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Home My WebLink About921205.tiff_ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR OPEN PIT SAND AND GRAVEL MINING AND MATERIALS PROCESSING IN THE A (AGRICULTURAL) ZONE DISTRICT - SUBLETTE SOUTH 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 December, 1992, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Sublette South, 7860 E. Berry Place, Englewood, Colorado 80111, for a Site Specific Development Plan and Special Review Permit for open pit sand and gravel mining and materials processing in the A (Agricultural) Zone District on the following described real estate, to-wit: Part of the E?, Section 23, Township 4 North, Range 61 West of the 6th P.M. , Weld County, Colorado WHEREAS, said applicant was represented by Steve O'Brian, and WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards for review of said Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as follows: a. The proposal is consistent with the Weld County Comprehensive Plan Urban Growth Boundary Area Goals and Policies. The City of Fort Lupton has reviewed this proposal and has recommended approval of the request. b. The proposal is consistent with the intent of the Agricultural Zone District and is provided for as a Use by Special Review. c. The uses which would be permitted will be compatible with the existing surrounding land uses which include irrigated agricultural production, residences, a nursery and the Platte River. The uses which would be permitted will be compatible with the future development of the surrounding area as permitted by the existing zoning. PL0893 921205 Lb893 c.c.. Pi., Hi, go SPECIAL REVIEW PERMIT - SUBLETTE SOUTH PAGE 2 d. The property is located in the 100-year floodplain. Conditions of Approval and Development Standards address this concern. e. The applicant has demonstrated a diligent effort to conserve productive agricultural land in the locational decision for the proposed use. f. Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Site Specific Development Plan and Special Review Permit for open pit sand and gravel mining and materials processing in the A (Agricultural) Zone District on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1. The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to exposing groundwater or diverting water out of priority, evidence shall be provided to the Department of Planning Services that either a gravel pit well permit or a substitute water supply plan has been approved by the State Engineer, Division of Water Resources. 4. Prior to the Special Review activity occurring on this property, evidence shall be provided to the Department of Planning Services that a dust abatement plan has been submitted to, and approved by, the Weld County Health Department. 5. Within 90 days of approval by the Board of County Commissioners, the applicant shall submit a road maintenance agreement for Weld County Roads 93.5 and 42.5 to the Board of County Commissioners for review and approval. 921205 SPECIAL REVIEW PERMIT - SUBLETTE SOUTH PAGE 3 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of December, A.D. , 1992. /I // ' � BOARD OF COUNTY COMMISSIONERS ATTEST: /oyeed ��G✓tein WELD COUNTY, COLORADO Weld County Clerk to the Board = - / Geo e Ken edy, Chairman /' 1 / , r BY: /L L6P � /�'. i ce✓t ! X d� , Deputy Clerk to the Bo Constance L. //Harbber,,t, Pro-Tem APPROVED AS FORM: G l /� � ��"`y C. W. ipty C: ->c/2 yz7" -c County Attorney Go Lac i gi.) W. Hebsterr 921205 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS SUBLETTE SOUTH USR #990 1. The Site Specific Development Plan and Special Review Permit for open pit sand and gravel mining and materials processing in the A (Agricultural) Zone District as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. The property shall be maintained in compliance with the requirements of the Army Corps of Engineers. 4. This item was deleted. 5. The operator of the facility shall have sufficient equipment available to implement the dust control plan approved by the Weld County Health Department. 6. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 7. Any required emissions permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health, for fugitive dust and odors. 8. No permanent disposal of wastes shall be permitted at this site. 9. Fugitive dust shall be controlled on this site. 10. The maximum permissible noise level shall not exceed the industrial limit of 70 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 11. Adequate toilet facilities approved by the Weld County Health Department shall be provided on-site for employees. 12. An individual sewage disposal system is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. A vault system is adequate, but does require a permit. 13. Any required NPDES permit shall be obtained, and/or amended, from the Water Quality Control Division of the Colorado Department of Health, if appropriate for the increased operation. 14. The applicant shall remove, handle, and stockpile overburden soil, sand, and gravel from the facility area in a manner that will prevent nuisance conditions. 921205 DEVELOPMENT STANDARDS - SUBLETTE SOUTH PAGE 2 15. The operator shall provide a water supply approved by the Weld County Health Department for human consumption. 16. An Individual Sewage Disposal System Permit must be finalized and approved by an Environmental Protection Specialist within one (1) year of the application date. 17. A stormwater discharge permit from the Colorado Department of Health, Water Quality Control Division, shall be obtained for all construction activities that disturb more than five (5) acres. 18. The property shall be maintained in compliance with the Weld County Flood Hazard Overlay District requirements. 19. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 20. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 21. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 22. The property owner or operator shall be responsible for complying with the operation policies of Section 44.4 of the Weld County Zoning Ordinance. 23. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 24. The Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 25. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 921205 HEARING CERTIFICATION DOCKET NO. 92-82 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR AN OPEN PIT SAND AND GRAVEL MINING AND MATERIALS PROCESSING IN THE A (AGRICULTURAL) ZONE DISTRICT - SUBLETTE SOUTH A public hearing was conducted on December 23, 1992, at 10:00 A.M. , with the following present: Commissioner George Kennedy, Chairman Commissioner Constance L. Harbert, Pro-Tem Commissioner C. W. Kirby Commissioner Gordon E. Lacy Commissioner W. H. Webster Also present: Acting Clerk to the Board, Shelly Miller Assistant County Attorney, Lee Morrison Planning Department representative, Lanell Swanson The following business was transacted: I hereby certify that pursuant to a notice dated November 16, 1992, and duly published December 10, 1992, in the Windsor Beacon, a public hearing was conducted to consider the request of Sublette South for a Site Specific Development Plan and Special Review Permit for an open pit sand and gravel mining and materials processing in the A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this a matter of record. Lanell Swanson, Planning Department representative, entered the favorable recommendation of the Planning Commission into the record as written. Ms. Swanson explained that there was a dispute during the Planning Commission hearing which resulted from a misunderstanding with the Division of Water Resources. The Division recommended Development Standard #4, which is actually covered in Condition of Approval #3 concerning the exposing of groundwater. Steve O'Brian, Environmental Inc. , represented the applicant and stated there are 182 total acres, of which 78.25 acres will be mined, and 81 acres will be undisturbed. He said they will mine for ten to fifteen years, creating four ponds. The excess sand will used for dividers, and eventually the ponds will be built back to natural wildlife areas. They will be working closely with the Corps of Engineers and the Division of Wildlife on the mitigation plan. Mr. O'Brian said the ponds will be 8.1 to 22.5 acres with a maximum depth of 30 to 60 feet. He said swimming may materialize, and there will be four-million yards of material to put back into the area. Commissioner Lacy asked why this process is being done before the State permits are issued. Mr. O'Brian explained that process for the State water and mined land permits is very slow, with all other State permits being short term. Commissioner Lacy said he would like to see all permits in hand before mining begins. Mr. O'Brian said that request is agreeable. Commissioner Lacy said he would also like to have a road maintenance agreement on Weld County Roads 93.5 and 42.5 during their high-peak times. Mr. O'Brian said they would work something out with Road and Bridge. After further discussion, the Board suggested a provision be made to require an agreement prior to operation or within 90 days. In response to a question from Commissioner Harbert regarding the recreational traffic, Mr. O'Brian said there are four to six principals who will use the area very little for the first five years. He noted the mining will be completed in 15 years, with an additional 3 to 4 years for reclamation. Mr. O'Brian stated, depending on the market, it will be at least 8 years before any major recreational activity. Still in response to Commissioner Harbert, Mr. O'Brian said their haul route is on Weld County Roads 93.5 and 42.5, with 90% of the traffic going south to Highway 34. He said 35 to 40 trucks per day would be an average during their peak season, with 20 or less trucks per day during the off season. Mr. O'Brian confirmed that 921205 CC' P1, RE: HEARING CERTIFICATION - SUBLETTE SOUTH PAGE 2 they are restricting their haul route. Ms. Swanson suggested adding Condition of Approval #5 to requiring a road maintenance agreement be submitted to the Board within 90 days. Ms. Lacy clarified the agreement should include Roads 93.5 and 42.5 or be restricted to Road 93.5 to Highway 34. Mr. O'Brian stated concern with the large area of Road 42.5. Ms. Swanson said that would be addressed in the agreement to specify maintenance only when hauling on 42.5. There was no public testimony offered concerning this matter. Commissioner Lacy moved to approve the request of Sublette South for a Site Specific Development Plan and Special Review Permit for an open pit sand and gravel mining and materials processing in the A (Agricultural) Zone District, based on the recommendations of the Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards as entered into the record, including the deletion of Development Standard #4 and the addition of Condition of Approval 05. Mr. O'Brian stated that is acceptable. The motion was seconded by Commissioner Webster, and it carried unanimously. This Certification was approved on the 28th day of December, 1992. //Li APPROVED: ATTEST: � 0 iv ( V BOARD OF COUNTY COMMISSIONERS WELD C NTY, COLORADO Weld County Clerk to. th ' Board By: ti,s F�� 7=_ i „ ;i, "� George Ke edy, Chairman Deputy Clerk to the Board onstance L. Harbert, Pro-Tem TAPE #92-44 C. . Ki 5 / DOCKET #92-82 Gor . Lac ,l- PL0893 W. . Webster 921205 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 23rd DAY OF December 1992: DOCKET 11 92-85 - Amended USR - Snyder Oil Corporation DOCKET It 92-82 - USR - Sublette South DOCKET A 92-86 - USR - Burke, Susan DOCKET 1! PLEASE write or print your name legibly, your address and the DOCKET 11 (as listed above) or the name of the applicant of the hearing you are attending. NAME ADDRESS T HEARING ATTENDING T-C?V t,—+( C�,w/4/1.- 7f 4'' CJr4A-Cd 27, ? 5 )L/P c-2 Sa0ZA 41;ih 50,„,.y,,,z)t P0/1 23, c9.-,'4a,oro g,l) /tier /C ateLir /PDX r,AY' t.77' .5-97. :CCii✓C- ,A 9,O,'-,;22 c, / .j,. 442,,/ &kcn i. `3)%(2/ 6c)ce , -� LIrHOo/ ( &51: d'!-?ltlir fie itA� --w Lc )O-e�,-hdl, ,9.7o ( 1,3 C Z 4 '.t Z- 0 5R -4,-,-.1,,L d(4„-i y ToilI CLt y 2 yob GdL l2 y1 817? i/Vava 7/' vley 4,,,it, (?g6l'A!-E TintX. kozi.1VI. L ?4�1J u.-4-VZ LI- gjtSw2w t-&7L ) / t ) <.'/ >C 1 \.. 2 --// ) //// //fir ms ��i'+..., -t-L.-icy ' iy.!/NAic?..l 1 yektln4//7 77 Z7z 3/?/t/ N <i re 14) L:/�1�9CAP/ '2"ic( 1 f .4140 % gc <�,Z� 92/2 ; /J ;' 1 jJ. J J'-1�;' J,',i;-75 „ id / ( ,t �16�iit c/c/fit f ) 11 ,I Cyr; v 1-,vta 7� • (t // I ;)CC.J. 0-vllltwv1, 33LI t 1)1 ' ��0 O-din ,�Q u l %. L art-itQ LH3.�,t_( ALUt0 r�(cO`� AL) J) I o;u,_c-t, / ' `� s" 3 s' tt '`) / 1 ( I / i (t C._C ,c)Ck.l'.I_e.. ` 11 -4.i { (\.,, r��_ \ct q�l LJC (4 C .-16,-1lam., d Z``, 13 �,rl/m^ .)44,- Lcs-n-11V. /7 3 I :� ( , ' ,i ..:,2/ 1J' v/--.cec� , 1) s-13 199E-1le (7 ti(E1.1AC,r .151 C if SC a ('„)t' j o_ 7(').,17 k(i, 7 ( .ii . NOTICE The Board of County Commissioners of Weld County, Colorado, on December 23, 1992, conditionally approved a Site Specific Development Plan and Special Review Permit for the property and purpose described below. Conditional approval of this plan creates a vested property right pursuant to Article 68 of Title 24, C.R.S. , as amended, for a period of three years. APPLICANT: Sublette South 7860 East Berry Place Englewood, Colorado 80111 LEGAL DESCRIPTION: Part of the E of Section 23, Township 4 North, Range 61 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: An open pit sand and gravel mining and materials processing in the A (Agricultural) Zone District SIZE OF PARCEL: 182.63 acres, more or less Failure to abide by the terms and conditions of approval will result in a forfeiture of the vested property right. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN CLERK TO THE BOARD BY: c_ Deputy C1 k to the Board PUBLISHED: December 31, 1992, in the Windsor Beacon AFFIDAVIT OF PUBLICATION STATE OF COLORADO SIM ss The Board of County COUNTY OF WELD Commissioners of Weld County, Colorado, on I, KEITH HANSEN, of said County of Weld, being duly December 23, 1992, conditionally approved a sworn,say that I ant publisher of Site Specific Development Plan and WINDSOR BEACON Special Review Permit for the property and purpose described a weekly newspaper having a general circulation in said below. Conditional County and State, published in the town of WINDSOR, approval of this plan in said County and State; and that the notice, of which creates a vested property right pursuant to the annexed is a true copy, has been published in said Article 68 of Title 24, weekly for / successive weeks, that the notice C.R.S.,as amended,for was published in the regular and entire issue of every a period of three years. number of the paper during the period and time of APPLICANT: Sublette publication, and in the newspaper proper and not in a South, 7660 East Berry supplement, and that the first publication of said notice Place, Englewood,Colorado 80111 was pa per said P a er bearing the date of the / LEGAL DESCRIPTION: r Q-C.c day of - .-n�a-a i , A.D., 19 qv and Part of the Et/2 of Section 23, Township I the last publication bearing the date of the North,Range 61 West of the 6th P.M., Weld day of , A.D., 19_ and County,Colorado that the said WINDSOR BEACON has been published TYPE AND INTENSITY continuously and uninterruptedly for the period of 5 OF APPROVED USE: consecutive weeks, in said County and State, prior to the An open pit sand and date of first publication of said notice, and the same is a gravel mining and materials processing in newspaper within the meaning of an Act to regulate he A(Agricultural)Zane printing of legal notices an advertisements, approved Oletkt May 18, 1931,and all priorlets ar as in force. 812E OF PARCEL: / 162.83 acres, more or less 4 • Failure to abide by the P USHER terms and conditions of approval will result in a Subsc d and sworn to before me this //a day • forfeiture of the vested property right of 191 • BOARD OF COUNTY _LY_.a-e ,Lylr_*,vo _ COMMISSIONERS, //WELD COUNTY, NOTARY PUBLIC COLORADO My commission expires Z f f BY: DONALD D. �/ WARDEN, CLERK TO THE BOARD BY:SHELLY K.MILLER, Deputy Clerk to the 3oard • Published In the wludnr Haves ea Deamiee 31,166 . 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. DOCKET NO: 92-82 APPLICANT Sublette South 7860 East Berry Place Englewood, Colorado 80111 DATE: December 23, 1992 TIME: 10:00 a.m. REQUEST: A Site Specific Development Plan and Special Review Permit for an open pit sand and gravel mining and materials processing in the A (Agricultural) Zone District LEGAL DESCRIPTION: Part of the Ei of Section 23, Township 4 North, Range 61 West of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .5 miles north of Highway 34, east of Weld County Road 93.5 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Betty Henson Deputy Clerk to the Board DATED: November 16, 1992 PUBLISHED: December 10, 1992 in the Windsor Beacon k sot Iir' 0 Pursuant to the zoning Una of the Stale of Colorado andae, Weld County Zoningwill OeOrrme, Afl_IDAVIT OF PUBLICATION a public hearing will be held in the Chambers of the Board of County commleaonen of Weld STATE OF COLORADO County,Colorado,Web Count' Centennial Center.915 10th ss Street, First Floor,Greeley, COUNTY OF WELD Colorado,at the time specified. All persons in any manner interested In the Site Specific I, KEITH HANSEN, of said County of Weld, being duly Development Plan and Special Review Permit are requested to sworn, say that I am publisher of attend and may be heard. Should the applicant or-any WINDSOR BEACON Interested party desire the presence of a court reporter to make a record of the a weekly newspaper having a general circulation in said proceedings,in addition to the taped record which coin be kept County and State, published in the town of WINDSOR, during the hearing,the Clerk to in said County and State; and that the notice, of which the Board's Office shall be advised in writing of such action the annexed is a true copy, has been published in said at least five days prior to the weekly for_ _successive weeks, that the notice hearing. The mat of engaging a court reporter shall be borne by was published in the regular and entire issue of every the requesting party. number of the paper during the period and time of BE IT ALSO KNOWN that the publication, and in the newspaper proper and not in a test and maps so certified by the supplement, and that the first publication of said notice Weld County Planning Commission may be examined was in said paper bearing the date of the in the office of the Clerk to the �,e/ - I Board of county 1#14 day of �6d� 4-wfLAti-, 9 Board located in the .�P A.D., 19 1-- and Wald County Centennial Center, the last publication bearing the date of the 015 10th Street,Third Floor, Greeley.Colorado. DOCKET NO:X112 day of A.D., 19_ and that the said WINDSOR BEACON has been published APPLICANT:Sublette South, continuously and uninterruptedly for the period of 5 7860 East Berry P11oe,Eng consecutive weeks,in said County and State, prior to the 0woEa e 80111 date of first publication of said notice, and the same is a DATE:December 23,1992 newspaper within'the meaning of an Act to regulate TIME:1100■.m. printing of legal notices an advertisements, approved REQUEST: A Site Specific May 18, 1931,and all prior cts r as in force. Development Plan and Special Review Permit for an open pit sand and gravel mining and materials processing in the A (Agdwhura91one DNrki P LISHER LEGAL DESCRIPTION:Part of the E112 of Section 23, SubSc�T i d and sworn to before me this �o day Township 4 North,Range 61 J)� West of the 6th P.M..Weld of l""" 19 97.-- A4:1,44„... unty, adoL CATI N: .5 :274424° LOCATION:Approximatelyway34,east N ARY PUBLIC ofmiss lost n y Roadeast of Weld Cmnty Road 03.5 BOARD OF COUNTY My commission expires. ? Z) /9S'� COMMISSIONERS, WELD COUNTY,COLORADO BY: DONALD D. WARDEN, WELD COUNTY CLERK TO THE BOARD BY:Betty Henson,Deputy Clerk to the Board Published In the Windsor Baleen en December l0th, • - 11ML (>..,++M .tans.- a CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, concerning Docket No. 92-82, was placed in the Unted States mail, postage prepaid, addressed to the following property owners. DATED this 2nd day of December, 1992. Deputy Clerk the Board Roger D. and Jo A. Motley 47527 U. S. Highway 34 Wiggins, CO 80654-5301 Mary Elizabeth Stoll P. 0. Box 312 Sterling, NE 68443 John E. and Lu Ann Jones 3826 Stocksbridge Sugarland, TX 77479 Helen C. Clark Orchard, CO 80649 Thomas H. Connelly 518 17th Street, Suite 1000 Denver, CO 80202 Lower Platte and Beaver Ditch Company 319 Emerson Hillrose, CO 80733 Sublette South % Steve O'Brien 7860 East Berry Place Englewood, CO 80111 WELD COUNTY PLANNING COMMISSION HEARIG MEETINGS November 5 , 1992 Page 6 CASE NUMBER: USR-9 NAME: Robbie J. and imberly Finley ADDRESS : 204 8th St eet, Box 58 , Dacono, CO 80514 REQUEST: A Site Specific Development plan and a Special Review permit for a recreational\ facility (Public Practice Golf Range) in the A (Agricultural) `zone district. LEGAL DESCRIPTION: Part of the E2 NE4 of Section 24, T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: South of Weld County Road 20, west of Weld County Road 13 . Robbie Finley, applicant, explained this application would proceed as a two phase project. Part one will be a traditional driving range (250 feet long/150 feet wide) with cement pads and astro-turf. The second part of the plan will be to seed the course in a new grass being developed (similar to buffalo grass) that will be available in the 1993-1995 time-frame. Tri-Area had no problems with this application due to the fact it will allow for a learners course in the Tri- City area. Jean Hoffman asked how they p anned to water the course and if they own water rights. Robbie Finley said ey do not own water rights, they will water the greens on a regular basis ut the buffalo grass needs only minimal water (once or twice a month) . The Vice-Chairman asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Bud Clemons moved Case Number USR-989, Robbie J . and Kimberly Finley, with the Conditions of Approva).and Development Standards , be forwarded to the Board of County Commissioners/with the Planning Commission's recommendation for approval. Shirley CamenischAseconded the motion. The Vice-Cha}tman asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Jean Hoffman - yes; Juliette groekel - yes ; Don Feldhaus - yes; Shirley Camenisch - yes; Bud Clemons - yes. /notion carried unanimously. CASE NUMBER: USR-990 NAME: Sublette South ADDRESS: 7860 E. Berry Place, Englewood, CO 80111 REQUEST: A Site Specific Development Plan and Special Review permit for open pit sand and gravel mining and materials processing int he A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the E2 of Section 23 , T4N, R61W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately . 5 miles north of Highway 34, east of Weld County Road 93 1/2 . kXII ) tiri C SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING November 5 , 1992 Page 7 Steve O'Brien, representative, Sublette South, explained this request is a straight forward gravel mining operation. There will be 101. 1 total acres mined in 25 acres segments. The wetlands to the south and the river to the north will not be disturbed. The completion of this project will create 4 individual lakes and increase the existing wetlands area. Don Feldhaus asked about residences in the area and hours of operation. Steve O'Brien said the closest residence is 1/2 mile from the proposed site, operating hours would be normal "daylight" hours, and maintenance on the facility would be minimal. Bud Clemons asked what the primary marketing area would be. Steve O'Brien said all different areas. This is a good location for deliveries to Sterling and Ft. Morgan and they are close to Highway 34 and I-76. Jean Hoffman read excerpts of a letter dated October 22, 1992, from Larry Rogstadt, Division of Wildlife, and expressed her concerns about compliance at the state level. Steve O'Brien explained they will furnish the Division of Wildlife an extensive Wildlife study that Sublette South will complete. That includes working with the Corps of Engineers, and covers all air pollution permits, water permits, etc. He said these reports and studies are costly and Sublette South needs approval at the county level before they continue. Jean Hoffman wanted to "go on record" and ask the Board of County Commissioners' to take notice of this letter. She understands the Commissioners are very busy people, look at our minutes and say "everybody said yes, that' s fine, go for it" , or the reverse "don' t go for it" , and they don' t take the time to say "hey" this is something we really need to stay very much on top of and work with whatever agency has the final say, to make sure these things are properly addressed. Lanell Swanson explained most of the issues in this letter deal with and are addressed by the Mined Land Reclamation Board. Shirley Camenisch asked if they had submitted their Mined Land Reclamation plan. Steve O' Brien said not yet. They will put their package together after the Board of County Commissioners has heard their case. Richard Kimmel moved Case Number USR-990, Sublette South with the Conditions of Approval and amended Development Standards, be forwarded to the Board of County Commissioners with the Planning Commission' s recommendation for approval. Juliette Kroekel seconded the motion. The Vice-Chairman asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes ; Jean Hoffman - yes; Juliette Kroekel - yes; Don Feldhaus - yes; Shirley Camenisch - yes; Bud Clemons - yes . Motion carried unanimously. BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION' RESOLUTION OF RECOMMENDATION TO THE BOARD di COT'TtEcofteiS2titIERS Moved by Richard Kimmel that the following resolution be (hei O.duced for passage with the addition of Development Standard Number 3 bii ff4! 1 1d County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-990 NAME: Sublette South ADDRESS: 7860 E. Berry Place, Englewood, CO 80111 REQUEST: A Site Specific Development Plan and Special Review permit for open pit sand and gravel mining and materials processing in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the E2 of Section 23, T4N, R61W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately .5 miles north of Highway 34, east of Weld County Road 93 1/2. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24.7 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: The proposal is consistent with the Weld County Comprehensive Plan Urban Growth Boundary Area goals and policies. The City of Fort Lupton has reviewed this proposal and has recommended approval of the request. The proposal is consistent with the intent of the Agricultural zone district and is provided for as a use by special review. The use which would be permitted will be compatible with the existing surrounding land uses which include irrigated agricultural production, residences, a nursery and the Platte River. The uses which would be permitted will be compatible with the future development of the surrounding area as permitted by the existing zoning. The property is located in the 100-year floodplain. Conditions of approval and development standards address this concern. RESOLUTION, USR-990 Sublette South Page 2 The applicant has demonstrated a diligent effort has been made to conserve productive agricultural land in the locational decision for the proposed use. Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Planning Commission's recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to exposing groundwater or diverting water out-of-priority, evidence shall be provided to the Department of Planning Services that either a gravel pit well permit or a substitute water supply plan has been approved by the State Engineer, Division of Water Resources. 4. Prior to the Special Review activity occurring on this property, evidence shall be provided to the Department of Planning Services that a dust abatement plan has been submitted to and approved by the Weld County Health Department. Motion seconded by Juliette Kroekel. VOTE: For Passage Against Passage Richard Kimmel Jean Hoffman Juliette Kroekel Don Feldhaus Shirley Camenisch Bud Clemons RESOLUTION, USR-990 Sublette South Page 3 The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Sharyn Ruff, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on November 5, 1992. Dated the 5th vember, 1992 Sharyn Ruff Secretary SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Sublette South USR-990 1. The Site Specific Development Plan and Special Review permit for open pit sand and gravel mining and materials processing in the A (Agricultural) zone district as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. The property shall be maintained in compliance with the requirements of the Army Corps of Engineers. 4. The floating area of the pond shall not exceed 25 surface acres. 5. The operator of the facility shall have sufficient equipment available to implement the dust control plan approved by the Weld County Health Department. 6. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 7. Any required Emissions permit shall be obtained from the Air Pollution Control Division, Colorado Department of health for fugitive dust and odors. 8. No permanent disposal of wastes shall be permitted at this site. 9. Fugitive dust shall be controlled on this site. 10. The maximum permissible noise level shall not exceed the industrial limit of 70 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 11. Adequate toilet facilities approved by the Weld County Health Department shall be provided on-site for employees. 12. An individual sewage disposal system, is required for the proposed facility and shall be installed according to the Weld County individual Sewage Disposal Regulations. A vault system is adequate, but does require a permit. 13. Any required NPDES permit shall be obtained from the Water Quality Control Division of the Colorado Department of Health and/or amended, if appropriate for the increased operation. DEVELOPMENT STANDARDS, USR-990 Sublette South Page 2 14. The applicant shall remove, handle, and stockpile overburden, soil, sand, and gravel from the facility area in a manner that will prevent nuisance conditions. 15. The operator shall provide a water supply approved by the Weld County Health Department for human consumption. 16. An Individual Sewage Disposal System permit must be finalized and approved by an Environmental Protection Specialist within one (1) year of the application date. 17. A stormwater discharge permit from the Colorado Department of Health, Water Quality Control Division shall be obtained for all construction activities that disturb more than five (5) acres. 18. The property shall be maintained in compliance with the requirements of the Weld County Flood Hazard Overlay District requirements. 19. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 20. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 21. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 22. The property owner or operator shall be responsible for complying with the operation policies of Section 44.4 of the Weld County Zoning Ordinance. 23. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 24. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 25. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. wit ..tin,) ADDITIONAL COMMENTS Larry Rogstad, District Wildlife Manager, Colorado, Division of Wildlife, expressed concerns with the reclamation of this facility in his October 22, 1992 letter. The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities related to mining and reclamation are under the jurisdiction of the Mined Land Reclamation Board. 4-A 4'7w . INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: Sublette South Case Number: USR-990 Submitted or Prepared Prior to Hearing At Hearing 1. Application 85 pages X 2. 1 Application plat 1 page X 3. DPS Referral Summary Sheet X 4. DPS Recommendation X 5. DPS Surrounding Property Owner' s Mailing List X 6. DPS Mineral Owner's Mailing List X 7. 3 DPS Maps Prepared by Planning Technician X 8. DPS Notice of Hearing X 9. DPS Case File Summary Sheet X 10. DPS Field Check X 11. October 23, 1992, referral from Division of Wildlife X 12. October 21, 1992, referral from Weld County Health Department X 13. October 20, 1992, referral from Division of Water Resources X 14. October 16, 1992, referral from Army Corps of Engineers X 15. October 13, 1992, referral from Colorado Department of Highways X 16. October 19, 1992, referral from Morgan County X 17. October 8, 1992, Letter to applicant X 18. Exhibit A - November 2, 1992, referral from J. Robert Tuck X I hereby certify that the 18 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 November 10, 1992. rr nt Pla e y_— STATE OF COLORADO ) COUNTY OF WELD Sy68tiRIB D AND SWORN TO BEFORE ME THIS )6 day of NOM LW- 19 ( zS,E611/. R ? !, • r U : OTARYR40 %),41p4;.“ ... ;� MyCarmissienexpiresNa „ u21,1995 'ti (Sbrmission Expires r rr,ur EXHIBIT INVENTORY CONTROL SHEFt Case L{S ft— Exhibit Submitted By Exhibit Description I I On A. r, ,,� 2t ��., �L $sk>..-.a 1 q P ►l l i Di /k C. Q ////4i c/a-D. C -11- o 1k,Q 130-u, )'l r c_c- of i{-evin,4� E. F. G. H. I. J. K. L. M. N. 0. P. Q. R. S. T. U. V. W. X. Y. Z. Agitt Til:HIHC DEPARTMENT OF PLANNING SERVICES PHONE(303)358-4000,EXT.4400 i 915 10th STREET GREELEY,COLORADO 80831 IIII i ii C. COLORADO October 8, 1992 CASE NUMBER: USR-990 TO WHOM IT MAY CONCERN: Enclosed is an application from Sublette South for a Site Specific Development Plan and a Special Review permit for open pit sand and gravel mining and materials processing in the A (Agricultural) zone district. The parcel of land is described as part of the E2 of Section 23, T4N, R61W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately .5 miles north of Highway 34, east of Weld County Road 93-1/2. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by October 22, 1992, so that we may give full consideration to your recommendation. Please call , 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. V/ We have reviewed the request and find no conflicts with our interests. Klan aaow5 ix' adequate YZClamaftn& and 5kiabec ewsttnJ o-Airo t or Mtn -VPr of a t ahoy 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. //;; {Please refer to the enclosed letter. ` '-' p �n l Sig 2.. 4 K . C3�1��'�nrgL gency: IONS- Via Spit edlSerdOfW,.UiS ict- -- Date 11 q�qL ` J u c�Jx J( _ ANOV 1 2 1992 Weld Coupraopiug Date: November 5, 1992 CASE NUMBER: USR-990 NAME: Sublette South ADDRESS: 7860 E. Berry Place, Englewood, CO 80111 REQUEST: A Site Specific Development Plan and Special Review permit for open pit sand and gravel mining and materials processing int he A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the E2 of Section 23, T4N, R61W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately .5 miles north of Highway 34, east of Weld County Road 93 1/2. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 24.7 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: The proposal is consistent with the Weld County Comprehensive Plan Urban Growth Boundary Area goals and policies. The City of Fort Lupton has reviewed this proposal and has recommended approval of the request. The proposal is consistent with the intent of the Agricultural zone district and is provided for as a use by special review. The use which would be permitted will be compatible with the existing surrounding land uses which include irrigated agricultural production, residences, a nursery and the Platte River. The uses which would be permitted will be compatible with the future development of the surrounding area as permitted by the existing zoning. The property is located in the 100-year floodplain. Conditions of approval and development standards address this concern. The applicant has demonstrated a diligent effort has been made to conserve productive agricultural land in the locational decision for the proposed use. - Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. rn •'a n. RECOMMENDATION, USR-990 Sublette South Page 2 This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 4. Prior to exposing groundwater or diverting water out-of-priority, evidence shall be provided to the Department of Planning Services that either a gravel pit well permit or a substitute water supply plan has been approved by the State Engineer, Division of Water Resources. 5. Prior to the Special Review activity occurring on this property, evidence shall be provided to the Department of Planning Services that a dust abatement plan has been submitted to and approved by the Weld County Health Department. SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Sublette South USR-990 1. The Site Specific Development Plan and Special Review permit for open pit sand and gravel mining and materials processing in the A (Agricultural) zone district as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. The property shall be maintained in compliance with the requirements of the Army Corps of Engineers. 4. The floating area of the pond shall not exceed 25 surface acres. 5. The operator of the facility shall have sufficient equipment available to implement the dust control plan approved by the Weld County Health Department. 6. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 7. Any required Emissions permit shall be obtained from the Air Pollution Control Division, Colorado Department of health for fugitive dust and odors. 8. No permanent disposal of wastes shall be permitted at this site. 9. Fugitive dust shall be controlled on this site. 10. The maximum permissible noise level shall not exceed the industrial limit of 70 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 11. Adequate toilet facilities approved by the Weld County Health Department shall be provided on-site for employees. 12. An individual sewage disposal system, is required for the proposed facility and shall be installed according to the Weld County individual Sewage Disposal Regulations. A vault system is adequate, but does require a permit. 13. Any required NPDES permit shall be obtained from the Water Quality Control Division of the Colorado Department of Health and/or amended, if appropriate for the increased operation. DEVELOPMENT STANDARDS, USR-990 Sublette South Page 2 14. The applicant shall remove, handle, and stockpile overburden, soil, sand, and gravel from the facility area in a manner that will prevent nuisance conditions. 15. The operator shall provide a water supply approved by the Weld County Health Department for human consumption. 16. An Individual Sewage Disposal System permit must be finalized and approved by an Environmental Protection Specialist within one (1) year of the application date. 17. A stormwater discharge permit from the Colorado Department of Health, Water Quality Control Division shall be obtained for all construction activities that disturb more than five (5) acres. 18. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 19. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 20. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 21. The property owner or operator shall be responsible for complying with the operation policies of Section 44.4 of the Weld County Zoning Ordinance. 22. 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. 23. 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. 24. 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 Larry Rogstad, District Wildlife Manager, Colorado, Division of Wildlife, expressed concerns with the reclamation of this facility in his October 22, 1992 letter. The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities related to mining and reclamation are under the jurisdiction of the Mined Land Reclamation Board. t ae JlUct` Nettie tttt4 kef r trey tOntiN n 20. Box 4i Htllros Colorado 80133 November 2, 1992 Rick L. Sandquist Sublette South 7860 E. Berry Place Englewood, CO 80111 pear Ricki This letter shall serve to confirm that you , as the land owner, have informed us of the proposed dredge and fill operations in Section Township Colorado . Thisge l West of operationthe may6th take. place within welde county, drainage ditches and structures of whehin r feet of existing but not closer than 50 the Lower Platte and Beaver Canal Company, feet from the center line of said drainage ditch. It is acknowledged and mutually agreed by the parties hereto that there will be no injury to the rights of the Lower Platte and Beaver Canal Company and we have no objections to the proposed dredge and fill operation as described above. Sincerely, Lower atte a Beaver Canal Company C . Robert Tuck, President • EXHIBIT 1 u5�0 _ J LAND-USE APPLICATION SUMMARY SHEET Date: October 29, 1992 CASE NUMBER: USR-990 NAME: Sublette South ADDRESS: 7860 E. Berry Place, Englewood, CO 80111 REQUEST: A Site Specific Development Plan and a Special Review permit for open pit sand and gravel mining and materials processing in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the E2 of Section 23, T4N, R61W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately .5 miles north of Highway 34, east of Weld County Road 93 1/2. SIZE OF PARCEL: 182.63 acres, more or less. POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this Special Review permit is listed in Section 24.3 of the Weld County Zoning Ordinance. Referral responses have been received from: Colorado Department of Transportation. Army Corps of Engineers. Weld County Health Department State Engineer, Division of Water Resources Morgan County Divison of Wildlife No objections have been received by Weld County Planning Services' staff from the surrounding property owners. Vin.-fin I 44 ' —---- i r — d_ 58 j 1 T5N.. . 56 1i 54 52 �� 50 • •H ,„• . : —_ u u u w r r u u u N i` ' / r u u ,> ' •' a'•r.ro-. 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M ` As • '-dre. ry x ..r r QQS " ... . .M.�>Fpa ., fr� :.-# t. • W (if' pi.,�' ii • dart' °. .e.r ' ,. r WF. ' 4 is f +R.,. Ft•. • ,,.,.r_.w `'v ::' , z_ art r �•. rtu: E i ..it Vie{ `\,^,.._ ti- ri. 's y F(.. 1 Si q y rt { it 1. �r£ `f.,4,3; .333 f y}` - .e��uill�ft„ e "x., x. sack� ¢ kiG• ,. is y^ •Qi a.» T' ""' q�{- a it A sue- ' r, Y 'a e tp uS • ;11* tx tit s 3 ' .rY•. . ' za R{jS; r �(�((E�yyyyyy,rrr•s*n .. `c •R ' • ,i. �4F My�t JI- i..: tgn.'. �w. ,R.. AY r •..�h.' Y R _`- r • • as 4 y 4 r Y.. le, r i ' a k.....-0..r' ... +y *94 „y w �p • ! is ' .t. t ' _ , 0,c414.014., 7' l",;.-.„ap kt z rr.s; a h = " ;ax + ' to yA .'"“''. °. is z e aO. < - a a t c $ ti r ¢' r"../4. ' FIELD CHECK FILING NUMBER: USR-990 DATE OF INSPECTION: October 1, 1992 APPLICANT'S NAME: Sublette South REQUEST: A Site Specific Development Plan and a Special Review permit for an open pit sand and gravel mining and materials processing in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the E2 of Section 23, T4N, R61W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately .5 miles north of Highway 34, east of Weld County Road 93-1/2. LAND USE: N River. E River bottom pasture. S Weld County Road 42.5, pasture, agricultural production. W River bottom pasture. ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: Access is from Weld County Road 42-1/2, a gravel County local. The entire property is in river bottom pasture. u rent y er REFERRAL LIST NAME: Sublette South CASE NUMBER: USR-990 REFERRALS SENT: October 8, 1992 REFERRALS TO BE RECEIVED BY: October 22, 1992 COUNTY TOWNS and CITIES Attorney Ault X Health Department _Brighton _Extension Service _Broomfield Emergency Management Office Dacono Sheriff's Office _Eaton X Engineering Erie _Housing Authority _Evans Airport Authority Firestone _Building Inspection _Fort Lupton _Frederick STATE _Garden City X Division of Water Resources _Gilcrest _Geological Survey _Greeley _Department of Health _Grover X Highway Department Hudson _Historical Society _Johnstown Water Conservation Board _Keenesburg X Mined Land Reclamation _Kersey X Division of Wildlife La Salle FIRE DISTRICTS Lochbuie Ault F-1 Longmont _Berthoud F-2 Mead Briggsdale F-24 Milliken _Brighton F-3 New Raymer _Eaton F-4 _Northglenn Fort Lupton F-5 _Nunn Galeton F-6 Platteville _Hudson F-7 Severance _Johnstown F-8 Thornton La Salle F-9 _Windsor Mountain View F-10 Milliken F-11 COUNTIES _Nunn F-12 Adams _Pawnee F-22 _Boulder Platteville F-13 _Larimer _Platte Valley F-14 X Morgan Poudre Valley F-15 FEDERAL GOVERNMENT AGENCIES Raymer F-2 X US Army Corps of Engineers _Southeast Weld F-16 USDA-APHIS Veterinary Service Windsor/Severance F-17 _Federal Aviation Administration X Wiggins F-18 _Federal Communication Commission _Western Hills F-20 SOIL CONSERVATION DISTRICTS OTHER X Brighton Central Colo. Water Conservancy Dist. _Fort Collins Panhandle Eastern Pipe Line Co. Greeley _Tri-Area Planning Commission Longmont West Adams COMMISSION/BOARD MEMBER X Juliette Kroekel STATE OF COLORADO u g_5.(Ti REFER TO Roy Romer, vernor DEPARTMENT OF NATURAL RESOURCES OCT 2 3 1992 oW�o o. DIVISION OF WILDLIFE i-\ _ • AN EQUAL OPPORTUNITY EMPLOYER Weld Conti Plan _ a Perry D. Olson, Director • s 8060 Broadway Denver, Colorado 80216 N OF Telephone: (303) 297-1192 For ldl(fe— Larry Rogstad, District Wildlife Manager For People Current Planner, Dept. of Planning Services 10/22/92 Weld County 915 10th street Greeley, Colorado 80631 Case Number USR-990 To Whom It May Concern: Representatives fran the Division of Wildlife met with Mr. Rick Sandquist, of WILDland MANagenent Services, on the Orchard Pit site. We have also reviewed the USR application Submitted by Sublette South for the proposed mining opera- tion. In this letter you will find the Division's camtents on this plan. The site is in the South Platte River bottan. Low elevation riparian habitat is the most important wildlife habitat in our state. The close association of irrigated ag. fields, cottonwood/willow forest, sloughs, cattail marsh, and river bottom pasture creates a haven for a very diverse wildlife resource. In this area one can camtonly see: wild turkey, whitetail and mule deer, several species of waterfowl, a wide variety of furbearers and small game, songbirds raptors, and numerous species of small vertebrates. All are dependent on this relatively undisturbed river bottom. There are significant wetlands on this parcel. Wintering bald eagles are a eutimn occurance in this area. There has been attempted nesting by bald eagles during the last five years on adjacent properties upstream fran this site (less than one mile), and approximately four miles east of the site. There was a reliable siting of river otters on the South Platte just west of Orchard, Colorado in the fall of 1991 . River otters and bald eagles are both on the Endangered Species List for Colorado. Obviously, this property lies in a crucial wildlife habitat. Changes in land lice in this area should take its importance for wildlife into account. The goal should be to main- tain the integrity of this habitat and, if possible, to increase its diversity. Mining of this site will undoubtedly create a temporary disturbance. Reclamation of the site can,if done with care and consideration, achieve the goal of increasing habitat diversity. The key to reclamation is careful planning, and diligent imple- mentation of the reclamation plan. Anything less may leave an ugly scar in one of Weld County's most important natural resource areas. The Division appreciates the efforts of Mr. O'Brian and Mr. Sandquist in putting together the plan for this proposal. The reclamation plans for the upland areas of the mine are well researched and carefully laid out. Details concerning wet- land mitigation and reclamation are missing fran this plan. We realize that information on this will be forthcoming through negotiations with the Corps of Engineers. However, until the Division has the chance to review the wetland plan it is difficult to endorse the proposal as a whole. On the following page you will find several suggestions that may be included in the reclamation plan for the Orchard Pit. DEPARTMENT OF NATURAL RESOURCES, Hamlet J. Barry, Executive Director WILDLIFE COMMISSION, William R. Hegberg, Chairman • Dennis Luttrell,Vice Chairman • Eldon W. Cooper, Secretary Felix Chavez, Member • Rebecca L Frank, Member • Louis F. Swift, Member• George VanDenBerg, Member • Larry M. Wright, Member 1. The installation of additional fencing be kept to a minimum. If additional fencing is needed it should be designed and installed to minimize the risk for deer and other wildlife that may move through the property. The Division can suggest appropriate fence designs for this purpose. 2. The seed mix suggested by the S.C.S. provides a diverse seeding that should do well at the site. It is important that the proper variety of each grass sp. be selected for seeding. The following varieties, listed in hold print for each grass species,would make a good choice. Big Bluestein-Raw Yellow Indiangrass-Llano,C2 eyes e,or Otto Sand Bluestein-Elide, or Garden Prairie Sandreed-Goshen Little Bluestein-Lovington western Wheatgrass-Arriba Switchgrass-Grenville, Blackwell, or Nebraska 28 Since the reclaim site will be situated in an area with a high water table it may be appropriate to reverse the relative amounts of Big Bluestein and Sand Bluestem in the mixture. Big Bluestem does better in moister settings. Additionally, if a seed source can be found it would be good to add Prairie Cord- grass (available variety) at the rate of 0.6 Lbs. PLS/acre to the mixture. This cordgrass is a native species adapted to sloughs and wet drainages. Since it forms a sod it could play an important role in stabilizing the shoreline. It can also produce nesting cover. On upper slope sites Side Oats Gramma (Vaughn, Winer, or Backnll) at 1 .35Lbs.PLS/acre could be added for diversity. Purple Prairie Clover (Ranab) at .1 Lb.PLS/acre should be added as a legume nitrogen fixer. The use of yellow or white sweet clover should be avoided in the seed mix. These plants would flourish for two years at the cost of the newly planted grass. To increase site diversity small plots of sweet clover could be established to pro- vide food and cover in specific locations on the parcel. 3. Prior to seeding,upland sites should be manured to increase organic content and to bank nutrients. Phosphorus should be applied at the rate of 40Lbs/acre. Since nitrogen is water soluble it should be applied after seed germination. 4. Fall planting would be best. But seeding could occur any time through mid April. 5. Pond shape and contour should be highly irregular. Islands and loafing areas should be created for nesting/resting habitat. Old tree trunks or large rocks can be placed in shallows to increase resting cover. Pond bottoms should be uneven and the use of structure will increase fishery potential. 6. Since shorelines will be created using the waste sand from mining/control of erosion should be a major emphasis of the reclamation plan. Use of sod forming, wetland grass species like Prairie Cordgrass, Reed Canarygrass, or Phragmites along the shoreline, especially in leeward areas, could help hold soils and de- crease pond turbidity. These species also make dense stands of cover suitable for waterfowl nesting. Willow plantings can also hold shorelines, and provide cover. Plantings of emergent aquatic plants like smartweeds, bulrush, Bur-Reed, and Potamogeton can break up wave action and provide cover. Other plants like duck potato, duck weed, wild millet, and arrowhead can be established to provide food and cover for waterfowl. 7.Woody plants should be established throughout the site for increased hetero- geneity. In addition to the plants mentioned in the reclamation plan the appli- cants could work with wild rose, grape, snowberry and other plant species that help hold soil, provide food and cover for wildlife. Cottonwood plantings should include male and female trees. Other tree species will grow along the river. Trees should be replaced at a minimum of one for each tree removed. Dead snags should be left standing if they are not a safety concern. 8. Since River Otters may be in the area1special care should be given if trapping is used to control nuisance wildlife. It would be helpful to survey the river, sloughs, and pond shorelines for otter sign before setting traps for beaver, mink or muskrat. 9. Warm water sloughs/ditches found on the property should not be rerouted into the gravel ponds. The warm water ditches along the river bottom provide crucial habitat that holds waterfowl long after freeze up. Running warm water ditches into still water will decrease the amount of open water available for waterfowl forcing ducks out of the area. 10. Finally, wetland preservation is essential to managing natural resources. The goal of any land use proposal involving wetlands should be no net loss of the wet- lands. Acre for acre replacement for destroyed wetlands should be a minimum ob- jective in this plan. If you have any questions concerning the information in this letter, feel free to contact me at 352-2143. I look forward to working with Mr. Sandquist on this pro- ject. Best Regards, Larry Rogstad cc Rick Sandquist Rick Moss, D.O.W. file mEmORAf1DUm fiw W IlD o Current Planner To Weld County Planning Date October 21, 1992 COLORADO From John S. Pickle, M.S.E.H. , Director, Environmental Heald Subject: Case Number: USR-990 Name: Sublette South Environmental Protection Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. Any required Emissions Permit is obtained from the Air Pollution Control Division, Colorado Department of Health for fugitive dust and odors. 3. No permanent disposal of wastes shall be permitted at this site. 4. Fugitive dust shall be controlled on this site. 5. The maximum permissible noise level shall not exceed the industrial limit of 70 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 6. Adequate toilet facilities shall be provided for the employees. 7. An individual sewage disposal system, is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. A vault system is adequate, but does require a permit. 8. Any required NPDES Permit shall be obtained from the Water Quality Control Division of the Colorado Department of Health and/or amended, if appropriate for the increased operation. 9. A dust abatement plan shall be submitted to the health department for approval prior to operation. The facility shall have sufficient equipment available to implement the dust control as required by the health department. 10. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility area in a manner that will prevent nuisance conditions. V cJ °CT 2 2 1992 \I Weld County Planning Sublette South USR-990 October 21, 1992 Page 2 11. The Division requires that this facility provide an approved water supply for human consumption. An approved permitted well would be adequate to meet this standard. 12. Individual Sewage Disposal System permit must be finalized and approved by an Environmental Protection Specialist within one (1) year of the application date. 13. After October 1, 1992, all construction activities that disturb more than five (5) acres will be required to obtain a stormwater discharge permit from the Colorado Department of Health, Water Quality Control Division. JSP/jg-2183 c4,y. ;J STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources ��. Department of Natural Resources ifv . .; 1313 Sherman Street,Room 818 -!•11376_./ Denver,Colorado 80203 Phone(303)866-3581 Roy Romer FAX(303)866-3589 Governor Ken Salazar Executive Director October 20, 1992 Hal D.Simpson State Engineer Department of Planning Services 915 10th Street Greeley, CO 80631 RE: Sublette South Orchard Pit, No Known MLRD No. NE 1/4, Section 23, T4N, R61W, 6th P.M. Water Division 1, Water District 1 To Whom It May Concern: Thank you for the referral for the proposed gravel mining operation located 3.5 miles east of Masters along the South Platte River. The applicant has stated in the report, Use by Special Review Application, Mining Permit, October 1992, that this will be a wet operation year round lasting approximately 15 years. The floating area of the pond should not exceed 25 surface acres. Pursuant to C.R.S. 37-90-137(11), "No person shall (in the extraction of sand and gravel)...expose ground water to the atmosphere unless said person has obtained a well permit from the State Engineer...A well permit shall be issued upon approval by the water court of a plan for augmentation or upon approval by the State Engineer of a plan of substitute supply." The applicant is aware of this process as stated in his response to Weld County Zoning Ordinance Section 24.5.1.1 According to our files, the applicant has not made an application for either the gravel pit well permit application or the request for a substitute water supply plan. Prior to exposing groundwater or diverting water out-of-priority, the applicant must have approval from this office for such purposes. Based on the lack of proper submittals and approvals, this office can not recommend approval for that portion of this plan which will divert water out-of-priority. Should you have further questions or comments regarding our process, please contact me at the above address. S' erely, fir et‘‘fr'L...., J y T. ppington 0' t ter Resource Engineer cc: Alan Berryman, Division Engineer caj Mabel Cunning, Water Commissioner Bruce DeBrine \ ocS 2 3 1992 \\I weld County planning wNT °F DEPARTMENT OF THE ARMY =' y� CORPS OF ENGINEERS,OMAHA DISTRICT TRI-LAKES PROJECT OFFICE,9307 STATE HWY 121 ° M LITTLETON,COLORADO 80123-6901 MIEN&of October 16, 1992 Department of Planning Services 915 10th Street Greeley, Colorado 80631 Current Planner: Reference is made to the Sublette South Orchard Pit open pit sand and gravel mining project (case No. USR-990) located in Section 23, Township 4 North, Range 61 West, Weld County, Colorado. This project is assigned project #199280315. This office should be contacted by the project proponent for proper Deparment of the Arm permits. If you have any questions, please call Ms. Sandra Laney at (303) 979-4120. Sincerely, Tim Car Project Manager Enclosure a jA OCT 2 1 1992 \\ Weld County Planning STATE OF COLORADO DIVISION OF HIGHWAYS q "" 3gR�4NT OR %, P.O. Box 850 3 Greeley, Colorado 80632-0850 (303) 353-1232 a° shMy ov co.°j Weld Co. , S.N. 34 Sublette South - Orchard Pit, 0.5 Mi . North of S.H. 34 at C.R. 93. 5 October 13, 1992 Current Planner Department of Planning Weld County 915 Tenth Street Greeley, CO 80631 Dear Planner: We have reviewed the application from Sublette South and we have the following comments: The County is reminded that "Vehicular use and operation of public accesses (county roads and municipal streets) to the state highway is the responsibility of the appropriate local authority. The local authority should maintain access conformance with the code to the extent feasible and practicable within statutory and public funding limitations." Thank you for the opportunity to review this proposal . Please contact me at 350-2163 if you have any questions. Very truly yours, Evan A. oo r, Jr. Development/Access Coordinator EAH/cm cc: L. D. Yost G. E. Sisson File U c� OCT 191992 Weld County Planning DEPARTMENT OF PLANNING SERVICES PHONE(303)3564000,EXT.4400 ' 915 10th STREET GREELEY,COLORADO 80631 C. COLORADO October 8, 1992 CASE NUMBER: USR-990 TO WHOM IT MAY CONCERN: Enclosed is an application from Sublette South for a Site Specific Development Plan and a Special Review permit for open pit sand and gravel mining and materials processing in the A (Agricultural) zone district. The parcel of land is described as part of the E2 of Section 23, T4N, R61W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately .5 miles north of Highway 34, east of Weld County Road 93-1/2. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by October 22, 1992, so that we may give full consideration to your recommendation. Please call , 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 review d t e reques and find no con lic s with our interests. fB AA ti ,Lp/tiyas,re - 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. lea a refer to the enclosed letter. //�� Signed: Agency: tbAZOAi ealitc Date: /1)-1/4? cl\FF OCT 2 3 199,E Weld County Planning 921 2 c THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF- WAY. IN THE EVENT THE PROPERTY UNDER CONSIDERATION IS NOT ADJACENT TO A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY, THE APPLICANT SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. PLANNING COMMISSION SIGN POSTING CERTIFICATE I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING COMMISSION HEARING FOR CASE # l), ,R.. gig () THE SIGN WAS POSTED BY: NAME OF PERSON STING SIGN /4-;,•• 5:-.6/e,11- -Coe. fc SIGNATURE OF PP%I STATE OF COLORADO ) ) ss. COUNTY OF WELD ) SUBSCRIBED AND SWORN TO ME THIS DAY OF , 19 'Cir:)-(7 �)00 1J� SEAL . `1� V ,J 1 . Y . - - • v., 06, fa.,4--,-, . f.:, , i . pt.' NOTARY PURL , ` .. .. `� C6Th11 G 2. ss oLa;'ac21,t^?S . MY COMMISSION EXPIRES ""iimA�N�r``5(, tiy LAST DAY TO POST SIGN IS: , 19 . PLEASE RETURN THIS FORM TO THE DEPARTMENT OF PLANNING SERVICES' OFFICE ON OR BEFORE THE DATE OF THE HEARING. y [�7r[,7`�r 5� OCT2 " 1YY r Weld County Piannin 321205 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-990 for Sublette South in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list. this 13th day of October, 1992. 9212.'15 • a DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 915 10th STREET GREELEY,COLORADO 80831 COLORADO DATE: October 8, 1992 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: USR-990 There will be a Public Hearing before the Weld County Planning Commission on Thursday, November 5, 1992, at 1:30 p.m. , in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado concerning the request of: NAME: Sublette South FOR: A Site Specific Development Plan and a Special Review permit for open pit sand and gravel mining and materials processing in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the E2 of Section 23, T4N, R61W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately .5 miles north of Highway 34, east of Weld County Road 93-1/2. Your property is within five-hundred (500) feet of the property on which this request has been made. For additional information write or telephone Lanell Swanson, Current Planner. 9212C5 SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATE/MINERAL OWNERS Sublette South USR-990 Roger D. and Jo A. Motley 47527 U.S. Highway 34 Wiggins, CO 80654-5301 Mary Elizabeth Stoll P.O. Box 312 Sterling, NE 68443 John E. and Lu Ann Jones 3826 Stocksbridge Sugarland, TX 77479 Helen C. Clark Orchard, CO 80649 Thomas H. Connelly 518 17th Street, Suite 1000 Denver, CO 80202 Lower Platte and Beaver Ditch Company 319 Emerson Hillrose, CO 80733 9212!'5 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property Sublette South 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 feet of the property under consideration 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 days of the application' s submission date. Stevan L. O'Brian The foregoing instrument was subscribed and sworn to before me this 2 day C) ,O,1_ , ,9 9.2, by r'1/gy1 L li (RI",a i/k WITNESS my hand and official seal. MY Commission expires: My COrlrria =n plies September 10, 1994 r�%'�� p0a H.ia'wa�uSY��iyortb Blvd. Notary 4�p;6b c /q�/ �'i{."'.T B i;idiur, CO &1030 �t4eto1"u pie La'7�"lGd ✓L-� My Commission Expires: 9212(15 ADJACENT OWNERS PARCEL WITHIN 500 FT. ID NUMBER Sublette South 1047-23-0-009 7860 E. Berry P1. Suite #202 1047-23-0- Englewood, CO 80111 Sublette Land and Cattle Company 1047-14-0-003 C/O Sublette General Partners 1047-23-0-020 7860 E. Berry P1. Suite #202 Englewood, CO 80111 Motley, Roger D. and Jo A. 1047-24-0-028 47527 U.S. Highway 34 Wiggins, CO 80654-5301 Stoll, Mary Elizabeth 1047-24-0-023 P.O. Box 312 Sterling, NE 68443 Jones, John Edward and Lu Ann 1047-23-0-030 3826 Stocksbridge Sugarland, TX 77479 Clark, Helen C. 1047-23-0-008 Orchard, Co 80649 Connelly, Thomas H. & 1047-14-0-004 Munn, Gurnee, III 1047-13-0-013 c\o Thomas Connelly 1047-24-0-027 518 17th St. Suite 1000 Denver, CO 80202 Lower Platte & Beaver Ditch Co. None 319 Emerson Hillrose, CO 80733 921205 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE ESTATE Application No. Subject Property Sublette South STATE OF COLORADO ) ss COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land under as their names appear upon the records in the Weld County Clerk and Recorder' s Office or from an ownership update from a title or abstract company or an attorney. i fe(Stevan L. O' Brian The foregoing instrument was subscribed and sworn to before me this day of 9(:6-N//t, , 19_2;2WITNESS my hand and official seal. My Commission Expires: MyCOTSl^1?:+7 F."71;,7S sCrIBbEf 10, 1004Not r`Public _.. ^) t „d h Y cy4 rib 1/) AePGVMal s/` 9212e5 MINERAL OWNERS FOR THE PROPERTY SAND AND GRAVEL Sublette South 7860 E. Berry P1. Suite #202 Englewood, CO 80111 UNDIVIDED 'A INTERESTS IN OIL, GAS AND OTHER MINERAL RESERVES Jess M. Penfold and Pauline B. Penfold Book 488, Reception # 1416314 recorded September 4, 1961 Glen Wollfolk, et. al. Book 489, Reception # 1416574 recorded September 6, 1961 18 921205 DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 915 10th STREET WILD GREELEY,COLORADO 80631 C COLORADO October 8, 1992 Sublette South 7860 E. Berry Place Englewood, CO 80111 Subject: USR-990 - Request for a Site Specific Development Plan and a Special Review permit for open pit sand and gravel mining and materials processing in the A (Agricultural) zone district on a parcel of land described as part of the E2 of Section 23, T4N, R61W of the 6th P.M. , Weld County, Colorado. Dear Sirs: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Planning Commission for Thursday, November 5, 1992, at 1:30 p.m. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members might have with respect to your application. It is the 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 October 22, 1992, 1992, you or a representative should call me to obtain a sign to be posted on the site no later than October 25, 1992. The sign shall be posted adjacent to and visible from a publicly maintained road right-of-way. In the event the property under consideration is not adjacent to a publicly maintained road right- of-way, the applicant shall post one sign in the most prominent place on the property and post a second sign at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. Your sign posting certificate must be returned to the Department of Planning Services' office on or before the date of the hearing. 9212 '5 Sublette South, USR-990 October 8, 1992 Page 2 The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four (24) hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services' office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please feel free to call me. Respe tfully, n nell J. son Current Planner pc: Stevan L. O'Brian, Environment, Inc. 7985 Vance Drive, Suite 205A Arvada, CO 80003 9212^5 innellinal AFFIDAVIT OF PUBLICATION The Weld c..•n PMeta6 Cem■.r.SO MM•Pile harmp an Thursday,Novenbr STATE OF COLORADO 6,1002,at 1:30 p.nt for the SS purpose of consldermg•Site Specific Development Plan and COUNTY OF WELD •Special Review permit for the Approval oa described erequest stmay I, KEITH HANSEN, of said County of Weld, being duly d the below.may crests•vested properly right sworn,say that I am publisher of pursuant toCdoradoL•a. APPUCANr:Sublets South WINDSOR BEACON LEGAL DESCRIPTION:Pad of the E2 of Section 23,m 74N,R81 a weekly newspaper having a general circulation in said coudow y,Cek of tw rado.6th P.M.,Weld County and State, published in the town of WINDSOR, TYPE AND INTENSITY OF in said County and State; and that the notice, of which PROPOSED USE:Open Pit the annexed is a true copy, has been published in said sand and gravel mining and weekly for successive weeks, that the notice materialsprocessing m the A was published in the regular and entire issue of every 1Agdw6waD c boos atrial LOCATION:Approximately.6 number of the paper during the period and time of See north ol Highway ,East publication, and in the newspaper proper and not in a of Weld Courdy Road NAG. supplement, and that the first publication of said notice SIZE: 182.83 acres,more or was in said paper bearing the date of the No. The punk heading sill be held IS-- day of Ott.0 ho-r , A.D., 19 Q? and In the Weld County the last publication bearing the date of the ' Commlekn•r.Nearing Room First Floor, Weld County Centennial Center,016 Tenth day of , A.D., 19_ and Comm Greeley, Colorado. that the said WINDSOR BEACON has been published t Comments above or e•uetbm related to the submitted request should es continuously and uninterruptedly for the period of 5 County In rumen to"�Weld consecutive weeks,in said County and State, prior to the Services, s,9116 nt d Planning s•rekes,etfi Tenth corset, date of first publication of said notice, and the same is a Colorado 342,Greeley Coado 80631,adore the sows date or newspaper within the meaning of an Act to regulate presented t the public hearing printing of legal notices an advertisements, approved an November 6,1092. May 18, 1931, and all prior cts r as in force. Copies of the appgaalton are available for pubic irupection in the Department fo PlanningWeld Services, Room 342. W County C•nt•nnm Center,915 c P LISHER Tenth Street,Greeley,Colorado 801131 - Phone- 366-4000. it Extabn4103. Subscri and sworn to before me this 30 Extension day of 19 q7.- BY:Judy Yamaguchi,Chairman. Weld County Planning Corrde•bn revenue l■aiurS • NOTARY PUBLIC raeea MOM141t tNL My commission expires CL17 ?i / ' J I NOV 0 4 1992 ci f -- Weld County Planning 921205 WELD COUNTY, COLORADO USE BY SPECIAL REVIEW APPLICATION for MINING PERMIT 2 1992 k\ Weld County Department of Planning Services, 915 10 Street Colorado, Phone 356-4000, Extension 4400 Weld Count!Pinning For Department of Planning Services Use Only Case Number: VS/2 (7(./-6' Date Application Received: ID - a -Q PC Hearing Date: Section: , Township: 1 North, Range: 4 / West Zoning District: /loci LL b/ u vt, Recording Fee: Permit Fee: I Cpa UU *coADO Recording Fee Receipt 0: Receipt Number: in 7931 I b bn 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 (gravel, coal, borrowpit , etc.) mining operation for the following described unincorporated area of Weld County: LEGAL DESCRIPTION Part of the SWINE% and NE4SE4 and all of the NEyNEI, SE4NE4 and NW4NE4, Sec. 23, T.4N. , R61W. , 6th P.M. , Weld County Colorado. TOTAL ACREAGE: 182.63 2. Surface owner(s) of area of land described Name: Sublette South Address: 7860 E. Berry P1 Phone:(3O3) 694-3543 Name: Address: Englewood, Co Phone: 80111 3. Owner(s) of mineral rights to substance to be mined Name: Sublette South Address: 7860 E. Berry P1. Phone: 694-3543 Name: Address : Englewood, Co Phone: 80111 4. Source of applicants' legal right to enter and to mine on the land described: Deed of Trust (Attached certified copy of any document noted to the back of this form) 5. Address of applicant and general office Applicants address: Sublette South Phone: 694-3543 General Office address: 7860 E. Berry P1 #2O2 Phone: Englewood, Co 80111 6. Identify any prior permits for mining held by applicant or affiliated person: Sterling Ready-Mix Concrete Co. the operator has 3 active mining operations in Logan County, they lave 3 opera - tions that are reclaimed and released by the MLRB. 921205 7. Description of Operation a. Types and number of operating an processing equipment to be employed: Gravel dredge, dragline_ scrapers (7) , frontend loaders . buldozer. haul trucks_ and maintanre equipment b. Maximum number of employees: 20 , and number of shifts: 1r' c. Number of stages to be worked: None , and periods of time each is to be worked: Mining should last for 15 years. d. Thickness of mineral deposit: 60 feet, and thickness of the overburden: 5 in. . e. This will be a ® dry pit operation. f. Site entrance/exit points and county roads and bridges to be utilized between site and delivery point(s) (must be coordinated with County Engineer) : The entrance will be via an existing road from the Intersection of WCR 93. 5 and 42. 5 . This road was the access to the Sublette Siding North of the River. 8. Description of Rehabilitation a. Proposed rehabilitation land use(s) : Wildlife Habitat Reserve b. Source of technical advice for reclamation: Environment, Inc. Soil Conservation Service, WILDland MANagement Services ERO Resources, Corp. c. Explanation of Reclamation Process: Lands will be reclaimed into 4 lakes with surrounding lands revegetated. The types of Vegetaion will becompatable with the intended final use. Reclamation will run concurrent with mining. I hereby depose and state under the penalties of perjury that 1. statements, proposals and/or plans submitted with or contained within '",th'tg`!app?lication are true and correct to the best of my knowledge. }7iyTY 0r ,. ARAPAHOE STATE O_F COLORADO tp L` V - S LETT SOUTH, ae S gnature: Owner Mana utina Partner Agent Subscribed and sworn to before me this 29 day o September , 19 92 SEAL Q�J N TARY Y I My Commission expires July 9, 1994 921205 7. Description of Operation a. Types and number of operating an processing equipment to be employed: Gravel dredge. dragline, scrapers (2) , frontend loaders . buldozer, haul trucks, and maintanre equipment b. Maximum number of employees: 20 , and number of shifts: 2(: c. Number of stages to be worked: None , and periods of time each is to be worked: Mining should last for 15 years. d. Thickness of mineral deposit: 60 feet , and thickness of the overburden: 5 in. . e. This will be a ® dry pit operation. f. Site entrance/exit points and county roads and bridges to be utilized between site and delivery point(s) (must be coordinated with County Engineer) : The entrance will be via an existing road from the Intersection of WCR 93. 5 and 42. 5 . This road was the access to the Sublette Siding North of the River. 8. Description of Rehabilitation a. Proposed rehabilitation land use(s) : Wildlife Habitat Reserve b. Source of technical advice for reclamation: Environment , Inc. Soil Conservation Service, WILDland MANagement Services ERO Resources, Corp. c. Explanation of Reclamation Process: Lands will be reclaimed into 4 lakes with surrounding lands revegetated. The types of Vegetaion will becompatable with the intended tinal use. Reclamation will run concurrent with mining. I hereby depose and state under the penalties of perjury that 1 statements, proposals and/or plans submitted with or contained within ,thka;apglication are true and correct to the best of my knowledge. _ ot. ARAPAHOE _ty'�� U) :5, N ,,STATE OF Y- COLORADO LIU ti S, LETT SOUTH, J r S gnature: Owner Authorized Agent Managing Partner Subscribed and sworn to before me this 29 day o September , 19 92 SEAL N6� I My Commission expires July 9, 1994 9212^5 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 il: 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 (gravel, coal, borrowpit , etc.) mining operation for the following described unincorporated area of Weld County: LEGAL DESCRIPTION Part of the SWkNE3/4 and NE4SEs and all of the NEkNE;, SE4NE4 and NW4NEs, Sec. 23, T.4N. , R61W. , 6th P.M. , Weld County Colorado. TOTAL ACREAGE: 182. 63 2. Surface owner(s) of area of land described Name: Sublette South Address: 7860 E. Berry P1 Phone:(303) 694-3543 Name: Address: Englewood, Co Phone: 80111 3. Owner(s) of mineral rights to substance to be mined Name: Sublette South Address: 7860 E. Berry P1. Phone: 694-3543 Name: Address: Englewood, Co Phone: 80111 4. Source of applicants' legal right to enter and to mine on the land described: Deed of Trust (Attached certified copy of any document noted to the back of this form) 5. Address of applicant and general office Applicants address: Sublette South Phone: 694-3543 General Office address: 7860 E. Berry 21 #202 Phone: Englewood, Co 80111 6. Identify any prior permits for mining held by applicant or affiliated person: Sterling Ready-Mir Concrete Co. the operator has 3 active mining operations in Logan County, they have 3 opera - tions that are reclaimed and released by the MLRB. 921205 TABLE OF CONTENTS PAGE # SECTION 2 (44.7.) 1 SECTION 6 (24.7.1) 6 EXTRACTION PLAN MAP (44.2.) 11 WELD COUNTY ZONING ORDINANCE SECTION 24.5 COMPLIANCE DEMONSTRATION (24.5.1 THRU 24.5.11) 12 WELD COUNTY ZONING ORDINANCE SECTION 24.6 COMPLIANCE DEMONSTRATION (24.6.1.1 THRU 24.6.1.6) 16 APPENDIX ADJACENT OWNERS 17 MINERAL OWNERS FOR THE PROPERTY 18 MINING PLAN AND TIMETABLE 19 MINING PLAN MAP 28 RECLAMATION PLAN AND TIMETABLE 29 RECLAMATION PLAN MAP 42 FIRE LETTER 43 LEGAL DESCRIPTION 44 NOISE REPORT 45 DUST CONTROL PLAN 46 DEED OF TRUST 47 SOIL AND VEGETATION INFORMATION 52 AFFECTED LANDS MAP 80 9212cs SECTION 2144.7.1 (44.7.) — DESCRIPTION OF METHOD OF OPERATION The proposed use is single phased operation for extracting and processing sand and gravel contained under the site. The Plant Site and materials stockpiles area will be located in the southwest corner of the property. This Plant Site is where all the material mined, will be processed and stockpiled before sale. The Plant Site area will contain the usual processing equipment, includes the following equipment: a dredge; a processing plant containing screens, crushers, conveyors; a water truck; haul trucks; a dragline; a dozer, 3 to 5 front-end loaders and 2+ scrapers. The equipment will remain on the site for the life of the mine, but the exact number of each individual type of equipment will fluctuate depending on the amount of material produced each year. The operator will employ a dredge to remove the material that is below the water table. This dredge is capable of handling large amounts of material and delivering the materials via pipe to the processing plant. Please refer to the MINING PLAN TEXT, in the APPENDIX for a more detailed discussion on the mining plans. Usually there will be one shift of workers, but the long daylight hours of summer may require overtime work by this single shift. An exception to this would be, incase of a public or private emergency, or to make necessary repairs on equipment. This is consistent with section 44 .4 .2 of the Weld County Zoning Regula- tions, which states in part 'All sand and gravel operations shall be conducted during the hours of daylight . . . . ' We understand administrative offices and repair facilities are exempt from the operating hours restriction. The number of employees will vary with the season and the demand for material. More employees will be on the site when there is a processing plant in operation and a lesser number when we are only removing stockpiled materials. The minimum number will be 2 and the maximum may be as many as 20 . 1 921295 SECTION 2 (CONT) SPECIAL USE FOR MINING SUBLETTE SOUTH This will be a wet operation except at the initial start up, when we will be stripping and mining an area to set the dredge. We estimate the water table averages 2. 5 feet below the existing surface, so there will be a short time until enough water is exposed so the dredge can be floated. During this time a dragline, front end loaders and scrapers will be used to remove the material. This pit is located adjacent to the South Platte River, for this reason the pit will have water in it, year around. Access for the operation will be via a private access road running north from the intersection of WCR 93h and WCR 42h. This private road follows our west property line, the center of Section 23 . Historically this road was used to access a railroad siding north of the river, via a bridge that crossed the South Platte River. The rail siding was known as Sublette and may have been a sugar beet dump (collection) site sometime in the past. The bridge was destroyed during the 1965 flood and never rebuilt. The haul route will run north on the private road to WCR's 42? and 93h; north on WCR 93Z - 0 . 25 miles to U.S. HWY 34 . This intersection is approximately 1. 5 miles west of the Weld/Morgan County line. From this point U. S. HWY 34 will be used to transport the material west to Greeley, and east to Wiggins and I-76. If material is needed to the south or in Denver the trucks will use U.S. HWY 34 to State Highway 144 then south to the Orchard exit on I-76. There are two bridges in the vicinity of the pit, the Orchard Bridge to the east and the Master Bridge to the west. These bridges will only be used to deliver gravel north of the river to local clients. This gravel pit will not be staged, but rather the amount of disturbance area will be restricted. The Plant Site, areas stripped ready for mining and areas needing some type of reclama- tion will be included in the Mined Land Reclamation Board (MLRB) bond that covers the total area needing reclamation. The Plant 2 9212C5 SECTION 2 (CONT) SPECIAL USE FOR MINING SUBLETTE SOUTH Site will be in a fixed area located in the southwest corner of the parcel, the area being mined and reclaimed will vary as mining progresses, i.e. , it will "float" . The floating area will remain constant in size, not exceeding 25. 00 acres ±. Note that any area covered by water needs no reclamation except in a narrow band below water, around the lake shore, where slopes have to be established to no greater than 3h to lv according to State Law. As noted above there is no staging in this pit. Our lease with the Sterling Ready-Mix Concrete Company is for 5 years with a renewal clause. The operator estimates it will take 15 years to remove the gravel reserve base on an annual production of 250, 000 tons. Depending on the market, economy and the demand for materials the actual time may be shorter or longer. Once the last reserves are removed, reclamation can begin on the areas mined last. Normally resoiling, grading, shaping and revegetation is completed during the first year after mining ends. The operator then monitors the revegetation efforts for up to 5 more years until the MLRB releases the bond. If during that period remedial work is needed it will be done. The total life, from the start-up date until bond release, is estimated to be 20 years ±. The soils vary from 0 to 7 inches, averaging 5 while the overburden is 0 to 10 inches averaging 3 inches. As part of the State requirements we must salvage as much topsoil as possible for reclamation. This soil will be stockpiled around the perimeter of the property so it can be used during reclamation. We estimate there will be 52, 600 YD3 available for reclamation over the life of the mine. Please refer to the MLRB RECLAMATION PLAN in the APPENDIX for information regarding the resoiling amounts needed and the methods of reclamation to be used at this pit. 3 921205 SECTION 2 (CONT) SPECIAL USE FOR MINING SUBLETTE SOUTH From a drilling program we did on the property we found the depth of the gravel reserve averages 60 feet. Typically in the South Platte River drainage the actual depth varies across a piece of property so the exact depth will be unknown until mining is complete. We have found along this section of the river, the deposit approximately 60 feet deep and has a 50% rock, 50% reject sand ratio. The reject sand will be pumped back into the lake area where it will be used as fill along the lake shores and to create the dividers between the lakes. The total area to be mined will be 78.25 acres ±. It contains an estimated 6, 386, 200 YD3 ± of material, half of which is usable. While the area will be mined as a single lake the reclamation plan calls for creating 4 ponds by using the excess sand, noted above, to create pond dividers that are up to 200 feet across. These dividers will be resoiled and revegetated to create a four Pond wildlife habitat reserve. We estimate that 50% of the mined material will be reject sand so we have a large amount of material with which to create the dividers and shallow areas suitable for wetlands, and fish spawning areas along the perimeter of the ponds. The Reclamation Map submitted shows what we think the final pond configurations will resemble when reclamation is complete. This could vary depending on the actual amount of reject materials available. The actual configuration of the ponds will vary slightly because of the way the sand is replaced in the area. We can assure the County there will be 4 Ponds, there will be shallow areas in the Ponds, there will be wetland areas along the perimeter of the Ponds, and all above water areas will be revegetated, except for boat launch ramps, access roads and a possible swim beach in Pond 1. The exact 4 921205 SECTION 2 (CONTI SPECIAL USE FOR MINING SUBLETTE SOUTH location of these individual surface features is unknown at this time, but we have shown their approximate location on the Reclama- - tion Map in the MLRB section of this submittal. Once complete this area will provide an area suitable for use as a wildlife habitat reserve. The reclamation plan was prepared by Environment, Inc. , Arvada, Colorado. They have been preparing these plans since 1973 when the Mined Land Reclamation Act was passed by the Legislature. They use various agencies and private companies as sources for the information that cannot be prepared in house. Review of the supporting documents show the Local Soil Conservation Service, prepared the background soils and vegetation information with reclamation recommendations. WILDland MANagement Services contributed to the soils and vegetation information and helped with the final reclamation plans. ERO Resources, Inc. prepared the wetlands study for the property. We have contacted the Colorado Division of Wildlife regarding a site specific wildlife study for the property. Their recommendations and advice will be used to enhance the reclamation plan so it better serves the wildlife using the property. 5 921205 SECTION 6124.7.1) 124.7.1) A STATEMENT EXPLAINING HOW THE PROPOSAL IS CONSISTENT WITH THE WELD COUNTY COMPREHENSIVE PLAN (24 . 7.1 .1) This request for a USE BY SPECIAL REVIEW involves an open pit mining operation for the extraction of sand and gravel. In order to show the request is consistent with the Weld County Comprehensive Plan, it appears appropriate to assume that the Weld County Extraction Plan is consistent with the Comprehensive Plan and too thus show consistency with the Extraction Plan. The Extraction Plan Map contained in the WELD COUNTY MINERAL RESOURCES (VOLUME II) EXTRACTION PLAN shows this area as being in a "Resource Conservation Area" that contains sand and gravel. A STATEMENT EXPLAINING HOW THE PROPOSAL IS CONSISTENT WITH THE INTENT OF THE DISTRICT IN WHICH THE USE IS LOCATED (24 . 7.1 .2) Mining is a Use by Special Review in an Agriculture Zone district and has been allowed in numerous other applications throughout the county. The Zoning Regulations spell out the requirements that must be followed to use an Ag zoned area for mining. Most of the gravel pits in Weld County are in this one zone district. A STATEMENT EXPLAINING WHAT EFFORTS HAVE BEEN MADE, IN THE LOCATION DECISION FOR THE PROPOSED USE, TO CONSERVE PRODUCTIVE AGRICULTURAL LAND IN THE AGRICULTURAL ZONE DISTRICT IF APPLICABLE (24 . 7.1 .6) This area is at present river bottom pasture used by the owners as a winter grazing area for cattle. It has a marginal value as crop ground and for this reason, no irrigated or dry land crops are grown on it. In searching for a location of a gravel pit this seemed the most likely place for one. There are adequate reserves, easy access, it is in an isolated area not close to residences, there are no other gravel pits in immediate vicinity, it is close to a market area and this area was not productive cropland. 6 921205 _ SECTION 6 (cons) SPECIAL USE FOR MINING Sublette South A STATEMENT EXPLAINING THERE IS ADEQUATE PROVISION FOR THE PROTECTION OF THE HEALTH, SAFETY AND WELFARE OF THE INHABITANTS OF THE NEIGHBORHOOD AND THE COUNTY (24 . 7.1 . 7) The property is fenced to keep trespassers out and will have a locked gate at the entrance. This fence will be maintained throughout the life of the mine. In addition Sterling Ready-Mix Concrete Company follows all required state laws regarding Air Quality, Water Quality and noise levels. They will have an Air Pollution Emissions permit for the pit and crushing equipment. _ There is no water discharged from the pit, but because this is a dredge operation we will need a 404 permit from the U. S. Army Corp of Engineers. We are currently working on that permit and will submit a Copy to the Weld County Planning Department when we have it. The noise levels that will be associated with the pit are within acceptable County and State noise standards. A STATEMENT EXPLAINING THE USES PERMITTED WILL BE COMPATIBLE WITH THE EXISTING SURROUNDING LAND USES (INCLUDE A DESCRIPTION OF EXISTING LAND USES OF ALL PROPERTIES ADJACENT TO THE PROPERTY) (24 . 7.1 .3) The surrounding land uses are primarily agriculture. There are scattered rural residences in the area. To the north this property boarders the South Platte River, across the river is agricultural ground. To the east the property is owned by a hunting club that use it part of the year and is used as pasture the rest of the year. The south line is bounded by WCR 42h with agricultural uses across the road. The west is bordered by cropland, irrigated corn for the past couple of year. Mining will have little affect on these surrounding uses. Once mining is complete the final reclaimed area will blend with the river bottom habitat associated with the South Platte River. A STATEMENT EXPLAINING THE PROPOSED USE WILL BE COM- PATIBLE WITH THE FUTURE DEVELOPMENT OF THE SURROUNDING 7 9'21205 SECTION 6 (cont) SPECIAL USE FOR MINING Sublette South AREA AS PERMITTED BY THE EXISTING ZONE AND WITH FUTURE DEVELOPMENT AS PROJECTED BY THE COMPREHENSIVE PLAN OF THE COUNTY OR THE ADOPTED MASTER PLANS OF AFFECTED MUNICIPALITIES (24 . 7.1 .4) As note previously reclamation will run concurrently with mining. The area will be graded, resoiled and revegetated as required by State Law. When complete the lakes and surrounding land will be ideal for the intended final use, that of a wildlife habitat reserve, for use by the owners. We feel the final land form will not degrade the surrounding area but will tend to enhance this rural setting. It will also serve as a buffer/open space area adjacent to the river. This parcel is not within any URBAN GROWTH BOUNDARY and the area is not targeted for future urban development. The Master Plan also recognizes the need for building materials and to disallow this use would be contrary to the WELD COUNTY MINERAL RESOURCES (VOLUME II) EXTRACTION PLAN and CRS 34-32-100 et seq. regarding gravel mining. A STATEMENT EXPLAINING THE USE BY SPECIAL REVIEW AREA IS NOT LOCATED IN A FLOOD PLAIN, GEOLOGICAL HAZARD AND WELD COUNTY AIRPORT OVERLAY DISTRICT AREA; OR THAT THE APPLICATION COMPLIES WITH SECTION FIFTY (50) , OVERLAY DISTRICT REGULATIONS AS OUTLINED IN THE WELD COUNTY ZONING ORDINANCE (24 . 7.1 .5) This property is located within the South Platte River Flood Plain and Section 50 requirements will be followed as they apply to this property. The sections addressing the Airport overlay and Geological Hazards do not apply, but Section 53 does apply for this property. Most of the area to be mined is within the 10 year FLOODPLAIN according to the FEMA maps we reviewed. We have done additional research and found, in the records of the Colorado Water Conservation Board (CWCB) , a report titled SPECIAL FLOOD HAZARD INFORMATION REPORT - SOUTH PLATTE RIVER- VOLUME I - WELD COUNTY, COLORADO, dated April, 1977 . This report and the maps 8 921215 _ SECTION 6 (cont) SPECIAL USE FOR MINING Sublette South with it indicated the flood level more closely follows the 4430 elevation. Which means there is a small section in the Southeast corner that is above the 100 year Flood Plain. We found no records indicating this area has FLOODPRONE (FP-1) or FLOODWAY (FW) DISTRICTS. It appears the area immediately adjacent to the river could be considered an FW area. Gravel stockpiles will be maintained as far away as practical from the river area and a portion of the Plant Site is located above the flood plane shown on the CWCB report maps. Please refer to the Mining Plan Map for the location of the Plant Site where the materials and the equipment needed to produce them will be placed, note this location in relation to the 4430 elevation line. We will be submitting a Flood Plane Permit Application showing the data we mentioned above. The various Flood District lines are shown on the EXTRACTION PLAN MAP following this text. PROOF THAT A WATER SUPPLY WILL BE AVAILABLE WHICH IS ADEQUATE IN TERMS OF QUANTITY, QUALITY, AND DEPENDABILITY (E.G., A WELL PERMIT OR LETTER FROM A WATER DISTRICT) Water needed at this site for human consumption is brought to the site by employees. The water needed to supplement evaporative losses will come from water owned by Sublette South and approved for that use. The gravel operator will be making for a Well Permit to cover the ponds as required by State Law. A COPY OF THE DEED OR LEGAL INSTRUMENT IDENTIFYING THE APPLICANT(S) INTEREST IN THE PROPERTY UNDER CONSIDERA- TION. IF AN AUTHORIZED AGENT SIGNS THE APPLICATION FOR THE FEE OWNERS(5) , A LETTER GRANTING POWER OF ATTORNEY TO THE AGENT FROM THE PROPERTY OWNER(S) SHALL BE PROVIDED A copy of the Deed of Trust is in the APPENDIX following this text. 9 9212!'5 SECTION 6 (cont) SPECIAL USE FOR MINING Sublette South A NOISE REPORT, UNLESS WAIVED BY THE DEPARTMENT OF PLANNING SERVICES, DOCUMENTING THE METHODS TO BE UTILIZED TO MEET THE APPLICABLE NOISE STANDARD The pit is in a rural location surrounded by vacant cropland. The APPENDIX contains a noise report showing the typical noise associated with a mining operation of this type. Please note these numbers are not site specific since mining has not begun. A SOIL REPORT OF THE SITE PREPARED BY THE SOIL CONSERVA— TION SERVICE OR BY A SOILS ENGINEER OR SCIENTIST. IN THOSE INSTANCES WHEN THE SOIL REPORT INDICATES THE EXISTENCE OF MODERATE OR SEVERE SOIL LIMITATIONS FOR THE USES PROPOSED, THE APPLICANT SHALL DETAIL THE METHODS TO BE EMPLOYED TO MITIGATE THE LIMITATIONS. The APPENDIX contains a copy of the soils report and vegetation report prepared by WILDland MANagement Services, with input from the local SCS office. The SCS data does not indicate there are any soil limitations that would prevent mining this property. We have completed a drilling program on the property and have found the gravel depth averages 60 feet deep with soil ranging in depth from zero to 17 inches, averaging 4 to 6 inches. A CERTIFIED 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 (24 . 7.2 .9) Please refer to the APPENDIX for this list. A CERTIFIED LIST OF THE NAMES AND ADDRESSES OF MINERAL OWNERS AND LESSEES OF MINERALS ON OR UNDER THE PARCEL OF LAND BEING CONSIDERED (24 . 7.2 .10) Please refer to the APPENDIX for this list. 10 921205 WELD COUNTY ZONING ORDINANCE SECTION 24.5 COMPLIANCE DEMONSTRATION(24.5.1 THRU 24.5.11) 24.5.1 .1 There are no central or domestic water requirements for the proposed use. The lakes will remain naturally filled by alluvial water associated with the South Platte River. The operator will be applying for a Well Permit to cover the _ evaporative loss from the ponds. Sublette South has adequate water from other sources, i.e. , ditches, wells, springs, etc. , that will be used to mitigate any affects the lakes will have on a permanent basis. We will be working with the Colorado Division of Water Resources on a well permit and Temporary Supply Plan if one is required. 24.5.1 .2 Toilet facilities will meet Weld Health Department requirements. We will install toilet facility, concrete vault with an outhouse, before mining begins. This unit will be maintained and pumped regularly. The advantages to this type of facility is it can be placed in close proximity to a lake without degrading the water quality in that lake, it is cheaper to install a vault and have it pumped and we do not have to have running water to use with a leach field septic system. The facility will be located in the southwest corner of the parcel near the Plant Site and above the 100 year flood plain. 24.5.1 .3 There are no severe or moderated soil conditions at this site that would limit construction of STRUCTURES on the site. 24.5.1 .4 Fire protection is supplied by the Wiggins Rural Fire Protection District. We have submitted a letter from showing this. Please refer to the APPENDIX of this application for a 12 921205 SECTION 24.5 COMPLIANCE (coat SPECIAL USE FOR MINING SUBLETTE SOUTH letter from the Fire District. Fire extinguishers are kept on the equipment for emergency uses. 24.5.1 .5 The Special Use that we are applying for will not significant- _ ly change the land from its's historical use - the land has been river bottom/pasture for many years. When mining is complete the property will become a wildlife habitat reserve for the enjoyment of the owners. 24.5.1 .5.1 The lakes to be created will be capable of retaining the storm runoff from a 100 year event that occurs on the site. No specially designed facilities are needed since any rain that would fall on the parcel would either soak in or enter the lakes and return to the ground water system. 24.5.1 .5.2 Not applicable. No water will be pumped or discharges from the lakes or the property during mining. All drainage from the property is directed into the lake areas as required by the Mining Plan approved by the NLRB. Care will be taken to maintain historical drainage across and within the property when reclamation is complete. 24.5.1 .6 There is adequate room on the property for parking. We will not park vehicles on public roadways. 13 9212U5 SECTION 24.5 COMPLIANCE (coot) SPECIAL USE FOR MINING SUBLEffE SOUTH 24.5.1 .7 There is a minimum 100 foot setback from the property line to the top of the slopes into the lake. The minimum setback allowed in this zone district is 20 feet and mining is not allowed closer than 10 feet to the property line (44 .4 . 1) . The table below lists the distances from the property line to the closest homes surrounding the property. Direction Owners Distance FT. North None within 1 mile East Young 5280 (1 mile) on WCR 42 . 5 South Miller/ Johnson-Peacock 2640 (1 mile) on HWY 34 Southeast Motley 2640 (1 mile) on HWY 34 Southwest Clark 1320 (; mile) West None Within 1 mile 24.5.1 .8 The property will be accessed from a private road that enters County road 421/2 at the center of Section 23 . This road will be maintained by the gravel operator and watered as needed. They will be applying for an Air Pollution Permit From the Colorado Department of Health when the Mining Permits have been issued. WCR 421/2 is a local road used for access to properties along the river, it starts at Colorado 144 , 2 . 5 miles east of the parcel and enters Highway 34 one-half mile south of the property. See Dust Control Plan in APPENDIX for contacts and methods of dust control used on the access road and all interior pit roads. 24.5.1 .9 No new access is required, so this section does not apply. 14 921205 SECTION 24.5 COMPLIANCE (cont) SPECIAL USE FOR MINING SUBLEfTE SOUTH 24.5.1 .10 This mining operation is located in an area that is surrounded by vacant land. In is not close to any major roads or high- ways from which it would have to be screened. We do not feel screening is needed at this site, either to reduce the view into the lakes nor to reduce the noise leaving the pit since the site is isolated from populated areas. Mining will not take place south of a line 900 feet north of and approximately parallel to WCR 421/2. 24.5.1 .11 Please refer to the Soils Report in the APPENDIX for the information regarding the productivity of the soils on the site. These soils are the least productive in the vicinity. 15 921205 WELD COUNTY ZONING ORDINANCE SECTION 24.6 COMPLIANCE DEMONSTRATION (24.6.1.1 THRU 24.6.1.6) 24.6.1 .1 The noise data indicates there should be no problems complying with this requirement. They operate within State standards in their other operation throughout out the state. 24.6.1 .2 Sterling Ready Mix will be applying for an Air Pollution Permit for the Gravel Pit that covers all parts of the operation. The pit permit covers the loading, mining and stockpiling of the material. Each crushing unit (processing unit) has to have a separate permit from the State Health Department. They comply with State Air Quality standards to keep the permits in good standing. 24.6.1.3 All storm water enters the lake and no water is discharged from this pit, so no permit is required. The operator will comply with any and all Water quality requirements as they apply to the mine operation. 24.6.1 .4 No lights of the type described in Zoning Regulations are used at the pit. 24.6.1 .5 This use does not emit heat and it will not raise air temperature beyond the property line. 24.6.1.6 All weeds will be kept under 12 inches as required. 16 9212)5 APPENDIX 9212"S ADJACENT OWNERS PARCEL WITHIN 500 FT. ID NUMBER Sublette South 1047-23-0-009 7860 E. Berry P1. Suite #202 1047-23-0- Englewood, CO 80111 Sublette Land and Cattle Company 1047-14-0-003 C/O Sublette General Partners 1047-23-0-020 7860 E. Berry P1. Suite #202 Englewood, CO 80111 Motley, Roger D. and Jo A. 1047-24-0-028 47527 U. S. Highway 34 Wiggins, CO 80654-5301 Stoll, Mary Elizabeth 1047-24-0-023 P.O. Box 312 Sterling, NE 68443 Jones, John Edward and Lu Ann 1047-23-0-030 3826 Stocksbridge Sugarland, TX 77479 Clark, Helen C. 1047-23-0-008 Orchard, Co 80649 Connelly, Thomas H. & 1047-14-0-004 Munn, Gurnee, III 1047-13-0-013 c\o Thomas Connelly 1047-24-0-027 518 17th St. Suite 1000 Denver, CO 80202 17 97,12n5 MINERAL OWNERS FOR THE PROPERTY SAND AND GRAVEL Sublette South 7860 E. Berry P1. Suite #202 Englewood, CO 80111 UNDIVIDED 'A INTERESTS IN OIL, GAS AND OTHER MINERAL RESERVES Jess M. Penfold and Pauline B. Penfold Book 488, Reception # 1416314 recorded September 4, 1961 Glen Wollfolk, et. al. Book 489, Reception # 1416574 recorded September 6, 1961 18 921205 MINING PLAN AND TIMETABLE LOCATION The property is located in Weld County approximately 3 . 50 miles east of Masters Colorado along the South Platte River. Please refer to Map Exhibit B - Vicinity Map for the property configuration and the relationships to surrounding geological features. There are 182 . 63 acres ± in the Affected Lands outline shown on AFFECTED LANDS MAP - EXHIBIT C. The northern boundary line of the property is in the river and the southern boundary is Weld County Road (WCR) 422. The permit area is located northeast of the intersection of Weld County Roads 93? and 42h, south of the river. The gravel deposit is an alluvial deposit that averages 60 feet deep across the property and the site elevation is approxi- mately 4430 feet, sea level datum. CURRENT CONDITIONS Map Exhibit C shows the outline of the Affected Lands, the touching landowners, the 200 foot ownership, current topography, and hydrologic features of the property. We have leased this ground from Sublette South a general partnership to mine the gravel. The land is presently used for agricultural purposes (winter pasture) by the landowner. A section of the northern permitted area is river bottom with cottonwood trees and river bottom habitat. In the southern "panhandle" of the property is an area of wetlands that will not be mined. Surrounding property uses include irrigated agriculture on the west and south. The east is bordered by more winter graze/wetland area and the north side is river bottom. The SOILS MAP - EXHIBIT I-1 shows the soil types as delineated by the Soil Conservation Service (SCS) in their report. MAP EXHIBIT I-2 is a Wetlands Delineation map prepared by ERO Resources Corporation showing the areas of upland and wetland habitat on the property. It will be used to establish data needed for a 404 permit we must obtain before reclamation can begin on the property. We will be applying for this permit shortly after the MLRB receives this application. 19 921205 MINING PLAN EXHIBIT D (cant) GEOLOGIC SETTING The affected lands are located along the South Platte River in a Quaternary age, Piney Creek alluvial deposit. The eastward dipping beds of Upper Cretaceous age are overlain at an angular unconformity by the Pine Creek alluvium. The sand and gravel encountered in the Piney Creek alluvium are a result of water erosion and redeposition of rock materials from the front range of the Rocky Mountains. The deposition of this material occurred during a time when the river was much larger that it is now. But, judging from the scarcity of large rocks found at the location, the velocity of the river must have slowed sufficiently to have dropped boulders and most large cobble before it reached this point. This type material is found from south of Denver to the state line along the South Platte River. The quantity of course gravels and sand vary from a ratio of 80% rock to 20% sand in Denver to 30% rock 70% sand at Julesburge. We have found along this section of the river has a 50% rock, 50% sand ratio and the deposit is approximately 60 feet deep. As you move to the south across the property it thins to almost nothing near the road. Overlying the deposit is a thin layer of soil that varies from 0 to 17 inches averaging 5 inches overall. SOILS AND OVERBURDEN There are two types of soils found on the site. These soils appear to be typical along the South Platte River in Weld County. They have no unusual qualities and are marginal for agricultural purposes. See the SOILS AND VEGETATION INFORMATION for the soils information prepared by the Soil Conservation Service, and WILDland MANagement Services regarding soils at this site. The soil information presented by the SCS is not site specific, it describes in general terms the nature of the soils found at this site. Since, their data is not site specific so we have supplemented it with our site specific observations below, and included the general information as reference material. The 2 types of natural soil on the parcel as determined by the Soil Conservation Service, are designated as map Units 3 , and 10 - 20 9212e5 MINING PLAN EXHIBIT D (cont) see MAP EXHIBIT I-1 for the locations of these soils. Unit 3 , Aquolls and Aquents - gravelly substratum, covers approximately 70.84 ac. or 90.5% of the mined area. This soil is described as having a dark colored surface layer of deep, poorly drained soil formed in recent alluvium. This description applies to the top 0 to 17 inches of material found on this site. We will salvage as much of the topsoil layer as possible to use during reclamation. Underlaying this top layer is the sand and gravel we will be mining. Unit 10, Bankard Sandy Loam - 0 to 3% slopes, covers 7.41 ac.± or 9. 5% of the mined area. This soil is described as a deep exces- sively drained soil found in flood planes throughout Weld County. The surface material is a brown sandy loam that varies from 0 to 4 inches, averaging 1. 5 inches. On this parcel the soil is located immediately adjacent to the river or in the southwest corner. The only portion of soil we will disturb is in the southwest corner where the Plant Site will be. Of the total 101. 11 acres ± to be disturbed, 68.92 acres ± will be water (lake area or drainages) or roads after reclamation is complete. That leaves 32 . 19 ac ± to be revegetated as discussed in EXHIBIT E - RECLAMATION PLAN. It is obvious that sufficient quantities of soil will be available to reclaim the disturbed lands to their present condition. The soils in this area may not be of high quality, but the soils to be salvaged and replaced are representative of what is there now. The topsoil stockpiles will be located so as to reduce the haul distances when reclamation starts. See MAP EXHIBIT C-1 for the approximate location of the topsoil stockpiles and other areas discussed in this text. MINING PLAN This pit will be operated year-around by Sterling Ready Mix Concrete Company, weather permitting, as a specification aggregates supply for their own use or for sale on the open market. It will be a single stage mining operation located on 182 . 63 ac. ± south of the South Platte River in Weld County. MAP EXHIBIT C-1 - MINING PLAN MAP, delineates the proposed mining operation and shows the part 21 9212 `5 MINING PLAN EXHIBIT D (cont) of the property to be mined. Reclamation will run concurrent with mining to reduce the amount of disturbance at any one time. _ This parcel can be broken into three distinct areas; the area to be mined; an area of wetlands to the south and river bottom in the north. The river bottom area contains large cottonwood trees and river bottom habitat and is not part of the mining area but is included in the permit should the owners wish to enhance the area for wildlife use during the life of the mine. The wetlands in the southern "panhandle" of the property will not be mined. While we do not anticipate disturbing these two areas totally, we may have to do some work in them as part of the wetlands mitigation plan needed to obtain a U. S. Army Corp of Engineers 404 Permit, so they are included in this permit. Operations will commence in the Plant Site area by stripping any topsoil encountered and stockpiling it for use in reclamation. Once this is done and the processing equipment is set up, an area of approximately 10. 00 acres will be stripped just north of the Plant Site, this is where mining will begin. A dragline will be used to open a pond on which a gravel dredge will be set. The dredge is capable of mining to depths of 60+ feet and is the most feasible way to mine this particular type of material. Once the dredge and dredge boat are floating, mining will proceed to the north towards the river until the northern setback line is encountered. The mining face will then turn east and work towards the eastern setback line. Mining will continue in a clock wise direction until all material is removed. Because there are large quantities of reject sand, a dredge is the most efficient way to move this material without the cost becoming prohibitive. A central pivot point for the dredge will be located on the Plant Site area, this point is where the pipe from the dredge reaches the lake shore. The pivot point may change as mining progresses, in the beginning it will be on the north side of the Plant Site. As mining moves east it may be relocated to the east or northeast side of the Plant Site. When mining is complete the 22 9212e5 MINING PLAN EXHIBIT D (cont) dredge will be removed and the remaining area will be mined using a dragline. The extracted materials will be moved to the Plant Site via an enclosed pipe that is part of the dredge. Here it will be run thru a Sauerman to separate the reject sand from the courser sand and gravel we are interested in. The courser sand and gravel will be processed and stockpiled in the Plant Site area until it is removed to market. The reject sand will be pumped back into the lake area where it will be used as fill along the lake shores and to create the dividers between the lakes. Please see MAP EXHIBIT F - RECLAMATION PLAN MAP for the approximate shape of the lakes when reclamation is complete. Thus, mining equipment may include but is not limited to, a gravel dredge and it's auxiliary equipment, front-end loaders, scrapers, a dragline, bulldozers, conveyors, dump trucks and a water truck. We have chosen to start on the west side because there is a large area of uplands where we can stockpile processed and mined materials without filling a wetland area. The Corp of Engineers, in Denver has indicated that filling wetland areas before having a permit is in violation of Section 404 regulations. Before reclamation can begin we will have to obtain a 404 permit. We do not know how long it will take to obtain this permit so it is imperative we not fill wetlands until the permit is issued. In the beginning the reject sand we expect to encounter will be stored along the sides of the PlantSite. This material will be a fine sand that could be defined as overburden, however it is found throughout the reserve. We will be using this material to reconstruct the lake dividers and slopes around the perimeter of the mined area, more detail on this process is given in the reclamation plan following this section. As mining progresses, additional area will be stripped ahead of the mine face and the topsoil will be stockpiled along the 23 9212C5 MINING PLAN EXHIBIT D (cont) setbacks around the mine area. This material will be used when reclamation begins. It will be needed for resoiling slopes and other areas where soil will be needed to establish vegetation. By limiting the amount of area stripped at any one time we will lessen the visual affects of the mining operation as much as possible. There are 182 . 63 acre ± in the affected lands, 101. 11 acres ± will be disturbed as part of the mining operation. The remaining 81. 52 acres ± will have little or no disturbance throughout the life of the mine. The 101. 11 acres ± will contain 78 .25 acres ± that will be mined as one big lake and the balance of the area will be setbacks around the perimeter of the lake. The area mined will have 53 . 63 acres ± that is 60 feet ± deep; 22 . 88 acres ± in the below water slopes; and 1. 74 acres ± in the above water slopes. Please refer to the Mining Timetable on page 27 for the estimated acreage of each area associated with the mining part of this operation. The amount of land disturbed at one time will be limited to that area needed for processing and stockpiles (Plant Site) , 15. 00 acres ±; stripped pre-mining area, 5. 00 acres ± and the actual mined area will have no more than 5. 00 acres ± needing reclamation (lake area does not need reclamation) . This means that there will be no more than 25. 00 acres ± needing reclamation at any one time. Note that any area covered by water needs no reclamation except in a narrow band below water, around the lake shore, where slopes have to be established to no greater than 3h to lv according to State Law. The Plant Site area will be the last area to be mined as the reserves are exhausted. Since the Plant Site will be utilized throughout the life of the mine it will accommodate the processing equipment for the gravel operation and may serve as a site for auxiliary uses. These uses may include an asphalt batch plant, a concrete batch plant and/or a concrete casting facility. In addition, this site is close to the haul road on the west property line we will use for ingress and egress. 24 9212^5 MINING PLAN EXHIBIT D (cont) As mining progresses around the property the bank slopes will be created in two stages. When a dredge is used the native materials tend to sluff off the banks and assume an angle of repose of 2zh to lv. This happens because the material in this area is unconsolidated and vertical slopes can not be maintained as mining occurs. This means that to maintain a setback of 100 feet when the gravel is 60 feet thick the mining line has be no less than 75 feet inside the setback lines to allow for the sloughing. The second step will be to cover these natural slopes with some of the large amount of reject sand available. This will establish the slopes to the prescribed 3h to lv in some areas. Where we are created the dividers between the lakes portions of these slopes will have the upper 10 to 15 feet sloped at a rate of 5h to lv. In other place the lake bottom will be filled to create shallow areas. A dredge makes this fairly simple since the reject sand is contained in solution (water) and can be pumped and place wherever it is needed. As we noted above 50% of all the material we handle will be this reject sand so to avoid handling it more than once we will be reconstructing the banks as mining progresses. This will also reduce the amount of reclamation work needed on the below water slopes. There are two ditches owned by the Lower Platte and Beaver Ditch Company (LP&B) shown on MAP EXHIBIT C. These ditches will not be affected by the mining operation. Neither of these ditches have been maintained by the LP&B for many years. We have contacted the Ditch Company and they have no problem with our proposed plan. They have stated these ditches are of little uss, but they have not been officially abandoned. The fact that they have not been maintained and they were cut by the eastern drainage ditch tends to confirm their comment. The drainage ditch running along the east property line bisected these ditches. We do not know when it was constructed but any water that is collected by the LP&B ditches would drain into this waterway and return to the river. Sublette South owns the water in this drainage ditch, however mining will not affect it either. 25 9212e5 MINING PLAN EXHIBIT D (cont) This is a wet mining operation so we expect no unusual dust control problems. We can only estimate the amount of water needed for dust control at this time. The actual amounts needed will be addressed when we apply for the Senate Bill 120 Well Permit thru the Stated Engineers office. Most of the water we use for dust control will be used on haul roads. On a typical operation of this type we use 8 to 14 ac-ft per year. Wherever the mining operation is adjacent to the South Platte River a 200 foot setback will be maintained. This is solely for safety reasons and should not be construed as anything else. The only place this happens is in the northeast corner of the property. Along the rest of the north side we will maintain a 100 foot setback from the drop off into the slough. The setbacks along the west and east sides will also be 100 feet. All the setbacks will be used as areas to stockpile soils and will contain access roads around the mined area. The setback lines on the map are the indication of the mining limits, i.e. the top of the slope into the lake area. Once the bank slopes are established and we are assured the setbacks will no longer be disturbed they will be reclaimed in the prescribed manner. As noted above the area needing reclamation will be no more than 25. 00 acres ± at one time. All interior pit slopes will be maintained with a pit-ward attitude so that there will be no drainage off the affected land. This same slope management plan will prevent any offsite slides or other disruptions, and will also address some of the stormwater runoff question arising from the new Clean Water Act. No water will be discharged from the pit, but we will be applying for a National Pollutant Discharge Elimination System (NPDES) Permit to address the Stormwater Permit that is now required by law. Sublette South has adequate water available to meet the requirements for evaporative loss. Application will be made for a well permit to address this requirement. A 404 permit will be required because we will be mining into wetland areas and opening waters of the U.S. . A 404 permit is necessary because, during reclamation we will be placing dredge fill materials in the lake area and in the foot print of the wetland areas. We are working on 26 9 12e5 MINING PLAN EXHIBIT D (cont) this permit and do not expect any problems in obtaining it. While this permit is not needed to mine wetlands it is needed to reclaim. Part of the 404 permit will be a mitigation plan to restore the wetland areas mined. See the Reclamation Plan for more discussion on the wetlands. MINING TIMETABLE. The continuing uncertainty of economic conditions in the construction materials industry precludes an accurate forecast of demand during the life of the mine. We therefore, elect to estimate the mining timetable based on an average year and expect a specific year to vary widely from the average. ESTIMATED MINING TIMETABLE ACRES ± Ave. Annual Total Set- Undist- Production Years Area Mined backs urbed (Tons) 10-15 182 . 63 78 . 25 22 . 86 81. 52 250, 000 T. 9212e5 27 �R __ SOUTH PLATTE —�R� • gi • • • • • — • • . a • o+o ///_ /l • •• ••J• D 0° 'F + + ' `+`+'+' w Purr sin • pv 4 ♦ ♦ r.-.-. •1 WETLANDS (URDISNRBED) • 4 ___ r� PRESERVE 4• J/de -PROPOSED F`h'y++'i'h'+'a'F'+'r'+ •/ + +'++ MINE AREA+ ♦ + + + + a.,! + 78. 2_acres F + + F F 4 + + i F + 4++++F«+ 101 . 11 ac ++♦4.+ +• •+ 4• • 8 + + a 4 f J • f « J 4 J 4 4 + 4 h 4 + i + + i + i ! + i a # + + ++ + ++ + f + V -- - ° :: "emu : .'3250 IG.. . . .•J Nl _ J I - J Ro °?- MAP EXHIBIT D-1 /z c N _ J I - STERLING READY - MIX CONCRETE CO., INC. LEGEND1 RC - ART P I T - AFEECTED LANDS MINING PLAN M A P - — DITCH ••as TREES 300 150 0 300 600 900 RIVER H--' FENCE SCALE IN PEST PART NW/40F NE/4EAND NE/4/SE/4,/4 NE/4.SCECTION SW/4 23, TN4/N.. — TRAIL R. 61 W., 6TH P.M., WELD COUNTY, COLORADO POND SEPTEMBER, 1992 SCALE x=500- === ROADS PREPARED RI ENVIRONMENT, INC. 7985 VANCE DR.9D ,jRYA0fr 80003 RECLAMATION PIA._ AND TIMETABLE RECLAMATION PLAN. The proposed future use is to be a series of four private ponds with surrounding wildlife habitat areas. We intend to create a quiet haven with facilities for recreational purposes such as fishing, bird hunting, boating and swimming. Sterling Ready-Mix Concrete Company, Inc. in conjunction with Sublette South (the property owners) have prepared this plan to meet the final intended use, i.e. a wildlife habitat reserve. WILDland MANagement Services has been retained by the owners to provide the expertise and guidance to ensure the reclamation plan meets their needs. The owners have been consulted throughout the planning process to ensure they are comfortable with this plan. In the MINING PLAN, we discussed mining 78 .25 acres ± within the permit boundary and using the reject sand to create the four individual pond. These dividers are discussed in the following RECLAMATION PLAN. Please refer to MAP EXHIBIT F - RECLAMATION PLAN MAP to see the location of the areas we discuss in this text. In general, there will be four (4) ponds created by using the reject sand to establish dividers throughout the mined area. The ponds created will have irregular shapes and sizes depending on the amount of fill available. This will serve to create a more pleasing appearance and improve the use for the land-owners. The proposed setbacks, shown on the MAP EXHIBIT F, define the outside limits of the area to be mined, this is where the slopes into the ponds will begin. Not only will the pond boundaries be irregular but the below-water-slopes will vary from 5: 1 to 3 : 1 within the 5 feet above to 10 feet below area around the pond. The exact location of the 5h to lv slopes are not known at this time, they will be created as backfilling is done in conjunction with the land owners wishes. In addition, there may be some areas where the sloping is shallower depending on the uses the owners plan. These shallower areas, may be used as swim beach, shallow areas where waterfowl decoys can be set and/or fish spawning areas. Of the 182 . 63 acres ± in the permitted area, 101. 11 acres ± will be disturbed for mining and 81. 52 acres ± will be left in its natural state or enhanced as discussed in the MINING PLAN. Within the area to be mined (101. 11 ac ±) the four ponds created will cover approximately 65. 89 surface acres while the 34 . 22 acres ± 29 9.z12+rs RECLAMATION PL}... EXHIBIT E (cont) remaining will be above water. The reclamation area has 3 .03 acres ± of road, and 31. 19 acres ± will need resoiling and revegetation. As outlined in the MINING PLAN, 101. 11 acres ± of the permitted area will be disturbed as a result of mining. This pit will not be staged so mining will proceed in roughly a clockwise direction starting in the southwest, above the PLANT SITE and work north then east and south pivoting around the northeast corner of the PLANT SITE. As mining progresses the perimeter area will be left at or near 2hh to lv as discussed in the MINING PLAN. To establish the final slopes and dividers, the reject sand will be pumped back onto the mined slopes with the dredge to create the desired final slopes. Since reject sand will be used to created the dividers between the ponds and the slopes around the perimeter of the mined area, only minor amounts of slope work will be necessary. This will also insure, that if mining ceases before it is complete, only a minor amount of work would have to be done to finish reclamation in the disturbed area. Other procedures within this plan are designed to minimize the effect of mid-plan stoppage. One example is the placement of the soil stockpiles around the setback/perimeter of the mined area. This will place the topsoil where it will be needed for reclamation and will reduce the distance it has to be hauled for reclamation. Usually, this will mean it simply has to be shaped and graded. Soils are to be stripped as mining progresses. The plan calls for having no more than 25. 00 acres ± disturbed at any one time. As mining progresses across the property some parts of the property will remain undisturbed while other areas will be either stripped, mined, partially reclaimed or totally reclaimed. The RECLAMATION PLAN MAP - EXHIBIT F show how the area will look when reclamation is complete. We expect to salvage sufficient topsoil to meet reclamation requirements. Of the 101. 11 acres ± disturbed only 34 .22 acres ± or approximately 34% will need resoiling and revegetated. The ERO 30 9':1.2"5 RECLAMATION PLAN EXHIBIT E (cont) report in the SOILS AND VEGETATION section, indicates the soil depth is as deep as 17 inches in one location but averages 5 inches, our own observations of the property indicate the average is 4 to 6 inches of salvageable soils. Never-the-less, what soils can be salvaged will be stockpiled in perimeter areas and used in resoiling when final grading is completed. There appears to be more than adequate soils to meet the demand. The setback areas will not be stripped, so only the dividers and wetland areas will be resoiled. We estimate there is 52 , 600 YD3 of salvageable soils and we will need 21, 000 YD3 for reclamation on the 32 . 19 acres ± to be revegetated. A cover crop of Western Wheatgrass will be planted on any soil stockpiles that remain undisturbed for at least a year. Salvaged fines from the processing operation may also be used as a growth medium or root zone layer for the wetland areas we will have to create to satisfy the Corp of Engineers. Some of the excess soil will provide fill in areas that will contain cattails and bulrushes. The use of soil under the water surface, will serve to enhance the growth potential in the areas were cattails are wanted. In addition minor amounts of off site fill material may be used to create fish habitat in the lakes. This material will be broken concrete or similar materials. Our intent in not to create a land fill, but to rather use this material to create sub-surface structure for fish. The area will be returned to at least it's present vegetative condition when reclamation is complete. Because there will be ponds on the property we are not able to return the area is its exact present condition. When complete, the area will be better for wildlife use than before mining began. The Soil Conservation Service (SCS) and WILDland MANagement Services reports in SOILS AND VEGETATION section gives the background information needed to establish present ground cover percentages. Existing soils in place have been capable of producing a fairly dense cover of native grasses suitable for grazing purposes when not abused. The SCS reports coverage is from 40 to 50 percent and WILDland MANagement Services site study indicated a more 31 921205 RECLAMATION PLA._ EXHIBIT E (cons) 1 realistic figure is closer to 40% with a 10 to 15% basal area 2 coverage. We will use this data when doing reclamation. 3 When final grading and reshaping is complete, the area will 4 be resoiled. Soil will be spread over the surface to a depth of 5 4 to 6 inches. The key to doing this is how much available soil — 6 exists when mining is complete. Careful analysis of the growth 7 medium and salvageable soil will permit the operator to implement 8 a soil additive program and to monitor the prescribed seeding plan 9 to determine if the plan requires revision. Under normal weather 10 conditions, an adequate moisture reserve will be present for 11 establishment of the proposed seed mixture. In addition, the 12 divider height will be close to the pond level so some sub- 13 irrigation will take place. In a few areas it may be necessary to 14 broadcast the seed, in which case the seed amounts will be doubled. 15 REVEGETATION PROGRAM. 16 The revegetation program to be implemented by Sterling Ready 17 Mix Concrete, Inc. is detailed below. It incorporates recommenda- 18 tion taken from the report prepared by Mr. Gary Davis of the Soil 19 Conservation Service's, Ft. Morgan office and by Mr. Rick Sandquist 20 of WILDland MANagement Services. Their reports are located in 21 SOILS AND VEGETATION of this application. 22 REVEGETATION INFORMATION 23 The topsoiling plan presented earlier and the revegetation 24 program are devised after careful review of the existing soil 25 conditions and present vegetation, both on site and in the reports 26 contained in the SOILS AND VEGETATION section. Revegetation will 27 be carried out in such a way so as to establish a diverse, 28 effective and long-lasting vegetative cover that is capable of 29 self-regeneration without continued dependence on irrigation, soil 30 amendments or fertilizers. The plan is designed to create a 31 vegetative cover that is at least equal in extent to the cover of 32 the natural vegetation before mining. The use of species native to 33 the area are included. Since the intended use of the reclaimed 32 92121'5 RECLAMATION PLAN EXHIBIT E (cont) land is a wildlife habitat reserve, the land will be restored to slopes commensurate with such uses. Seed will be drilled wherever possible, when drilling is not possible, the seed will be broadcast. The revegetation plan provides for the greatest probability of success in plant estab- lishment and vegetative development by considering environmental factors such as seasonal patterns of precipitation, temperatures and wind. Other considerations, such as soil texture, fertility, slope stability and the direction in which slopes face, have been considered. A weed control plan is included in the program. Access roads will be constructed through the areas to be planted to provide access for planting crews and for the super- vision and inspection of the reclamation plan. These roads will remain so the owner's have access to the ponds when reclamation is complete. Final grading on the roads will be done before the pit is closed. FERTILIZER. Because of soil conditions and the necessity for using reject sand as a base material for the dividers, the operator may have to apply fertilizers to the seedbed before planting. Topsoiled areas may also be tested during the beginning of the second year and fer- tilizer added accordingly because the soils may lose their nutrients rapidly. The SCS recommends using 40 lbs of Nitrogen and 40 lbs of Potassium (P2O5) per acre to enhance growth, we will follow their recommendations if test results show fertilizer is necessary. SEEDBED PREPARATION. When the filling is complete and the soils have been spread, the surface where seed is to be drilled, will be smoothed of large clods and worked until moderately fine. The surface will be left fairly rough where seed is to be broadcast. Prior to grass seeding, a cover crop of oats will be planted. This follows the SCS recommendations. This cover crop is planted in the spring so by fall it can be mown. The grasses are then inter-seeded in the stubble left from the crop. As we understand it the cover crop 33 921205 RECLAMATION PLAN EXHIBIT E (cont) provides two benefits; the stubble protects and shades the new grasses as they come in and the crop residue serves as a mulch. In addition the oats will provide food for upland wildlife in the area. SEEDING TIME. The grass seed mixture will be planted at one of two times. If fall planting is convenient, the grass seed will be planted before the first freeze (about the time Winterwheat is planted) . If spring planting is convenient, it will be done in late April or in May. The time of planting will be controlled by when the soil areas are ready for planting and when the cover crop cycle is complete. GRASSES. Mr. Davis of the SCS has recommended the following seed mixture: PROPOSED SEED MIX Species Lbs. PLS/Acre Sand Bluestem 2 .40 Prairie Sandreed 0.70 Switchgrass 0.75 Yellow Indiangrass 1. 50 Western Wheatgrass 2 .40 Alkali Sacton 0. 23 Little Bluestem 0.35 Big Bluestem 1. 10 TOTALS 7 .98 The number of Pounds-Live Seed (PLS) shown are recalculated from his recommendations shown in the SOILS AND VEGETATION section, because we found a discrepancy in the percentages in his mix. He has recommended doubling this mixture because of the critical disturbance at the site. We have found that doubling the mixture does not necessarily improve the germination rate. We will assume responsibility for making it grow and choose to use the rate shown. This mixture contains native grasses found on the property and adjoining areas. Using this mixture will provide approximately 35. 18 seeds per square foot, which is greater than the 20 seed per 34 921205 RECLAMATION PLAN EXHIBIT E (cont) sq ft recommended by the SCS in their Technical Note Paper "Colorado Agronomy Note NO. 61". We are using Mr. Davis's suggestion of planting a cover crop of Sorghum or small grain prior to planting the grasses. It seems that when the grass seed mixture is inter-seeded with this crop it serves to retain moisture and shade the grasses as they germinate. In addition it should retard the growth of weeds in the seedbed and provide additional grain for the wildlife using the property. Please see the discussion under SEEDBED PREPARATION for the reasoning behind this recommendation. If the seed is broadcast, it will be doubled and spread on a rough surface and the seeded areas will be dragged or raked thoroughly. As noted in the SCS recommen- dations, Straw Mulch is optional, so we will not use any mulch unless we have trouble establishing the grasses. WEED CONTROL. The revegetated areas will be monitored closely each spring for the first two. years to determine if weeds are invading the area. Weed control will be initiated if the problem becomes serious or has not resolved itself by the end of the second year. In no way should this be take to mean that we will try to eradicate the weeds from the property. Some weeds are beneficial to the upland game species in the area. They provide important protection from the elements during winter. Total eradication of weeds from the site is not necessary desirable, so we will be using controls on the noxious weeds and letting the rest grow in select area. It may be necessary to control weeds by mowing after the first year; the feasibility of chemical weed control methods will be studied should it be necessary. We are hesitant to use chemicals because of the seedbeds close proximity to water and the possible risk of contamination occurring. IRRIGATION. No irrigation is planned for revegetated area in the pit, it tends to make the vegetation dependent on water and does not promote a vegetation cover that is diverse and capable of self regeneration. Since the divider height will be close to the pond 35 9212"5 RECLAMATION PLAN EXHIBIT E (cont) surface level we think sub-irrigation will take place. This will tend to promote a wetland type of setting, in which case irrigation will not be needed. We will be discussing wetlands replacement with the U.S. Army Corp of Engineers as we prepare the wetland mitigation plans needed in the 404 permit application. PONDS The RECLAMATION PLAN MAP shows the 4 ponds to be created when reclamation is complete. The following text is an over view of each pond and it's possible uses. All of the slope grades noted in the following text refer to the band of slope from 5 feet above water to 10 feet below water unless otherwise noted. POND # 1 Is located in the southwest part of the property it will be 19 .91 Acres ± in size. Mining will begin in this pond area and work around the PLANT SITE, that takes up the southern two- thirds of this pond. The northern part will be the first mined area and the southern part will be the last reclaimed. Approximately 50% of the slopes around this pond will be 5h to lv. This pond may contain a swimming beach on the south side, in which case part of that area will be sloped l0h to lv. POND # 2 This is the smallest pond of the four at 8 . 10 acres ±. It will also be the shallowest. As the slopes are reconstructed they will tend to overlap raising the bottom. In addition this pond may become the settling pond for washed material. The owners intend to use this pond as duck hunting area so the shallower the better. When completely reclaimed, one could expect this pond to have shallow slopes and be ringed by cattails. The center of the pond would be open water, this will provide deep water for protection of waterfowl using the lake and, yet have adequate cover around the shore for hiding places. POND # 3 36 921205 RECLAMATION PLAN EXHIBIT E (cont) Being the largest pond this pond will be used as a fish pond and boating area. It will have a surface area of approximate- ly 22 . 50 acres. Some of the slopes will be 5h to lv but most will be 3h to lv. Additional fish structure may be added as reclamation progresses, but the exact location and amount is not known at this time. POND # 4 This will be an 18. 19 acre ± pond in the southeast part of the property. The southern end of this pond will be a transition area from open pond area to the existing wetlands in the southern panhandle of the property. The gravel is shallower along this side of the property so shallower slopes can be expected. The north and east slopes will be predominately 3h to lv while the southern one will be 5h to lv or less. The southern panhandle wetlands are associated with warm water sloughs and year around seepage. We expect this water to enter Pond 4 keeping the southern end open year around. WETLANDS Part of the initial review we did on this property was to determine the amount of wetlands on the site. With the political climate at the Federal level, regarding wetlands, being what it is we felt a wetland study was called for. We contacted Mr. Steve Dougherty, of ERO Resources, Inc. , to preform an analysis of the property. When it was determined there were jurisdictional wetlands on the property we had him complete a comprehensive detailed survey. His report is included in the SOILS AND VEGETA- TION section of this submittal. The WETLANDS MAP in that section shows the area of wetlands and uplands ERO found on the site. This report was then submitted to the U.S. Army Corp of Engineers (Corp) in Omaha for review and comment/approval. The Corp accepted the wetland delineations on July 15th, 1992 , their letter is also included with the ERO report. Table A , recaps the total area and the numbers of wetland and upland areas in the various sectors of the affected lands. 37 921205 RECLAMATION PLAN EXHIBIT E (cant) TABLE A DESCRIPTION ACRES ± TOTAL AREA 182.63 RIVER AREA 33.47 AREA BELOW DELINEATION LINE 144.16 WETLANDS 55.33 UPLANDS 88.43 PONDS 0.40 AREA TO BE MINED 101.11 WETLANDS 23.69 UPLANDS 77.37 PONDS 0.05 UNDISTURBED SOUTH OF MINED AREA 43.05 WETLANDS 31.64 UPLANDS 11.06 PONDS 0.35 The report indicated that in the 144 . 16 acres south of the South Platte River, there are 55 . 28 acres ± of jurisdictional wetlands, 0.45 acres ± in three small ponds and 88 .43 acres ± of upland area. Mining will disturb 23 . 69 acres ± of the total wetland area on the site. Wetlands around pond areas are usually defined as those areas where the water is less than 2 feet deep. Using this as a guide we would have a minimum of 1.85 acres on 13 , 430 linear feet of shore, when the underwater slopes are 3h to lv. This would increase as the slopes approach 5h to lv. Since the top of the dividers will be close to the water table an additional 11.27 acres ± could become replacement wetlands. If needed, this would make up for more than we will disturb. We have talked with Mr. Terry McKee in the Corps office in Denver regarding the need for a Section 404 Permit. He has said that as long as we only mine we are, OK. But before we begin reclamation by filling in wetland areas or the foot print of wetland areas, a permit is required, i.e. to place fill in "waters of the U.S. " . We will be applying for this permit as soon as possible after the mining permit is issued. A wetlands mitigation plan showing how we will replace the disturbed wetland area will be part of that permit application. The reclamation plan we have proposed should meet the requirements so we do not expect any problems. In addition, Mr. McKee has indicated the existing grassland type wetlands now on the site have less value than those we propose to create in the mined area. 38 921205 RECLAMATION PLAN EXHIBIT E (cont) TREES We will not disturb a large number of trees during mining. In fact we are attempting to preserve as many as possible at the owners request. See MAP EXHIBIT F for the location of the trees and shrubs discussed in this text. We know of six trees, within the area to be mined that will be lost. This plan includes installing 100 trees in select areas around the pond perimeter and on the dividers that separated the ponds. We will use only Cottonwoods for these plantings since they are the predominate species in the area. The landowners may wish to add additional species later on, but they are not part of this plan. As is typical we expect a survival rate of 30 to 40% after the first year. The trees will be obtained from two sources, the Seedling Tree Program operated by the Colorado State Forest Service - Weld Extension Service or from native growth along the river. The seedlings will tend to be smaller, 8 to 15 inches tall, while the native ones will be larger, up to two inches in diameter. In addition to the trees, native fruit bearing shrubs will be planted in thickets, located around the ponds. They will provide food and cover for wildlife. The shrubs available from the Forest Service are Wild Plumb, Sand/Nanking Cherry and Golden Current. These thickets will comprise of 20 to 40 seedlings planted in close groups, we expect to use 300 total. Red Willow and Sandbar Willow will be transplanted from surrounding areas to the pond shore and along the South Platte River bank in the northeast corner. As with most willow, cuttings taken from existing plants will grow when implanted in moist ground. The willows will help stabilize the river banks during highwater periods and provide additional cover around the ponds. The exact number of willow planted will depend entirely on the owners wishes and are mentioned here only as information. RECLAMATION PERFORMANCE STANDARDS. The operator intends to mine the property in compliance with the Reclamation Performance Standards of Rule 6. Grading will be performed to create a final topography that is compatible with the intended final land use. Most of the dividers and slope areas will be filled to create the final slopes. These slopes will vary from 5: 1 to 3 : 1 depending on the final use proposed in a particular area of a pond; the remainder of the area will retain its present drainage pattern. The fill used to create the slopes, is native material found on the site at this time. It consists of reject sand, minor amounts of overburden and topsoil. Some off site fill materials may be use to enhance fish habitat in the ponds, this material may consist of broke concrete or other materials suitable for that 39 9212e5 RECLAMATION PLC . EXHIBIT E (cont) purpose. The pit will be reclaimed so that a suitable grade for drainage exists, all surface runoff will be directed into the ponds created. Any reject sand placed around the pit will be naturally compacted since it is mixed with and transported by water. This type of backfilling tends to firm up and stabilize during the first 6 months after being placed. All grading will be done in a manner to control erosion and to protect areas outside the affected land from slides or other damage. All backfilling and grading will be completed as soon as feasible after mining is completed. All refuse will be hauled away or disposed of in a manner that will control unsightliness and protect the drainage system from pollution. There are no acid- forming or toxic materials involved in this operation. The minimal amounts of petroleum products stored at the site will be done as prescribed by applicable laws. The storage tanks will be surround- ed by a berm adequate to retain any fluid should a tank rupture. In addition there is adequate absorbent materials on site to contain any spills that would occur outside the berms. There are no drill or auger holes on the land. Maximum slopes will be within the limits set forth in the Rules and Regulations of the Board and will be capable of being traversed by machinery. The operator does not expect prevailing hydrologic conditions to be disturbed. Sterling Ready Mix Concrete Company, Inc. will comply with applicable Colorado water laws and regulations (as the operator understands them) governing injury to existing water rights in order to minimize any disturbance, which might occur to the prevailing hydrologic balance of the affected land and sur- rounding area and to the quality of water in surface and ground- water systems both during and after the mining operation and during reclamation. In addition, the operator expects to comply with applicable Federal and Colorado water quality laws and regulations. Any water used in the operation of the processing plants and gravel pit will come from water owned by Sublette South as outlined in the lease agreement and described in WATER - EXHIBIT G. This is a dredge facility, but there are no temporary siltation structures involved in this operation and no mining is done within the confines of the river. A U.S. Army Corp of Engineers Permit is required for Reclamation because of the wetlands on the site. We will be working with them to acquire this permit. Settling ponds will be constructed on the site to collect water from the washing operation before it re-enters the mined part of the lake area. There will be no earthen dams on the mined area. The mining and reclamation plans consider existing wildlife conditions and final reclamation will enhance the area for wildlife use. The mining and reclamation plans take into account the safety 40 921205 RECLAMATION PLA.. EXHIBIT E (cont) and protection of wildlife remaining on the mine site, at the processing site and along all access roads to the site. Wildlife habitat creation and management is a specific part of the reclama- tion plan. Whenever possible and with the cooperation of the landowners, Sterling Ready-Mix Concrete Company will work toward the improvement of habitat for wildlife. Topsoil in the area is poor in quality. When topsoil must be removed to reach the mineral deposit, it will be segregated and stockpiled. If the topsoil piles remain undisturbed for more than a year, a vegetative cover of Western Wheatgrass or other means will be employed to preserve the topsoil from wind and water erosion and keep it free of contaminants so that it remains useful for sustaining vegetation when reclamation begins. The stockpiles will be located in areas where disturbances by ongoing mining operations will be at a minimum, i.e. along setbacks on the pit perimeter. The topsoil will be handled as little as possible until it is replaced onto disturbed areas. The operator will take measures necessary to insure the stability of the replaced topsoil on graded slopes and spreading it as evenly a possible. Fertilizer and other soil amendments will be used, if needed, in accordance with the SCS recommendations. RECLAMATION TIMETABLE. Reclamation will begin once enough area has been opened so that any reclamation completed will not be disturbed as mining progresses. This may take 5 or more years depending on the economic condition is the area and the amount of material mined. The operator anticipates that approximately 75% of the total mined land will be reclaimed by the time mining is completed. We expect all dividers and some of the slopes will be completed when mining ends so only a small amount of area will need grading. Shortly there after all resoiling and revegetation will be completed, probably by the end of the second fall after mining is completed. The area will be monitored for success of revegetation until accepted by the Board. If revegetation failures occur prior to release, an analysis of the site will be made and the area will be revegetated again as necessary. RECLAMATION TIMETABLE Acres ± Lake Revege- Undist- BelowIwater Years Total Area tation Road urbed Slopes 3-5 182 . 63 65. 89 32 . 19 3 . 03 82 .52 38.62 41 92.1205 SOUTH PLATTE 0 O - - '� s � 0 O • VEGETATION LEGEND �.. a i/// e • . Ss ��S/% 0. COTTONWOOD EVEGET TED TREES • O WILD PLUM r 0 , ��'//• PON0. 3 / CHERRY ��/ /�i• 22.50 a• I • GOLDEN CURRENT r �% POND 2 I POND 1 POND 4 96J1 A0. it • • PRU+i • • U` '• � C RIPAR1 * r t 1 + + r WT �� NAT' IDU• r 24 . TREES- TO :' ..CCD UJ M r r r r r r (w4 L__ ® r r rW r r ALAISS f� r r r r r r r r U r I ALA vh IL -1 !r r r r r r .wr r r r r r•u r r r 8/x 4 I 4 14% • r r r n°'r eaRk� r 0Slr r r r ..,..,••!'" u r �� ai Rp Dpop, q2� , MAP EXHIBIT F 2 jy STERLING READY - MIX CONCRETE CO., INC. R : HAP PIT L E G E N D �EAFFECTED LANDS CLAMATIEN PLAN - - DITCH ••as TREES 300 150 0 300 600 900 RIVER PART OF THE NE/4 NE/4, SE/4 NE/4, SW/4 NE/4, SCALE w FEET NW/4 NE/4 AND NE/4 SE/4, SCECTION 23, T. 4 N.. 5r-R.—.— FENCE R. 61 W., 6TH P.M., WELD COUNTY. COLORADO TRAIL SEPTEMBER, 1992 SCALE�I=3/00T' }� CD POND 4 /'.� 5 --- ROADS PREPARED RY ENVIRONMENT, IN AIi+M V 7985 VANCE DR. N205A, ARVADA, CO 80003 Rick Sandquist Box 23 Orchard, CO 80649 Wiggins Rural Fire District Box 333 Wiggins, CO 80654 July 13 , 1992 To whom it may concern: The NE1/4-23-4N-61W is included within the Boundaries of the Wiggins Rural Fire Protection District. Sincerely Yours, � telja g Bill Rogers - Secretary • 43 9:71225 LEGAL DESCRIPTIII' SURVEYOR'S CERTIFICATE THIS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT PLAT OF A SURVEY COMPLETED BY ME THIS 15TH DAY OF OCTOBER, 1991 , OF A PARCEL OF LAND IN THE NORTHEAST QUARTER (NE1/4) AND IN THE EAST HALF OF THE SOUTHEAST QUARTER (E1/2 SE1/4) OF SECTION 23 . TOWNSHIP 4 NORTH. RANGE 61 WEST OF THE SIXTH PRINCIPAL MERIDIAN , WELD COUNTY, COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT A RECOVERED B.L.M. BRASS CAP AT THE EAST QUARTER (E1/4) CORNER OF SAID SECTION 23 ; THENCE SOUTH 0°04 ' 10" EAST ALONG THE EAST LINE OF SAID SECTION 23 A DISTANCE OF 521 . 2 FEET TO A POINT ON THE CENTERLINE OF AN EXISTING COUNTY ROAD; THENCE NORTH 83°07 ' 10" WEST ALONG THE CENTERLINE OF SAID COUNTY ROAD A DISTANCE OF 80. 4 FEET TO THE POINT OF CURVATURE OF A HORIZONTAL CIRCULAR CURVE TO THE LEFT WHOSE DELTA ANGLE IS 23°17 ' 20" AND WHOSE RADIUS IS 716 . 2 FEET; THENCE ALONG THE ARC OF SAID HORIZONTAL CIRCULAR CURVE A DISTANCE OF 29). . 1 FEET (THE CHORD OF SAID ARC BEARS SOUTH 85°14 ' 10" WEST AND IS 289. 1 FEET IN LENGTH) ; THENCE SOUTH 73°35 ' 30" WEST ALONG THE CENTERLINE OF SAID COUNTY ROAD A DISTANCE OF 1008 . 3 FEET TO A POINT ON THE WEST LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER (E)./2 SE1/4) ; THENCE NORTH 0°31 ' 30" WEST ALONG THE WEST LINE OF SAID E1/2 SE1/4 A DISTANCE OF 814 .7 FEET TO THE NORTHWEST CORNER OF SAID E1/2 SE1/4 ; THENCE SOUTH 89°46 ' 30" WEST ALONG THE SOUTH LINE OF SAID NE1/4 A DISTANCE OF 1342.6 FEET TO THE SOUTHWEST CORNER OF SAID NE1/4 ; THENCE NORTH 0°58 ' 30" WEST A DISTANCE OF 2643 . 6 FEET TO THE NORTHWEST CORNER OF SAID NE1/4 ; THENCE SOUTH 89°53 ' 20" EAST A DISTANCE OF 2712 .4 FEET TO THE NORTHEAST CORNER OF SAID SECTION 23; THENCE SOUTH 0°22 ' 30" EAST ALONG THE EAST LINE OF SAID SECTION 23 A DISTANCE OF 2627 . 0 FEET TO THE POINT OF BEGINNING AND CONTAINING 182 .63 ACRES. MORE OR LESS . EXCEPTING THEREFROM A PARCEL OF LAND IN THE SOUTHWEST CORNER OF THE NE1/4 AS CONVEYED BY DEED RECORDED FEBRUARY 5 , 1908 IN BOOK 273 AT PAGE 121 OF THE WELD COUNTY RECORDS AND SUBJECT TO A COUNTY ROAD RIGHT-OF-WAY, PUTNAM DITCH RIGHT-OF-WAY, AND LOWER PLATTE AND BEAVER DRAINAGE SYSTEM AND RIGHTS-OF-WAY. 44 9212e5 NOISE REPORT This noise report was prepared by acquiring the noise data supplied by equipment manufactures for each piece of equipment we have at the site, this is not a site specific noise report. These figures represent the average noise generated by the specific piece of equipment to be at the site. The processing plant is operated on electricity and the larger rock is crushed. We will have as many as four screen decks that separate the processed materials, the noise from this plant occurs as the mined materials is passes over the screens and is separated. This plant and all of the equipment will be located approximately 400 feet from the property line. We do not believe the noise generated from this pit will disturb surrounding residences, since the closest one is one-half mile away. Noise Noise Level (decibels) source 100 ft. 200 ft. 300 ft. Pickups, and utility vehicles 72-66 70-62 56-48 Dragline 73-78 69-71 55-61 Frontend loader 73-78 69-71 55-61 Processing Plant 85-95 81-86 67-62 Haul Trucks 77-72 70-68 62-58 Gravel dredge 72-66 70-62 56-48 45 9Z'12e5 DUST CONTROL PLAN The following controls will be used at this pit to control fugitive particulate emissions. Once we have an Air Pollution Permit from the Air Quality Control Commission (AQCC) these requirements may vary. AQCC requirements may be more stringent that these proposed controls. 1. Topsoil stockpiles will be revegetated with an MLRB approved seed mixture to prevent erosion, material deterioration and fugitive emissions. 2 . Emissions from material handling such as removal, conveying, loading, and hauling will be controlled with water spray at all times unless adequate material moisture is sufficient to control emissions. 3 . Vehicle speed will be maintained to the posted limit on County roads, on interior unpaved roads haul speeds will be limited to 15 MPH. We will post signs. 4 . Emissions from unpaved haul roads will be controlled by watering twice a day or as needed depending on season of the year. 5. Emissions from haul trucks shall be prevented by limiting loads to the legal weight and distributing the load to stop wind loss. 6. Reclamation work shall take place to keep the total disturbed areas at any one time to a minimum. 7 . Contact information: Operator: Sterling Ready-Mix Concrete Company, Inc. Contact: Robert C. McAtee (Bob) Phone #: (303) 522-6500 46 921205 DEED Of TRUST (Due on Transfer - Strict) THIS DECD OF TRUST 1s sade this 25th day of June, 1991 , between Sublette South, • Colorado General Partnership (Borrower), whose address is 7860 East Berry Place, Suite 202, Englewood, CO 80111 ; and the Public Trustee of the County in which the Property (see paragraph 1) is situated (Trustee); for the benefit of Joseph F. Russey, Jr. as to 1/3; Joseph F. Russey, Jr. as sole surviving Trustee of the Mary Baker Russey Irrevocable Trust, as to 1/3; and en (Lender), whose address is 5900 Hosteller Drive, Suite 1,oklihoma City, OR 73112 Borrower and Lender covenant and agree as follows' 1. Property in Trust. Borrower, in consideration of the indebtedness herein recited and the trust herein created, hereby grants and conveys to Trustee in trust, with power of sale, the following described property located in the County of Weld, State of Colorado, SEE EXHIBIT 'A' ATTACHED HERETO AND MADE PART HEREOF which has the address of U S Highway 34, Wiggins, Colorado (Property Address) together with all its appurtenances (Property). 2. Note; Other Obligations Secured. This Deed of Trust is given to secure to Lenders A. the repayment of the indebtedness evidenced by Borrower's note (Note) dated June 25, 1991, in the principal sum of $100,000.00 U.S. Dollars, with interest on the unpaid principal balance from June 25, 1991, until paid, at the rate of 9.0 percent per annum, with principal and interest payable at 5900 Hosteller Drive, Suite 1 Oklahoma City, OK 73112 or such other place as the Lender may designate, annual in payments of 315,582.00 _.. Dollars (U.S.$ FIFTEEN THOUSAND FIVE HUNDRED EIGHTY TWO AND 00/100) due on the 28th day of each June beginning June 25, 19921 such payments to continue until the entire indebtedness evidenced by said Note is fully paid; however, if not sooner paid, the entire principal amount outstanding and accrued interest thereon, shall be due and payable on Jana 25, 1995; -ee•Joeeph F. Russey, Jr. as Personal Representative of the Estate of Charles S. Ramsey, Deceased, as to 1/3 and Borrower is to pay to Lender • late charge of 8.0 t of any payment not received by the Lender within 5 days after payment is due; and Borrower has the right to prepay the principal amount outstanding under said Note, in whole or in part, at any time without penalty except B. the payment of all other sums, with interest thereon at 15.0 t per annum, disbursed by -- Lender in accordance with this Deed of Trust to protect the security of this Deed of Trust; sod C. the performance of the covenants and agreements of Borrower herein contained. 3. Title. Borrower covenants that Borrower owns and has the right to grant and convey the Property, and warrants title to the 'Jame, subject to general real estate taxes for the current year, easements of record or in existence, and recorded declarations, restrictions, reservations and covenants, if any, as of this date and except No exceptions 4. Payment of Principal and Interest. Borrower shall promptly pay when due the principal of and interest on the indebtedness evidenced by the Note, and late charges as provided in the Note and shall perform all of Borrower's other covenants contained in the Note. S. Application of Payments. All payments received by Lender under the terms hereof shall be applied by Lender first in payment of amounts due pursuant to paragraph 23 (Escrow Funds for Taxes and Insurance), then to amounts disbursed by Lender pursuant to paragraph 9 (Protection of Lender's Security), and the balance in accordance with the terms and conditions of the Note. • 47 921205 6. Prior mortgages end Deeds of 'rust; chore's; liens. Borrower shell perfore all of Borrower's obligation under any prior deed of trust and a then prior lient. Borrower shall pay ell tuts, amen' rd other eherses, fines and laymen lone attributable e property which may hove or attain s priority over this of Tryst, and Isesehold payments or grad rents. if any, .ne manner set out in pre reeeeph 21 (Escrow Reds for lases insurance) or, if not repaired to be paid in such manner, by Borrower asking payment Men due, directly to the payee thereof. Despite the foregoing, Borrower shall not be required to make payments otherwise required by thie paragraph if Borrower, after notice to Lender, shell in pod Idth contest ouch obligation by, or de feet enforcement of such *ligation in, legal proceedings which operate to prevent the enforcement of the obligation or forfeiture of the Property or any part thereof, only span Borrower snaking ell such contested payments and other peymenls es ordered by the court to the registry of the court in Mich such proceedings ore filed. 1. Property Insurance. Borrower shell keep the Improvements now gelatin. or hereafter erected on the Property insured *palest loo by firs or huerds including within the ter" "extended coverage" In an amount at least equal to the 1 f (1) the insurable value of the Property er (2) en "mount sufficient to pay the sun secured by this Deed of Trust as well as trey -- prior ancu+brsnces en the Property. All of the foregoing shell be known es "Property incursive'. The insurance cornier providing the insurance shell be qualified to write Property Insurance in Colored* owed shall be chosen by Borrower object to Lender's right to reject the chosen carrier for reasonable cause. All insurance policies end renewals thereof shell include a standard mortgage clause in Boor of lender, and shell provide the the Insurance carrier shall notify lender et least ten (10) days before cancellation, termination or any materiel charge of coverege. Insurance policies shell be furnished to lender et or before closing. lender shell have the right to hold the policies and renewals thereof. In the event of loss, Borrower shall give prompt notice to the Insurance terrier end lender. Lender may make proof of loss If not made promptly by Borrower. Insurance proceeds shall be spelled to restoration or repair of the Property damaged, provided such restoration or repair Is econcmitelly feasible end the security of this Deed of Trust is not thereby Impaired. If such restoration or repair is not economically feasible or if the security of this Deed of Trust would be impaired, the Insurance proceeds shell be applied —' to the sure secured by this Deed of trust, with the fleet.,if enY, mid to Borrower. If the Property le abandoned by Borrower, or if Borrower fells to respond to lender within 30 dos from the date notice Is given In accordance with parsers* 16 (Notice) by lender to Borrower that the Insurance cornier offers to settle a claim for Ineurence benefits, Lender Is authorized to collect and apply the Insurance proceeds, et tender's option, either to, restoration or repair of the Property or to the suns secured by this Deed of Trust. Any such end l cation of proceeds to principal shall not extend or postpone the due date of the Installments referred to to paragraphs 4 (Payment of Principal and interest) end 23 (Escrow Fads for lanes end insurance) or change the *mount of such installments, votwi thstanding anything herein to the cantrery. If ceder paregraph 16 (Acceleration; Foreclosure; Other Remedies) the Property is acquired by lender, all right, title end Interest of Narrower In arty to any insurance policies and in and to the proceeds thereof resulting from damage to the Property prior to the sole or acquisition shell pas to tender to the extent of the sun secured by this Deed of Trust immediately prior to such sole or acquisition. All of the rights of Borrower and lender hereunder with respect to insurance cerr lm, Insurance gal ids and insurance proceeds ere subject to the rights of any holder of e prior deed of trust with respect to said Insurance carriers, petioles and proceeds. 6. Proarvetion and Maintenance of Property. Borrower shall keep the Property in good repair and shall not commit waste or permit inpei renennt or deterlorat ice, of the Property end shell comply with the provision* of any lease in this Deed of Trust is on e leasehold. Borrower shell perform ell of Borrower's obi igall one under any declarations, covenants, by-laws, rules, or other documents governing the use, ownership or occupancy of the Property. 9. Protection of Lender's Security. Incept Men Borrower hes exercised Borrower's rights ceder paragraph 6 above, if the Borrower fells to perform the covenants and agreements contained in this Deed of Trust, or if r default occurs In a prior lien, or II any action or proceeding is commenced which materially effects lender's Interest in the Property, then Lender, et lender's option, with notice to Borrower If required by law, may make such epeerances, disburse such sow end lake such action es is necessary to protect Lender's interest, including, but not limited to, disbursement of reasonable attorney's fees end entry upon the Property to make repairs. Borrower hereby ostlers to tender any right Borrower may hove by reason of any prior encumbrance on the Property or by law or otherwise to cure any default under sold prior encumbrance. Any amounts disbursed by lender pursuant to this parsers* 9, with interest thereon, shell become odd!tioeal irdebtedess of Borrower secured by this Deed of Trust. Such amounts shell be payable upon notice from tender to Borrower requestin g thrnt thereof, aryl ure)r Bathing bring suit a to collect i enY "graph so disbursed plus interest toIncur any In penrn* 21 (Mesa; Other action Obligations Secured). Ytehirg contained in this paragraph 9 shall require larder to Incur wry expense or take any ectlon hereunder. 1e. Inspection.g lender may make or cause or to be made c nspection entries upon andinspectionlof the Property,l 0 tended that lender shell oleo lorrower entice prior to my such Inspection specifying reasonable cause therefor related to Lender's Interest Co the Property. 11, Condemnation. The proceeds or any ,fiord or claim for damages, direct or consequential, In connection with any andshlll be or other er of the Property, or part thereof, or her conveyance in lieu of tenders hereunder with hereby*listenedto and shell ebed paid to lender n herein provided. However, all of the e rights of Borrower end lender A vl th respect to such In o subject to the rights of sny holder of a prior deed of e trust. In event of y t paid taking of the Inothet e, the proceeds shall be applied to the y, secured by this Deed ooff Trust, with the excess, if any, paid to Borrower.ey In the event l of t ward) taking of the d between the emend S remaining otter amt out any she eofm the award due my prior lien holder (ref sward)immediately be divided between lender and gobearsr,t in the same ratio a the anent of the sure secured by this date of Trust ak .mvorroser prior to In date of taking ee bears to Borrower's o she in the Property emamount of ser to the byte of taking. B ofr Trusts equity ell In the liens Property eptns the fair market value of the Property ofy less the raft a of sure secure, ibye both this Deed of Trust end ell prior flew (except lases) that ore to receive the of the award, alt at the value e ,eor•if,y prior to the date of totting. If the property is abandoned by Borrower, or if, after notice by dr Lender to Borrower that the cdatenfc offers to make an lender ▪ or settle uho e ed to for damages.'poly falls to et to' Lender ,within 30 oera after the re such i notice le given, to the Is wsecures to his l Dee end f Trusy the proceeds, as larder's option, either to restoration or repair of the Property or to the sure secured ebyt this of Trust. p Any aphs a (Payment of proceeds e me principal nd not extend or s postpone the due nsue of )her change Installments referred o to '- In paragraphs 4 (Payment of Principal wet Interest) and 23 (Escrow Funds for Taxes and Insurance) nor the count o/ such imtellments. 12. Borrower Mot Released. Extension any of the time fore fpayment or modification shalls ten oofp sort tee teen sofe the sun secured by this Deed of Trust granted by lender to moo successor In cessor of Borrower shall not oorigie to erle of in enY manner, the Lendersuccessors DeedofTrust.shall not be required tore secur proceedings splint such successor aon or refuse te extend time for l payment or otherwise modify amortization esen of the tern secured by this Deed of trues by noon of any demand node by the original Borrower nor Borrower's successor, in Interest. 13, Forbeerence by lender Vol o vdver. Any forbearance by lender in exercising any right or remedy hereunder, or otherwise .florded by Ica, shall not be e waiver or preclude the exercise of any such right or remedy. IS. Remedies Cumulative. Each remedy provided in the Mote end this Deed of Trust is distinct free and cumulative to ell other rights or remedies under the vole and this Deed of Trust or afforded by m.4 or equity, and may be exercised concurrently, independently or successively. IS. Successors and Assigns Bound; Joint and Several liability; emotions. The covenants and agreements herein contained shall bird, end the rights hereunder shall inure to, the respective successors and assigns of lender end Borrower, subject to the prowl s ions of paregre* 24 (transfer of the Property; Assumption). All covenants and agreements of Borrower shall be joint and leveret. The options end headings of the paragraphs of this Deed of Trust ore for convenience only end are not to be used to interpret or define the provisions hereof. 16. Splice. Except for any notice required by taw to be given In smother manner, (e) my notice to Borrower provided for in this Deed of Trust shell be in writing end shell be given end be effective upon (1) delivery to Borrower or (2) mailing such notice by first-class U.S. moil, addressed to Borrower at Borrower's address stated herein or at such other address es Borrower may designate by notice to lender as provided herein, end (b) any notice to Lender shall be in writing end shalt be given and be effective upon (I) delivery to Lender or (2) mailing such notice by first-class U.S. mall, to Lender's address stated herein or to such other address as lender may designate by notice to Borrower es provided herein. Any notice provided for in this Deed of trust shall be denied to have been given to Borrower or Lender when given in cony manner designated herein. IT. Governing Lew; Seversbility. The Mote et this Deed of Trust shell be governed by the law of Colorado. In the event that any provision or clause of this Deed of trust or the Note conflicts with the law, such conflict shall not effect other provisions of this Deed of trust or the vote which con be given effect without the conflicting provision, and to this end the provisions of the Deed of Trust and Mote are declared to be severable. 48 91.we5 IS. Act eleras Ion; Foreclosure; Other Iaedln. Except as provided In paragraph 24 (Transfer of the Property; Assumption), upon'afrower'e breach of any covenant or sgrseeent of lorrower In this Deed of Trust, or upon arty defoult in prior lien apes the Property. (unless Borrower has exercised Borrower's right, deer paragraph 6 shove), et tender', option, all of the sure secured by tide Deed of Trust shell be immediately due and payable (Acceleration). To exercises this option, Lender may invoke the power of eels oral any other remedies permitted by law. Lender shall be entitled to collect all reasonable coats and expenses incurred in pursuing the remedies provided in this Deed of Trust, including, but not limited to, reasonable attorney's fees. If lender invokes the power of sale, lender shell give written notice to Trustee of such election. Trustee shall give such notice to Borrower of Borrower's rights se la provided by la. Trustee shall record o copy of such notice as required by law. Trustee shall advertise the tire and place of the sale of the Property, for not less than four weeks in a newspaper of general circulation in each county in which the Property is situated, and shall mail copies of such notice of sale to sorrwer and other persons as prescribed by law. After the lapse of such time as may be repaired by low, Trustee, without demand on Borrower, shall sell the Property at public suction to the highest bidder for cash at the ties and place (which may be en the Property or any part thereof as permitted by law) in ant or more parcels as Trustee may think best rd in such order as Trustee may determine, lender or Lender's designee may purchase the Property at any sale. It shell not be obligatory upon the purchaser at any such.pal, to sae to the application of the purchase money. Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and apron of the sale, Including, but not limited to, reasonable Trustee's end attorney's fees and costs of title evidence; (b) to all sure secured by this Deed of Trust; end (c) the excess, If any, to the parson or parsons leasily entitled thereto. le. Borrower'e Might to Curs Default. Whenever foreclosure is commenced for nonpayment of any sun due hereunder, the owner, of the Property or partite Ileitis hereon shall be entitled to cure said defaults by paying all delinquent principal and - Interest payments As as of the date of cure, Beats, expenses, let, charges, attorney's fees and other foes ail In the manner provided by la. Upon such payment, this Deed of trust end the obligations secured hereby shall remain in full force and effect es though no Acceleration had occurred, end the foreclosure proceedings shell be discontinued. 20. Assignment of Rents) Appointment of Receiver; Lender in Poeeeee ion. As additional security hereunder, Borrower hereby assigns to lender the rents of the Property; however, Borrower shall, prior to Acceleration under paragraph IS (Acceleration; Foreclosure; Other Remedies) or ebandwnent of the Property, have the right to collect end retain such rents as they become due end payeble. Lender or the holder of the Iruetse'e certificate of purchase shall be entitled to a receiver for the Property after Acceleration under paragraph ID (Acceleration; foreclosure; Other Remedies), and shall also be so entitled during the time • covered by foreclosure proceedings and the period of redemption, if any; and shall be entitled thereto as s matter of right without regard to the solvency or insolvency of Borrower or of the then owner of the Property, and without regard to the value thereof. Such receiver may be appointed by my Court of competent Jurisdiction span ex parte appl tut ion and without notice -notice being hereby expressly waived. Upon Acceleration under paragraph IB (Acceleration; Foreclosure; Other Remedies) or abandonment of the Property, tender, in person, by agent or by Judicially-appointed receiver, (hall be entitled to enter upon, take possess ion of and mirage the Property end to collect the rents of the Property including those past due. Alt rents collected by Lender or the receiver shell be eppl led, first, to payment of the costs of preservation and management of the Property. second, to Ferments due Pran prior liens, end then to the eure secured by this Deed of trust. lender and the receiver shall be liable to eccrnt only for those rents actually received. 21. asters*. Upon payment of all sun secured by this Deed of Trust,.Lender shall came Trustee to release this Deed of Trust end shall produce for Trustee the Mote. Borrower shall pay all costs of recordation and shell pay the statutory Trustee's fees. If lender shall not product the Mote as aforesaid, then Lender, wpm notice in accordance with paragraph 16 (Notice) from Borrower to lender, shell obtain, et Lender's expanse, end file any lost instrument bed repaired by Trustee or pay the cost thereof to effect the cringe of this Deed of Trust. 22. Velvet of Exemptions. Iorrower hereby valves all right of homestead and any other exemption in the Property ceder stets or federal law presently existing or hereafter enacted. 23. Escrow Funds for Leas and Inourenae. This paragraph 23 is not applicable if Funds as defined below are being paid pursuant to a prior encumbrance. Subject to applicable low, terrain/ shall pay to Lender, on each day Installments of principal and Int erect are payable ceder the Note, until the Mote Is paid in full, a sus (herein referred to as *funds") opal to M/A of the yearly taxes and ments which may attain priority over this Deed of Trust, plus N/A of yearly premium installments for Property Insurance, all as reasonably estimated initially and from time to time by Lender on the basis of ssseasRents and bills end reasonable estimated thereof, taking into account any excess Funds not used or shortages. The principal of the funds shall be held in a separate account by the lender In trust for the benefit of the Borrower and deposited in an institution the depaaits or accounts of which use insured or gusrenteed by a federal or state agency. Larder shall apply the lute to pay said taxes, assessments and insurance premium. tender may not charge for so bolding and applying the Fuds, ens lys ing seld sccotmt or verifying end cmpil led said esseumenta and bills. Lender shall not be -- required to pay harrower any Interest or turnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Finds was made. The Funds are pledged as additional security for the aura secured by this Deed of Trust. If the amount of the Fads held by lender shall not be sufficient to pay tan, rents and insurance premium as they fell due, Borrower shall pay to lender my amount necessary to make tp the deficiency within SO days from the dela notice is given In accordance with paragraph 16 (Notice) by Lender to Borrower requesting payment thereof. Upon payment in full of sit sun secured by this Deed of Trust, lender shell simultaneously refund to Borrower any Feeds held by lender. if under paragraph IS (Acceleration; Foreclosure; Other Remedies) the Property is sold or the Property is otherwise acquired by Lender, lender shall apply, no Isar than Immediately Prior to the salt of the Property or its acquisition by Lender, whichever occurs first, any Funds held by Lender at the time, of application as a credit against the sun secured by this Deed of Trust. 49 9Z12e5 24. Tram ler of the Property; Aesupr ion. The galosh, evante shall be referred to herein as a 9nen feral Cl) transfer or corneyence of title (or any portion thereof, lead or *gettable) of the Property (or any pert thereof or Interest therein), (11) the execution of a contract or agreement creating a right to title (or any portion thereof, legal or equitable) in the Property (or any part thereof or Interest therein), till) or en agreement granting a poaunory right In the Property (or any portion thereof), in excise of three (3) year., (iv) a sale or transfer of, or the execution of a contract or agreement creating a right to empire or receive, more than fifty percent (501) of the controlling interest or more then fifty percent (50%) of the beneficial intareet in the narrower, Iv) the reorganisation, liquidation or dissolution of the Not to be Included se a Transfer are (I) the creation of • lien or encumbrance subordinate to this aced of Trust, (II) the creation of a purchase rangy security interest for household spotlarcss, or (III) a transfer by devise, descent or by -- operation of the law won the death of a joint tenant. At the dectlon of lender, in the event of each and ovary Transfers (a) All sun secured by this Deed of Trust shall become lanedi ately due end payable (Acceleration). (b) If a Irene for occurs and should lender not exercise lender's option pursuant to this paragraph 21 to Accelerate, Transferee shall be deemed to have assured all of the obi)gat lane of Borrower under this Deed of Trust Including all sun secured hereby whether or not the Ina truant evidencing such conveyance, tontrecI or grant expressly so provides. this covenant shall run with the Property end remain in lull force and effect until said sum are paid in full. the tender may —' without notice to the Borrower deal with Transferee in the same manner as with the Borrower with reference to said sun Including the payment or cad'l to transferee of udi obursed reserve funds on payment In lull of said gran, without in any way altering or discharging the eorrower'e liability hereunder for the obligations hereby secured. (c) Should lender not elect to Accelerate upon the occurrence of such Transfer then, subject to (b) above, the ems het of a lapse of that or the acceptance of payment subsequent to any of such events, whether or not lender had actual or _ constructive notice of such Transfer, shall not be deemed a waiver of tender's right to make such election nor shall tender be Wrapped therefrom by virtue thereof. The Issuance on behalf of the lender of a routine stetment showing the status of the loan, whether or not tender had actual or constructive notice of such Transfer, shall not be a waiver or estoppel of Lender's said right.. 25. eorrower's Copy. Borrower acknowledges receipt of a copy of the loots and of this Deed of Trust. EXECUTED BY BORROWER Sublette South, a Colorado General Partnership dame/Title BY Name/Title STATE OF COLORADO pepe� ) es. The foregoing instrument wag acknowledged before ma County of j+a tdeE ) this 25th day of June, 1991 k �Meadows by Sublette South, a Colorado General Partnership by f(q,L1 /f)eado gs ae General Partner Witnoes my hand and offl7o1 sgal Hy commission expires Ib ',/s,,� ..j_ 11 No. TO 72-11-63 - 0 �tGt cif ' e&t- '1+ ss 2 fkm U) S02oa, vl 4 5 • , )fit R 921205 EXHIBIT "A" The Northeast quarter (NE1/4 ) and the East half (R1/2) of the Southeast (SE1/4 ) of Section 23 , Township 4 North, Range 61 West of the 6th Y.H. , County of Weld, State of Colorado; EXCEPTING THEREFROM a parcel of land on the Southwest corner of the Northeast quarter (NE1/4 ) as conveyed by Deed recorded February 5, 1908 in Book 273 at Page 121; - - - TOGETHER with and including the following water rights: 1) Rumsey Well No. 1-15364 , including its well permit and associated water right, as described in the files of the State Engineer for Well Permit No. 15364 and Replacement Well Permit No. RF885; as decreed in Case No. W-3052 by the Water Court for Water Division No. 1 on October 28, 1975; and associated rights as an alternate point of diversion and as part of the plan for augmentation decreed by the Water Court for Water Division No. 1 in Case Nos . W-2704 and W-9172-78, by separate decrees entered on December 3, 1974, and February 25, 1985; 2 ) Rumsey Well No. 4 and its associated water right, as decreed in case no. W-3052 by the Water Court for Water Division No. 1, on October 28, 1975; and 3 ) All other water and water rights, ditches and ditch rights, reservoirs and reservoir rights, springs and spring rights , wells and well rights, tributary and non-tributary, on, under, appurtenant to, or used in the lands described above. 51 911.2x5 SOILS AND VEGET.., ION WILDland 11ANagemcnt Services P. U. Lox 23, Orchard, CO 80649 Phone 303-545-2471 Steve O'Brian July 14, 1 `Is1? Environment, Inc. 7985 Vance Drive Arvada, CO 80003 Dear Steve, As per our phone conversation of last evening, 1 have researched soils and vegitation For the proposed Sublette gravel mining sit.,•. Gary Davis, Range Conservationist For the Soil Conservation Service in Ft. Morgan, CO, has reviewed the soils information available From the wetland analysis completed For you by Steve Dougherty at ERO. Gory is comfortable with the data presented in that wetlands report. He confided to me that a S. C. S. soil survey of this site would take quite some time to get to due to backlog;: and time constraints, and that they are recommending the hiring of outside contractors to do these types of surveys. there is no need to duplicate efforts here. Cary's specific recommendations and comments based on his personal observation and knowledge of the site ore: Top Soil Depths are extremely variable across the entire project area. Average depths, based on ERO 's data, are 5 to 6 inches. Current Vegitetive Cover as expressed by basal density ( the area covered by stems alone if all top growth and thatch ore removed) is a maximum of 10% to 15%. Existing live ground cover does not exceed 40%. Seeding Mixture recommendation will be Forwarded to you as soon as it is completed by S. C. S. It will include Switchgrass, Sand bluestern, Prairie sandreed, lndiangrass, Alkali sacaton, Western wheatgrass, and Prairie cordgrass. These are all desireable range and wildlife species. Cultural recommendations include seeding twice the normal dry land rate per acre because of the critical nature of reclamation. A spring cover crop should be planted first, then interseed the grasses as soil, shade, and moisture conditions dictate. That failing, the last resort alternative would be to mulch with clean wheatstraw end/or manure. Fertalization may be required at anywhere From 15 to 40 pounds of available nitrogen per acre. I hope these site specific recomendations provided by S. C. S. , and the soils data provided by ERO meet the permitting criteria. Sincerely; Rick L. San quist 52 9.21.2e5 SOILS AND VEGETAl.JN U.S. DEPARTMENT OF AGRICULTURE . . CO-ECS-5 SOIL CONSERVATION SERVICE (180-12-11) COLORADO Rev. 4/92 PART I - GRASS SEEDING PLANNED Producer: Sublette Land Cattle Co. Planner: Gary C. Davis Date: 8-6-92 �Item Contract or Agreement # mk Contract �No. NA Field No. 1 Practice Name & No. ririrat araa Planting. * Irrigated Dr:iand x Land Resource Area 67 Range Site Salr meads.. K Sandy hottomland Seedbed Preparation: Method Cover Crop Approximate dates Nov 1 - April 30 Dead Litter Cover; Crop residue Kind, Pounds residue needed. 7Son Clean till, Firm Seedbed, Interseed, Other Sorghum nr small grains Seeding Operation: Drill x Interseed Broadcast Date Nov 1 - April 30 Drill spacing 7-10" Type n n with nepth Planting depth 1/2" Bands Fertilizer: Pounds actual available nutrient per acre recommended. Nitrogen (N2) 4n Phosphorus (P205) __4n Potassium (K) Weed Control: Chemical, Kind & Amount 2,4-D: Banvel & 0therdlechanical Mowing Flash Grazing Dates First summer after seeding at minimum Mulch: Kind Optional Amount Anon lbs/Ac. How applied spread How anchored crimp Anchored depth 4" Seed Recommendations * Planned acres undetermined at present time. Therefore simply multiply column #3 times column #4 to determine column 05 in each phase of reclamation. (1) (2) Required PLS rates % of species Species Variety per acre (100%) in mixture Sand Bluestem Woodward 16.0 15 Prairie Sandreed Goshen 7.0 10 Switchgrass Blackwell 5.0 15 Yellow Indiangrass Cheyenne 10 0 15 _- Western Wheatgrass Arriha 16 0 20 Salada Sal talk 1 s 20 Alkali Saratnn 7 n Little Bluestem Cimarron 10 (3) Big Bluestem Kaw (4) 11.0 (5) PLS seeding rate Total PLS lbs/ per species/Ac. Planned species planned (1) x(2) Acres (3)x(4) 2.4 . 7 . 75 15 1 ? _ 3 1. 1 SCS cost shared programs such as Great Plains, Watershed activities, RC&D measures and any other program requires the use of Certified Seed (Blue Tag) if available. Remarks Four wing salt bush is a rgtive shrub on the salt meadow site. This should be added to the above grass seed or planted as seedlings. Also there are many desirable Eorbs which c5.td be included to enhance the seeding. 9'21295 SOILS AND VEGETA- N (CONT) 9. Aquolls-Aquents-Bankard 3—Aquolls and Aquents, gravelly substratum. This nearly level map unit is on bottom lands and flood plains Deep, level and nearly level, poorly drained and of all the major streams in the survey area. /kiwi's, somewhat excessively drained loamy soils and sandy which have a dark colored surface layer, make up about loamy formed in alluvium 00 percent of the unit. Aquents, which have a lighter This level and nearly level map unit is on flood plains colored surface layer, make up about 35 percent. About 5 along major streams throughout the survey area. It percent is Aquepts and Bankard sandy loam. makes up about 5 percent of the total acreage. About 35 These are deep, poorly drained soils that formed in percent is Aquolls, 20 percent is Aquents, 20 percent is recent alluvium. No one pedon is typical. Commonly the Bankard soils, and 25 percent is soils of minor extent. soils have a mottled, mildly alkaline to moderately al- Aquolls and Aquents form an intermingled complex kaline loamy or clayey surface layer and underlying pattern along the outer limits of the bottom land, or flood material and are underlain by sand or sand and gravel plain. Bankard soils are adjacent to the streams. Aquolls within 48 inches. In places they have a gleyed layer in the and Aquents are poorly drained, and Bankard soils are underlying material. somewhat excessively drained. Aquolls and Aquents are Most of the acreage is subject to flooding. The water loamy and have a seasonal high water table. Bankard soils table is at or near the surface early in spring and recedes have a sandy loam surface layer and sand underlying to as deep as 48 inches late in fall in some years. material. These soils are used for rangeland and wildlife habitat. Minor in this unit are the poorly drained Aquepts and Some small areas have been reclaimed by major drainage the well drained Colombo, Ilaverson, and Nunn soils. and leveling and are used for irrigated crops. This map unit is used mainly for rangeland and. wildlife The potential native vegetation is dominated by alkali habitat. Wetness and the hazard of flooding are the main sacaton, switchgrass, and western wheatgrass. Saltgrass, limitations in farming and for most other purposes. The sedge, rush, and alkali bluegrass are also prominent. potential is good for development of wetland wildlife potential production ranges from 3,000 pounds per acre in habitat. This map unit also has good potential as a source favorable years to 2,000 pounds in unfavorable years. As of sand and gravel. range condition deteriorates, the switchgrass, alkali sacaton, and western wheatgrass decrease and saltgrass, sedge, and rush increase. Management of vegetation should be based on taking half and leaving half of the total annual production. Seed- ing is difficult and costly because numerous tillage prac- _ tices are required to eliminate the saltgrass sod. Switchgrass, western wheatgrass, alkali sacaton, tall wheatgrass, and tall fescue are suitable for seeding. They can be seeded into a clean, Finn seedbed. Seedbed preparation usually requires more than 1 year to eliminate the saltgrass sod. A grass drill should be used. Seeding early in spring has proven most successful. Wetland wildlife, especially waterfowl, utilize this unit. The wetland plants provide nesting and protective cover, as well as some food. The nearby irrigated cropland, where wildlife obtain much of their food and find protec- tive•cover, makes this unit valuable to both wetland and openland wildlife. Openland wildlife, especially pheasant, use this unit for cover and nesting. Deer find excellent cover in some areas. These valuable wildlife areas should be protected from fire and fenced to prevent encroachment and overuse by livestock. They should not be drained. These soils have good potential as a source of sand and gravel. Capability subclass VIw; Salt Meadow range site. ¢ 921.2 RtS SOILS AND VEGETA.ION Milliard series lo—Bankard sandy loam, 0 to 3 percent slopes. This is a deep, somewhat excessively drained soil on flood The 13ankard series consists of deep, well drained to ex- plains at elevations of 4,450 to 5,000 feet. It formed in cessively drained soils that formed in stratified sandy al- stratified recent alluvium along streams and rivers. In- Iuvium. Bankard soils are on bottom lands. Slopes are 0 to eluded in mapping are numerous sand and gravel bars 3 percent. and small areas of noncalcareous soils. [tankard soils are similar to Lhe Ilaverson soils and are 'Typically the surface layer of this Minicar(' soil is near the Aquolls and Aquents. Ilaverson soils are finer brown sandy loam about 4 inches thick. The underlying material to a depth of 60 inches is pale brown calcareous textured in the C horizon. Aquolls and Aquents are poorly drained. sand stratified with thin lenses of sandy loam, loam, and fine gravel. Typical pedon of !tankard sandy loam, 0 to 3 percent permeability is moderately rapid. Available water slopes, 550 feet north and 2,300 feet west of the southeast capacity is low. The effective rooting depth is GO inches or corner sec. 30, T. 5 N., It. 65 W. more. Surface runoff is slow, and the erosion hazard is AI-0 to 4 inches; brown(10Ylt 5/3)sandy loam,dark brown(10YR 4/3) low. moist; weak fine granular structure; soft, very friable; calcareous; This soil is suited to limited cropping. It is sandy and moderately alkaline; gradual, wavy boundary. subject to flooding. Pasture is the best use. 'fall wheat- C-4 to 60 inches; pale brown (IOYIt 6/3) sand stratified with thin Ien- grass, tall fescue, and annual sweetclover are some of the sea of loam, sandy loan, and fine gravel, brown (IOYR 5/3) moist; most suitable crops. Light, frequent irrigation by furrows single grained;loose;calcareous; moderately alkaline. and flooding is best. Commercial fertilizer improves the Typically these soils have free carlmnates at the surface. Coarse (rag- amount and value of forage produced. month make up 0 to I0 percent of the soil. The potential native vegetation is dominated by The A horizon has value of 5 or 6 dry and to 5 moist and chrome of 2 switchgrass, indiangrass, sand bluestem, sand reedgrass, ar 3 . It is sandy loam or loamy sand. The C horizon is commonly sand sideoats grama, needleandthread, and blue grama. Much or loamy sand. of this range site includes other soils and vegetation in such a complex pattern that it is difficult to map them separately. Potential production ranges from 2,500 pounds -- per acre in favorable years to 1,500 pounds in unfavorable years. As range condition deteriorates, the tall and mid grasses decrease; blue grama, sand dropseed, and fortis increase; and forage production drops. Undesirable weeds and annuals invade the site as range condition becomes poorer. Management of vegetation should be based on taking _ half and leaving half of the total annual production. Seed- ing is desirable only in areas large enough to interseed or to prepare a seedbed. Switchgrass, sand bluestem, sand reedgrass, sideoats grama, little bluestem, blue grama, pu bescent wheatgrass, and intermediate wheatgrass are suitable for seeding. This soil can be seeded by using an interseeder or a firm, clean sorghum stubble. A grass drill is required. Seeding early in spring has proven most suc- cessful. This soil is generally not suited to the establishmem and growth of trees and shrubs. Onsite investigation is needed to determine feasibility and possible tree an, shrub species. Wildlife is an important secondary use of this soil. The cropland areas provide favorable habitat for ring-necked _ pheasant and mourning dove. Many nongame species can be attracted by establishing areas for nesting and escape cover. For pheasants, undisturbed nesting cover is essen- tial and should be included in plans for habitat develop- ment, especially in areas of intensive agriculture. Range- land wildlife, for example, deer and antelope, can be at- tracted by managing livestock grazing and reseeding where needed. This soil is not suited to urban or recreational develop- ment because of the flood hazard. Capability subclass IVw irrigated, VIw nonirrigated; Sandy Bottom land _ range site. Q .� 55 921205 SOILS AND VEGETATION 70 10 11 12 • E 69 fig ' 69 •w' 4 ' 'k 704 Yr 1 f 6: - 15 14 70 13 % , 0C. —a—,—i� • 6a a ,7 i �i" . �, ,, ti S �- a" . .idr :..$ ' + .� r"e w ,fir �M �6�J- 4+� fL �� ^ rr.vf '`` `. + �. ='" i3'3'F .Y -4, �9'r --- th m J -,�a'r/ !`�r,•;� �^" r 4fnaw M`Yi r t.„0•''°�x� b� P: '♦H ...'/J �, �s�, qp n �_`u 4t, , .dam ; �A.. , ,lid ,�• !G .�I � „' y1 ' .°' ri. .t f' G�.�t µ 5' wy,,. 1 :7 •se ,y� y. .�yij ,�.v y ♦dal e ii 68 '1.41It w.. T x[71 M 22 ♦ o-; .R,* e : 21 ...q y ' _. ! ♦ 9r i. 4 ,� �t R. 68 . I aT' " L '� (1�.' %1 ' ��`P. ��L 9'"Y'0 �6' j 4r : ,1 t r !t 4 3 17 ` 7fJ �j , !J,. zi i // 46 r el ti", J �i' LL .1:: ALI 1.!4 yr r r r"'I'`� ., Of . ,.. 4. -- _` 69 5+ dry t ' 'fie ; s J 'fig �• t ¢ y'jp� eW I. r�'l , i ?.. / R a ` . ' Ks 27 T. lF �'''''"•41:i•' R• Xl `�`1! 7 �t F o - .. I ,i. �� . �a SOILS AND VEGETA.SON WELD COUNTY, COLORADO, SOUTHERN PART 121 TABLE 11.--WILDLIFE HABITAT POTENTIALS (See text for definition! of "good," "fair," "poor," and "very poor." Absence of an entry indicates the soil was not rated) Potential for habitat elements ' Potential as habitat for Soil name and I Wild I map symbol I Grain Grasses herba- I Shrubs I Wetland ; Shallow ;0penland I Wetland Rangeland ;and seed and ceous I I plants ; water ;wildlife ;wildlife wildlife I crops'" legumes plants I ; r areas r 1r__ - -- - , 1 , 2 Good Good Fair ;Fair ;Poor Very poor Good ;Very poor Fair . Altvan 3r ; ; /` Aquolls ;Poor Poor Good :Fair ;Good (Good Fair ;Good ,Fair . Aquepts ;Poor Poor Good ,Fair ;Good ;Good Fair ;Good ;Fair . 4,. Aquolls :Poor Poor Good Poor :Good !Good Fair ;Good ;Fair . Aquepts ( ' Poor Poor Good ;Poor ;Good ;Good Fair ;Good ;Fair . 5, 6 :Good Good Fair :Fair ;Poor :Very poor Good ;Very poorlFair . Ascalon 7 ;Fair Good Fair ;Fair ;Poor Very poor Fair ;Very poorlFair . — Ascalon ' 8, 9 ;Good Good Fair :Fair ;Poor Very poor Good Very poorlFair . Ascalon � 10 :Poor Fair Fair ;Fair :Poor Very poor Fair Very poor;Fair . B ankard 11 , 12 ;Good Good Fair 'Fair :Poor Very poor Good Very poorlFair . Bresser 13 ;Very poor Very poor Fair Fair 'Very poor Very poor Poor Very poorlFair . Casc ajo 14, 15 ;Good Good Fair Fair ;Poor Very poor Good Very poor Fair . Colby 16, 17 ;Fair Good Fair Fair ;Poor Very poor Fair Very poor Fair . Colby -__ 18': Colby :Fair Good Fair ;Fair ;Poor Very poor Fair Very poor Fair . Adena ;Fair Good Fair ;Fair !Poor Very poor Fair Very poor Fair. 19, 20 ;Good Good Fair ;Fair ;Poor Very poor Good Very poor Fair . Colombo 21 , 22 'Good Good Fair :Fair ;Poor Very poor Good Very poor Fair . Dacono I 23, 24 :Good Good Fair Fair ;Poor Very poor Good Very poor Fair . Fort Collins 25, 26 :Good Good Fair Fair ;Poor Very poor Good Very poor Fair. Ilaverson 27 ;Fair Fair Poor Poor ;Poor Poor Fair Poor Poor . Heldt 28 'Fair Fair Poor Poor ;Poor Very poor Fair Very poor Poor. Heldt 29 :Good Good Fair ;Fair ;Poor Very poor Good Very poor Fair. — . JulesburgI I 30 :Good Good Fair :Fair :Poor Very poor Good Very poor Fair. Julesburg ; See footnotes at end of table. 57 921295 - SOILS AND VEGETA 3N (CONT) TABLE 12.--ERGIIIEERIIIG PROPERTIES AND CLASSIFICATIOIIS (The symbol < means less than; > means greater than. Absence of an entry means data were not estimated ] — ---- 1 I I Classification'Frog 1—Percentage passing Soil name and ;Depth: USDA texture I I Iments I sieve number-- _ Liquid Plas- ma]; symbol I I I Unified I AASIIFO 1 > 3 1 I ___I I limit Melly _ I I Ilnchesl 4 I 10 I 40 I_200 Index I In I P E PcE 3' : I --- --- --- --- --- --- : --- i --- Aquolls 0-IIBIVarlable 1 --- ___ I IIP 118-50lsand, gravelly ISP, SP-SM A-I 0-10 60-90 50-70 30-50 0-10 I I sand. j 1 Aquents 0-48'Varlablc --- --- --- --- --- --- --- rIP- 48-60{Sand and gravel SP, SP-SM A-I 0-10 60-90 50-70 30-50 0-10 II 17 0-4 :Sandy loam SM A-2, A-p 0 95-100 90-100,60-70 30-110 1 --- I III', "ankard 4-60:Fine sand , sand, SP-SM, SM A-7, 0-5 70-100 60-100110-70 5-25 I --- 1 gravelly sand. A-3, { t A-I I TABLE I3.--PHYSICAL AND CHEMICAL PROPERTIES OF SOILS ce actor (T):The psymbol m Absences than;of or. entiye means r dater then. were not The available or o were,not" is for the entire estimated] r —; T filsk of corrosion I €rilaU1Wind ' factorsierodl - Smap name and Depth Perinea- Available Soil Salinity Shrink- 1 1__I___II1111 . map symbol bility a water reaction swell Uncoated Concrete o capacity __ potential steel I_ IKI_FIP. I' -In —In7fir In7in pI1 Rmlios/cm I 1 i 3' : '_' __' 0-48 , Aquolls --- :--- 40-60, >20 O.OII-0.06 7.11-8.4 2-16 Low High Moderate 1 I i Aquents 0-481 --- __- ___ ' 48-601 >20 0.04-0.06 7.4-8.4 2-16 Low Illgh- 'Moderate I- I I 10 I 0-4 12.0-6.0 0.09-0. 121 7.11-8.4 <2 'Low ,Moderate ;Tow I0 101 5 1 3 Dankard 14-601 6.0-20 10.05-0.081 7.4-8.4 1 <2 ILow ;Moderate 'Low 01 1 I I 1 I TABLE 14•--SOIL AND WATER FEATURES ns of mbols(absence terms" an "briefe," and feature s n Theota symbolr< means less than; > means concen. See text for o greater than] and such than] IIIer waEer-Eable I—ueriFoch-- -- -- I Floo oIng k— 8 Solt name and hydro-1 I I Potential map symbol log lcI Frequency I Duration 'Months Depth Kind Months Depth ard- frost (lard- action —_—_— -HrouP_I_ IFt In • I 1 I 3x : I 1 --- Aquolis D Frequent---- IBrlef 'Apr-Jun 0.5-1.0 Apparent Apr-Jun >60 'high. Aquents D Frequent----10rlef 'Apr-Jun 0.5-1.0 Apparent Apr-Jun >60• --- High. 1 I --- >60 --- Low. IO A ,Frequent----1Brief 'Mar-Jun >6.0 --- Dankard 1 I 1 — 58 921205 SOILS AND VEGETE JN (CONT) UNITED STATES DEPARTMENT OF AGRICULTURE ;OIL CONSERVATION SERVICE SECTION II-E RANGE SITE DESCRIPTION , COLORADO FIELD OFFICE Site Name: Salt Meadow #35 Site Number: 067XY035CO 072XY035CO MLRA: 67 & 72 Date Approved: October, 1989 A. PHYSICAL CHARACTERISTICS 1. Physiographic Features Topography is nearly level to gently rolling. Elevation ranges from 3350 to 6000 feet. The landscape has a typical lowland meadow appearance. 2 . Climatic Features a. Precipitation averages 11 to 18 inches annually. From 75 to 80 percent of the precipitation is received between May and October. High intensity summer storms followed by hot, dry, windy periods are common. Additional runoff moisture from adjacent areas or watertable soils provides more production that can be expected from rainfall on this site. Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 0. 4 0. 4 0. 8 1. 4 2 . 5 2 . 5 2 . 3 1. 8 1 . 3 0 . 8 0. 4 0. 4 b. Average annual temperature is approximately 50°F. Length of the frost free period averages about 130 to 160 days and occurs from the middle of May through the end of September. 3 . Native (Climax Potential) vegetation a. The potential plant community is about 80 to 90 percent grasses, 5 to 10 percent forbs and 5 to 10 percent shrubs. Alkali sacaton is the dominant plant in the potential plant community. Switchgrass, western wheatgrass, prairie cordgrass, inland saltgrass, alkali bluegrass, Baltic rush and Nebraska sedge are also prominent. Canada wildrye, little bluestem, slender wheatgrass, big bluestem, other sedges and rushes, American licorice and fourwing saltbush may be present in small amounts. Cottonwood and willow of river bottoms often form bordering plant communities to this site and occasionally cottonwood or willow may be seen on a soil inclusion associated with this site. 97:12M5 59 SOILS AND VEGETA I ION _ page 2 #35 b. Relative percentage of total plant community by weight, air-dry: PLANT COMP. SYMBOL COMMON NAME SCIENTIFIC NAME 1/ PERCENT ******* GRASS AND GRASSLIKE PLANTS SPAI ALKALI SACATON SPOROBOLUS AIROIDES 35 40 PAVI2 SWITCHGRASS PANICUM VIRGATUM 20 25 AGSM WESTERN WHEATGRASS AGROPYRON SMITHII 20 25 - SPPE PRAIRIE CORDGRASS SPARTINA PECTINATA 10 15 POJU ALKALI BLUEGRASS POA JUNCIFOLIA 5 10 ANGE BIG BLUESTEM ANDROPOGON GERARDII 3 7 DISPS2 INLAND SALTGRASS DISTICHLIS SPICATA STRICTA 2 5 - JUBA BALTIC RUSH JUNCUS BALTICUS 2 5 CANE2 NEBRASKA SEDGE CAREX NEBRASCENSIS 2 5 AGTR SLENDER WHEATGRASS AGROPYRON TRACHYCAULUM 2 5 SCSC LITTLE BLUESTEM SCHIZACHYRIUM SCOPARIUM T 5 ELCA4 CANADA WILDRYE ELYMUS CANADENSIS T 5 SPGR ALKALI CORDGRASS SPARTINA GRACILIS T 5 SONU2 YELLOW INDIANGRASS SORGHASTRUM NUTANS T 3 T - H0JU FOXTAIL BARLEY HORDEUM JUBATUM T 1. OTHER NATIVE GRASSES FORBS GYLE3 AMERICAN LICORICE GYLCYRRHIZA LEPIDOTA IVXA RAG SUMPWEED IVA XANTHIFOLIA T 5 T 3 _ GAPA6 SMALLFLOWER GAURA GAURA PARVIFLORA 1 BREVC FALSE BONESET BRICKELLIALEUPATORIODES OSA T 1 OTHER NATIVE FORBS T 5 SHRUBS AND HALF-SHRUBS ATCA2 FOURWING SALTBUSH ATRIPLEX CANSCENS T 5 CHNA2 RUBBER RABBITBRUSH CHRYSOTHAMNUS NAUSEOSUS T 3 OTHER NATIVE SHRUBS 1/ Names according to National List of Scientific Plant Names SCS-TP-159 c. Overgrazing with cattle will result in big bluestem, switchgrass, prairie cordgrass, alkali sacaton, western wheatgrass and fourwing saltbush to decrease or disappear from the plant community. Inland saltgrass, sedges, rushes and several forbs and shrubs increase or invade the site. Continued overgrazing usually results in a sodbound stand of inland saltgrass on this site. 60 921205 SOILS AND VEGETA _IN (CONT) page 3 #35 d. Basal area (the area of ground surface covered by perennial vegetation at ground level) is approximately 50 percent. e. Annual Production If the range is in excellent condition, the approximate total annual production (air-dry) is: Favorable Years 3500 pounds/Ac Normal Years 2800 pounds/Ac Unfavorable Years 1800 pounds/Ac Of this production, 5-10 percent will likely be unpalatable or out of reach of grazing animals. 4 . Native Animal Community Associated with the Potential Plant Community: Deer and pronghorn are the principal big game herbivores . Other species that make use of this site include jackrabbit, other small mammals and rodents, ground nesting prairie birds, shore birds and waterfowl. 5. Soils The soils of this site are deep, somewhat poorly drained and occur on terraces and bottomlands. The soils formed in calcareous alluvium. The soil texture ranges from sandy loam to clay. Permeability is slow to moderate with a high to moderate available water capacity. Surface runoff is slow to moderate. Effective rooting depth of these soils is 60 inches more. Soil Surface Slope Series Texture Range Phase Alda loam 0-3 saline Alda fine sandy loam 0-3 saline Apishapa clay 0-3 - Haverson loam 0-3 saline Hayford silty clay loam 0-3 saline Heldt clay loam 0-3 saline 981205 61 SOILS AND VEGETA..JN page 4 #35 Soil SurfaceSlope Series Texture Range Phase Koen loam 0-3 Koen silt loam 0-3 - Lamo clay loam 0-3 - - Las loam 0_3 3 saline Las loam Las Animas fine sandy loam 0-3 -Lebsack clay loam 0-3 -Loveland clay loam 0-3 - 0-3 saline Limon Mos claclay 0-3 Nunn er clayy loam 0-3 watertable Nunn clay loam 0-3 wet Satanta loam 0-3 watertable loam 0-3 wet Satanta 0-3 saline Wann clay loam saline Wann fine sandy loam 0-3 Wesplain loam 0-3 _- Wesplain silty clay loam 0-3 6 . Location of Typical Examples of the Site. a. Lambertson Ranch, N of Briggsdale, Weld, Co. b. Crosby Ranch, Weldona, Morgan, Co. c. Tamarack Ranch, S of Crook, Logan, Co. 9?' 1.2n`S 62 SOILS AND VEGETI JN (CONT) page 5 #35 B. MAJOR USES AND INTERPRETATIONS FOR 1. Grazing a. This site provides excellent grazing for cattle and horses. It also provides good forage for deer and pronghorn. The animal forage preference changes as the growing season progresses. Alkali sacaton, big bluestem switchgrass and prairie cordgrass are very palatable through the summer. These plants will benefit by deferment from grazing during late spring and summer. Vegetative palatability will influence proper use considerations. The season of use, weather, kind of grazing animal, past grazing use and the plant composition will directly influence animal preference and performance. b. Guide to Initial Stocking Rates _ (1) Stocking rates given below are based on continuous use for the entire growing season, and are intended only as an initial guide. Forage needs are calculated on the basis of 900 lbs of air-dry forage per animal unit month (AUM) . To maintain proper use and allow for forage that disappears through trampling, small herbivore use, weathering, etc. , 35 percent of the palatable forage produced is considered available for grazing by large herbivores . Condition Percent Climax Class Vegetation AUM Ac Ac AUM excellent 76-100 .76-1. 0 1. 0-1.3 good 51- 75 . 51-.75 1.4-1. 9 fair 26- 50 .26-. 50 2 . 0-3 . 9 poor 0- 25 0-.25 4.0-+ (2) Adjustments to the initial stocking rates should be made as needed to obtain proper use. With specialized grazing systems, large livestock breeds, uncontrolled big game herbivores , inaccessibility, dormant season use, presence of introduced species, etc. , stocking rate adjustments will be required. 9212115 63 SOILS AND VEGETA..ON page 6 #35 c. Vegetation Palatability by Animal Class J ANIMAL PREFERENCE G S S COMMON NAME CSH EDP BBM GRASS AND GRASSLIKE PLANTS ALKALI BLUEGRASS HHH HHH MMM ALKALI CORDGRASS MLM LLL MMM ALKALI SACATON HMH MLM LLM BALTIC RUSH LLL LLL LLL BIG BLUESTEM HHH MMM MMM CANADA WILDRYE MMM MMM MMM FOXTAIL BARLEY MMM MLM HHH INLAND SALTGRASS LLL MLM LLM LITTLE BLUESTEM HMH LML MMM NEBRASKA SEDGE HMH HML MMM PRAIRIE CORDGRASS MLM LLL MMM SLENDER WHEATGRASS HHH HMM MMM SWITCHGRASS HMH MMM HHH WESTERN WHEATGRASS HMH MMM LMM H M H M M M L M M YELLOW INDIANGRASS PORES AMERICAN LICORICE LML HMM MMM RAG SUMPWEED LLL LLL LLL SMALLFLOWER GAURA MHH MHH HHH FALSE BONESET LML LMM LLL SHRUBS AND HALF-SHRUBS FOURWING SALTBUSH HHM HHH HHH RUBBER RABBITBRUSH LLL LLL MMM J Vegetation palatability by animal class is based on the attractiveness of the plant to animals as forage. Grazing preference changes from time to time and place to place depending on the animal class, plant palatability and nutrient value, stage of growth, and season of use. Animal class symbols: Animal preference symbols: C - Cows 8 - Sheep H - Horses H - High E - Elk D - Deer P - Pronghorn M - Medium - Low G _ Upland 8 _ Songbirds S _ Small U - Unknown B Gamebirds B M Mammals 321295 64 SOILS AND VEGETI DN (CONT) page 7 #35 d. Maior Poisonous Plants to Livestock J No poisonous plants to livestock are known at this time on this site. J For additional information regarding poisoning by specific plants, see Colorado Range Technical Note. 2 . Wood Products No known potential production. 3 . Wildlife Values This site has good potential for wildlife habitat especially since it usually occurs in association with other sites that provide good cover for wildlife. This site supports good populations of deer and jackrabbit. Due to run-in water from ajacent sites or the presence of a water table, nesting areas for ducks and geese are frequently available in depression areas. 4 . Hydrological Interpretations Soils in this site are grouped into "B" and "C" hydrologic group, as outlined in the Soils of Colorado Loss Factors and Erodibility Hydrologic Groupings handbook. Field investigations are needed to determine hydrologic cover conditions and hydrologic curve numbers. Refer to Peak Flows in Colorado handbook, and SCS National Engineering Handbook, Section 4 , for hydrologic curve numbers and determining runoff quantities. 5. Recreation and Natural Beauty This site has good aesthetic appeal and natural beauty. This site often occurs in conjunction with sites that have trees and in combination with them presents a pleasant change from the droughty areas frequently adjacent to these sites. 6. Endangered Plants and Animals No endangered plants or animals are currently known to be dependent on this site. 65 921205 SOILS AND VEGETA N (CONT) UNITED STATES DEPARTMENT OF AGRICULTURE Soil Conservation Service, Colorado Technical Guide RANGE SITE NO. 31 Section II E Field Office August 1975 RANGE SITE DESCRIPTION for SANDY BOTTOMLAND Land Resource Area: Central High Plains (67) Central High Tableland (72) A. PHYSICAL CHARACTERISTICS 1 . Physiographic Features Elevation is about 5000 feet. Topography is nearly level to gently sloping. Surface may be smooth or there may be minor undulations. This site often occupies the first bench between the streambed and higher sandy land. It may also be found in a few sandy valleys and drainageways where there is some effect from extra moisture. 2. Climatic Features High intensity summer storms and hot dry periods between storms are common. The effect of the semi-arid climate is offset to some extent by a slightly to moderately effective water table or by occasional flooding , or both. The average annual precipitation is from 13 to 17 inches with 75 to 80% falling from April to September. Optimum growing season of native plants is late spring and summer. 3. Native (potential ) Vegetation The vegetation has a definite tall grass appearance, dominated by switchgrass , Indian grass , prairie sandweed and sand bluestem, with smaller amounts of various midgrasses such as side-oats grama , little bluestem, needle-and-thread , and Canada wildrye are scattered through- out. Tall dropseed , sand dropseed, sedges , inland saltgrass , pere- nnial forbs , and western wheatgrass may make up about 20% of the vegetative composition. The ground cover is uniform with no bare spots. The optimum ground cover is about 40%. Litter is abundant in and between the plants with several inches of the topsoil darkened by organic matter. Cottonwood trees may occur occasionally on this site. _ l 66 9".1295 SOILS AND VEGETA-e N (CONT) RANGE SITE NO. 31 Page 2 SANDY BOTTOMLAND August 1975 Native (potential ) Vegetation and Guide for Determining Range Condition. _ Percentage composition by weight of the principal species may total as much as: Grasses: Switchgrass 25 Sand bluestem 15 Prairie sandreed 12 Indian grass 10 Little bluestem 5 Side-oats grama 5 Needle-and-thread 5 • Canada wildrye 5 Tall sand dropseed 3 Inland saltgrass 3 Western wheatgrass 3 Grass-like: Sedges 3 Forbs : Perennial forbs 3 Plants that ere most likely to increase when the range deterio- rates are: kochia , Russian thistle, tamarix, and other annuals. The native plant community of plants and grasses that will immedi- ately decrease as a result of ecolocical changes that take place or as a result or range deterioration will be: Indian grass, switchgrass , sand bluestem, and prairie sardreed. The mid grasses may increase• for a while but with serious deterioration of the ranee resource, these will be replaced by sand sagebrush, three-awn, and inland saltgrass. These plants with further deterioration, will be replaced with noxious forbs, low-producing perennials and annuals. 4. Total Annual Production Favorable years 2500 Pounas per Acre Air Dry Unfavorable years 1200 " " " " Median years 1800 " 92129 67 SOILS AND VEGETA, N (CONT) RANGE SITE NO. 31 Page 3 SANDY BOTTOMLAND August 1975 5. Soils a. The soils are usually deep but may be shallow and underlain by clean sand or gravel .. They vary In texture from sandy loam to loose sand. The sandy texture with its faster Intake, deeper penetration and more ready release of moisture than heavier soils, is the principal factor affecting plant growth. However, -- extra moisture allows significantly higher production than other sandy sites and offsets to some extent the moderate to low water holding capacity. Consequently, the vegetation is a mixture of tall and midgrasses with the tall grasses typical of slightly more moist locations predominating. In general , the salt concen- tration is not strong enough to seriously affect climax vegetation, but it may cause such species as saltgrass to become abundant when the range is misused. A lower moisture content in the upper foot or two of soil often makes the effect of salts more pronounced than on adjacent wet meadows. The site Is not highly erodible, but is subject to severe wind damage if denuded. b. Soils in this site are: Bankard sandy loam Bankard loamy sand 6. Rare, Threatened or Endangered Plants and Animals Animals that may be endangered are listed under Site 29, as these two sites are in close association with each other. Marsh N.-ah.i Cared - &7/eu-r/ew o-nd Peree r,:,c fe.lcoo . 7. Location of Typical Examples of the Site Big Sandy at Limon , Colorado 8. Field Offices in Colorado where the site occurs : 301 Akron 338 Lamar 305 Brighton 341 Longmont 311 Cheyenne Wells 351 Simla 313 Colorado Springs 352 Springfield 322 Flagler 354 Sterling 323 Fort Collins 355 Byers 325 Fort Morgan 356 Trinidad 329 Greeley 370 Eads 333 Holly 371 Hugo 97,1205 68 SOILS AND VEGETATI( (CONT) RANGE SITE DESCRIPTION - Colorado - 1974 B. Major Uses and Interpretations for the SANDY BOTTOMLAND Range Site Use of Product Value Rating Not High Medium Low Appli- cable 1 . Grazing Cattle X Sheep X Horses X 2. Wood Products 3. Wildlife Antelope X Bison X X Deer Elk X X Cottontail X Jackrabbit X Upland game birds X Waterfowl 4. Watershed X 5. Recreation and Natural Beauty X 69 9c`:12!15 SOILS AND VEGETA )N (CONT) PRELIMINARY JURISDICTIONAL WETLAND DELINEATION OF STERLING READY MIX PROPERTY WELD COUNTY, COLORADO INTRODUCTION A preliminary jurisdictional wetland delineation of the Sterling Ready Mix property was conducted on June 3, 1992 by Steve Dougherty and Kate Willer of ERO Resources Corporation of Denver, Colorado. The jurisdictional wetland delineation was performed using the 1987 U.S. Army Corps of Engineers (COE) delineation manual. SITE LOCATION AND DESCRIPTION The Sterling Ready Mix property is located in extreme eastern Weld County, approximately 2.5 miles southwest of the town of Orchard, south of the South Platte River, and north of Colorado Highway 34 in Sec. 23, T4N, R61W (Figure 1). The portion of the site delineated covers approximately 142 acres that occur within the historic floodplain of the South Platte River. Two major vegetation types occur within the property. A cottonwood riparian woodland occupies approximately 21 acres of the property and occurs primarily along the banks of the South Platte River. The remaining .142 acres comprise the delineation area and are best described as a bottomland mesic to wet grassland and is composed of a series of abandoned overflow channels or scrolls that are characterized by soil saturated to or near the surface or standing water and are typically dominated by three-square, sedges, and rushes. Interspersed among these channels are areas of higher elevation with coarser- textured soils that exhibit better drainage characteristics than the surrounding channels. The higher elevations are typically dominated by salt grass, switchgrass, sand dropseed, and kochia. Areas between the most elevated sites and the wetland depressions exhibit soil and vegetation characteristics intermediate between the elevated areas and the depressions. The site is currently used for winter cattle pasture. \sterling\determ.612 921205 70 SOILS AND VEGETA. .N (CONT) PRELIMINARY JURISDIcrIONAL WETLAND DELINEATION STEM 1NG READY MIX PROPERTY The majority of the site has a high water table that has been historically collected through a series of ditches and used as a source of augmentation water to meet downstream demands. At the time of this survey, all the soils were moist immediately below the surface due to recent rains and most of the depressions were saturated or had standing water. Due to the recent rains and spring conditions it was assumed that groundwater levels were at or near their highest levels for the growing season. The majority of the area delineated has been mapped by the Soil Conservation Service (SCS) as Aquolls and Aquents, gravelly substratum, and is considered a hydric soil in southern Weld County. The southwest corner of the site, previously delineated as upland, was mapped by the SCS as Bankard sandy loam. The southeast corner and northern portions of the site were mapped by the National Wetland Inventory as upland (Figure 2). Based on our delineation, the NWI mapping is very inaccurate in the southern portion of the site (i.e. what NWI considered upland was among the most hydric areas of the site). METHODS The COE 1987 jurisdictional wetland delineation manual was used to determine thresholds for meeting criteria indicative of jurisdictional wetlands. A total of 20 sample sites were used to help determine the extent of jurisdictional wetlands (completed data forms attached). The site was previously divided into the following 4 different types during the upland delineation performed on March 30, 1992 (Figure 2). These 4 types were based on the likelihood of meeting the 1982 wetland delineation manual criteria for jurisdictional wetlands. 1. Sites clearly dominated by obligate wetland vegetation and soils saturated to or near the surface of with water standing were delineated as wetlands (wetlands). \sterting\determ.612 2 97;1205 SOILS AND VEGETA )N (CONT) PRELIMINARY JURISDICTIONAL WETLAND DELINEATION STERLING READY MIX PROPERTY 2. Areas with plant communities composed of a mix of wetland plants (i.e., OBL, FACW, FAC) and typically elevated above obvious wetland areas were delineated as potential wetland areas. These areas were typically borderline in meeting wetland soils and hydrology criteria (potential wetlands). 3. Areas that had scattered stands of obligate wetland species (e.g., sandbar willow) but typically did not meet soils or hydrology criteria (potential uplands). _ 4. Sites that were clearly elevated above wetland or potential wetland sites and did not meet the soils, hydrology, and vegetation criteria (uplands). These 4 types closely correspond to the following plant communities: 1. Wetlands - Typha latifola Scirpus validus Scirpus americanus/Eleocharis spp. Carex nebraskensis/Juncus balticus Juncus balticus/Carex praegracilis 2. Potential Wetlands - Distichlis spicata/Panicum vitgalum Distichlis spicata/Juncus balticus Distichlis spicata 3. Potential uplands - Salix exigua/Bromus japonicus 4. Uplands - Sporobolus ctyptandrus/Distichlis spicata Sporobolus cryptandnts/Agropyron intennedial Kochia scoparia Each unit was reviewed in the field. All areas dominated by the plant communities in the first type were considered jurisdictional wetlands and not sampled if there was standing water or the soil was saturated to the surface. In the remaining areas a community sample approach was taken. Plant communities were sampled until the investigators were confident that a particular plant community was or was not a jurisdictional wetland on this site. \sterling\determ.612 3 9212^5 72 SOILS AND VEGETAL N (CONT) PRELIMINARY JURISDICTIONAL Vvr,TLAND DELINEATION STERLING READY MIX PROPERTY RESULTS Approximately 56 acres of jurisdictional wetlands were delineated for the site (Figure 3). The majority of the potential wetland areas were determined not to meet the criteria for jurisdictional wetlands. The majority of the areas previously determined to be wetlands were determined to be jurisdictional wetlands. The results of the delineation are summarized in Table 2. Table 1 is a list of species abbreviations used in the summary. COMMENTS Much of the area previously mapped as potential wetland and subsequently as upland was dominated by saltgrass. This species (Distichlis spicata) is listed as both FACW (seashore saltgrass) and NI (inland saltgrass) by FWS for Region 5. In bordering Region 8, saltgrass is assigned a facultative indicator, and it is noted that this assignment was based on limited ecological information. Saltgrass is a notoriously poor indicator of jurisdictional wetlands. Most areas dominated by saltgrass on the Sterling Ready Mix site did not meet the hydrology criteria for jurisdictional wetlands. \sterling\determ.612 4 73 971.2'?5 SOILS AND VEGETA' N (CONT) Table 1. The following species abbreviations are used in this report: Asclepias speciosa ASSP Bromus japortictts BRJA Carex praegracilis CAPR Cirsiunt arvense CIAR Crepis runcinata CRRU Disrichlis spicata DISP Equisetum Ityentale EQI-1Y Glycyrrhiza lepidota GLLE Juncos balticus JUBA Kochia scoparia KOSC Panicum virgattun PAST Plantago major PLMA Poa pratertsis POPR Salix exigua SAEX Scirpus antericanus SCAM Spartina pecticnata SPPE Sporobolus cryptandnts SPCR Toxicoderidron rydbergii TORY 74 9212'75 SOILS AN L:. VEGETA )N (CONT) . � o s %» & 2«®m \O t M M M M M M 7 7 7 \k \ « . 2 , » Z 2 0. a. \tu�, 7a. \ .\ \\o :',. :.(A.:y e _ & .- ,- \ \ I. j . 2y \ �zoo S«�< , . ..� \o- : q o f m R I /W.) m m A \ \ • \2 \ ,�� o. >©m _ - \q \ m . . . 'in o\ » . \&§ B /: • ` J 3 _ 2 au 3B § 3 ) BUj6u 3 ,j . j _. -« U. a } ) U. U. U.U � U`4 U. U. 8 U. { \§2\ u. . 0 2 a »?% . k :ZZ © & a3 q> awn � c -2 > WLi a° o & § \\\ . 3 -. 0 .1< •- � � CC -0 < - \ ua G & od ( •0m ow 0 \pi - \ — — — \ \f / '' —3 —3 —3 —3 . k & 6 " co § I — 2 o. II mr rsp • 7 5 94;12P5 • SOILS AND VEGETA' N (CONT) cd 0 io $z:f`i' i',u ,� ':W'Wy J 3 3 ]t 7 7 7 3 7 O 00 ' O u r-1 — O y .8 ,::: : co 'y•W:..'• a a d 0. 4 4 0. 4 4 .:.W Z. • :zoe-- - 4.J O . .. _ • cl u u = W`•I.- v w N •Q ea w r •-- v v t- • L an O•-• N . I--. 0 t �._ 0 .- K.- N p .- •- .v-• N r .N- �+ 4:J v fti is O 4 : T N ,.. O -d :c x J b x ,- s r z r s- s- X J- >- -. .. Cl O '^ o •_ . �'•C U J a ...,J 3 J U -1U U U U U 7 g J J U 7 J J U J U •-• 44 W <SO <DJ 4 4tn < d44 d4 < a4 Om 44a 40 Ou. O •� W p •:.; t..- < O LL. u. u- Ow �.. w W W 0.� 0.ti OO u•�W u- O OttiO vi a: ` J •b • — C". Cl s:.:z N `8.x`t-. _ _ _ :::<1-:r;. 44 < tY 4 .C 44 4d O0. 4 40.< W W 4 < a W W x d Y .•�i :Z.Z:'.:. N N O] 41134 N OO �J H tD} OC N 7C in N X J 0. to 4 < . O. J U to C 4 :<'::" IA ..• 7 47U •- 7 < Jd a•• J N J J4 7U 40. .JU O4U O J:j..' <O -J 'SW O � 4 to -74 000. < OA (Jo) -1 4.,• tic. vi out -74N Cl "ooa,' N x O • :J•to .- N N NM :0.•H . . 1 1 ...::::....x,...,..:,,,,,:, tD o tL u- lit V Y S •-• V) cJ O .0 RS -- �' 921295 • 76 '4.:54 1 4 °• 13 ----v._. _..a ' ;I I SOILS 11NQ VEGETA N II. %_' 3 A e- O r� \ 412 /i L�, t 6428 7—\l 4424 --� a-' ,aging Sta Site Location 4430 . - I s' LI ` :_i 44-9 ,1��_ ..x. 4429 O q L I ;_ I ,4459 4 4 74 otI44PJ .... 'u fn° 3 , I:SJ 4 453 i u _ . ',30J 1 C ( 1 25 O N\ %� L II 1, 35 C rlf p J h' ,j!, 1.35 l, I, ( //31 I iI II FIGURE 1. LOCATION Sterling Ready Mix .r 921205 North kpril 1992 77 Scale: 1" = 2000.0 ft. SOUTH PLATTE R1vgR j� • a a • • • a • • • • • j Ill • • •ewe ■, Tai li • • • --• • WI a yam_ U IJot U _ saw '—-- Y•�,� U _ ��/� — __ / t U III PL.N ass caeac 8644,0” U / 0,101 pc9 9RPr° AZ TOTAL AREA 182.63 GO' Yy ROPO VER D SE AREA A144.16 a 20 UPLANDS ES 49 1 PONDS 0.45 0I PINED AREA 101.11 'ISLANDS 2940 UPLANDS T.37POND 0.06 UNDISTURBED 49.05 MUMS 91.64 UPLANDS 11.06 PONDS 096 LEGEND STERLING READY-MIX CONCRETE COMPANY PROPERTY LINE U Upload WETLANDS MAP 9'-'.1 2' '�,E . - 300 0 300 600 900 THE NE 1/4 AND PART Of THE SE I/4. SECTION SECTIONON 2J3, i. 4 N.. ia=l=linli N. 61 W, 6TH P.M., WELD COUNTY COLORADO SCALE IN FEET SOILS AND VEGETA" 1N (CONT) iiiiitq'yr o DEPARTMENT OF THE ARMY r�iy�`�%11///�₹�� CORPS OF ENGINEERS,OMAHA DISTRICT ,W Itl r m) TRI-LAKES PROJECT OFFICE.9307 STATE HWY 121 �I�! ;" LITTLETON,COLORADO 60123-6901 4 i �tgr[__- REPLY TO July 15, 1992 ATTENTION OF Mr. Rick L. Sandquist Wildland Management Services P.O. Box 23 Orchard, Colorado 80649 Dear Mr. Sandquist: Reference is made to your July 13, 1992 site meeting with Mr. Terry McKee of this office which concerns a wetland delineation and map for Sterling Ready Mix by ERO. This proposed gravel mining project is located in Section 23, Township 4 North, Range 61 West, Weld County, Colorado. This letter is to inform you that the wetland delineation is considered accurate and acceptable by this office. The wetlands are considered to be waters of the United States pursuant to Section 404 of the Clean Water Act. If a proposed activity requires the placement of temporary or permanent dredged or fill material into these waters, this office should be contacted for proper Department of the Army permits. This wetlands jurisdictional delineation is valid for a period of three years from the date of this letter unless new information warrants revision of the delineation before the expiration date. If you have any questions concerning this matter, please feel free to contact Mr. Terry McKee of my staff at (303) 979-4120 and reference project number 199280315. Sincerely, TIMOTI- Y T. ' AR Y Project Manage 79 971 SUBLETT!LAND A. CATTLI CO. THOMAS H. CONN:LAT < CURN!!MUNN III SOUTH PLATTE 11,Vci /z6 • NI • • • • `-- x 4423.2 I • . A 44250 C 4 • 6 • pz. 6 ® 4428.2 as � 4425.6 A 4427.1 94 % 4928 4426' 442).4 N r 4 V 14295 4429.3 _ .4426.0-. 4426.0 x 01 4.. 1 44314 lies la M 9les x 4426.7 •426 N . 4427.3 re 1431.1 x m rx lld 4i26J c;1 — 9 '• 4430 ` ' 4429 • • Cj >� . 23 _ • \ x4429.8 x 4426 4429 9E..ERCD AM • A Tut -ASS CAP '9,V a L 0.,,, b JOHN If. !/L�U ANN JONES 1 \ 4430— c / R,q^,ch 8 8 O PNC\ I THOMAS IL CONN A. GURNEE MUNNdLAY M rk eR/ , -T•O R 2 �� lR a <lO L *Omit 5 2 — gUB68fl'8 .16 MAP EXHIBIT C ' Q PoQV 2 STERLING READY - MIX CONCRETE CO., INC. LEGEND R H R D I - AFFECTED LANDS AFFECTED LANDS - ➢ITCH • TREES 300 150 0 300 600 900 vZ RIVER -.-.-- FENCE SCALE M FEET PART NW�IO NE/4 EAND NE/4 SE/4, SCECTION 4 NE/4, SW/4 3/ T N4 /N., TRAIL R. 61 W., 6TH P.M., WELD COUNT '4.�p)p//'7�5 __ --- POND SEPTEMBER, 1993 SCALE I'=}00' ROADS PREPARED BY ENVIRONMENT, INC. 7985 VANCE DR. #205A, ARVADA. CO 80003 Hello