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Home My WebLink About972628.tiffRESOLUTION RE: APPROVE VACATION OF PORTIONS OF SPECIAL REVIEW PERMITS #489 AND #636 OVERLAPPED BY USR #999 - WELD COUNTY 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, by Resolution dated April 14, 1982, the Board of County Commissioners did approve Special Review Permit #489 for a Gravel Mining Operation on the following described real estate, to -wit: Part of the NW%, Section 2, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado WHEREAS, by Resolution dated September 12, 1984, the Board did approve Special Review Permit #636 for an Open -cut Wet Sand and Gravel Pit on the following described real estate, to -wit: Part of Section 2, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado WHEREAS, by Resolution dated March 16, 1993, the Weld County Planning Commission did approve Special Review Permit #999 for a Major Facility of a Public Utility (open -cut gravel mine) located in the A (Agricultural) Zone District on the following described real estate, to -wit: Part of the NW% of Section 2, Township 2 North, Range 68 West and part of the SW% of Section 35, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado WHEREAS, the Department of Planning Services and the Department of Public Works has requested and has recommended the vacation of those portions of Special Review Permits #489 and #636 overlapped by Special Review Permit #999, as shown on the map marked as Exhibit A, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of the Department of Planning Services staff and all of the exhibits and evidence presented in this matter and, having been fully informed, deems it advisable to approve said vacation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that portions of Special Review Permits #489 and #636 shown on the map marked Exhibit A be, and hereby are, vacated. 1 111111 11111 111111 III 1111111 11111 111111 III 11111 IIII IIII 2588076 01/07/1998 02:07P Weld County CO 1 of 3 R 0.00 D 0.00 JA Sukl Tsukamoto GC : Pc; Put, S'eyrist 972628 PL1023 USR #489 AND 636 - WELD COUNTY PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of December, A.D., 1997. BOARD OF COUNTY COMMISSIONERS ATTEST: Weld Cou BY Deputy APPROVEASST TO -•RM: ounty Atto ey WELD cOUNTY,COLORADO eorga'E. Baxter, Chair EXCUSED DATE OF SIGNING stance L. Harberj, Pro Tem W. H. Webs 1111111VIII111111III1111111VIIIIIIIIIIII I II 1111101 2588076 01/07/1998 02:07P Wald County CO 2 of 3 R 0.00 D 0.00 JR Sukl Teukamoto (AYE) 972628 PL1023 1 11111111111 111111 III 1111111 11111 111111 III 11111 1111 1111 2588076 01/07/1998 02:07P Weld County CO 3 of 3 R 0.00 D 0.00 JR Sukl Tsukamoto f1/, SUP -39 r C z COLORADO MEMORANDUM TO: Board of County Commissioners December 12, 1997 From: Todd A. Hodges, Current Planner II AIM' SUBJECT: Vacation of overlapped portions of USR-489 & USR-636 by USR-999. It was brought to staffs attention through a proposed annexation of the Varra property (USR-636) that the overlapped portions of USR-489 and USR-636 by USR-999 have not been vacated. A resolution by the Weld County Commissioners to approve agreement for sale and purchase of real estate dated August 28, 1991 included a condition of approval #13 that pertains to the overlap of the USR boundaries. A copy of the condition is attached to this memo. It is the opinion of Planning, Public Works, and Legal staff that the permit overlapping does not require an amendment to either USR-489 or USR-636. Staff requests that the overlapped portions of USR-489 and USR-636 by USR-999 as referenced on the attached map be vacated. Attached is a copy of Don Carroll's memo, condition #13, and a map detailing the three separate USR permits. 972628 pat COLORADO MEMORANDUM TO: Todd Hodges, Current Planner II DATE: October 13, 1997 FROM: Don Carroll, Project Administrator tr� SUBJECT: USR-489 / USR-636 (SiegristNarra) This is a request from the Weld County Public Works Department to clean up the USR overlap on the Hokestra - West Gravel Pit owned by Weld County. This property was sold to Weld County in 1991 from Siegrist Construction Company. As a part of the Sale Agreement, the USRs were to be vacated from the property no later than November 1, 1991. The paragraph was incorporated into the deed through the Resolution of Sale and Purchase of Real Estate through the County. Recently, the Varra Companies have purchased the Siegrist property directly south of the Hokestra Grave Pit. In the mining and geology process of amending the permit, these USRs surfaced. In working with Todd Hodges, Weld County Planning Department, Weld County has no intention to utilize the old USR numbers. The County reapplied in 1993 and acquired a new USR-999 and amended the Hokestra West gravel operation through the State of Colorado. We are asking the Board of Weld County Commissioners to vacate portions of the existing USR-489 and USR-636 that overlap the County's existing USR-999. The remaining USR-636 directly south of WCR 24.5, which has been purchased by the Varra Companies, still comes with a Road Maintenance and Improvements Agreement in effect. The Agreement identifies WCR 24.5 from the gravel pit ingress/egress point west to the 1-25 Frontage Road as being the designed haul route from the gravel pit. No trucks are permitted east on WCR 24. In the Road Improvements and Maintenance Agreement, the applicant agrees to construct six inches of Class 6 aggregate base and three inches of hot bituminous pavement 24 feet wide with four -foot gravel shoulders. This Agreement is still in effect. The Varra Companies are utilizing and operating out to this facility. The pit is being used as the main source for the 1-25 / Colorado State Highway 119 Interchange Project. cc: Commissioner Harbert USR-489, USR-636, USR-999 m:\wpfiles\don-c\u s r-999 Weld County Planning Dept. OCT 1 1997 2:".416 08/30/91 08:59 .00 3/011 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO fect and Seller shall have the right to an action for specific performance or damages, or both. (c) Anything to the contrary herein notwithstanding, in the event of any litigation arising out of this contract, the court may award to the prevailing party all reasonable costs and expenses, including attorney's fees. 8. Possession of said Parcel(s) shall be delivered to Purchaser upon closing and shall not be subject to any leases or tenancies, except those items listed in the attached "Exhibit B". 9. Seller represents and warrants as of the day hereof and as of the date of the closing that neither the execution of this contract nor the consummation of the transaction provided for herein constitutes, or will result in, any breach of any of the terms, conditions, or provisions, or constitute a default under any indenture, charter, bylaw, mortgage, loan agreement, lien, lease, license, judgment, decree, order, instrument or other verbal or written agreement to which Seller is a party of or is subject to, or to which the property is subject to, except as provided herein. 10. In the event the property is substantially damaged by fire, flood, or other casualty between the date of this contract and the date of delivery of the Deed, Purchaser may elect to terminate this contract; in which case, all payments and things of value received hereunder shall be returned to Purchaser. 11. All of the conditions stated herein shall be in full force and effect, notwithstanding the conveyance of said Parcel(s) by warranty deed as outlined in paragraph 2 above, and shall not merge with said Warranty Deed. 12. Sellers shall transfer one share of Rural Ditch Company water which shall be included in the consideration mentioned on page 1 of this Agreement. ,-- 13. Seller agrees to apply for and cooperate in pursuing amendments to Use by Special Review Permits Nos. 636 and 489 at the same time that Purchaser applies for the Use by Special Review Permit for the parcel described in the attached Exhibit A, but in any event, no later than November 1, 1991. Said amendments shall exclude the area purchased by Purchaser and described in said Exhibit A. Purchaser will assist Seller in preparing said application(s). 14. Seller shall retain the right to lease the property described in Exhibit A for farming and grazing until Purchaser begins mining or sells said property. The Lease for said grazing shall be executed simultaneously with this Agreement. As consideration for said lease, Seller shall maintain all weeds in Page 3 of 5 Pages .91.1.054 ;li RESOLUTION RE: APPROVE AGREEMENT FOR SALE AND PURCHASE OF REAL ESTATE AND AUTHORIZE CHAIRMAN TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested 0 ou with the authority of administering the affairs of Weld County, Colorado, and i 0 WHEREAS, the Board has been presented with an Agreement for Sale and U Purchase of Real Estate Including Land and Any and All Improvements from Siegrist Construction Company and St. Vrain Land Company, with the further terms and o W conditions being as stated in said Agreement, and o a WHEREAS, after review, the Board deems it advisable to approve said "}q Agreement, a copy of which is attached hereto and incorporated herein by a reference. O u n a NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement for Sale and Purchase of Real Estate from Siegrist Construction Company and St. Vrain Land Company be, and hereby is, aapproved. w rn v BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, ,rz authorized to sign any documents related to the purchase of said Real Estate. 0 v' W om rn tiut u, rHo mw The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of August, A.D., 1991. CounX tfl`rk to the Board /I') J .till l - f_✓ice /. COPc, Y tie Board �.''.... 'SS TO ram: ,' -p-N000y BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Gordodti'. acy, $ irman orge Kenn-dy, Pro-Tem EXCUSED Constance L. Harbert C. W. Kirby W. H. Webste 911054 Varra Companies, Inc. 2130 S. 96th Street • Broomfield, Colorado 80020 • Telephone (303) 666-6657 Todd Hodges, Planner Weld County Planning Department 1400 North 17th Avenue Greeley, Colorado 80631 Subject: Map of our Pit 112 showing current boundaries as presently permitted with the Colorado Division of Minerals & Geology. Dear Todd: Enclosed is the map you requested during our telephone conference on the 18th. Thank -you for handling the USR correction for us as we discussed. If I can be of further assistance, or should you need additional information or clarification, please contact me. Sincerely, S Bradford ddnes Professional Forester cc. Christopher L. Varra Varra Companies, Inc. enclosure BLJ/blj Weld COunttPlanni JUL 2 8 1997 Jept. Robert L. Siegrist 875 West 64th Avenue — Denver, Colorado 80221. Phone 427-8472 — Fax 427-8542 December 12, 1997 State of Colorado Division of Minerals and Geology Attn: Carl Mount 1313 Sherman St., Room 215 Denver, CO 80203 Dear Carl Please make reference to our existing mining pits, M-84-079 and M -82-0I5. These two mining permits are located'atI-25 and SH 119, preceding north past the St Vrain River and then extending downstream approximately a mile and a quarter. Over the past few years, Siegrist has sold various parcels of peinnited gravel ground to third parties, and in one instance with Weld County,, the parcelsold was permitted by M-82-015,to the north, and M-84-079 to the south. The terns of the sale to Weld County required them to secure the necessary amendments to include only the County purchase, in one permit, and also correcting the remaining two permits to reflect the sale to the County. This apparently was not completed by the County Recently, an additional sale of a portion of the permitted property wassold to Varra Companies. This transaction took place.in,March of 1997, and basically encompassed the remainder of the permitted property under M-84-079 We have been advised by Don Carroll of Weld County, that they must revise their special review permits issued by Weld County, Number 636 and 489. During such review it was discovered that the necessary corrections to the permits were not made with your department. These correction therefore, must be made for both parcels, which have been sold to third parties. By copy of this transmittal,.I am advising Weld County and Don Carroll of our communications and their need to contact the. DMG specialists: It is my understanding that once you receive this memo, you will have Greg Squires follow through with our office as welI as Weld County: We also wish to advise that we are continuing mining activity on the M-82-015 permit, and the major amount of such excavation has been completed. We have started the process of allowing the natural waters to fill two of the three lakes, and we request that your representatives schedule an on -site review for approval Our representative will either be the undersigned or Rick Chek, who may be contacted through our Denver office number. Possibly in order to better understand all of the issues, there should be a joint meeting between your department as well as Weld County and ourselves. We would appreciate hearing from you. Sincerely, cc: Weld County, Don Carroll (970)356-4000 ext. 3750 enclosure- copies of prior correspondence with Weld County 12/23/97 11:16 FAX 1001 COVER FAX SHEET To: KIM SCHUETT Fax #: 352 0242 Subject: USR-999 Date: December 23, 1997 Pages: 8, including this cover sheet. COMMENTS: THIS IS THE ONLY COPY OF THE RESOLUTION IN THE FILE. I DON'T HAVE A CLEAN COPY. From the desk of... Sharon White Planning Technician Department of Planning Services 1400 N. 17th Avenue Greeley, CO 606331 970.353.6100 Ext 3540 Fax: 970-352-6312 12/23/97 11:16 FAX [i 002 RESOLUTION OF THE WELD COUNTY PLANNING COMMISSION Moved by Don Feldhaus that the following resolution, with the amendment to Condition of Approval Number 9, and addition of Development Standard Number 12, be introduced for passage by the Weld County Planning commission_ Be it therefore resolved by the Weld County Planning Commission that the following be adopted. CASE NUMBER: USR-999 NAME: Weld County Board of County Commissioners ADDRESS: 915 10th Street, Greeley, Colorado 80631 REQUEST: A Site Specific Development Plan and a Special Review permit for a Major Facility of a Public Utility (open -cut gravel mine) located in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the NW4 of Section 2, T2N, R68W and part of the SW4 of Section 35, T3N, R68W of the 6th P_M_, Weld County, Colorado. LOCATION: North of and adjacent to Weld County Road 24-1/2 and east of and adjacent to 1-25 Frontage Road. The Planning Commission approves this request for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 25.7 of the Weld County Zoning Ordinance_ 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 25.8 of the Weld County Zoning Ordinance as follows: - Reasonable efforts have been made to avoid irrigated cropland. The subject site is in grass_ This use is an expansion of existing permitted gravel mines in the area. The open -cut gravel pit will not have an undue adverse effect on existing and future development of the surrounding area as set forth in the Weld County Comprehensive Plan. - The design of the proposed facility and attached development standards mitigate negative impacts on the surrounding area to the greatest extent feasible_ The site will be maintained in such a manner as to control soil erosion, dust, and the growth of noxious weeds. The applicant has agreed to implement any reasonable measures deemed necessary by the Wald County Planning Commission to protect the health, safety, and welfare of the inhabitants of Weld County and to mitigate any potential adverse impacts from the proposed facility_ 12/23/97 11:16 FAX f]003 RESOLUTION, USR-999 Weld County Board of County Commissioners Page 2 The proposed open-..ut gravel pit operation will have an adequate water supply. All reasonable alternatives to the proposal have been adequately assessed and the proposed action is consistent with the best interests of the people of veld County and represents a balanced use of resources in the affected area. The nature and location of the facility will meet Colorado Department of Health and Weld County air quality standards. Special review permit development standards address these concerns. Adequate utilities can be developed to service the site. The nature or location of the facility will not unreasonably interfere with any significant wildlife habitat, unique natural resources, historic landmark or archaeological site within the affected area. 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 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. The following note shall be placed on the Special Review plat: NOTE: ✓ The Mined Land Reclamation Board has the authority to issue permits ,,,.for mining and reclamation activities. Activities related to aD'_ mining and reclamation are, therefore, under the jurisdiction of the Mined Land Reclamation Board_ However, Weld County has jurisdiction of those matters outlined in the development standards. 12/23/97 11:16 FAX Z004 RECOMMENDATION, USR-999 Weld County Board of County Commissioners Page 3 1%4. Prior to recording an accurate legal description shall be shown on the (! plat. 5_ Prior to dewatering the site or exposing groundwater, evidence shall be submitted to the Department of Planning Services that specifically states that the State Division of Water Resources has approved a well permit or other legal water supply for the mining operation_ 6. Prior to pumping water into the Last Chance Ditch, evidence shall be provided to Central Colorado Water Conservancy District that this water will not result in expanded uses by the water users serviced by the Lest Chance Ditch. Prior to the start of excavation, evidence shall be submitted to the Department of Planning Services that the mining operation will be conducted in compliance with the requirements of the Wyco Pipe Line Company in regards to their pipe line. 8. Prior to the start of excavation, on -site evidence shall be submitted to the Department of Planning Services that the proposed uses comply with 300th' the State Highway Department requirements as addressed in the February U 19, 1993 letter from Teresa C. Jones. Within one year prior to ground work on site, a survey shall be conducted by the Division of Wildlife to determine the presence of \, 0C� burrowing owls. Should owls be identified on site initial ground work �-� shall be confined to no more than one phase at a time and shall be preformed between August 15 and March 15, to avoid destruction of burrowing owls during their nesting season. Should ground breaking be necessary during the nesting season, a site survey shall be arranged with the Division of Wildlife to determine the presence of burrowing owls_ If owls are found on -site within the area of the phase where ground breaking is to occur, ground breaking should be delayed until the young owls fledge (attain flight). 10. Prior to the removal of any trees on -site, a survey shall be conducted by the Division of Wildlife to determine the presence of young birds of prey, to avoid their unintentional destruction. 11. Prior to the removal or destruction or the prairie dog colony, a site survey shall be requested by the U.S. Fish and Wildlife Service to determine the presence of black footed ferrets. Prior to recording, the plat shall be amended to show the mature trees existing on site that shall not be removed. 12/23/97 11:16 FAX moos RECOMMENDATION, USR-999 Weld County Board of County Commissioners Page 4 Motion seconded by Richard Kimmel. Vote; For Passage Against Passage Richard Kimmel Bill O'Hare Judy Yamaguchi Juliette Kroekel Don Feldhaus Shirley Camenisch The Chairperson declared the resolution passed and ordered that a certified copy be placed in the file of this case to serve as a permanent record of these proceedings. CERTIFICATION OF COPY I, Sharyn F. Ruff, Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado. adopted on March 16, 1993. Dated the(16th of March, 1993. Sharyn F. Ruff Secretary 12/23/97 11:16 FAX I]006 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Weld County Board of County Commissioners USR-999 1. The Site Specific Development Plan and Special Review permit is for an open -cut gravel mining operation (Major Facility of a Public Utility) 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 open -cut gravel operation shall comply with Sections 44,4, 44.5, and 44.6 of the Weld County Zoning Ordinance. 4. All materials shall be handled, stored, and disposed of in a manner that controls fugitive duct, blowing debris, and other potential nuisance conditions. 5. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. d_ The open -cut gravel mine shall be operated in compliance with the Air Pollution Control Division, Colorado Department of Health, and maintain any required emission permits. 7 Fugitive dust shall be controlled on site. 8. No permanent disposal of wastes shall be permitted. 9_ The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A), as measured according to Section 25-12-102, C_R_S_ 10. Any required NPDES Permit shall be maintained in compliance with the Water Quality Control Division of the Colorado Department of Health. 11. Adequate toilet facilities shall be provided for employees_ 12. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel in a manner that prevents nuisance conditions. 13. Adequate and safe drinking water shall be provided on -site for employees. 14. The property shall be maintained in compliance with Panhandle Eastern Pipe Line Company's 50 foot wide right-of-way. 12/23/97 11:16 FAX Ih007 DEVELOPMENT STANDARDS, USR-999 Weld County Board of County Commissioners Page 2 15. A stormwater discharge permit from the Colorado Department of Health, Water Quality Control Division, shall be obtained, if required, for construction activities that disturb more than 5 acres. 16. The property shall be maintained in compliance with the requirements of the Mountain View Fire Protection District. 17. The property shall be maintained in compliance with Section 404 of the Clean Water Act. 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. 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. 22. 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 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. 23. 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 Weld County. 12/23/97 11:16 FAX lJ008 ADDITIONAL COMMENTS Weld County Board of County Commissioners USR-999 The City of Longmont has indicated that the Reclamation Plan should include the recreational potential of this property with the St. Vrain River. Weld County does not have jurisdiction over reclamation. However, Weld County would encourage the development for recreational purposes as promoted by the City of Longmont and Weld County Comprehensive Flans. (6 °I q Loan ✓YlPJUfit ihvaild Icy Y/2, 0orwrxu, Thli-Lio ca f11 _ t iitjaki ,aoc, ,ilack;4 . P1, GAm orr) AMENDED APPLICATION FOR SPECIAL USE PERMIT FOR GRAVEL MINING AND RECLAMATION WELD COUNTY, COLORADO JANUARY, 1993 APPLICANT: WELD COUNTY, COLORADO 915 TENTH STREET GREELEY, COLORADO 80631 (303) 356-4000 PREPARED BY: NELSON ENGINEERS 822 SEVENTH STREET, SUITE 520 GREELEY, COLORADO 80631 (303) 356-6362 PROJECT NO. 213 aMci NELSON ENGINEERS 822 7TH STREET GREELEY, COLORADO 80631 (303) 356-6362 November 15, 1992 Weld County Department of Planning Weld County Services Building Greeley, Colorado 80631 Re: Weld County, Colorado Use By Special Review Permit Application Dear Madam or Sir: The accompanying application is a request for a Use By Special Review (USR) permit for the extraction of gravel in the Northwest Quarter of Section 2, Township 2 North, and the Southwest Quarter of Section 35, Township 3 North, Range 68 West of the Sixth Principal Meridian, Weld County, Colorado. The site is located approximately one-half mile north of the Del Camino development and as the vicinity map indicates, it abuts the south side of St. Vrain Creek. Properties along St. Vrain Creek have a high commercial value for sand and gravel as seen by the number of gravel mines in the immediate area. As the Weld County Comprehensive Plan states, the present economy along the front range corridor is causing an increasing demand for sand and gravel extraction in Weld County. To be con- sistent with the Comprehensive Plan, extraction must follow a rehabilitation plan, which is presented in the application. The location is consistent with surrounding mines and is compatible with the Comprehensive Plan guidelines on mineable lands. The area was investigated for its potential use as farmland. Due to the relatively thin layer of overburden, much of the water used in irrigation permeates to the gravel situated below and recharges the alluvial aquifer. Table 5 of the USSCS "Soil Survey, Weld County, Southern Part" reveals yields of crops to be poor to marginal. The applicant proposes safeguards to prevent access to the site during nonworking hours with secure fencing and locked gates. As previously stated, the proposed use is compatible with the surrounding land uses which consist of sand and gravel mining to the east and north. The areas south and further east are farmed and have some oil and gas production. As the demand for more gravel for construction purposes increases, more of the land along St. Vrain Creek will become gravel mines. The site does lie in a flood plain; however, it does not lie in a geologic hazard zone, or the Weld County airport overlay district area. We trust that this application has addressed the Use By Special Review requirements and concerns of Weld County. If you have any questions, please contact our office. Respectfully, NELSON ENGINEERS LaVern C. Nelson, P.E. LCN:kb Enclosures Weld.ltr -6 - MAPS AND EXHIBITS Five (5) complete application packages must be submitted. One complete application package: consists of a signed application form and the set of maps and exhibits referenced below as Exhibits A —S. Each exhibit must be presented as a separate section. Begin each exhibit on a new page. Pages should be numbered consecutively for ease of reference. If separate bound documents are used as appendices, please reference these by name in the exhibit. With each of the five (5) signed application forms, you must submit a corresponding set of the maps and exhibits as described in the following references to Rule 2: EXHIBIT A - EXHIBIT B - EXHIBIT C - EXHIBIT D - EXHIBIT E - EXHIBIT F - EXHIBIT G - EXHIBIT H - EXHIBIT I - EXHIBIT J - EXHIBIT K EXHIBIT L EXHIBIT M EXHIBIT N EXHIBIT 0 EXHIBIT P EXHIBIT Q EXHIBIT R EXHIBIT S Legal Description Index Map Pre -Mining and Mining Plan Map(s) of Affected Lands Mining Plan Reclamation Plan Reclamation Plan Map Water Information Wildlife Information Soils Information Vegetation Information - Climate Information - Reclamation Costs - (DELETED) - Other Permits and Licenses - Source of Legal Right -To -Enter [See C.R.S. 34-32-112(2)(d)] - Owners of Record of Affected Land (Surface Area) arid Owners of Substance to be Mined (See C.R.S. 34-32-112(2)(b) & (c)l - Municipalities Within Two Miles - Proof of Mailing of Notices to County Commissioners and Soil Conservation District - Proof of. Filing with County Clerk and Recorder The instructions for preparing Exhibits A -S ire specified under Rule 2.1.2(1) through (18) of the Mineral Rules and Regulations. If you have any questions on preparing the Exhbits or red, or preiapplicationtmeeting, please ent of the rcontact mation rthe iDivision watl(303)d e866-3567. to schedule a (04/92) 2823F REGULAR OPERATION (112) RECLAMATION PERMIT APPLICATION FORM X AmendthehtiApp'licait�iori rule 1.8) CHECK ONE: New Application (Rule 2) _ Conversion Application (Rule 1.10) CEfii( TO THE The- application for a Regular Operation Reclamation Permit contains three major parts: (1) the application form; (2) Exhibits A —S; and, (3) the application fee. When you submit your application, be sure to include one (1) signed original and four (4) signed copies of the application form, five (5) copies of Exhibits A —S, and a check for the application fee described under Section (14) on Page 3. To expedite processing, please provide the information in the format and order described in this form. __________________================-====================C=== GENERAL OPERATION INFORMATION Type or print clearly, in the space provided, all information described below. 1. Applicant/operator name: Weld County, Colorado 1.1 Type of organization (corporation, partnership, etc.): government 2. Operation name (pit, mine or site name): Y.okest.ra—west 2.1 I.R.S. Tax ID No. or Social Security No.: 84-6000 813 3. Permitted Acres: 170 Permitted acres Please indicate acreage to the nearest tenth (10th) acre. 3.1 Application fee (see Section 14): $1550.00. Application fee 4. Substance(s) to be mined (e.g., gravel/gold/borrow): gravel 5. Name of owner of surface of affected land: Weld County 6. Name of owner of subsurface rights of affected land: Weld County If 2 or more owners, refer to Exhibit P. 7. Type of mining operation: x Surface _ Underground 8. Location Information: the center of the area where the majority of mining will occur lies in: COUNTY: WELD PRINCIPAL MERIDIAN (check one): X 6th (Colorado) 10th (New Mexico) Ute TOWNSHIP (write number and check direction): T 2 & 3 X North South RANGE (write number and check direction): R _ East X West SECTION (write number): S 2 & 35 QUARTER SECTION (check one): NE x NW SE SW QUARTER/QUARTER SECTION (check one): _ NE _ NW __ SE X SW GENERAL DESCRIPTION: (miles and direction seven miles east of Longmont, Colorado from nearest town and approximate elevation) 4830 • —2— (2. Correspondence Information: APPLICANT/OPERATOR (name, address, and phone of name to be of far) permit) TO THE PaY.- Individual's Name: Company Name: Street: City: State: Area Code: Kenneth Rchraeder Weld County, Colorado 915 10th Street Greeley Colorado 303 Telephone: Zip Code: 80631 356-4000 PERMITTING CONTACT (if different from applicant/operator above) Individual's Name: Donald Carroll Company Name: Weld County, Colorado Street: 915 10th Street City: Greeley State: Colorado Zip Code: 80631 Area Code: 303 Telephone: 356-4000 INSPECTION CONTACT Individual's Name: Company Name: Street: City: State: Area Code: same as applicant/operator Zip Code: Telephone: CC: STATE OR FEDERAL LANDOWNER (if any) n/a Agency: Street: City: State: Area Code: Zip Code: Telephone: CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Street: City: State: Area Code: n/a Zip Code: Telephone: 10. Primary. future (Post -mining) land use (check one): 11. Primary present land use (check one): Cropland(CR) Range1and(RL) Residential(RS) Developed Water -3- Pastureland(PL) 3 11 9: 34 General Agriculture(GA) Forestry(FR) .1Lin life Habitat(WL) X Recreation(RC),03-;r)-dystpial/Commercial(IC) Resources(WR) Solid Waste Disposal(WD) Cropland(CR) X Pastureland(PL) _ Rangeland(RL) _ Forestry(FR) _ Residential(RS) Recreation(RC) Developed Water Resources(WR) 12. Method of Mining: _ Quarry (QR) General Agriculture(GA) Wildlife Habitat(WL) Industrial/Commercial(IC) _ Solution (SO) 12a. Other: Briefly explain mining method (e.g. Placer, truck/shovel). truck/shovel Gravel pit (wet) 13. On Site Processinq:n/a _ Solution (SO) Chemical (CH) _ Thermal (TH) Heap Leach (HL) _ Vat Leach (VL) 14. Application Fee: The application fee for Quarry mining is $2,325. The application fee for Solution mining or any Chemical or Thermal Processing is $3,100. If none of these methods or processes are to be included in the operation then the application fee is $1,875. The application fee for conversion to a 112 permit is $1,500. 112 Amendment application fee is $1,550. An applicant will not be issued a reclamation permit until notified by the Division that this application and the required performance and financial warranties have been approved. Alternatively, an automatic approval will occur where the Division fails to notify the applicant/operator that the application has been denied. The final agency action must be made within 120 calendar days from the date the application was submitted. However, the performance and financial warranties must be approved by the Division or Board before a permit will be issued even if you receive an automatic approval. NO MINING OPERATIONS SHALL BEGIN UNTIL A PERMIT IS ISSUED (Rule 7.2(2)). It shall be a provision of this permit that the accordance with the terms and conditions listed provisions of the Act and the Mineral Rules and permit is issued. operations will be conducted in your application, as well Regulations in effect at the in as with the time the -4 - Notice Requirements Immediately after the first publication of your notice in a newspaper of general circulation in the locality of your proposed mining operation, you must mail a copy of the -notice to all owners of record of surface rights to the affected land and all owners of record of lands that are within 200 feet of the boundary of the affected land. Notice requirements are specified in Rule 2.2. A copy of a form which includes all required information for the notice has been attached for your use. You will need to provide the Division proof of notice prior to the decision date, which may be by submitting return receipts of a certified mailing or by proof of personal service (Rule 2.2.2(6)). NOTE TO COMMENTORS/OBJECTORS: It is likely there will be additions, changes, and deletions to this document prior to final decision by the Mined Land Reclamation Board or Division. Therefore, if you have any comments or concerns, you should contact the applicant or the Division prior to the decision date so that you will know what changes may have been made to the application document. The Division is not allowed to consider comments, unless they are written, and received prior to the end of the public comment period. You should contact the applicant for the final date of the public comment period. If you have questions about the Mined Land Reclamation Board and Division's review and decision or hearing process, you should contact the Division at (303) 866-3567. As an authorized representative of the applicant, I hereby certify that the operation described herein has met the minimum requirements of the following terms and conditions: 1. This mining operation will not adversely affect the stability of any significant, valuable and permanent man-made structure(s) located within two hundred (200) fee of the affected lands. However, where there is an agreement that damage to the structure is be be compensated for by the applicant/operator (C.R.S. 34-32-115(4)(d)), then mining may occur within 200 feet. Proof of an agreement must be submitted to the Division prior to the decision date. 2. No mining operation will be located on lands where such operations are prohibited by law (C.R.S. 34-32-115(4)(f)); 3. As the applicant/operator, I do not have any mining/prospecting operations in the State of Colorado currently in violation of the provisions of the Mined Land Reclamation Act (C.R.S. 34-32-120) as determined through a Board finding. -5- 4. I,understand that statements in the application are being made under penalty of perjury and that false statements made herein are punishable as. a Class 1 misdemeanor pursuant to Section 18-8-503. C.R.S. Signed and dated this o2& day of tion ra Applicant/Operator If Cor � By: Constance L. Harbert By: Title: Commissioner Coordinator Corporate Secretary or Equivalent Town/City/County Clerk State of Colorado ) ss. County of Weld The foregoing instrument was acknowledged before me this 26 day of January . 1993 by Connie L. Harbert as Commissioner Coordinator of Weld County Nen ory blic My Commission Expires: 2/9/94 (04/92) 2823F WELD COUNTY, COLORADO USE BY SPECIAL REVIEW APPLICATION for MINING PERMIT Weld County Department of Planning Services, 915 1Oth Street, Greeley, Colorado, Phone 356-4000, Extension 4400 For Department of Planning Services Use Only Case Number: Date Application Received: PC Hearing Date: Section: , Township: Zoning District: North, Range: West Recording Fee: Permit Fee: Recording Fee Receipt 6: 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 See Exhibit "A", Plan Sheet No. 1 TOTAL ACREAGE: 169.96 2. Surface owner(s) of area of land described Name: Weld County, CO Address: 915 10th Street Phone:(303)356-400( Name: Address: Greeley, CO 80631 Phone: 3. Owner(s) of mineral rights to substance to be mined Name: Weld County, CO Address: 915 10th Street Phone:(303) 356-40( Name: Address: Greeley, CO 80631 Phone: 4. Source of applicants' legal right to enter and to mine on the land described: see Exhibit "0" (Attached certified copy of any document noted to the back of this form) 5. Address of applicant and general office 80631 Applicants address: 915 10th Street, Greeley, CO Phone: (303) 356-4000 General Office address: 915 10th Street, Greeley, Phone: (303) 356-4000 CO 80631 6. Identify any prior permits for mining held by applicant or affiliated person: waived by applicant 7. Description of Operation a. Types and number of operating an processing equipment to be employed: crushing and screening with asphalt processing facility, including scales, dozers, scrapers, loaders, trucks and miscel- laneous equipment. See Exhibit "D" and proposed extraction stan— dards. No noise report is provided as the operation will not create anymore noise than adjacent gravel operations and is not near any develo b. Maximum number of employees: 10 , and number of shifts: 1 area c. Number of stages to be worked: 4 , and periods of time each is to be worked: Phase I, 1998 - 2002; Phase II, 2003 - 2007; Phase III 2007 — 2011; Phase IV, 2011 — 2021 d. Thickness of mineral deposit: 13 feet, and thickness of the overburden: 2.51 e. This will be a wet/dry pit operation. Dry 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): see plans for ingress/egress roads traveled; 24-1/2, Frontage Road, 24 and 9-3/4. 8. Description of Rehabilitation a. Proposed rehabilitation land use(s): see Sheet 3 of 3, Exhibits "E" an b. Source of technical advice for reclamation: Department of Wildlife and U.S. Soil Conservation Service c. Explanation of Reclamation Process: see Sheet 3 and Exhibit "E" of attachments. I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD STATE OF COLORADO Signature: Owner/Aut Subscribed and sworn to before me this ca lO 1ak day of SEAL My Commission expires c9 i ! 117 ad Agent , 1993 N077ARY PUBLIC STATE OF COLORADC MINED LAND RECLAMATION DIVISION Department of Natural Resources 1313 Sherman St., Room 215 Denver, CO 80203 303 866-3567 FAX: 303 832-8106 PERFORMANCE WARRANTY Operator: Weld County Road and Bridge, Mining Division Operation: Hokestra 4 West Permit No: M-80-149 Roy Romer. Govemor Fred R. Banta, Division Director KNOW ALL MEN BY THESE PRESENTS, THAT: WHEREAS, the Colorado Mined Land Reclamation Act, CRS as amended, 34-32-101 et seq. (the "Act"), as amended, provides that no permit may be issued underlie Act until the Mined Land Reclamation Board (the "Board") receives a performance warranty (or warranties) that is a written promise to comply with all applicable requirements of the Act. WHEREAS, Weld C u tv (the "Operator"), has applied for a permit to conduct a mining operation known as Hokestra - West (the "Operation") on certain lands in Weld County, Colorado. these lands are described in the permit application, as amended and supplemented, and are referred to herein as the "Affected Lands". WHEREAS, in its application for the permit, the Operator has agreed to be bound by all requirements of the Act and all applicable rules and regulations of the Board, as amended from time to time. WHEREAS, the Board has determined, in accordance with the Act, that the estimated costs of reclamation with regard to those affected lands in Weld County which are now or may become subject to the permit are those amounts ror the stated periods of time as set forth in the financial warranty, which may be amended from time to time to reflect revised estimates of said costs of reclamation. WHEREAS, the Operator hereby gives the Board a performance warranty pursuant to Section 34-32-117(2) of the Act, and herein promises the Board that it will comply with all applicable requirements of the Act with regard to those Affected Lands. -2 - NOW, THEREFORE, the Operator hereby promises the Board that it will comply with all applicable requirements of the Act and rules and regulations of the Board with respect to the Affected Lands. FURTHER, the Operator hereby promises the Board that it will comply with all of the terms of the application for a permit, as amended and supplemented, as well as any conditions attached to the permit by the Board. Further, the Operator promises the Board, pursuant to 34-32-112(1 )(d) of the Act, that it has the lawful authority to enter upon the Affected Lands to conduct mining operations, including, but not limited to, reclamation. The Operator further recognizes the right of the Board to enter to reclaim lands affected by the operation. The description of lands herein is for convenience of reference only, and no error in such description, nor any revision of the permitted mining area, nor the disturbance by the Warrantor of lands outside of the permitted mining area shall alter or diminish the Operator's obligation hereunder, which shall extend to the reclamation of all such lands disturbed. The obligation of the Operator hereunder is such that, if the Operator shall successfully comply with the requirements of the Act, applicable rules and regulations, and the permit, then the Board, upon a finding that the Operator has so complied, shall release this performance warranty, and the Operator from its obligation hereunder, to the extent that the Board determines that such compl iance has been accompl ished. The obligation of the Operator hereunder shall continue until released in whole or in part by the Board in accordance with applicable law. In further satisfaction of the requirements of the Act, the Operator has attached hereto its financial warranty, which may be amended from time to time. The Operator agrees that it will maintain a financial warranty (or warranties) for the estimated costs of reclamation in good standing for the entire life of the permit. If the Board determines that the Operator is in default under this performance warranty and has failed to cure such default, although written notice of such default and ample time to cure such default have been given, the Operator's financial warranty shall be subject to forfeiture. This performance warranty may be executed in multiple copies, each of which shall be treated as an original , but together they constitute only one agreement, the validity and interpretation of which shall be governed by the laws of the State of Colorado. -3 - The provisions hereof shall bind and inure to the benefit of the parties hereto and their successors and assigns. SIGNED, SEALED AND DATED, this day of , /772 Weld County Board of Commissjoner4SEAL) Operator By: 41,7 C, Title: Chairman NOTARIZATION OF OPERATOR'S ACKNOWLEDGMENT STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this 26th day of January , 1993 , by Constance L. Harbert aS Chairman of Weld County Board of Commissioners APPROVED: STATE OF COLORADO MINED LAND RECLAMATION DIVISION MINED LAND RECLAMATION BOARD By: N7ARY PUBLIC My Commission expires: 2/9/94 Director 6427F (01/91) Date ATTACHMENT TO REGULAR (112) PERMIT APPLICATION TO MINED LAND RECLAMATION DIVISION FOR MINING AND RECLAMATION PERMIT FOR WELD COUNTY, COLORADO GREELEY, COLORADO OCTOBER, 1992 EXHIBIT A - Legal Description Included on Plan Sheet 1 of 3 EXHIBIT B - Index Map Included on Plan Sheet 1 of 3 EXHIBIT C - Pre -Mining Plan Map of Affected Lands Included on Plan Sheet 1 of 3 a. Surface owners shown on Pre -Mining Map (Exhibit C). b. Creeks, roads, buildings, power line and other topographic features shown on topographic map (Exhibit C). c. Contours shown on topographic map (Exhibit C). d. Area involved in operation - 170 acres. e. Vegetation in mined and unmined area is generally pasture with the south 65 acres under cultivation. (Exhibit AA) f. Water information - existing surface water resources shown on Exhibit C. See also Exhibit G. EXHIBIT D - Mining Plan a. & b. Mining by surface earthmoving machines. c. No water diversions from without or within pro- perty. Finished excavations are to be maintained as water impoundment ponds to be used for recreation purposes including fishing and as permanent repositories for excess native overburden. d. See Mining Plan Map. worked separately and (See Exhibit C). All disturbance. Each designated area is in sequence indicated. areas are subject to major e. Time periods of each phase shown on Exhibits D and E. Gravel thickness varies - see Mining Plan Map, Exhibit C. Overburden is described in Exhibit AA. Claystone bedrocks stratum under- lies mineable sand/gravel material. f. Mining operation will include use of rock crushers, asphalt and concrete mixing plants and scales with scale house. EXHIBIT E - Reclamation Plan a. The operator proposes to reclaim the area through development of water impoundments with seeded dikes and picnic area for recreational purposes. The reclamation will consist of impoundment ponds generally within the natural ground water levels of the immediate area. Because the bottom of the excavations are well below normal ground water, the future use is development of ponds to be used for fishing at such time as stocking is accom- plished. Provision will be made in reclamation for access to all locations along roadways on the dikes as required. All finished slopes from five feet above to ten feet below the expected water line will have a slope no steeper than 3 horizontal to 1 vertical, and will be compacted using standard heavy duty earthmoving equipment. The majority of the area will be reclaimed for recreational purposes. Phases I and III approxi- mately twenty acres, will be reclaimed for commercial and/or housing development by using overburden from the remaining one hundred acres to fill the excavated area to the required elevations. b. The ponded areas can be reclaimed and used in much the same way as the Barbour Ponds along the west side of Interstate 25. The reclaimed area used as a recreational area will fit well into the agricultural zoning,of the local land use plan according to local zoning regulations. c. The affected lands will be reclaimed for recrea- tional purposes within five years after each phase of reclamation has commenced except the south twenty acres for purpose stated previously. Use of the reclaimed land shall be in accordance with the limited liability landowner liability law contained in Article 41 of Title 33, C.R.S. 1973. c-1. Grading - all grading will be accomplished when feasible, approximately one year after the min- ing process in a particular phase is completed, using heavy earthmoving equipment. All areas out- side the site will be protected from erosion or siltation as a result of the operations. No refuse and acid forming or toxic materials that might create water pollution are anticipated to result from the proposed mining operation. No drill or auger holes, or shafts will result from the mining operation. c-2. Water - the operator intends to comply with applicable Colorado water laws and regulations governing water rights and with all applicable Federal and Colorado laws and regulations govern- ing water quality and dredge and fill require- ments where applicable. (See Exhibit G) See also USDA Soil Conservation Service information marked Exhibit AA regarding ground water, soils, and grasses in the area. c-3. Wildlife - the Colorado Division of Wildlife is currently reviewing the Pre -Mining Plan. A copy of their review is included as Exhibit H. No conflicts with wildlife are anticipated with regard to reclamation. c-4. Topsoiling - topsoil is limited and it is generally of poor quality as shown on Exhibit AA; however, the limited topsoil will be stockpiled above the 100 year floodprone district, approximate eleva- tion 4,833 and will be spread uniformly in depths of approximately 8 inches on the dike areas above the water line of the impoundments and in other locations that might have been disturbed during the mining operations to provide a support for vegetation. Topsoil will be maintained in a useable condition by creating vegetative cover if prolonged storage is required. c-5. Revegetation - revegetation will occur only on the dikes above the water line of the impoundment and on the locations disturbed by the mining oper- ation. It will consist of seeding of grasses compatible to the area as described by Soil Con- servation Service in Exhibit AA or as further recommended by that agency. Seeding schedules and application rates will be as recommended by Soil Conservation Service. Trees or shrub areas that are adaptable to the region will be included. Plantings will be in accordance with Soil Conservation Service recommendations as areas are completed for reclamation. d. See Exhibit E, paragraph C-4, and Reclamation Plan Map, Exhibit F. e. Timetables - Phase I - 22 acres. Phase I will begin to be mined within 6 years of approval from the Mined Land Reclamation Board. This area will require approximately 4.7 years to be mined. Reclamation of Phase I will begin approximately January, 2007. Phase II - 30 acres. The overburden will be used to reclaim Phase I. Phase II will be mined for a period of about 4.5 years. Phase III - 22 acres. This area will be mined for a period of 4.5 years and the south portion will be reclaimed for development as shown on Exhibit F. Phase IV - 53 acres. This area will be mined for a period of 10 years. The overburden will be used to reclaim Phase III as shown on Exhibit D. Reclamation of all mining phases will be completed within the five-year limit allowed by Colorado Mined Land, Act 34-32-101, CRS 1973 as amended, revised 1988 Legislative session. Grass planting will occur according to recommendations and schedules of the Soil Conservation Service. e.(i) See reclamation plan and details; attached to Plan Map, Exhibit F. e.(ii) See Exhibit AA - Applicant to comply with Soil Conservation Service. e.(iii) Fertilization will be accomplished in accordance with Soil Conservation Service recom- mendations at time of seeding operations. EXHIBIT EXHIBIT EXHIBIT EXHIBIT F - Reclamation Plan Maw - e.(iv) See Exhibit E, paragraph e.(v) See Exhibit E, paragraph see attached G - Water Information - see attached H - Wildlife - see graph c-3. c-5. c-4. map. EXHIBIT H included herewith and para- I - Soils - see EXHIBIT AA. EXHIBIT J EXHIBIT K - Vegetative - See EXHIBIT AA. - Climate Average seasonal precipitation is about 15 inches per year. Temperature ranges are those normal to northern Colorado, east of the mountains along the front range and vary from a plus 100°F., to a low of minus 20° F. EXHIBIT L - Reclamation Costs - (1993 dollars) Seeding 25,000 Fertilizing 25,000 Topsoiling _11,000 Miscellaneous items, including small structures, etc. 10,000 TOTAL ESTIMATED RECLAMATION COSTS $.71,000 EXHIBIT M - Delete. EXHIBIT N EXHIBIT 0 EXHIBIT P - See Act 34-32-115(4) and (4) (c). - See Act 34-32-112 (2) (d); also see Deed. - See items 1 and 10 of Mined Land Reclamation Division Permit application - Owners shown on attached map; EXHIBIT C. EXHIBIT G 6.0 WATER INFORMATION The north property line is bounded by the St. Vrain Creek. The property is bisected by the Last Chance Ditch. The mining operation will maintain a minimum 150 feet setback from the St. Vrain Creek thalweg and a 50 feet setback from the Last Chance Ditch so that site activities will not structurally impact the side slopes or significantly increase seepage from either conveyance feature. Other water features on the site include three ponds as shown on the Pre -Mining Plan. Most of the site lies within the 100 year floodplain. The southern portion of the site which is not in the floodplain will be used for stockpiling topsoil. Fuel stored on site and production facilities will also be kept in the area outside of the 100 year floodplain. The mining plan entails dewatering of the site during the mining phase. After mining is completed four (4) lakes will remain on the site due to the high water table in the vicinity. Presently on -site surface drainage naturally flows into the St. Vrain Creek. The grading shown in the Mining Plan and Reclamation Plan is designed to impound all on -site stormwater. 6.1 Dewatering Plan The mine site is in an area with a high water table and water will be exposed at the site due to sand and gravel mining. However the mining area will be dewatered with a dewatering trench around the perimeter of the pits. As mining progresses the groundwater table will be lowered in each mining phase by pumping to allow the aggregate to be mined under dry conditions. Only one mining phase will be dewatered at any one time. Sediment will be allowed to settle out in a sump area before the water is pumped from the pits. Water from phases 1 and 3 will be discharged into the Last Chance Ditch and water from phases 2 and 4 will be discharged into the St. Vrain Creek. Approval from the ditch company to pump water to the ditch will be obtained. An alternate plan of dewatering groundwater from mining phases 1 and 3, if permission is not received from the ditch company, will be to pump water to the ponds on property owned by Weld County that lie to the east of the subject site. A NPDES permit will be obtained for all discharges to the St. Vrain Creek prior to the commencement of mining operations. 6.2 Process Water A dry crushing process will be used for the mined aggregate and therefore no water will be used for this process. The only consumptive use of water for the mining operation, other than evaporation will be water retained in the material excavated from the site and water pumped from the pit which will be used for dust control. Aggregate which has been stockpiled for a week is generally considered to contain 4% water by weight. This would be an appropriate water content for pit run aggregate. Calculations of water content in the annual production rate of 200,000 tons of aggregate equals approximately 5.89 acre-feet (af) of consumptive use. Approximately 3/8 inch of water will be applied a day to 2.5 acres (2900 linear feet of Weld CR 24 1/2 and a maximum of 2000 linear feet at plant) of roads to control dust. Dust control will be required approximately 60 days each year. Therefore the annual consumptive use for dust control is estimated at 6.2 acre-feet. 6.3 Evaporative Losses The NOAA Technical Report NWS 33, 'Evaporation Atlas for the Contiguous 48 United States', published by the U.S Department of Commerce was used to determine the amount of evaporation. The annual evaporation is 39 inches at the subject location. Lake freezing is expected to occur in the months of January and February and consequently the annual net evaporation is reduced by 6.1 percent. The net annual evaporation from a lake surface at the site is 3.05 ft (36.6 inches). Due to high water table conditions at the site groundwater consumptive use has occurred historically. A consumptive use credit is therefore applied to the net evaporation reducing the net evaporation by 12 inches annually. Hence the net consumptive use due to exposure of groundwater is 2.05 ft or 24.6 inches During the final phase of mining, phase IV, the other lakes will be filled with groundwater. The annual consumptive use during this final phase of mining will be as follows: Evaporation from Phase I, II, III Lakes: (48.21 surface acres) Water retained in excavated material: Dust Control water: Total 98.8 acre-feet 5.9 acre-feet 6.2 acre-feet 110.9 acre-feet 6.4 Augmentation Because groundwater depletions due to the mining operation are in a stream system that is over appropriated, augmentation of the consumptive use will be required. The consumptive use at the site will be greatest at the completion of mining when the final lake (phase 4 of mining) is allowed to fill. At that time 96.76 acres of groundwater will be exposed. However, there are presently 3 ponds on the site which total 10.34 acres. A 1977 aerial photograph was inspected which indicates that the ponds existed on the site prior to the grandfather date of 1981. Consequently only the evaporation from 86.42 acres requires augmentation. The annual evaporation from the reclaimed lakes that will require augmentation will be 177.2 acre-feet. Weld County owns senior water rights on Boulder Creek and on the South Platte River which can be used as a source of augmentation water. Below are some of the water rights that Weld County owns which are available for use for augmentation of the subject operation: AVG. ANNUAL AVAILABLE SHARES TOTAL DIVERSIONS CONSUMPTIVE OWNED DITCH SHARES (AC -FT) USE (AC -FT) 1 RURAL 50 5,382 54 1 LUPTON 83 18,062 109 BOTTOM 30 FULTON 7,185 28,030 58 Weld County also owns additional water rights which may be used as augmentation sources. weld County is presently in an agreement with Central Colorado Water Conservancy District for the augmentation of their existing gravel pit operations. They will be seeking the same kind of agreement with CCWCD for this operation in which they will assign some of their water rights to CCWCD for augmentation. If an agreement is not reached with CCWCD Weld County will take the necessary steps to change their water rights in water court for augmentation. Prior to obtaining a change of water right in water court Weld County will enter into a substitute supply plan approved by the State Engineer. 6.5 Surrounding Water Rights and Wells Attached with this exhibit are lists of decreed water rights and permitted wells from the State Engineer's Office in the vicinity of the subject operation and a map showing the location of all wells within approximately one half mile. As indicated by the map all adjacent wells are 1900 feet or more from the proposed mining site. The cone of depression resulting from the groundwater dewatering at the subject site will either not extend to the surrounding wells or will be very minor if it does extent past 1900 feet. A minor drawdown will not effect the production of a well and therefore no adjacent water wells will be adversely affected by the operation. NORTH Q. Trail r0_J P rk BM ✓e4.�t-� 4827 t. WELLS WITHIN 2000 FEET. Lrta.ua • to WE4-L. 0 1000 2000 SCALE IN FEET TUTTLE APPLEGATE, INC. `- Canevlunu r« lad and inane D..eloynrnt =e 11990 Grant Street; Suite 410 Denver, Colorado 80133 tin,'ACo) _CC11 STATE OF COLORADO Roy Romer, Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Perry D. Olson, Director 6060 Broadway Denver, Colorado 80216 Telephone: (303) 297-1192 August 4, 1992 Arthur F. Ulrich Nelson Engineers 822 7th Street Greeley, Colorado 80631 EXHIBIT H REFER TO OF For Wildlife — For People RE: Weld County Board of County Commissioners Gravel Pit Dear Mr. Ulrich, The proposed gravel pit south of the Saint Vrain River in the Del Camino area has been reviewed and the site has been visited. Impacts to the area as it now exists are rather minimal as it is rather heavily grazed and the most abundant grass is salt grass, as a result habitat for wildlife is severely restricted. It might be well to note that any pits in this area will be extremely attractive to waterfowl at the conclusion of mining operations. There are several good sized trees in the area that will probably be destroyed by the mining project. Reclamation should include tree replacement as well as other plant material as recommended by the SCS and depending on the final use of the area. Sincerely, Environmental Biologist DB/jk/Bogart.l17 cc: T. Lynch R. Moss C. Leonard File EXHIBIT I United States Department of Agriculture Soil Conservation Service Nelson Engineers 520 Greeley National Plaza 822 7th Street Greeley, CO 80631 Gentlemen: 9595 Nelson Road, Box D Longmont, CO 80501 776-4034 September 1, 1992 This is in reply to your visit on September 1, 1992 regarding the Weld County Gravel Pit. During the mining operation, cut or fill slopes should not exceed 3:1 slopes (3 horizontal to 1 vertical). Cut slopes should be scarified a minimum of three inches deep prior to placement of any soil material. During the mining operation, topsoil should be stockpiled to be used in reclamation of the area. Stockpiled topsoil should be protected from wind erosion. After mining operations are completed, the area should be shaped and graded with no slopes exceeding 3:1 above water level and for at least ten feet below water level. Below ten feet, slopes could be 2:1. After scarifying, the topsoil should be spread six inches to one foot thick over any disturbed area above water level, except where buildings may be built. A seedbed should be prepared before the soil is seeded to adapted vegetation. After topsoil has been spread over disturbed areas and a seedbed has been prepared, the reclaimed area should be seeded to a cover crop. Recommendations are to use a hybrid forage sorghum. This seeding should be done in May or June at the rate of 10 pounds per acre of Pure Live Seed (PLS) in 7 to 12 inch row spacings. Grass may be seeded directly into the forage sorghum. If a cover crop is not used, then mulch needs to be used. After seeding is completed, approximately 4000 pounds per acre of straw or hay mulch should be applied. This mulch should be anchored. One method is to use a straw crimper and "crimp" the mulch into the soil. This should help to control erosion until the grass becomes established. A soil test should be taken to determine fertilizer recommendations before seeding grass. In the absence of a fertilizer test, forty pounds of nitrogen and forty pounds of phosphorous per acre should be applied just prior or during seeding the area to grass. The fertilizer should be mixed into the soil. Grass seeding should be done between November 1 and May 1. It's best to seed in the fall. Seeding should not be done on frozen soil. The seedbed should be firm and clean of weeds. If a cover crop is not used, mulch should be applied immediately after seeding. A recommended seeding rate for the area is: A The Soil Conservation Service SCS-AS-1 Species 2 Variety % of Mixture PLS lbs/acre Western Wheatgrass Switchgrass Alkali Sacaton Arriba or Barton 70% Greenville or Nebraska 20% Salado 10% 11.2 .9 .2 The seeding recommendation can be changed in consultation with SCS and the Mine Land Reclamation. Stockpiled topsoil should be seeded to Lincoln Smooth Brome at the rate of 13 pounds per acre of Pure Live Seed, or Fairway wheatgrass at the rate of six pounds per acre Pure Live Seed. All the grass should be planted using a grass seed drill with agitators in the drill box, double disc with depth bands and packer wheels. Ninety-five percent of the seed should be planted at a depth of 1/2 inch to 2/3 inch. If the seed is broadcast, the seeding recommendations need to be doubled. Weed control is necessary to ensure a successful seeding. Weeds can be controlled by mowing or spraying chemicals. Mow weeds when they are six to eight inches high, leaving a three to four inch stubble. Do not clip off the top of the newly seeded grass. This should be done for the first and possibly the second growing season. After the first growing season and the grasses have reached the four leaf stage, appropriate herbicides may be used to control weeds. Any chemicals used will need to be used according to manufacturer's labeling. The area should be protected and grazing should be prohibited. Some trees and shrubs that could be included in the revegetation of the area, above water level, could include the following: Rocky Mountain juniper, Eastern red cedar, Ponderosa pine, Russian olive, Hackberry, Skunkbush sumac, Lilac and American plum. If you have any questions regarding this letter, please contact me. Sincerely, Richard �ila ey Distric . servationist RJM:r u NELSON ENGINEERS RECL_i"IED JAN 1 4 1993 822 7TH STREET GREELEY, COLORADO 80631 (303) 356-6362 Q\SZ� S�CvrZtO Qua July 23, 1992 000.0, 9 S t1� �p Soil Conservation Service 9595 Nelson Road, Box D Longmont, Colorado 80501 Dear Madam or Sir: Nelson Engineers is preparing a Regular Permit Application, Act 34-32-112, to be submitted to the Mined Land Reclamation Board for Board, of County Commissioners of Weld County. In accor- dance with the application requirements a reclamation plan must be submitted with the following inclusions: 1. any soils information regarding the site; 2. seeding for revegetation specifying type of grass, mix- ture, seed rate, and optimum time of seeding; 3. fertilization specifying whether or not fertilizer would be appropriate, and if so, specify type, mixture quantity and time of application; 4. recommended species of trees and shrubs, quantity and sizes; 5. final grading specifying maximum anticipated slope gradient or expected range; 6. water resources specifying whether or not the site is in a dry or wet alluvial area and whether the site is subject to a groundwater condition in the depths that are reason- able for excavation. Please provide our company with answers to the six items listed. Enclosed are two plan sheets, one showing the vicinity of the area. Your earliest response is appreciated. If you have questions, please contact our office. Respectfully, NELSON ENGINEERS Arthur F. Uhrich Project Manager AFU/gc Enclosures \-1.6 J BORN SER VOIR z z 'N SCALE: /" = 2000' SOIL SURVEY GO percent of the unit. Aquents, which have a lighter colored surface layer, make up about 35 percent. About 5 percent is Aquepts and Bankard sandy loam. These are deep, poorly drained soils that formed in recent alluvium. No one pedon is typical. Commonly the, soils have a mottled, mildly alkaline to moderately al- kaline loamy or clayey surface layer and underlying material and are underlain by sand or sand and gravel within 48 inches. In places they have a gleyed layer in the underlying material. Most of the acreage is subject to flooding. The water table is at or near the surface early in spring and recedes to as deep as 48 inches late in fall in some years. These soils are used for rangeland and wildlife habitat. Some small areas have been reclaimed by major drainage and leveling and are used for irrigated crops. The potential native vegetation is dominated by alkali sacaton, switchgrass, and western wheatgrass. Saltgrass, sedge, rush, and alkali bluegrass are also prominent. Potential production ranges from 3,000 pounds per acre in favorable years to 2,000 pounds in unfavorable years. As 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, firm 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. 3—Aquolls and Aquents, gravelly substratum. This nearly level map unit is on bottom lands and flood plains of all the major streams in the survey area. Aquolls, which have a dark colored surface layer, make up about REPORT DATE 08/26/92 PERMIT D CO OWNER INFORMATION COLORADO WELLS, APPLICATIONS, AND PERMITS PAGE 1 COLORADO DIVISION OF WATER RESOURCES ACTIVITY STATUS 1ST USED ANNUAL ACRES GEOL WELL WELL WATER SEC LOCAT'N TOWN P CD DATE CD DATE WD MD DB USE DATE APROP IRR AQFR YIELD DEPTH LEVEL COORDINATES QTRS SC SHIP RANGE M 55389 1 62 MEUSER CRAIG W RT /4 BOX 150 C LONGMONTC,,CO 80501 NP 03/23/72 EP 05/08/74 5 DS GW NENE 2 2 N 68 W S O 1139 1 62 WATTERS DEAN RT 4 LONGMONT, CO 80501 5 0 01/16/58 20.00 21 5 SESE 2 2 N 68 W S 14I50R 1 62 ADOLPH COORS CO 101 DENVER AV GOLDEN, CO 80401 AB 12/11/91 5 I 06/01/40 200.00 40 20 SESF 2 2 N 68 W S 162 LONGMONT, CENTE LONGMONT, CO 80501 AP 10/04/82 AR 10/13/82 5 0 139228 1 62 CO DIV PARKS LOVELAND, CO 80531 SE 3 2 N 68 W S EX 10/26/84 EX 5 0 6W 15229MH 1 7 TOTAL PETROLEUM C/0 1801 BROADWAY STE 700 DENVER, CO 80202 SENE 3 2 N 68 W S MN 07/25/89 5 GW O 55375 1 62 FISHER D M 1301 CASTLE ROCK DR FT COLLINS, CO 80521 SESE 3 2 N 68 W S NP 03/23/72 5 0 01/17/73 OW 0310S,1005E SESE 3 2 N 68 W S 9829AD 162 LONGMONT CENTENNIAL INN INC LONGMONT, CO 80501 AD S C 9830AD 1 62 LONGMONT CENTENNIAL INN INC LONGMONT, CO 80501 SESF 3 2 N 68 W AD 5 C SESE 3 2 N 68 W S 1 62 LONGMONT CENTE LONGMONT, CO 80501 AP 10/04/82 AR 10/13/82 5 D SESE 3 2 N 48 W S 35608M 1 62 TOTAL PETROLEUM 999 18TH ST STE 2201 DENVER, CO 80201-0500 NP 08/14/89 5 GW U 35609M 1 62 TOTAL PETROLEUM 999 18TH ST STE 2201 DENVER, CO 80201-0500 03005,01001 SESE 3 2 N 68 W $ NP 08/14/89 5 GW 03005,0200E SESE 3 2 N 68 W S O 35610M 1 62 TOTAL PETROLEUM 999 18TH ST STE 2201 DENVER, CO 80201-0500 NP 08/14/89 5 OW 0200S 0200E SESE 3 2 N 68 W S O35611M 162 TOTAL PETROLEUM 999 18TH ST STE 2201 DENVER, CO 80201-0500 NP 08/14/89 5 O 56698 1 62 HOLMES JAMES F 190 S MAIN LONGMONT, CO 80501 OW 0400S 0100E SESE 3 2 N 68 W S 5 0 05/09/72 15.00 32 5 08805,0470E SFSE 3 2 N 68 W S 1 62 ANDESITE ROCK CO 1746 COLE BLVD BLDG21 225 GOLDEN, CO 80401 AP 09/20/91 AR 05/13/92 5 OW 10427AD 1 62 ANDESITE ROCK CO GOLDEN, CO 80401 N SW 3 2 N 68 W S AD S N 37223 1 62 GUILL W A 1402 N MAIN LONGMONT, CO 80501 NESW 3 2 N 68 W S 5 0 03/31/69 30.00 21 6 NWSW 3 2 N 68 W S 65259 1 62 CORNETT WILLARD L RT 4 BOX 1606 LONGMON CO 80501 5 02/28/73 1.00 181 12460S 0180W NWSW 3 2 N 68 W S 3544AD 1 62 ARGANBRIGHT DORIS M. WYOMING, 61491 AD 3474AD 1 62 ARGANBRIGHT DON D. WYOMING, 61491 SESW 3 2 N 68 W S AD 37739 1 62 DISTRIBUTION HOLDINGS INC CENTL NATL BK BLO DES MOINES, IA 50309 SESW 3 2 M 6@ W S NP 05/07/69 AB 07/29/91 5 D 05/12/69 - GW 14,00 26 8 swsw 3 2 N 68 W S 160788 1 62 CUSTOM FENCE 6 SUPPLY INC 3031 HWY 119 LONGMONT, CO 80504 NP 03/08/91 AR 07/10/91 5 C GW 15.00 29 7 01705,0126W SWSW 3 2 N 68 W S 5 5 ✓ 0 1 r4 4 ggIggg g }{py 0 666666 ei! i 2 i Y 222222 j • Pi aid N gigigg N s< R6�gUAIRNRIAAWNh iA'rRl��q^lQ��+�� Rplp 7 J 7 7 7 7 7 7� 7 J 7 J 7� �� J G p J iii iii7 7 7 Ti �iiJJJtI 1 l 44�mmlng414444mgg44444444111iiimmivgligugiiii +pp�p+�t�M.v�,y}5pyyx7SgR,Q¢. p n 0. §NFiiMi7eltigi:7 g�tloggi T°RggvYIX :T3 agggN li iiiiiiiliiiiiiiIIIIIIiIIIIIIIIIIiiIIIIIIIIIIIIIIIIIIIII . 1 gB6@ BbBbB 41 i gill 11111 11111 li 1111111111111111111111111111111111111111111111111111111 '111111111111 F*F j�.,:l.QN$:*0.N(IYp�pYN'.pYYj�7p[ffOO`fQ1330pONjNGN$N NO d0 p0000p00p00000000 p O NNN N NN N N N N N N 0000 p vc4040'h," f �I�f�1��71 V Op_i u OO�. O R U8 uR f�(Qu QQY<U�tlu1 p«]fS�[U�Y[U�(U UFU�u$u $u �yj a GRp{ IV v 1,'yV,f`n noddlCdC5odd.-ddo�oJl A.�iP3 A1'IFrMY]`i ^�"i Zf�CC�BNNN mdc4emamddo a i -ease-sees � _saes....... eaea_£�}��,� N N N N N N III N N N N N N. N N N N N N N N N N N N N N N N N, 0 0 0. N .... N N N 468.0000 NN N N N N N N N N N N N ' JJ77�7p 777tl7 p?pJ �Jp oT pJ n7 �Tp �Jp77TJJTJJTJJ7TJ7T7JT7TTJJ7TTJ77JJJ7TJTJ 7L =Q �G V �V ��OV V V V V�4 �4 V �� N3 i _. M M M M M M M M M M M M M M M M M M M M M N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N a M M M H M mrimmAAAAAAAAAAA 1111 �� yyQ�{nyy {�p'yj npy ============= �{Tp^yj �p^yj 1np^yn^yj ^^^^^�,y7^Q {�pNQyMMMMMMMMM ====== {(y!y� t(]!y� �p .p .p0 Iy� i i AAAA�AAAAAQ�Q1AyIyA 011111 Z11iiiIIi11111 �I QJ QJ IIIIII '2!Z! ill mg M gOggg 0 0000000000000 fll aaaaaaaaaay**aaaaaaedageee* a IA ====7 ',J 000000J1N0w}11777777TJ7J7JT77ppO7OJJ000O000O077T Q - IIIIIII#III5iiiiIjjEjq,f,,,j;f: fl �j 4g f . S Q Q= Q Q Q O N^ - i illiiiiilt11111111111k111H1111141 1111iiiii!4 tIllilliliffi 'O 9NNNNNNN N:NNIF�R OI�O�N NNNNNNNin y1NNNNNNNN'>. N:N�. N N N N N N N N N� N N N REPORT DATE 08/26/92 PERMIT D CO OWNER INFORMATION ACTIVITY STATUS WELL WATER SEC LOCAT'N TOWN P CD DATE CD DATE WD MD DB USE DATE APROP IRR AQFR YIELD DEPTH LEVEL COORDINATES QTRS SC SHIP RANGE M COLORADO WE , APPLICATIONS, AND PERMITS PAGE 1 COLORADO ISION OF WATER RESOURCES 1ST USED NUAL ACRES GEOL WELL 72605 1 62 DONES RICHARD RT.1 BOX 138 ERIE, CO 80516 S D 03/19/74 1,00 15.00 335 90 0220N 1735W NENW 34 3 N 68 W S 1 62 SIEGRIST CO GREELEY, CO 80631 AP 03/16/82 5 SW 35 3 N 68 W S 30329F 1 62 1 BAR B INC. LAKEWOOD, CO 80215 NP 05/08/86 SP 01/28/92 5 GW 20 N SE 36 3 N 68 W S 10671 1 62 WARREN KEITH LOVELAND, CO 80537 5 S 03/03/62 15.00 22 9 SWSE 36 3 N 68 W S 10823AD 1 62 VARRA COMPANIES BROOMFIELD, CO 80020 AD 03/27/85 RC 07/08/85 5 N GW NESW 36 3 N 68 W S 26 SOIL SURVEY TABLE 5. --YIELDS PER ACRE OF IRRIGATED CROPS (All yields were estimated for a high level or management in 1975. Absence of a yield figure indicates the crop is seldom grown or is not suited] Soil name and map symbol Alfalfa hay Sugar beets Corn Ton 1, 2 3 4 5 6 7 8 9 Altvan Aquolls Aquolls Ascalon Ascalon Ascalon Ascalon Ascalon 10 Bankard 11 Dresser 12 Dresser 13 Cascajo 14 • Colby 15 Colby 16 Colby 17 Colby 18 Colby 19' Colombo 20' Colombo 21 Dacono 22 Dacono 23 Fort Collins See footnote at end of table. 5.0 5.5 5.5 2.5 5.5 5.5 5.5 5.5 4.0 3.0 5.5 5.5 5.5 5.5 5.5 Ton 23 24 23 24 23 24 1 23 18 24 23 26 25 24 Bu 160 Corn silage Ton 33 Beans, dry pinto Lb 2400 180 35 2700 160 33 2400 50 180 35 2700 160 33 2400 180 35 2700 160 33 2400 100 23 1800 80 20 170 35 2700 160 33 2400 170 33 2400 150 30 2400 180 35 2700 Onions ; Potatoes Sack Cwt 525 325 550 525 550 525 550 525 525 525 550 350 325 350 325 350 325 325 325 100 SOIL SURVEY TABLE 6. --BUILDING SITE DEVELOPMENT (Some of the terms used in this table to describe restrictive soil features are defined in the Glossary. See text for definitions of "slight," "moderate," and "severe." Absence of an entry means soil was not rated] Soil name and map symbol 1, 2 Al tvan 3•: Aquolls Aquents 4*: Aquolls 5 Aquepts Ascalon 6, 7 Ascalon 8, 9 Ascalon 10 Bankard 11, 12 Bresser 13 Cascajo 14, 15 Colby 16, 17 Colby 18•: Colby Adena Shallow excavations Dwellings without basements Severe: Moderate: cutbanks cave. shrink -swell. Severe: floods, wetness. Severe: floods, wetness. Severe: floods, wetness. Severe: floods, wetness. Slight Slight Slight Severe: cutbanks cave, floods. Slight Severe: cutbanks cave, small stones. Slight Slight Slight Slight See footnote at end of table. Severe: floods, wetness. Severe: floods, wetness. :Severe: I floods, wetness. Severe: floods, wetness. Moderate: low strength. Moderate: low strength. Moderate: low strength. Severe: floods. Slight Moderate: slope. Slight Slight Slight Moderate: low strength. Dwellings with basements Moderate: shrink -swell. Severe: floods, wetness. Severe: floods, wetness. Severe: floods, wetness. Severe: floods, wetness. Moderate: low strength. Moderate: low strength. Moderate: low strength. Severe: floods. Slight Moderate: slope. Slight Slight Slight Moderate: low strength. Small commercial buildings Moderate: shrink -swell. Severe: floods, wetness. Severe: floods, wetness. Severe: floods, wetness. Severe: floods, wetness. Moderate: low strength. Moderate: slope, low strength. Moderate: low strength. Severe: floods. Slight Severe: slope. Slight Moderate: slope. Moderate: slope. Moderate: low strength, slope. Local roads and streets Moderate: shrink -swell, frost action. Severe: floods, wetness, frost action. Severe: floods, wetness, frost action. Severe: floods, wetness, frost action. Severe: floods, wetness, frost action. Moderate: frost action, low strength. Moderate: frost action, low strength. Moderate: frost action, low strength. Severe: floods. Moderate: frost action. Moderate: slope. Moderate: low strength. Moderate: low. strength. Moderate: low strength. Moderate: low strength. SOIL SURVEY 104 TABLE 7. --SANITARY FACILITIES (Some of the terms used in this table to describe restrictive soil features are defined in the Glossary. Sec text for definitions of "slight," "moderate," "good," "fair," and other terms used to rate soils. Absence of an entry means soil was not rated] Soil name and map symbol Septic tank absorption fields Sewage lagoon 1 Trench areas sanitary landfill Area sanitary landfill -r Daily cover for landfill 1, 2 Altvan 3": Aquolls Aquents 4I: Aquolls Aquepts 5, 6 7 Ascalon Ascalon 8, 9 Ascalon 10 Bankard 71, 12 Bresser 13 Cascajo 14, 15, 16 Colby 17 Colby 18": Colby Adena 19 Colombo 20 Colombo Slight Severe: floods, wetness. Severe: floods, wetness. Severe: floods, wetness. Severe: floods, wetness. Slight Slight Slight Severe: floods. Slight Moderate: slope. Slight Slight Slight Moderate: percs slowly. Moderate: floods. Slight See footnote at end of table. Severe: seepage. Severe: floods, wetness. Severe: floods, wetness. Severe: floods, wetness. Severe: floods, wetness. Severe: seepage. Severe: slope, seepage. Severe: seepage. Severe: floods, seepage. Severe: seepage. Severe: slope, seepage, small stones. Moderate: seepage. Severe: slope. Severe: slope. Moderate: seepage, slope. Severe: floods. Moderate: slope, seepage. ;Severe: seepage. :Severe: 7 floods, wetness. ;Severe: 7 floods, 1 wetness. ;Severe: I floods, i wetness. Severe: floods, wetness. Severe: seepage. Severe: seepage. Severe: seepage. Severe: floods, seepage. Severe: seepage. Severe: seepage. Slight Slight Slight Slight Slight Severe: wetness. Severe: wetness. Severe: wetness. Severe: wetness. Severe: seepage. Severe: seepage. bev ere: seepage. Severe: floods. Severe: seepage. Severe: seepage. ;Slight ;Slight Slight Moderate: floods. Slight Slight Moderate: floods. Slight Fair: thin layer. Poor: wetness. Poor: wetness. Poor: wetness. Poor: wetness. Good. Good. Good. Fair: too sandy. Good. Poor: small stones. Good. Good. Good. Good. Good. Good. 108 SOIL SURVEY TABLE 8. --CONSTRUCTION MATERIALS [Some of the terms used in this table to describe restrictive soil features are defined in the Glossary. See text for definitions of "good," "fair," "poor," and "unsuited." Absence of an entry means soil was not rated] Soil name and Road fill map symbol Sand i Gravel Topsoil 1, 2 Altvan 3': Aquolls Aquents 4*: Aquolls Aquepts ;Good 5, 6, 7, 8, 9 Ascalon 10 Bankard 11, 12 Bresser 13 Casca jo 14, 15, 16, 17 Colby 18': Colby Adena 19, 20 Colombo 21, 22 Dacono 23, 24 Fort Collins 25, 26 H a v e r son 27, 28 Heldt ;Poor: wetness, frost action. Poor: wetness, frost action. ;Poor: wetness, I frost action. ;Poor: wetness, frost action. Fair: low strength, frost action, shrink -swell. Fair: low strength. Fair: frost action. Good Fair: low strength. Fair: low strength. Fair: low strength. Fair: low strength, frost action. Good Fair: low strength. Fair: low strength. Poor: shrink -swell, low strength. See footnote at end of table. Fair: excess fines. Good Good Fair: excess fines. Fair: excess fines. Fair: excess fines. Unsuited ;Unsuited Unsuited Unsuited Poor: Unsuited excess fines. Fair: excess fines. Poor: excess fines. Good Unsuited Unsuited Unsuited Unsuited Good Unsuited Unsuited Unsuited Unsuited Unsuited Good Unsuited Unsuited Unsuited Unsuited Good Unsuited Unsuited Unsuited Fair: thin layer. Poor: wetness. Poor: wetness. Poor: wetness. Poor: wetness. Good. Poor: too sandy. Fair: small stones. Poor: small stones. Good. Good. Fair: too clayey. Fair: too clayey. Fair: too clayey. Good. Good. Poor: too clayey. WELD COUNTY, COLORADO, SOUTHERN PART TABLE 11. --WILDLIFE HABITAT POTENTIALS [See text for definitions of "good," "fair," "poor," and "very poor." Absence of an entry indicates the so was not rated) Soil name and map symbol 1, 2 Altvan 3": Aquolls Aquents u": Aquolls Aquepts 5, 6 Ascalon 7 Ascalon 8, 9 Ascalon 10 Bankard 11, 12 Bresser 13 Cascajo 1u, 15 Colby 16, 17 Colby Potential for habitat Grain ; Grasses and seed ; and crops" ; legumes Good Poor Poor Poor Poor ;Good ;Fair ;Good ;Poor Good Very poor Good Fair 18": Colby Fair Adena Fair 19, 20 Good 21, 22 Good 23, 211 Good 25, 26 Good 27 Fair 28 Fair P9 Good Julesburg 30 ;Good Julesburg Colombo Dacono Fort Collins Haverson Heldt Heldt Wild herba- ceous plants elements Shrubs Wetland ; Shallow plants ; water areas i-- ; Good Fair Fair Poor Very poor Poor Good Fair Good Poor Good Fair Good Poor Good Poor Good Poor Good Poor Good Good Fair Fair Poor ;Good ;Good 'Good ;Good ;Very poor Good Fair Fair Poor Good Fair Fair Poor Fair Fair Fair Poor Good Fair Fair Poor Very poor Fair Fair Very poor Good Fair Fair Poor Good Fair Fair Poor Good Fair Fair Poor Good Fair Fair Poor Good Fair Fair Poor Good Fair Fair Poor Good Fair Fair Poor Good Fair Fair Poor Fair Poor Poor Poor Fair Poor Poor Poor Good Fair Fair Poor Good Fair Fair Poor See footnotes at end of table. T --Potential as habitat for- Openland ; Wetland ;Rangela wildlife ;wildlife ;wildlif T Good ;Very poor:Fair. Fair ;Good ;Fair. Fair ;Good ;Fair. Fair ;Good Fair. Fair ;Good Fair. Good ;Very poor Fair. Very poor Very poor Very poor Very poor Very poor Very poor Very poor Very poor Very poor Very poor Fair Good Fair Good Poor Good Fair Fair Fair Good Very poor Good Very poor Good Very poor Good Poor Fair Very poor Fair Very poor Good Very poor Good ;Very poor Fair. ;Very poor Fair. Very poor:Fair. Very poor Very poor Very poor Very poor Very poor Very Very Fair. Fair. Fair. Fair. Fair. poor Fair. poor:Fair. Very poor:Fair. Very poor Fair. Very poor Fair. Poor Poor. Very poor Poor. Very poor Fair. Very poor Fair. 124 (The symbol < means Soil name and map symbol 1, 2 Altvan, 3•: Aquolls Aquents 4•: Aquolls Aquepts 5, 6, 7 Ascalon 8, 9 Ascalon 10 Bankard 11, 12 Dresser 13 Cascajo SOIL SURVEY TABLE 12. --ENGINEERING PROPERTIES less than; > means greater than. Depth: In 0-10 10-25 25-60 0-48 .48-60 I 0-48 ;48-60 ; 0-60 ; 0-60 0-8 : 8-18 :18-60 1 0-8 : 8-18 118-60 : 0-4 : 4-60 0-16 :16-25 :25-30 130-60 0-9 9-31 31-60 Variable Sand, gravelly sand. Classic USDA texture Unified Loam :CL -ML Clay loam, loam :CL Sand and gravel :SP, SP-SM • :SP, SP-SM Variable Sand and gravel Variable Variable Sandy loam Sandy clay loam Sandy loam, sandy clay loam, fine sandy loam. Loam Sandy clay loam Sandy loam, sandy clay loam, fine sandy loam. Sandy loam Fine sand, sand, gravelly sand. Sandy loam Sandy clay loam Sandy loam, coarse sandy loam, gravelly sandy loam. -oamy coarse sand, gravelly loamy sand, very gravelly loamy sand. Gravelly sandy loam. Very gravelly sandy loam, very gravelly loamy sand, very gravelly sand. Very gravelly loamy sand, very gravelly sand, gravelly sand. See footnote at end of table. SP, SP-SM AND CLASSIFICATIONS Absence of an entry means data were not estimated) cation AASNTO A-4 A-6, A-7 A-1 A-1 A-1 Frag- ments > 3 inches Pct 0 0 0 0-10 0-10 SM A-2, A-41 0 SC, CL A-6 ; 0 SC, A-4, A_6: 0 SM-SC, , CL, : CL -ML SM A-2, A-4 0 SC, CL A-6 0 SC, A-4, A-6 0 SM-SC, CL, CL -ML SM SP-SM, SM SM SC SC, SM-SC SP -SC GM GP -GM, GP, GM GP, SP, GP -GM, SP-SM A-2, A-4 A-2, A-3, A-1 A-1, A-2 A-2, A-6, A-7 A-2, A-1 A-2, A-1 A-1, A-2 A-1 A-1 0-5 0-15 0-15 Percentage passing sieve number -- 4 10 40 : 200 90-100 85-100 60-95 150-75 95-100 95-100 85-100:70-80 75-95 70-90 25-35 : 0-10 60-90 50-70 30-50 : 0-10 : 60-90 50-70 30-50 : 0-10 95-100 90-100 70-95 :25-50 95-100:90-100 80-100:40-55 95-100:95-100 75-95 :35-65 95-100:90-100:70-95 :25-50 95-100:90-100:80-100140-55 95-100195-100:75-95 :35-65 O 95-100:90-100:60-70 0-5 70-100160-100:40-70 1 O i95-100;75-100:35-50 0 ;95-100175-100:50-70 1 : O ;90-100 60-100 30-60 : : :80-100 35-85 20-50 50-65 15-50 0-15 :10-60 50-60 15-50 10-60 15-40 5-30 5-30 :30-40 : 5-25 20-35 30-50 20-30 5-10 10-35 0-20 0-10 Liquid Plas- limit : ticity index Pct 20-30 ; 5-10 35-50 ; 15-25 NP NP NP 15-25 : NP -5 20-40 : 10-20 20-40 : 5-15 15-25 : NP -5 20-40 : 10-20 20-40 : 5-15 • --- i NP NP 15-25 I NP -5 30-55 : 10-25 25-35 1 5-15 20-30 1 5-10 NP NP NP WELD COUNTY, COLORADO, SOUTHERN PART 129 TABLE 13. --PHYSICAL AND CHEMICAL PROPERTIES OF SOILS (The symbol < means less than; ) means greater then. The erosion tolerance factor (T) is for the entire profile. Absence of an entry means data were not available or were not estimated) Soil name and map symbol 1, 2 Altvan 3': Aquolls Aquents 4': Aquolls Aquepts 5, 6, 7, 8, 9 Ascalon 10 Bankard 11, 12 Dresser 13 Cascajo 14, 15, 16, 17 Colby 18': Colby Adena 19, 20 Colombo 21, 22 Dacono 23, 24 Fort Collins 25, 26 Haverson 27, 28 Heldt Depth In 0-10 110-25 :25-60 0-48 148-60 : 0-48 :48-60 : 0-60 1 1 0-60 1 0-8 1 8-18 118-60 0-4 4-60 0-16 16-25 25-30 30-60 0-9 9-31 31-60 0-7 7-60 0-7 7-60 0-6 6-9 9-60 0-14 14-21 21-60 0-12 12-21 21-27 27-60 0-7 7-11 11-60 0-4 4-60 0-60 Permea- bility In/hr 0.6-2.0 0.6-2.0 >20 >20 >20 0.6-6.0 0.6-2.0 0.6-6.0 2.0-6.0 6.0-20 0.6-6.0 0.6-2.0 0.6-6.0 2.0-20 2.0-6.0 6.0-20 6.0-20 0.6-2.0 0.6-2.0 0.6-2.0 0.6-2.0 0.6-2.0 0.06-0.2 0.6-2.0 0.6-2.0 0.6-2.0 0.6-2.0 0.2-0.6 0.2-0.6 0.2-2.0 >20 0.6-2.0 0.6-2.0 0.6-2.0 0.6-2.0 0.6-2.0 0.06-0.6 See footnote at end of table. Available: Soil water ;reaction capacity : In/in , eH 0.20-0.24; 6.6-7.8 0.15-0.17: 7.4-8.4 0.02-0.041 7.4-9.0 0.04-0.06: 7.4-8.4 0.04-0.061 7.4-8.4 0.11-0.16: 0.13-0.151 0.11-0.151 6.6-7.8 6.6-7.8 7.9-8.4 0.09-0.12: 7.4-8.4 0.05-0.08 0.11-0.13 0.15-0.18 0.10-0.13 0.05-0.08 0.07-0.09 0.05-0.08 0.05-0.06 0.20-0.24 0.17-0.22 0.20-0.24 0.17-0.22 0.18-0.21 0.16-0.18 0.16-0.18 0.14-0.18 0.14-0.16 0.14-0.16 0.19-0.21 0.15-0.21 0.13-0.18 0.03-0.05 0.16-0.20 0.16-0.18 0.16-0.18 0.14-0.18 0.14-0.18 0.12-0.17 7.4-8.4 6.1-7.3 6.6-7.3 6.6-7.3 6.6-7.3 7.4-8.4 7.4-8.4 7.4-8.4 6.6-8.4 7.4-8.4 6.6-8.4 7.4-8.4 6.6-7.8 6.6-7.8 7.4-8.4 7.4-8.4 7.4-8.4 7.4-8.4 6.6-7.8 7.4-8.4 7.4-8.4 7.4-8.4 6.6-7.8 7.4-7.8 7.4-8.4 6.6-8.4 7.4-8.4 7.9-9.0 Salinity Mmho s/cm <2 <2 2-16 2-16 <2 <2 <2 <2 <2 <2 <2 <2 <2 <2 <2 <2 <2 <2 <2 <2 <2 <2 <2 <2 <2 <2 <2 <2 <2 <8 <8 <8 Shrink - swell potential Low Moderate Low Risk of corrosion Erosion Wind factors erodi- Uncoated Concrete '- bility steel K T Tirade -r Moderate Moderate Moderate Low Low Low Low Low Low Moderate Low Low Low Low Low Low Low Low Low Low Low Low Low Low Low High Low Low Moderate Low Moderate High Moderate Low Low Moderate Low Low Low High High High Low Moderate Moderate Moderate Moderate Low Moderate Low Low Moderate Moderate Moderate Moderate Moderate Moderate Moderate Moderate High High High High High Moderate High High High Moderate Moderate High High High High Moderate 0.24 0.28 0.10 Moderate Low Low Low Low Low Low Low Low Low Low Low Low Low Low Low Low Low Low Low Low Low Low Low Low Low Low Low Low Low Low Low High 0.17 0.24 0.24 0.10 0.10 0.10 0.15 0.10 0.10 0.10 0.10 0.10 0.37 0.37 0.37 0.37 0.37 0.24 0.32 0.32 0.28 0.28 0.24 0.24 0.15 0.10 0.20 0.20 0.20 0.28 0.28 0.28 3 5 5 5 5 5 5 5 5 3 5 5 5 5 3 8 4L 4L 5 5 5 6 4L 4 . RT?E6'y'41B 4. EXHIBIT 0 B 1309 CC 02261418 08/30/91 09:'. $0.00 1/006 F 1204 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO WARRANTY DEED THIS DEED, Made this 2 9th day of August ,19 91, between Siegrist Construction CO. , a Colorado Corporation a corporation duly organized and existing under and by virtue of the laws of the State of Colorado , grantor, and Weld County, a body corporate and politic of the State of Colorado whose legal address is 915 10th Street Greeley, CO 80631 of the *County of Weld , State of Colorado, grantee: WITNESSETH, That the grantor, for and in consideration of the sum of Six -Hundred Seventy -Nine Thousand, Eight -Hundred Thirty -Six y ($679,836.00) DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Weld State of Colorado, described as follows: All of the real property and any improvements thereon as described in the attached "Exhibit A." also known by street and number as: N/A TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for itself, and its successors, does covenant, grant, bargain and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, it is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except The items listed in the attached "Exhibit B". The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS AH,FKIjOFF, The grantor has caused its corporate name to be hereunto subscribed by its corporate President, and�its corporates' e.44. to be hereunto affixed, attested by its corporate Secretary, the day and year first above wr jfte&. Attest: y/� tx . STATE OF COLORADO County of Boulder The foregoing instrument was acknowledged before me this Eby Robert L. Siegrist and K61TN A. of Siegrist My commission expir Witness my hand an *If in Denver, insert' No. 40B. Rev. 5-84. WARRANTY Siegrist Constru ggq��ccc aCobra .C� rt ie ss. 29th dayof August as as a Colorado Bradford Publishing. 5825 W. 6th Ave.. Lakewood, CO 20214 —(T312334900' I9 9 1 President Secretary 8 corporation.. B 1309 REC 02261418 08/30/91 09:00 $0.00 2/006 F 1205 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT A LEGAL DESCRIPTION A tract of land located in the NW1/4 of Section 2, Township 2 North, Range 68 west of the 6th P.M., and in the SWl/4 of Section 35, Township 3 North, Range 68 West of the 6th P.M., County of Weld, State of colorado, being more particularly described as follows: Beginning at the center of said Section 2 and considering the South line of the NW1/4 of Section 2 to bear North 89 degrees 47 minutes 45 seconds West with all other bearings relative thereto; thence North 89 degrees 47 minutes 45 seconds West, 799.34 feet; thence North 01 degree 03 minutes 46 seconds East, 330.32 feet; thence South 89 degrees 43 minutes 25 seconds West, 240.00 feet; thence South 00 degrees 58 minutes 06 seconds East, 328.34 feet; thence North 89 degrees 47 minutes 45 seconds West, 1540.02 feet along the South line of the NW1/4 of Section 2 to the East right of way line of Interstate Highway 25, said point being 50 feet East of the West Quarter corner of Section 2; thence North 00 degrees 17 minutes 36 seconds East, 2567.46 feet along said East right of way to a point on the North line of the NW1/4 of Section 2, said point being 50.01 feet East of the Northwest corner of Section 2, and common with the Southwest corner of Section 35, Township 3 North, Range 68 West; thence North 00 degrees 46 minutes 36 seconds West, 51.30 feet along the East right of way of Interstate 25 to the approximate centerline of St. Vrain Creek as indicated by the midpoint of the Frontage Road bridge; thence North 77 degrees 53 minutes 36 seconds East, 2642.52 feet along said approximate creek centerline to a point on the East line of the SW1/4 of said Section 35; thence South 00 degrees 31 minutes 47 seconds East, 577.61 feet along said East line to the South Quarter corner of Section 35; thence South 00 degrees 44 minutes 42 seconds West, 2604.70 feet along the East line of the NW1/4 of said Section 2 to the Point of Beginning. exsiegri.rmm 911054 B 1309 REC 02261418 00/30/91 09:00 $0.00 3/006 F 1206 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, Co EXHIBIT B EXCEPTIONS 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date of the title insurance policy but prior to the date the grantee acquires the property of record for value. 6. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district. 7. Rights of way for county roads 30 feet wide on each aide of section and township lines as established by Order of the Board of County Commissioners for Weld County, recorded October 14, 1889, in Book 86 at Page 273. 8. Right of way for constructing and maintaining an irrigation ditch of Last Chance Ditch Company, as granted to O. A. Fleming, Thomas Burbridge, Cutler Porter, J.B. Dudley, Charles W. Burbridge, Henry Wright, T. A. McKissick and Wm. McKissick in Right of Way Deed recorded May 29, 1886, in Book 63 at Page 8, in which the specific location of said right of way is not defined. (Affects NW1/4, Section 2). 9. All coal that may be underneath the surface of said land and right of way across same for working said land and right of way across same, as reserved by The Union Pacific Railway Company in Deed recorded October 8, 1891, in Book 196 at Page 45, and any interests therein or rights thereunder. (Affects NW1/4 and W1/2 8W1/4 of Election 35). B 1309 REC 02261418 08/30/91 09:00 $0.00 4/006 F 1207 MARY ANN FECERSTEIN CLERK & RECORDER WELD CO, CO 10. Farmers No. 3 Reservoir, and any and all rights of way therefor, as evidenced by Map filed June 1, 1910, as Filing No. 156140, insofar as the same may affect subject property. 11. Sanborn Ditches, and any and all rights of way therefor, as evidenced by Map filed August 2, 1922, as Filing No. 387002, insofar as the same may affect subject property. (Affects Section 35). i2. Reservation of right of way for any ditches or canals constructed by authority of the United States, in U.S. Patent recorded December 6, 1916, in Book 461 at Page 26. (Affects SW1/4 SW1/4 of Section 35). 13. Easement and right of way to lay, maintain, inspect, operate, replace, change or remove a pipeline or the transportation of oil, gas or other products thereof, as granted to Wyco Pipe Line Company in Right of Way Conveyance recorded March 13, 1947, in Book 1199 at Page 425, in which the specific location of said easement is not defined. (Affects W1/2 of Section 35). 14. Easement and right of way to lay, maintain, inspect, operate, replace, change or remove a pipe line for the transportation of oil, gas and the products thereof, as granted to Wyco Pipe Line Company in right of Way Conveyance recorded May 1, 1947, in Book 1202 at Page 593, in which the specific location of said easement is not defined. (Affects NW1/4 of Section 2). 15. Right of way to install and maintain a waste ditch, as granted to The Last Chance Ditch Company in Agreement recorded December 4, 1947, in Book 1216 at Page 171, in which the specific location of said right of way is not defined. (Affects NW1/4 of Section 2). 16. Easement and right of way for the maintenance of a ditch, as granted to The Rural Ditch Company in Agreement recorded June 9, 1967, in Book 582 as Reception No. 1504446, in which the specific location of said easement is not defined. 17. Oil and gas lease between Carl H. Adler and T. S. Pace dated April 29, 1970, recorded May 21, 1970, in Book 626 as Reception No. 1547776, and any interests therein or rights thereunder. 18. All oil and gas rights appurtenant thereto, together with the right of ingress and egress to prospect for, drill and mine the same as reserved by Mary Adler as Personal Representative of the Estate of Carl H. Adler in the Deed to Robert L. Siegrist recorded January 21, 1982, in Book 959 as Reception D 1309 REC 0226141, 08/30/91 09:00 $0.00 5/006 F 1208 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO No. 1880637, and any interests therein or rights thereunder. (Affects property as described in said Deed). 19. Right of way for a public highway as granted to Weld County by The Colorado Investment and Realty Company by Right of Way Deed recorded March 31, 1938, in Book 1024 at Page 115, affecting the following described property: A piece or parcel of land various widths, and lying parallel to the West Section line of Section 2, and contained within the boundaries of the NW1/4 of Section 2, Township 2 North, Range 68 West of the 6th P.M., and more particularly described as follows: Commencing at a point which is the Northwest corner of Section 2, Township 2 North, Range 68 West of the 6th P.M., at center line Section 1402+31.8 on new proposed Road #185, which is the Point of Beginning. Thence Easterly along the North Section property fence line of said Section 2 for a distance of 50 feet; thence on a bearing South 0 degrees 26 minutes West along new proposed right of way line for a distance of some 2,716 feet, more or less, to the intersection of South property line or (North ROW fence line of County side road); thence westerly Along said South property line for a distance of 20 feet, mot., or less, to the intersection of present ROW fence line on old road; thence Northerly along old ROW fence line of present road for a distance of 634 feet, more or less; thence Easterly for 20 feet, more or less, thence along new ROW line bearing North 0 degree 26 minutes East for a distance of 200 feet; thence Westerly for 50 feet; thence along West Section line whose bearing is North 0 degree 26 minutes East for a distance of 600 -feet, more or less; thence Easterly for 50 feet; thence North 0 degrees 26 minutes East along a new ROW line for a distance of 125 feet, more or less; thence Westerly for 50 feet, more or less; thence along said West Section line on a bearing North 0 degrees 26 minutes East for a distance of 225 feet; more or leas; thence Easterly for 50 feet; thence North 0 degrees 26 minutes East along new ROW line f' -r a distance of 100 feet more or less; thence Westerly 50 feet; thence along said West Section line on a bearing North 0 degrees 20 minutes East for a distance of 832 feet, more or less to the Northwest corner of Section 2, or the point of beginning. 20. All oil and gas rights, together with the right of ingrees and egress to prospect for, drill and mine the same, as conveyed to Floyd Adler, Arthur V. Adler, Lawrence C. Adler, Orville Adler, Lily Wooden, Dale Adler, Shirley Anderson, Eva Jane Kong, Mary McCain, Jerald Adler and Carolyn Roe, by Mary Adler, as Personal Representative of the Estate of Carl H. Adler, deceased, by Deed recorded December 27, 1983, in Book B 1309 REC 02261418 08/30/91 09:00 $0.00 6/006 F 1209 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO 1016 as Reception No. 1951081, and any interests therein or rights thereunder. (Affects property described in said deed). 21. All oil and gas rights appurtenant thereto, together with the right of ingress and egress to prospect for, drill and mine, as reserved by Mary Adler, Floyd Adler, Arthur V. Adler, Lawrence C. Adler, Orville Adler, Lily Wooden, Dale Adler, Shirley Anderson, Eva Jane Kong, Mary McClain, Jerald Adler, and Carolyn Roe, in the Deed to St. Vrain Land Company, a general partnership recorded August 30, 1984, in Book 1041 as Reception No. 1979661, and any interests thereunder or rights thereunder. (Affects property described in said Deed). 22. Terms, agreements, provisions, conditions, obligations and Easements as contained in Special Use Permits recorded May 27, 1982, in Book 969 as Reception No. 1893052 and recorded October 19, 1984, in Book 1046 as Reception No. 1985564. 23. Easement and right of way to lay, maintain and operate a natural gas pipeline, as granted to Rocky Mountain Natural Gas Company, Inc., by St. Vrain Land Company, recorded April 22, 1986, in Book 1110 as Reception No. 02050718, affecting the following described property: A 10' wide by approximately 900' long right-of-way and easement beginning at the centerline of Weld County Rd. 24.5, thence 900' North paralleling and adjoining the West property line along the I-25 frontage road. All of said land is in Section 2, Township 2 North, Range 68 West of the 6th P.M. 24 St. Vrain Creek and any and all rights of way therefore as shown on survey by Nelson Engineers dated August, 1991, as Project No. 115. exsiegri.rmm - ream, i - &KE5i"7ZR -W ES Pita A/1-30-(Lic GENERAL INSTRUCTIONS FOR FUGITIVE PARTICULATE AIR POLLUTANT EMISSION NOTICE / CONTROL PLAN An Air Pollution Emission Notice and Fugitive Particulate Control Plan must be submitted with an application for an Emission Permit. Completion of this form will meet these requirements. Complete only those sections of this form which are applicable to your operation. All data given, such as production rates, topsoil removal, etc. should be for that period of 12 months that is expected to have the greatest amount of activity, usually the first year. Emissions will be calculated in terms of pounds per day and tons per year of particulates generated. Also, please submit the following, if available: 1. A map showing site location, haul roads, and nearby residences or commercial structures. 2. Production schedule. 3. Schematic of the operation. 4. Engineering or manufacturing data on contra equipment. PERMITS REQUIRED Fugitive Particulate Emission Permits are issued for site -specific activities, such as mining, storage of materials, haul road activities, etc. Any processing equipment, such as a crusher, screen deck, or asphalt plant is considered to be portable and requires a separate permit application, Air Pollution Emission Notice, and filing fee. This aids the applicant by requiring only a revised Air Pollution Emission Notice for relocation, whenever the equipment is moved to a new site. FEES A filing fee of $64-61 shall accompany each Air Pollution Emission Notice / Control Plan filed with a permit application. Permit processing will be charged for the amount of time the Division spends evaluating the permit application. These fees, plus any required public notice fees, must be paid before an Initial Approval Permit will be issued. Once the project has commenced operation, an inspection will be conducted by the Division. If all permit conditions are met, a Final Approval Permit will be recommended. Final Approval Permit processing fees must be paid before the Final Approval Permit is issued. PERMIT NO: AIR POLLUTION EMISSION NOTICE (APFN) AND CONTROL PLAN FOR FUGITIVE PARTICULATE EWSSIONS Name of Finn (Jell(.nuvt!11 Rlnari�d-P)Nrtr1�vr. %Iit1svt3 D;U15I(On Mail Address (,n El.} 07( 76-14 l7yee_1ey Co, Zip Code $Q63a. Contact Person /yeY1 n p.+A vr.cLa Aer ( Phone Number (30 ' 135! --Yo50 tz.37,`,a Project /MRtion Welt) CoN��y 0 a`l% +934County Weld (.7141coordinates (if )mown) _t _ _• _ , — _ — — Description of Activity U'Cu kt"Al. 61YaVeel .Vo. of E5nployees 9 Property Area /8 a Acres Seasonal Throughput (% of Annual): Dec -Feb al S % Mar -May AS % Jun -Aug ,45 % Sep -Nov a S % Est. Starting Date 19 9 8 Est. Date of Completion a o olj Work Schedule: 9 hours/day, 5 days/week, Est. Annual Production c ), pan tons/yr(circle one) weeks/year r� 1, Other Signature of Person Authorized to Supply ( e Data I�j ,�1c_Q.a-r-- If 7 td or Printed Name and Title evtvt&TL S ScLene+t'c /livt\vta Supers so`r Date Company Name kirlA Catedy RenA d.Rr;cleTelephone No. (303) R5/ -MOO F xi % .'37.cO ;failing Address en pax -2SP £res ) (In ROI.302 ,4 site diagram should also be submitted showing the general configuration of operation, and location of site. (FOR OFFICE USE ONLY) (Pot APCD Ilse; (V ID O('0. flint 1D Due oP Me<otd UTII I Tn Coorvl Ware% Ibr I zOnrol Vol( u..l AC CO4v II. OVERBURDEN A. RIVAL: Cubic Yards Removed Per Year i2 { n o n Cubic Yards Days Per Year Required for Removal I $ Days Equipment Used for Removal N; SPeed PaA A i e 4r r n.s fa,r C , � 3 YCI So.raq e tS Proposed Controls for Overburden Removal: (check appropriate boxes) Moist Material Water Spray Other (specify) No Control B. OVERBURDEN STOCKPILE: Maximum Stored at One Time Q.0)(300 Cubic Yards Length of Time Pile Remains Undisturbed a y r s Proposed Controls for Overburden Stockpile: (check appropriate boxes) L/ Watering Times/Day, or Continuous Sprinkler (to maintain moist surface) L/ Chemical Stabilizer (Type ) L/ Compacting of Piles, Method 111 Sperel.Src'apprs d9 ye. Srraierr ('ow.rQc, p; leS Vety u L/ Enclosures: Complete, or Partial (check one) L/ Revegetation, (Length of Time Till Revegetation astray, ayrs) Sonic hatu-'r° seed'o Ma L/ Other (specify) petal& L/ No Control page 3 1 B. WADING IN TO RAW MATERIAL STOCKPILE: Method of loading in if��(Truck Bottom Dump, Front -End Loader, etc.) Ni Speert 1 .,LtkQ SC`tapeC . c3'Vci. Seea j)PCS Loading Schedule: ii00 tons/hr., Q hrs./day, 13L days/year. Proposed Controls for loading to Stockpile : Controls Include: Water Spray, Chemical Suppressants, full enclosure, partial enclosure, Other (specify), No Control C. RAW MATERIAL STOCKPILE: OTFID2 (MATERIAL) : ROCK COAL Je I Maximum Tons Stored At Any One Time I_O �r4' s Length of Time Pile Remains Undisturbed yr. Proposed Control: (check appropriate boxes) L/ Watering times/day, or Continuous Sprinkler (to maintain moist surface) L/ Chemical Stabilizer (Type L/ Enclosures: Complete, or Partial (check one) L/ Other (specify) L/ No Control Method of Loading out D. WADING OUT FRAM RAW MATERIAL STOCKPILE: (Front -End Loader, Conveyor, etc.) Frov,. -Fv,d 1onnrIpr Loading Schedule: r400 tons/hr., 7 hrs./day, /65" days/Year. Proposed Controls Controls Include: Water Spray, Chemical Suppressants, Other (specify)., No control page 5 VEHICLE HAUL ROARS CONTROL MEASURES FOR VEHICLE HAUL DADS: (do not write in this section) 1. Watering (specify) of times/day to maintain moist surface 2. Chemical Stabilization (according to manufacturer's specifications) Specify: a. Frequency of application and b. Type of Stabilizer (Brand Name, or Composition) 3. Paving to be completed by (date). 4. Gravel 5. No Control (List Haul Road Controls in the appropriate spaces below) A. TRANSPORT OF RAW MATERIAL FROMREMOVAL SITE 70 STOCKPILE: Distance (one way) If Stockpile is Off Site, Give Distance From Removal Site to Mine Entrance Haul Vehicle Capacity No. of Wheels Average Vehicle Speed M.P.X. (cannot exceed 30 m.p.h) No. of Trips Per Day Haul Road Silt Content (if known) List Controls For Raw Materials Transport: (See Control Measures Above) Proposed Controls: page 9 .FI. SITE DISTURBANCE ,/ Estimated Total Disturbed Acreage Subject to Wind Erosion /VO n C. Acres Proposed Controls: (check appropriate boxes) L/ Restrict Traffic to Established Roads Where Practicable L/ Minimize Area of Disturbance (explain) L/ Revegetation With: Time till Revegetation L/ Mulch L/ Watering Times/Day, or Continuous Sprinkler (to maintain moist surface) L/ Chemical Stabilizers L/ Other (specify) L/ No Control Comments: Mail completed form and $40.00 filing fee to: (AFC-NM/dp-1 5/20/87) Colorado Department of Health Air Fbllution Control Division 4210 East 11th Avenue Denver, Colorado 80220 (303) 331-8576 EXHIBIT P AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property NW -1/4, Sec. 2, T2N, R68W, and SW -1/4, Sec. 35, T3N, R68W, 6th P.M., Weld County, Colorado SATE OF COLORADO 1 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 500 feet of the property which is the subject of the application. This list was compiled from the records of the Weld County Assessor, an ownership update from a title or abstract company, 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 30 days of the application submission date. NELSON GINEERS By: Arthur F. Uhrich, Pr The foregoing instrument was subscribed and sworn to before me this 10th day of August 19 92 , by Arthur F. Uhrich, Project Manager for Nelson Engineers WITNESS my hand and official seal. My Commission expires: April 13, 1993 St. Vrain Land Co. Construction Leasing Investment Co. Slovek, Gary W. Slovek, Michael S. Weld County NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME First National Bank of ,Longmont - Trustee Anderson, Edwin ADDRESS, TOWN/CITY, STATE AND ZIP CODE 3528 Weld County Rd. 28 Longmont, CO 80504 3iegFist Construction Co b999 York Street Denver, CO 80229 7000 York Street Denver CO 80229 4777 Weld County Rd. 24 3/4 Longmont, CO 80503 915 10th Street Greeley CO 80631 —gieiiist Construction Co b999 York Street St. Vrain Land Co. Denver, CO 80229 ASSESSOR'S PARCEL IDENTIFICATION # 1207 34 000 026 St. Vrain Land Co b999 York Street Denver, CO 80229 New Creations Ministries 737 Bross and World Outreach Church Longmont, CO 80501 St. C3'd'in Lana co 0999 York Street Denver, CO 80229 1207 35 000 044 1207 35 000 049 1313 02 000 055 1313 02 000 056 1313 02 000 042 1313 02 000 043 1313 02 000 053 1313 02 000 004 The Radermacher Family Partnership Colorado State Dept. of Fish & Game Colorado State Dept. of Fish & Game Colorado State Dept. of Fish & Game 3525 Highway 119 Longmont, CO 80504 6060 Broadway Denver, CO 80216 6060 Broadway Denver, CO 80216 6060 -Broadway Denver, CO 80216 3528 Weld County Rd. 28 Longmont. CO $0501 1313 09 nnn n&R 1313 03 000 046 1313 02 000 038 1313 03 000 039 1313 03 000 047 Anderson, Edwin and Louise EXHIBIT P AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property NW -2/4, Sec. 2, T2N, R68W, and SW -1/4, Sec. 35, T3N, R68W, 6th P.M., Weld County, Colorado STATE OF COLORADO ) Sn. 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 minerals on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, from an ownership update from a title or abstract company, or an attorney. NELSON ENGINEERS Arthur F. :`rich, Projec The foregoing instrument was subscribed and sworn to before me this 10th day of August Manager for Nelson Engineers 19 92 , By Arthur F. Uhrich, Project WITNESS my hand and official seal. My Commission expires: April 13, 1993 NAMES OF MINERAL OWNERS 1. Coal - Union Pacific Railroad W-1/2, SW -1/4, Section 35, T3N, R68W, Weld County, Colorado 2. Oil and Gas Lease - Carl H. Adler estate, personal representative, Mary Adler, as conveyed to Floyd, Arthur V., Lawrence C., Orville, Dale and Jerald Adler and Lily Wooden, Shirley Anderson, Eva Jane Kong, Mary McCain and Carolyn Roe. 3. Sand and Gravel - Weld County, Colorado EXHIBIT Q Municipalities Within Two Miles —J J_ L —J Sc WELD COUNTY INCORPORATED MUNICIPALITIES --JUNE 1992 TOWN HALL ADDRESS/PHONE/HOURS Town of Firestone 150 Buchanan Avenue P. 0. Box 100 Firestone, CO 80520 Phone: 833-3291 Fax: 833-8615 H -F 9:00 a.m. - 5:00 p.m. City of Yt. Lupton 130 South McKinley Avenue F. 0. Box 148 Ft. Lupton, CO 80621 Phone: 857-6694 Fax: 857-0351 H -F 8:00 a.m. - 5:00 p.m. Town of Frederick 333 5th Street P. 0. Box 435 Frederick, CO 80530 Phone: 833-2388 Fax: 833-2516 H -F 9100 a.m. - 4:30 p.m. Town of Garden City 621 27th Street Road Garden City, CO 80631-8466 Phone: 351-0041 H -F 8,00 a.m. - 11:30 a.m. Town of Gilcrest y88 8th Street P. 0. Box 128 Gilcrest, CO 80623 Phone: 737-2426 Tax: 737-2427 H -F 8:00 a.m. - 5:00 p.m. OFFICIALS TERM EXPIRES Trudy Peterson, Clerk Rick Patterson, Mayor Mike Daggs, Pro Tem Al Spindsn, Council Sandy Fryar, Council Mark D'Agoetino, Council Lyualls Meis, Council Butch Walls, Council Police Chief Steve Modrell Barbara Rodgers, Clerk Eugene Reynolds, Mayor Ellen Baker, Pro Tam Charles Callaway, Council Karen Withrow, Council. Salvador Ramirez, Council David Ryan, Council Michael Caddis, Council Administrator David Yamada Police Chief George Ward Attorney Leonard McCain Jacqueline Barnett, Clerk Edward Tagliente, Mayor Carman DeSantis, Pro Tam Andre Ciaravola, Council Pamela Dunlap, Council Allen Conway, Council Dan Williams, Council William Schroeder, Council Administrator John McGinn Police Chief Joseph Hurtado, Jr. Attorney Richard Samson Janice Walter, Clark Mary Miller, Mayor Mary Folkara, Pro Tem Debbie Archer, Council Vince Loftus, Council Eddie Miller, Council Marie Palwods, Council Tom Rasberry, Council Attorney Don Hoff Linda Smith, Clerk Rod Lesser, Mayor Mark Profitt, Pro Tem Janet Whitakar, Council Karyn Kauffman, Council Lori Chacon, Council John Bunter, Council Steve Backman, Council Attorney Charles Kuechenmeister 4-94 4-96 4-94 4-94 4-96 4-96 4-94 1-93 1-95 1-95 1-93 1-93 1-93 1-95 4-94 4-96 4-94 4-96 4-94 4-96 4-94 4-92 4-94 4-92 4-92 4-94 4-94 4-92 4-94 4-96 4-94 4-96 4-96 4-94 4-94 PAGE 2 COUNCIL 2nd L 4th Thursday 7:30 p.m. 2nd L 4th Wednesdays 7:00 p.m. WELD COUW TOWN HALT. City of G: 1000 10th Greeley, Phones 3! M -F 8:00 s Town of Gr 713 Chatog P. O. Box Craver, CO Phone: 89: Tue. 11:00 Iwn of Hu( 2nd L 4th Thursdays ; 557 Ash St: 7:30 p.m. ? t. 0. Box ' bison, CO lhone: 53( 8:00 a. 3rd Thursday 7:30 p.m. 2nd L 4th Monday 7:30 p.m. bwu of Job ID1 Chariot 1. 0. Box 5 phastown, hone: 587 FF 8:00 - Sven of Kee W S. Main 0. Box 3 enesburg, nes 712 F 8:00 - WELD COUNTY INCORPORATED MUNICIPALITIES --JUNE 1992 TOWN HALL/ADDRESS/PHONE/HOURS Town of Windsor 301 Walnut Street Windsor, CO 80550 Phones 686-7476 Fax: 686-7478 H -Y 8:00 a.m. to 5:00 p.m. OynIClAIS Jeanne N►zarenus, Clerk Thomas Jonas, Mayor 4/96 Robert Frank, Pro Tem 4/96 Cathy Best, Council 4/96 David Shoup, Council 4/96 Dennis Kane, Council 4/94 David Berens, Council 4/96 David Ruff, Council 4/94 :Administrator Dennis Wagner t. ,..1 vq 3/9.3 Police Chief John Michaels 3V\ Attorney John Frey Portions of the following cities have beset annexed into Weld County: City of Brighton 22 South 4th Avenue Brighton, CO 80601 Phone: 659-4050 Fax: 659-4844 H -Y 8:00 a.m. to 5:00 p.m. City of Broomfield 6 Garden Center P. 0. Box 1415 Broomfield, CO 80038-1415 Phone; 469-3301 Fax: 469-8554 H -F 8:00 a.m. - 5:00 p.m. — to MILES — City of Longmont 350 Kimbark Street Longmont, CO 80501 Phone: 776-6050 -Fax: 651-8590 H -Y 8:00 a.m. - 5:00 p.m. Marianne Thomas, Clerk Donald Bametra, Mayor Frank Howell, Pro Tam Floyd Reneger, Council Dick Reininger, Council James Kiefer, Council. Susan 1leve, Council Terry Lucero, Council Ken Mitchell, Council Larry Trudall, Council Police Chief Robert Galloway Attorney Leonard McCain Vicki. Marcy, Clerk Robert Schulze, Mayor Henry Stovall, Pro Tem Jay Armstrong, Council David Jamas, Council Lawrence Cooper, Council Alan Castle, Council Norman Smith, Council Robert Sakaguchi, Council William Berens, Council Linda Fahrembruch, Council Ralph Johnson, Council Manager George DiCiero Police Chief Tom Deland Attorney Roy Howard Valeria Skitt, Clerk Frederick Wilson, Mayor Tom McCoy, Pro Tem John Caldwell, Council Larry Burkhardt, Council Dan Benavidez, Council Eric Doering, Council Manager Geoff Dolan Police Chief Larry Hester Attorney clay Douglas 1/94 1/96 1/94 1/96 1/94 1/94 1/96 1/96 1/94 PAGE 6 WELD 0 TERM EXPIRES COUNCIL MEETING TOWN e 2nd and 4th Mondays City o: 7;00 p.m. 11701 Northg] Phones N -F 8:C 1st 4 3rd Tuesdays City of 7:30 p.m. 9500 Ci Thornton Phone: M -F 8:00 2nd 4 4th Tuesdays 11/93 7:30 p.m. 11/93 11/95 11/93 11/95 11/93 11/95 11/95 11/93 11/95 11/93 11/93 11/93 11/93 11/95 11/93 11/95 fist prep 2nd 4 4th Tuesday} 7,00 p.m. Is ,1 EXHIBIT K Proof of Mailing of Notices to County Commissioners and Soil Conservation District ©Co I.�Y NELSON ENGINEERS h'Et l i'dcll JAN 1 4 1993 822 7TH STREET GREELEY, COLORADO 80631 (303) 356-6362 t o`y 0` • CoNSC`°"�e0�� Spot ON ROA 0� July 23, 1992 �1,G�0995��ti� G Soil Conservation Service 9595 Nelson Road, Box D Longmont, Colorado 80501 Dear Madam or Sir: Nelson Engineers is preparing a Regular Permit Application, Act 34-32-112, to be submitted to the Mined Land Reclamation Board for Board of County Commissioners of Weld County. In accor- dance with the application requirements a reclamation plan must be submitted with the following inclusions: 1. any soils information regarding the site; 2. seeding for revegetation specifying type of grass, mix- ture, seed rate, and optimum time of seeding; 3. fertilization specifying whether or not fertilizer would be appropriate, and if so, specify type, mixture quantity and time of application; 4. recommended species of trees and shrubs, quantity and sizes; 5. final grading specifying maximum anticipated slope gradient or expected range; 6. water resources specifying whether or not the site is in a dry or wet alluvial area and whether the site is subject to a groundwater condition in the depths that are reason- able for excavation. Please provide our company with answers to the six items listed. Enclosed are two plan sheets, one showing the vicinity of the area. Your earliest response is appreciated. If you have questions, please contact our office. Respectfully, NELSON ENGINEERS Aiz Arthur F. Uhrich Project Manager AFU/gc Enclosures EXHIBIT S Proof of Filing with County Clerk and Recorder (Clerk to the Board) SECTION (write number): QUARTER SECTION (check one): QUARTER/QUARTER SECTION (check GENERAL DESCRIPTION: (miles and direction from nearest town and approximate elevation) REGULAR OPERATION (112) RECLAMATION PERMIT APPLICATION FORM CHECK ONE: _ New Application (Rule 2) % Amendment`'Rpp�liica't1ioon A$ule 1.8) Conversion Application (Rule 1.10) CLEfu� TO TI' The. application for a Regular Operation Reclamation Permit contains three major parts: (1) the application form; (2) Exhibits A -S; and, (3) the application fee. When you submit your application, be sure to include one (1) signed original and four (4) signed copies of the application form, five (5) copies of Exhibits A —S, and a check for the application fee described under Section (14) on Page 3. To expedite processing, please provide the information in the format and order described in this form. SCE=C=a===========E_====_=_====_=====a===a===----aa =______________ GENERAL OPERATION INFORMATION Type or print clearly, in the space provided, all information described below. -----=E=E_====_E___-----_--------E_===------------- 1. Applicant/operator name: Weld County, Colorado 1.1 Type of organization (corporation, partnership, etc.): Operation name (pit, mine or site name): Eokestra—West 2.1 I.R.S. Tax ID No. or Social Security No.: government 84-6000 813 3. Permitted Acres: 170 Please indicate acreage to the nearest tenth (10th) acre. Permitted acres 3.1 Application fee (see Section 14): $1550.00 Application fee 4. Substance(s) to be mined (e.g., gravel/gold/borrow): 5. Name of owner of surface of affected land: gravel Weld County 6. Name of owner of subsurface rights of affected land: Weld County If 2 or more owners, refer to Exhibit P. 7. Type of mining operation: x Surface _ Underground 8. Location Information: the center of the area where the majority of mining will occur lies in: COUNTY: WELD PRINCIPAL MERIDIAN (check one): X 6th (Colorado) _ 10th (New Mexico) Ute TOWNSHIP (write number and check direction): T 2 & 3 X North South RANGE (write number and check direction): R 68 — East X West S 2&35 NE x NW SE SW one): __ NE __NW __SE X SW seven miles east of Longmont, Colorado 4830 Hello