section as to whether or not is was extended far enough south. Lanell Curry explained that the western section that Asphalt Paving had not fenced was an abandoned building with its own fencing around the back. It acted as a barrier for the section of concern. Jerry Kiefer requested that the staff read its recommendation. Lanell Curry • read the recommendation to the Commission. Bud Clemons wanted to be sure to recognize the fact that the citizens of Wattenburg and the Wattenburg Improvement Association did submit a petition that contained approximately 139 signatures and in a previous meeting that had been postponed the auditorium was basically filled with concerned citizens. MOTION: Ann Garrison moved Case USR-921 be forwarded to the Board of County Commissioners with a recommendation for approval based on the staff's conditions, comments and Development Standards. 91.0062 PLANNING COMMISSION SUMMARY November 20, 1990 Page 6 Ann Garrison also stated to the people in the audience from Wattenburq that she understood the conflict involved living near industry of this type. She hoped that with the staffs' conditions and Development Standards would be effective so that the quality of life would not be too negatively affected in Wattenburg . She stated that she felt this applicant had done much more than most applicants in their willingness to meet with the citizens of Wattenburg and adjust the plan accordingly. Ann Garrison also commended the citizens of Wattenburg for their actions in staying with their beliefs the entire time. Bud Clemons seconded the motion. The Chairman asked the secretary to poll the members. Richard Kimmel - yes; Ann Garrison - yes; Jean Hoffman - yes; Don Feldhaus - yes; Bud Clemons - yes; Jerry Kiefer - yes. Jerry Kiefer also wanted to second Ann Garrison's comments and wanted to thank the people in the community. He encouraged the community to continue to work together regarding concerns. The meeting was adjourned at 3:50 p.m. Respectf itted n oko,.vok. (_) 1 Sharyn F. Ruff Secretary BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Ann Garrison that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-921 NAME: Asphalt Paving Company ADDRESS: 14802 West 44th Avenue, Golden, CO 80403 REQUEST: A Site Specific Development Plan and a Special Review permit for open pit mining and materials processing and an asphalt batch plant in the Agricultural zone district. LEGAL DESCRIPTION: Part of the NE} of Section 25, TIN, R67W and part of the NWi of Section 30, T1N, R66W of the 6th P.M., Weld County, Colorado. LOCATION: East of and adjacent to the unincorporated Town of Wattenberg; south of Weld County Road 6, approximately .25 miles west of Highway 85 . THE PLANNING COMMISSION RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: I. The submitted materials are in compliance with the application requirements of Sections 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 comprehensive plan encourages the extraction of mineral resources when the mining plan promotes reasonable and orderly development of the mineral resources. The--comprehensive plan also encourages land-use development proposals within an urban growth boundary as long as they conform to the desires of the local land-use decision making body-. The City of Fort Lupton Planning Commission recommended conditional approval of this request at its August 14 meeting. The City of Brighton Planning Department has expressed concerns, but has recommended conditional approval if the concerns are adequately addressed. The conditions of approval and development_ standards will ensure that theseconcerns are mitigated. _- The proposal is consistent with the intent of the Agricultural zone district and is provided for asa-use by special review. - - - - - - 91.006 - Conditions of approval and development standards will ensure compatibility with the existing surrounding land uses which include Weld County Road 6, oil and gas production, river bottom, agricultural production, gravel mining and materials processing, radio towers, and the unincorporated Town of Wattenberg. The use will he compatible with the future development of the surrounding area as permitted by the Agricultural zone district. - The Special Review permit site is located in the 100-year floodplain. Special Review permit development standards address the overlay district requirements. No other overlay districts affect the site. - Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. This recommendation is based, in part, upon review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Planning Commissions' 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 recording the Special Review permit plat: - the following note shall be placed on the plat: "The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities . Activities related to mining and reclamation are, therefore, under the jurisdiction of the Mined Land Reclamation Board. However, Weld County has jurisdiction of those matters outlined in the Development Standards." - the plat shall be amended to show: a total 40 foot right-of-way reservation south of the centerline of Weld County Road 6. 4. Prior to scheduling this application -before the Board of -County -- Commissioners: - an off-site road improvements and maintenance agreement proposed by the applicant shall be submitted to the Department of Planning Services. The agreement shall mitigate impacts generated on Weld 9.1.006 County Road 6 by this mining operation. The agreement shall include the type of road improvements, means of financing, and time frame for construction; - a plan for monitoring wells to address water quality and quantity issues, shall be submitted to the Department of Planning Services' and will be reviewed by the Weld County Health Department; - a Flood Hazard Overlay District Application which adequately addresses structures and stockpiles in the floodplain shall be submitted to and reviewed by the Department of Planning Services. The application shall show that no barriers will be created which will unnaturally divert flood waters, or which may increase flood hazards in other areas; - a dust abatement plan shall be submitted to the Department of Planning Services and will be reviewed by the Weld County Health Department; - a weed control plan and a grazing management plan shall be submitted to the Department of Planning Servies and will be reviewed by the Platte Valley Soil Conservation District; - the Lupton Bottom Ditch Company shall approve the culvert across the Lupton Bottom Ditch. 5 . Prior to the special review permit 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 other legal water supply for the mining operation and all water uses; - an NPDES permit has been obtained from the Water Quality Control Division of the Colorado Department of Health, if required; - an Air Emissions permit has been obtained from the Air Pollution Control Division, Colorado Department of Health, for fugitive dust and odors, if required; - the Use by Special Review activity will not cause injury to vested or conditional water rights as set forth in Section 44.4.11 of the Weld County Zoning Ordinance. - signs stating "No Trespassing" have been posted along the western boundary of the leased area at intervals of one hundred feet and; - a 6 foot chainlink fence has been placed on the north property line, west of the Lupton Bottom Ditch to the western property border and along the west property line adjacent to the community center. Motion seconded by Bud Clemons. 31.1.C96r2 VOTE: For Passage Against Passage Richard Kimmel Ann Garrison Jean Hoffman Don Feldhaus Bud Clemons Jerry Kiefer 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 of the Weld County Planning Commission do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on November 20, 1990 and recorded in Book No. XIII of the proceedings of the Planning Commission. Dated the 20th of November, 1990. (----A Sharyn F. JJRuff Secretary 910062 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS ASPHALT PAVING COMPANY USR-921 1. The Site Specific Development Plan and Special Review permit is for open pit mining, materials processing, and an asphalt batch plant in the 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 Article 68 of Title 24 C.R.S. , as amended. 3 . . The gravel mining operation shall comply with Sections 44.4 and 44.5, of the Weld County Zoning Ordinance. Any violation of these regulations shall be grounds for enforcement of Section 44.6 of the Weld County Zoning Ordinance. The asphalt plant may be operated after sunset when asphalt is needed for public road improvement projects. 4. The property shall be maintained in compliance with the Weld County Flood Hazard Overlay District requirements. 5. The property shall be maintained in compliance with the requirements of the Army Corps of Engineers and Section 404 of the Clean Water Act, if applicable. 6. The mining activity shall be maintained in compliance with the requirements of the Oil and Gas Conservation Commission. 7. The haul route to the site shall be designated as Weld County Road 6 from the access east to Highway 85. No truck traffic shall be allowed through the Town of Wattenberg or west on Weld County Road 6, except for local deliveries. 8. The applicant shall remove, handle, and stockpile overburden, soil, sand, and gravel from the facility area in a manner that will prevent nuisance conditions. 9. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 10. No permanent disposal of wastes shall be permitted at this site. 11. No mining shall take place within 100 feet of the South Platte River. 12 . No drainage or run-off water shall be permitted into the Lupton Bottom Ditch. 13. No mining activity including stockpiling shall be permitted within 200 feet of the Lupton Bottom Ditch unless written authorization is received from the ditch company. 91.C1S2 • 14. The property shall be maintained in compliance with the plan regarding monitoring wells, which has been approved by the Weld County Health Department. 15. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 16. Fugitive dust shall be controlled on this site. 17. 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 operation. 18. The maximum permissible noise level shall not exceed the light industrial limit of 70 dB (A) , as measured according to 25-12-102, Colorado Revised Statutes. 19. An individual sewage disposal system, or a vault, is required for the proposed facility and the system shall be installed according to the Weld County Individual Sewage Disposal Regulations. 20. The facility shall have sufficient equipment available to implement the dust abatement plan as approved by the Weld County Health Department. 21. All stockpiling of material shall be located outside of wetland areas. No wetland area shall be filled for the conveyor construction. 22 . Areas used for topsoil stockpiles shall be seeded after topsoil has been removed. 23. The property shall be maintained in compliance with the Weed Control Plan and the Grazing Management Plan as approved by the Platte Valley Soil Conservation District. 24. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 25. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 26. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 27. 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. 28. 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 Hoard of County Commissioners before such changes from the plans or Development Standards 91.0162 are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 29. 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. ADDITIONAL COMMENTS USR-921 ASPHALT PAVING Several telephone inquiries have been received from surrounding property owners. Inquiries concerned truck traffic and water quality. Petitions signed by citizens of Wattenburg were hand delivered to the Department of Planning Services on August 21. The petitions express concerns regarding water, noise and dust pollution, and truck traffic. The City of Brighton sent a second letter expressing areas of concern. These items have been addressed by other referral agencies. The City of Brighton's letter stated that if the issues have been addressed to the satisfaction of the Weld County Planning Staff, then the City would have no problem with the application being approved. 91.0082 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: Asphalt Paving Case Number: USE-921 Submitted or Prepared Prior to _Hearing At Hearing -------- 1. Application 16 Pages X 2. Application plat 3 pages-revised plat-3 pages X 3. DPS Referral Summary Sheet X 4. DPS Recommendation X 5. DPS Surrounding Property Owner's Mailing List X 6. DPS Mineral Owner's Mailing List X 7. 2 DPS Maps Prepared by Planning Technician X 8. DPS Notice of Hearing X 9. DPS Case File Summary Sheet X 10. DPS Field Check X 11. October 1, 1990 letter from Mined Land X Reclamation Board to Sprague Mayger. 12. October 1, 1990 memo from Mined Land X Reclamation Board to Sprague Mayger. 13 . October 9, 1990 letter from Tuttle Applegate to X Mined Land Reclamation Board. 14. October 16, 1990 letter to Sprague Mayger from X Mined Land Reclamation Board. 15. October 16, 1990 letter from Tuttle Applegate to X Mined Land Reclamation Board. 16. October 19, 1990 letter of approval from Mined X Land Reclamation Board. 17. Field check from Judy Yamaguchi, Planning X Commission Member. 18. July 30, 1990 referral from West Adams Soil X Conservation District. 19. August 3, 1990 referral from Weld County Health X Department. 20. August 1, 1990 referral from Division of X Wildlife. 21. July 27, 1990 referral from Army Corps of X Engineers. 22. July 31, 1990 referral from Colorado Water X Conservation Board. 23. July 30, 1990 Notice from Mined Land Reclamation X Board. 24. July 20, 1990 Notice from Mined Land Reclamation X Board. 25. July 19, 1990 letter to Sprague Mayger. X 26. November 9, 1990 fax from City of Brighton. X 27. October 29, 1990 letter from Army Corps of X Engineers. 9100-32 00 2 13 iT- rim Asphalt Paving USR-921 Page 2 Submitted or Prepared Prior to Hearing At Hearing 28. October 19, 1990 referral from West Adams X Soil Conservation District. 29. October 18, 1990 letter to Army Corps from Tuttle X Applegate. 30. October 11, 1990 letter to West Adams Soil X Conservation District from Tuttle Applegate. 31. October 3, 1990 letter to Army Corps from X Tuttle Applegate. 32. October 2, 1990 referral from City of Brighton X 33. October 1, 1990 letter to Larry Rogstad from X Sprague Mayger. 34. September 14, 1990 referral from Division of X Wildlife. 35. August 30, 1990 referral from Division of X Water Resources. 36. August 14, 1990 referral from Weld County X Engineering. 37. August 14, 1990 minutes from Fort Lupton X Planning Commission. 38. August 13, 1990 referral from City of Brighton. X 39. Citizens petition from Community of Wattenberg X (12 pages) . I hereby certify that the 39 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office on December 27, 1990. efiGt C rrent P a "et STATE OF COLORADO ) COUNTY OF WELD ) \ SUBSCRIBED AND SWORN TO BEFORE ME THIS day of �b� V)19( . SEAL UBL My Cc:;:r.tcfe :cLcr fly, 1 4., My Commission Expires x .. 01 )? EXHIBIT INVENTORY CONTROL SHEETCase 4- ��J�J1 �ziA-f�/� l l��Z�t�y �i Cep. Exhibit Submitted By Ex—hi�bit Description A. .. ) et_ i c B• 7 -nom � 7�1 , �22r.��i v -5-04?-e ,,ta:;4e ' /77 D. C-/ f 7 L- ra 1, 7 A E. Lei Jr_2C"L-- �i r'-fc 447 t F. G. H. I. J. K. L. M. N. O. 1-- 91.006 e6 MEMORAnDum W � C rc orroMark Matulik - Colorado Water Date December 27, 1990 l; Conservation Board COLORADO• „mLanell J. Curry, Current Planner, Weld County Department of Planning Services sueieUSR-921-Asphalt Paving - Flood Hazard Development Permit Application As we discussed today, attached is a copy of a Flood Hazard Development Permit, which was submitted to us by Asphalt Paving Company. I would appreciate your review and any comments or concerns you may have. If at all possible, please reply by January 11, 1991. Thanks for your help. If you have any questions, please call. 91.093g. i tf; MEMORAilDUM � � Wilk Roy Dell, Platte valley Soil Conservation District December 26, 1990 Date Ll' COLORADO From Lanell J. Curry, Current Planne 61r(- OSR-921 - Asphalt Paving Par of/the NE} of Section Subject: 15, TIN, R67w and part of the NW: of Section 3u, TIN, R66W of Use Ws P.M. , Weld County, Culusadu Attached are copies of a weed control plan and grazing management plan as submitted by Asphalt Paving Company. Please review the proposed plans and let me know your comments or concerns as soon, as possible. Thanks. • 91.0162 '' ' MEMORAnDum Wes Potter, Director To Environmental Protection SeAateec December 26, 1990 COLORADO From Lancl7. S. Curry, Current R3 74,3,+'" Subject: n$ic�-"� _ a•• yt ➢'Viiig FaSLLN�the Nfi O� $6Ct� 25. T1N. R67W and part ref the NW} of certinn 30. TIN. R66W of the 6th P.M., Weld County, Colorado Attached are copies of a plan for monitoring wells and a dust abatement plan as submitted by Asphalt Paving. Please review these proposed plans and let me know your comments or concerns as soon as possible. Thanks. Aitir;‘ MEMORAnDum ��'��• Drew ScheltCounty nga Engineering To Weld County Engineering Date December 26, 1990 ti COLORADO From tanell J. Curry, Current Plann/eerr1�f subject: CSR-921 - Asphalt Paving Cart of the NE} of Section 25, T1N, R67W and part of the NWi of Section 30, TIN, R66W of the 6th P.M., Weld County, Colorado Attached is a proposed road improvement and maintenance agreement submitted by Asphalt Paving Company. I believe Cary Tuttle put the proposal together. Please review this proposed agreement and let we know your comments and concerns as soon as possible. Thanks. oK — I — IS' 41 • :310032 The Sirs 4 Za ► S, 14802 WEST 44TH AVENUE �V'N GOLDEN,COLORADO 80403 (303) 279_6611 CO. December 26, 1990 Lanell Curry 01O1LIM4;i0-0/1 Weld County 915 10th Street 80631u" 2 19�� Greeley, CO �_ RE: Perry Pit ;^ r , Case Number VRS-921 ae .^Cf'zicn Dear Lanell: Attached please the BOCC find the following submittals Lupton clarification above as requested for Bottoms regarding referenced case. Lupton Ditch, a road g the culvert They monitoring g program, a weed maintenance agreement, of the These Plan and control greement, a items should a flood hazard developmentgratin well regarding g plan, a dust g the above, please advise. If Youneedrmit anythinglfurther Yours truly, ASPHAL PAVING CO. @/q/ djz SP ue . MbI ayger Vice President SMM/bj el.6062 The sir, oi 2.44 14802 WEST 44TH AVENUE GOLDEN,COLORADO 80403 si (303) 279-6611 AN IV/N CO. December 21, 1990 _ _ Lanell Curry jtt., 2 6 1990 Weld County 915 10th Street Greeley, CO 80631 tz.3 ",, y,--:,5b .winyea RE: Perry Pit WCR6 Dear Lanell: Please be advised that as a result of the changes in our mining plan, we do not anticipate placing a culvert in the Lupton Bottoms Ditch for roadway access to either side of our mining site. Our plan at this time (see mining plan) is to convey (by ground conveyor) material across the ditch as necessary. As a result, we are not dealing with the Ditch Company at this time. Should this change, we will contact the Lupton Bottoms people and proceed accordingly. Yours truly, ASPQHA'J"�' 9PAVING CO. / p agu M. Mayger Vice President SMM/bj 91.00?, HONITORING WELL PROGRAH The operator will install two ( 2 ) groundwater monitoring wells along the west side of the property. The first well will be located near the northwest corner of the property and the second well will be located midway into the property to the west of the gas well . The wells will be made of 18" corrugated metal pipe installed approximately ten feet into the ground. In the initial year of thq operation, these wells will be monitored on a monthly basis . If no significant fluctuations in the groundwater table occur, well monitoring will be done on a quarterly basis . Results of the monitoring will be provided to Weld County on an annual basis in an annual report. Since the mining operation will be done with a wet mining process, we anticipate no impacts to groundwater. c a f7; 91€ 062 3AD MAINTENANCE AGREEME THIS AGREEMENT by and between the COUNTY OF WELD, STATE OF COLORADO, hereinafter called "County" and Asphalt Paving Company, hereinafter called "Operator" , is made and entered into this day of , 1991 . WHEREAS, Operator has been issued a Use By Special Review Permit for an open-cut gravel mine located on a tract of land located in the northeast quarter of Section 25, Township 1 North, of Range 67 West of the 6th P . M. and in the northwest quarter of Section 30 , Township 1 North, Range 66 West of the 6th P . M. , Weld County, Colorado, known as the Perry Pit; and WHEREAS , the truck access for the pit is located on Weld County Road 6 approximately 3000 feet west of U. S. Highway 85; and WHEREAS , there will be an increase in truck traffic that could do substantial damage to Road 6 between the truck access and U. S . Highway 85 ; and WHEREAS , another Use By Special Review Permit for a sand and gravel mine has been approved with an access onto Weld County Road 6 approximately 1000 feet west of U . S . Highway 85 . This operation could also cause substantial damage to Weld County Road 6 between its access and U. S . Highway 85; and WHEREAS , the damage caused by increased hauling from the Use By Special Review area can be identified because the damage will occur between the truck access and U. S . Highway 85 , and not on other sections of Road 6 in the immediate area. NOW, THEREFORE , the Operator agrees as follows : 1 . The Operator agrees to repair damage on Road 6 between the truck entrance and a point 1000 feet west of U . S . Highway 85 that is beyond normal wear and tear by asphalt patching potholes , leveling ruts with asphalt, removing asphalt from damaged areas and replacing base and asphalt, or other standard asphalt road repair techniques . 2 . ) The Operator agrees to cost-share the repair of damage of Weld County Road 6 between the access point located 1000 feet west of U. S . Highway 85 and U. S . Highway 85 that is beyond normal wear and tear on a 5O%-50% basis with the other operator. If deemed y appropriate by the County Engineer, other methods of cost- sharing, such as truck trips or periods of operation, may be used. IN WITNESS WHEREOF , the parties hereto have duly executed the Agreement the day and year first above written . ASPHALT P ING COMPANY BOARD OF WELD COUNTY COMMISSIONERS By: -I r Sprag a May "er Chairman f 7 ' Title : ( (CC' c.14/ f i ,k ATTEST: WELD COUNTY CLERK AND RECORDER By: 10062 90-140WC 1 GENERAL. INSTR CTIGNS FOR FUGITIVE PARTICULATE AIR FtOLLVTANT EMISSION ACTICE / CONTROL FLAN An Air Pollution Emission Notice and Fugitive Particulate Control Plan must be submitted with an application for an Emission Permit. Completion of this form will meet these requirements. Complete only those sections of this form which are applicable to your operation. All data given, such as production rates, topsoil removal, etc. should be for that period of 12 months that is expected to have the greatest amount of activity, usually the first year. Emissions will be calculated in terms of pounds per day and tons per year of particulates generated. Also, please submit the following, if available: 1. A map showing site location, haul reads, and nearby residences or commercial structures. 2. Production schedule. E, `(:EIVEG 3. Schematic of the operation. 4. Engineering or manufacturing data on control equipment. PERMITS REQUIRED Fugitive Particulate Emission Hermits are issued for site-specific activities, such as mining, storage of materials, haul road activities, etc. Any processing equipment, such as a crusher, screen deck, or asphalt plant is considered to be portable and requires a separate permit application, Air Pollution Emission Notice, and filing fee. This aids the applicant by requiring only a revised Air Pollution Emission Notice for relocation, whenever the equipment is moved to a new site. 1 EE h1 14° A filing fee of $40.00 shall accompany each Air Pollution Emission Notice / Control Plan filed with a Permit application. Permit processing will be charged for the amount of time the Division spends evaluating the permit application. These fees, plus any required public notice fees, must be paid before an Initial Approval Permit will be issued. Once the project has commenced operation, an inspection will be conducted by the Division. If all permit conditions are met, a Final Approval Permit will be recommended. Final Approval Ftrmit processing fees must be paid before the Final Approval Fermit is issued. L- 91.0062 `o L I; . ~�OF cOlp�qs$ PERMIT NO: '• �'; AIR FOLLUI7ON EMISSION NOTICE (APEN) `/eve` AND CONTROL PLAN FOR FUGITIVE PARTICULATE EMISSIONS Name of Firm Asphalt Paving Co. Mail Address 14802 West 44th Avenue Zip Code 80403 Contact Person Sprague Mayger Phone Number (303) 279-6611 Project Location WCR 6 county Weld UIM coordinates (if known) _ _ _ _ , _ _ _ _ . _ • Description of Activity Sand and Gravel Production/Asphalt Plant No. of ESnployees 6 Property Area 118 Acres • Seasonal Throughput (% of Annual): Dec-Feb JL_% .Mar-MaY _yp_% Jun Aug _50__% Sep-Nov 0 % Est. Starting Date May 1001 Est. Date of Completion nercmhar 2001 Work Schedule: to hours/day, 5 days/week, g weeks/year Est. Annual Production 1n0n,00R tons/yr(circle one) Rock Coal, Other / 1 Signature of Person Authorized to Supply Data /f,7;34(Cc t'��)! I1 (� r/0 Typed or Printed Name and Title Sprague May51, V.P./Development /J Date 1 ? ) 7O 19D Company Aame Asphalt Paving Co. Telephone No. (303 ) 279-6611 Mailing Address 14802 West 44th Avenue, Golden, CO 80403 A site diagram should also be submitted showing the general configuration of operation, and location of site. • (FOR OFFICE USE ONLY) Nor APCD Use) Dace of Record Din I 11in eoowWorvr SrC Coda [puns', ID ARID Plan[ ID wtX. SIDL Iloriaausal _VarLL.al — I. P2PSOIL A. REMOVAL: Cubic Yards Removed Per Year 1500 Cubic Yards Days Per Year Required for Removal 2 Days Proposed Controls for Topsoil Removal: (check appropriate boxes) mac/ Moist Material L/ Water Spray L/ Other (specify) L/ No Control • B. MPSOIL MOTILE: Maximum Stored at One Time 1500 Cubic Yards Maximum Stored Per Year 1500 Cubic Yards Length of Time. Pile Remains Undisturbed 1 year Proposed Controls for topsoil stockpile: (check appropriate boxes) L/ Watering Times/Thy, or Continuous Sprinkler (to maintain moist surface) L/ Chemical Stabilizer (Type: ) G,/ Compacting of Piles, Method Scraper L/ Enclosures: Complete, or Partial (check one) it/ Revegetation, (Length of Time Till Revegetation 1 year ) L% Other (specify) L/ No Control page 2 aleoS ; II. OVERBURDEN A. REMOVAL: Cubic Yards Removed Per Year 17.000 Cubic Yards Days Per Year Required for Removal _5__ Days Equipment Used for Removal Scraper Proposed Controls for Overburden Removal: (check appropriate boxes) Li(/ Moist Material 15% L/ Water Spray L/ Other (specify) " L/ No Control B. OVERBURDEN S7'OCKPILE: Maximum Stored at One Time 17.000 Cubic Yards Length of Time Pile Remains Undisturbed 1 year Proposed Controls for Overburden Stockpile: (check appropriate boxes) L/ Watering Times/Day, or Continuous Sprinkler (to maintain moist surface) L/ Chemical Stabilizer (Type ) 2L/ Compacting of Piles, Method Scraper L/ Enclosures: Complete, or Partial (check one) Lr Revegetation, (Length of Time Till Revegetation ) L/ Other (specify) L/ No Control Page 3 9.1.0%2 III. DRILLING (OT7�Z1 (MATERIaL:1 OVERBURDEN ROCK SAL' No. of Holes Drilled Per Year No. of Days of Drilling Per Yr. Hours of Drilling Per Day Proposed Controls Controls Include: Water Injection, Chemical Dust Suppressants, Bag Collectors Other (specify), No Control IV. BLASTING fOT IER (MATERIAL:) OVERBURDEN ROCK COAL Tons Removed By Blasting Per Year .. No. of Blasts Per Year No. of Blasting Days Per Year Proposed Controls Is Seqential Blasting Used ? L/ Yes, L/ No (check one) V. RAW MATERIAL A. REMOVAL: (OTHER) (MATERIAL): ROCK COAL Tons Removed Per Year 100,000 Max. Tons Removed Per Day 4,500 Backhole/ Equipment Used for Removal Draqline Equipment Capacity (in Cubic Yards) Est. Hours Per Year Required for Removal' 180 Hrs. Is Material Dry, Moist, or Wet? Wet Specify moisture content if known(%) 18%/Saturated page 4 S1.00,32 ( B. LOADING IN TO RAW MAIERIAL STCaGTfPILE: Method of loading in (Truck Bottom Dump, Front-find Loader, etc.) Dozer (D8K) Loading Schedule: 300; tons/hr., 10 hrs./day, —b0 daYs/year. Proposed Controls for Loading to Stockpile : Moist Material Controls Include: Water Spray, Chemical Suppressants, full enclosure, partial enclosure, Other (specify), No Control C. R4W..MATERIAL STtDCEPILE: al iER (MATERL4L): ROCK COAL Maximum Tons Stored At Any One Time 30.000 Length of Time Pile Remains Undisturbed Mc�th Proposed Control: (check appropriate boxes) L/ Watering times/day, or Continuous Sprinkler (to maintain moist surface) L/ Chemical Stabilizer (Type ) L/ Enclosures: Complete, or Partial (check one) [x/ Other (specify) Moist matorial p Inez. a/ No Control D. LOADING OUf FRAY RAW MATTTZL4L STOCKPILE: Method of Loading out (Front End Loader, Conveyor, etc.) Dozer to trap conveyor Lnodinq Schedule: 200 tons/hr., 10 hrs./day, 60 days/year. Proposed Controls Moist Material @ 10% Controls Include: Water Spray, Chemical Suppressants, Other (specify), No control page 5 r VI. PROCESSING Will processing (i.e., cruahin3, at_ e. ?ni, etc.) occur on site? 4/ Yes L/ No (check one) Note: All pnooesa equipment eequires a separate }..:snit application and APEN. Material loaded into p ocessia4 equipment by: Conveyor X Front end Loader Other oavmas FOR PROCESSING Include: tbist or Wet Materials (Specify moisture % if known), Water Spray Barg, Bag Filters, Other (Specify), No Control (List Processing Controls in the appropriate spaces below) A. 'L`:ARY CRUSHING: (Cone Crusher) Maximum Tons Crushed Per Year 100,000 Taus Maximum Tons Crushed Pei HcLr 200 Tony Hours of Crushing Per Day 10 Hours Proposed Controls (see shave) Spray Bars B. :i M9%IhG/CLASSIFYING: Maximum Tons Screened Per rear 100,000 Tons Maximon Tony Screened Per Moue 200 Tony Hours of Screening Per Day 10 Hours Proposed Controls (see above) Moist Material (15%) • C. £&i.1 iURY C7WaVG:(Cone Crusher) Maximum Tans Crushed Per Year 100,000 Tons Maximum Tons Crushed Per Hour 200 Tons Hours of Crushing Per Day 10 Hours Proposed Controls (see above) Spray Bars Fed Back page 6 al.0062 D. RESCREENING/CLASSIFYING: Maximum Tons Screened Per Year 50,000 Tons Maximum Tons Screened Per Hour 100 Tons Hours of Rescreening Per MAY 10 Hours proposed Controls (see top of page 6) Wet Deck Screen Saturated Material VII. OONVEYORS/7RANSFER PaIN75' A. Ct7NVEYORS: Tons of Material Conveyed Per Year 100,000 Tons Tons of Material Conveyed Per Day 2,000 Tons proposed Controls Spray Bars Controls for Conveyors Include: all Enclosure, Partial Ehclosure, Other (specify), No Control (Indicate on a separate diagram how conveyor system is set up) B. TRANSFER POINTS: Number of Transfer Fbints 6 proposed Controls Spray Bars s. Controls for 7Yansfer Points Include: hill Ehclosure, Partial Ehclam.de, Water Sprays, Chemical Suppresants, Other (specify), No Controls • page 7 91.02 VIII. FINISHED PRODU A. LOADING IN TO FINISHED PRODUCT SPDC PILE: Method of Loading In (Front-End Loader, Conveyor, etc. ) Conveyor If Conveyor is Used, What is Maximum Drop height? 20 Ft. Ding Schedule: / 70 tons/hr., in hrs./day, 6n days/Year. Proposed Controls Spray Bars Controls for Loading to Stockpile Include: Water Sprays, Total Enclosure, Partial Enclosure, Chemical Suppressants, Reduced Drop height, Telescoping Chute, Other (specify) No Control B. FINISHED PRODUCT STOCKPILE: Maximum Tons Stored at One Time 50.000 Tons Length of Time Pile Remains Undisturbed 60 Days Proposed Controls: (check appropriate boxes) L/ Watering Tihes/Day, or Continuous Sprinkler (to maintain moist surface) L/ Chemical Stabilizer (Applied According to Manufacturer's Specifications) L/ Compacting of Piles, Method L/ Enclosures: Complete, or Partial (check one) L/ Revegetation, (Length of Time Till Revegetation ) L/ Other (specify) U(/s No Control C. LOADING OUT FRLI`d STOCKPILE FOR FINAL TRANSPORT: Method of Loading Out (Front-End Loader, Conveyor, etc.) Front end loader CAT 966 If Conveyor is Used, What is Maximum Drop Height? Ft. Loading Schedule: • 240 tons/hr., 10 hrs./day, 90 days/Year. Proposed Controls Moist Material Controls for Final Loadout Include: Water Sprays, Total Enclosure, Partial Enclosure, Moist Material, Other (specify), No Control Page 8 +91.0O6;..'i VEHICLE HAUL ROADS CONTROL MEASURES FOR VEHICLE HAUL ROMS: (do not write in this section) 1. Watering (specify) times/day to maintain moist surface 2. Chemical Stabilization (according to manufacturer's specifications) Specify: a. Frequency of application and b. Tfpe of Stabilizer (Brand Name, or Composition) 3. Fhving to be completed by (date). 4. Gravel 5. No Control (List Haul Road Controls in the appropriate spaces below) A. TRANSFCRT OF RAW MATERIAL FROM REMOVAL SITE DO ST0CKFILE: Distance (one way) 400 Ft. If Stockpile is Off Site, Give Distance From Removal Site to Mine Entrance Haul Vehicle Capacity 24 tons No. of Wheels 18 Average Vehicle Speed 5 M.P.H. (cannot exceed 30 m.p.h) No. of Trips Per Day 50 Haul Road Silt Content (if /mown) X List Controls For Raw Materials Tfansport: (See Control Measures Above) Proposed Controls: Watering 3 or 4 times/day page 9 Stenati,?; B. FINISHED PRODU T TRANS/7MT (ON SITE): 1. Haul 7Ymcks: Empty No. of No. of No. Trips Avg. Speed Carinrity Weight Trucks Wheels Ftr Day ON SITE 1, 16 yds, 30,000 10 18 4 5 mph 2. 10 yds, 22,000 5 10 2 5 mph 3. yds. mph 4. yds. moh 2. Haul Road Information .For Final 7Yansoort On-Site Haul Roads Distance (one ray) Haul Road Silt Content (if knorm) X List Controls For Finished Product 7Ysnsport: (See Control Measures Page 9) Proposed Controls: C. Other Roads Orr-Site: • What is Road Length of (Distance) Controls Used for? Road? From To (See Phge 9) MroperLy Gravel Road Service 1. 350' Boundary Office access & Watering 2. D. OFF SITE UMP.4V19 R ADS: Distance (one ray) Average Vehicle Speed M.P.H. • No. of Trips Ftr Day Haul Road Silt Content (if (mom) X List Controls For Off-Site Unpaved Roads: (See Control Measures Page 9) Proposed Controls: page ]0 91.0%2 XI. SITE DISTURBANCE Estimated Total Disturbed Acreage Subject to Wind Erosion 27 Acres Proposed Controls (check appropriate boxes) LJV Restrict Traffic to Established Roads Where Practicable LX/ Minimize Area of Disturbance (explain) Reclamation done on phases L]Y Revegetation With: SCS Approved seed mix Time till Revegetation 1 year zy Mulch L/ Watering Times/Day, or Continuous Sprinkler (to maintain moist surface) L/ Chemical Stabilizers L/ Other (specify) L/ No Control Comments: Plant operations will be based on market conditions Prnrpssing Foui,pment: Scre nina Crushing, is already permitted thruogh CDDH Pprmit # C-12247-FD Mail completed form and $40.00 filing fee to: • Colorado Department of Health Air Pollution Control Division 4210 East 11th Avenue Denver, Colorado 80220 (303) 331-8576 (AFC-NM/dp-1 5/20/87) page 11 .91.006 _LiL-�L �-4Li75 L qH H R ISIHLIT'�d 0UIT vir pF Cow • w .'� ca �a� g COLORADO DEPA = TMENT OF HEALTH Air Pollution Control Division 'F J$76 * Telephone: (303) 320.4180 EYx dd 11 , , A: St ' r. v #. • PERMIT NO. C-12x247(FD) INITIAL APPROVAL CI DATE ISSUED: February 13, 1981 FINAL APPROVAL ISSUED TO: ASPHALT PAVING CO, THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS: A portable sand and gravel processing operation located at 14802 W. 44th Avenue , Golden, Jefferson County, Colorado. • THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING: Jaw crusher for primary crushing; secondary cone for secondary crushing; gravel screens for sorting and pollution control equipment to include spray bars and water trucks for the control of fugitive dust. THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR QUALITY CONTROL COMMISSION AND THE COLORADO AIR QUALITY CONTROL ACT C.R.S. 1973 (25-7-101 et 2N:), TO THOSE GENERAL TERMS AND CONDITIONS SET FORTH ON THE REVERSE SIDE OF THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS: 1 - Process rate shall not exceed either of the following limitations: 100,000 tons/year or 150 tons/hour. 2. Visible opacity of emissions shall not exceed 20%. 3. The deposit of dirt and mud on improved streets and roads will be prevented. 4. Spray bars and water trucks will be used for the control of fugitive dust. 5. The permit number shall be stenciled on the equipment for easy identifi ation. By: ;CSI-- CY\ a � � . • By:c7 � 1127.2 Review Engineer Ga A1cOutchen, P.E. Engineering Unit Leader t , ,_ ( � As/ Stationary Sources Section I ��`'7�-L Alr Pollution Control Division APCP-83 (Re-Y.47174Q) :L,:_a,: r- rc a. __ MEMORAnDUM Lanell Curry Weld County Planning December 28, 1990 To ogle "1.l..e,E COLORADO From Wes Potter, Director, Environmental Protection Services a Case Number: USR-921 Name: Asphalt Paving Company subject The staff has reviewed the materials submitted by Asphalt Paving regarding the monitoring wells and the dust abatement plan. With regard to the monitoring well plan as proposed, this plan is not acceptable. The ground water monitoring wells are intended to monitor water quality and water quantity. The position of the monitoring wells as proposed will not be sufficient for either of those requirements. More wells will be required and would more appropriately be placed on the south and north sides of the property, with only one required on the west and east. With regard to the dust abatement plan, the Division does not consider the submitted materials as a valid dust abatement plan. The materials submitted are those that were required by the state emissions control permit and do not specifically address other aspects that are a concern to the Division. It would be helpful if the applicant could contact this department for a conference, so that we can provide some guidance in developing the two plans as needed. WP940/dgc bl n 1991 *Id Gn.patain Caani1°V 91.C982 Wise sirs ai 2aaktiot 14802 WEST 44TH AVENUE ��(/f' GOLDEN,COLORADO 80403 �s/� _ `-' (303) 279-6611 �illF14AA//LLV�G/NG CO . t. .-iil cif , January 3 , 1990 ,,,,, n :, II . I:` U 2.1--_ _ Wes Potter Weld County Environmental Protection Services hid Ca. PuanOth ,.;.;,,,;;y.,u, 1517 16th Avenue Court Greeley, CO 80631 RE : Asphalt Paving Co. Application USR-921 Perry Pit Dear Wes : In response to our phone conversation involving your memo to Lanell Curry regarding the above , the following"is tendered. The monitoring well submittal is hereby modified as follows . We propose to install three wells ; one each on the west, north and south sides of our leased property. They will be strategically placed so as to allow representative sampling. It is anticipated that corrugated metal pipe (perforated) will be stood on end and placed vertically in the ground so as to address both the ground elevation and water level . Further, these wells will have lids on them so as to minimize external contamination (kids throwing things down into the wells ) . These wells will be monitored for both quality and quantity annually, when there is ongoing mining activity. With regard to our dust abatement procedure, we hereby submit the following . Specifically, we are addressing fugitive dust as it is generated by site activity ( trucking, cross hauling etc . ) and not crushing and material processing equipment (which is already covered by its own Colorado Department of Health permit ) . Any overburden and or topsoil berms established and left in place for longer than thirty to sixty days will be seeded. This procedure will minimize exposure to fugitive dust caused by wind erosion . The single most common source of on site dust is trucking and its correlation with a good haul road surface. As the existing surface material ( topsoil and overburden ) is subject to potential fugitive dust problems because of the very nature of the material itself, we propose to "plate" our haul road system with crushed and processed aggregate materials developed on site from our mining operation. By its very nature , our "wet mining" process 9.1_00' 2 Wes Potter January 3 , 1990 Page 2 will create a natural dust palliative which will help to mitigate fugitive dust. Dust control will be further augmented by spraying with a water truck when heavy trucking and dry roadway conditions exist. When dust rolls out from under the truck tires and creates a cloud that exceeds the truck height , exits the site and does not dissipate itself within twenty minutes , additional surface wetting will be imposed. As is our policy elsewhere, should there by any legitimate complaints regarding dust or anything else relating to this operation, they will be dealt with ti ely. Phone calls to our office are directed to the proper person and the concerns are communicated to the supervisor or supervisors in charge . We then become "sensitive" to the issue and make efforts to keep the problem from occurring again. Please accept the above in response to your concerns . Should you need anything further, please advise. Yours truly, ASPHA� PAVING CO. % 4C/A.Q41111 1 cur� §pragu4 M. Mayger J 'Vice President SMM/bj 01.0962 � ^ tee r� t . ,> 60 mEMORAnDum .� _c,alm -,rt� Roy Pell, Platte Valley Soil WING To Conservation District Date December� �6, 1990 L COLORADO From Lanell J. Curry, Current Planner_,\lh USR-921 - Asphalt Paving Par(' f:'the NE} of Section Subject: LS, TIN, R6/W and part or the NTI of Section JU, T1N, R66W of Ube 6Lh P.M. , Weld Q,uuly, Culucadu Attached are copies of a weed control plan and grazing management plan as submitted by Asphalt Paving Company. Please review the proposed plans and let me know your comments or concerns as soon as possible. Thanks. 1/3/91 To: Lanell J. Curry In the 1st paragraph it states that the topsoil stockpiles will be vegetated with quick growing grass if they are left in place for more than one growing season. It is my opinion that if it is going to be left over six months it should be seeded with a cover crop such as hybrid sorghum, winter wheat, etc. If left more than one growing season then seeded to grass, I feel the grass should be specified with rate and time of seeding. In the 3rd paragraph, I would suggest a four inch mowing height instead of a six inch mowing height. In the 4th paragraph it talks about number of cattle. I believe the grass should be managed instead of number of animals. When the grass has been grazed down to where the dominant grass is four inches high then livestock should be moved regardless of the number of cattle. The grass should be managed to keep an adequate cover on the land. Also, if the initial seeding does not provi a an adequate stand of grass the area should be reseeded. ory Odd Roy D. Bell District Conservationist Soil Conservation Service Brighton, Colorado - ""i II 1 risq Lb. PL0iu4Gf ..(f.itbiF.Nt 32 WEED CONTROL AND GRAZING PLAN The entire site now is in weeds . Therefore, the topsoil stripped will contain roots and seeds of the existing weeds . Prior to topsoil stripping, we will apply a herbicide to kill those weeds. The topsoil stockpiles will be vegetated with a quick growing grass-:-J— if they are left in place for more than one growing season. This vegetative cover will prevent excessiVe weed growth on the , stockpiles . After the topsoil is redittributed over the reclaimed areas, a seed mix recommended by the Soil Conservation Service will be installed as soon as possible . In this way the desirable plants can germinate and provide a protective cover. Undoubtedly some weed growth will occur. Prior to seed heads being formed on the weeds, the area will be .mowed to a six inch height. In our reclamation experience , we have found this type of weed control procedure effective . In the final land use plan, approximately 25 acres will be available for cattle grazing. Much of this ground is undisturbed land which is now very poor pastureland. We estimate the maximum number of cattle which can be grazed on this property is from 10 to 20 head. Cattle cannot be grazed all season long because not enough weight of palatable forage is produced. Several times a year, the property owner could bring about 10 to 20 head of cattle onto the property. Grazing will not occur until the reclaimed areas are providing substantial cover and the existing vegetation and ground has been released by the Mined Land Reclamation Division. At this point the plants should be self generating. 4 4 Ora I: �' ts. 193D r ^.rj °,..1a L.rar sr_i i`al:0 S 1444 s194$ 4 2g 14802 WEST 44TH AVENUE GOLDEN,COLORADO 80403 f (303) 279-6611 AqV/NG CO. January 9, 1991 Lanell Curry Weld County Planning 915 10th Street Greeley, CO 80631 RE: USR - 921 Dear Lanell: We hereby acknowledge the response from Roy Bell of the SCS, dated January 3, 1991 regarding your review request of our weed control and grazing plan. We have no problem with his suggestion regarding the cover crop seed for our berms and topsoil piles. Further, whatever the normal seed cover rate and planting time related thereto should be is fine with us, as well. We will mow the weeds in our disturbed and reclaimed areas as close to four inches in height as we can. We will make every effort to keep the maximum height less than six inches as previously submitted. Realistically, the subject of cattle grazing is one that will not affect Asphalt Paving Co. at all. We do not intend to address the grazing in any fashion. More to the point, we believe the property owner has a say-so here, as it is his land and he ultimately has control over this issue. Be advised that Asphalt Paving Co. will not graze anything on the subject property. We look to the SCS for appropriate direction. When it is time to actually deal with the above, we would welcome input from Mr. Bell and his people. Yours truly, ASPHALT VING CO. v��\�fy D �_ iC�. I c gar; t nu 1991 Sp a M. ayger ce President Dammam rm to SMM/bj Ifeld tit 91.0%2, STATE OF COLORADO COLORADO WATER CONSERVATION BOARD Department of Natural Resources ,\ 721 State Centennial Building ____ 1313 Sherman Street ^ ' Denver,Colorado 80203 Phone: (303) 866-3441 Roy Romer Governor December 28 , 1990 I.William McDonald Director David W.Walker Deputy Director Ms . Lanell J . Curry t -^ - Current Planner D �2);sE�'V/� r Weld County Dept . of Planning Services 915 10th Street I ,;aR! 7 3 193i Greeley, CO 80631 Ila U Matt �I� oho-- �.n, .ontoc' khn Dear Lanell : I am in receipt of your request for a review of the floodplain development permit USR-921-Asphalt Paving Co . I have performed the review and offer the following comments . For the most part, the applicant has adequately addressed all issues raised by the Weld County Zoning Ordinance . However, at 53 . 7 . 1 . 12 and 53 . 7 . 1 . 13 there is a problem. No matter what the applicant contends, the mobile trailer which will be used as an office is a manufactured home by f.loodplain regulation standards . Unless the mobile trailer is self-powered and will be on-site for less than 180 days , it should be considered a manufactured home. Therefore, it will have to meet the current minimum standards of the Weld County Zoning Ordinance, which paraphrased state, "the manufactured home must be elevated on a permanent foundation at or above the level of the 100-year flood or placed on piles 36" above grade" . The only other acceptable mitigation measure would be to site the "office" beyond the limit of. the 100-year flood . If you have any questions , please don ' t hesitate to contact me. Sincerely/, Mark D. Matulik Water. Resource Specialist .9111082 3712E* wig s, ai 2-444 14802 WEST 44TH AVENUE GOLDEN,COLORADO 80403 /s (303) 279-6611 "WINGCO. January 4, 1991 Lanell Curry Weld County Planning 915 10th Street Greeley, CO 80631 RE: USR-921 Dear Lanell: In response to the letter from Mark Matulik of the Colorado Water Conservation Board dated December 28, 1990 and as a result of our phone conversation yesterday, the following is tendered. Please be advised that there will be no mobile trailer used as an office. There will, however, be a scale house which by the floodplain definition is a "structure" . Therefore, please note that as per question four, item B of the Weld County Flood Hazard Development Permit Application, the response is now 4933. 5. We intend to keep the floor elevation a foot above the flood water surface elevation. The scale house will be elevated on an acceptable foundation, either cinder blocks or timber cribbing (standard to the industry) and tied down. Please change your copy of the question four B response to reflect the above. In talking with Mark Matulik about this, he indicated to me that this was fine. This should adequately address sections 53 .7.1. 12 and 53 .7. 1.13 of the Weld County Zoning Ordinance. Should you need anything further from me in this regard, please advise. Yours uly, s gue Ni. .. Mayger JAM 0 7 1991 -! ice President SMM/bj Weld CO. Plan Saw rick�. NOV 09 '90 13:26 CITY BRIGHTON P.2 AITY OF BRIGHTON v November 3. 1330 Lanell J. Curry, Current Planner Weld County Planning Department 916 Tenth Street - Room 342 Greeley, Colorado 80631 Dear Lanell: Please be advised that the City of Brighton is in receipt of a letter of response from Asphalt Paving Company concerning our referral to you dated August 13, 1990 about this specific proposal for a "Pit" mining operation along the Platte River. Many of our concerns have been adequately addressed in the revised proposal , however there remain some questions about the operation which were not adequately addressed in the revised application for a Mining Use by Special Review Permit submitted by Asphalt Paving Company: I. 1. There is no identification of the number of trees to be removed and the size and number of trees to be planted in the reclamation plan to replace the lost trees. 2. Due to this precarious location, there is need for detailed restrictions concerning how this plant will operate, i.e. . hours of operation, days per week, amount of material processed, amount of material stored. potential amount of equipment and trucks to be stored, and in what manner (no junkyard), etc. They can not be • given carte blanche to 'operate in any manner they please. without having serious .impacts on the community and environment. II. Reclamation Plan 1. Replacement of destroyed trees with 1" to 1 1/2" caliper trees would only be acceptable if a number of the smaller trees were planted for each mature tree destroyed. How many trees are being lost': 2. Staging of reclamation is not clear and not sufficient. What can possibly be done with the meager amount of money proposed for reclamation? This can nct begin to replace the lost amenities of such a natural environment. 9100,52 22 South 4th Avenue - Brighton, Colorado 90601 - [303] 669-4050 NOV 9 ' 90 13: 32 303• 659 4844 PRGE . 002 NOV 09 '90 13:26 CITY ^^ BRIGHTON P.3 • III. Monitoring 1 . Is the monitoring of groundwater levels, as proposed, adequate? 2. How were the determinations on groundwater impacts made and what mitigation will be done. if impacts are greater than anticipated? 3. Have the water quality statements and no need for NPJES permit statement been verified? IV. Traffic Impact Analysis 1. Twenty-five ton trucks on two lane rural roads will cause . rapid deterioration of these roadways, which were not built to industrial road standards. Simple overlay of the existing asphalt surface does not bring the road up to industrial standards. 2. The traffic impact analysis is inadequate to assess the impact of this proposal. The objective of a traffic impact analysis is to determine the cost incurred for system improvements due to the impact of new development. The total number of vehicle trips per day by trucks, together with employee traffic, other equipment. delivery of supplies, etc. needs to be quantified to determine the total vehicle trips annually on the local road system and the need for roadway improvements for impacts generated by this proposed use in this location. which are necessary to make it a safe operation. This concern has not been addressed at all . The Brighton Comprehensive land Use Plan calls for this area to be low density residential development and large open space areas. It also, states the need for greenbelt trails connecting Brighton and other Weld Count•✓ communities with the natural amenities along the Platte River. If, the County allows aesthetically pleasing areas such as this to be totally destroyed without proper reclamation, then Weld County will lack the aesthetic environment necessary to attract upscale development, expected to be generated by the new international airport. • • If these remaining questions raised from review of the revised prcpose' can be adequately addressed to the satisfaction of the Weld County Planning Staff, then the City of Brighton would have no problem with the Application being approved. Thank you for your cooperation in this matter. If, you should have any questions, concerning this response or need any additional information, please feel fres to contact this office at any time. Si _ rely, Alan J. 4 ..taro, Ass City Planner IE'!1.00 6 • 2.. NOV 9 ' 90 13: 33 303 659 4644 PRGE . 003 LAND-USE APPLICATION SUMMARY SHEET Date: August 14, 1990 CASE NUMBER: USR-921 NAME: Asphalt Paving Company ADDRESS: 14802 44th Avenue, Golden, CO 80403 REQUEST: A Site Specific Development Plan and a Special Review permit for open-pit mining and materials processing and an asphalt batch plant in the Agricultural zone district LEGAL DESCRIPTION: Part of the NEk of Section 25, T1N, R67W and part of the NW'k of Section 30, TIN, R66W of the 6th P.M. , Weld County, Colorado LOCATION: East of and adjacent to the unincorporated Town of Wattenberg; south of Weld County Road 6, approximately .25 miles west of U.S. Highway 85 SIZE OF PARCEL: 117.61 acres, more or less POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this proposal is listed in Section 24.3, 44.4, and 44.5 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received specific recommendations from the Army Corps of Engineers, Division of Wildlife, Colorado Water Conservation Board, West Adams Soil Conservation District, and Weld County Health Department. Copies of these referral responses are included with this packet. Telephone inquiries have been received from surrounding property owners in the community of Wattenberg. 911Y1 . __ r' G t. • 9 I i •i . . n I . . •• P .]. ' I. w^; 3` •• 41,0 1 - -• • • IS ! IT 25 a t, • 516 p e a• Y x) x• • ` _._v _ • • • ,.::wr,.-..• - - \ IJ. -..._.'u_ z• -,—- — • -_� is • �� i...-0:• • '. _ 7, i ° e. I•% '• •404.37, ,x • • I t• �I ; •./ • •;Eons - •/ • • • : �. •II • •L �il� N • `- • ;� .- - da n; 1 ��• . ,;1. If, ' Imo: xz •! 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FIELD CHECK FILING NUMBER: USR-921 DATE OF INSPECTION: July 23, 1990 NAME: Asphalt Paving REQUEST: A Site Specific Development Plan and a Special Review permit for open pit gravel mining and materials processing in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the NE14 of Section 25, T1N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: East of and adjacent to the unincorporated Town of Wattenburg; south of Weld County Road 6, approximately .25 miles west of Highway 85. LAND USE: N Weld County Road 6, oil and gas production, river bottom, agricultural production E Radio towers, river bottom, gravel mining, and materials processing S Agricultural production, river bottom, 1 residence, oil and gas production W Town of Wattenburg ZONING: N A (Agricultural) E A (Agricultural) and I-3 (Industrial) S A (Agricultural) W A (Agricultural) COMMENTS: The site contains oil and gas production, home, and mobile home as shown on the plat. The site is in river bottom and what appears to be wetlands. B . n 11 J. Current Pla r L 91...6062 REFERRAL LIST NAME: Asphalt Paving Company CASE NUMBER: USR-921 REFERRALS SENT: July 20, 1990 REFERRALS TO BE RECEIVED BY: August 3, 1990 COUNTY TOWNS and CITIES Attorney _Ault ✓ X Health Department �X Brighton X Engineering Eaton _Sheriff's Office _Erie Engineering Evans _Housing Authority _- Firestone Airport Authority _Fort Lupton MBuilding Inspection _Frederick _Garden City STATE Gilcrest X Mined Land Reclamation Board - Johnstown ✓ X Diviison of Wildlife Keenesburg ✓ __X_ Water Conservation Board Kersey _X Oil and Gas Conservation Commission �La Salle X Division of Water Resources �Lochbuie FIRE DISTRICTS _Longmont Ault F-1 _Mead Berthoud F-2 Milliken X Brighton F-3 New Raymer �Dacono F-19 _Nunn Eaton F-4 _Platteville Fort Lupton F-5 Severance Galeton F-6 Windsor _Hudson F-7 _Johnstown F-8 COUNTIES La Salle F-9 Adams Longmont F-10 Boulder _Milliken F-11 Larimer _Nunn F-12 _Pawnee _Platteville F-13 FEDERAL GOVERNMENT AGENCIES Platte Valley F-14 _X US Army Corps of Engineers Poudre Valley F-15 USDA-APHIS Veterinary Service Wiggins F-18 _ Western Hills F-20 SOIL CONSERVATION DISTRICTS J X Brighton OTHER _Fort Collins _ XCentral Colo. Water Conservancy Dist. Greeley —L es Les Williams ^_Longmont �St. Vrain & Left Hand Water Conservancy District 1960 Industrial Circle, Suite B COMMISSION/BOARD MEMBER___ Longmont, CO 80501 ✓ X Judy Yamaguchi X Lupton Bottom Ditch Co. 91.01)62 FIELD CHECK Filing Number: USR-921 Date of Inspection: f7/011/470 Current Planner: Lanell J. Curry Applicant's Name: Asphalt Paving Company Request: A Site Specific Development Plan and a Special Review permit for open pit mining and materials processing in the A (Agricultural) zone district. Legal Description: Part of the NE1a of Section 25, T1N, R67W of the 6th P.M. , Weld County, Colorado Location: East of and adjacent to the unincorporated Town of Wattenburg; south of Weld County Road 6, approximately .25 miles west of Highway'/r85. Land Use: N We-g-t6 11\8v, Q4S Laid CCOOtet s-Fe y 4 0 (Mang W I he `tam wwil Zoning: N A (Agricultural) E A (Agricultural) 'mot Ci�N.�1 4Vi) -‘1" S A (Agricultural) (It JUL 2 R 1990 W A (Agricultural) - Weld Co. Malople ammissiou COMMENTS: nip t 4 V ` -Put- l ¢- }fit cc t/to�I�i`C, - ;-��- 4 it c toss �, S tAk Plate Pi imAd t S dept-o ' o 4- rte- Ia k viNk la /l9.04nti ,— 91..0062 � . Si nature of Boa d Memb-r WEST ADAMS 60 South 27th Avenue SOIL CONSERVATION Brighton , CO 80601 DISTRICT Phone : 659-7004 July 30, 1990 Ms . Lanell J . Curry Weld County , Colorado Department of Planning Services 915 10th Street Greeley , CO 80631 RE: Case (Number — USR-921 Asphalt Paving Company (Perry Pit) Dear Ms . Curry : We have the following comments on this Site Specific Development Plan : 1> In exhibit E, page E-3, under Revegetation , item d , it indicates the area will be used for grazing after the area has been mined . Livestock should not be allowed on the slopes into the lakes . The lake area should be fenced above the cut slope area. In other words , the fence should be on the natural ground level . At one location a watering ramp should be built into the lake to allow access for livestock . The ramp should be 50 feet to 100 feet wide and should extend to the anticipated low water level at a slope no steeper than 4: 1 (four feet horizontal to one foot vertical ) . The ramp should be fenced at the anticipated low water level so livestock cannot get into the rest of the lake or on the lake banks . Please keep cattle off of sidesiopes to prevent erosion . 2) In exhibit E, Page E-4, item 2, the area where topsoil has been stockpiled should be seeded after the topsoil has been removed . Grasses used should be as listed on page E-5, item 10. 3) In exhibit E , Page E-4, item 4, we believe that the topsoil should be 12 inches deep . 4) In exhibit E , Page E-5, item 8, it states that nitrogen will be applied at the rate of four pounds per acre . We believe this should be forty pounds per acre . Sincerely , 16115--R5M . 4,0-11// ltW 07 0 T. , AUG 71990 Max Moier , President _ __ _ Hoard of Supervisors view Co. plum omuission 1l_0� %', Wilk WeldLane C u Curry To Weld County Planning Data August 3, 1990 COLORADO From Wes Potter, Director, Environmental Protection Services P4 Case Number: USR-922 Name: Asphalt Paving Company Suniect: Environmental Protection Services has reviewed this proposal and recommends for approval, subject to the following conditions: 1. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility area in a manner that will prevent nuisance conditions. 2. All liquid and solid wastes, shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 3. Required Emissions Permits are obtained from the Air Pollution Control Division, Colorado Department of Health. 4. No permanent disposal of wastes shall be permitted at this site. 5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 6. Fugitive dust must be controlled on this site. 7. Required NPDES Permit shall be obtained from the Water Quality Control Division of the Colorado Department of Health, and/or amended if appropriate for the increased operation. 8. Maximum permissible noise level shall not exceed the light industrial limit of 70 db(A) , as measured according to 25-12-102, Colorado Revised Statutes. 9. An individual sewage disposal system, or a vault, is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 10. 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. _ WP559/dgc IIc AUG 61990 (1 ,.qq y� L�,---_ --- C`_ onri2 woe C6 ow,iimc bwrpop:fSm, STATE OF COLORADO Roy Romer, Governor REFER TO DEPARTMENT OF NATURAL RESOURCES �oWR9�o DIVISIONOF WILDLIFE C:1 AN EQUAL OPPORTUNITY EMPLOYER Perry D.Olson, Director §" 6060 Broadway �O,V OF Denver,Colorado 80216 ,rS� Telephone: (303)297-1192 Larry Rogstad, District Wildlife Manager 1528 28th avenue court Greeley, Colorado 80631 phone 352-2143 Lanell J. Curry, Current Planner Department of Planning Services Weld County 915 10th street Greeley, Colorado 80631 Dear Lanell Re: Case Number USR-921 Tom Lynch, District Wildlife Manager Brighton Colorado, Don Bogart, Terrestrial Habitat Biologist for the Division in the N.E. region,and I have made a site in- spection of the Perry Property. Additionally, I have reviewed the text for this proposal that was supplied to your agency by the Asphalt Paving Company. In this letter you will find the Division of Wildlife comments concerning the impact to habitat and the wildlife resource if the Perry Pit is developed. The Division will also recommend several modifications to the Perry pit reclamation plan, based on our findings. The property itself lies within the floodplain of the South Platte River. A warm water slough bisects the property from north to south with characteristic wetland species of grasses, sedges and rush vegetation, shrubs and trees. There are mixed groves of cottonwood, willows, tamrisk, elm and russian olive associated with the slough, as well as along the river bottom. There is a large cattail marsh in the southwest corner of the property. Standing water was found in this marsh during both visits made to the site. The pasture land on either side of the slough can be characterized as being highly overgrazed and generally poor for livestock. The predominant plant types throughout much of the pastures consist of noxious weeds including: various species of thistle and leafy spurge. Grasses are generally of poor types for livestock grazing. There is a prarie dog colony in the pasture west of the slough. Scattered throughout the pastures, however, one finds faculative and obligate wetland plant species. Therefore these pastures should be considered subirrigated (wetland influenced) riparian pastures. In summary, most or all of this parcel could be considered to lie within the riparian zone of the South Platte. TI,e Perry Farm is an important part of the continuous "belt" of wildlife habitat that is associated with the South Platte River and its tributaries. The low eleva- tion cottonwood-willow riparian zone found along the rivers and irrigation systems of Weld County are characteristic of the most highly productive and diversified ecosystem in the western U.S. For example, over half of the 438 species of birds found in Colorado are permanent or part-time residents of lowland cottonwood-willow zones. The wildlife species list found in exhibit H of the IMRE application found in the packet should be considered a partial list. Additionally, American Bald Eagles concentrate along the South Platte corridor in winter and spring. Therefore, any development along the river may impact this species. 1 of 4 DEPARTMENT OF NATURAL RESOURCES, Hamlet J. Barry, Executive Director WILDLIFE COMMISSION, George VanDenBerg, Chairman . Robert L. Freidenberger. Vice Chairman . William R. Hegberg. Secretary Eldon W. Cooper, Member . Rebecca L. Frank, Member . Dennis Luttrell, Member . Gene B. Peterson, Member . Larry M. Wright, Member P100 3"2; It is important to consider the impact that a development will have on the integrity of the narrow riparian zone along plains rivers. Many of the wildlife species found along the river are known to travel great distances during the year. Studies done by the Division of Wildlife have shown movements of white-tail and mule deer of well over 50 miles. Wild turkey released along the river have moved over 60 miles in a year. Any development that cuts the riparian zone could have a serious negative impact on species diversity and abundance. Therefore a change in land use on an in- dividual parcel may have repercussions to the wildlife population up arid down river. The cattail marsh on the southwest part of the property is an important production, feeding and cover area for a wide variety of birds amphibians and mammals including: rails, coots, herons, waterfowl, shorebirds, raptors and songbirds, cottontail rabbit muskrat, and pheasant. Destruction of this marsh would have serious negative con- sequences for a number of different wildlife species. The Division of Wildlife disagrees with the applicant's statement in paragraph 6.3 a) of the NLRB application included in the packet, that, "No valuable or unique habitat will be disturbed." The fact that the parcel is in the riparian zone would indicate that it is in an important habitat type. Weld County has acknowledged the importance of the riparian corridor, in terms of its wildlife value, and the need to protect this zone in its comprehensive plan. The fact that the Perry Farm has been leased for hunting privileges during the last several years bears witness to its value for wild- life and recreation. The applicants reclamation plan indicates that the ultimate use of the land after mining will be as pastureland. Very little land will remain on the site after min- ing ceases. If reclamation of the site is done properly, the farm should continue to be an important wildlife area, and the ponds could provide an important warmwater or two story fishery. The location of the land within an Urban Growth Zone would indicate that a primary use for the property in 15-20 years, when gravel extraction has ended, may be for recreation, and wildlife/fishery use. The applicant may want to consider wildlife/fishery and recreational uses as a primary goal in reclamation of this site. Ultimately, there may be more value in these uses as opposed to pasture for livestock. Of course all of these uses can be accomadated at this site. The Division is very concerned about mining in the area known as phase two (the south- west corner of the property). This entire area is covered by the cattail marsh previous- ly mentioned. Mining in this area, using conventional techniques, will destroy the marsh. Replacement of the marsh with a gravel pond will not compensate for the loss of wildlife production habitat. The Division, however, realizes the need of the applicant to extract available gravel deposits. The Division would recommend mining this area with a low impact method. Rather than going into the marsh and removing all topsoil and overburden for stock- piling we would recommend: a single access/haul road into phase two site. Removal of material from the interior of the site towards the edge. A perimeter of a cattails a minimum of 50 feet in width surrounding the phase two site be left undisturbed dur- ing mining operations (with the exception of the single haul road). Stockpiling of material should not occur on the 50 foot perimeter of cattails. Slope reclamation at 2:1 at and below 10 feet below high water line, 3:1 between 5 and 10 foot water depth, and in less than 5 feet of water back to the cattails slope should be shallow (no greater than 4:1). If this is done, the resulting pond/marsh complex should be 2of4 910062 an enhancement in terms of wildlife habitat. An alternative in this location would be to leave it undisturbed as a marsh. Overall, a pond/marsh complex would result in the greatest value to wildlife. The existing marsh left as it is would be the most valuable alternative. Creation of a gravel pond would be the least valuable alter- native for wildlife habitat. Section 6.5 of the application concerns revegetation efforts that will be conducted as part of the site reclamation. The Division would suggest the addition of switch- grass as part of the seed mix in paragraph i) 10. The addition of switchgrass should comprise no less than 10% of the suggested mix. Switchgrass is a warm season grass that is palatable to livestock, and produces large amounts of forage. Addition- ally, switchgrass has a high cover value for wildlife. It has a tall growth form that remains standing through winter. This provides protective cover for loafing, night roosting, escape from predators and heavy snow, and standing residual cover for spring nesting. It also helps concentrate wildlife for improved hunting opportunity. Other grasses, like wheat grass and sideoats grama lodge under snow, and provide less cover for wildlife. Paragraph 13 includes a list of trees and shrubs to be used in reclamation. The Div- ision would suggest the deletion of Rocky Mountain Juniper, Ponderosa Pine, Scotch Pine, and possibly Eastern Red Cedar from this list. These species have a relatively low chance of survival in this setting. It would be ashame to spend time on plantings that will not survive. The Division would suggest the addition of American Plum to the list for its thicket forming capacity and food value. We would also suggest the addition of wild willow to the list since it is indigenous to the site. Native cottonwood trees should be used on this site rather than domestic (seedless) trees. It is important to main- tain a seed source along the river. The Division can suggest planting methods for these species that will be low maintenance, and increase survivability of plantings. The process of mining this parcel will result in the loss of some of the trees on the property. The Division is encouraged that the applicant plans to preserve trees wherever possible. However, since a healthy growth of trees will increase the wild- life value, livestock value, and aesthetic value of the property, the Division would hope that the applicant would replace destroyed trees on a minimum of 1:1 basis as part of the reclamation plan. Since the property is currently infested with thistle and spurge, revegetation efforts will be complicated. The Division would encourage the applicant to include a detailed weed control plan as part of the reclamation plan. Ron Broda, the county weed inspect- or, or consultants from the Soil Conservation Service or CountyExtension Service can assist with the planning. It makes little sense to reseed with grass until the weeds are under control. In section 6.2 a)3 of the application the applicant states that no dredge a:dfill re- quirements pertain to the parcel. Some of the stockpile locations on the plans may be in wetlands, especially those in phase 2. If this is true, the applicant would be obligated to seek and obtain a boll permit Prom the Corp. of Engineers. The applic- ant may want to consult with the Corp. of Engineers on this matter to avoid possible violations of the clean water act. 3ofb 9 .00.2 The Division of Wildlife has appreciated the opportunity to review and comment on this proposal. It is important that we all work together to achieve the max- mum beneficial use of Colorado's lands, public and private. To this end, I would be available to your agency, or to the applicant to answer any questions you might have. If possible, I would like to attend the Planning Commission hearing on this proposal. Please notify me of the date and time of the hearing. Sincerely yours, Larry Rogstad cc Tom Lynch Don Bogart file Ler/ler 14 of 14 AUG 1 1990 Vietd L`t,. Mai«a► uaarn�ris u� '1l_CP(r,r3D j To`�of DEPARTMENT OF THE ARMY 4 \\�T L( "' CORPS OF ENGINEERS,OMAHA DISTRICT <I 'l� c - - TRI-LAKES PROJECT OFFICE,9307 STATE HWY 1 21 LITTLETON,COLORADO 80123-6901 \�P REPLV TO ATTENTION or Regulatory Branch July 25, 1990 Ms . Lanell Curry Department of Planning Services 915 10th Street Greeley, Colorado 80631 Dear Ms. Curry: Reference is made to the application from Asphalt Paving Company, Case Number USR-921 for an open pit mining project located in Section 25, T-1-N, R-67-W, Weld County, Colorado. This letter is to inform you that the South Platte River and wetlands located on the site are waters of the United States pursuant to Section 404 of the Clean Water Act. The wetlands at this site should be delineated and map. This office should then be contacted for proper Department of the Army permits prior to any mining or construction ac- tivities at this site. Please find an enclosed list of environmental consult- ants who may be of assistance in the wetland delineation and mapping. If you have any questions concerning this matter, please feel free to contact this office or me at 303-979-4120 or 4121 . Sincerely, c-- seluto ` a., TERRY McKEE Environmental Resource Specialist cc: Permit Files Omaha Permits Branch �1199991 Mil 2 7 1990 1 d L LJL , ENVIRONMENTAL CONSULTANTS -Tb 4_ list is not compiled to endorse any specific co: tent RICHARD C. BARTH DAVID JOHNSON Soil-Plant Systems Western Resource Development 5920 McIntyre Street 711 Walnut Street Boulder, Colorado 80302 Boulder, Colorado 80302 (303) 279-2585 (303) 449-9009 GARY D. BEERS, PhD. DEBORAH KEMMERER Fox & Associates Stoecker-Eeammerer & Associates 4765 Independence Street Ecological Consultants Wheat Ridge, Colorado 80033 5858 Woodbourne Hollow Road (303) 424-5578 Boulder, Colorado 80301 (303) 530-1783 JANE BUNIN, PhD. Natural Science Associates DAVID NEHAN 3010 Regis Avenue Wright Water Engineers Boulder, Colorado 80303 2490 West 26th Avenue (303) 499-5014 Suite 100A Denver, Colorado 80211 DAVID COOPER (303) 480-1700 Department of Environmental Sciences Colorado School of Mines ERIE OLGEIRSON, PhD. Golden, Colorado 80401 305 Emerson Street (303) 499-6441 Denver, Colorado 80218 (303) 733-8121 JEMMY L. DAWSON Project Scientist iAUBANNE RINK Woodward-Clyde Consultants Aquatic & Wetland Consultants Stanford Place 3, Suite 1000 Walnut Eleven Building 4852 South Ulster Street Parkway 1911 - 11th Street Denver, Colorado 80237 Suite 301 (303) 694-2770 Boulder, Colorado 80302 Telex 501285 (Woodward DVR) (303) 442-5770 STEVEN DOUGHERTY RANDY SCHROEDER ERO Resources Corporation Greystone Development Consultants 1740 High Street 5990 Greenwood Plaza Boulevard Denver, Colorado 80218 Suite 104 (303) 320-4400 Englewood, Colorado 80111 FA% # (303) 320-4491 (303) 850-0930 SCOTT ELLIS PETER SMITH Environmental Research 6 Technology Stoneman Landers, Inc. 1716 Health Parkway 11480 Cherokee Street, #7 Fort Collins, Colorado 80524 Denver, Colorado 80030 (303) 493-8878 (303) 280-0048 LOREN HETTINGER, PhD. MICHAEL J. TOPA Dames & Moore Tupa Associates, Inc. 1125 Seventeenth Street, Ste. 1200 12487 E. Amherst Cr. Denver, Colorado 80202-2027 aurora, Colorado 80014 (303) 294-9100 (303) 755-6315 DAVID L. BUCKN,ER STEPHEN G. LONG S ESC° Associates STEVE VIERT P.O. Boa 13098 Cedar Creek Associates, Inc. 3oulder, Colorado 80308 916 Willshire Avenue (303) 447-2999 Fort Collins, Colorado 80525 (303) 493-4394 Home: 493-1893 BRUCE SNYDER Engineering-Science, Inc. PATRIC% H. MURPHY 1100 Stout Street ?lant Ecologist Suite 1100 Shasta Environmental Denver, Colorado 80204 143 Onion Boulevard (303) 825-8100 Suite 1010 Lakewood, Colorado 80228 (303) 988-2202 STATE OF COLORADO COLORADO WATER CONSERVATION BOARD Department of Natural Resources ,\ 4�: 721 State Centennial Building _ 1313 Sherman Street Denver,Colorado 80203 Phone: (303) 866-3441 Roy Romer Governor I.William McDonald Director Jul 31 1990 Y , David W.Walker Deputy Director Ms . Lanell J . Curry Weld County Dept. of Planning Services 915 10th Street Greeley, CO 80631 Dear Ms . Curry: I am in receipt of your request for a review and recommendation for an application from Asphalt Paving Company in unincorporated Weld County, Colorado . Attached you will find a copy of the Weld County Flood Insurance Rate Map (FIRM) for the area described in your letter . It appears that the proposed site is in the 100-year floodplain of the South Platte River . Therefore, the provisions of the Weld County zoning ordinance must be applied regarding the development proposal . If you have any further questions, please don' t hesitate to contact me. Since 'ly, "/L1.L 'a^'� try F. ng P.E. , hief 'lood C ntrol and F1 odplain Management Section o I ri.5)n\fir/� r , L� -t — Weld CB. kook, -,dIRIRls, wi S':1.0‘.00a •y. ##1 i �a'�, '��+��A, :fit A II::�k.. 1 s � :-. � c a`�' r �k 7a `'x a :� rru se ,�y..t e.e.�. 1. • '..7.F4-34.:*; F "+ ``" $sad �C` � a i V: < lki• - s�.. as '� s + ° ` +x t ri a +. -1j*+ "a* ,r `' t:,� ri �'B3" ;,,e,l `L'�gf,,„W.,..:9 '� y {.G r ,i ^r++ ! 2'r fi F y,,.i� 4 Irr ,- *r ri X44„'-. k III _ 4 ' R a f, y^• yin. Iy t s3See area h ,�ryd"'`gF y 'tM`1a, a\ Ma", "f. v i5,, ,-,,t„'r4.e °a4 A-,,, w' I qw myth `l. ,. ::"`....;,14,,,,,,i7' (r) .4,.y' 4 ^, ,e t y Sf aa� s' '�• 4+RJ&fr �'�i s3 -S` '+A,s.•} 4 •9,e....,444,,,,...-,,,o a s^f';r�a r355 t'+ s< t .�+ .1' J r „+ s.,:,, r � f 4T t air t;"5 5.5..`i `f yi i.. . W�2+ t ^i y'F f14-4, ,,,,10,..k,„,---: # �i',,`�x�41gt.1.3.,tY�1yyyJ.a�":_ °i#i'1',�w,.;.:,:..i:,4,ttr.6 LY } -,....,, ,,,v11.1-,.t....,,,,,,.,7.�t r jt , _4-7'1 aid } v?' i' _ a � L y g � 6 k r tN • Y w-.7y a „...`,-..',.-,:,:,„-,, ,,7„i4::.,;„.„,;;,,,,,,;,,, :„. : d 4n�y4�"+',q . k. t id `Y,, - '5. y+�S,Sy-i e��7 Mt•wQr' F•. r SV17,'.41..,, .j" I Y d `g' �.,j.t 4 3 * - -:-..:4--,';,-,77--- -:.- ,- --- (o ,.. „ , '?kka.�?" „t ..', Yy; yr: - -wEcy Co.2� fins �4'.1 ..,„:,•,:N*zT'. rf ,X'� �Na •yak o 3 ! `•` f,,-.)",,,,41/404%,+.( ax. S D•3' i- ''''''!':1 T Scm"•1`: �: F1 1 i 1 } • 1 Y . t 3 r„,T' Y a C `{ ��(M1 1' �,,,,, fN t '' p a ,,,;!...,,,,,r,-". ..K x ••'Y' '.4 i '..+ r s t 'y"� � � +,al�s * e�+ e� �� A cP *, a Y , v r w �1 r y �•�i 2 � f-,',-'7'1',!, ,e r v n b,:w.; �..�f'�� .,„,44,,. .* fey } .,:,.,14,,,,,J.:-,.,..,..;, firms ,r, r i j fah t ( _Y ! `k+r; fey "yL �,7, �i{3�',r•�z L - '', k rs Crt�,,',1'4',..7:4-',§` � ---.T:..!.;Ti.':ar41;,'-„(:40. „..;.1-','''� xt • `i"s .i'� a a�\ } vya 4 •:..,...',',.'"• 1 �Y Cve1' J5i"rY� .`d4 } - a\ '1 a i '' �za �,, , )•4�;'+x. c 'Nt *' y R , i 11 4, c� x r .s at.1 a t ti w iII 5f t .. y 1 :".:':'' ''''',•4"!''':4;4:4'&4:'''''''.''' u-.. 17f',,,''.*."',:::',.:,.;"::;,,',;•'7:; :i11 K 'Sq i i� k'.•;,„.,-..,.. ...."•,".....'.....,{ -,;45...,six y ' y r h . ;.•,,,.„,s .4e;' >r :stt Sri �rS -Y n kxw , Sli,i �1 fi.,p .\Z.. v yk r & ,. '' a , 7c.� e ` rub. ` 1w '' y'�c +krr}� � �' Yrt9 # f;,we +,r �4,2f.,,,::.,',' ` f +a' �"f r•4';'. k 'i f 4 tS Ts+, ��+m 3-a.,°'il `1,. `.' �? 85 A' °yf tl' fi v °r ` +` fi ® NATIONAL FLOOD INSURANCE PROGRAM l I FIRM FLOOD INSURANCE RATE MAP WELD COUNTY, COLORADO UNINCORPORATED AREA PANEL 983 OF 1075 (SEE MAP INDEX FOR PANELS NOT PRINTED) COMMUNITY-PANEL NUMBER 080266 0983 C MAP REVISED: SEPTEMBER 28, 1982 ifederal emergency management agency • 2 91-0982 E9 =ST 066 3/80 * * , * 009 70 tHUG 02 '90 1`: 15 CITr' OF BRIGHTON F.1 CITY OF BRIGHTON �o F'Aw TR.ANSMS'Z'T Al. 7 sGI 1 FROM: AL A)* x taro TITLE: —Rice".,,..1-t.471► V cm ~� Q, "A COMPANY: City of Brightopny�� tt 7 DATE: B-47-10 TIME: 3 :iz f 7 / / 4 � ! G'COMPANY: Q e� t Gt_ _ P"P � frL� COMMENTS: /IF pi-.3.4 1A4-4445-7‘ NUMBER OF PAGES (INCLUDING COVER) ORIGINALS WILL WILL NOT —*"..-7BE SENT TO YOU BY MAIL. 22 South 4th Avenue, Brighton, Colorado 80501, tel: 554-1637 FAX 4 659-4844 910062 i-J_I oa -. 7i 15:16 CITY OF BRIGHTON F'.� .__,._ I to C"....444\Hfr: DEPARTMENT OF PLANNING SERVICES PHONE(303)358.4000,EXT.4400 915 10th STREET GREELEY,COLORADO 80831 ill CDLaRAD(J+ CASE NUMBERQSR-921 . Jul ,[3 ...LTC lC .� ulC� y , 1990 AUG 6 1990 �� TO WHOM IT MAY CONCERN: _.Weld Co. Viatruwy vumRossito, Enclosed is an application from Asphalt Paving Company for a Site Specific Development Plan and a Special Review permit for open pit mining and materials processing in the A (Agricultural) zone district. The parcel of land is described as Part of the NE1 of Section 25, T1N, R67w of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is east of and adjacent to the unincorporated Town of Wattenberg; south of Weld County Road 6, approximately .25 miles west or Highway 85. 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 August 3, 1990, so that we may give full consideration to your recommendation. Please call Lanell J. Curry, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed ,above. 1. We have reviewed this request and find that it _ does/does not) comply with our Comprehensive Plan for _the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3._ We have reviewed the request: and find no conflicts with our interests. ' 4. A formal recommendation is der consideration and will be 1111//// submitted to you prior to: . _9 � � I 5. lease refer to the enclosed letter. ,_. Signed: gency: i ; e 2707 J-1- Date: 910062' STATE OF COLORADO ) }s.tom: . COUNTY OF WELD ) David :l Reynolds, being duly 'W-wi:'tr..n ,, says t.hat:. he is publisher of The New News, a weekly newspaper ap er.. published in Keenesburg in said County that said newspaper,..•• •a r• cv s:+f'if::� f'`t:ctt'..Sc"q ...Veit'. sct7. t'Yir."fi::..:- .:,":1�:;`i.. {'lc3 cY general circulation in said County and has been itontinously and S..'t r Y i n f'.e i'i..t p t ES C':l y published therein , t.,i,r...R ng period of at. least fifty-two consecutive weeks prior to NOTICE OFpUBI,ICliEARlld G the f irtAL pt.tb1it:at'.ir•:I'; r3 t:he annexed The Wcommisseld wsl�bo a notice that said i d newspaper G a cwt Augur 21• - 1990, Ta1W p m e t S[te (ZF:•.tl'sp �i r" within the meaning rYf1'�l?Cj t:it tf"i£ of Devil-- and ap�p� act of the :.�f:'r!eral Assembly fo'f"' the da�b¢d r theov �tbe eated r;�.i..a t Ei of t.:t.::_1.i::i t..._..t d n y en ti tr.].e.?d „A n Ac t.. Tep9��u�e�'Cy�yMA p nt to to >'C_•i.j:_tlate the printing of .'.E'(;a1. Cat...Colorado La APPLICANT: �8Y1�. nCJl:..it:::;:".:5 and c t"�:'dt:rt.iG.t'ftst•:nts, u and [Erb Part o{ the notice t'i c e the MMA d on 25 T1N amendments a_h£?t"[�1.(J;, t.�",it. s{_ C ISBN NVbl/4 R87W 30,S gSB ai the 8th of which t:hEi'. annexed 1.='s c�. printed P.M.A WeenCountitr Nrado it 1 QTY OF copy taken=�4'.E2 i`Y 'f:"f.:YlYY said i{•:� newspaper p•.i 1.: a,.a _�?r u lei c:�. TYPE AND ,�peil pit F �' PROPOSED USE: i.lttbli ��.1",od in said fYF='.•.isp=:r3!=er`, and ;.n � � �, pond d weld t' t't ? regular rt rr Cl entire issue C'f �y Road 5, appt'o�telY ,2„5e,,,er y number thereof , miles west ofway �• adjacent to the Town of Watteaber8•m or lees SIZE: 117.81 acres,vE be held in o ..c e 5i t,:!;s e k •,r o r• 1 tmlidlt!Helr41 :117it s,Weld: sc.:..1.ve w ekti•sK that rsaid n{:_'ticC-.:' 915tf,:r�+::s so p::+i.A�:?.13.'..-',hed In '_"sr3id flf�'wsp3cip r':r•i:J�:or' <:+nd not: . n any !:.t_lp'+j;:+iemens to � s:shanitted in of Planning ttie o.g , ar:t1 t.lYwat the fir- t. _ county �,�co>StiVet, Roam p.;j::;'•l i a t i o � o f r�e:+. C l o t.••e 3�2 Greeley, before the above date or preaenteb 3'"t.j r"E:3=::. t.i.C: was on`: t.I Y£' at the public hearing on August Cope of the application onare At.,..re,�,� available for public fpapecli clay rz v f�...._.._...a �.cr" t.�__'+ the es oWeld County rVS ��n'Centennial 915 Tenth Street, Wig tetet�oon ow and ti.-.e last':. on the .2..._ day of Ernie Ross�lruoan Weld Co Plannln6 Commission To he pu O9ised one {1) time by .. ._.�............_.._y .-.1-. ...t,....... A�et Z,1990. ..... Published in The New News -� % August 2,1990. I ( �.� �..�. , Subscribed and sworn —:.:-a before me this —2./e d-i:y o /i , Ds 111 Y, / -�L, ] AUG 1 .3 1990 x42 4.._..a3(.°...4 _...... _ LI_.; .,r—) . +'„-Co►TTmiSSiOnexpfres. .arch 15,15:;, 610 Ch. ''t`""to .,tm(iS:lif ...,.1.Garti STATE OF COLORADO .) )F. . _.:. COUNTW OF WELD ) Dav3d B. Reynolds, t,e.:1.E"i c:; duly sworh4 NO'f[CE OF PUBLIC��yyHEARING says thathei_5 publisherofThe Com Wail willCounte a n�. 1 }TC) 1\1e,-4 News , a Pt!Erf3kly newspaper on Tuesday, August 21, 1890 aE 130 P.m. Eor the published 4r 1 1s:.1::'ei�ie:-:.F�!_ r g in said County Of rum a Site lfic Developmpe�nt Plan and a ia1 a!i d State; r ` newspaper R described rmlt toy the prppertY that .� t 1.C: is31 _ below. Approval of the may . Ira vested general circulation �.rr =_ .ic County right p��y. t pursuant to cir'(:t t"t;3! }.)r'r;�'i'i i:_C::i"'tt..if"tCit.1 ±1. y' c:ti'iLj Law APPLICANT• Asphalt Paving '•.'11 l.F 1 t a:,r r;..t pt'_f::,,_" 1 j p1..1%a1 3 t:ii'"i2d ?:.y?c'1''t:1.ri a 'it SCRIPfION: Part of the NE1/4 of Section 25, TIN L.,i 1.•, i>11;4 il IJ_'1 :::.C id e.: t:a 1. . .f c":: t. R67W of the 6th P.M., Weld f i .f.i-.i. ... ..wc consecutive !r4[:.eks prior t iiirdo INTENSITY OF '.l iE l :i r �. 1::l:..t i'.a'. :.=..cc"3ti.C:r1 is f i.ne c:Y('ne ed PEtQP��D�,_.a�nPlwel that said newspaper;j LOCH ON: South eld County !�o t 7.;:.(:''; t.. .1 a,..1id r1(=°WJs se-"'r" .1' a Road 5 a n>dtnatdy .R5 miles i"t (':s cty..i�.:'!: wi ;�:h j n the :'fiE'.c�n i ng o the west of ay �`; a02aceat to the unincorporated own of .:. of t:,h1 e :s e?n e r"_1 1. Assembly of the a Wattenberq SI7.F: 117.61 acres,more or less t. 1 r_ ;1 rT; i.: �, The public bearing will be held in t a s..C•. 1:_t' Col r"a._ , entitled t<1 e a An i i CZ'f_ the eld County Commissioners Hearin Room, First Floor, Weld :.c regulate "t.h e printing of legal l County g Centennial center, 915 t•a;_ advertisements, " Tenth Street, Greeley, Colorado. i;o i and G :i d V eW`;"t.i_,t'�m r:f 1 t s y and d its or objections related to tEil ?1iCtf11(e�Eil thereto;t:"a ; t}-in't t};r' notice the above request should be the submitted 1n writing to the Weld County De rGnenTT t Planning of"t which t.,r ,.if:"s E? @{t :l '.S Ci printed sew, p5 Tenth Street, Room _ c 342 Greeley, Colorado 80631 copy taken from c aid 1::1 newspaper,w w j:?a t.:e!"', was.."� before the above date or presented published in said newspaper, and in at the public hearing on August and 21,1990. t.}1 t'. regular i 1!':(J entire issue of Copies of the application are available for public entems[inspection the tin Planning v`_ r"_ y number thereof , Services,_R0000m 342, Weld County Centennial Center 915 Tenth Street, Greeley 3564000,, .Colorado (1t": f:_' r'; weekforErnie Rasa Chairman Com[nisaion ,:iu c c e?'_.s' j�y e wee?k s a t h a`:. .aid n i_t i c e Weld COy sham The New Newe WAS so published in said newspaper To be published one (1) time by July 26,1890 proper and nut il-1 any ��t_Ih:�.i1.s~'zi'!ent': 26 1i90. In The New News July first ;:.I thereof, and(�} that c'.'t. the t_: 1"st.iL13 :' cat.:i. :'r1 of cy£t:i.d notice as aforesad, D.`, L:1:::1'y� ` (.:f , tt r.. ` b , ;:.,.id t 11e J._•1t3 t: on Cate ...4.._ day of iq -6--) .. )• , :. .: ..... ., L E. .............._ Subscribed and swor" tL, before lit Cie t�}-,.is aG dR'' --,f c et LI-0)( laj FYI r.\0/5 iy_po Aa,....-.,...t.......X'`_Le�3 -._ ......._._..... 4 A U G 7 01990 I. r 'r-. ;`:'!�:Tc� 15,199:1 fiel6 Li• r1;ul..,ns, ..!alldi00, any COS'MISSI0.i?,.�3, 91.0 1,52 BOARD OF COUNTY COMMISSIONERS SIGN POSTING CERTIFICATE I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST TEN (10) DAYS PRECEDING THE BOARD OF COUNTY COMMISSIONER'S HEARING FOR CASE # U S R -921 . THE SIGN WAS POSTED BY: AM OF PERSON D 1ING SIGN . ni SI ATU E OF A P ANT STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS Z44 C,J DAY OF t ,C. 1991 SEAL /de/e a of -w NOTARY PUBLIC MY COMMISSION EXPIRES 3 '/G 93 LAST DAY TO POST SIGN IS: ��Z2 191L 910O6`y CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of weld County in Case Number USR-921 for Asphalt Paving Company in the United States Mail, postage prepaid First Class Mail by postal card as addressed on the attached list. This 20th day of July, 1990. 'bat-1,=4,. TO: SURROUNDING PROPERTY OWNERS OR OWNERS AND LESSEES OF MINERALS IN ACCORDANCE WITH WELD COUNTY'S NOTIFICATION REQUIREMENTS. The Weld County Planning Commission will hold a public hearing on Tuesday, August 21, 1990, at 1:30 p.m. in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado, concerning the request of: CASE NUMBER: USR-921 APPLICANT: Asphalt Paving Company REQUEST: A Site Specific Development Plan and a Special Review permit for open pit mining and materials processing in the A (Agricultural) zone district. LEGAL: Part of the NEa of Section 25, T1N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: East of and adjacent to the unincorporated Town of Wattenberg; south of Weld County Road 6, approximately .25 miles west of Highway 85. For more information call Lanell J. Curry, Current Planner. WELD COUNTY DEPARTMENT OF PLANNING SERVICES 915 10th Street - Room 342 Greeley, CO 80631 Phone 356-4000, Ext. 4400 911.0062 SURROUNDING PROPERTY OWNERS ASPHALT PAVING COMPANY USR-921 Martin and Evelyn S. Schmidt Donna C. Poulton 2291 Skeel Street Brighton, CO 80601 Victor and Susan Sailas Earl D. and Delisa D. Lathrop 1563 Carolina Avenue Fort Lupton, CO 80621 Wattenburg Import Car Assn. , Inc. c/o Frank Galicia, Treasurer 1924 Carolina Avenue Fort Lupton, CO 80621 Luisa V. Archuleta 1623 Carolina Avenue Fort Lupton, c0 80621 Antonia C. Giron Robert L. Giron 5 North Main Street Brighton, CO 80601 Joel Tafoya 1836 Mary Street Fort Lupton, CO 80621 Leopold, Jeanett, and Janet Herrera 1673 Carolina Avenue Fort Lupton, CO 80621 Elmira, Casias, and Genevieve Herrera 1673 Carolina Avenue Fort Lupton, CO 80621 James and Janet Sanas 1676 Carolina Avenue Fort Lupton, CO 80621 Richard and Julia Galicia 1886 Mary Street Fort Lupton, CO 80621 Joseph D. and Elmira E. Herrera 11404 Julius Street Fort Lupton, CO 80621 910062 SURROUNDING PROPERTY OWNERS ASPHALT PAVING COMPANY USR-921 Page 2 Ernest R. and Vicki Sailas 1720 Caroline Avenue Fort Lupton, CO 80621 Juanita I. Uribe 1714 Caroline Avenue Fort Lupton, CO 80621 Ida L. Campuzano 1708 Caroline avenue Fort Lupton, CO 80621 Raymond and Emerlinda Sailas 1695 Mary Avenue Fort Lupton, CO 80621 Jennie Sailas 1513 Carolina Avenue Fort Lupton, CO 80621 Manuel and Guillerma Sandoval 1705 Mary Avenue Fort Lupton, CO 80621 Albert and Julia Mecillas 1725 Mary Avenue Fort Lupton, CO 80621 Tommy and Rachael De Herrera 1738 Mary Avenue Fort Lupton, CO 80621 Elsie and Paul De Herrera 12182 Huron Street, #203 Westminster, CO 80234 Socorro and Leopold G. Herrera 1716 Mary Avenue Fort Lupton, CO 80621 Antonio F. and Gloria Torres 1706 Mary Avenue Fort Lupon, CO 80621 John M. Navarro 4315 Steel Denver, CO 80202 010062 SURROUNDING PROPERTY OWNERS ASPHALT PAVING COMPANY USR-921 Page 3 Genevieve Adame 1774 Caroline Avenue Fort Lupton, CO 80621 Florence (Martinez) Fontes 1770 Caroline Avenue Fort Lupton, CO 80621 Julian and Debra Martinez 11595 Julius Street Fort Lupton, CO 80621 Juan and Carmen Mecillas 1775 Mary Avenue Fort Lupton, CO 80621 Guadalupe Jr. , and Obdulia Guerra 1795 Mary Avenue Fort Lupton, CO 80621 Temo and Angela Martinez 1765 Mary Avenue Fort Lupton, CO 80621 Tony D. and Jennie Alatore 1786 Mary Avenue Fort Lupton, CO 80621 Henrietta Alatore 1786 Mary Avenue Fort Lupton, CO 80621 Francis Santistevan 1864 Caroline Avenue Fort Lupton, CO 80621 Arturo and Annie De Herrera 11522 Weld County Road 6 Fort Lupton, CO 80621 Manuel T. and Ramona A. Garcia 1814 Caroline Avenue Fort Lupton, CO 80621 Ernie Ryberg 17843 Weld County Road 6 Brighton, CO 80601 91.0062, SURROUNDING PROPERTY OWNERS ASPHALT PAVING COMPANY USR-921 Page 4 Arthur and David Chavez Antonia M. Sanchez 1829 Mary Avenue Fort Lupton, CO 80621 Annie Castaneda 1865 Mary Avenue Fort Lupton, CO 80621 Stephen E. and Rebecca Aerts 257 3rd Street Fort Lupton, CO 80621 Charles and Rosalie Galicia 1836 Mary Street Fort Lupton, CO 80621 Norman E. and Linda S. Lacoe 1826 Mary Street Fort Lupton, CO 80621 Steve Aerts c/o Hector J. and Candelaria Delatorre 11688 Fredrick Avenue Fort Lupton, CO 80621 Monte D. and Edith V. Benson 7785 Turner Drive Denver, CO 80216 Frank E. and Marcella Galicia 1924 Caroline Avenue Fort Lupton, CO 80621 Chris and Maria L. Herrera 11604 Julius Street Fort Lupton, CO 80621 Joseph D. and Elmire E. Herrera 11604 Julius Street Fort Lupton, CO 80621 Dan and Eva Herrera P.O. Box 405 Santa Cruz, NM 87567 51.0:306irti SURROUNDING PROPERTY OWNERS ASPHALT PAVING COMPANY USR-921 Page 5 Jose B. and Elvira O. Benavidez 11609 Fredrick Street Fort Lupton, CO 80621 Heirs of Candelario Galicia 1906 Mary Avenue Fort Lupton, CO 80621 Arturo Chavez Antonia M. Sanchez 1935 Mary Avenue Fort Lupotn, CO 80621 Ramona Galicia 1905 Mary Avenue Fort Lupton, CO 80621 Richard Trujillo Bertha B. Acosta 1895 Mary Avenue Fort Lupton, CO 80621 John C. and Susana Barber 453 Voiles Drive Brighton, CO 80601 Samuel R. and Rachel D. Sandoval 1930 Mary Avenue Fort Lupton, CO 80621 Margarito and Anita I. Navarro 1906 Mary Avenue Fort Lupton, CO 80621 Richard and Julia M. Galicia 1886 Mary Avenue Fort Lupton, CO 80621 Rumaldo and Rebecca Pino 1917 Grace Avenue Fort Lupton, CO 80621 Irene Pino c/o Diane Saureda 1103 Shortline Drive Fort Lupton, CO 80621 91,0062 SURROUNDING PROPERTY OWNERS ASPHALT PAVING COMPANY USR-921 Page 6 Mary F. and Dora Ortega 1847 Grace Avenue Fort Lupton, CO 80621 Peggy Hernandez and Mary Salazar 1887 Grace Avenue Fort Lupton, CO 80621 Frank and Marbella N. Hernandez 1945 Mary Avenue Fort Lupton, CO 80621 Esther and Amastacio Rodriguez 1965 Mary Avenue Fort Lupton, CO 80621 Joseph K. and Romona Avina 275 North 12th Avenue Brighton, CO 80601 Richard J. and Alma L. Trujillo 1964 Carolina Fort Lupton, CO 80621 Archdiocese of Denver c/o Casey Kiene and Horan 605 Symes Blvd. Denver, CO 80202 Richard Hernandez 1926 Grace Avenue Fort Lupton, CO 80621 Insilco Corporation P.O. Box 59140 Minneapolis, MN 55440 Jim R. , a/k/a/ Jim and Tina Hernandez 1926 Grace Avenue Fort Lupton, CO 80621 Philip Daily 209 North Kuner Road Brighton, CO 80601 910062' SURROUNDING PROPERTY OWNERS ASPHALT PAVING COMPANY USR-921 Page 7 Monte D. and Edith V. Benson Peggy L. Chambers 7785 Turner Drive Denver, CO 80221 Janice E. Dersham Laura M. Knapp 1206 Weld County Road 23-3/4 Brighton, CO 80601 George W. Stiber 11553 Weld County Road 6 Fort Lupton, CO 80621 Frank Damiana Donald L. and Suzanne Rittenhouse Route 1, Box 113-A Moore, ID 83255 Mortenson Broadcasting Company 333 West Vine Street, Suite 200 Lexington, KY 40507 Laura Knapp Janice E. Dersham 1206 Weld County Road 23-3/4 Brighton, CO 80601 Dennis B. Calahan, Trustee 1655 Grant Street Denver, CO 80203 C & M Ready Mix Concrete Company 7916 Niwot Road P.O. Box 4901 Niwot, CO 80544 Edward D. Perry 141 Kiely Boulevard Santa Clara, CA 95051 Barrett Energy Company Denver National Bank Building 1125 17th Street, Suite 2100 Denver, CO 80202 91.0062 SURROUNDING PROPERTY OWNERS ASPHALT PAVING COMPANY USR-921 Page 8 Arthur Chaves Arturo Ortiz 1855 Mary Avenue Fort Lupton, CO 80621 Art and Elsie De Herrera 12182 Huron Street, #203 Westminster, CO 80234 91006n AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property 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. G. OO • A Ic ° 1/1/1 r V;OTy`.ti. J PUDLIG:Iv yl4(,; The4r.going .i-rfstrument was subscribed and sworn to before me this 42,F C0 Ia day. " ).ct_..L,_ by S `s o ov_.‘o w�• vk a �c�". , WITNESS my hand and official seal . My Commission expires : My Commission Expire Fob. 13, 1993 No ary Public 91'0962 Names of Owners of Property Within 500 Feet Name Assessor ' s Parcel I . D . Schmidt , Martin/Evelyn S . 146925100002 & Pouton , Donna C . 2291 Skeel Street Brighton , CO 80601 Sailas , Victor/Susan 146925100017 & Lathrop, Earl D. /Delisa D . — 1563 Carolina Ave . Ft . Lupton , CO 80621 _ Sailas , Jennie 146925100016 1513 Carolina Ave . Ft . Lupton, CO 80621 Wattenburg Import Car Assn. Inc . 146925100015 c/o Frank Galicia , Treasurer 1924 Carolina Ave . — Ft . Lupton, CO 80621 Archuleta , Luisa V. 146925100013 _ 1623 Carolina Ave . Ft . Lupton, CO 80621 Giron , Antonia C . 146925116002 Giron , Robert L. 5 N. Main Street Brighton , CO 80601 • Tafoya, Joel 146925116003 1836 Mary Street — Ft . Lupton, CO 80621 Herrera , Leopold 146925116004 & Jeanett & Janet 1673 Carolina Ave . Ft . Lupton, CO 80621 — Herrera , Elmirea 146925116005 & Casias , Genevieve 1673 Carolina Ave . _ Ft. Lupton, CO 80621 91.Q06;-ti • Herrera , Elmira 146925116001 & Casias , Genevieve 11604 Julius Street Ft . Lupton, CO 80621 Sailas , James & Janet 146925117001 1676 Carolina Avenue — Ft . Lupton , CO 80621 Galicia , Richard 146925115001 & Julia M. 1886 Mary Street Ft . Lupton , CO 80621 Herera , Joseph Daniel 146925114001 & Elmira E . 11404 Julius Street - Ft . Lupton, CO 80621 Sailas , Ernest Richard 146925114002 & Vicki 1720 Caroline Avenue Ft. Lupton, CO 80621 - Uribe , Juanita Ida 146925114003 1714 Caroline Ave . Ft . Lupton, CO 80621 Campuzano , Ida L . 146925114004 1708 Caroline Ave . Ft . Lupton, CO 80621 Campuzano , Ida L. 146925114005 1708 Caroline Ave . - Ft . Lupton , CO 80621 Campuzano , Ida L. 146925114006 - 1708 Caroline Ave . Ft . Lupton, CO 80621 San as , Raymond 146925114007 & Emerlinda 1695 Mary Avenue Ft . Lupton, CO. 80621 Sandoval , Manuel 146925114008 & Guillerma — 1705 Mary Avenue Ft . Lupton, CO 80621 Mecillas , Albert & Julia 146925114009 1725 Mary Avenue Ft . Lupton, CO 80621 91.0062 • Mecillas , Albert & Julia 146925114010 1725 Mary Avenue Ft . Lupton , CO 80621 DeHerrera , Tommy & Rachael 146925114011 1738 Mary Avenue Ft . Lupton , CO 80621 DeHerrera, Art & Elsie 1469251A13001 1736 Mary Avenue - Ft . Lupton, CO 80621 DeHerrera , Elsie & Paul 1469251113002 _ 12182 Huron St . #203 Westminster , CO 80234 Herrera , Socorro 1469251113003 - & Herrera , Leopold G. 1716 Mary Avenue Ft . Lupton , CO 80621 Torres , Anotonio Frank 1469251113004 & Gloria _ 1706 Mary Avenue Ft . Lupton , CO 80621 Navarro , John M. 146925111001 — 4315 Steel Denver , CO 80202 - Adame , Genevieve 146925111002 1774 Caroline Avenue Ft . Lupton, CO 80621 Fontes , Florence (Martinez ) 146925111010 1770 Caroline Avenue Ft . Lupton , CO 80621 Martinez , Julian & Debra 146925111011 11595 Julius Street -- Ft. Lupton 80621 Mecillas , Juan & Carmen 146925111009 1775 Mary Avenue Ft . Lupton, CO 80621 Mecillas , Juan & Carmen 146925111007 - 1775 Mary Avenue Ft . Lupton, CO 80621 — Guerra, Guadalupe JR. 146925111008 & Obdulia 1795 Mary Avenue Ft . Lupton, CO 80621 91.006 Martinez , Temo & Angela 146925111012 1765 Mary Avenue Ft . Lupton , CO 80621 - Alatore , Tony D . & Jennie 14692511200 ] 1786 Mary Avenue Ft . Lupton , CO 80621 Alatore , Tony D . & Jennie 1469251112002 1786 Mary Avenue Ft . Lupton , CO 80621 Alatore , Tony D . & Jennie 1469251112004 1786 Mary Avenue - Ft . Lupton , CO 80621 Alatore , Henrietta 1469251112003 _ 1786 Mary Avenue Ft . Lupton, CO 80621 _ Santisteuan, Francis 146925110001 1864 Caroline Avenue Ft . Lupton, CO 80621 — DeHerrera, Arturo & Annie 14692510002 11522 W. C . R. 6 Ft . Lupton , CO 80621 Garcia, Manuel T . & Ramona A. 146925110007 1814 Caroline Avenue Ft . Lupton, CO 80621 Ryberg , Ernie 146925110008 17843 W. C .R. 6 -- Brighton, CO 80601 Chavez , Arthur & David 146925110009 _ & Sanchez , Antonia Nolena 1829 Mary Avenue Ft. Lupton, CO 80621 Chavez , Arthur • C14692511001O & Ortiz , Arturo 1855 Mary avenue - Ft . Lupton, CO 80621 Chavez , Arthur 146925110011 - & Sanchez , Antonia Molina 1829 Mary Avenue Ft . Lupton, CO 80621 Castaneda , Annie 146925110005 1865 Mary Avenue Ft . Lupton, CO 80621 g1.006? • — Castaneda , Annie 1469251100006 1865 Mary Avenue Ft. Lupton , CO 80621 Aerts , Stephen E . & Rebecca 146925109001 257 3rd Street Ft. Lupton, CO 80621 Aerts , Stephen E. & Rebecca 146925109002 257 3rd Street - Ft. Lupton , CO 80621 Galicia, Charles & Rosalia 146925109003 1836 Mary Street Ft . Lupton , CO 80621 Lacoe , Norman E . & Linda S . 146925109003 — 1826 Mary Street Ft. Lupton, CO 80621 — Aerts , Steve c/o Hector Juan 146925100012 & Candelaria, Delatorre 11688 Fredrick Avenue Ft . Lupton, CO 80621 Benson , Monte D . & Edith V. 146925100004 7785 Turner Dr . - Denver , CO 80216 Galicia, Frank E . & Marcella 146925106001 - 1924 Caroline Avenue Ft. Lupton , CO 80621 _ Herrera, Chris & Maria L. 146925106010 11604 Julius Street Ft. Lupton, CO 80621 - Herrera, Joseph Daniel 146925106011 & Elmira E . 11604 Julius Street _ Ft. Lupton, CO 80621 Herrera, Dan & Eva (LE) 146925106003 P.O . Box 405 Santa Cruz , NM 87567 Benavidez , Jose B . 146925106004 - & Elvira O . 11609 Fredrick Street Ft. Lupton, CO 80621 Galicia, Candelario Heirs Of 146925106008 1906 Mary Avenue Ft. Lupton, CO 80621 - 9.0082 -- Chavez , Arturo & 146925106009 Sanchez , Antonia Molina 1935 Mary Avenue Ft . Lupton , CO 80621 Galicia , Ramona 146925106007 1905 Mary Avenue - Ft . Lupton , CO 80621 Trujillo , Richard 146925106006 - Acosta , Bertha Bernice 1895 Mary Avenue Ft . Lupton, CO 80621 Barber , John C . & Susana 146925106005 453 Voiles Dr . Brighton , CO Sandoval , Samuel R. 146925107001 & Rachel D . _ 1930 Mary Street Ft. Lupton, CO 80621 _ Navarro , Margarito , & Anita I . 146925107002 1906 Mary Ft. Lupton, CO 80621 - Galicia, Richard & Julia M. 146925107003 1886 Mary Avenue Ft . Lupton, CO 80621 Galicia, Richard & Julia M. 146925107004 1886 Mary Avenue Ft. Lupton, CO 80621 • Pino , Rumaldo & Rebecca 146925100007 1917 Grace Avenue - Ft. Lupton, CO 80621 • Pino , Rumaldo & Rebecca 146925100008 - 1917 Grace Avenue Ft. Lupton, CO 80621 Pino , Irene • 146925100009 c/o Diane Saureda 1103 Shortline Drive Ft. Lupton, CO 80621 Ortega, Mary F . & Dora 146925100010 1847 Grace Avenue - Ft . Lupton, CO 80621 91.0062 Hernadez , Peggy & Salazar Mary 146925100011 1887 Grace Avenue Ft . Lupton , CO 80621 - Hernandez , Frank & Marbella N . 146925103003 1945 Mary Avenue Ft . Lupton, CO 80621 Hernandez , Frank & Marbella N. 146925103004 1945 Mary Avenue Ft . Lupton, CO 80621 Rodriguez , Esther & Amastacio 146925103005 1965 Mary Avenue - Ft . Lupton , CO 80621 Avina, Joseph K. & Romona 146925102001 275 N . 12th Avenue Brighton , CO 80601 Trujillo , Richard J . & Alma L. 146925102006 1964 Carolina Ft . Lupton , CO 80621 - Archdiocese of Denver 146925101001 c/o Casey Kiene & Horan 605 Symes Blvd . _ Denver , CO 80202 Hernandez , Richard 146925108001 1926 Grace Avenue - Ft . Lupton, CO 80621 Hernandez , Richard 146925108020 — 1926 Grace Avenue Ft. Lupton , CO 80621 Insilco Corporation 146925100019 P .O . Box 59140 Minn . , MN 55440 Hernandez , Jim R. AKA Jim & Tina 146925108006 1926 Grace Avenue Ft . Lupton, CO 80621 Daily, Philip 146925108022 209 N . Kuner Rd Brighton, CO 80601 Daily, Philip 146925100020 209 N . Kuner Rd Brighton , CO 80601 91.0062 Benson , Monte D . /Edith V. 146925108004 & Chambers , Peggy L . 7785 Turner Dr . Denver , CO 80221 Dersham, Janice E . 1/2 Int . 146925000014 Knapp , Laura M . 1/2 Int . 1206 Weld Co . Rd. 23 3/4 - Brighton, CO 80601 Sailas , Jennie 1469250016 — 1513 Caroline Avenue Ft . Lupton , CO 80621 Stieber , George W. 14692400016 11553 W. C .R. 6 Ft . Lupton , CO 80621 - Damiana, Frank & 147119000006 Rittenhouse , Donald L. /Suzanne Rt . 1 Box 113-A _ Moore , ID 83255 Mortenson Broadcasting Co . 147130000095 _ 333 W. Vine St . , Ste 200 Lexington, KY 40507 Knapp, Laura 1/2 Int . 147130000013 - Dersham , Janice E . 1/2 Int . 1206 W. C.R . 23 3/4 Brighton , CO 80601 Clanahan , Dennis B . , Trustee 147130000014 1655 Grant Street Denver , CO 80203 C & M Ready Mix Concrete Co . 147130000093 7916 Niwot Rd. P.O. Box 4901 Niwot , CO 80544 C & M Ready Mix Concrete Co . 147130000094 — 7916 Niwot Rd. P. O . Box 4901 Niwot , CO 80544 9.1.0016 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property 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 lesses 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. V.OTA17y'.� 14Yli FOpr0`U�P,' The foregoing instrument was subscribed and sworn to before me this IT- day of Q,11,„_\_,\ , 1990 . WITNESS my hand and official seal. My Commission expires: Mr Commission Expires Feb. 13, 1993 c��V,3.\.-a. cko oa N tary Public 91.0O132 Mineral Interest Owners Edward D . Perry 141 Kiely Boulevard Santa Clara, CA 95051 ( 408 ) 246-9064 Barrett Energy Company Denver National Bank Building 1125 17th St. , Suite 2100 Denver, CO 80202 ( 303 ) 297-3900 - 91.0962 EXH=B=T P Owners of Record of Surface Area Edward D. Perry 141 Kiely Boulevard Santa Clara, CA 95051 Owners of Record of Substance to be Mined Edward D. Perry 141 Kiely Boulevard -- Santa Clara, CA 95051 EXH=IBIT Q Both the municipality of Brighton and the unincorporated community of Wattenberg are approximately within two miles of the project. Since Wattenberg is unincorporated, it has no official contact. Contact information for the City of Brighton is as follows: City of Brighton City Manager 22 South Fourth Avenue Brighton, CO 80601 ( 303 ) 659-4050 P/Q-1 91.0062 STATE OF COLORADO MINED LAND REQLAMATION DIVISION t..0:8-cioezr?Department of Natural Resources1313 Sherman St.,Room 215Denver,CO 80203 303 866-3567 Fax: 303 832-8106 _ Roy Romer, Governor Fred R.Banta, Division Director County, City, and Town Zoning MEMORANDUM DATE: July 30, 1990 TO: Weld County Planning Department • P.O. Box 758 915 10th Street Greeley, Colorado 80632 1 FROM: Daniel I. Hernandez, Reclamation Specialist -)>i RE: MLRD File No. M-90-098, Perry Pit Please be informed that Asphalt Paving Company has filed with our office an application to conduct surface mining and reclamation at or near Section 30.0, Township 1 .0 N, Range 66.0 W, 6th Prime Meridian. The applicant proposes to reclaim the site for pastureland use. The applicant is required to place a copy of the application for public inspection with the Clerk of the county in which the proposed mine is situated. This is intended to provide the application for public review and comment. Please note that it is not intended to be made a part of public record by recording. The Board is tentatively scheduled to consider this application on October 17, 1990. If you have any questions, please contact me. DIH/eke 8414G • rAUG „7761990 No Pbst- 1so ,,taotu�w STATE OF COLORADO _ MINED LAND RECLAMATION DIVISION of cD< ,� Department of Natural Resources � tt r 1313 Sherman St., Room 215 Den r/ 1$ Denver,CO 80203 ° 303 866-3567 "/84b" FAX: 303 832-8106 Roy Romer, Governor Fred R.Banta, Division Director County, City, and Town Zoning MEMORANDUM DATE: July 20, 1990 T0: Weld County Planning Department P.O. Box 758 915 10th Street Greeley, Colorado 80632 FROM: Steven G. Renner, Reclamation Speciali k RE: MLRD File No. M-90-098, Perry Pit Please be informed that Asphalt Paving Company has filed with our office an application to conduct surface mining and reclamation at or near Section 30.0, Township 1 .0 N, Range 66.0 W, 6th Prime Meridian. The applicant proposes to reclaim the site for pastureland use. The applicant is required to place a copy of the application for public inspection with the Clerk of the county in which the proposed mine is situated. This is intended to provide the application for public review and comment. Please note that it is not intended to be made a part of public record by recording. The Board is tentatively scheduled to consider this application on October 17-18, 1990. If you have any questions, please contact me. SGR/BDC/eke 8269G c e'n InTh 1�, alL 01990 . CAL, #016 c u. n.iru di. .at�TePrJsyto'= fZitil \lc\ dall DEPARTMENT OF PLANNING SERVICES wimpPHONE(303)356-4000,EXT.4400 915 10th STREET G REELEY,COLORADO 80631 C. COLORADO July 19, 1990 Sprague Mayger Asphalt Paving Company 14802 West 44th Avenue Golden, CO 80403 Subject: USR-921 - Request for a Site Specific Development Plan and a Special Review permit for open pit mining and materials processing in the A (Agricultural) zone district, a parcel of land described as part of the NE14 of Section 25, TIN, R67W of the 6th P.M. , Weld County, Colorado Dear Mr. Mayger: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Planning Commission on Tuesday, August 21, 1990, at 1:30 p.m. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members might have with respect to your application. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Brighton Planning Commission for its review and comments. Please call Jim Sayre at 654-1638 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Planning Commission Meeting to answer any questions the Commission members may have with respect to your application. It is the responsibility of an applicant to see that a sign is posted on the property under consideration at least 10 days preceding the hearing date. Sometime prior to August 7, 1990, you or a representative should call me to obtain a sign to be posted on the site no later than August 11, 1990. 91.0082 Sprague Mayger USR-921 Page 2 The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. It is the responsibility of the applicant to call the Department of Planning Services' office a few days before the date of the Planning Commission hearing to obtain that recommendation. If you have any questions concerning this matter, please feel free to call me. Respectfully, �:lite ( Lanell J. Curry Current Planner 91.®0cj,c3.; NOV 09 '90 13:25 CITY ^r BRIGHTON P.1 AITY �� 5g-7 - D2.y2. BRIGHTON V • FAQ TltAIV'SIvIX•rTAL FROM: Masi //� ih 7_24/'6 TITLE: h C-jr-4 leir htti COMPANY: // City of Brighton DATE: /4- "I TIME: / : 34:2 �aZ TO: L-Cvn Q COMPANY: (/(/Q (L 27 4-t-t- v,/ e COMMENTS: �i�jz`Q� 42/2_P C� r �� '� 62,0 2� NUMBER OF PAGES (INC DING COVER) ORIGINALS WILL c/ WILL NOT BE SENT TO YOU BY MAIL. 22 South 4th Avenue, Brighton, Colorado 80601, tel: 654-1637 FAX # 659-4844 51.0082 NOV 9 ' 90 13: 32 303 659 4844 PRGE . 001 CITY OF BRIGHTON v November 9. 1990 Lanai ] J. Curry. Current Planner Weld County Planning Department 916 Tenth Street Room 342 Greeley, Colorado 80031 Dear Lanell : Please be advised that the Citv of Brighton is in receipt of a letter of response from Asphalt Paving Company concerning our referral to you dated August 13, 1990 about this specific proposal for a "Pit" mining operation along the Platte River. Many of our concerns have been adequately addressed in the revised proposal , however there remain some questions about the operation which were not adequately addressed in the revised application for a Mining Use by Special Review Permit submitted by Asphalt Paving Company: I. 1 . There is no identification of the number of trees to be removed and the size and number of trees to be planted in the reclamation plan to replace the lost trees. 2. Due to this precarious location, there is need for detailed restrictions concerning how this plant will operate, i .e. , hours of operation, days per week, amount of material processed, amount of material stored, potential amount of equipment and trucks to be stored, and in what manner ( no junkyard) , etc. They can not be given carte blanche to operate in any manner they please, without having serious impacts on the community and environment. II. Reclamation Flan 1 . Replacement of destroyed trees with 1" to 1 1/2" caliper trees would only be acceptable if a number of the smaller trees were planted for each mature tree destroyed. How many trees are being lost? 2. Staging of reclamation is not clear and not sufficient. What can possibly be done with the meager amount of money proposed for reclamation' This can not begin to replace the lost amenities of such a natural environment. 91006? 22 South 4th Avenue - Brighton, Colorado 80501 - [303] S59-4050 III. Monitoring 1 . Is the monitoring of groundwater levels, as proposed, adeuuate': 2. How were the determinations on groundwater impacts made and what mitigation will be done. if impacts are greater than anticipated' 3. Have the water quality statements and no need for NPCBS permit statement been verified" IV. Traffic Impact Analysis 1 . Twenty-five ton trucks on two lane rural roads will cause rapid deterioration of these roadways, which were not built to industrial road standards. Simple overlay of the existing asphalt surface does not bring the road up to industrial standards. 2. The traffic impact analysis is inadequate to assess the impact of this proposal . The objective of a traffic impact analysis is to determine the cost incurred for system improvements due to the impact of new development. The total number of vehicle trips per day by trucks, together with employee traffic, other equipment, delivery of supplies, etc, needs to be quantified to determine the total vehicle trips annually on the local road system and the need for roadway improvements for impacts generated by this proposed use in this location, which are necessary to make it a safe operation. This concern has not been addressed at all . The Brighton Comprehensive Land Use Plan calls for this area to be low density residential development and large open space areas. It also, states the need for greenbelt trails connecting Brighton and other Meld County communities with the natural amenities along the Platte River. If, the County allows aesthetically pleasing areas such as this to be totally destroyed without proper reclamation. then weld County will lack the aesthetic environment necessary to attract upscale development, expected to be generated by the new international airport. If these remaining questions raised from review of the revised proposal can be adequately addressed to the satisfaction of the Weld County Planning Staff, then the City of Brighton would have no problem with the Application being approved. Thank you for your cooperation in this matter. If, you should have any questions, concerning this response or need any additional information, please feel free to contact this office at any time. Si - rely, _ ,...\ ,....., :„.• :: .,.: ,-“!, 1. ,1( L i '1 11 1 Alan J. 1 ,taro, Ass Citv Planner : I� 1 `; f �� , L3 91.0062 virir 6 MEMORAnDum To WeIA COnnfy Planning rnmmiaciatme NOya /mbor ' 13, 1990 NIJCOLO O RAD Rom Tanoll N Curry, 6+rront P1 Subject: TTAP-971 - Asphalt Paving Cnmpany Attached are additional copies of correspondence which have been received on this case. This case has been continued twice to allow the applicant to address issues and concerns expressed by referral agencies. Also attached are revised plats. The three newer members of the Planning Commission are being sent copies of the original application and plat. The six remaining members should still have those materials. Also attached are copies of correspondence from some of the citizens of Wattenberg. These copies were hand-delivered to our office on August 21 . tT 4„ DEPARTMENT OF THE ARMY i a e\ CORPS OF ENGINEERS,OMAHA DISTRICT (`� r) TRI-LAKES PROJECT OFFICE,9307 STATE HWY 121 o m LITTLETON,COLORADO 80123-6901 ,�� \ j 29 October 1990 �iO REPLY TO 7 ATTENTION OF _ Regulatory Branch Mr. Gary Tuttle Tuttle Applegate , Inc . 11990 Grant Street , Suite 410 Denver , Colorado 80223 Dear Mr. Tuttle : Reference is made to our October 18 , 1990 letter which concerns the Perry Pit wetland delineation and proposed min- ing activity located in Sections 25 and 30 , T-1-M , R-67-W, Weld County, Colorado . Your revised wetland delineation map dated October 18 , 1990 is considered accurate and acceptable by this office . I have also reviewed the proposed mining project and as- sociated activities such as the placement of stockpile mate- rial at upland sites and not into wetlands , no back filling in wetlands and the crossing of the Lupton Bottom Ditch and adjacent wetland by a conveyor system. This letter is to inform you that the proposed activity 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 you have any questions concerning this matter , please feel free to contact this office or me at 303-979-4120 or 4121 . Sincerely, (7:: Sim A‘`\kii TERRY McKEE Environmental Resource Specialist 1 Permit Files I"�'- �N II Omaha Permits Branch 1\:\, _- ' � \I1�-- —UU (11.0 ° WEST ADAMS 60 South 27th Avenue SOIL CONSERVATION Brighton , CO 80601 DISTRICT Phone : 659-7004 October 19, 1990 Ms. Laneil J . Curry Weld County Colorado Department of Planning Services 915 10th Street Greeley , CO 80631 RE: Case Number USR-921 Asphalt Paving Company (Perry Pit) Dear Ms . Curry : I have reviewed the letter from Tuttle Applegate , Inc . It appears they have addressed most of the concerns of the Platte Valley and West Adams Soil Conservation Districts . However, we do not believe grazing should be allowed until the grasses are established . Sometimes it takes longer than two years before grasses become established . Grasses seeded should be those recommended by the Soil Conservation Service reseeding plan . When the grasses are established there will be limited grazing and we believe a grazing management plan should be developed which should include weed control and proper grazing of the area. With proper grazing , fencing the pond would not be necessary . We do believe each pond should have a watering ramp for livestock . This provides flatter slopes for animals to get to water or get out of the ponds . Sincerely , Wet/A- 22- Max Moler, President Board of Supervisors ,, }I ifidd P1aW1111 a un iitWiSgt1, •-•"--� - TUTTLE APPLEGATE, INC. Consultants for Land and Resource Development October 18 , 1990 Mr. Terry McKee U. S . Army Corps of Engineers 9300 Colorado State Highway 75 Littleton, CO 80123-6901 RE : Perry Pit Wetlands Mapping Dear Terry: On October 17 , 1990 , Sprague Mayger of Asphalt Paving and myself accompanied you on a site visit to the Perry Pit. During this visit we walked the site and checked the wetland area map prepared by our firm. Our checking of the map involved plant identification, topography, and soils . Based on that work, several parts of the map were revised. The revised map is enclosed with this letter. Please confirm in a letter to us that the revised map is a correct representation of our discussions and decisions in the field regarding wetland delineation. While in the field we also outlined for you our mining plan. The pit will be mined wet to the side slopes of 3: 1 . There will be no backfilling of side slopes. All stockpiling, whether temporary or permanent will be located outside of wetland areas . We will cross the Lupton Bottoms Ditch and the adjacent wetland with a conveyor. This conveyor will be placed on concrete road barriers and there will be no filling of the wetlands for the conveyor construction. In the same letter as mentioned above , please indicate your opinion as to the need for a Section 404 permit under the Clean Water Act. Please call if you have any questions . Cordially, TUTTLE APPLEGATE , INC. i5` j , t,v� f CI J� J� I� r ig I OCTi '7 13;3 Gar . Tuttle LJ GJT/cr Enc. Wigd L""IC. Amiga, 1Lu#161 'd#1 _ cc : File #90-140WC Sprague Mayger, Asphalt Paving Co. Lanelle Curry, Weld County Planning Dan Hernandez, Mined Land Reclamation Division o arz rrtnnt ^r •-p r,t cr,itc d ' n nPrvor nnlnr.trin P0211 45?-6671 TUTTLE APPLEGATE, INC. Consultants for Land and Resource Development October 11 , 1990 Mr. Roy Bell West Adams Soil Conservation District 60 South 27th Avenue Brighton, CO 80601 RE : Perry Pit; Weld County Dear Roy: With this letter we would like to respond to comments from both Max Moler and Clyde Abbett who have written letters commenting on the Perry Pit application. The final beneficial use of the property is livestock grazing. No livestock will be allowed on the property until the bond is released from the Mined Land Reclamation Division. Generally this is two years after the seeding takes place . We will recommend to the owner that he consult you regarding a conservation plan for the management of the grasses prior to allowing cattle on the property. There is such a limited amount of grazing available that we anticipate very few cattle on the property. Therefore , we have not anticipated the need for fenced cattle ramps down to the water. The stockpiles will indeed kill the existing vegetation . When the stockpiles are removed, our plan is to scarify the ground and reseed with adaptive grasses . Asphalt Paving Co . will redistribute the topsoil to a depth of at least 12 inches . Asphalt Paving Co . will test the soil for fertilizer needs and the fertilizer will be applied according to the soil test. We have calculated that 91 . 5 acre-feet of water will be needed during the last years of the mine when the maximum amount of lake is exposed and mining is still in process . The operator has the use of one ( 1 ) share of Brighton Ditch water to cover the mining and evaporation requirements . This share will deliver 410 acre- feet of water. Safely assuming that only half of this delivered water is for consumptive use, the operator has 200 acre-feet of water available . ..:91.00"•43.. cep,, TUTTLE APPLEGATE, INC. Consultants for Land and Resource Development Mr. Roy Bell West Adams Soil Conservation District October 11 , 1990 Page 2 In conversations with the Miffed Land Reclamation Division, the operator will install side channel spillways to allow the 100 year flood to safely top the bank of the South Platte River and flow into and out of the pit. These side channel spillways are low depressions about 150 feet wide which will direct water and prevent bank erosion. Prior to the installation of these side channel spillways , the setback from the river will be 400 feet. With the spillways installed , the setback from the river for the mine will be 100 feet at the minimum point. Our revised mining plan (which is enclosed) has eliminated the southwestern part of the property, classified as a prime wetland, from the mining area . This information should cover the concerns mentioned by both gentlemen in their letters. If there are any additional questions , please do not hesitate to call me . Also we would appreciate if you would call Lanelle Curry at the Weld County Planning Division with your response to this information. Cordially, TUTTLE APPLEGATE , INC . (7?),1,/ / T Gary J( Tuttle GJT/cr Encs . cc : File #90-140WC Sprague Mayger, Asphalt Paving Co . M 1.01)8 SMSEW SEMMES TUTTLE APPLEGATE, INC. Consultants for Land and Resource Development October 3, 1990 Mr. Terry McKee U. S . Army Corps of Engineers t'/_-- � Department of the Army ct9� �—f� ;k1 cl\V � ` ^ 9300 Colorado State Highway 75 OCT 1990 Littleton, CO 80123-6901 L;1u ---/fie RE : Perry Pit Wetland Delineation ituld ello•lo"wr Dear Terry: As we discussed several times, the mining plan proposed by Asphalt Paving on the Perry Pit site may conflict with jurisdictional wetlands of the United States. These conflicts arise from the stockpiling and backfilling which would occur during the sand and gravel mining operation. Our first step in analyzing this possible conflict was to delineate and map possible wetlands on the site . We did this using the routine method using both off-site and on-site determinants. First, we obtained a June, 1980 aerial photograph of the property. Using this photograph we delineated plant communities . The aerial photograph was correlated with the USGS topographic map to determine low and high areas on the site . We then identified 12 distinct areas where wetlands may be present based on this off-site information. In the field at each of the 12 sites we gathered plant material and soil samples. Hydric soils and obligate and facultative plants were then identified. This analysis of work resulted in the wetland areas map which is enclosed with this letter. It is the intention of Asphalt Paving Co . to have no conflicts with the Section 404 Clean Water Act. Therefore, we have amended the mining plan to prevent any filling in of the jurisdictional wetlands. Enclosed with this letter you will find our revised mining plan. First of all, please note the mining has been eliminated in the southwestern section. This area is the most valuable wetland on the property. On the western section of the property the mining has been reduced to minimize the disturbance on wetlands. The crushing facilities and the stockpiles have been located in areas which do not contain wetlands . Access into the property will be on the existing gravel road from the north. The asphalt plant has been eliminated. CH Oro 11990 Grant Street Suite 410 Denver, Colorado 80233 452-6611 — AMMEINIMMOMM Sae IINIMOINIMEll : - "UM _ TUTTLE APPLEGATE, INC. Consultants for Land and Resource Development Mr. Terry McKee U. S . Army Corps of Engineers October 3, 1990 Page 2 On the east side of the property the asphalt plant has been located in a non-wetland area. The mining boundary here remains the same . On the entire mining operation side slopes will be mined at 3 : 1 . Therefore, no backfilling will be necessary. All stockpiling, both temporary and permanent, will occur in non-wetland areas. The new mining plan does propose a conveyor belt across the wetlands of the Lupton Bottoms Ditch. The conveyor belt will be constructed in such a manner as to qualify for a nationwide permit. In addition, we may desire to have a road through the wetland and across the Lupton Bottoms Ditch at the same point. If it is possible to build the road across the ditch with a nationwide permit, we will do so. If not, then the road will not be constructed. Our report outlines our methodologies and analysis will be forwarded under separate cover very soon. It is our opinion that the revisions to the mining plan prevent any violations to the Section 404 Clean Water Act. Upon your review of our report and maps , we would appreciate an opinion letter from your office . Cordially, TUTTLE APPLEGATE, INC . Gary J. Tuttle GJT/tc Encs. cc: File #90-140WC Sprague Mayger, Asphalt Paving Company Lanelle Juliet, Weld County Planning S1.0052 F- CC wD - wp v=i U. g �_. 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Nazzaro Associate City Planner Wold Co. Nam* deaf City of Brighton 22 S. 4th Avenue . Brighton, CO 80601 . RE: Perry. Pit Case No. USR-921 Dear Alan: The following is in response to your August 13 , 1990 letter regarding the above. The size of the operation has been scaled down. We have taken your thoughts under advisement and as a result of points you have raised, as well as further discussions with Larry Rogstad of the Division Of Wildlife and Terry McKee of the Corps of Engineers, we have elected not to mine any of the area we originally called Phase Two. This area was the most critical regarding wildlife and it most definitely was a "wetland" . We feel this decision will benefit all concerned. Further, not mining this area will mitigate the concerns regarding close distance to the Town of Wa-ttenburg water well relating to "draw down" , contamination and other proximity concerns. We have had extensive discussions with Larry Rogstad of the DOW, and he is happy with our current proposal and has accepted same. The issue of wildlife habitat has been put to rest. We have mapped the wetlands as requested by Terry McKee of the Corps of Engineers. Our revised mining plan has taken into account his feelings regarding wetlands, the preservation thereof and mining requirements related thereto. Reclamation will, of course, be influenced and approved by MLRD. There are not 40 acres of heavily wooded areas that will be lost forever. The trees along the "little ditch" will remain untouched, as well as all the trees outside our immediate mining 1.O }6,? Alan J. Nazzaro Page 2 October 2 , 1990 area. As the reclamation is influenced by MLRD, the ultimate land usage is influenced by the land owner. This is private property and to the best of my knowledge is intended to remain so. Our proposed activities will insure that the "integrity of the South Platte River be preserved. " We will not be anywhere near the river nor do we intend to alter its channel or its historic flow. Please be advised that County Road 6 has been upgraded; an asphalt overlay has just been completed which has increased the structural integrity of the roadway. This will more than accommodate our proposed trucking. We feel that we have addressed the expressed concerns of all who have made their feelings known. We have had several meetings with the Town of Wattenburg, as well as the aforementioned. We have revised, altered and changed our mining plan. Reclamation will be as directed by MLRD and the DOW. As a result of less mining, more wildlife habitat will be left undisturbed. The mining duration will now be less. Keep in mind also that the mining activity is a function of market and our success in it, and as a result, we cannot be more specific with regard to quantifying mining and reclamation time tables . Public open space is a question to be addressed by the property owner. In conclusion, we have made a great effort to do this right. We have addressed your concerns , as well as those of others . Given the above , we feel that there should be no problem in your recommending approval of this proposal. Thank you for your comments. Yours truly, Sprague H. Nayger Vice President SPA M/bj cc: Lannon Curry, Weld County Planner 91.096 • 14802 WEST 44TH AVENUE ' ,^ GULDEN,COLORADO 80403 ,,,,7/o:,t�4� (303) 279-661 1 hri_ -., ) -�- E . October 1 , 1990 Larry Rogstad Division of Wildlife District Wildlife Manager 1528 28th Avenue Court Greeley, CO 80631 RE: Perry Pit Case No. USR-921 Dear Larry: A follow up note to your letter of September 14 , 1990 regarding the above. Please be advised that, as of this writing, we have decided not to mine any of the area we called Phase Two (the area in the southwest corner of our leased property) . This is the area you felt might be impacted the most as a result of our mining activity. We have made the decision to leave .it as is untouched and, therefore, the existing wildlife habitat should remain undamaged. Further , we will still call you when we get into our reclamation activities regarding the remainder of the maned area. Thank you for all your: help and support. Yours truly, Sprague M. Mayger Vice President SMM/bj cc: Terry McKee , Corps of Engineers Lanell Curry, Weld County Planner Dan Hernandez , MLRD o P 0CT 2 1990 1 V�- ~ veld Co. AM* ,:mmmSSIor 91.00L2 STATE OF COLORADO Roy Romer, Governor REFER TO. DEPARTMENT OF NATURAL RESOURCES L n ,77,;1-7O-7j �_ DIVISION F WILDLIFE � �' I t' `°� °° LO AN EQUAL OPPORTUNITY EMPLOYER 1 � p Perry D. Olson, Director 4 7 1990 I 3� y 6060 Broadway 7, f „t I OF w Denver, Colorado 80216 J Telephone: (303)297-1192 weiti et, Larry Rogstad, District Wildlife Manager September 14, 1990 1528 28th avenue court Greeley, Colorado, 80631 ph. 352-2143 Lanell J. Curry, Current Planner Department of Planning Services, Weld Co. 915 10th street Re: Case Number USR*921 Dear Lanell Mr. Sprague Mayger, of Asphalt Paving Company, and I have had several discussions during the last several weeks concerning the Perry Pit proposal in the Wattenburg vicinity. In these discussions Mr. Mayger has agreed in principle to the recom- mendations expressed by the Division of Wildlife in letter to your agency. Asphalt Paving, according to Mr. Mayger, has a sincere desire to reclaim the Perry Farm in a manner that will be environmentally sound and consistent with surrounding land uses. Mr. Mayger has expressed a concern to the Division about its recommendations concern- ing the mining of area two of the Perry Property. As you remember, area two currently is covered by a shallow cattail marsh. Gravel extraction in this area would destroy the marsh, a valuable wildlife habitat. The Division recommended that Asphalt Paving leave a 50 foot perimeter of undisturbed marsh around mining area 2. It also rec- ommended shallow sloping of backfill during reclamation (no steeper than 4:1) back to the remaining cattails to favor regrowth of emergent aquatic vegetation. The result would be a pond/marsh complex of greater wildlife value than the existing habitat. Asphalt Paving feels that to effectively mine the southwest portion of the property, area 2, it will have to destroy the entire cattail area along the north boundry. It would also be economically necessary to leave a thirty foot marsh buffer along the other portions of area 2, rather than the fifty foot buffer. Mr. Mayger has assured the Division that this is a necessity, and that Asphalt Paving will work closely with the Division to reclaim the area in a satisfactory manner. As stated in the earlier letter to your office, the Division recognizes the need of the applicant to extract mineable deposits of gravel. The Divison and Asphalt Pav- ing have agreed to a compromise on the mining of area 2. The Division recognizes the need to remove all vegetation on the north boundry of area 2, and a thirty foot marsh buffer along; the surrounding boundries. In return, Asphalt Paving will work closely with the Division in the reclamation of this portion of the property as a pond/marsh complex. Tom Lynch, District Wildlife Manager in Brighton, or I will work as a consultant to Asphalt Paving on this reclamation project. Asphalt Paving has agreed to backf ill the site to create highly irregular shorelines and/or islands and loafing sites. Shoreline slope will be shallow (no steeper than 4:1) adjacent to existing cattails to stimulate emergent aquatic growth. Additional plantings of trees and shrubs will be necessary to increase wildlife value of the area. Seeding of up- land sites should include a wide variety of grasses and dryland legumes to increase site heterogeneity. DEPARTMENT OF NATURAL RESOURCES, Hamlet J. Barry, Executive Director WILDLIFE COMMISSION, George VanDenBerg, Chairman • Robert L. Freidenberger, Vice Chairman • William R. Hegberg, Secretary Eldon W. Cooper, Member . Rebecca L. Frank, Member • Dennis Luttrell, Member • Gene B. Peterson, Member • Larry M. Wright, Member •-•Z.. �n� It would be in the best interest of Asphalt Paving to contact the Corps of En- gineers concerning the need for a 404 permit for reclamation in area 2. Extraction of the gravel would not, as I understand the law, require a permit. However, since reclamation would involve backfilling a wetland a Loo permit may be necessary. The Corps of Engineers can provide the definitive information on this subject. I would appreciate it if you would contact Sprague Mayger concerning this letter. I have no intention of misquoting the verbal agreement we have made as expressed in this letter. He can verify that the information I have provided you is correct. If there is a problem, please let me know as soon as possible. Asphalt Paving and the 'division have an amicable working relation on this project, and should be able to work out any problems prior to the county hearings. I would like to close by thanking Mr. Mayger, and Asphalt Paving for the consider- ation they have shown the Divison of 'wildlife on this project. It is important that we all work together on these projects to achieve the best possible results economic- ally, socially and environmentally. If this is done Weld County will continue to be a good place for people as well as rigildlife. Sincerely, Larry Agstad cc Sprague Mayger, Asphalt Paving Tom Lynch, D.O.W. Hick Moss, ).0.W. file S1.0 of Coto ROY ROMER �w� � y O JERIS A. DANIELSON Governor * t o ?`. *� State Engineer * (/ 6*87 OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 August 30, 1990 Mrs. Lanell J. Curry Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: Asphalt Paving Company, USR-921 Perry Pit NE1/4, Sec. 25, T1N, R67W Dear Mrs. Curry: We have reviewed the above referenced proposal for open pit mining and materials processing on 117.61 acres. Ground water will be encountered and exposed in this operation. No well permit has been obtained from this office for the ground water lakes as per section 37-90-137 (II) (a) (I) , C.R.S. (1973) (1989 Supp. ) . A well permit for the lakes must be obtained prior to any exposure of ground water. We could not issue a well permit without an augmentation plan approved in Water Court or a substitute water supply plan approved by the State Engineer because the proposed ground water lakes are located in an over-appropriated basin. The statute (Section 37-90-137 (II) (e) (II) ) also imposes a fee to be collected with the plan for augmentation or substitute supply. We have no record of receiving this fee. We would recommend monitoring wells not just for impacts to the Lupton Bottoms Ditch, but also to monitor impacts to nearby wells. The more baseline ground water data available, the better it could be determined whether any injury which may occur to nearby wells was caused by the mining operation. We have no objections to this proposal as long as the applicant obtains a well permit prior to any exposure or use of ground water by the operation. Sincerely, mes R. Hall , P.E. Supervising Water Re AR4X-- 0 .0471, rm,r)1 JRH/JCM/c1f:2865I SEP 5 1990 cc: Alan Berryman, Division Engineer Li Bruce DeBrine —_ .— - J Weld Cra. Dt“,l:-tallien 4."‘itticit mEmoRAnDum WilkLanell Curry, Planning August 14, 1990 To Data COLORADO From Drew Scheltinga, County Engineer h Asphalt Paving Company, USR-921 0 suboct: We have no objection to the plan as submitted. However, the additional heavy hauling generated by the pit will have an impact on Weld County Road 6 between the entrance and U.S. Hwy 85. A Road Maintenance and Improvements Agreement should be required between the applicant and the Board of Weld County Commissioners to mitigate the increase in heavy hauling. AUG 1 4 1990 La_ yf Wald Cb, 9 b1WMk 4410i 0V DS/mw:praspav cc: Commissioner Kirby Planning Referral File - Asphalt Paving Co. , USR-921 91.0 4?, CITY OF FORT LUPTON PLANNING AND ZONING COMMISSION August 14,,___1990 The meeting was called to order by Le Ann Long. Members present: Leann Long Bernie Schmanski Dick Imhof Gene Reynolds, Absent Anthony Bueno, Absent Tracey Reynolds, Staff David Yamada, City Administrator Weld County Referral USR 921 - Site Plan Review and Special Use Permit for open pit mining and materials processing. (Perry Pit) The only concern that the Commission members had in relation to this application was how it might impact well water supply of adjacent property. It was moved by Bernie Schmanski and seconded by Leann Long to recommend that the plant owner and/or operator be responsible for indemnifying any parties whose water rights are damaged as a result of this operation. The motion passed unanimously. Weld County Referral USR 923 - Site Plan Review and Special Use Permit for expansion of an existing church (Mount Calvary Lutheran Church in Peaceful Acres ) This application was reviewed carefully due to its proximity to existing city limits and since it is anticipated that this area will eventually be annexed to the City. It was moved by Leann Long and seconded by Dick Imhof to make these recommendations and comments to Weld County: * Concern was expressed over expanded use of a septic system which leaches into the ground directly upstream of a City well . * Suggestions re : parking - Require paved parking area . Screen parking from adjacent residential areas . * Require storm water detention/control . * Require more specific landscaping det 7� gkrt4� AUG 2 0 1990 p geld Gb iM-,,, ,i 901162 August 14, 1990 - Page 18 CITY OF BRIGHTON v August 13, 1990 Lanell J. Curry, Current Planner Weld County Planning Department 916 Tenth Street - Room 342 Greeley, Colorado 80631 Dear Lanell: Please be advised that the City of Brighton has some major concerns about this specific proposal for a "Pit" mining operation along the Platte River, which were not adequately addressed in the application for a Mining Use by Special Review Permit submitted by Asphalt Paving Company: I. Size of operation, proximity and duration of impact on Wattenburg and Platte River Valley wildlife habitat. 1. At 117.61 Acres with three phases, lasting any where from 9 to 21 years virtually adjacent to the town of Wattenburg and within 100 feet of prime Platte River Riparian Habitat, this is too large and too long term of an impact. 2. Destruction of 30-40 acres of "Prime" Platte River Valley wildlife habitat, as identified by the Colorado Division of Wildlife, which can never be replaced. 3. Destruction of over 40 acres of heavily wooded areas with 100+ year old cottonwood trees, which will be lost forever. 4. Long term disturbance of existing wetland habitat for water fowl and other animals. 5. Due to this precarious location, there is need for detailed restrictions concerning how this plant will operate, i.e. , hours of operation, days per week, amount of material processed, amount of material stored, potential amount of equipment and trucks to be stored, and in what manner (no junkyard) , etc. They can not be given carte blanche to operate in any manner they please, without having serious impacts on the community and environment. II. Reclamation Plan 1. The amount of usable open space lost due to the min „ti ____ property is half of the site, 57.7 acres of lakes to be Q >�j. , ,,,,��V ,r-- 2. Presently there are over 40 acres of trees on this si, a ht 5 1990 have not been identified by the applicant in any of them# material, this issue needs to be better addressed in tire"- - reclamation plan. 616 gp, Pthn hp aline, 22 South 4th Avenue - Brighton, Colorado 80601 - [3031 659-4050 3. Why is the only viable and acceptable reclamation of this property to be grazing lands, as suggested by the applicant. Why can't we consider it for a wildlife/recreational open space amenity and increase the reclaimed acreage substantially. 4. Replacement of destroyed trees with 1" to 1 1/2" caliper trees would only be acceptable if a number of the smaller trees were planted for each mature tree destroyed. This does not even begin to replace the thick groves of 100 yr. old trees. How many trees are being lost? 5. Staging of reclamation is not clear and not sufficient. What can possibly be done with the meager amount of money proposed for reclamation? This can not begin to replace the lost amenities of such a natural environment. III. Monitoring 1. Is the monitoring of groundwater levels, as proposed adequate? 2. How were the determinations on groundwater impacts made and what mitigation will be done, if impacts are greater than anticipated? 3. Is the proposed 100 foot setback to maintain the "integrity of the South Platte River adequate for this purpose? 4. Has the water quality statements and no need for NPDES permit statement been verified? IV. Urban Drainage Master Plan 1. How does this proposal effect the Drainage Master Plan for Lupton Dottms Ditch and the Platte River ? 2. We do not consider a 100 foot setback from the Platte River in this area to be acceptable, aesthetically or environmentally. V. Traffic Impact Analysis 1. Twenty-five ton trucks on two lane rural roads will cause rapid deterioration of these roadways, which were not built to industrial road standards. 2- �a_. .01--3� 2. The traffic impact analysis is inadequate to assess the impact of this proposal. The objective of a traffic impact analysis is to determine the cost incurred for system improvements due to the impact of new development. The total number of vehicle trips per day by trucks, together with employee traffic, other equipment, delivery of supplies, etc. needs to be quantified to determine the total vehicle trips annually on the local road system and the need for roadway improvements for impacts generated by this proposed use in this location, which are necessary to make it a safe operation. Additionally, it is a City Land Use Policy, as stated in the Comprehensive Plan, to restrict infill or replacement development to land uses which demonstrate compatibility with and sensitivity to existing neighborhoods, in terms of use, quality, density, building height, placement, scale, landscaping and architectural character. The present condition of this site, as viewed by staff in field surveys, is open, green with substantial groves of mature trees and extensive wildlife activity. This proposal would destroy the area for any future use, taking away acres of prime future open space. The Brighton Comprehensive Land Use Plan calls for this area to be low density residential development and large open space areas. It also, states the need for greenbelt trails connecting Brighton and other Weld County communities with the natural amenities along the Platte River. The proliferation of such operations as this proposal is totally incompatible with the intended use and potential for this area. This type of pit mining operation adversely impacts all the joint planning efforts currently underway to bring upscale positive development into the area. It adversely impacts the aesthetic, semi-agricultural, tree-lined nature of the Platte Valley and destroys the usability of this site, unless adequate reclamation is required. If, the County allows aesthetically pleasing areas such as this to be totally destroyed without proper reclamation, then Weld County will lack the aesthetic environment necessary to attract upscale development, expected to be generated by the new international airport. We, therefore recommend the following minimum conditions be met before serious consideration of this proposal can be acceptable: 1. Reclamation of the area as wildlife/recreational open space should be considered and should be more extensive with more restoration and conservation of trees required. 2. There should be wider setbacks along the Platte River, between the mining operation and identified wildlife habitats. 3. Wider open space easements should be required along the drainageways. 4. The extent of the permit must be better pinpointed and limited to allow for reclamation and use of public open space to commence in a more timely fashion. The possible twenty year plus duration of the requested conditional use permit is unacceptable. 9:.0067?# -3- 5. Questions raised from review of the existing proposal should be adequately addressed. If these conditions can adequately be met, then we would have no problem in recommending approval of this proposal. Thank you for your cooperation in this matter. If, you should have any questions, concerning this response or need any additional information, please feel free to contact this office at any time. Sincerely, an J. Naz o, Associa C' p Planner 91.01;f3� -4- My name is Ramona Mecillas, I am one of the spokespersons for the Community of Wattenberg. I am here to present the Weld County Commissioners and the Weld County Planning Commission with a letter listing our grave concerns regarding the Request of Asphalt Paving Company for a Site Specific Development Plan and Special Review Permit for open pit mining and minerals processing in the A Zone District. We also have a petition with the signatures of Mq citizens who strongly oppose this permit. We would like the Weld County Planning Commissioners and the Weld County Planning Commission to reject Asphalt Paving Company's request for the permit. In the event, after public review, that the permit is approved, we request that the Weld County Commissioners and its Planning Commission assure the Community of Wattenberg that: 1. The water available for domestic consumption will not be reduced; 2 . Wattenberg's existing and future water supply will not be contaminated; 3 . The health and safety of the citizens of Wattenberg will not be affected by noise and dust pollution; 4 . The health and safety of the citizens of Wattenberg will not be affected by the increasing volume of heavy mining- oriented truck traffic and that there will not be any danger of increasing the frequency and severity of accidents to residents within the immediate proposed site. 5 . Alternate sites for the open pit mining and minerals processing operation have been explored which would alleviate the concerns raised in 1 through 4 , above. If these assurances cannot be met, the permit clearly should be rejected. l" no DATE: August 21, 1990 TO: Weld County Commissioners and Weld County Planning Commission FROM: Citizens of Wattenberg and The Wattenberg Improvement Association REFERENCE: Request of Asphalt Paving Company for a Site Specific Development Plan and Special Review Permit for open pit mining and minerals processing in the A Zone District (Case No. USR-921) The Citizens of Wattenberg and the Wattenberg Improvement Association hereby formally give notice to the Weld County Commissioners and the Weld County Planning Commission that we oppose the request of Asphalt Paving Company for a Site Specific Development Plan and Special Review Permit for open pit mining and minerals processing (Part of the NE1/4 of Section 25, T1N, R67W of the 6th P.M. , Weld County, Colorado) . The basis of our opposition is that operation of such mining and minerals processing activities in the named zone clearly represent a threat to the immediate and long-term health, safety and general property interests of resident citizens . The burden and harm to citizens ' health, safety and property clearly outweigh the proprietary interests of the Petitioner (Asphalt Paving Company) . More specifically, we assert that, based on the proximity of the proposed plan, operation of the solicited open pit mining and materials processing will, without evidence to the contrary, have the following effect: 1. Reduce the amount of water available for domestic consumption, thereby adversely and unjustly favor commercial use of Wattenberg's water supply over domestic use. 2 . Contaminate Wattenberg's existing and future water supply, thereby endangering the health and safety of the citizens of Wattenberg. 3. Create a clear and present danger to the health and safety of the citizens of Wattenberg by increasing dust and noise pollution. 4 . Create a clear and present danger to the health and safety of the citizens of Wattenberg by increasing the volume of heavy mining-oriented truck traffic on routes which they now and in the future cannot sustain; such increased heavy vehicle traffic commensurately will increase the frequency and severity of accidents to residents within the immediate proposed site. 91.00-S2 Further, there is a less burdensome means available to meet any interests Asphalt Paving Company and Weld County may have in consenting to the operation of the proposed mining and minerals processing activities, namely that the operation be located in a more isolated site which does not pose such an evident threat to the health, safety and property interests of the citizens of Wattenberg. For the reasons cited above, we the citizens of Wattenberg, and those represented by the Wattenberg Improvement Association, request that the Weld County Planning Commission and the County Commissioners deny Asphalt Paving Company's request for the subject Site Specific Development Plan and Special Review Permit for open pit mining and minerals processing in the named zone of Weld County. If you need additional information please contract, Mr. Frank Galicia, Vice-President, Wattenberg Improvement Association, 1924 Caroline Avenue, Fort Lupton, Colorado 80621. He may be reached at 303-659-1924 . Attachment (Citizens ' Petition) k91.019, PETITION The undersigned hereby petition the Weld County Commissioners and Weld County Planning Commission to deny the application of Asphalt Paving Company to conduct open pit mining and minerals processing in the named A Zone District, Weld County 1 . aNAME ADDRESS PHONE 2e4-1 se-Z- /‘id /1.4,1627 A Ar-ISS/ 2 . 7claci, ,Sdcc�� /$a5/asui�Ace_ ‘s4-/fic/ 4 . ,- 8 5 . � k \,�r\c“\ku l q l (O odkcir4 at) 7 . /947 & v — 8 . --� Lilo/ (0 MaCALO /I —7 rid il` i - 9 Iv 10 . - 7 of) O --/-y2e,Ocf /'317 C-4 ci c_P CI F 11 . , -y.,....4i /c -7c Cato /b--; ,_. Ci c. 12 . f/! ig-6- ��// r73 'Pa �# p9 14 . . . U �� _ 4,59-1/. R.5 15 . OS 6S-7—II er 16 . Ala 6-t 015 MAlz.5 Ave._ y Lsq, ant 17 . `04....�-e es, 141.5 mau, clad /059-Ltso i 19 . joC.4. Can (� /9/1" Mord /toe 6.1-9 -41,50/2 0 . l �l`�1� ��11L�i �Q C-3 -iill. L A LW 91.016 PETITION The undersigned hereby petition the Weld County Commissioners and Weld County Planning Commission to deny the application of Asphalt Paving Company to conduct open pit mining and minerals processing in the named A Zone District, Weld County ADDRESS PHONE N r 3. a ,7tvv a y6 iv in 4 y nar //=T. &„„70,( 5. Avrt.cR.) C;a4ta/ni,cda. IR6s- it lan,3 cube . 4I f et, e06 Z/ �-�-� 0 6 . ( �'�- 1 �i1 a/,,,..c..-4„-. tie./S /J?Q r y Ave_ k 7,,,,,-In, c o. y 04 2/ 7 . 7.-A/111fiC/�Qs''� l V-xhr-frwe,v gat fT A t y2A3/7 S'0 61/ 8 . x_,.,---X-Cr, /2y�f- n14� y 1/0/J0 r t ( u pte '1 g 0 6;-z ) 9 . ri ZJ �� S_ / �. 4 DGJ-/ (�E�� x�/ �o 10. �/�// - / � 11. (g c�-000c ...)/t2A-42) /,7 9a 217G/I� -c c¢ ��eGcteail r6.86"/ 12 . ci=S t Aneitot tAS Qi U-0,14 4A /-79 C n/a�00, y ti c-, fa--L41-'-G��-,.r &Of" 13 . �-eie,/d"-- �� el �- 4995 7174-V ail rya- t�alb a C6/166Q 14 . C sPY ./ - 1 a 2A i -��/� S � 6Wag/7� . /7 U� - 0At) „( IDS 2 15 . r g oW 67y 213 16 . -'Steedaty -mead eiv - /17C ✓n et ry (We ti L✓Pf for X o 2-1 n 18 . `-cd a -1-t a---a, 1 7 15 m c_ y 4.c„, ( /- tiVwn q 64 3f 19 . `-.t ilh--Q-- brit-c . G1)_ACk..-3 l 7 Si S /3,h,, ,--v &Axe li �e/131io„<-4:4 63CI 20 . 6 CAI l Xn eoila u,,\ I -735- t Ytocr i 4_xi&_ W Alt n b.erig6&vazl 91 0062 PETITION The undersigned hereby petition the Weld County Commissioners and Weld County Planning Commission to deny the application of Asphalt Paving Company to conduct open pit mining and minerals processing in the named A Zone District, Weld County NAME / r ADDRESS PHONE � y 1 . 49,0,..4 -8�-.%+� /fen 4147 34 G E G s ' ii r0 r// � a-41. as?-777/ 77 6 . ,.� /99c >nate cuts.' dr?- 3 mss'1 n 1/4.98 j'V-eal*scl�f Sr. 6 . `_n.y..4o:nq,Q QSaSixvn 4S-I-15'3.6 7 . 9.25- - 7g-9 8 . � 0, s mand an . G651 - 4/57 9 . if?(24....L., //4 G/ Ed,.,a r.1 si' 6 s, - t 40.x-1 10 . erzav2eru Q.11a n.e_ ti 9 y 014,0 le44i, le S 9 -,(9Sl P' 11 . q a U 7/1/4730) ct,c2 6 6s9 - Sa6 9/ I 12 . g±,e). ,g IC IDS Mcu-lrf�'tJCo5ClGq-p 33`'�Co13 . . R no- marl III ce J L-z34Q 14 . -"Sr arjann,Ak l` qCi CD.s+s\isv& sit (95I -V9ele 15 . 7ca W V%ii e, Sw t A es-S � ® /5-2.1 00 x.)410 e -4 d. 6ilik-/?59" 16 . ` .4.Q'CJ ao. 1 l,-72/47A.ge". 1. �j S� v' O� , 17 . gotinocelain Si �J � //r�-��C3 at/ 18 . 773 devate e-OrW i ett. �06L-J 19 . reQ. 14tekteelet, l QOs iy1,ed, ai.0 5-9:///3'2 0 . r., /02cra t..40 in( kii¢b tit-C ( 91.096 PETITION The undersigned hereby petition the Weld County Commissioners and Weld County Planning Commission to deny the application of Asphalt Paving Company to conduct open pit mining and minerals processing in the named A Zone District, Weld County �j NAME ADDRESS PHONE 1 . bii�/< L'ar �//"ce�,�c r. / 7JbI',,,,v/,t, g , NA?.{,- 4),S -7"f (/7PSC% 2 . %I r (:.�i��r ..cryl-tr' /Yogi gi l ciar r,I, fie /7V P /"�-.1.4_, ito.. 1p Jr 7 - C 75O 3 . E,6� //✓ G 0t /1 D 7 r SIP v C 4 . ano �nRd y - ''awl 5 . et ax- ledlo 11 tAQN RUE, ("itoP4Dn 1•5940D.3 7 • / _ zatev_net2 fit,- /2/ G eira et 14-e- A-:9.e i-44,_ Co satp‘ i 8 . / we /�/ 1�IAn r ✓�f �6�tv f AYIJ • ?0‘2, -- 9 . 31,0/14:6-. 4 Co 10 . ��' i po / 706 '771 .� ��G� 11 . l 7 c5W1 12 . /G .S Ma e' PC G ¢a..o go, 2J s5-9-tas 13. 074%2/ 14 . 966 15 . atA/A- :e Akitit t, e- /‘ 7 a na.A.,-7 - 4\4Oc o -L FDA1 16 . 41273061 4e/i.►pA.a- 16 M X 4(.5t2os,, Moll 17 . 7 8064.6 . 18 . v Y( / 19 . 4404 20 . i,(4,1it ! 6 2-/ Cam,, Sol/44 644 yet. 901.®n stz PETITION The undersigned hereby petition the Weld County Commissioners and Weld County Planning Commission to deny the application of Asphalt Paving Company to conduct open pit mining and minerals processing in the named A Zone District, Weld County N ADDRESS PHONE 1 . —s 90 2 . (... (leri 6 A_ Aut..1.,,,ow n f Xtiotle434OCa 3 . .o /5-42o�c� b S CA e.F-vb� �l 66 0‘3Y 4 . ,9716\S' (.t.Q.a,vt c .M A 1 Cs' C 3 l._oLA- -tai--5" d�t�t f h ,S?/-4 L,30 5 . !Art .. :t . k�� /5 6 3 ea/Vert,/ v eat Ls volozi 6 . -4).4-46 leatti JS43 CAA, nwce- ,4 ei -e‘3, 7 . yeast-1,0 e,2•4•1-4--,/7/9 G'� aida SS/ - oi3Y 8 . 9 . ,Iy,.LCi., _e"e �J2m y C'A.+ag......w,-I atria /i,.9.4, L S7-Sti..S' 10 . ;IAA, A etasty�ta44.1 ? 5 l,( Omaha,ha,. ep t art,1c y is G.6.q--4/ `nt .I�..�Gfls.�2 1z . � �Oen.. C elf_ 1� ,�� a Ki 13 . �a,-I /g.3( -,--O,cvi Luce f"/etiw., e „,a,j `2 � j— :Q? y7 14 . g G s a- c 1 ;y c 41/g Fr L1110104/ h10104/ 4-C5-5S01; 15 . A,,IL7 I g-55 fh 4121 A`/Q Pi- Luattkii -(44 16 . to a.ti,'L(J ",---- l tS5 fitAel Ps\ - Vaup°r. atieb 17 . al Ae (14 f X 2q RS/ At/e FTGi/PTal/ ed-r-o.: 18 . 4.01914 I C( 29 M407 / TV l Tr r/107aGf/ cet6 19 . SvSScioZSonoS2C235 irSf� �\)Q, .1� eo t 4104 20 . autA e, f � !9 c s Nl2 Ave ra, l trr�oa co 91°062 PETITION The undersigned hereby petition the Weld County Commissioners and Weld County Planning Commission to deny the application of Asphalt Paving Company to conduct open pit mining and minerals processing in the named A Zone District, Weld County NAME ADDRESS PHONE 1 . ina/21:413.44 teni raei LI an_ T-4 • ii,)Titiq GI • Pe)- I 2 . M / 0205 Y9 9c..Jef.2- II ‘‘. .3 Lfmiss�' Li 4,v s} R.CufaosoaloGw 3 . ' � /WV Canlh A11� lq ZG��o-e, 4 . C1;7.7)4;444. o.1)4;44�2�1 Cu Q,Bom t{rJ g /l6 O 9 3112-ektek 0.---71' Stetn'i.> (6- 'Fe �6 W 5 . Mi('` '-�1 E. A 7 V J�f� (�� C ' %,c, -x A e �.c.��}.@a_�i`>(a:?I 'F 6 . 1!'c72 4.-A-",:t k-'a l l i i 64 r'il l ,,it, 4vr r' j. i „, ,-3 t,I ti._y . 806 2_, n Ok 8 . \ fluitQo_kAitt.C� .,a3- 1766 Mew/ G.0 S� ee , ,,eo. S,UG )1 9 . � tG � /'16J /`74-7 /ivr `*7,..�rvlaCe.�oi 806Z/ 10 . `irn ALP Q at/QIN-to- n 5S M nn 9 AA- R -it%pion OiN K Is a-1 11 . Ode D. ar�a I '7 SS May Ain't F71- ..f /Co �OI2I 12 . l (Sibiek C. Ii\n al 17 (0S TYIaf j roue ff-, ) `,,p1 dyti 8dge i 13 . WL.�G-r. �\ 0��" •J 1p7 6 s m a,� Oyu/ h-i. Lip(on) 8U�62 14 . l l �a��.ZLl�l6� 145 (� - A [� 8vcuou[. 15 . eit e ekto e6.54,7/0 //5.23 UCfl�l rtit m . \M gt-lam eOCDZ.t 16 . itiPit ✓eZ 20 GO I15 a3 0. UwA.n.". �I LI:abbe, 80641 17 * \--bliSc1\ VI-NOV c b Pet o N it\I k\\IF:a. F‘c. . `i c rspa 91SML.cd 18 . 19 . 20 . 91.0062 0 PETITION The undersigned hereby petition the Weld County Commissioners and Weld County Planning Commission to deny the application of Asphalt Paving Company to conduct open pit mining and minerals processing in the named A Zone District, Weld County NAME ADDRESS PHONE 1 . 6nnn LAn -Th.0)R. .} 11631 ,,QWcv4eak i p r Lp 6 f "32 6V 2 . 1 �4�\R©lo es.sNakv 4 Q�1 ' \-at.�,�p, <l o,K.SZ 5. ex�o for,66,, O /919 ecz 02_,/-7 L“pien go$2/ 6 . /7%O:/2.0-,2 // .5-39 JCc ck e<,e 7 . a v maidrnaz6 /9/3 daiz2-1 tie 40 (luP ,7214 2o6z/ 8 . ikilie/Ln-al >79 a-ra a a) 1X113 ezta tS,-a2 Q z 291 2,76z, 9 . 4.4-;c.,-rniett ?La y i 20 9 al-249-G1u !fie 72(,/, Ad; io . _fyl,voi meal, 9 l909 (,ail eo�4�r i Lftkgel 11 . 12 . 13. 14 . 15 . 16 . 17 . 18. 19 . 20 . 91.0962 PETITION The undersigned hereby petition the Weld County Commissioners and Weld County Planning Commission to deny the application of Asphalt Paving Company to conduct open pit mining and minerals processing in the named A Zone District, Weld County NNAME ADDRESS PHONE 1 . O �,. E 01&Leda,. 6 ;35 to ca.) i-,41.- S'T. G S `I . a-61 fl 2 . �cvyd _A 1,,, ii s to E'rJ4 �,�/5 i �‘sq-a O 7 / 3 . �-Pll �'ysRQ.Glt� ,��u� /J-tit/Zc. Q.[.K� (C�5"�'i- cf'1`V 4 . ot) Qora w a,pbrcaa /F96- QA-4‹ ee s7 -659 Py 5 . / - / y 6 . --f, _a:f�2 /9"ad �//W Act-e_ �iS'y-X*-- 7 . f a142.,:��ti��-� X) 3e 779 c:v jv e C 5`" -5z�� 8 . oirti,-6 P 4.2 a yu4fc{J. / ""'l.t uit (UAL ��1y 659- yz z iP 10 . AS,, Ailumancia_, 1995- inzi-if AUG. II L , G/t ‘59-ikri 11 . 12 . 13 . 14 . 15 . 16 . I 17 . 18 . 19 . 20 . Pi! dsp,, PETITION The undersigned hereby petition the Weld County Commissioners and Weld County Planning Commission to deny the application of Asphalt Paving Company to conduct open pit mining and minerals processing in the named A Zone District, Weld County NAME ADDRESS PHONE Cos9 ^ 8 413(c' 2 . eq Altd , 0.61AAJAa /93 (,mAa/,tidy-ivy-) X059-976 3 . 4 . 5 . 6 . 7 . 8 . 9 . 10 . 11 . 12 . 13 . 14 . 15 . 16 . 17 . 18 . 19 . 20 . 9 "3 �. ➢ CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in Case Number USR-921 for Asphalt Paving in the United States Mail, postage prepaid First Class Mail by postal card as addressed on the attached list. This 9 day of October, 1990. TO: SURROUNDING PROPERTY OWNERS OR OWNERS AND LESSEES OF MINERALS IN ACCORDANCE WITH WELD COUNTY'S NOTIFICATION REQUIREMENTS. The Weld County Planning Commission public hearing scheduled for Tuesday, August 21, 1990, at 1:30 p.m. , concerning the request of: CASE NUMBER: USR-921 APPLICANT: Asphalt Paving Company REQUEST: A Site Specific Development Plan and a Special Review permit for open pit mining and materials processing in the A (Agricultural) zone district. LEGAL: Part of the NE} of Section 25, T1N, R67W of the 6th P.M., Weld County, Colorado LOCATION: East of and adjacent to the unincorporated Town of Wattenberg; south of Weld County Road 6, approximately .25 miles west of Highway 85. HAS BEEN CONTINUED TO NOVEMBER 6, 1990, AT 1:30 P.M., in the County Commissioners Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado, For more information call Lanell J. Curry, Current Planner. WELD COUNTY DEPARTMENT OF PLANNING SERVICES 915 10th Street - Room 342 Greeley, CO 80631 Phone 356-4000, Ext. 4400 91.0062 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in Case Number USR-921 for Asphalt Paving in the United States Mail, postage prepaid First Class Mail by postal card as addressed on the attached list. this 24th day of October, 1990. i SECOND CONTINUANCE TO: SURROUNDING PROPERTY OWNERS OR OWNERS AND LESSEES OF MINERALS IN ACCORDANCE WITH WELD COUNTY'S NOTIFICATION REQUIREMENTS. The Weld County Planning Commission public hearing concerning the request of: CASE NUMBER: USR-921 APPLICANT: Asphalt Paving Company REQUEST: A Site Specific Development Plan and a Special Review permit for open pit mining and materials processing in the A (Agricultural) zone district. HAS BEEN CONTINUED TO NOVEMBER 20, 1990, AT 1:30 P.M., in the County Commissioners Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado, For more information call Lanell J. Curry, Current Planner. WELD COUNTY DEPARTMENT OF PLANNING SERVICES 915 10th Street - Room 342 Greeley, CO 80631 Phone 356-4000, Ext. 4400 91.0e62 Document Name: MAILING LIST, ASPHALT Requestor's ID: JO Author's Name: LANELL/dn Document Comments: USR-921 pa(( 1 0(9) Lib St— cp 4(i ( ss Rim c9- - at .2 SURROUNDING PROPERTY OWNERS ASPHALT PAVING COMPANY USR-921 Page 1 Martin and Evelyn S. Schmidt Donna C. Poulton 2291 Skeel Street Brighton, CO 80601 Victor and Susan Sailas Earl D. and Delisa D. Lathrop 1563 Carolina Avenue Fort Lupton, CO 80621 Wattenburg Import Car Assn. , Inc. c/o Grank Galicia, Treasurer 1924 Carolina Avenue Fort Lupton, CO 80621 Luisa V. Archuleta 1623 Carolina Avenue Fort Lupton, CO 80621 Antonia C. Giron Robert L. Giron 5 North Main Street Brighton, CO 80601 Joel Tafoya 1836 Mary Street Fort Lupton, CO 80621 Leopold, Jeanett, and Janet Herrera 1673 Carolina Avenue Fort Lupton, CO 80621 Elmira, Casias, and Genevieve Herrera 1673 Carolina Avenue Fort Lupton, CO 80621 James and Janet Sailas 1676 Carolina Avenue Fort Lupton, CO 80621 Richard and Julia Galicia 1886 Mary Street Fort Lupton, CO 80621 Chris and Maria L. Herrera c/o Thomas & Maria D. Lopez P.O. Box 78 Ft. Lupton, CO 80621 �� i `�➢ SURROUNDING PROPERTY OWNERS ASPHALT PAVING COMPANY USR-921 Page 2 Ernest R. and Vicki Sailas 1720 Caroline Avenue Fort Lupton, CO 80621 Juanita I. Uribe 1714 Caroline Avenue Fort Lupton, CO 80621 Ida L. Campuzano 1708 Caroline Avenue Fort Lupton, CO 80621 Raymond and Emerlinda Sailas 1695 Mary Avenue Fort Lupton, CO 80621 Jennie Sailas 1513 Carolina Avenue Fort Lupton, CO 80621 Manuel and Guillerma Sandoval 1705 mary Avenue Fort Lupton, CO 80621 Albert and Julia Mecillas 1725 Mary Avenue Fort Lupton, CO 80621 Tommy and Rachael DeHerrera 1738 Mary Avenue Fort Lupton, CO 80621 Elsie and Paul DeHerrera 1726 Mary Avenue Ft. Lupton, CO 80621 Socorro and Leopold G. Herrera 1716 Mary Avenue Fort Lupton, CO 80621 Antonio F. and Gloria Torres 1706 Mary Avenue Fort Lupton, CO 80621 John M. Navarro 4315 Steel Denver, CO 80202 .9.1.0082 SURROUNDING PROPERTY OWNERS ASPHALT PAVING COMPANY USR-921 Page 3 Genevieve Adams 1774 Caroline Avenue Fort Lupton, CO 80621 Florence Martinez Fontes 1770 Caroline Avenue Fort Lupton, CO 80621 Julian and Debra Martinez 11595 Julius Street Fort Lupton, CO 80621 Juan and Carmen Mecillas 1775 Mary Avenue Fort Lupton, CO 80621 Guadalupe, Jr. , and Obdulia Guerra 1795 Mary Avemie Fort Lupton, CO 80621 Temo and Angela Martinez 1765 Mary Avenue Fort Lupton, CO 80621 Tony D. and Jennie Alatore 1786 Mary Avenue Fort Lupton, CO 80621 Henrietta Alatore 1786 Mary Avenue Fort Lupton, CO 80621 Francis Santistevan 1864 Caroline Avenue Fort Lupton, CO 80621 Arturo and Annie De Herrera 11522 Weld County Road 6 Fort Lupton, CO 80621 Resident 1814 Caroline Avenue Fort Lupton, CO 80621 Ernie Ryberg 17843 Weld County Road 6 Brighton, CO 80601 91.0%2 SURROUNDING PROPERTY OWNERS ASPHALT PAVING COMPANY USR-921 Page 4 Arthur and David Chavez Antonia M. Sanchez 1829 Mary Avenue Fort Lupton, CO 80621 Monte D. and Edith V. Benson 7785 Turner Drive Denver, CO 80216 Frank E. and Marcella Galicia 1924 Caroline Avenue Fort Lupton, CO 80621 Chris and Maria L. Herrera 11604 Julius Street Fort Lupton, CO 80621 Joseph D. and Elmire E. Herrera c/o Thomas and Maria D. Lopez P.O. Box 78 Ft. Lupton, CO 80621 Dan and Eva Herrera P.O. Box 405 Santa Cruz, NM 87567 Jose B. and Elvira O. Benavidez 11609 Frerick Street Fort Lupton, CO 80621 Heirs of Candelario Galicia 1906 Mary Avenue Fort Lupton, CO 80621 Arturo Chavez Antonia M. Sanchez 1935 Mary Avenue Fort Lupton, CO 80621 Ramona Galicia 1905 Mary Avenue Fort Lupton, CO 80621 Richard Trujillo Bertha B. Acosta 1895 Mary Avenue Fort Lupton, CO 80621 0111032 SURROUNDING PROPERTY OWNERS ASPHALT PAVING COMPANY USR-921 Page 5 John C. and Susana Barber 435 Violas Drive Brighton, CO 80601 Samuel R. and Rachel D. Sandoval 1930 Mary Avenue Fort Lupton, CO 80621 Margarito and Anita Navarro 1906 Mary Avenue Fort Lupton, CO 80621 Richard and Julia M. Galicia 1886 Mary Avenue Fort Lupton, CO 80621 Annie Castaneda 1865 Mary Avenue Fort Lupton, CO 80621 Stephen E. and Rebecca Aerts 257 3rd Street Fort Lupton, CO 80621 Charles and Rosalia Galicia 1836 Mary Street Fort Lupton, cO 80621 Norman E. and Linda S. Lacoe 1826 Mary Street Fort Lupton, CO 80621 Steve Aerts c/o Hector J. and Candelaria Delatorre 11688 Fedrick Avenue Fort Lupton, CO 80621 Rumaldo and Rebecca Pino 1917 Grace Avenue Fort Lupton, CO 80621 Irene Pino c/o Diane Saureda 1103 Shortline Drive Fort Lupton, CO 80621 91.09132 SURROUNDING PROPERTY OWNERS ASPHALT PAVING COMPANY USR-921 Page 6 Mary F. and Dora Ortega 1897 Grace Avenue Fort Lupton, CO 80621 Peggy Hernandez Mary Salazar 1887 Grace Avenue Fort Lupton, CO 80621 91_0062 Frank and Marbella N. Hernandez 1945 Mary Avenue Fort Lupton, CO 80621 Esther and Amastacio Rodriguez 1965 Mary Avenue Fort Lupton, CO 80621 Joseph K. and Romona Avina 275 North 12th Avenue Brighton, CO 80601 Richard J. and Alma L. Trujillo 1964 Carolina Fort Lupton, CO 80621 Archdiocese of Denver c/o Casey Kiene and Horan 605 Symes Boulevard Denver, CO 80202 Richard Hernandez 1926 Grace Avenue Fort Lupton, CO 80621 Insilco Corporation P.O. Box 59140 Minneapolis, MN 55440 Jim and Tina Hernandez 1926 Grace Avenue Fort Lupton, CO 80621 Philip Daily 209 North Kuner Road Brighton, CO 80601 96032 SURROUNDING PROPERTY OWNERS ASPHALT PAVING COMPANY USR-921 Page 7 Monte D. and Edith V. Benson Peggy L. Chambers 7785 Turner Drive Denver, CO 80221 Laura M. Knapp 1206 Weld County Road 23-3/4 Brighton, CO 80601 George W. Stiber 11553 Weld County Road 6 Fort Lupton, CO 80621 Frank Damiana Donald L, and Suzanne Rittenhouse Route 1, Box 113-A Moore, ID 83255 Mortenson Broadcasting Company 333 West Vine Street, Suite 200 Lexington, KY 40507 Laura Knapp Janice E. Dersham 1206 Weld County Road Road 23-3/4 Brighton, CO 80601 Dennis B. Calahan, Trustee 1655 Grant Street Denver, CO 80203 C & M Ready Mix Concrete Company 7916 Niwot Road P.O. Box 4901 Niwot, CO 80544 Edward D. Perry 141 Kiely Boulevard Santa Clara, CA 95051 Barrett Energy Company Denver National Bank building 1125 17th Street, Suite 2100 Denver, CO 80202 SURROUNDING PROPERTY OWNERS ASPHALT PAVING COMPANY USR-921 Page 8 Arthur Chavez Arturo Ortiz 1855 Mary Avenue Fort Lupton, CO 80621 Art and Elsie DeHerrera 1736 Mary Avenue Ft. Lupton, CO 80621 91.®432 TUTTLE APPLEGATE , INC . 11990 GRANT STREET := SUITE 410 _ DENVER , COLORADO 80233 (303 ) 452 - 6611 LETTER OF TRANSMITTAL TO Weld (n«utfy DATE /0ti / 7° JOB NO. 9.0 /1/0fruc 01772 . I P/4'11419_� S-ei ite a ATTN / a n e' c�,� re-' 975 to ��'�ree RE Pear � 11rf Weil pi(7c De, I ktn,tfinfri efl_ L U 0��31 � yLe rot IL WE XliE SENDING YOU THE FOLLOWING ITEMS ❑ ATTACHED ❑ UNDER SEPARATE COVER ❑ PRINTS ❑PLANS ❑SPECIFICATIONS ❑ COPY OF LETTER ❑ RECORDING MVLARS ;et rersrf NO. COPIES DATED SHEET NO. DESCRIPTION t o/1° ----- Pm'y 19171 Cue let n ci s Cac. h l'I iz o iInd to THESE ARE TRANSMITTED )2I FOR YOUR USE APPROVED AS NOTED ❑ FOR APPROVAL ❑ DRAWINGS RETURNED AFTER LOANED TO US ❑ OTHER REMARKS COPY TO SIGNED \AAS-4-1 vs2 PERRY PIT WETLANDS DELINEATON WELD COUNTY, COLORADO OCTOBER 1990 � T Consultants R E APPLEGATE INC. t 11990 Grant Street, Suite 410 Denver, Colorado 80233 (303)452-6611 PERRY PIT WETLANDS DELINEATION for U. S. ARHY CORPS OF ENGINEERS Applicant: Asphalt Paving Co. 14802 West 44th Street Golden, Colorado 80403 ( 303 ) 279-6611 Prepared by: TUTTLE APPLEGATE, INC. 11990 Grant Street Suite 410 Denver, Colorado 80233 ( 303 ) 452-6611 90-140WC October, 1990 INTRODUCTION The study area is situated north of State Highway 85 and west of Weld County Road 6 and is adjacent to the Town of Wattenberg, Colorado ( See Figure 1 ) . The site consists of 117 . 61 acres and is relatively flat with some areas of depression. Initially, the site was farmed and later used for pastureland. Presently, the study area has no dedicated land use and has been this way for 10 + years. Two water courses, the South Platte River and the Lupton Bottoms Ditch bisect the property and support a riparian habitat. A house , mobile home, dirt road, gas well, and gas well support facilities are also present on-site and are located in the northeast portion of the property (See Figure 2 ) . OBJECTIVE The purpose of this project is to locate the wetlands within the property. The data collected on-site and from other sources will be used to determine whether wetlands are present within the study area. To achieve this objective the following methodology was implemented. METHODOLOGY A field investigation was conducted on September 10, 1990 whereby wetlands were located (See Figure 2 ) . The wetlands were established through the Plant Community Assessment Procedure as documented in the "Federal Manual for Identifying and Delineating Jurisdictional Wetlands, 1989" . A complete overview of the property was conducted whereby vegetation community types were noted and representative observation areas selected (See Figure 2 ) . Within the plant community types dominant plant species were visually estimated for each vegetation stratum. The plant layers include trees, saplings , shrubs, and herbs. The indicator status, Obligate Wetland plant (OBL) , Facultative Wetlands plants (FACW) , or Facultative plants (FAC ) , was established for each dominant plant species (See Apendix ) . Soils within the wetland areas appeared to be chocolate brown in color and contained amounts of organic matter. These soils were not mottled or gleyed. Soils were also observed in the non-wetland areas and consisted of medium brown silty sand mineral soils. 91.0082 Within the observation areas there was no evidence of hydrologic indicators . This may be the result of the Chatfield and Bear Creek dams being built which reduced the peak volume of water in the South Platte River. It is likely that low laying areas on-site are inundated with water during heavy rains and from snow melt. The length of time these depressions would be inundated is unknown. Using the vegetation, soil, and an aerial photograph wetland delineations were established and vegetation community boundary finalized (See Figure 2 ) . WETLAND DELINEATION SURVEY Five vegetative communities were identified during the field survey (See Figure 2 ) . Four of the plant communities were determined wetlands based on the presence of hydophytic vegetation, hydric soil , and wetland hydrology. The fifth community was classified non-wetlands due to the presence of obligate upland plants and silty sand soils and the absence of wetland hydrology. Characteristics of the five communities are summarized below. Vegetation Community 1 : Harsh (Wetland) - This community consists of a cattail marsh that is located in the southwest portion of the site . The area is inundated with water year round and is dominated by cattails (Typha latifolia ) , an Obligate Wetland plant (OBL) . Vegetation Community 2 : Wet Lowland (Wetland) - Wet lowlands are present in the northwest section of the area surveyed. These areas are found where lowland depressions exist and where water may collect temporarily. The vegetation consists of FAC species including Saltgrass (Distichlis spicata) . Vegetation Community 3: Riparian Habitat (Wetland) - This community was found adjacent to the Lupton Bottoms Ditch . The dominant plants were classified as OBL and FAC species . The dominant species included Saltgrass (Distichlis spicata) and Plains Cottonwood (Populas sargentii ) . Vegetation Community 4: Meadow (Wetland) - These areas consist of low-lying meadow areas containing a variety of herbs. The majority of the plant species are FAC or FACW and include Saltgrass (Distichhs spicata ) and Curly Dock (Rumex crispus ) . Vegetation Community 5: Upland Area (Non-Wetland) - This community is the largest on the site and can be found on both sides of the Lupton Bottoms Ditch. This community is overwhelmed and consists mainly of Bull Thistle (Cirsium vulgare ) , Field Thistle (Cisium arvense ) , and Japanese Brome (Bromus iaponicus) . FiGIA , CONCLUSION From the field survey, wetland/non-wetland boundaries and wetland communities were delineated. The data to formulate and finalize these boundaries include the site ' s vegetation, soil, hydrology, and aerial photography. REFERENCES Federal Interagency Committee for Wetland Delineation. 1989 . Federal Manual for Identifying and Delineating Jurisdictional Wetlands . U. S . Army Corps of Engineers, U. S . Environmental Protection Agency, U. S . Fish and Wildlife Service , and U. S . D. A. Soil Conservation Service, Washington, D . C . Cooperative technical publication. 76 pp. plus appendices. Harrington, H. D . , 1964 . Manual of the Plants of Colorado, The Swallow Press Incorporated, Chicago , Illinois . Reed, Porter B . Jr. , 1988 . National List of Plant Species That Occur in Wetlands : 1988 Colorado, NERC-88/18 . 06 , May 1988, National Wetlands Inventory, U. S . Fish and Wildlife Service , St. Petersburg , Florida . Weber, William A. , 1976 . Rocky Mountain Flora, Colorado Associated University Press, Boulder, Colorado. 91.0082 FIGURE 1 it 3 MILES TO _ FT. LUPTON .' L__Il_7; o' a. �o •if V:- - _. .1231 • I\ II 1935 i BM __ — _•L .aloes � � 4 ,. •• .C )�� " i • 1,=. i •'e1 .9.5 / I . , ; 11'\ ( ) 1 ,'-:4:, . ••. U � � } a , \ SITEli > � J 95. wE • D. ^� _ . � ` • 4 ISM CONCRET =I� )- I L TE A EY PI .\.\ • t -� •• \ a. M �� t - � V � 1 • !, ,. 0 . fill 1 444 _- • .• l II /f fl , i . aF 19.0 i el ,.•.� ....• w»• Si Si VICINITY MAP (11) • SCALE NORTH .91.0013?) • � �,5 I- Qcc .$- cr iii c a a. 0 it CC C 0 � • z O �- u. F' >• o . r. o WCC J >> II a 1 1 I ti x ii ,,---- , wQ 1� � I z aania a al ,a s g W --'-'''',.........,.., • WiiIN ., ei _ _ ci, -_, , _-__I ____ __---7—.7_2 y- ',AZ'S,. —— — g co ..4- UN $ 1 11 i . iz i3 oa.... _ o o. CO. .. on tau.. i K /pia„/,, �u/� �•� /��/ te t f4- / gt 11 • t, f -'-i . a -- ,, o �o�/ ® o • ?tro f 0 u I/ di `" f� z ill 4. '/.�' i ,IN� I If 0 •R A 0 APPENDIX FIELD SURVEY DATA SHEETS 91.0062 DATA FORM ROUTINE ONSITE DETERMINATION METHOD' / Field Investigator,(4): riirify laHir- Date: 1 PO /90 Project/Site: I- State: es ID County: 1,d)))eld Applicant/Owner:A-Kr"/l" rst k/nil r0 . Plant Community+1/Name: liri Note: If a more detailed site description Ts necessary,use the back of data form or a field notebook. Do normal environTental conditions exist at the plant community? Yes _No ✓ (If no,explain on back) 5.9.-e_ r.e.-po r} Has the vegetation, soils,and/or hydrology been significantly disturbed? Yes ✓ No (If yes,explain on back) Se-e— ter avt- VEGETATION Indicator Indicator Dominant Plant Species Status Stratum Dominant Plant Species Status Stratum 0‘VO 1. Thr AA, /az& OA° rated F-,4c H 11. (-20%) 2. P; -l-;rh ;lic sr cam. F4c- � 12. Ej 25N, 3, airs(urv7 ✓ul1are MPG- 13. 4tio 4. nenUMera_ cne 90.;keg UPL 1-I 14. C2_40 )5. C.;rsiusn etrv,evk sc. 'CPL —et— 15. 6. 16. 7. 17. 8. 18. 9. 19. 10. 20. Percent of dominant species that are OBL, FACW,and/or FAC 35'iD Is the hydrophyyltic vegetation criterion,met?,� Yes No „.3 / Rationale: 7-2/1.-..s Ant rvt eel' H yaro l i ci4,r_l/rw hb ii r rt. Yeri'o vt SOILS Series/phase: Subgroup:2 Is the soil on the hydric soils list? Yes_ No Undetermined Is the soil a Histosol? Yes_ No_Histic epipedon present? Yes_ No Is the soil: Mottled? Yes_ No Gleyed? Yea_ No Matrix Color: Mottle Colors: Other hydric soil indicators: Is the hydric soil criterion met? Yes_ No_ Rationale: HYDROLOGY Is the ground surface inundated? Yes_ No_ Surface water depth: Is the soil saturated? Yes No Depth to free-standing water In pit/soil probe hole: List other field evidence of surface inundation or soil saturation. Is the wetland hydrology criterion met? Yes_ No Rationale: JURISDICTIONAL DETERMINATION AND RATIONALE Is the plant community a wetland? Yea No Ratio ale for juri dictionaldecisiioon: nr�n�l`rasa ([�G�P�a^fi1�M S0i! ri L�rP��aHC� I This data form can be u�Hydric Soil Assessment Procedure and the Plant Community Assessment Procedure. 2 Classification according to'Soil Taxonomy.' B-2 ..,r 9.. . 0t' 2 DATA FORM ROUTINE/ONSITE DETERMINATION METHODI q Field Project/Site: y, Cry Date: ( ' �0 I a ProjecVShe: ff-t��✓✓ � State: Lv� County: Weil Applicant/Owner: frexr 9 ii-- Pa Vin., (.O Plant Community eMame: 41-2- Note: K a more detailed site description is necessary,use the back of data form or a field notebook. Do normal environmantal conditions exist at the plant community? Yes No ✓ (If no,explain on back) S.c.e_ r c-p o r i- Has the� y etation,soils,and/or hydrology been significantly disturbed? Yes—No_(K yes,explain on back) �- ✓e_po ri- VEGETATION Indicator Indicator Dominant Plant Species Status Stratum Dominant Plant Species Status Stratum (lo%,)1 PovhA/ctter O/eracea FAc- H 11. Oo^ , pis-flc-JIBS Sp,eco..fq VAS ii-l• 12. logo . F nn;IY - RrnSSe(ateas Mel _d__ 1a fret f . PeiINeit_ r rrisen'S rActy 14 14. 50O. Cyr»e.s/Bromust&rfuca) Ac.. H 15. 6, nr Morrie w, 16. 00yj, r.on valve,i .fs arvows [APL H 17. 8. 18. 9. 19. 10. 20. Percent of dominant spaces that are OBL, FACW,and/or FAC 13O10 Is the hydrophytic vegetalion critmion met? Yes ✓ No ' Rationale: Mr, file- H tiro`oApt/c u-c,t n film enkna SOILS \ Series/phase. Subgroup:2 Is the soil on the hydric soils list? Yes No Undetermined Is the soil a Histosol? Yes_ No Histic epipedon present? Yes_ No bathe soil: Mottled? Yes_ No_(hayed? Yes_ No Matrix Color: Mottle Colors: Other hydric soil indicators: Is the hydric soil criterion met? Yes No Rationale: HYDROLOGY Is the ground surface inundated? Yes No_ Surface water depth: Is the soil saturated? Yes_ No_ Depth to free-standing water in pit/soil probe hole: List other flak!evidence of surface inundation or soil saturation. Is the wetland hydrology criterion met? Yes No Rationale: JURISDICTIONAL DETERMINATION AND RATIONALE Is the plant community a wetland? Yes_� No Rationale for jurisdictional decision: Meefs 4-Gree tautf1-4—nrta 1 This data form can be used for the Hydric Soil Assessment Procedure and the Plant Community Assessment Procedure. 2 Classification according to"Soil Taxonomy." ( B-2 DATA FORM ROUTINE ONSITE DETERMINATION METHODI Field Investigator(M: hv 711-4-c � Date: et I I0 / 4 D Project/Site: t� y, P% State: C� Cou ty: (ale( Applicant/Owner: A��ti a-4. �a✓th din• Plant Community 1/Name: I". Note: If a more detailed site description irnecessary, use the back of data form or a field notebook. Do normal environmental conditions exist at the_plant community? Yes No ✓ (11 no,explain on back) v e p ov+- Has the vegetation,soils,and/or hydrology been significantly disturbed? Yes_No (If yes,explain on back) Sec-c- v err•t- . VEGETATION Indicator Indicator Dominant Plant Species Status Stratum Dominant Plant Species Status Stratum SY 1, KAketG1C r s rArb✓ H 11. cc".2. FlyrNuct BreavuA 'erfuca., nat. +O 12. 3. or H OF-detain ;=hat 13. 26,84, Ocnntberw c. H 14. tots. r-^rdari eulaYPns 14PL _I — 15. 10%6. f= it 3a, ma vtAkinre UPS hf 16. 7. 17. 8. 18. 9. 19. 10. 20. Percent of dominant species that are OBL, FACW,anchor FAC S5 ale Is the hydrophylp evegetation criteriop mgt? . Yes ✓ e o� Rationale: M�Njj C tt�t tN9LTQ-��n e r� SOILS Series/phase: Subgroup:2 Is the soil on the hydric soils list? Yes_ No Undetermined Is the soil a Histosol? Yes_ No Histic epipedon present? Yes_ No lathe soil: Mottled? Yes No_Gleyed? Yes_ No Matrix Color: Mottle Colors: Other hydric soil indicators: Is the hydric soil criterion met? Yes_ No_ Rationale: HYDROLOGY Is the ground surface inundated? Yes_ No_ Surface water depth: Is the soil saturated? Yes No Depth to free-standing water in pit/soil probe hole: List other field evidence of surface inundation or soil saturation.. Is the wetland hydrology criterion met? Yes No ✓ Rationale: soils avid V -eblet en-rdn1or dmearrnf Atc - Grr7„tet—a- JURISDICTIONAL DETERMINATION AND RATIONALE Is the plant community a wetland? Yes_ No_ Rationale for jurisdictional decision: I This data form can be used for the Hydric Soil Assessment Procedure and the Plant Community Assessment Procedure. 2 Classification according to*Soil Taxonomy.' B-2 DATA FORM ROUTINE ONSITE DETERMINATION METHODI Field Investigator(s): Cirri Ili kik- Date: to 4a Project/Site: tar try , State: CA' County: tale(4 ApplicanUOwner. At ha If Pa win, (n. Plant Community MMame.#Lit Note: If a more detailed site description is necessary,use the back of data form or a field notebook. Do normal environrtyehtal conditions exist at the plant community? Yes No ✓ (If no,explain on back) repor}- Has the Vegetation,soils,and/or hydrology been significantldisturbed? Yes_✓ No_(H yes,explain on back) cycee. ve por{- VEGETATION Indicator Indicator Dominant Plant Species Status Stratum Dominant Plant Species Status Stratum f6°ro1. nano-there' eaes a 0. UjDL H 11. 109,2. 4sler erico;del (.1 PL- tf 12. 143, Eirtu Si animas) F-Sciare. F;4L Is ff 13. 4. ne 14.6rclekwi P,4-W _I— 14. I Prorvtus ?trawl/tax tAPL /-f 15. 6. 16. 7. 17. 6. 16. 9. 19. 10. 20. Percent of dominant species that are OBL, FACW,an /or FAC ?O% Is the hydrophytic vegetation criterion met? Yes ✓ No Rationale: H.tsa rn1 SOILS Series/phase. Subgroup:2 Is the soil on the hydric soils list? Yes No Undetermined Is the soil a Histosol? Yes_ No_Histic epipedon present? Yes_ No Is the soil: Mottled? Yes_ No_Gleyed? Yes_ No Matrix Color: Mottle Colors: Other hydric soil indicators: Is the hydric soil criterion met? Yes No_ Rationale: HYDROLOGY Is the ground surface inundated? Yes_ No Surface water depth: b the soil saturated? Yes No Depth to free-standing water in pit/soil probe hole: List other field evidence of surface inundation or soil saturation. Is the wetland hydrology criterion met? ,Yes_ No_ Rationale:_ JURISDICTIONAL DETERMINATION AND RATIONALE Is the plant community a wetland? Yes No Rationale for jurisdictional decision: fir„ < iu1 In? HAL-LA l7 y � I This data form can be used for the Hydric Soil Assessment Procedure and the Plant Community Assessment Procedure. 2 Classification according to'Soil Taxonomy.' B-2 • ei. "343'a.;... DATA FORM ROUTINE ONSITE DETERMINATION METHODI Field Investigator(s): Gfa r y f ti �� Date: � ' 101110 Project/Site: fr rra f%T State: / O County: W�l Applicant/Owner. If 1-8-14.111 Co • Plant Community 8/Name: #S Note: If a more detai ed site description is necessary, use the back of data form or a field notebook. Do normal environmental conditions exist at the plant community? Yes _No ✓ (If no,explain on back) See- vcpo r t Has the vegetation,soils, and/or hydrology been significantly disturbed? Yes_✓ No_(If yes,explain on back) <>4i rep of f VEGETATION Indicator Indicator Dominant Plant Species Status Stratum Dominant Plant Species Status Stratum 1. Bronew S Jar-lieu Un- tt 11. 2. 12. 3. 13. 4. 14. 5. 15. 6. 16. 7. 17. 8. 18. 9. 19. 10. 20. Percent of dominant species that are OBL, FACW, and/or FAC O% Is the hydrophyt'ic vegetation criterion met? Yes No Rationale: ( e s hef /nP t Hi drn�f,'c.�g�frr kon r r r�� SOILS ✓ Series/phase: Subgroup:2 Is the soil on the hydric soils list? Yes_ No Undetermined Is the soil a Histosol? Yes No Histic epipedon present? Yes_ No_ Is the soil: Mottled? Yes_ No_Gleyed? Yes_ No_ Matrix Color: Mottle Colors: Other hydric soil indicators: Is the hydric soil criterion met? Yes_ No Rationale: HYDROLOGY Is the ground surface inundated? Yes_ No_ Surface water depth: Is the soil saturated? Yes No_ Depth to free-standing water in pit/soil probe hole: List other field evidence of surface inundation or soil saturation. Is the wetland hydrology criterion met? Yes No Rationale: JURISDICTIONAL DETERMIyAT1ON AND RATIONALE Is the plant community a wetland? Ye No V/ Rationale for jurisdictional decisi n: nr < , iaooi�_ i at-t-col jlytf ten lor dneR no tnirf k1/4“-t but'rl�rrli'�u�t d I 1 This data form can be used for the Hydric Soil Assessment Procedure and the Plant Community Assessment Procedure. 2 Classification according to"Soil Taxonomy." B-2 DATA FORM ROUTIN'E'JONSITE DETERMINATION METHODI Field Investigat s): Y �u r-�/c_ 0 I g b Date: Project/Site. rearr State: en County: Weld Applicant/Owner: A�jhn it pa ✓Ni a • Plant Community ft/Name:� !� Note: II a more detailed site description iS necessary,use the back of data form or a field notebook. Do normal environmental conditions exist at thepplIant community? Yes No v. (If no,explain on back) S.c.e. ✓eppr� Has the vegetation,soils, and/or hydrology been significantly disturbed? Yes ✓ No_(if yes,explain on back) Sta.- re pp r VEGETATION Indicator Indicator Dominant Plant Species Status Stratum Dominant Plant Species Status Stratum IS3'.1. Pic?-i0II spit al4 FAc- 2.0%2, r.irc/LAWI Vufq a✓e pioL_ if 12. /0%3, Aen Ar'cciA ar-Ke vilsi `dia rAriA H 13. 5%4. ARA. rpci q pp si'IOct..,- FArti R 14. (O45. Runiev isruc FAc-W 14 15. 10%6. Act r fa I r a -I- J FA-C- H 16. 1O%7, Cr- i rru s a m eri can u s r)5 t. H 17. rs i u ni a r ven.c r (API 14 18. 9. 19. 10. 20. Percent of dominant species that are OBL,FACW, anchor FAC (m0 ID Is the hydrophytic vegetation criterion met? Yes ✓ No Rationale: A4ei.I-k rr.}rrfon SOILS Series/phase: Subgroup:2 Is the soil on the hydric soils list? Yes_ No Undetermined Is the soil a Histosol? Yes No Histic epipedon present? Yes_ No_ Is the soil: Mottled? Yes No_Gleyed? Yes No_ Matrix Color: Mottle Colors: Other hydric soil indicators: Is the hydric soil criterion met? Yes No Rationale: HYDROLOGY Is the ground surface Inundated? Yes_ No_ Surface water depth: Is the soil saturated? Yes No_ Depth to free-standing water in piUsoil probe hole: List other field evidence of surface inundation or soil saturation. Is the wetland hydrology criterion met? Yes No Rationale: JURISDICTIONAL DETERMINATION AND RATIONALE Is the plant community a wetland? Yes V7" No Rationale for jurisdictional decision: Se;TTTV-fob/ tc a rM f k o -e, h yei(A-0/o r r i f!yAA9ril • 0 1 This data form can be used for the Hydric Soil Assessment Procedure and the Plant Communty Assessment Procedure. 2Classification according to'Soil Taxonomy.* `- 8-2 DATA FORM ROUTINE ONSITE DETERMINATION METHODI Field Investigatnc(s): Date: 1110 /It Project/Site: Yr-rr S State: (--t) County. tr 44 �eee�l� Applicant/Owner:v4'x � l pai/rl'IJ Ca Plant Community 1/Name: 417 Note: If a more detailed site description is necessary,use the back of data form or a field notebook. Do normal environme,ntal conditions exist at the plant community? Yes No_(If no,explain on back) vke p0r+- Has the v etation, soils, and/or hydrology been significantly disturbed? Yes ✓ No._(If yes,explain on back) e report VEGETATION Indicator Indicator Dominant Plant Species Status Stratum Dominant Plant Species Status Stratum Wirt ni s fi cl,11Y sic i cccd-.k VAC H 11. $1;2, nenofhero, crcte_epifnsa UPI- H 12. r2 Yo 3. leadater ra wt of iss imat FAcW 13. 69104. Xvelk/a ,(tantra_ 14, gla 5. .4s 3-e- -rek /r�4..u� u� r- H 15. 2018. FbetrItIS Saye,ell 11I /281.-- � 18. 7. I / 17. 8, 18. 9. 19. 10. 20. Percent of dominant species that are OBL,FACW,and/or FAC e:a6Va Is the hydrophytic vggetation criterion met? Yes ✓ No Rationale: /�� JS Chien l/rvi SOILS Series/phase- Subgroup:2 Is the soil on the hydric soils list? Yes_ No Undetermined Is the soil a Histosol? Yes_ No_Histic epipedon present? Yes_ No Is the soil: Mottled? Yes_ No Cloyed? Yes_ No Matrix Color: Mottle Colors: Other hydric soil indicators: Is the hydric soil criterion met? Yes_ No Rationale: HYDROLOGY Is the ground surface inundated? Yes_ No_ Surface water depth: H the soil saturated? Yes_ No_ Depth to free-standing water in pit/soil probe hole: List other field evidence of surface inundation or soil saturation. Is the wetland hydrology criterion met? Yes No Rationale: JURISDICTIONAL DETERMINATION AND RATIONALE Is the plant community a wetland? Yes No Rationale for jurisdictional decision: ;Tr rice /% e ivl nefid hydAzingk/ �/ C r, /�r,-orl J 1 This data form can be used for the Hydric Soil Assessment Procedure and the Plant Community Assessment Procedure. 2 Classification according to'Soil Taxonomy.' B-2 91,0182 DATA FORM ROUTINE ONSITE DETERMINATION METHOD1 p Field Investigator(s).: �� —ru fek. Date: 1 / /0/ RD Project/Site. Pr � `� r n State: Co County: CAfre lei ApplicanUOwner, Airhe ! ! Iitl/�h ro• Plant Community it/Name: dl's Note: N a more detailed she description Li necessary,use the back of data form or a field notebook. Do normal environmental conditions exist at the plant community? Yes No ✓ (If no,explain on back) S.re ve_prof'- Has the vegetation, soils, and/or hydrology been significantly'disturbed? Yes ✓ No (H yes,explain on back) See. Y t port-- VEGETATION Indicator Indicator Dominant Plant Species Status Stratum Dominant Plant Species Status Stratum (04,°11, yrnoi is Japovtivas Li PL 11. $142, Me.3s'fA lb c al F;Li st lip- 12. Grp 3. C.7/12 en Sp. �n Ceir-idal ntr 14 13. 5%4, jgv;c�f r Ifrec eat 1pr mita UPL 14. 5%5 f',* cricoideS fA L tf 15. 5%6, Rumex. Cris on s FACW hF 16. 5%7. /r nvv vu Iv rs arvens,t4 1i P[ H17. % 56. (.fin i'ateer '+i rot µ 18. 9. 19. 10. 20. Percent of dominant spaces that are OBL, FACW,and/or FAC [r7% Is the hydrophytic vegetation criterion met? Ye@ No V Rationale: Une K rf r_r;fcr,inn SOILS \ Series/phase: Subgroup:2 Is the soil on the hydric soils list? Yes No Undetermined Is the soil a Histosol? Yes No_Histic epipedon present? Yes No— Is the soil: Mottled? Yes_ NoGleyed? Yes— No MatrixColor: Mottle Colors: Other hydric soil indicators: Is the hydric soil criterion met? Yes— No Rationale: HYDROLOGY Is the ground surface inundated? Yes No— Surface water depth: Is the soil saturated? Yes No— Depth to free-standing water in pit/soil probe hole: List other field evidence of surface inundation or soil saturation. Is the wetland hydrology criterion met? Yes— No Rationale: JURISDICTIONAL DETERMINATION AND RATIONALE Is the plant community a wetland? Yes No ✓ " ,1 Rationale for jurisdictional decision: SIDThTj U P�j g j?Syl / a.rs al hyd rvio3V deCc iwf ykoo4- rxi ped-1 S1,1 • J 1 This data form can be used for the Hydric Soil Assessment Procedure and the Plant Community Assessment Procedure. 2Classiication according to'toil Taxonomy.' t B-2 ,91.00.5. ➢ DATA FORM ROUTINE ONSITE DETERMINATION METHODI ) / (� Field Investigatods): GTO v y �u f I Date: I I b ! et l ProjecVSke: rry,/ r State: LO County: Wei Applicant/Owner:MICA a f reach\ r n • Plant Community O/Name• #`j Note: N a more detailed site description is necessary,use the back of data form or a field notebook. Do normal environmrtal conditions exist at the plant community? Yes No ✓ (If no,explain on back) S..‘•,_ re pcd Has the vegetation,soils,and/or hydrology been significantly disturbed? Yes ✓ No (N yes,explain on back) Sz`Yeeof+ VEGETATION Indicator Indicator Dominant Plant Species Status Stratum Dominant Plant Species Status Stratum 1tf,6i. Mu1. Itrg lofty raa a fer- PAeW 11. 2. Pvjra 12. 5%3, Aakr Fcci ca#u s FAc, f't 13. ..reXe. Rid ewe r'rts_pas rAr rnl et 14. 5%5, rut,-e �nrrirtt Men WOW UPL +1 18. 6. 16. 7. 17. 8. 18. 9. 19. 10. 20. Percent of dominant spaces that are OBL, FACW, and{6r FAC trap% Is the hydrophyt c vegetation criterion met? Yes_✓ No Rationale: Iwrr.� ra-atn'a-vi SOILS Series/phase. Subgroup:2 Is the soil on the hydric soils list? Yes_ No Undetermined Is the soil a Histosol? Yes_ No_Histic epipedon present? Yes No Is the soil: Mottled? Yes_ No_Greyed? Yes_ No Matrix Color: Mottle Colors: Other hydric soil indicators: Is the hydric soil criterion met? Yes_ No Rationale: HYDROLOGY Is the ground surface inundated? Yes_ No Surface water depth: Is the soil saturated? Yes No Depth to free-standing water in pit/soil probe hole: List other field evidence of surface inundation or soil saturation. Is the wetland hydrology criterion met? Yes_ No Rationale: JURISDICTIONAL DETERMINATION AND RATIONALE Is the plant community a wetland? Yes r No Rationale for jurisdictional decision: /l Ltt, c TryT j theaf[.� fi7Nr / q tw.€1 `IM 01 roler CA.r 1.71 LA!v1 O / a 1 1 This data form can be used for the Hydric Soil Assessment Procedure and the Plant Communky Assessment Procedure. a�0162 2 Classification according to"Soil Taxonomy.' M - B-2 0 T� DATA FORM ROUTINE ONSITE DETERMINATION METHODI Field Investpatc..0): Date: ?/10 /10 ProjecVSite: retry g State: (—O County: We lol Applicant/Owner:ittP a-/f Pa✓r11 g Co • Plant Community 4/Name: 11 �e#O Note: k a more detailed site description is necessary,use the back of data form or a field notebook. Do normal environmental conditions exist at the plant community? Yes _No ✓ (k no,explain on back) 3.c . r off- Has the vegetation,soils, and/or hydrology been significant& disturbed? Yes_✓ No_(If yes,explain on back) _ re pt( a!{ VEGETATION Indicator Indicator Dominant Plant Species Status Stratum Dominant Plant Species Status Stratum 5"/.1 itra tAra. s p • F f1 11. CA In nts iii wait an_ �_ 10Z s-% 2. Asir,- err, tePL N- 12. incSa "2 • me. S 5% 2 7. 3. Fly t'se fit vn VI• wAc- ti 13. • DAt 5944. Sf (Y r.& 0 Merle 411.“S ne- 14. 10°/0 � 5. rS;Law arvensz t1PL 15. 5%s. Plr,twleY rektp Ls FA-e- ti 16. 10% 7, (:nnvol tit 411, srwrists U.PL IL/ 17. S ann. r;&anus (AL H 18. S% 9. Sa/i Y am y1 Qla lordeS PAC-W. 13. 10110. r.ft^Stukin (1(9nro UPL fl 20. Percent of dominant species that are OBL, FACW,and/or FAC�7,14 Is the hydrophytic vegetation crkerign met? Yes No_ Rationale: pnez r)04 vi keel SOILS Series/phase. Subgroup:2 Is the soil on the hydric soils list? Yes No Undetermined Is the soil a Histosol? Yes_ No Histic epipedon present? Yes_ No Is the soil: Mottled? Yes_ No_Cloyed? Yes_ No Matrix Color: Mottle Colors: Other hydric soil indicators: Is the hydric soil criterion met? Yes No Rationale: HYDROLOGY Is the ground surface Inundated? Yes_ No_ Surface water depth: Is the soil saturated? Yes_ No_ Depth to free-standing water in pit/soil probe hole: List other field evidence of surface inundation or soil saturation. Is the wetland hydrology criterion met? Yes_ No Rationale: JURISDICTIONAL DETERMINATION AND RATIONALE Is the plant community a wetland? Yes No Rationale for jurisdictional decision: � nOCimCe f tv[ {-buttes rn ke/ta 1 This data form can be used for the Hydric Soil Assessment Procedure and the Plant Communty Assessment Procedure. 2 Classification according to"Soil Taxonomy." ^2 DATA FORM ROUTINE ONSITE DETERMINATION METHODI Field Investigatggr,is): r_si/Lai II&tilt Date: 9 / [a 170 Project/Site: re'erjn 1' f State: c--0 County: - IA/elc� Applicant/Owner: � H�+h �Aofrn Ca' Plant Communityi/Name: 1O Note: h a more detailed site description id necessary, use the back of data form or a field notebook. Do normal environmental conditions exist at the plant community? Yea _No ✓ (If no,explain on back) pb } Has the vegetation,soils,and/or hydrology been significantly disturbed? Yes_No_(If yes,explain on back) r b(j- VEGETATION Indicator Indicator Dominant Plant Species Status Stratum Dominant Plant Species Status Stratum (eclat _Disi~Ichli5 s ' rAc- 742. Gl ' I (iPL #4 12. 57.6. s r FA+ _ �{ 13. 59'04. Pic W � 14. (JO_5%5, - /I CA. n' a 15. e06, Arviiir 5jct ante mis ifftil4 h4 16. 5°47. A.ben R sit"cfad? FA- H 17. 8. 18. C% g, Firmrnu s n0 hiaL.s /i,/k'L H 19. :a. 20. Percent of dominant species that are OBL,FACW,and/or FAC Py0°4o Is the hydrophytic vegetation criterion met? Yes ✓ No Rationale: SOILS Series/phase: Subgroup:2 Is the soil on the hydric soils list? Yes No Undetermined Is the soil a Histosol? Yes_ No —Thistle epipedon present? Yes No Is the soil: Mottled? Yes_ No_Gleyed? Yes No Matrix Color: Mottle Colors: Other hydric soil indicators: Is the hydric soil criterion met? Yes_ No Rationale: HYDROLOGY Is the ground surface inundated? Yes_ No_ Surface water depth: Is the soil saturated? Yes No Depth to free-standing water in pit/soil probe hole: List other field evidence of surface inundation or soil saturation. Is the wetland hydrology criterion met? Yes_ No_ Rationale: JURISDICTIONAL DETERMINATION AND RATIONALE Is the plant community a wetland? Yes ✓ No Rationale for jurisdictionaldecisioq: att i a-4,-.1 A yottwntnn 6.. . . -1'S t.k�-flal..4•170 CA � 0 1 'This data form can be used for the Hydric Soil Assessment Procedure and the Plant Community Assessment Procedure. 2Classilication according to*Soil Taxonomy' B-2 e (� r PLANNING COMMISSION SIGN POSTING CERTIFICATE I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST TEN (10) DAYS PRECEDING THE PLANNING COMMISSION HEARING FOR CASE 11 U S R - /z/ THE SIGN WAS POSTED BY: NA OF/P RSON�POSTING GN/ / Cdr Th I ANT S ATUR OF APPLICA / STATE OF COLORADO ) - / 1 ) �f 1 COUNTY OF i7Sb6 /pa' 44. �1tii SUBSCRIBED AND SWORN TO BEFORE ME THIS :c.)- DAY OF 11 CASi'/AAQ-C---- , 1990. SEAL �� 60; r+c� NOTARY PUBLIC MY COMMISSION EXPIRES /Yetral /79 9 LAST DAY.TO POST SIGN IS: 19 WELD COUNTY, COLORADO USE BY SPECIAL REVIEW APPLICATION for MINING PERMIT Weld County Department of Planning Services, 915 10th Street, Greeley, Colorado, Phone 356-4000, Extension 4400 For Department of Planning Services Use Only Case Number: Date Application Received: PC Hearing Date: Section: , Township: North, Range: West Zoning District: Recording Fee: Permit Fee: Recording Fee Receipt #: Receipt Number: Application Reviewed By: To be completed by APPLICANT in accordance with procedural guide Requirements: 1. I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission concerning a proposed gravel pit (gravel, flak, Alummowpotc, etc.) mining operation for the following described unincorporated area of Weld County: LEGAL DESCRIPTION Perry Pit - see attached sheet for legal TOTAL ACREAGE: 117.61 2. Surface owner(s) of area of land described Name: Edward Perry Address: 141 Kiely Blve Phone: 408-246-9064 Name: Address: Santa Clara, CA 95051 Phone: 3. Owner(s) of mineral rights to substance to be mined Name: SAME Address: Phone: Name: Address: Phone: 4. Source of applicants' legal right to enter and to mine on the land described: Mining lease is attached (Attached certified copy of any document noted to the back of this form) yry 6I Re4- 7 "Ainui ' 5. Address of applicant and general office `' /a� Lp/ Applicants address: 14802 W. 44th Avenue Phone: 303-279-6611 General Office address: Golden, CO 80403 Phone: 4/53 ..?ind, 6. Identify any prior permits for mining held by applicant or affiliated person: None JUI. 1 8 1990 Weld Cu. Plauuuop „kunnaasw, ��i - 910012, 7. Description of Operation a. Types and number of operating an processing equipment to be employed: Scraper (1) , loader (2) , dozer (1) , portable crusher with conveyor system (1) , screening/washing plant (1) , portable asphalt plant (1) to be moved on and off the site as work permits. b. Maximum number of employees: 10 , and number of shifts: 1 c. Number of stages to be worked: 3 , and periods of time each is to be worked: 3 - 7 years d. Thickness of mineral deposit: 25 - 30 feet, and thickness of the overburden: 4' e. This will be a wet/xbr:y 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) : Truck access onto Weld County Road 6 then to U.S. Highway 85. Trucks will cross over Gilheany Ditch and the South Platte River. 8. Description of Rehabilitation a. Proposed rehabilitation land use(s) : Pasture b. Source of technical advice for reclamation: Soil Conservation Service, Division of Wildlife, Tuttle Applegate Inc. c. Explanation of Reclamation Process: Sloping to Mined Land Reclamation 3: 1 and 2:1 requirements, redistribution of overburden and topsoil, revegetation with grasses and clumps of trees and shrubs. I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF Liri,4 F7 r.., ,. 1 STATE OF Le n radet P �z gnat e: Owne /A horized Agent Subscribed and sworn to before me this /94; t4 day of „7:: /, , 19 efri SEAL 0', 7ls.n-≥,, NOTA Y PUBLIC My Commission expires 3-1/4- 93 em 01 r"-) A." May 4 , 1990 Weld County Department of Planning Services 915 Tenth Street, Room 342 Greeley, CO 80631 RE : Perry Pit; Use By Special Review for Mining Dear Sir/Madame : Asphalt Paving Co . herein applies for a Use By Special Review Permit in Weld County for a mining operation. The site is located south of Weld County Road 6 and just west of the South Platte River. 1 . A completed application form accompanies this submission. 2 . This submission also includes a copy of the 112 permit -- application to the Colorado Mined Land Reclamation Division. This includes specific information in Exhibits C and D that addresses the mine plan, the mining and processing equipment to be employed, the mine phasing and time frames , and the depth and thickness of the deposit and overburden. Exhibits E and F address the proposed reclamation uses and the reclamation process . The reclamation plan is based on recommendations for the area by the Soil Conservation Service and is included in Exhibit E . Truck access from the operation will be onto Weld County Road 6 and thence onto U. S . Highway 85 where it is anticipated that 95% of the traffic will be southbound. Access onto U. S . Highway 85 from Weld County Road 6 is very good. The traffic on Weld County Road 6 will cross a bridge over the South Platte River and a ditch just west of U. S . Highway 85 . The road conditions and bridges on Weld County Road 6 are more than adequate to handle the traffic generated by this project. The sand and gravel mining and processing will take place from 6 : 00 A. M. to 6 : 00 P.M. , six days per week with maintenance operations on Sundays. Due to the nature of contracts with the Colorado Department of Highways which - require many jobs to be done at night, the portable asphalt plant may be operated and material hauled off the site at any hour. The site will be operated on an intermittent basis, however, based on contracts Asphalt Paving Company has in the area. 91.0062 b Weld County Department of Planning Services May 4 , 1990 Page 2 It is anticipated that a maximum annual production of 300 ,000 tons will be produced from the property. In addition, some material will be hauled in from off-site to blend with and be comingled with material produced from the property. This material , will consist of recycled asphalt and aggregate materials , and will be temporarily stockpiled on the property until it is crushed, processed and blended with the on-site material . This work will take place next to the temporary plant site on each phase of the operation , as indicated on the mine plan map accompanying this permit application. Some of the product will be used to produce asphalt from the portable asphalt batch plant which will be moved onto and off the site on a job-by- job basis; much of the processed _ material will be hauled off-site for use elsewhere . Material will be moved off-site by 25 ton trucks . Assuming a 250 day working schedule , this property will generate an annual traffic of 12 , 000 loads or an average daily traffic of 48 loads . This traffic figure could be higher during periods when Asphalt Paving Company is working contracts in the area. 3 . We have prepared a list of the names , addresses and corresponding parcel identification numbers for property owners within 500 feet of the site . This information was prepared from records of the Weld County Assessor. 4 . The Weld County form for certification of the names and addresses of mineral owners and lessees is also attached. 5 . A copy of the MLRD Regular Operations Permit is included and made a part of this application. Plans for obtaining water supplies will be more fully addressed in Paragraph 13 . The plan included with the application shows new cross sections of roads and drainage structures to cross the Lupton Bottoms Ditch and access Weld County Road 6 . A paved apron with appropriate drainage will be used to access the County road. 910062 Weld County Department of Planning Services May 4 , 1990 Page 3 6 . The site is located within the Urban Growth Boundary as defined by the Weld County Comprehensive Plan. The site is near the unincorporated community of Wattenberg and is about two miles north of Brighton, as well as being adjacent to the U . S . Highway 85 corridor. As a construction aggregate source within a projected urban growth area, this site is ideally located to provide these materials for development in the southern portion of the County. 7 . The area of extraction is within a Resource Conservation Area as outlined by the Weld County Extraction Plan. Testing work done on this and adjacent property has confirmed the presence of commercially viable deposits of sand and gravel underlying the site . The property encompassing the site is completely located within agricultural zoning. Mining is a recognized and allowed Use By Special Review within agriculturally zoned areas . Attendant facilities for processing the sand and gravel are a necessary part of the operation and will be located on the site as shown on the maps that accompany this application. The portable asphalt plant that will be used with this operation will be moved on and off the site as contract jobs in the area require . 8. The land encompassing the site is zoned agricultural but is currently not cultivated and cannot be .classified as prime agricultural land due to the fact that it is shallowly underlain by sand and gravel making it unable to sustain commercial crop production of any consequence . The site is currently used as light pastureland. 9 . The extraction site is located east of the unincorporated _ community of Wattenberg. It is anticipated that impact to the community will be minimal, due to measures taken by Asphalt Paving Company during the conception of the project to recognize and minimize such impacts . The mining —" operation will be conducted using wet mining methods so as not to interfere with groundwater flow and to reduce dust to a minimum. • 91,000A) Weld County Department of Planning Services May 4 , 1990 Page 4 The processing plant will be portable and placed adjacent to the present phase of mining and in most cases will be located 500 feet or more from residences . Because of the small size of the Phase II mine area, the plant site may be located within 200 to 300 feet of residences , at a slightly -- lower elevation . Truck traffic in and out of the property will be from a point near the middle of the property to minimize any noise associated with the trucks. No trucks will be routed through the community, as all trucks will proceed east on Weld County Road 6 to U. S . Highway 85 . All equipment used in the operation will comply with air pollution and dust standards of the Colorado Department of Health. 10. The surrounding land uses of the property are primarily agricultural and mining. The exception to this is the unincorporated community of Wattenberg which is located west of the property. Aggregate production is presently approved — for the Platte Valley Pit of C & M Concrete to the southeast and east of the property. Agricultural use of the land in the immediate area is generally restricted to pastureland. The mining and processing of sand and gravel is consistent with the other operations which have been permitted in this area along the South Platte River. The entire area lies within the floodplain area, so it is unlikely that any other type of development could occur here . 11 . The urban growth projected in this area by the Weld County Comprehensive Plan and the present patterns of land development point toward a continued industrial and mining use of the general area. Currently, other aggregate operations and related uses are present within the area north of Brighton and it is anticipated that other projects of this type will continue to develop in the area as the projected growth comes about. 91.®062 Weld County Department of Planning Services May 4 , 1990 Page 5 12 . The site is not located within a geologic hazard or an airport overlay district area. It is located within the floodplain of the South Platte River and thus is in a flood hazard overlay zone . As such, the operation will comply with Section 23 and 26 of the Weld County Zoning Ordinance . With the exception of the temporary portable processing facilities which will be located on the site , no new permanent structures will be placed within the permit area. The existing house on the site will serve as an office . 13 . Along with the property, Asphalt Paving Company has acquired one share of Brighton Ditch water. This water may be used as the basis for an augmentation plan for consumptive uses of water on the site . Water issues are more fully addressed in Exhibit G of the MLRD permit. 14 . Included with this document as Exhibit 0 in the MLRD portion, is the information related to Asphalt Paving Company' s legal right to enter and mine on the area proposed for this Use By Special Review. Please contact us should you have any questions regarding our application . We look forward to working with you on this application . -- Sincerely, ASPHALT PAVING CO . • Sprague M. Mayger Encs . • cc: File #90-140 - Cie 0n0Fe LEGAL DESCRIPTION A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 25. TOWNSHIP 1 NORTH. RANGE 67 WEST OF THE 6th P.M. AND IN THE NORTHWEST QUARTER OF SECTION 30. TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6th P.M., WELD COUNTY, COLORADO. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH LIES SOUTH 00'48'59' EAST 30.00 FEET FROM THE NORTHEAST CORNER OF SAID SECTION 25. SAID POINT BEING ON THE SOUTH RIGHT OF WAY OF WELD _ COUNTY ROAD No. 6 AND LYING ON THE EAST LINE OF SAID NORTHEAST QUARTER: THENCE NORTH 89'34'43' EAST 846.01 FEET ALONG SAID SOUTH RIGHT OF WAY; THENCE SOUTH 65'01'59' EAST 210.03 FEET; THENCE NORTH 58'51'30' EAST 176.27 FEET TO THE SOUTH RIGHT-OF-wAY OF SAID wELO COUNTY ROAD N0. 6: THENCE ALONG SAID SOUTH RIGHT-OF-wAY NORTH 89'34'43' EAST 132.69 FEET: THENCE SOUTH 00'48'59' EAST 1515.42 FEET; THENCE SOUTH 89'41 '01' WEST 1320.00 FEET TO THE WEST LINE OF SAID SECTION 30: THENCE SOUTH 89'23'59' wEST 778.61 FEET: THENCE SOUTH 48'08'58' WEST 260.00 FEET; THENCE SOUTH 89'23'58' wEST 200.00 FEET; THENCE NORTH 78'48' 18' WEST 340.89 FEET TO THE EASTERLY RIGHT OF wAY LINE OF THE OENVER. LARAMIE ANO NORTHWESTERN RAILWAY COMPANY AS ORIGINALLY LOCATED: THENCE SOUTH 01'42'05' EAST 1022.03 FEET TO THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25: THENCE SOUTH 89' 19'20' wEST 1088.22 FEET ALONG SAID SOUTH LINE: THENCE NORTH 37'24'38' EAST 687.80 FEET: THENCE 213.26 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 233.04 FEET AND A LONG CHORD wHICH BEARS NORTH 11'11'36' EAST 205.90 FEET; THENCE NORTH 15'01'25' WEST 93.02• FEET TO THE SOUTHEASTERLY • LINE OF THE TOWN OF WATTENBERG AS PER THE RECORDED PLAT; THENCE ALONG THE SOUTHEASTERLY AND EASTERLY LINE OF SAID TOWN OF wATTENBERG THE FOLLOWING COURSES: -- NORTH 50'51'37' EAST 566.30 FEET; NORTH 01'42'05' WEST 685.27 FEET; THENCE • DEPARTING FROM THE EAST LINE OF SAID TOWN OF wATTENBERG. NORTH 89'00'34' EAST 180.01 FEET; THENCE NORTH 01'42'05' WEST 10.40 FEET; THENCE NORTH 75'32'34' EAST 36.75 FEET TO THE SOUTH BOUNDARY OF THAT PARCEL OF LAND AS RECORDED IN BOOK 389 _ PAGE 463: THENCE ALONG SAID SOUTH LINE NORTH 89'00'34' EAST 164.16 FEET; THENCE ALONG THE EAST LINE OF SAID-PARCEL NORTH 01'42'05' WEST 54. 11 FEET; THENCE NORTH 48'02'32' EAST 222.50 FEET; THENCE SOUTH 89'00'34' WEST 190.76 FEET; THENCE NORTH 01'00'05' WEST 536.00 FEET TO THE SOUTH RIGHT OF WAY OF WELD COUTNY ROAD Na. 6: THENCE ALONG SAID SOUTH RIGHT OF wAY THE FOLLOWING COURSES: -- NORTH 89'00'34' EAST 612.86 FEET: SOUTH 00'59'26' EAST 30.00 FEET: NORTH 89'00'34' EAST 600.00 FEET; NORTH 00'59'26' WEST 30.00 FEET; NORTH 89'00'34' EAST 134.48 FEET TO THE POINT OF BEGINNING. - - _ CONTAINS 117.61 ACRES. MORE OR LESS. _ 91.®(162 MEMORANDUM OF LEASE AGREEMENT KNOW ALL MEN BY THESE PRESENTS: On the 1st of March, 1989, a certain Lease Agreement was made, executed, and delivered by Edward D. Perry, Lessor, Asphalt Paving Co. , L covering the lands described in Exhibit A attached hereto and made part of by reference. WHEREAS, the undersigned wish to set forth certain terms of said Lease Agreement for the record. NOW, THEREFORE, the undersigned do hereby declare and set forth the following terms of said Lease Agreement. LESSOR: Edward D. Perry LESSEE: Asphalt Paving Co. DATED: March 1, 1989 TERM: Ten (10) Years, or as long thereafter as there remains minable material which is being mined in commercial quantities. RIGHT TO RENEW: Additional Ten (10) years. RIGHTS GRANTED: The right to mine, remove, process, stockpile, and sell rock, stone, sand, gravel, topsoil, and overburden and the right to import, process, and stockpile material from other sources. LEGAL DESCRIPTION: Attached hereto as Exhibit) A. This Memorandum g Lease Agreement this U-�4`day of 141(C 1(• ,, — , 19 ATTEST: ASPHALT PAYING CO. Secretary ice Preai e WITNESS:Sfirer,D LESSOR: - Edward D. Perry • 91.006AJ STATE OF COLORADO ) COUNTY OF Shp ) The ing instrument was acknowledged before me this c-.121.-- day of , 1989 by yam et', Iv\ Il' ,0 r o, Vice President of Asphalt Paving Co.``01,144i/44 / , I- ^fin(^ I T�Z�J �0 �^4i/44� My Co issi�on Expires: Notary Public. STATE OF C -f..!'-d-%..-Cv ) COUNTY OF c,)(1--"--'1".` 4^-�`�sa. The foregoing instrument was acknowledged before me this day of 1989 by Edward D. Perry. -3/4 (.../ My Commission Expires: Notary Public. OFFICIAL SEAL ,dl 1, CHRISTINA USZKO`NSKI -caw''4. WIMP PUBLIC•CAI.WORA '*WS,� MI WM LWm1 COUNTY Mf mom.twins MAR a 1990 • • 91.0062 B 1146 REC O. ,8625 02/17/87 12:28 $9.00 ./003 P 1158 MARY ANN FEUERSTEIN CLERK s RECORDER WELD CO, CO EXHIBIT "An LEGAL DESCRIPTION ATTACHED TO AND MADE A PART OF THAT CERTAIN WARRANTY DEED FROM LEONA M. PERRY TO EDWARD D. PERRY DATED DECEMBER 31 , 1986 The South Half of the Northwest Quarter (S1/2 NW1/4) of Section Twenty-five (25) , Township One (1) North, Rance Sixty- seven (67) West of the 6th P.H. All that portion of the Northeast Quarter (NE1/4) of Section Twenty-five (25) , Township One (1) North, Range Sixty-seven (67) West of the 6th P.M. , described as beginning at the Northeast corner of said quarter section, thence running West along the North line of Said Section 25, 565 feet, more or less, to the Northeast corner of the Town of Wattenberg, according to the recorded plat of said town, running thence South 11 degrees 32' - East 400 feet to a point, running thence South 36 degrees 28' West 217.06 feet to a point, said last two courses being the East boundary lines of Block 1 and 2, Town of Wattenberg, thence South 89 degrees 28' West along the South boundary lines of Blocks 2, 3 and 6 of said town, 592 feet, thence South 48 degrees 30' West 254 feet, thence South 76 degrees West 202 feet, more or less, to the Easterly right of way line of The Denver, Laramie and Northwestern Railway as said right of way is shown on said plat, thence Southerly along said East boundary line of said right of way 860 feet to a point, thence South 78 degrees East 354 feet, thence South 89 degrees East 200 feet, thence North 49 degrees 45' East 260 feet, thence South 89 degrees East 834 feet, more or less, to the East boundary line of said NE1/4, thence North along said East boundary line of said NE1/4 1543 feet more or lass, to -. the point of beginning; excepting from said above described land so much thereof, if any, as may be included within the boundaries of parcel conveyed by Warranty Deed recorded in Book 463 at Page 389 of the Weld County records; and except right of way conveyed for a drain ditch by Quit Claim Deed recorded in Book 157 at Page 78 of the Weld County records. Also all that portion of the West Half of the Northwest Quarter (W1/2 NW1/4) of Section Thirty (30) , Township One (1) North, Range Sixty-six (66) West of the 6th P.M. described as beginning at the Northwest corner of said Section 30, thence running due South 1543 feet, thence South 89 degrees 30' East 1320 feet, thence due North 1543 feet, thence North 90 degrees West 182 feet to the South Platte River, thence South 60 degrees 45' West 235 feet across the South Platte River, thence North 63 degrees West 280 feet, . thence North 90 degrees West 783 feet to the point of beginning. _. All that part of the Northeast Quarter (NE1/4) of Section - Twenty-five (25) , Township One (1) North, Range Sixty-seven (67.) West of the 6th P.M. , described as beginning at a point on the North line of said NE1/4 of Section 25, 1247.14 feet East of the Northwest corner of said NE1/4, running thence North 89 degrees 28' East 872.39 feet along the North line of said Quarter Section, thence South 11 degrees 32' East 400 feet, thence South 36 degrees 28' West 217.06 feet, thence South 89 degrees 28' West 817.71 feet, thence North 0 degrees 32' West 556 feet to the point of beginning. that part of the Northeast Quarter (NE1/4) of Section Twenty-five (25) , Township One (1) North, Range Sixty-seven (67) West of the 6th P.M. , described as beginning at a point on the West line of the Northeast Quarter (NE1/4) of said Section 25, whence the Northwest corner of said quarter section bears North 0 degrees 24 ' East a distance of 682.08 feet, thence South 0 degrees 24 ' West 643 feet, thence South 26 degrees 31' East 243.3 feat, thence North 89 degrees 28' East 760.63 feet, thence North 0 degrees 32' West a distance of 860 feet, thence South 89 degrees 28' West a distance of 456.62 feet to the point of p L B 1146 REC 02088625 02/17/87 12:28 $90 3 OC3 F 1159 MARY ANN FEUERSTEIN CLERK 6 RECORDER. 0 WELD CO� CO beginning. All that pert of the Northeast Quarter (NE1/4) of Section Twenty-five (25) , Township One (1) North, Range Sixty-seven (67) West of the 6th P.M. , described as beginning at a point on the -- . Westerly right of way line of The Denver, Laramie and Northwestern Railway, from whence the North quarter corner of said Section 25 bears North 32 degrees 50' West 1719,2 feet, thence South 37 degrees 13 ' West 1499 Peet, more or lees, to the South line of said NE1/4, thence North 89 degrees 54 ' East 1014 feet, more or less, to a point on the West line of said railroad right of way, thence North 1 degree 14' West 974 feet, more or leas, to a point on the North bank of a drain ditch, thence Southwesterly along the North bank of said ditch to a point 213 feet South of the point of beginning, thence North to the point of beginning, except right of way for a drain ditch conveyed by deed recorded in Book 157, Page 78 of the Weld County records. containing 1n all 203 .58 acres, more or less, according to the U. S. Government Survey thereof, together with one (1) share of stock of the Brighton Ditch Company. Also That certain parcel of land located in the Northeast Quarter (NE1/4) of Section Twenty-five (25) , Township One (1) North, Range Sixty-seven (67) Weet of the 6th P.M. , being 50 feet wide on the East aide and 170 feet wide on the West side of the center line of The Denver, Laramie and Northwestern Railway Company (formerly a Wyoming corporation) , as originally located, over, across and through said NE1/4 of said Section 25, said center line of. said P.alluay .being more particularly described as follows: Commencing at a point on the North line of said NE1/4 of _ said Section 25, 1047 feet East of the Northwest corner of said NE1/4 of said Section 251 thence South 1 degree 14 ' East on said center line of said Railway, 785 feet to the true point of beginning; thence South 1 degree 14 ' East to the North bank of that certain drain ditch, as the same is now located, on and -- through said NE1/4 of said Section 25, containing 4 .10 acres, more or lees. (Being a portion of the same strip of land described in those certain deeds recorded in Book. 287 at Page 205, - and in Book 330 at Page 6 of the records in the office of the Clerk and Recorder of Weld County, Colorado. ) Also, n strip of land 100 feet wide, containing 1.96 acres, -_ more or lase, being 50 feet wide on each aide of the center line of. said Railway as originally located, over, across and through the S1/2 of the NE1/4 of said Section 25, said center line of said Railway being more particularly described as follows: -- Commencing at a point on the North line of said NE1/4 of said Section 25, 1047 feet East of the Northwest corner of said NE1/41 thence South 1 degree 14' East on said center line of said Railway, 1606 test, more or lass, to a point on the South bank of that certain ditch as the same is now located, on and through said NE1/4 of said Section 25, the true point of beginning: thence South 1 degree 14 ' East 854 ,5 feet, more or less, to a point on the South line of the NE1/4 of said Section 25. (Being the same strip of land described 1n that certain deed recorded in Book 250 at Page 502 of the records in the office of the Clerk and Recorder of Weld Countyt colorado. ) 914-fill"I )r➢ • _ 3 1146 REC 02088625 02/:7/87 12:28 $9.00 :/003 ARC088625 _ F 1157 MARY ANN FEUERSTEIN CLERIC i RECORDER WELD CO, CO ._. ... " _. • ...:.:..:n_..__._ it WA. .ANTY DEED.. _ • .. .,. ... THIS DEED,Made this 71st day of December ,Ip86 . between LEONA M. PERRY of the • County of Weld ,stale of Colorado,amnions)and • EDWARD D. PERRY .! wholee legal address is 20800 Homestead Road, Apt. 36H Cupertino, California 95014 California III or the county or Santa Clara .State°CAR ILA.granteeON I wrniessern.Thor the grantdRO,for and In considenuon of the sum of One and 00/100 Dollar and other good and valuable consideration. tinUAXIS the trceipt and sufficiency of which is hertby acknowledged,ha 8 granted.bargained.sold and conveyed,and by these prtsents do es !rant, -- !I hugun.ell,convey,and confirm,unto the gnneel* his heirs and',signs forcer,all the rani pmpeny,together with impmvemene, Iran%situate.lying and being in the County of Weld ,State of Colorado, daunted u follows: II -- • See Attached Exhibit "A" • i (GIFT — NO DOCUMENTARY FEE REQUIRED) t also known by suns and number as: none TOGETHER with all and singular the hcreditamems and appurenances thereto belonging,or in anYwise appertaining,and the reversion and reversions.remainder and remainders,rents.Issues and profits thereof.W W the mine,right,tide.Interest.claim and demand whatsoever of Ow grantoRsk either in law or equity,of.in end to the stave bugained premises.with the heseditameMs and*noun:names. -- TO HAVE AND TO HOLD the said premises above buttoned and described with the appunenane',,umo the graneef4 his heirs and ustgns forcer.And the gramoRK for belief, her heirs and personal representatives,do es covenant,grant.bargain,and agree so and with the grameclll, his heirs and assigns,that at the time of the erases'ing and delivery of these presents, she is well , taed of the premises above conveyed,hag good,sure,perfect,absolute and indefensible estate of inhentence,in law, in fee simple, and ha 8 good nen.fun power and authomy to grant,bargain,sell and convey the same in manner and form',aforesaid,and that the same are free and clear from all former and other grans,bargains,sales.liens,tues,assessments,encumbrances,and restrictions of whatever kind or nature weer, eacrq • • The amnions)shall and will WARRANT AND FOREVER DEFEND the above bargained promises In the quiet and peuesble possession of the graneelOC h18 his heirs and assigns,seminal all and every person or persons lawfully claiming the whole or any pan Moment IN WITNESS WHEREOF,the grantor tzl hag accused this dud on the dye set fords above. �Y. n n�� Sae a . I'erry�19, i a� • STATE OF COLORADO u. County of Adams The foregoing instrument war acknowledged before me this 2nd day of January 87 , — • by la Perry. My co Witness my hand slat teal. °Apo uB�ic LA A. 4-11FEIS c • ever.IueR fa � lEOF�GOt� •�_ _____ _ u..r.dq.L1A.9en3�g:_ R?iay}Nrroggp trar,MetureaeellwMel greaWa l4NiWeg,1111 W.tie Mt..shard,CO IGIN...t1011111aaE0 gag �t Hello