HomeMy WebLinkAbout990418.tiff Feb 20 99 06: 07p Division of Wildlife 1 -970-352-2143 p. 1
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Larry Road,District Wildlife Manger
Colorado Division of Wildlife Far rfe-
For People
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Feb 20 99 06: 07p Division of Wildlife 1 -970-352-2143 p , 2
STATE OF COLORADO
Di11 Owens,Governor
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WILDLIFE d ��
John Mumma,6060 Broadway February 20.1999 a
Denver,Colorado 80276 «''
Telephone:(303)297-1192
Lary Rogatad,District Wildlife Manager For:et-
152a 28w Avenue Court For
Greeley Colorado 80631
Telephone(970)352-2143
Shari Eastin, Planner
Tuttle Applegate Inc.
11990 al.t Street, Suite 304
Denver, Colorado 80233 Re: Weld Use Permit 897(Camas)
Dear Shan,
This letter will serve as written follow up to our site inspection and several phone calls concerning
the Weld County Special Use Permit 897, for a gravel operation along the Poudre River east of Weld Road 27.
During our conversations you told me that your client? CAMAS, is attempting to commence the original mining
permit before it expires. A condition of that permit stipulates that the applicant and the Division of Wildlife must
complete an agreement to mitigate negative impacts on the warm water slough, wetlands and wildlife habitat found
on site. Furthermore the Divisor is supposed to review and prepare a recommendation for the Weld Board of
County Commissioners. Ultimately the plan must be approved by the County Commissioners. It is also
mentioned that the mitigation steps shall not diminish adjudicated water rights nor create need for additional water
(augmentation)due to net increase of wetlands or open water. In this letter I will outline the steps agreed to
between the Division of Wildlife and you, representing your client.
During construction and mining of the parcel, if necessary, the warm water slough ditch will be
temporarily moved and relocated to 'aralleI Weld Road 27(83 Avenue)at no less than 40 feet from the future
road right-of way. Plantings,incht•.„g cattail clumps trees shrubs and/or suitable mid grass species, will be
installed to provide a visual screen from road traffic and to stabilize the stream bank
During post-mining reclamation of the site, if possible, a permanent course for the warm water
slough will be located, at a greater distance(no less than 100 feet)from County Road 27. The ditch needs to be
removed far enough from road disturbance to provide a safe and non-stressful buffer to wildlife. It is also
important to separate the ditch from the road so that waterfowl and other wildlife will not create a road/safety
hazard for passing motorists. On request the Division will assist the developer in selecting a site for the
permanent placement of the ditch. The ditch should be shaped and contoured to provide a"natural"appearance.
Cattail clumps and other plantings should be used to revegetate the ditch course.
It would be best to de _. mining and reclamation plans for the site in a manner that would allow
relocation of the ditch a single time. pi ail likelihood this would save time and money, and would allow the system
to recover much faster.
While reviewing recently received information on Preble's Mouse, I thought of one other
consideration that must be addressed. The Pourdre River in Larimer and Weld County, including the stretch that
runs through the CAMAS parcel has been designated a Potential Mouse Protection Area,by the USFWS. I think
you told me a mouse yy has already been done on site. If not, the site needs to be surveyed using accepted
protocols prior to habitatdisturbance.
Please review this document to make certain that it accurately reflects what we have discussed I will
fax a copy to Monica Daniels-Mca for her to review on behalf of the County Commissioners. If there are any
questions, I should be available by phone the 21`-24'. As always,it has beat a pleasure working with you on this
project Our shared
goal ha
ol s been to provide for development while protecting invaluable natural resourrces.
Best
Larry Rogstad
Fax: Monica Daniels-Mica
Cc Dave Clarkson DOW, Mike Sherman DOW
DEPARTMENT OF NATURAL RESOURCES,Jim Lod,6eed,Execrative DaeQor
02/20/99 18: 13 TX/RX NO.4588 P.002
f� 6
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
' FAX (970) 352-6312
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE <
C
GREELEY, COLORADO 80631
COLORADO
February 18, 1999
Shani Eastin
TuttleApplegate
11990 Grant Street, Suite 304
Denver, CO 80233
RE: Site Specific Development Plan and Use by Special Review Permit for Gravel Mining and Concrete
and Asphalt Batch Plant; located in part of Section 32 and part of the W2 of Section 33, all in T6N,
R65W of the 6th P.M., Weld County, Colorado.
Dear Shani:
After reviewing the information you submitted to the Department of Planning Services, I find that several of
the standards for this permit have not been met. While it is apparent that you have been conducting a lot of
activity in order to meet these standards, the Conditions of Approval are very specific, and the mere act of
trying to obtain a permit does not satisfy the Conditions of Approval.
Most specifically, in 3b, the Weld County Health Department has approved a system of monitoring wells to
detect impacts on any nearby groundwater uses and residents. There is no indication that the Weld County
Health Department has actually approved this, it is clear from the information that you submitted that they are
in the process of working on this.
c. An emissions permit has been obtained from the Air Pollution Control Division, Colorado Department
of Health, for fugitive dust and source emissions. There is no indication that the permit has been
obtained, and by your own admission, the permit has only been submitted to the Health Department
Once the Health Department has signed off on this permit and approved of this condition, than at this
point the condition will be met.
d. A NPDES Permit has been obtained for the Water Quality control Division of the Colorado
iDepartment of Health. Once again, while you are in the process of submitting this information to the
•
State Department of Health, in order to meet this standard the State Department of Health has to
approve the permit that you submitted.
f. A 404 Permit has been issued by the Army Corps of Engineers. There is no documentation and
information submitted stipulating that the Army Corps of Engineer is not interested in submitting this
permit, even though you have asserted that the site has been designed not to disturbed wetlands.
We do need some indication from the Army Corps of Engineers, that they are not requiring a 404
Permit. You did not provide any information from the Army Corps of Engineer stipulating that they
were not interested in having the applicant pursue a 404 Permit.
5a. Prior to recording the Special Review Plat, an off-site Road Improvements and Maintenance
Agreement shall be approved by the Board of County Commissioners. You did not submit in the
packet a copy an approved Road Agreement from the Board of County Commissioners, merely you
submitted a copy of what was proposed.
c. An agreement protecting the drainage tile line in Phase 4 and/or the Elder Aquaculture Diversion
Structure shall be signed by Chris Elder and a representative from the C&M Company, and a copy
of this agreement shall be forwarded to the Department of Planning Services. While I understand
from your letter that Chris Elder is no longer a part of the ditch association, a representative will need
to sign this agreement on his behalf or in place of him.
d. The applicant shall meet with representatives of the Division of Wildlife to complete an agreement to
mitigate negative impacts on the warm water slough, wetlands, and wildlife habitat. The area is
approximately 35 acres in size, and the Division of Wildlife shall review the agreement and prepare
a recommendation for use by the Board of County Commissioners. This agreement shall be
approved by the Board of County Commissioners, the applicant shall not diminishly legally
adjudicated water rights with respect to development of wetlands on the property. In creation of
wetlands, the applicant will match consumptive use between existing and new wetlands, such that
the augmentation plan is not necessary. While it is apparent that you have spoken to Larry Rogstadt
of the Colorado Division of Wildlife, in order to satisfy this condition, this agreement shall be approved
by the Board of County Commissioners, and it is my understanding that no attempt has been made
to seek out approval of this agreement with the Board of County Commissioners. In order to satisfy
this standard, a final endorsement from the Board of County Commissioners will be necessary.
e. The C&M companies will reserve the Poudre River Trail right-of-way for the City of Greeley with a 100
foot setback along the southern boundary of Lakes 2 and 3. The right-of-way shall be shown on the
Special Use Plat upon request by representative of the City of Greeley, the Poudre Trail right-of-way
shall be granted. I understand that Karen Scopel is in the process of following up on this standard,
and until there is documentation from the City of Greeley stipulating that an agreement has been
made for trail development for the Poudre Trail, this standard has also not been satisfied.
As indicated in your correspondence, under Conditions of Approval#4, several of the notes and standards
required to be included on the mylar, are not listed, and will need to be listed in order to consider the Special
Review Plat complete. I would remind you that in order to satisfy Conditions of Approval, that the conditions
need to be completed and not merely addressed, and in order to proceed with activities on the site, all the
conditions need to have a conclusion associated with them, as well as have the appropriate'standards to be
included on the mylar. Additionally, you may want to double check that you do include #6a, under prior to
recording the plat information.
Shall I be able to assist you in this matter, I will be happy to do so, and look forward to hearing from you.
Sincerely,
Mo Daniels-Mika, AICP
Director
shanilt.wi
—
71ittleApplegate,Inc.
Consultants for Land,Mineral and Water Development
February 10, 1999
Monica Daniels-Mika
Weld County Planning Department
1400 North 17th Avenue
Greeley, CO 80631
RE: USR-897-Site Specific Development Plan and Use by Special Review Permit for gravel
Mining and Concrete and Asphalt Batch Plants. Legal description as follows: Part of
Section 32 and part of the W1/2 of Section 33 all in Township 6 North, Range 65 West of the
6th P.M., Weld County, CO.
Dear Monica:
As you recall,a Probable Cause Hearing for USR-897 was conducted by the Board of County
Commissioners on September 16, 1998,to consider whether the permit was still valid. The Board
determined that the intent to mine the property had not been abandoned and stated that all Conditions
of Approval must be meet and mining should commence prior to March 16, 1999, to validate the
permit.
In conformance with the Boards decision,the following items are being submitted for your review
and acceptance. I have numbered the responses to correspond with the numerical order as presented
in the County Commissioners Resolution dated March 7, 1990.
3. Prior to the special review activity' occurring on the site, evidence shall be submitted to the
Department of Planning Services that:
a. The Division of Water Resources has approved a well permit or water supply for
each mining phase. Each phase may be approved separately.
Attached,you will find a letter from the State of Colorado that the need for a
substitute supply plan or gravel pit well permit is not needed until groundwater is
exposed or used for mining purposes. As stated in the attached letter, ground water
will not be encountered during the initial mining stage. The initial phase of mining
will involve installation of landscape berms for screening, stripping of overburden,
and construction of the aggregate processing and asphalt plant site. Prior to exposing
ground water the appropriate permits will be obtained and submitted to Weld County.
Preparation of the water plans and permits is undet way incorporating Whitney Ditch
and Boyd/Freeman Ditch water now owned by CAMAS.
Water for dust control will be trucked from the North 35th Avenue and F Street
operations.
11990 Grant Street, Suite 304• Denver, Colorado 80233 • (303) 452-6611 • Fax (303)452-2759
USR-897, Probable Cause Submittal Information
February 10, 1999
Page 2 of 4
b. The Weld County Health Department has approved a system of monitoring wells to
detect impacts on any nearby groundwater Uses and residences.
A well monitoring plan has been submitted to the Weld County Health Department
for their review and approval. Locations of monitoring wells are noted on the plat
and the monitoring program is enclosed.
c. An emissions permit has been obtained from the Air Pollution Control Division,
Colorado Department of Health,for fugitive dust and source emissions.
This permit has been submitted to the State Health Department and is currently being
reviewed. A copy is enclosed.
d. A NPDES Permit has been obtained from the Water Quality control Division of the
Colorado Department of Health.
This permit has been submitted to the State Health Department and is currently being
reviewed. A copy is enclosed. Prior to any discharge of water, the permit will be
obtained.
e. The Use by Special Review will not cause injury to vested or conditional water rights
as set forth in Section 44.4.11 of the Weld County Zoning Ordinance.
The mining operation will not cause injury to vested or conditional water rights.
Prior to exposure of groundwater,a substitute supply plan will be approved by the
State Engineers office. The attached letter from the State Engineers Office
demonstrates compliance with this condition.
f. A 404 Permit has been issued by the Army Corps of Engineers, if applicable.
The mining plan has been carefully designed so that activities regulated by the Corps
of Engineers do not disturb jurisdictional wetlands.
5. Prior to recording the Special Review Plat:
a. An off-site Road Improvements and Maintenance Agreement shall be approved by the
Board of County Commissioners.
A proposed agreement was submitted to the Weld County Public Works Department
on January 26, 1999, for their review and submittal for approval to the Board of
County Commissioners. A copy is enclosed.
b. An agreement protecting the Greeley No..3 Ditch from loss of water shall be signed
by representatives of the Irrigation Company and the applicant and submitted to the
Planning Department.
The attached, signed agreement addresses this condition.
USR-897,Probable Cause Submittal Information
February 10, 1999
Page 3 of 4
c. An agreement protecting the drainage tile line in Phase 4 and/or the Elder
Aquaculture Diversion Structure shall be signed by Chris Elder and a representative
from the mining company.
The plat shows the location of the drainage tile in mining phase 4. In early 1998, Mr.
Chris Elder sold the property and moved away, so a signed agreement with him is not
possible.
The Colorado Mined Land Reclamation Act states that mining cannot occur closer
than 200 feet of a man-made structure unless there is a compensation agreement with
the owner or an engineering study demonstrating no impacts.
Because of this State law and Mr.Elder being gone, we have changed the plat to
show a 200 foot setback from both sides of the drainage tile. The intent of the
Commissioner's condition is accomplished and the drainage tile is protected.
d. The applicant shall meet with representatives of the Division of Wildlife to complete
an agreement to mitigate negative impacts on the warm water slough, wetlands, and
wildlife habitat. The agreement shall be approved by the Board of County
Commissioners.
The Division of Wildlife is currently reviewing the plans and have indicated that the
diversion of the slough around the western edge of the mining permit and the wildlife
habitat near the Poudre River are acceptable. These features are now shown on the
plat. Once this information is obtained from the Division, it will be submitted to the
Planning Department to schedule with the Board of County Commissioners.
e. The applicant shall reserve a Poudre River Trail right-of-way for the City of Greeley
with the 100 foot setback area along the southern boundary of Lakes 2 and 3. The
right-of-way shall be shown on the Use by Special Review Plat.
Karen Scopel, with the City of Greeley, indicated that this Special Use Permit was
approved prior to the master plan of the trail. Since the time of approval the trail has
been planned on the south side of the Cache La Poudre River,thus the need for the
right-of-way is not required.
Ms. Scopel indicated that she would send a letter to that effect. Once this letter is
received, a copy will be forwarded to you.
All items under Condition of Approval#4 have been added or amended on the plat. A copy of the
plat map is attached for your review.
It would appear that all of the Conditions have been appropriately addressed. Additional information
will be sent to you regarding conditions 3c, 3d, 5a, 5d,and 5e once we have confirmation from the
correct agencies.
USR-897,Probable Cause Submittal Information
February 10, 1999
Page 4 of 4
It would be helpful if you could let me know immediately if you have questions on any of the items
presented. This way I can submit any additional information you require prior to our March 16,
1999 deadline.
Thank you for your time and consideration.
Sincerely,.
TUTTLE APPLEGATE, INC.
Sh ni L. Eastin
Planner
SLE/sjr
Encs.
cc: TA File#98-181
Mike Refer, CAMAS
Connie Davis, CAMAS
•
ThttleApplegate,lnc.
•
ConeultgMs for Land,Mineral and WaterDevelopment
- Febrnaiy 1,1999 •
Karen Scope) .
City of Greeley Planning Department
1100 10th Street,Suite 101
Greeley.CO 8061 — - -
• RE: Poudre River trail ,
Dear Karen:
.Thank you for taking time today to with me regardinwilut Poudre 1River Trill.
. location. Speciicdlly,we talked about the trail location in the area'of83 Avenue and
Weld Country 64("u`Street),
tlyo d used,our client,CAi► ,received a Special tjdc.Pennit in 1990 through
Weld County fort Sand and Gravel Mining Operation. One of-the conditions of the. •
permit was-that,'a:100 right-of-way reservation should he placed on the southern
boundary brtiti lakes.
Since they of tie odliinal approval tribe permit,You indicate 1 drat a master plan for
t 11•0.#ro jttver Trait has been dopted With the 44500 10f the master plat,the trail
will not tee plated along-the northetia part of the Cache La Poudre.
Could you please.clarify this in writing so that l may submit it to Weld County to
demonstrate that the 100 foot reservation for right-of-way is net seeded at this location?
Thank Your a he with this
yo t{m and 1pMatter. If you have any questions,pleasevali iris at
(303)452-6611:T slk tuyvu soon.
Sincerely,
EAPP , ..
LEGATE,INC.
Sham L. Eastin
Planner
CC: TA File N98-t81
Attachment
11990 Grant Street, Suite 304• Denver, Colorado 80233•(303) 452-6611 • Fax (303) 452-2759
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- TUTTLE APPLEGATE, INC.
VICINITY MAP '"ww' t' '
11990 Grant a..Street. Suite 410
•
Ilwn.w, f..r....�_ ene•i
AGREEMENT
THIS AGREEMENT is made between the Greeley Irrigation
Company, herein known as the Company, and C & M Companies,
herein known as the Operator.
WHEREAS, the Operator has leased a certain piece of land,
referred to as the Land, whose location map is enclosed with this
agreement and is labeled as Attachment A. The Operator desires to
extract sand and gravel from the Land and create a permanent
lined lake which will be segregated from the ground water table.
WHEREAS, the Company owns Greeley Ditch No. 3 which
borders along the southern boundary of the Land. The Company has
the right to convey water in this ditch and use parts of the Land as
necessary to maintain the ditch.
WHEREAS, the Operator applied to Weld County and to the
Colorado Mined Land Reclamation Division for necessary permits to
allow for the operation of a mine on the Land.
WHEREAS, the Operator and the Company both recognize that
during the mining process and prior to the sealing of the lake slopes,
seepage from Greeley Ditch No. 3 may increase. It is unknown what
seepage loss to the Company ditch will occur from C & M operations
after gravel extraction ends. Both parties wish to put reasonable
limits on this seepage.
THEREFORE, both parties agree to the following terms:
1. That the Operator shall prevent mining from occurring any
closer than eighty-five (85) feet from the north bank of Greeley
Ditch No. 3.
2. That the Operator shall, during and after mining, line the
slopes of the lake with native silts and clays in order to inhibit the
seepage of groundwater into the lake according to the tolerances
specified by the State Engineer. It is recognized some seepage from
the ditch will continue after gravel mining ends.
3. In addition, the Operator shall file for a water storage right
on the lake and have the lake approved by the Water Court of
Water Division No. 1, State of Colorado, and as a water storage
reservoir by the State Engineer.
4. That the Operator shall install a 12-foot-wide parshall
flume and clock water gauge on Greeley Ditch No. 3 immediately
prior to the North 71st Avenue bridge to coordinate and measure
seepage loss in the ditch between the Company headgate and the
North 71st Avenue bridge. This gauge shall be constructed similar to
the present gauge at the headgate of the ditch. The Operator shall
prepare construction plans for the gauge and specify equipment for
approval by the Greeley Irrigation Company Board. The gauge shall
be installed and accepted by the Company prior to mining occurring.
5. The Operator shall dewater the mining pit by means of an
electric pump placed at the southeast corner of the mining pit. This
pump shall discharge water directly into Greeley Ditch No. 3 at a
minimum rate so as to restore at 71st Avenue to the Greeley Ditch
No. 3 the same quantity of water received at that time from the
Cache la Poudre River, less any natural seepage. It shall be the
responsibility of the Company to gauge water discharged into the
ditch by the pump and adjust their headgate so that their own
water rights are not exceeded. It is the responsibility of the
Operator to obtain any necessary permits for the diversion of water
and the discharge of water from appropriate agencies.
6. In order to further insure adequate water to Ditch No. 3,
the Operator shall submit the proper filings to the State Engineer,
and get same approved by the Water Court of Water Division No. 1,
State of Colorado, to allow water derived from Jones Ditch and
Whitney Ditch shares which are owned or leased by the Operator to
either be delivered to the lake for pumping into Ditch No. 3 or to be
left in the Poudre River for diversion by Ditch No. 3. This program
may require approval of the Jones and Whitney Ditch companies.
The obligation of Operator to replace any water loss of Company due
to the mining operation or the reservoir operation shall be a
permanent obligation and become effective when gravel operations
are commenced.
7. All costs of operating and maintaining the pump from the
lake to the ditch shall be the expense of the Operator. To assure
Company the costs of operating the pump shall be funded after
gravel extraction begins, the Operator shall establish a financial
security in the form of a performance bond, letter of credit, or
certificate of deposit in the amount of $10,000 showing the Company
as the beneficiary. In the event the Operator defaults on its
payment of the operation and maintenance of the pump or the
$700 annual maintenance fee, the Company may call that portion of
the security to cover the unpaid costs. After two (2) years of
satisfactory performance of the reservoir after It 1s approved by the
State Engineer, this requirement for security shall cease.
8. The Operator and all subsequent owners of the lake shall be
responsible for the maintenance of the lake so the lake will comply
F,1 F: - 9 — •� 0? t1 C' tl 1 Li t-4 CF, r, T H F' - i=i 1
e. G: a . -• . 1S LC1 LA)
with the standards of the State Engineer and as required by the
Water Court of Water Division No. 1, State of Colorado
0. That the terms of this agreement are contingent up_il;
commencement of the mining by the Operator The Operator sr:EIJI
not be obligated to carry out any terms of thic heroon-, nt.
tnere le reasonable assurances that the mining can commence and A
commencement date has been set by the Operator
10. That the Company will continue to enjoy its access on`.c
i he land to maintain the Greeley Ditch No. 3.
11. That the Operator.. shall pay to the Company an anima!
maintenance tee of $700 due on or before April 1st of each calencr
year and beginning in the year of flume and gauge installation at
North 71st Avenue and ending. two (2) y@nr* »ftnr ss,o St, tw Lr.g'nacr
haS accepted the reservoir as being built to requl; ed stanUards,
12. That this agreement may be recorded with the Weld
county Clerk and Recorder and shall be binding upon the heirs.,
successors, and assigns of both the Company and the Operator.
This agreement is agreed to on the last date below.
•
P (dent, Greeley Irrieyi Company Date_9: tfAeProwl nt, C M Compa eS Date
7kittleApplegate,lnc.
Consultants for lend.Mineral and Water Development
February 10, 1999
Lany Rogstad
Colorado Division of Wildlife
Greeley North
RE: .. Warm Water Slough Diversion; Weld County Special Use Permit#897
• . Dear Larry:
Thank you for assisting me with the.issues regarding the warm water slough located on
property owned by our client CAMAS,who intends to commence the original sand and
gravel mining permit.approved by Weld'County in 1990.
As we discussed,the County+imposed a condition that reads as follows:
r°. • Theapplicant Shrill Meet with n+presauaNyet tithe Division of Wildlife to complete an
a n t to mitigate negative Mylad'ltbh the watts waiter slough. wetland's,and wildll habitat.;
pit's aivpis approximately SS acres in sisg The Division Of,Wtldle.e shall review the agreementLea
and prepare a recommendation for use by the Board al em iiy Commissioners The,agreement
shall be apjnrated by the Board oft ouAntY Ce nmlreloheF liKopPlicaritshall not 411#10
legally adjudicated water rights with respect to development of wetlands on the properly. in
creation ofwetiands, the applicant will matchdonsrimptive uses between existing and new
wetlands such that an augmentation plain is not necessary.
The slough will be relocated around the western boundary area of the mining operation.
The slough will be located approximately 40 feet from the future right-of-way of 8Y" ,
Avenue. Tree plantings will be established between the slough and the right-of-way to
provide a protective measure for the slough.
The slough will empty into the southern area of the permit boundary,outside of any
mining operations. This area will provide a wildlife habitat area. The applicant will not
diminish legally adjudicated water rights with the development of the wildlife habitat
area
I appreciate you assistance in finalizing this matter. If you need additional information
please call me at(303)452-6611.
11990 Grant Street. Suite 304•I-Irani/Fir Cnlnrarin aroaa. fang% A6a_aa11 . rte., inn �.. ..��..
Lany Rogstadt
February ID. 1999
Page 2
Once again,thank you for all of your help. It is very much appreciated.
Sincerely,
TUTTLE APPLEGATE,INC.
•
S • L. Bastin
i
Planner
CO TA File#98-181
Mice Refer,CAMAS
Connie Davis,CAMAS
f
y* µ.
9F ;P-I
STArl'E OF COLORADO
WATER DIVISION ONE
OFFICE OF THE STATE ENGINEER p°
Division of Water Resources 4#4i.-
DepartmentofNaturalResources •.' %!
800 8*Avenue,Suite 321 Ian
Greeley,Colorado 80631
Phone(970)352-8712
Fax(303)659-0579 Bill Owens
Governor
Greg E.Walther
Executive Director
Hal D.Simpson
State Engineer
February 3, 1999 Richard L.Stenzel
Division Engineer
Kyle Whitaker
Tuttle Applegate, Inc.
11990 Grant Street, Suite 304
Denver, CO 80233
Dear Mr. Whitaker:
This is in response to your January 8, 1999 letter concerning CAMAS Colorado Inc.
You are correct that they do not need a substitute supply plan or gravel pit well permit
until groundwater is exposed or used for mining purposes. I would comment that the
water right for the source of dust control must allow this use. Municipal supplies would
generally be acceptable for dust control.
Sincerely,
nag
James R. Hall, P.E.
Assistant Division Engineer
RECEIVED
FEB ' 4 1999
TtrttleApplegate,lnc.
Consultants for Land,Mineral and Water Development
January 18, 1999
Mr.Jim Hall
Colorado Division of Water Resources
Division 1 Office
800 8th Avenue, Suite 321
Greeley, Colorado 80631
RE. CAMAS Colorado,Inc.—WW Farms Mining Operation
Dear Jim:
This letter is a follow up to our conversation oh January 7, 1999 regarding the WV1V farms mining
operation. The WW Farms site is located on the north side of the Poudre River directly across from
the Canal No. 3 diversion structure and the operator of the site is CAMAS Colorado,Inc. CAMAS
is in the process of addressing conditions of approval associated with the Weld County Special Use
Pernut. One of the conditions of approval reads as follows:
"Prior to the special review activityoccuning on the site,evidence shall be submitted to the
Department of Planning Services that the Division of Water Resources has approved a well
permit or water supply for each raining phase. Each phase may be approved separately."
The initial phase of mining at the W W farms site will not intercept or expose groundwater. The
mining activity will occur above the water table and water used for dust control at the site will be
hauled from offsite sources. Future phases of the mining operation will expose groundwater and at
that time a substitute supply plan and a gravel pit well permit will be applied for.
We are requesting a letter from your office to clarify issues related to the conditions of approval
related to the Weld County Special Use Permit. It is our feeling that a substitute water supply plan
or a gravel pit well permit is not required for the initial phase of the mining activity. It is felt that a
letter from your office would be helpful in meeting the above mentioned condition of approval and
assist the Weld County Department of Planning Services in their review.
Thank you for your assistance and if you have any questions or would like to discuss this project in
further detail,please feel free to give me a call at(303)452-6611.
Sincerely,
TUTTLE APPLEGATE, INC.
4,1
Kyle Whitaker
cc: Jamie Wilkins, CAMAS Colorado, Inc.
File 98-249
wn.. _ .-__ ........ .....
MONITORING WELL PLAN
During the hearings, concern was expressed about the impacts of the mining to wells belonging
to nearby neighbors. This summary outlines the steps that will be taken to monitor the effects of
the mining on the groundwater.
Premining Phase—piezometers will be installed in four locations on the perimeter of the WW
Farm property to gather baseline information on existing groundwater conditions. The
monitoring wells will be installed into bedrock. The wells will be monitored on a monthly basis
for the first year and on a quarterly basis thereafter until the mining operation exposes
groundwater in the second phase.
Mining Phase—as the mining exposes groundwater,the piezometers will be observed on a
monthly basis. When the groundwater stabilized, the wells will be monitored quarterly. This
monitoring will help us determine if water levels are dropping at rates indicative of creating
problems for well owners. Records for well monitoring will be tabulated in a graph form or
plotted on a timescale. This information will be kept at the CAMAS office on North 35th
Avenue.
If it appears that neighbors wells may be impacted so that they are not receiving their water right
according to their historic use, the following measures can be taken:
1. Increase setback of mining from the nearby well.
2. Constructing water recharge ditches between the mining operation and the well. Water
from the pit will be pumped into these ditches so the groundwater table in the vicinity of
the well can remain at an acceptable level.
3. Install drain tile to carry water in the ground to the vicinity of the neighbors well.
4. Pump water from the mining pit directly into the neighbors well. Often nearby wells are
used for lawn watering only, so potable water quality is not an issue.
5. Assist the neighbor in drilling the well deeper and/or setting the pump deeper in the well.
CAMAS has no intention of injuring the water rights of their neighbors through the mining
operation. We feel the monitoring plan and the possible measures to avoid impacts to wells will
identify and solve any potential problems.
FROM : CAMAS GREELEY PHONE NO. : 970 353 5338 Feb. 10 1999 09:49RM P1
-
I
CAMAS Colorado, Inc.
Asphalt Division
131 North 35"Avenue,PO Box,3121,Greeley,CO 80833
Telephone(970)353-2005 Facsimile(970)353.5338
Facsimile
To 47 ca CAMAS
peeer... v Asphalt Division
g
COMPANY !/
FAX NUMBER 303 - �.�o? - o?J.S
FROM 4inne> f
DATE ,y2
NO OF PAGES /6 (INCLUDING COVER PAGE)
MESSAGE
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Plann pas this muuta a Ns uYncl psisn nrytitat*ly
Ir.nu M nnr r,n"iva nil nann tnlanhnne the.Anus nunnM,
FROM : CAMPS GREELEY PHONE NO. 970 353 5330 Feb. 10 1999 09:506M P2
:o. Dom this facility have bulk storage of diesel fuel. gasoline,solvents. fertilizers, or other hazardous materials on site? ❑X
No ye,
II. h or will land application of any wastewater be practiced? ® No IJ Yes
12. Are the receiving waters, iodinated in item 9,a ditch or storm send 0 No 0 Yes If YES, submit documentation
cacti the owner of the ditch or son;sewer allows this discharge. No permit will be processed unless documentation of approval it received.
13. List any pertinent changes to the facility since the :tat application that eight affect this permit (such es use of chemicals for treatmpa,flow
or flow measurement,products added to discharge duration of discharge, added or deleted discharge points. ere.)
N/A (initial application)
id. STORMWATHR MANAGEMENT PLAN
A Stormwatet Management Plan (SWMP)shall be prepared prior to applying for coverage under the general permit and the following
certification signed.
I certify under penalty of law that a complete Stormwaser Management Plan has been prepared for my facility. Based on my inquiry of
the r.trt.,n c.r persons who manage the system. cr those persons directly repondMc for gathering Se irfortnacion, rho SWAP is, to the
best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for falsely certifying the
completion of said SWMP, including the possibility of fine and imprisonment'
Signature of permit applicant
Date Signed
Richard Mergens Vice President/General bianeger
Name(proved) Title
IS. Signature of Applicant .
I certify under penalty of law that this document and all acaebaems were prepared under my direction or supervision in accordance with a
9stem designed to assure that qualified personnel property gathered and evaluated the information submitted. Based on my inquiry of the
person or persons who manage the:yam.or dose penmY directly responsible for gathering the information, the information subeniucd is to
die bat of my knowledge and belief, true,accuram and complete. 1 am aware that there are significant pemhies for submitting false
iafOunauca, including the possibility of fine and imprisonment for knowing violadon.'
Signature of Owner Date Signed
Richard Mergens Vice President/General Manager
Name(printed) Tide
Signature of Operator Date Signed
Name (printed) Tide
3
FROM : CAMAS GREELEY PHONE NO. : 970 353 5336 Feb. 10 1999 09:50RM P?
•
Permit No.:
AIR POLLUTION EMISSION NOTICE (APEN)
AND CONTROL PLAN
FOR FUGITIVE PARTICULATE EMISSIONS
Name of Firm: CAMAS Colorado, Aggregate Division—W W Farm, Greeley
Mail Address: 3605 S. Teller Street, Lakewood, Co 80235
Contact Person: Mr. Mark Helm Phone No.: 303-985-1070
Project Location: SE corner of intersection, Weld County Roads 27 and 64, Weld County,
Colorado
UTM Coordinates:
Description of Activity: Sand and gravel extraction and production
No.of Employees: 6 Property Area: 248 acres
Seasonal Throughput (% of Annual):
Dec-Feb 10% Mar-May 30% Jtui-Aug 30% Scp-Nov 30%
Estimated Starting Date: 1999 Estimated Date of Completion: 2029
Work Schedule: 9 hours/day, 6 days/week, 44 weeks/year
Estimated Maximum Annual Production: 174,000 tons/year (This production rate will be a
_ - permit limitation, increases in this rate will require a permit modification.) RECEIVED
Material produced (Rock, Coal, Other): Sand and gravel
FEB 03 1999
AI Ocaballlision
Midway Somas Pio
Signature of Person Authorized to Supply Data
Typed or Printed Name and Title: Mr. Mark Helm, per uo s Manager
Date: February 3, 1999
Company Name: CAMAS Colorado, Inc. -Aggregate Division Telepbone: 303-985-1070
Mailing Address: 3605 S. Teller St., Lakewood,Co. 80235
A site diagram should also be submitted showing the general configuration of operation, and
location of site including property boundaries
For APCD Use
County ID AQC Inure ID NEDS Date of Rec. UTM Coordinates SCC Code
R
Zone Horiz. Vert
1
FROM : CAMAS GREELEY PHONE NO. : 970 .353 5338 Feb. 10 1999 09:51AM P4
I. TOPSOIL
A. REMOVAL
Maximum tons removed per day: 3.500 tons
Tons removed per year: 13.000 tons
Proposed controls for topsoil removal: (check appropriate boxes)
❑ Moist Material
O Water Spray
O Other(specify)
O No control
B. TOPSOIL STOCKPILE
Maximum stored at one time: 13.000 tons
Maximum stored per year: 13.000 tons
Length of time pile remains undisturbed: Less than one(11 vearfaveragee)
Proposed controls for topsoil stockpile: (check appropriate box)
O Watering times/day, or _continuous_continuous sprinkler(to maintain moist surface).
O Chemical stabilizer(Type: )
❑ Compacting of piles, method
❑ Enclosures: complete, or partial (check one)
Revegetation, (Length of time till revegetation - within 12 months)
O Other(specify)
O No control
II. OVERBURDEN
A. REMOVAL
Maximum tons removed per day: ;1500 tong
Tons removed per year: 200.000 tons
Equipment used for removal: $craters. front-end loaders
Proposed controls for overburden removal: (check appropriate boxes)
® Moist Material
❑ Water Spray
❑ Other(specify)
❑ No Control
2
FROM : CAMPS GREELEY FHJNE N0. : 970 353 5338 Feb. 10 1999 09:5 5 1RM F_
•
B. OVERBURDEN STOCKPILE
Maximum stored at one time: 200.000 tons
Length of time pile remains undisturbed: 2.25 years
Proposed control for overburden stockpile: (check appropriate boxes)
❑ Watering times/day, or _continuous sprinkler (to maintain moist surface).
❑ Chemical stabilizer(Type )
❑ Compacting of piles, method;
❑ Enclosures: complete, or partial(check one)
• Revegetation,(Length of time till revegetation— I year)
❑ Other(specify)
❑ No control
ilk DRILLING-N/r�
MATERIAL OVERBURDEN ROCK COAL OTHER
No. of holes drilled per day
No. of days of drilling per year
Hours of drilling per year
Proposed controls
Drilling Controls:
BLASTING - N/A
MATERIAL OVERBURDEN ROCK [COAL , OTHER
No. of blasts per day
No. of blasts per year
Hours of blasting days per year
Proposed controls:
Is Sequential blasting used: ❑Yes ONo (check one)
3
FROM : CRrr€ GREELEY PI-ONE NO. : 970 353 5338 Feb. 10 1999 09:E2RP1 P6
1.. RAW MATERIALS
A. REMOVAL
MATERIAL ROCK COAL SAND &
GRAVEL
Tons removed per year !76,000
Maximum tons removed per day 3,000
Equipment used for removal: Scrapers, front-
end loaders
Equipment capacity (in tons) 35 tons, 10.5
tons
Estimated hours per year required for removal 2,400
is material dry, moist,or wet? I Moist
Specify moisture content if known(%) L4.85/0
H. LOADING INTO RAW MATERIAL STOCKPILE —N/A
Method of loading in (truck,bottom dump, front-end loader, etc.):
Loading schedule: _ tons/hour hours/day - days/year
Proposed controls for loading to stockpile:
Controls include: No control, water sprays, total enclosure,partial enclosure,chemical suppressants,
reduced drop height, telescoping chute, other(specify):
C RAW MATERIALS STOCKPILE -Vim
MATERIAL ROCK COAL SAND&
GRAVEL
Maximum tons stored at any one time
Length of time pile remains undisturbed
Proposed controls for raw material stockpile; (check appropriate boxes)
❑ Watering times/day,or continuous sprinkler
O Chemical stabilizer(Type:
C Compacting of piles, method: _
❑ Enclosures: _ complete, or partial(check one)
❑ Other(specify)
O No control
4
FROM : CAMPS GREELEY PHONE ND. : 970 :353 5338 Feb. 10 1999 09:528M P7
D. LOADING OUT FROM RAW MATERIAL STOCKPILE! N1j
Method of loading out (front-end loader, conveyor, etc.):
Loading schedule: tons/hour hours/day - days/year
Proposed controls for loading to stockpile:
Controls include: No control, water sprays, total exposure, partial exposure,moist material,other
(specify)'
VL PROCESSING
Will processing(i.e.,crushing, screening,etc.)occur on site?
X YES *Stand alone semen: no crushing on site NO (check one)
NOTE: All process equipment requires a separate permit application and APEN (separate form is
attached at end of this form - make additional copies as needed).
Material loaded into processing equipment by:
X ,Conveyor Front end loader Other
Controls for processing include: Moist or wet materials (specify moisture% if known), water spray
bars,bag filters,other(specify),no control. If existing processing equipment will be relocated from
another location complete the following sections. This equipment must already be permitted.
LIST PROCESSING CONTROLS IN THE APPROPRIATE SPACES BELOW
A. PRIMARY CRUSHING—N/A
Maximum tons crushed per year: _ . tons.
Maximum tons crushed per hour: tons.
Hours of crushing per day: hours.
Proposed controls (see above):
B. SCREENING/CLASSIFYING
Maximum tons screened per year: 176,000 tons
Maximum tons screened per hour: 750 ton
Hours of screening per day: 9 hours
Proposed controls (see above): Water snrav bars,moist material
C. SECONDARY CRUSHING—NZA
Maximum tons crushed per year: tons.
Maximum tons crushed per hour _ _tons.
Hours of crushing per day: hours.
Proposed controls (see above): __..
5
FROM : CHMRS GREELEY PHONE NO. : 970 353 5338 Feb. 10 1999 09:53RM P8
D. RESCREENING/CLASSIFYING—NZA
Maximum tons screened per year: tons.
Maximum tons screened per hour: tons.
Hours of screening per day: hours.
Proposed controls(see above):
ILL CONVEYORS/TRANSFER POINTS
A. CONVEYORS
Tons of material conveyed per year: 176.000 tons
Tons of material conveyed per day; 2250 tons
Proposed controls: Moist material,water soray bars
Controls for conveyors include: Full enclosure, partial enclosure,no control,other(specify)
(Indicate on a separate diagram how conveyor system is set:up.)
B. TRANSFER POINTS
Number of transfer points! _4
Proposed controls; Water spray.moist material
Controls for transfer points include: Full enclosure, partial enclosure,water sprays, chemical
suppressants, no controls, other(specify)
FINISHED PRODUCT
A. LOADING INTO FINISHED PRODUCT STOCKPILE
Method of loading in(front-end loader, conveyor, etc.); Conveyor
If conveyor is used, what is maximum drop height?: 30 feet
Loading schedule: 250_tons/hour 9 hours/day 200 days/year
Proposed controls: Moist material.reduced drop height
Controls for loading to stockpile include: Other(specify), no control,water sprays, total
enclosure,partial enclosure,chemical suppressants,reduced drop height,telescoping chute
6
FROM : CAMPS GREELEY PHONE NJ. : 970 '53 5338 Feb. 10 1999 09:53t1 p9
B. FPNISHED PRODUCT STOCKPILE
Maximum tons stored at one time: 176.000 tons
Length of time pile remains undisturbed: Less than six months
Proposed controls: (check appropriate boxes)
CM Watering: x as needed times/day continuous sprinkler(to maintain moist surface)
❑ Chemical stabilizer(applied according to manufacturer's specifications).
❑ Compacting of piles, method:
❑ Enclosures(check one): complete partial
O Revegetation(length of time till revegetation: _ )
LEI Other(specify): Moist material
❑ No Control
C. LOADING OUT FROM STOCKPILE.FOR FINAL TRANSPORT
Method of loading out(front-end loader,conveyor, etc.): Front-end loader
If conveyor is used, what is maximum drop height?
Loading schedule: 100 tons/hour 9 hours/day 200 days/year
Proposed controls: Reduced drop height moist material •
Controls for loading out of stockpile include: Water injection, chemical dust suppressants, bag
collectors, other(specify), no control,water sprays, total enclosure, partial enclosure, chemical
suppressants, reduced drop height,telescoping chute.
•
FROM : CAMPS GREELEY PHONE NO. : 970 :353 533B Feb. 10 1999 09:54PM P10
•
7g VEHICLE HAUL ROADS
CONTROL OPTIONS FOR VEHICLE HAUL ROADS
(DO NOT WRITE IN THIS SECTION)
1. Watering(specify) hmes/day,to maintain moist surface.
2. Chemical stabilization
(according to manufacturer's specification)
Specify:
a. Frequency of application and
b. Type of stabilizer(brand namc,or composition)
3. Paving to be completed by:
4. Gravel
(LIST HAUL ROAD CONTROLS IN THE APPROPRIATE SPACES BELOW)
A. TRANSPORT OF RAW MATERIALS FROM REMOVAL SITE TO STOCKPILE--SCREEN
Distance(one way): 3,000 feet
If stockpile is off site, give distance from removal site to mine entrance:
Haul vehicle capacity: 7 cy. front-end loader No. of wheels; 4
Average vehicle speed: 3-m.p.h.
Maximum vehicle speed: 30 m.p.h. (cannot exceed 30 m.p.h.)
No.of trips per day: 150
Haul road silt content(if known):
List controls for raw materials transport: (see measures listed above)
Proposed controls: watering on haul roads as needed
•
B. FINISHED PRODUCT TRANSPORT (ON SITE)
I. Haul Trucks
CAPACITY EMPTY NO. OF NO. OF NO. OF TRIPS AVG. SPEED
WEIGHT TRUCKS WHEELS PER/DAY ON SITE
1. yds mph
2. yds mph
3, yds mph
� f
4. yds mph
2. Haul Road Information for Final Transport
On site haul roads distance(one way):
Haul road silt content(if known):
List controls for final transport: (see control measures)
Proposed controls: .
8
FROM : CAMPS GREELEY PHONE NO. : 970 353 5338 Feb. 10 1999 09:54RM P11
•
C OTHER ROADS ON-SITE
WHAT IS ROAD LENGTH OF ROAD? DISTANCE CONTROLS
USED FOR? FROM TO (SEE PAGE 8)
1.
2.
3.
X. SITE DI TURBANCE.
Estimated total disturbed acreage subject to wind erosion: 27 acres
Proposed controls:
• Restrict traffic to established roads where practicable
® Minimize arca of disturbance
Revegetation
"7 ❑ Mulch
® Watering as needed
❑ Chemical stabilizers
O Other ---
❑ No control
Comments:
Mail completed form and$100.00 filing fee to:
Colorado Department of Public Health& Environment
APCD-SS-B I
4300 Cherry Creek Drive South
Denver, CO 80222-1530
303-692-3150
9
FROM : CAMAS GREELEY PI-UNE N0. : 970 353 53.38 Feb. 10 1999 09:55RM P12
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•
0 2000 FEET
VICINITY MAPC3
i
a( TUTTLE APPLECATE, INC.
twwar S tlrM W leant arwMr.■
11990 Gym Street, Suite e/0
Drover,Colorado 1023)
FROM : CAMPS GREELEY PHONE NO. : 970 353 5338 Feb. 10 1999 09:5-214M P2
S. Other Earfro
other Frllowing programs?nital Permits:: Doe this wily currently have any mvironmrnrnul tames,or it it aubjeof to
regulation,undo say era;
Remit Name Yes No Date
a Applied For Permit To be.. No.
a) Colordo Division of Mine als and Geolagy _ —submitted
(formerly MLRD)
b.) CDP$sronawatar ■■
e.) Other Air
r 2/3/99
6. Do you discharge any of the following peones granted waxavraters from your facility,to State Waters? If so,let them on the table in
Item 9.
No ff❑^l—��� Yes Product washwetar 0 No O
No U Ye Yea Scrubber water (miners or eteaitlus)
❑ M'�N°°efegcPmaat wash.raters
No Ye. Transport water(e.g., slurries) O No ®' Yes Mine devouring u g(groundwater anchor runoff from the erns)_
7. Lotadoa sup: A bath*map designing the facility psopeaty,intake pants,discharge
boding and drinking ki"i Poiataa,those weal, spouts, other surface water
^nking water walls listed in public records or otherwise known to the applicant and the receiving waters shall be submitted The
map shall extend one mile beyond the property boundaries. The map shall be fronts 7% or 15 minute USGS quad sheet,or a map of
oamperable scale. A north arrow shall be shown. The map mist be on paper a Yr x n inches end must be labeled as follows:
On the bottom center of the page label as follows: Figure 1,2, etc.
(Company Name)
(Pit or Property Name)
Sand and Gravel Operation
S. Site sketch: A legible general sketch of the site shall be submitted,showing appurtenant facilities (buildings.pond diversion aches, do.).
strum location,numbered discharge points,sampling and flow monitoring poems. The sketch shall be on paper a % a 11 inches
and oust be labeled as in item 7. abort. The outrans shall be Meted to correspond with the numbers Used in Item 9.
9. For each oudall indicate:(1)an ope ntbro contributing wastewater to the effluent:(2)any ttaabneot procedure gives to the wasrewumr prior
-:ao dhcsargei (3)the avenge and nulimuns flow conufotaa l by each operation;;(4)the receiving stream. iadieate now rtes as Wm or
MCD.
r•+Yt;--
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r-7-__:,.. -n ✓. ,r -�--.mow+ z '"'- ° .n"'C''Y,y.... xX r...�.
�,... �.�..-i. jt -^+.w.. -( �-t.: _ ry7 mow.. +v =roe rte ,,,... ..„..,„.......„..._,7,..' ,
OOl Cache La
Mine dewaterint Sediment .oat! -- 1 .4 of 800 1500: •m .P°cadre
•
an III _
003
Lit additional discharge points on separate shat of paper
• If sediment pond, indicate approximate volume of water
FROM : CAMAS GREELEY PHJNE NO. : 970 :353 5338 Feb. 10 1999 09:5ERM P3
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VICINITY MAP 20 FEESell,
FIGURE 1 - LOCATION MAP
CAMAS Coloradn, inc.
W W Farm Fit TUTTLE APPLECATE INC.
COG-50 - Sand b Gravel operation
—
r�raw+rwt..aaer..w.ali..r.,.-
® si 11990 Ctent Street, Surtr 410
P� w Denver.Colorado $0237
FROM : CAMPS GREELEY PFDNE N0. : 970 353 5338 Feb. 10 1999 09:59AM P4
— — /o yAo4-d V _a '
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1 - ow men:7'0•,snf pv:et FIGURE: #2 - SITE SKETCH
CA2fAS Colorado, Inc.
U U Farm Pit
COG-50 ___ - Sand b Gravel Operation
AQH iu � �n�cb>•nu r
* WC, - Lizin Cowl ,
-ate - 9
County of Weld. State of Colorado
Long-Term Road Maintenance and Improvements Agreement
THIS AGREEMENT, made and entered into this day of , 1998,by and
between the County of Weld, State of Colorado, hereinafter called"County" and CAMAS
Colorado, Inc., hereinafter called"Operator".
WHEREAS, the Operator and other gravel operators have acquired land use permits from the
County for gravel mining and plant operations in the area west of Greeley, Colorado along WCR
27 (83`d Avenue) and WCR 64 ("O"Street), and
WHEREAS, gravel mining and plant operations are anticipated to continue in this area well into
the future, and
WHEREAS, the County roads in the area of WCR 27 will be impacted by heavy truck traffic
generated from gravel mining and plant operations and by other businesses using heavy trucks,
and
- WHEREAS, present and future gravel operators are required to enter into Road Maintenance and
Improvements Agreements with the County to mitigate the impact created by heavy truck traffic,
and
WHEREAS, haul routes overlap between different gravel operators and the existing haul routes
are difficult and impractical to manage, and
WHEREAS, the maintenance and improvements required will vary over time and provisions
should be made to address future requirements, and
WHEREAS, the County and the Operator agree it would be advantageous to set forth an
equitable agreement that would provide a basis for future Road Maintenance and Improvements
Agreements between all parties concerned.
NOW THEREFORE in consideration of the mutual covenants and conditions hereinafter set
forth, the County and the Operator mutually agree as follows:
1. The County road considered in this Agreement is Weld County 27, between"O" Street
(WCR 64) and Business US 34; and WCR 64 west to WCR 27 and east to WCR 31.
2. The Operator may use WCR 27 and WCR 64 as haul routes to and from its gravel mining
operations area as described in the plat filed as required by USR-897.
3. The Operator and present and future gravel operators are required to share in the cost of
reasonable future maintenance and improvements when such maintenance is related to
their hauling impacts.
4. Upon notification by the County, all gravel operators and the County will examine the
roads and determine a plan for the maintenance and improvements that are required. The
County will have the final determination as to what maintenance and improvements are
required based on input from gravel operators using the road.
5. Upon determining what maintenance and improvements are required, a separate
agreement shall be drawn detailing the work to be done and costs to be shared.
6. When requested by the County, the Operator shall provide information as to the amount
of materials, in tons, removed from the pit over a specified period of time. The Weld
County public works Department shall provide information on the amount of materials,
in tons, it has hauled on the roads in question. The County shall estimate the amount of
non-gravel materials, in tons, shipped over the road in question for the same period of
time. When combined with information provided by other operators (as set forth in
paragraph 3), the proportionate amount of materials removed by each operator will be
used to determine each operator's share in maintenance and improvements. No costs for
maintenance and improvements associated with traffic not generated by the gravel
operators will be assessed to the gravel operators.
7. It is anticipated that the operator and future or present gravel operators will perform the
work and share in the equipment, labor, and materials required for the maintenance and
improvements necessary for WCR 27 and WCR 64. Any sharing done between the
gravel operators shall be by separate agreements.
8. No portion of the Agreement shall be deemed to constitute a waiver of any immunities to
the parties or their officers or employees, nor shall any provision of this Agreement be
construed to create any duty, standard of care, or rights in favor of any third parties, with
respect to any obligation created by this Agreement.
9. Structural damage repairs to the bridge over the Cache La Poudre River are exempted
from this Road Maintenance and Improvements Agreement.
10. If the Operator does not participate as outlined in the Agreement, it will constitute a
revocation of the conditions of USR-897, and shall subject the Operator to revocation of
said USR.
ATTEST: CAMAS, Colorado Inc.
By:
Rick Mergens
By:
Mike Refer
ATTEST: BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk to the Board
By: By:
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