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HomeMy WebLinkAbout990418.tiff Feb 20 99 06: 07p Division of Wildlife 1 -970-352-2143 p. 1 (7) Larry Road,District Wildlife Manger Colorado Division of Wildlife Far rfe- For People HERE'S THE FAX 35.1.- 63/ 1 rr,, TO: I ' InNicc Ue..-ie\s � . cc Re - Perr `647 (CRmRS PPr ) FROM: Lczrn ROB S-e) NUMBER OF PAGES(INCLUDENG awnU WORDS OF WISDOM: FY -f a e t 1� // rr I/ �erP� Co oI �Pr.P.� o,� II✓avel /�„„t C4 if-3 aye Aso ✓1s s 1)4)49,, 1,.J0-L m y +L r O L�i✓i i o.- 0 are-f 4 IR Rer +0 co.---11 ) V �^�/�,� Ss, o.,err To ?ell Ler1 La 0,-) weI hcvt 7 +1., l lrork Po/ So .e1 L. .L o/.,T or w,{I a copy of Ieller 5c\-- cp ? 144 /tot k"-,0,3l7 / "'eed 1 o t..,rite 0,,., 04-Le, Vier4 c, p. Also / clic... / 40 re(/,-ej -i4s ? rnc. ke / & ;L 's 5'41 4vyILL ;rd . / '// /"04' 116�e 4pr by pk-Je or-{' Uc Lill( Co,..lt yo,.. PFfffi:970-352.2143 r^ e 1)--c-c)f . FAXBAQt 970-352-2143 rrnoa VV `° ks n`9-1 IINw°en4 i _w�� #S Rf71 an c 13 99 990418 TX/RX N0.4588 PL-0(0.31 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 4 4r4f, 43 .w. :: \\ _ --C...--C...30.:30 . 1 !_r -N-,t, Ihki, \ iab 441.-_, on WCR 6* t ' oc. .�oo_ •,4414,03,9 'tall Aft.;941. ..lriff ite...7cor :r.. iii /3 1 '7 / y m), ..... . •ft .. __ _ WCR 62 114 e„ .�' ` ' �_ ' -_ '��kV ‘11% 411 1?kit ii41 II, . .c.A as . AM.. .`�,-1. N i( � ` • Tell. 0, 4i ,gr • r'k JA 1 ' .. v atir t 41.:. . , 1- I, 1 lair 40r ifirikcsoa. \pill Aprai ft : ( ,)/00,,e4,..lirl j.;,.,,./.___\ . i _,,,,.... t._. 74. \ ts-H-g-g r„ Fl r . � • tt,: #1. „it '' C. • 0 2000 ....o 1%2000' N - 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 #W1,- .2141‘. !'m ,/S ca l/7l `G' ,a2dd` a ,C2/-1..-t , �Y o fr "Ma /7 /4�y n . 4/`1, . ref iaee ,, .79/ser 420 ;7.0114t4/41 Pd. at ��o 6/ �� 714 Y 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$100.00 filing fee to: Colorado Department of Public Health& Environment APCD-SS-B I 4300 Cherry Creek Drive South Denver, CO 80222-1530 303-692-3150 9 FROM : CAMAS GREELEY PI-UNE N0. : 970 353 53.38 Feb. 10 1999 09:55RM P12 " ' air \CNN si .w. • B swell q .n. •• 8 I. 30.. \or i/ t 0:--11-r\ r- ' ) � � ai ` R 04 ... -mot • IN.„...rTh l'....J �. o � . %, PROJECT• _ SITE 104 . I ' :'31 C I I 33 • . le\1/4._.. T N .0 NN WCR 021/4 ��' fi CJJ /},.. • �r_ _ ,—°from � . ��\Uw•'J J ��' . t ?\J\ N-..\_,R \ . \ f.r.r.,,j: , \ c-37 ; ' 'A4-4--it,. _.. •• \ 2 ,-i c/ i—ci- .., id , . ,-. .., 0 I i GREELEY 1/2 `M,)I,.ac US HWY. • 34 YY `�° \e\‘:-;\,_._ ,a / /e T(7R66 W • 0 2000 FEET VICINITY MAPC3 i a( TUTTLE APPLECATE, INC. twwar S tlrM W leant arwMr.■ 11990 Gym Street, Suite e/0 Drover,Colorado 1023) FROM : CAMPS GREELEY PHONE NO. : 970 353 5338 Feb. 10 1999 09:5-214M P2 S. Other Earfro other Frllowing programs?nital Permits:: Doe this wily currently have any mvironmrnrnul tames,or it it aubjeof to regulation,undo say era; Remit Name Yes No Date a Applied For Permit To be.. No. a) Colordo Division of Mine als and Geolagy _ —submitted (formerly MLRD) b.) CDP$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;-- T w. • 7 �ErA4�" �' _ a. � 1. t �. 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 _ 1` : ti� tArilbl I b Pm j O C)._ 'Will :.-----t--•-.. ' H swell i' •74 , W 2 •• W 4771 G .1 30- 28 �� ' 1 J 1 i / r o• / N 7 • f .1 . . t,.. 1 t R 64 '°°7 \ '; .'w!�- PROJECT SITE ,No:09 CC j / VV l31 -ti ci4c , Irfsp4: 33 le. •TN WCR 021/4 ,. ,. > . . .f �'i'�� ,.;. , �J `� •. v14. ^' ,yr l• 1 t . r : /-\:\ . - ‘\ \ b ..., t FL , ,) _we, :1)is-?, : 7-3. - . -5)if / ; 43 7- fi _ 57, r:J.Ntai 'aft • 1. �� \\ US HWY. 34 Y OREELEY ..._ , MI. ••�. C1-1.7r r 4 r. .., R66W 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 ' I r /\. / 1 / t\-7. (_, N 1 o 4 \ i al 00 \ / -- A.mp / C ti I ^ `"' a \ _ _ 3 OA46// -/ ♦ / b y� i a t i 9` / e o- a + D,sciarse, Sa.np/;n, and W 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: Hello