HomeMy WebLinkAbout990609.tiff DEPARTMENT OF PLANNING SERVICES
Weld County Administrative Offices, 1400 N. 17th Avenue,Greeley, CO 80631
Phone (970)353-6100, Ext. 3540, Fax(970)353-6312
USE BY SPECIAL REVIEW APPLICATION
AA 11 tA5R -/2/5
Application Fee Paid A// \ Receipt# Date
Recording Fee Paid Receipt# Date
Application Reviewed by: 1✓/ -'
TO BE COMPLETED BY APPLICANT: (Please print or type, except for necessary signature)
LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: ' 74.336
PARCEL NUMBER: 1 3 0 9 1 9 0 0 2 0 0 6 (12 digit number-found on Tax I.D.
Information or obtained at the Assessor's Office.
Section 19 , T2 N, R 66 W-Total Acreage Zone District Overlay Zone
Property Address (if available) 9208 WCR 25, Ft. Lupton, CO 80621
Proposed Use Gravel pit
SURFACE FEE (PROPERTY OWNERS)OF AREA PROPOSED FOR THE SPECIAL REVIEW
PERMIT
Name: Bearson, Darrel Address: 9208 WCR 25
(303)
City/State/Zip: Ft. Lupton, CO Home Telephone: Business Telephone 857-9323
80621
Name: Address:
City/State/Zip: Home Telephone: Business Telephone
APPLICANT OR AUTHORIZED AGENT(if different than abovel
Name: Weld County - Greg Nelson - Mining Division
Address: P.O. Box #758 City/State/Zip: Greeley, CO 80632
Home Telephone: (970) 284-7939 Business Telephone: (970) 356-4000 ext. 3750
DEPARTMENT OF PLANNING SERVICES USE ONLY I EXHIBIT
Case# - r
Floodplain: ❑ Yes o No Geologic Hazard: ❑ Yes o No (P
Weld County Planning Uept.
I hereby state that all statements and plans submitted with the application are true and correct to the best of
my knowledge.
JAN 1 2 1999
��.y( w �1 [ t. a rk_ t
Rev: 1-27-97 • `E U E I V E® Signature: Owner or Authorized Agent
5 990609
ANSWERS TO USE BY SPECIAL REVIEW OUESTIONS
Mining of sand and gravel to be used on county roads for maintenance and road construction.
2. This operation is consistent with the Weld County Comprehensive Plan as the Comprehensive
Plan allows for extraction of sand and gravel and promotes reasonable development.
3. Proposed site is located within Agricultural District. This zoning designation allows for
extraction of sand and gravel as a Use by Special Review within that district.
4. To the north of the proposed site,the county has previously mined two gravel pits,they have
been reclaimed and are presently home sites. West of the proposed site is agricultural land and
west of that is another county pit. To the south is more agricultural land and a tree farm. The
South Platte River borders the east side of the proposed pit.
5. a. Depending on phase of operation, could be four to twenty.
b. Depending on phase of operation, site will not be mined or ongoing operation
continuously, depends on need for material, normally four to 14 people.
c. Winter hours would be 7:00 a.m. to 3:30 p.m. five days a week
Summer hours would be 6:00 a.m. to 4:30 p.m. four days a week
d. N/A -portable operation
e. -0-
f. During mining operation, we will have an excavator, haul trucks„ dozer, front-end
loader,pickups, and crushing equipment on site. It will remain there until that phase is
completed. Tandem and semi trucks will be used to haul material to county roads.
Trucks could haul as many as six to ten loads per day.
g. Ft. Lupton Fire District. County vehicles are supplied with fire extinguishers and
radios. Any fuel tanks on site will be bermed. All safety precautions will be taken.
h. Lupton Meadows,domestic water; county vehicles have water dispensers.
I. Use Porta-Potys supplied by County; temporary facilities, serviced once a week.
j. N/A - will not be storing anything
6. Landscaping is in reclamation phase. Landowner will work with the County as per reclamation
plat.
99'6)!,0
7. Reclamation will be concurrent with mining operation. As phases near completion,topsoil will
be applied and reseeded according to Soil Conservation Service recommendations. Distur-
bances will be minimized as much as possible. Wildlife habitat will be preserved as much as
possible.
8. Storm water discharge permit for sand and gravel operation has been applied for.
9. The lease on proposed site will be for seven years. Operation will begin when all permits are
approved. Reclamation will take place as phases are completed.
10. N/A -will not be storing waste material.
EXHIBIT A
LEGAL DESCRIPTION
990&O
EXHIBIT D
MINING PLAN
When completed, there will be two ponds, Pond "A" and Pond "B". The mining operation will
begin on Phase I of Pond"B",then continue to other phases. As mining of phases goes on, we will
be working on reclamation of completed phases.
The topsoil and overburden will be excavated and stockpiled to be used for reclamation purposes.
The removal of topsoil will be accomplished with an excavator and haul trucks. Weld County has
calculated that a maximum of one foot of topsoil and overburden exists. The gravel from this
location is suitable for crushing and,therefore,one of the better sources of material in this southern
area.
The county will use a pump to keep the water down so the sand and gravel can be removed. Because
of the close proximity of the South Platte River and because of the existence of the alluvial aquifer,
much of the sand and gravel will be saturated with some water. Therefore, the operators will
stockpile the excavated material and allow it to drain prior to crushing and/or transport from the area.
Earth moving will be accomplished by several different machines, each for different purposes. A
scraper will be used to strip topsoil and overburden and to relocate it to screening mounds and
stockpile areas. A dozer will aid in clearing operations where necessary and will be used for moving
sand and gravel stockpiles.
Based on an average sand and gravel deposit thickness of 25 feet, there is approximately 480,000
cubic yards of material. The resulting lifetime for the additional pit area is about one to ten years.
Water Management: there will be no water diversion or impoundment structures necessary for this
operation. The excavated area will be filled with groundwater. Pumping will be performed to keep
the water level down to excavate material for the pit.
EXHIBIT E
RECLAMATION PLAN
The operator proposes to reclaim the land for wildlife habitat/recreation lake because of its proximity
to the South Platte River, a natural wildlife habitat with, and adjacent to,the permit area.
In addition,because of the location in the flood plain, the pits will be pumped. The entire acreage
will accord to fish and waterfowl habitat, along with small game animals.
This will be constructed with side slopes of not greater than 3:1 and will be revegetated with
properly selected grasses and shrubs to prevent erosion problems.
Topsoil stockpile will be stripped from the area to be disturbed and stockpiled. A mixture of grasses
suitable to the area has been recommended by the Soil Conservation Service. Upon completion of
the pit or the end of the lease of this area, the owner will complete the recommended seeding and
revegatation of the site in accordance with the Soil Conservation Service recommendations.
C1�11J
EXHIBIT G
WATER INFORMATION
The proposed operation is located in the flood plain of the South Platte River. It flows through the
property from south to north. The land is located above the alluvial aquifer and also is in a recharge
area for the aquifer and the South Platte River run.
The sand and gravel deposit in the alluvium contains the alluvial groundwater system. There is
considerable interaction between the groundwater system and South Platte River. The previously
excavated area contained approximately twenty (20) feet of water during the spring and early
summer months. The water level is expected to be lower during the late summer and fall months.
De-watering operations are necessary as only clarified water will be discharged from the pit. We
will obtain a Wastewater Discharge Permit. Once mining ceases and the area is reclaimed to a
wildlife habitat, there will be no project water requirements for the development mining or
reclamation phases, other than occasional dust control operations. The amount of water needed for
dust control is not expected to exceed 1,000 gallons per week during dry conditions. By spreading
recently excavated sand and gravel on haul roads, the need for dust control measures would be
greatly reduced or even eliminated.
The amount of water lost through evaporation from the pond surfaces should not exceed the amount
lost through evaportranspiration from agricultured crop production.
Our existing pit area has water rights and sources. According to the recorded deed for their property,
the grantee owns more than four shares of the capital stock of Lupton Meadows Ditch Company.
The County is applying for a NPDES Permit from the Water Quality Control Division of the
Colorado Department of Health (Wastewater Discharge Permit).
'790 01
EXHIBIT H
MINED LAND WILDLIFE QUESTIONAIRE
9;',0&o9
MINED LAND WILDLIFE QUESTIONAIRE
for limited impact and select regular mine applications
1. Name of Company/Mine: Weld County Public Works.Bearson Gravel Pit
2. Name/Address/Phone of Contact Person: Crag Nelson, Mining Supe nzisor
(970) 956-4000. ext. 3750
3. Location of Mine: Weld; T2N, R66W, S19 NW} of NE
(County, Township, Range, Section to nearest quarter quarter; Exhibit A-MLR appl.)
4. Nearest Town/General Location: Four miles north and west of Ft. Lupton. CO
Intersection of WCR 20 and WCR 25
5. Land Ownership (Circle) 1. Private 2. BLM 3. USFS 4. Other
6. Present Land Use: Wildlife habitat
7. Proposed Final Land Use: Wildlife habitat (improving area)
8. Type of Operation: 1. Surface 2. Underground
9. Minerals being mined: Sand and gravel
10. Number and Description of Surface Acres Disturbed by Mining/not including roads
(Exhibit D-MLR) : 17 acres t
11. Miles of roads to be constructed: Existing } mile will be upgraded
12. Life of Mine (years) : 10 years
13. Description of Operation and Reclamation -- Additional sheets may be attached
(Exhibits B & E-MLR)
Use of excavators and haul trucks and dozers to mine and stockpile material.
• Use rock crusher to crush gravel. Front-end loader used to feed crusher.
Use of front-end loader to load crushed material in trucks . (tandem/semi) to
be hauled off site for county roads. When completed, there will be two ponds.
Reclamation will benefit landowner and surrounding wildlife. Existing
topsoil will be stockpiled for reclamation.
14. Please enclose Maps of Project Operation, Disturbance Areas and Reclamation (Exhibit
C.) This will expedite processing. Your cooperation is appreciated.
15, Prepared
P by: „771-74,-
gDate: // fi ? _ yF
gektnng9 Page 1 of 2
MINED LAND WILDLIFE STATEMENT/EVALUATION (REVISED)
for limited impact and select regular mine applications
The following information pertaining to wildlife is provided for use by Mined Land Reclamation
Board in their consideration of a mining permit for:
Weld County Public Works-Bearson Sand&Gravel Pit-NW1/4NE1/4 of sect. 19, T2N,
R66W, of the 6th• PM in Weld County, Colorado
Name/Type and Location of Mine(Legal)
Wildlife Species List: Mule and White-tail deer,coyote,red fox,raccoon, skunk, fox squirrel,
cottontail rabbit, mourning dove, various species of raptors,rodents, reptiles, and songbirds.
Endangered/critical species impacted: Bald eagle use this stretch of the South Platte River and
adjacent riparian areas during winter and migration seasons for hunting and roosting. Prebbles
Jumping Mouse may occur in wet meadow areas or sub-irrigated pastures. It is recommended
that the applicant contact the U.S. Fish&Wildlife Service to determine if the mine will impact
these species prior to commencement of mining&construction activities.
Assessment of impact: Mining and construction activities will impact some species of wildlife
due to terrestrial habitat loss and disturbance, however it's likely that wildlife inhabiting the mine
site will simply move to similar, undisturbed habitats in the vicinity of the mine site. As noted
above,the applicant should contact the U.S. Fish&Wildlife Service first to determine extent of
impacts, if any,to Federally listed Threatened&Endangered species.
Constructing ponds and reclaiming land portions of the mine site to wildlife habitat will restore
the remaining terrestrial habitat, and the ponds will provide new habitat for a variety of waterfowl,
shorebirds, other species of birds such as great blue heron and green heron, amphibians and fish
bias-
Mine reclamation recommendations(include key species/habitats for which restoration is
designed): It's recommended that reclamation be done on each phase of the mine operation as
mining progresses. For example, when mining on the Phase I site is complete, reclamation of that
site should begin as soon as possible.
e4e)`)
Topsoil should be respread to a minimum depth of 18", and leveled prior to reclamation plantings.
Trees and shrubs removed as a result of mining or construction should be replaced on a one-for-
one basis. Recommended native tree&shrub species for reclamation planting include Plains
Cottonwood, American plum,choke cherry, snow berry, willow,and silver buffalo berry.
Suitable imtroduced species for wildlife include Black Walnut, Gambels Oak,and lilac. Conifers
include Eastern Red Cedar or Rocky Mtn. Juniper. Recommend that all tree and shrub plantings
be done rising weed bather material to help control competition from weeds and help plantings to
successfully establish.
•
Recommended reclamation grass and legume species for wildlife include Tall wheatgrass,
intermediate wheatgrass, reed canary grass, Indian Rice grass, Great Basin wild rye,switch grass,
Ladak alfalfa and yellow and white sweet clovers.
Recommended that ponds be constructed to have irregular shorelines,and also contain one or two
islands of at least 15'x 25'in size per 2 surface acres. Larger islands are good if possible.
Shoreline and island slopes should be 1:4, with some areas of shoreline having slopes of 1:8 or 1:0
to create shallow water areas and allow for establishment of a variety of different types of aquatic
vegetation.
Permanent pond depths of 10 feet or more in various places will provide secure year round habitat
for a variety of warm water fish species.
Prepared by: /"----1-4c4 Date: 5Z-2dR
Submitted by: Mitt•
This statement is void if not processed within 1 year.
This analysis does not constitute approval of application.
c: L. Rogstad
C. Grand Pre
41906 09
f ponC
I1 r
g (
.) cR aO ---------
Pond
Vj
[ ____, .
I c J
Antv \r
J
5-ha 3
N l
1 I Pond A \ I L'^
I
i
i
I
Ili
'5
\-___,,,,_
vpal.el,:n 514.1,I.: Fer
3 Ill,;,. Pa.d D .,t, nee, \--------- ---------<>. I
Pond A , Pe...,,f a-v" be#r.ean I
O',3 F e e f fence i .------.,
Pe+1 )3 airy p.o/,oaoT
1 bon d A ay/�.ay 534,000r
Crv9Lr; 198y
r/-ray &hSi L... I • Opercii:n. SeLe,...i;' / —4
M.),I /Rl3 i n
SN" 9184 Pand
i ' 1 1 1 I-T1
Grusin, 6a/dn.ry✓ Weenv. /ua/c..v. /oa sl...ke.
G[ ss
era pc. b....4 y 1
/ co A•.l r <.
Co' 3Ma4 DloSd \
S,ut awb 14441 f
Gen. -- r.til<.
: �,:e 99cn9 ,
EXHIBIT K
CLIMATE
A. Seasonal Precipitation
Weld County has a climate consisting of semiarid steppe with moderately cold winters
and warm summers. The area has low relative humidity and less than 15 inches of
precipitation a year. The precipitation is mainly in the form of thunderstorms, occasionally
accompanied by hail and strong winds. Most of the precipitation occurs during the 140 day
growing season. This amount is sufficient to support native grasses and shrubs.
B. Temperature Ranges
Seasonal temperatures range between an average of 23.8° F. in January to 74.8° F. during
July. Periodic extremes find temperatures falling near zero a few days each winter and
summer hot spells in the 90's, lasting one to two weeks.
EXHIBIT L
RECLAMATION COSTS
Due to the type of proposed reclamation, the site conditions and final land use, the cost of
reclamation is expected to be minimal. Good management and control during the operation by the
mining supervisor will minimize the expense to Weld County.
•
Reclamation costs are estimated to be as follows:
Site Preparation $ 50.00/acre
Fertilization, seed and planting $470.00/acre
Mulch $ 60.00/acre
$580.00/acre
Attached is a performance warranty that guarantees reclamation at the site by Weld efiaoci
EXHIBIT M
COMPLIANCE WITH LOCAL ZONING
OTHER PERMITS AND LICENSES
Weld County has applied for storm water and wastewater discharge permits from the Colorado
Department of Health and Environment, Water Control Division. The County has also applied for
an Air Pollution Permit from the Colorado Department of Health, Air Pollution Control Division.
An application has been submitted to the Weld County Planning Department
EXHIBIT N
SOURCE OF LEGAL RIGHT TO ENTER
gge&o 9
7ERMISSION FOR ENTRY UPON REAL PROPERTY
THE UNDERSIGNED hereby gives permission for the COUNTY OF WELD and the WELD
COUNTY DEPARTMENT OF ROAD AND BRIDGE to enter upon the following described real
property: Zk,.b.i1 Beason See 1f
For the purpose of: P,;p,;,,i •#est 1.n/ic 74.0 fa".de 41.4A
esa t ia.t 4 12 r :L,e C. N_ !mini/ g•i dm./
Date: 3 - /V- fa
(Signature)
Address:
9301 ciPar
Fr Aitattic Co ra`4r
()go(,1)
. O .O2LO . it/ ! 7$
MINING LEASE FOR"BEARSON" PROPERTY FOR SAND GRAVEL AND AGGREGATE
THIS LEASE made the 9th day of November , 1998 between Darrell L.
Bearson and Nelva M.Bearson of 9208 Weld County Road 25, Ft. Lupton, Colorado County of Weld,
State of Colorado, (hereinafter referred to as"BEARSON")and BOARD OF COUNTY
COMMISSIONERS OF WELD COUNTY, COLORADO, a body corporate and politic operating pursuant to
the laws of the State of Colorado and the Weld County Home Rule Charter, doing business at 915 Tenth
Street, City of Greeley, County of Weld, State of Colorado, hereinafter referred to as "COUNTY."
BEARSON, in consideration of the Agreement set forth herein to be kept and performed by COUNTY, and
of the payment of royalties by COUNTY as provided herein, and subject to the terms, conditions, and
provisions, contained herein, leases to COUNTY that certain tract of land situated in Weld County, State of
Colorado, which is particularly described in Exhibits"A"attached hereto and made a part hereof, for the
purposes of mining, removing, processing, storing, and marketing therefrom all sand, gravel, and
aggregate, all of which are herein referred to as materials.
1. TERM OF LEASE-This Lease shall be in effect for a period of seven years from the date
of regulatory approval or six months after the date of signature whichever is earlier. Should
COUNTY be delayed in obtaining a Mined Land Reclamation Permit by reason of an
administrative denial and the need to appeal such decision, BEARSON agrees to toll the
running of the term during the administrative delay for a time not to exceed one year. This
lease constitutes the sole and exclusive right to prospect and remove materials during its
term. Mining shall be completed within five years of the effective date of this agreement but
materials may be stockpiled and removed during the sixth and seventh years of this lease.
The term of the lease may be extended upon the request of the COUNTY on a year to year
basis by written consent from BEARSON, which consent shall not be unreasonably
withheld
2. CONSIDERATION -Consideration for this lease in hand paid is hereby acknowledged in
the amount of$10.00. Royalties under the lease shall be $.45 (forty-five cents) per yard
removed from the property. Annual royalty payments, including deferred payments, shall
not exceed $50,000 per year in any one year and the excess shall be deferred to the
following year on a first in first out basis and may be continued (at BEARSON'S option)
past the term of the lease for a period of time not to exceed five years. Notwithstanding the
foregoing, an initial payment prior to mining shall be made in the amount of$10,000.00 to
be credited against the royalty payments. COUNTY shall maintain and make available to
BEARSON records of material removed from the property. Additional consideration for the
lease on the part of the County will be provided in the form of the 2'/ acre parcel
described in ¶ 1 of the INTERGOVERNMENTAL AGREEMENT, dated July 6, 1998 by and
between Weld County by and through its Board of County Commissioners hereinafter
referred to as"Weld County,"and the Ground Water Management Subdistrict of the Central
Colorado Water Conservancy District, and additional consideration by Bearson shall be
provided in the form of the easements described in¶1 of the INTERGOVERNMENTAL
AGREEMENT, dated July 6, 1998 by and between Weld County by and through its
Board of County Commissioners hereinafter referred to as"Weld County," and the Ground
Water Management Subdistrict of the Central Colorado Water Conservancy District.
3. SURFACE RIGHTS OF COUNTY-COUNTY may clear brush, trees, undergrowth, fences
internal to the property, corrals, and other improvements, as may be reasonably necessary
to explore for materials or to locate pits and stockpile in processing areas and in order to
obtain access to these premises, and to carry on its operations hereunder, COUNTY shall
have the right to make use of all roadways presently existing on the leased premises, and
shall have the further right to build such additional roads as may be necessary for the
Bearson Lease-2
production and removal of materials hereunder. In building such roads, COUNTY may use
materials from the leased area, and shall not be required to pay any additional royalties for
materials so used. COUNTY may maintain and operate rock crushing and screening
equipment on the leased premises, if it should so desire, to process materials thereon.
This right shall not include the right to operate or maintain any concrete or asphalt batch
plant on the premises. COUNTY may, subject to the provisions contained herein, also
erect such buildings and install such machinery and equipment as may be useful in
connection with its operations hereunder.
4. WATER-BEARSON represents that they own sufficient interest in the Lupton Meadows
Ditch to provide water for augmentation to avoid injury to other water users from
evaporative water loss from the completed gravel pits. BEARSON also agrees to make
water available for the term of the Lease for the purposes of dust abatement for the
premises and access roads to the premises. BEARSON agrees to convey twenty-six
shares of Lupton Meadows Ditch along with any dry up covenants and transfer documents
to transfer shares and to cooperate to provide evidence of prior water use and testify in
water proceedings as made be deemed necessary by the COUNTY. COUNTY will be
responsible for obtaining any necessary substitute supply plan, augmentation plan or water
supply agreement.
5. PERMITS-COUNTY shall be responsible for obtaining all necessary State, COUNTY, and
Federal permits for the operation on the subject premises at its own expense. Weld
COUNTY shall exercise reasonable diligence in obtaining all necessary permits in a timely
fashion. The operation on the premises shall be conducted in compliance with those
permits as may be determined by the agency legally responsible for enforcing those
permits. BEARSON agrees to cooperate with Weld COUNTY and to execute any
necessary documents to assist Weld COUNTY in obtaining the necessary permits.
6. PROTECTION AND RESTORATION OF SURFACE -COUNTY will be responsible for
restoring the premises in accordance with a reclamation plan approved by the Colorado
Mined Land Reclamation Board or Division as determined by that agency. BEARSON shall
be consulted by the COUNTY in the preparation of said plan .
7. REMOVAL OF IMPROVEMENTS AND EQUIPMENT-All improvements and equipment
placed on the leased premises by COUNTY, except fences, and gates, shall remain the
property of COUNTY and COUNTY shall have the right to remove such property prior to
the expiration of this Lease.
8. INDEMNIFICATION OF BEARSONS-COUNTY agrees to indemnify BEARSON against
liability on all claims for damages and injuries to third persons or third persons' property
claimed to have resulted from the acts or omissions of COUNTY or its agents or employees
in conducting the mining operation during the term of this lease.
9. FENCING-COUNTY shall have the right to remove all fencing on the property during the
course of the operation, with the exception of fencing along the eastem boundaries of the
property. COUNTY agrees to restore the three strand barbed-wire fence along the west
property line of the premises once operation is completed unless such requirement is
waived by BEARSON.
10. USE OF SURFACE BY BEARSON - BEARSON may continue use of the surface of the
premises for the first six months of the term or until the permits are obtained, whichever is
Bearson Lease-3
later, provided there is no interference with the exploration, survey and planning for the
mining operation. Thereafter, BEARSONS shall not use the surface of the premises during
the term of the Lease except as written consent is given by.the Director of the Public Works
Department for COUNTY. This shall not preclude from inspecting the premises to
determine compliance with this Lease provided such inspections do not interfere with the
operations or create a safety hazard for Weld COUNTY or its agents or employees or the
BEARSONS.
11. SURRENDER-COUNTY shall have the right to surrender this Lease at any point to the
BEARSON upon written notice provided that all restoration, other than planting, pursuant to
paragraph 6 herein, has been completed in accordance with the Mined Land Reclamation
Permit. Provided, further, that should the COUNTY have partially excavated either of the
proposed pits prior to surrender, it shall excavate that pit to a minimum size as designated
herein or pay the sum of$10,000 as liquidated damages and not as a penalty. The
minimum size for pond "A"shall be ten acres and the minimum size of pond"B" shall be
three acres. Upon surrender under this paragraph, County shall transfer back to Bearson
all shares of Lupton Meadows Ditch Company not required to augment the water loss
from the excavated ponds._
12. DEFAULT BY COUNTY - In the event that default occurs in the performance of Sections 2,
3, 5 and 6 of this Lease by COUNTY, BEARSON shall have the right to give a 180-day
notice in writing to COUNTY, demanding the correction or removal of such default. In the
event COUNTY fails to correct or remove such default within such period, BEARSON may,
at their option, terminate this Lease by notice and the tendering of a sum equivalent to the
fair market value of the sand, gravel, and aggregate still in place at the time of termination.
If this Lease is terminated by BEARSON pursuant to this section, the BEARSON shall have
no further right to remedies against COUNTY except the forfeiture of this Lease. COUNTY
shall have sixty days after such termination within which to remove any plant, structures,
equipment, or stockpile sand, gravel, or aggregate placed on the leased premises by
COUNTY.
13. DISCHARGE OF WATER-COUNTY shall have the right to discharge waters pumped from
the ponds created by the mining operation on the premises over and across adjacent
property held by BEARSON, to the South Platte River and BEARSON agree to grant an
easement in gross for that purpose.
14. ACCESS-County shall access the parcel east from Weld County Road 25 in an area south
of the existing pond. Bearson claims a 20' easement along the north 20' of the S ''/s of the
S Y:of the SW 1/4 of sec 18 T2N, R66W of the 6th PM Weld County, Colorado which may
be used by the County but Bearson expressly withholds any warrenty that the easement is
legally available for County use. The County may also utilize the existing Drive South of
the Pond which lies in that portion of Lot 7 of the Lupton Meadows Subdivision lying west of
the South Platte river in § 18, T2N, R65W of the 6th PM, Weld County, Colorado.
15. NOTICE-Notice required to be given under this lease shall be accomplished by mailing,
certified mail return receipt requested, to the following addresses:
COUNTY: Board of County Commissioners
P. 0. Box 758
Greeley, CO 80632
991)4965
•
Bearson Lease-4
Copy by First Class mail to:
Weld County Attorney
915 Tenth Street P. 0. Box 1948
Greeley, Co 80632
BEARSON:
Copy by First Class mail to:
Darrell L. Bearson and Nelva M.Bearson
9208 wcr 25
Ft Lupton CO
80621
Change of address shall be given by mailing of notice of such change.
15. Reservation of Other Minerals to BEARSON This Lease pertains only to the removal of
sand, gravel, and aggregate. All other minerals located on the property are reserved unto
BEARSON
16. Warrentv of Title to Sand , Gravel and Aggregate. BEARSON warrants that they possess an
indefeasible estate in fee simple in and to all interest in the sand, gravel,and aggregate on the
subject property and have good right and full power to lease same. BEARSON shall indemnify
COUNTY and pay all claims and costs of defense for any causes of action arising out of any
third parties' claims to said materials, shall warrant quiet and peaceable possession to the
COUNTY under the terms of this lease, and will defend title thereto against all persons who
may lawfully claim the same. Further, BEARSON state that the property is free and clear from
any encumbrance affecting the right of the COUNTY to remove materials. This lease is
contingent on COUNTY's obtaining satisfactory title insurance at COUNTY's sole expense.
Lessor makes no warranties as to the quality or quantity of sand, gravel, and aggregate at the
property.
17. Waiver of Trespass and Nuisance Claims BEARSON recognizes that the operations
contemplated by the lease may, even when conducted in accordance with regulatory
requirements,cause interference with adjacent land uses. BEARSON hereby waives any tort
including trespass and nuisance claims based upon such interference but, in so doing,
expressly reserve any cause based upon this lease and the right to seek administrative
remedies from the agencies responsible for regulating such operations. Notwithstanding the
preceding, BEARSON do not waive any trespass or nuisance claim based upon the willful and
wanton or grossly negligent acts of the County or its employees.
18. VENUE-Venue for any dispute arising under this lease shall be proper in and for the District
Court in and for the County of Weld, State of Colorado, 19th Judicial District
19. LEASE BINDING-This lease is intended to be binding on the heirs,personal representatives,
and successors in interest to the parties hereto.
20. CLOSING-Closing shall occur within ten days of final execution of this agreement at a mutually
acceptable time and place.
99e)66)5
•
Bearson Lease-5
ATTEST: COUNTY OF WELD, STATE OF
COLORADO by and through
the Board of County Commissioners of
w d c/o-7 t Board the County of Weld
By: g.� Bygadz,z-G
ep o e oard Constance L. Harbert, Chair
(11/09/98)
By: gei,..e.,a
Darrell L. Bearson
By. ern, d .
Nelva . Bearson
STATE OF COLORADO )
County of Weld ) ss.
The forgoing instrument was acknowledged before me this 2 2 day of Qjeer ,
1998, by Darrell L. Bearson and Nelva M. Bearson.
Witness my hand and official seal.
de/LEY
Notary Public
My commission expires:
// - fG • /5' f7
M1WPFILES\WATER\BEARSON.WRD
crio6.0 i
EXHIBIT 0
OWNERS OF RECORD OF SURFACE AND SUBSURFACE
Bearson, Darrell-owner
EXHIBIT P
MUNICIPALITIES WITHIN TWO MILES
There are not any municipalities located within two miles of the gravel pit.
• WELD COUNTY
COMMISSIONERS
NOTICE OF FILING APPLICATION 1999 JAN 12 All 8: 50
FOR COLORADO MINED LAND RECLAMATION PERMITCLERK
FOR REGULAR (112) CONSTRUCTION MATERIALS ErnacriairifibikiIIDou
NOTICE TO THE BOARD OF COUNTY COMMISSIONERS
Weld COUNTY
Weld County (the "Applicant/Operator") has applied for a Regular
(112) reclamation permit from the Colorado Mined Land Reclamation Board (the
'Board") to conduct the extraction of construction materials operations in
Weld County. The attached information is being provided to
notify you of the location and nature of the proposed operation. The entire
application is on file with the Division of Minerals and Geology (the "Division" )
and the local county clerk or recorder.
The applicant/operator proposes to reclaim the affected land to
wildlife habitat use. Pursuant to Section 34-32 .5-116 (4) (m) , C.R.S. , the
Board may confer with the local Board of County Commissioners before approving
of the post-mining land use . Accordingly, the Board would appreciate your
< tents on the proposed operation. Please note that, in order to preserve your
r-,nt to a hearing before the Board on this application, you-must submit written
comments on the application within twenty (20 ) days of the date of last
publication of notice pursuant to Section 34-32-112 (10) , C.R.S.
If you would like to discuss the proposed post-mining land use, or any other
issue regarding this application, please contact the Division of Minerals and
Geology, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567 .
EOTE TO APPLICANT/OPERATOR: You must attach a copy of the application form to
this notice. If this is a notice of a change to a previously filed application
you must either attach a copy of the changes, or attach a complete and accurate
description of the change.
06/26/97 13079-112
fig/)&09
NOTICE OF FILING APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT
FOR REGULAR (112) CONSTRUCTION MATERIALS EXTRACTION OPERATION
NOTICE TO THE BOARD OF SUPERVISORS
OF THE LOCAL SOIL CONSERVATION DISTRICT
Weld DISTRICT
Weld County (the "Applicant/Operator" ) has applied for a Regular
(112) reclamation permit from the Colorado Mined Land Reclamation Board (the
"Board") to conduct the extraction of construction materials operations in
Weld County. The attached information is being provided to
notify you of the location and nature of the proposed operation. The entire
application is on file with the Division of Minerals and Geology (the "Division" )
and the local county clerk or recorder.
The applicant/operator proposes to reclaim the affected land to
wildlife habitat use. Pursuant to Section 34-32 .5-116 (4) (m) , C.R.S. , the
P •d may confer with the local Soil Conservation Districts before approving of
t. post-mining land use. Accordingly, the Board would appreciate your comments
on the proposed operation. Please note that, in order to preserve your right to
a hearing before the Board on this application, you must submit written comments
on the application within twenty (20) days of the date of last publication of
notice pursuant to Section 34-32-112 (10) , C.R.S.
If you would like to discuss the proposed post-mining land use, or any other
issue regarding this application, please contact the Division of Minerals and
Geology, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567 .
NOTE TO APPLICANT/OPERATOR: You must attach a copy of the application form to
this notice. If this is a notice of a phange to a previously filed application
you must either attach a copy of the changes, or attach a complete and accurate
description of the change.
WEST GREEI.EY
s0(LCONSERVATION DISTRICT
4302 W.9th St RD-
80R34
GREEUXJ*
06/26/97 1307F-112 •
of
c1906,09
st.
EXHIBIT R
PUBLIC
• PHONE WO 9 O)3564 RKS DEPARTMENT
00 00
,
COLORADO FAX: (970) 352-2868
933 NORTH 11TH AVENUE
P.O. BOX 758
GREELEY, COLORADO 80632
•
STATE OF COLORADO)
) ss
COUNTY OF WELD )
In Weld County,the Clerk to the Board performs those functions relevant to Board of
County Commissioner records and actions, which are normally performed by the Clerk and
Recorder, therefore, the entire application, as attached, is on file with the Weld County Clerk to
the Board.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said
County at Greeley, Colorado, this 24th day of July, 1995
CLERK TO THE BOARD f ( rti
ry e,r19
BY:
DEPUTY CLERK TO ": ►°mv G'\\
EXHIBIT S
PERMANENT MAN-MADE STRUCTURES
There are not any permanent man-made structures on site. The County will not be constructing
any permanent structures on site.
g9c61o9
DARCY A. TIGLAS
5015 Swainsona Drive
Loveland, Colorado 80537
970-635-9183
August 25, 1997
Mr. Greg Nelson
Weld County Public Works Department
933 N. 11th Ave.
Greeley, CO 80632
RE: Acceptance of Spiranthes diluvialis Survey Results for the Bearson Property
Dear Mr. Nelson:
Enclosed please find a copy of the U.S. Fish and Wildlife Service(USFWS) letter which concurs
with the survey results that the Ute ladies'-tresses will not be adversely affected by the mining
of the Bearson Property.
If you have any questions, or require additional information, please feel free to call me at 970-
635-9183.
Sincerely,
Darcy A. Tiglas
DARCY A. TIGLAS
5015 Swainsona Drive
Loveland, Colorado 80537
970-635-9183
September 24, 1998
Mr. Greg Nelson
Weld County Public Works Department
933 N. 11th Ave.
Greeley, CO 80632
RE: One copy of the Preble's Meadow Jumping Mouse Survey Report
Dear Mr. Nelson:
Enclosed please find a copy of the Preble's Meadow Jumping Mouse Survey Report for the
Bearson Gravel Pit. I have submitted copies to the U.S. Fish and Wildlife Service, Colorado
Division of Wildlife, and the Colorado Natural Heritage Program for their review and
information. No Preble's individuals or populations were captured during the survey period.
If you have any questions, or require additional information, please feel free to call me at 970-
635-9183.
Sincerely,
ACC64 tOk
Darcy A. Tiglas
09060
j United States Department of the Interior
li� ,
..� •r FISH AND WILDLIFE SERVICE
s• AC6 7 2 1991
Ecological Service.
Colorado Field Office
P.O.Box 25486
Denver Federal Center
Denver,Colorado 80225-0207
ES/CO:ES/Species/Plants/
Spin nthea diluvialis/
Survey Reports
Mail Stop 65412
Darcy A. Tiglas
5015 Swainsona Drive
Loveland, Colorado 80537
Dear Ms. Tiglas:
Based on the authority conferred to the U.S. Fish and Wildlife Service(Service)by the Endangered Species Act
of 1973, as amended(16 U.S.C. 1531 et sgg.), the Service reviewed the Ute ladies'-tresses orchid(Spiranthes
diluvialis) survey report for Weld County Public Works' proposed gravel mine on the Bearson property west of
the South Platte River and east of the Koenig Gravel Pit and the town of Voilmar (Township 2 North, Range 66
West, Section 19). As described in the report, the proposed project involves mining aggregate to support the road
resurfacing and construction in Weld County.
The Service finds the habitat survey report acceptable and agrees that suitable habitat for S. diluvialis is not
present within the project area. Thus, the Service concurs with the determination that the proposed project
should not adversely affect the continued existence of this orchid.
We appreciate your submitting this report to our office for review and comment. If the Service can be of further
assistance, please contact Jan McKee at(303) 275-2370.
Sincerely, .ii‘LeRoy W. rlson
Colorado Field Supervisor
cc: U.S. Army COE; Littleton, CO(Attn.: Terry McKee)
Reading File
Project File
Reference:IPM'T&E\ORCHID\1997\SDDT0805.W PF
)999
Hello