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Home My WebLink About981726.tiff RESOLUTION RE: ACTION OF BOARD AT PROBABLE CAUSE HEARING CONCERNING SPECIAL REVIEW PERMIT#897 - CAMAS COLORADO, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on the 16th day of September, 1998, a Probable Cause Hearing was held before the Board to consider setting a Show Cause Hearing to determine whether or not Camas Colorado, Inc., 3605 South Teller Street, Lakewood, Colorado 80235, was in compliance with certain Conditions of Approval and Development Standards contained in Special Review Permit #897 for a gravel mining operation and concrete and asphalt batch plants, and WHEREAS, no use was said to have commenced on property described as part of Section 32 and part of the W% of Section 33, all in Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado, and WHEREAS, after hearing testimony from the Planning Department, the Board deems it advisable to grant a six-month extension of time to allow the applicant sufficient time to complete and comply with all Conditions of Approval, record the plat, and commence the use on said property, and WHEREAS, at the end of the six month extension of time, planning staff may determine if further action is necessary. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that a six month extension shall be granted to allow the applicant sufficient time to complete and comply with all Conditions of Approval, record the plat, and commence the use on said property for Special Review Permit#897 held by Camas Colorado, Inc. BE IT FURTHER RESOLVED by the board that at the end of the six month extension of time, planning staff may determine if further action is necessary. 981726 ex, Pk.' 4�, A PL0687 PROBABLE CAUSE HEARING - CAMAS COLORADO, INC. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of September, A.D., 1998. BOARD OF COUNTY COMMISSIONERS WD COUNTY, COLORADO, / t ATTEST: i ' l��ha�"T�,o._U �, aat" t 1 f) Constance L. Harbfert, Chair :1 :tjp ..J l W. H. W bs er -Te�,6C11m . org Baxter J_ , APPROVE AS, ORM: aK. all Fr"at aar - A��k 4k �GjG% /Barbara J. Kirkmeyer ,% 981726 PL0687 hhttleApplegate,Inc. Consultants for Land,Mineral and Water Development September 9, 1998 Barbara Kirkmeyer Weld County Board of County Commissioners r 915 10th Street Greeley, CO 80631 RE: Probable Cause Hearing for USR-897 Dear Commissioner Kirkmeyer: This letter iswrittenas request for a th the Board of County Commissioners ersrson to consi er 1111110Site Specific Development Plan and Special Use Permit for Sand and Gravel Mining and Concrete and Asphalt Batch Plants. This Special Use Permit was approved by the Board in March of 1990. The permit was approved with numerous conditions that are taking a considerable amount of time to adhere to. Just recently many of these have been accomplished. We would appreciate the opportunity to appear before the Board to demonstrate that the intent to mine this property was never abandoned and that the reason the permit never commenced is due to the numerous Conditions of Approval that needed to be adhered to. With this letter we also waive our right to notification of the hearing by the Board. We appreciate the opportunity to appear in front of the Board on September 16, 1998, and look forward to a confirmation of this hearing. Cordially, TUTTLE APPLEGATE, INC. q j. lidtk Gary J. "['uttle cc: Mike Refer, CAMAS Connie Davis, CAMAS File#98-181 981726 11990 Grant Street, Suite 304 • Denver, Colorado 80233 • (303) 452-6611 • Fax (303) 452-2759 EXHIBIT INVENTORY CONTROL SHEET Case /Iei{11JO e . Of 10. A7 (IV # 397ot +' ' 2 Ohc . Exhibit Submitted By Exhibit Description A. bLaitua Sits — /t ,)Ja , r ,,�� i-- ��.4 171p id B. o '-jto _ . r k it (U Li j C. jkL-tf:'E.44 c , � c AS- (sdauisae rt 9Je ccC 3 D. f)Guifun,q LG � il�iltio v load Eav, (i� I E. F. G. H. J. K. L. M. N. O. P. Q. R. S. T. 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Consultants for Land,Mineral and Water Development September 11, 1998 Barbara Kirkmeyer Weld County Board of County Commissioners 915 10th Street Greeley, CO 80631 RE: Probable Cause Hearing for USR-897,A Site Specific Development Plan and Special Use Permit for Sand and Gravel Mining and Concrete and Asphalt Batch Plants Dear Commissioner Kirkmeyer: Attached, you will find correspondence during the last six Years that demonstrates CAMAS's interest in commencing the above described Special Use Permit. Please add this information to our request for a Probable Cause Hearing with the Board of County Commissioners on • September 16, 1998,at 9:00 a.m. If you have additional questions please do not hesitate to call. Thank you for your time and consideration in this matter: Sincerely, TUTTLE APPLEGATE,INC.' S ani L. Bastin r . P anner cc: Weld County Planning Department File#98-181 11990 Grant Street, Suite 304•Denver, Colorado 80233• (303)452-6611 • Fax (303) 452-2759 SEP-11-88 10. 1E FROM.BITUMINOUS ROADWAYS ID.3038800038 PAGE 2/17 CAMAS Colorado,Inc. Support Services Group 3605 South Teller Swat Lakewood Colorado 80235 Telephone(303)905.1070 Facsimile(303)9804002 S CAMAS :OLORADO September 10, 1998 Mr. Gary Tuttle Tuttle Applegate,Inc. 11990 Grant Street,#304 Denver,CO 80233 Re: Weld County Probable Cause Hearing for CAMAS Colorado,Inc. - WW Farm Dear Gary: In an effort to document the progress we have made towards finalizing the zoning conditions with regards to the WW Farm property, I have listed in chronological order the events that have taken place to date. As you are aware this property was purchased for future sand & gravel mining and we paid a price that is reflective of the royalty rates in the area for permitted and zoned properties. October 1994—CAMAS America, Inc.purchased from C& M Companies, WW Fann and other sand& gravel properties and ready-mix concrete batch plants. The new entity was organized as C&M Aggregates,Ltd. and was managed by a former C&M Companies employee. June. and July 1995 — Correspondence between C & M and Division of Minerals and Geology requested Succession of Operator from C & M Companies to C & M Aggregates, Ltd. Request was denied as C & M Companies never posted the required bond. DMG required a public hearing to reconsider permit approval. Subsequent correspondence indicated that the previous bond amount would be insufficient as water augmentation requirements would have to be reevaluated. We encountered difficulties with the water evaluation and decided to withdraw our application. August 1995—We retained the services of a water attorney,Tim Flanagan with KUTAK Rock to change the name on the Application for Water Rights of C & M Aggregates, Ltd. This was approved August 28, 1995. pN W 4JAI OPPORIVNITY PIPLOYSR MA OM4AT1 INWtulles Cpm .7 SEP-11-88 10+ 1B FROM.BITUMINOUS ROADWAYS ID- 303880003S PAGE 3/17 S Page two CAMAS February 1996—Still trying to resolve differences with objectors to our water rights case,Central Water Conservancy district and the Greeley Irrigation Company(see letter). December 1996— C & M Aggregates, Ltd. was dissolved and its real and personal property was conveyed to CAMAS Colorado, Inc. At this point the entity would be managed by Cooley Gravel Company,another CAMAS Colorado company. September 1997—Request consultants with Tuttle Applegate, Inc. to review WW Farm files and assist CAMAS with getting all remaining issues resolved and finalize all zoning and permitting issues. January 1998 — Neighbor, Chris Elder objecting to our efforts to resolve water issues. We believed that by modifying Lake #5 that Elders claims were mitigated. May 1998 — CAMAS Colorado, Inc. purchases Bestway Paving, Greeley, Colorado assets. CAMAS now has construction outlet for WW Farm sand & gravel. Obtaining final approvals is at critical stage. June 1998— CAMAS gives WW Farm priority status to Tuttle Applegate to expedite permitting and zoning issues. Although the issues we've been working on have been somewhat difficult, I believe that everything that needs to be resolve has been identified and we should be able to proceed with filing the plat in Weld County and reapplying for the DMG mining permit. Let me know if you need anything else. S' cerely, ._sue Michael C. Re , M uger SEP-II -Se 10 . 18 FROM.BITUMINOUS ROADWAYS ID: 303E180003B PAGE 4/17 LAW OFFICES OF FOWLER, SCHIMBERG& FLANAGAN DANIEL M.FOWLER' PROFESSIONAL CORPORATION tECCPHONE TIMOTHY P.$CHIMSER6 SUITE 300 (303)i•S•11S03 TIMOTHYJ.FLANASAN, T[LEFA.c ALDO P.DELPICCOLO I SOO WAKE (303)HS S74S CATHERINEATALLERIco DENVER,COLORADO sown INTERNET KATHERINE TAILOR EVSANI. fsipc®ieA.nel MIN E.WIDMANN SVSAN R.MAHN wwra... vino Ree Nvnowwewe MavTww January 23, 1998 Mr. Michael C. Refer Manager of CAMAS America, Inc. Support Services Division c/o Cooley Gravel P.O. Box 5485 Denver, CO 80217 Re: CONCERNING THE APPLICATION FOR WATER RIGHTS OF C&M READY MIXED CONCRETE COMPANY OF BOULDER, IN WELD COUNTY, COLORADO . Case No. 90-CW-023 Dear Mike: I got a note recently from Ray Liestnan indicating that I should add Chris Elder to the mailing list in the above captioned matter as an objector. On Friday, January 23, 1998, I spoke with Referee Liesman and explained that before CAMAS had acquired this interest from C&M Ready-Mixed, there was an indication in the file that C&M had settled with Mr. Elder and there was a withdrawal of Statement of Opposition in the file. I told Ray that Ihad recited that in the proposed Decree and that is Why Mr. Elder was not on the mailing list. Apparently Ray's interest was precipitated by a telephone call from Mr. Elder(who runs a fish farm and a pheasant hunt and release) near the subject property who is inquiring about the status of one of his cases and then asked Ray about this case. Mr. Elder is not represented by counsel and apparently was under the impression that be was somehow still a party to this proceeding. I confirmed with Ray that there was a withdrawal and until something more happened, I was going to honor that agreement and Mr. Liesman agreed. 6EP-11-SB 10. 16 FROM.BITUMINOUS ROADWAYS 1D.3038600036 PAGE 6/17 Mr. Michael C. Refer January 23, 1998 Page 2 I point this out to you just in case you have a potential problem brewing with a neighbor up on the Cache La Poudre. Very truly yours, Timothy J. Flanagan TJPltc Enclosure SEP-11 -88 10. 18 FROM!BITUMINOUS ROADWAYS ID=3039800038 PAGE IS/17 CAMAS int Support Services Group-West Centre;Region 360S South Teller Street Lakewood Colorado U0235 Telephone(303)9150.2424 Facsimile(303)9B0-0002 PACSIMILE - CAMAS TO Ms.Pam Acre COMPANY Tuttle&Applegate FACSIMILE NUMBER 452-2759 FROM Mike Refer DATE September 8,1997 NO.OF PAGES(INCLUDING COVERSHEET) 8 MESSAGE Attached are the last two communications with DMG concerning WV/Farm. After you've had a chance to review,give me a call and we'll discuss how to proceed. Thanks, Safety must be ton de highest Gib and rearm 6M watldennien at ae times. �.mnevreeOrms CAM.Aggegates LW Cooley Gravel Company Flamm.Reseyte4 Lemma/ atr-al-aa It. 1Y IROM.S1TUMINOUe ROADWAYS ID. 3039900039 PAGE 7/17 • DISTRICT COURT, WATER DIVISION NO. I, STATE OF COLORADO Case No. 90-CW-047 PROOF OF SERVICE CONCERNING THE APPLICATION FOR WATER RIGHTS OF C & M READY MIXED CONCRETE COMPANY OF BOULDER, IN WELD COUNTY, COLORADO. This will certify that the undersigned has been served a copy of the attached Order by first class United States mail, postage prepaid, on this 30th day of August, 1995 to: Kim R. Lawrence, Esq. Lind, Lawrence & Ottenhoff The Law Building 1011 Eleventh Avenue Greeley, Colorado 80631 Wayne D. Williams, Esq. Michael L. Walker, Esq. Henry C. Teigen, Esq. 1600 West 12th Avenue Denver, Colorado 80254 David W. Robbins, Esq. Mark J. Wagner, Esq. Hill & Robbins, P.C. 1441 - 18th Street, Suite 100 Denver, Colorado 80202 Michael D_ White, Esq. Austin C. Hamm, Esq. White & Jankowski 511 Sixteenth Street, Suite 500 Denver, Colorado 80202 atr-11-aa 10' 11 FROM.BITUMINOUS ROADWAYS ID' 3039900039 PAGE 9/17 Jennifer L. Gimbel, Esq. First Assistant Attorney General Natural Resources Section 1525 Sherman Street, 5th Floor Denver, Colorado 80203 Evan Ela, Esq. 9500 Civic Ctr. Thornton, Colorado 80229 KUTAK ROCK 1 t By. cu, Timothy J. Fl an, No. 6356 717 17th Street, Suite 2400 Denver, Colorado 80202 (303) 297-2400 SEP-11-88 10 . 17 FROM.91TUM1NOU8 ROADWAYS ID= 3038E100038 PAGE 9/17 `E!" ''• WELD COUNTY DISTRICT COURT, WAT ER DIVISION NO. 1, STATE to CMORADO Case No. 90-CW-047 95 AUGpg A 8 : 02 ORDER CONCERNING THE APPLICATION FOR WATER RIGHTS OF C & M AGGREGATES LIMITED, IN WELD COUNTY, COLORADO. The Court having considered the NOTICE OF CHANGE OF OWNERSHIP,MOTION TO WITHDRAW AND ENTRY OF APPEARANCE AND SUBSTITUTION OF PARTY hereby enters the following order; 1. The motion of Holme Roberts & Owen to withdraw its appearance in this matter on behalf of C & M Ready Mixed Concrete Company of Boulder is hereby granted; 2. C & M Aggregates Limited, a Colorado limited partnership is hereby substituted in the place of C & M Ready Mixed Concrete Company of Boulder. The caption in this proceeding is to be modified as set forth above; and 3. The entry of appearance of Timothy I. Flanagan, P.C. and Kutak Rock on behalf of C & M Aggregates Limited isis�hereby noted. Dated this A day of Mee,1995. BY THE COURT: swot of (N3wig 09.P ,onotN z tio• }16R� ccv'+ 'Li' C CRC-v. P• f ymond S. Li hall sr Dvivo vo 7, ott mmun$ BEP-11 -98 10. 17 FROM ITUM I NOUS ROADWAYS I D: 3039E10003B PAGE 10/17 KUTAK ROCK •OAMTHEfUni* 6TLANT4 INOLUCINA 01100t.sIONAL CO11000ATIONs K*N.AE City SUITE 2000 Urn.nOOY 717 SEVENTEENTH STREET NEW TOMY 141.A1.DENVER. COLORADO SO2023329 O OMrnAN* pnv wnw 303-297-2400 IINTENIA PI/MullFACSIMILE 303-E02.7722 WA5MINO OI WI.EYINOTON February 27, 1996 William H. Southard, Esq. 309 United Bank Building Greeley, Colorado 80631 Re: C&M Ready Mixed Concrete Company of Boulder/W.W. Farm Case No: 90=CW-023 Dear Bill: As a follow up to the status conference on February 26, 1996, I enclose a copy of the engineering report I referenced. This was done by Tuttle Applegate, Inc. and circulated to the parties in October of 1991. I am also trying to find about my client's mining plans to see what assurances I can give you about maintaining the integrity of the Greeley No. 3 Canal. Very truly yours, Timothy J. Flanagan baw Enclosure • cc: Mr. Michael C. Refer • • 02/96336 SEP-11-98 10 , 18 FROM:BITUMINOUS ROADWAYS ID: 3039E100038 PAGE 11,17 KUTAK ROCK A PARYNER{NIP ATLANTA ,NCWOINO PROPEISSIONAL CORAORAY:ONS KANOAS CITY SUITE 2l00 LRTLE ROCK 717 SEVENTEENTH STREET NEW YORK OKLAHOMA CITY DENVER, COLORADO 00202-332D OMAHA 303-297-2400 PHOENIX FACSIMILE 3034112-r 709 WAEHINOTON February 27, 1996 Mr. Michael C. Refer Manager of CAMAS America, Inc. Support Services Division c/o Cooley Gravel Company P.O. Box 5485 Denver, Colorado 80217 Re: C&M/W.W. Farm Case No. 90-CW-023 Dear Mike: This matter came up for a status conference before Referee Liesman in Water Division No. 1 on Monday, February 26, 1996. Present in Greeley with Referee Liesman was Kim Lawrence (Colorado Central Water Conservancy District) and Dave Nettles (Division Engineer's Office). I attended by way of a telephone conference call along with Austin Harare (City of Thornton), William Southard (Greeley Irrigation Company), and there was no appearance by the City of Greeley who is represented by Bill Bohlender. After explaining the history of this matter, which is set forth in my letter of August 3, 1995 to you, I fielded questions generally. Thornton's interest is to protect the water rights that recently transferred in its "Northern Project," since some of the ditch shares we own are senior to theirs. The Greeley Irrigation Company operates the Greeley No. 3 Canal through this property and its interest is to make sure that the integrity of that facility is maintained. The City of Greeley is a shareholder in the Greeley Irrigation Company and I presume that is their interest. The Central District owns a number of storage pits upstream of this location and, therefore, is competing with our junior water rights. It also owns shares in the W.R. Jones Ditch. Thus, again, it is on both sides of some issues. I did ask that this matter not appear on the Term Day Docket next month and that it be set over until next September. Referee Liestnan agreed to this proposal. mhossa, SEP-II-BB 10 , 18 FROM:BITUMINOUB ROADWAYS ID: 3038800030 PAGE 12/17 KUTAK ROCK Mr. Michael C. Refer February 27, 1996 Page 2 Once again, it appears that at least two of the parties are mainly interested in Issues that would disappear if this project were to be slurry-walled, Let's discuss since I did commit to advise the parties of our plans in writing. Very truly yours, Timothy I. Flanagan baw 02%3N. SEP-11 -SW 1N. le FROM.01 TOM!NOUS ROADWAYS ID• 3030000030 PAGE 13/17 CAMAS America, Inc. Support Services Group-Colorado Region 3609 South Wadsworth Boulevard Suite 300 Lakewood Colorado 80235 Telephone(303)980.2424 Facsimile (303)98041002 July 12, 1995 Ms. Christina Kamnikar Adak Division of Minerals and Geology CAMAS 1313 Sherman Street,Room 215 Denver, CO 80203 RE: Colorado Mining Permit M-89-106, W.W. Farms Dear Ms. Kannnikar: This letter has been written to request a one(1)month postponement regarding the incomplete permit requirements to the above referenced property and the July Board review of such.C&M would like to move our July meeting with the Board to the August schedule.During the interim period,we will decide to withdraw the application or comply with the measures of technical inadequacy outlined in your letter dated June 30, 1995. Please call me at 980-2424 to confirm our requested postponement. Thank you. Sincerely, Cunt L. Coppage Manager of Geology and Resources cc:M. Refer,Support Services Group J. McFarland,C&M Aggregates,Ltd. Post-a"brand fax transmittal memo 7671 Cl=n111 D 6 1101r. -So-2 _ 83Z—s1og a Silo- Woos O' I(orNAL Star y I2.-15- t.wmtnou,Roadway' CaM Ajjnjo4,LW Cooky Growl Company Fkrradvi Rady-MiK Limited LNuw mal C.Nado Lagoon/Dolonda Lakewood Colorado Dawn Coisnde 9EP-71 -Se 10. 10 FROM•BITUMINOUS ROADWAYS ID: 3039E100038 PAGE 14/17 STATE OF COLORADO DIVISION MINERALS GEOLOGY Depanm ent of Natural Resources 1313 Sherman St.,Room 215 lag Denver.Colorado 8020) Phone:(3031 866.3567 FAX:13031832.8106 NA TUR L RESOURCES June 30, 1995 Roy Rrmw Governor Ins S.ATTN: James McFarland a orE1O, C&M Companies MIchos 0.lone 3609 S. Wadsworth Blvd, Suite 300 Division okecso, Lakewood, CO 80235 RE: Colorado Mining Permit M-89-106, Ww Farms Dear Mr. McFarland, Upon a recent review of our files, the Division of Minerals and Geology (DMG) found that C&M Aggregates Limited had a permit still pending from 1990, specifically, M-89-106, WW Farms, in Weld county. In April 1990 your company's permit application was approved pending DMG's receipt of the financial warranty of $155,000.00, and C&M's possession of an executed 99-year lease to the water rights required to fulfill the gravel well permit requirements of the Colorado Office of the State Engineer. This warranty and the confirmation of C&M's water rights lease were never received by our office.As you requested in our telephone conversation of June 21, 1995, the Division has done an adequacy review of your permit application, and we find it inadequate for approval by current standards. The following measures and information would have to be completed prior to the Division' s granting C&M companies a permit for the WW Farms site. 1. An adequate financial warranty for the site must be posted with our Division; and a demonstration of c&M's compliance with laws concerning evaporative water loss for the site must be sent to our office. The previous determination which set the financial warranty at $155,000.00 may be inadequate if a water supply plan or augmentation plan for evaporative loss has not been obtained for the site. If C&M is in compliance with the Office of the State Engineer (OSE) then a $155,000.00 bond must be posted. However, if it is not demonstrated that C&M is in compliance with the requirements of the OSE, then funds for pond liner and a one-time filling of the pond would be required. At this time we can not estimate this bond amount with the incomplete information we have on the technical specifications and the area's water. SEP-11-88 10, 18 FROM.BITUMINOUS ROADWAYS ID 3036180003B PAGE 16/17 2. In order for the current reclamation plan to be followed, an approved augmentation plan and gravel well permit must be obtained from the Office of the State Engineer. Should neither of these be obtained, and backfilling of the ponds become necessary, an entirely new reclamation plan would be required for the backfilling and grading activities. 3 . The Mineral Rules require re-notification of interested parties after a year has passed between the last permit application and its reconsideration. Should C&M Companies wish to follow through with this application, re-notification of federal, state and local agencies would be necessary, as well as the notification of adjacent landowners and the public to allow for public comment on the permit application as if it were a new application. 4. Exhibit M - Other Permits - is incomplete. A list of all of the other permits necessary for mining operations must be sent to DMC. 6. A new Exhibit C (Pre-Mining Map) is required, with all changes and additions to the site since February 20, 1990. This is in compliance with Rule 6.4. 3 of the Colorado Mineral Rules and Regulations: 6. A new Exhibit F (Reclamation Map) is required, with all changes and additions to the reclamation plan since February 20, 1990. This is in compliance with Rule 6.4.6 of the Colorado Mineral Rules and Regulations. 7. Technical specifications for the installation of the pond liners must be sent to our office for review prior to permit approval. 8. A monitoring plan for the alluvial groundwater level monitoring wells along the north border of the site must be submitted, including a schedule of report submittal to our office. 9. The design specifications for the pond construction are inadequate. The reclamation plan specifies that the five ponds formed from mining would have clay liners, and that a tile drain would be installed at the north end of the site should an increase in the piezometric surface be detected at the monitoring wells. It is currently policy to require slurry walls and possibly drains prior to the damming of groundwater which would result from the construction of ponds such as this, or demonstrate that these actions are unnecessary through on-site data analysis. This portion of the reclamation plan must be re-designed. 10. Our office strongly recommends that a new wetlands determination be done by the Army Corps of Engineers, to determine if C&M needs a 404 permit at this time. It is our understanding that the previous determination is no longer valid after five years' time. SEP-1I -SS 10 .20 FROMiBITUMINOUS ROADWAYS ID. 3038130003El PACE 16/17 Please contact DMG as soon as possible with directions on how to proceed with your permit application. If C&M wishes to withdraw this application, no Board hearing will be necessary; but if no action is taken, your application will be scheduled for the July Board hearing, where the Division will recommend denial of your permit application based on technical inadequacy. If you have any questions, contact me at 866-3567, extension 353. Sincerely, J �L Christina Kamnikar Environmental Protection Specialist cc: Carl B. Mount, DMG Barbara D. Chiappone, DMG Michael Refer, C&M companies Linda K. Hebert, Holland & .Hart ocr- moo Iv aW rrcvr,•GI aUNt NUUb KUMUWMYb LU, JNJ9e000Jt1 PAGE 17,17 STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY of Department of Natural Resources Par 1313 Shaman St.,Room 215 Denver,Colorado 80203 Pho*e:1303)886.3582 MAX:(303)832.8106 DEPAPT'MENT OF NATURAL June 22, 1995 RESOUR.CE5 ATTN: James McFarland RO1""K C&M Companies °0"""0 mst3609 S. Wadsworth Blvd. , Suite 300 ENacum Ohatp Lakewood, CO 80235 Michael8.LMR OMHsbn Director RE: Colorado Mining Permit M-89-106, WW Farms, July Mined Land Reclamation Board Hearing Dear Mr. McFarland, Upon receiving your request in March 1995 for a Succession of Operator to permit M-89-106, the Division of Minerals and Geology reviewed our files and found that the specified permit had never been granted, due to a lack of financial warranty, although your permit application had been approved. Because of this, we are required by Colorado Mineral Rules and Regulations Rule 4.1. (2) to schedule a board hearing for reconsideration of the permit approval on Wednesday, July 26, 1995. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado, beginning at 9:00 a.m. or as soon thereafter as the matter can be considered, and you will have the opportunity to be represented and heard. If C&M Companies wishes to withdraw this application, no Board hearing will be necessary; but if no action is taken, your application will come before the Board on July 26, 1995, at which time the Division will recommend denial of your permit application based on technical inadequacy. Please contact our office as soon as possible for details on the Mined Land Reclamation Board Hearing. My phone number is 866-3567, extension 353, it you have any questions. Sincerely, Christina Kamnikar Environmental Protection Specialist cc: Carl B. Mount, DMG Barbara D. Chiappone, DMG Robert Allen, C&M Companies Linda K. Hebert, Holland & Hart ____ 'sc.), Holme Roberts & Owen Suit 4100 Attorneys at Law suite 900 Im Lincoln 50 South Main Street Denver.Colorado 80203 Suite 400 Salt Lake City.Utah 84144 1401 Pearl Street Suit 400 Boulder,Colorado 80302 Denver Technological 102 North Cascade AvenueCenter Colorado Springs.Colorado 80903 Telephone(303)444-5955 Suite 900 8<00 E Telecopier 444-1063East Prentice Avenue Telex 45-4460 Englewood.Colorado 80111 gort ,Richard A.Johnson CM t l CP L ` B February 22, 1993 1., t. . V (JJ t l 03 Mr. Norm Roche II C&M Mining P.O. Box 490 7916 Niwot Road Niwot, Colorado 80544 ' Re: Application for Water Rights of C&M Ready Mixed Concrete Company of Boulder, Case Nos. 90CW023 and 90CW047 Dear Norm: I am sorry you were not able to join Mike Applegate and me in my office on February 18, 1993 . Nonetheless, as directed, we proceeded to discuss C&M's various pending water matters. This letter is intended to summarize the results of that meeting for your information. We decided to press ahead with the application in Case No. 90CW023, the WW Farm augmentation plan. Three factors lead to this conclusion: (1) The water referee is increasingly reluctant to continue passing this case at Term Day; (2) this application has much stronger supporting water rights than Case No. 90CW047 ; and (3) the market for a possible sale of the storage water appears more promising in the Cache La Poudre River basin. To proceed I will need to file an amendment to the application to conform the application to changes made in the permitting process and reflected in Tuttle Applegate, Inc. 's engineering report. Mike and I established the following target dates for this case: o Amend application by April, 1993 ; o Statement of opposition period through June, 1993 ; o Prepare and circulate proposed decree by July, 1993 ; • iHR 96 10 45 HOLME >ERT580WEPI BOULDER. CO P.2 • ta`q172 ) DISTRICT COURT, WATER DIVISION NO. 1, l p9ppRA70 Case No. �//2&)/24? ^ APPLICATION FOR OEANGI OF WATER RIGHTS WATER STORAGE RIGHTS AND APPROVAL OP PLAN TOR AUGMENTATION �" 04t WA=:7 Car r`'c!a cv CONCERNING THE APPLICATION FOR WATER RIGHTS OF C$M READY MIXED CONCRETE COMPANY OF BOULDER, ficeio or) `bra, .z, 1990 IN WELD COUNTY, COLORADO. I. CE1NGf or WATER RIGHTS 1. Nam,. address and telfl Numb' a! no Scant! CO Ready Mixed Concrete Company of Boulder P.O. Box 490 7916 Niwot Road Niwot, Colorado 80544 (303) 443-1099 Direct all pleadings to; Glenn E. Porzak Holm* Roberts & owen 1401 Pearl Street, Suite 400 Boulder, Colorado 80302 (303) 444-5955 2. , Name of structures for which chance is souahte (a) 30 shares of the capital stock of the W. R. Jones Ditch Company, owner of the water rights for the W. R. Jones Ditch; and (b) 5 shares of the capital stock of the Whitney Ditch Company, owner of the water rights for the igating (hereinafter collectively the "Subject Wa ey r terRights")Ditch h 3. From previous decree: A. lam : The Subject Water Rights were decreed by the Court for the Secoond Judicial District in Case No. 320 , on April 11, 1883. B. paints of bixu.iOne (a) The point of diversion of the W. R. Jones Ditch is located on the south side of the Cache La Poudre River in Section 36, T. 6 N. , R. 67 W. g EXHIBIT C- -1- ,MAP. 05 '90 10'46 HOLME r^EERTS&OWEM BOULDER. CO P.3 (b) The point of diversion of the Whitney irrigating Ditch is located on the north side of the Cache g67uW is now situate was d milested in above inction Section, 19, 6 N. , T. 6 N. , R. 67 W. C. gourd: The source of water for the Subject Water Rights is the Cache La Poudre River. D. Amounts and Apo;onriatigl Qatea: (a) W. R' 15.52 Jones cfs, 09/01/1867 (b) Whitney irrigating Ditch: 48 .23 cfs, 09/01/1862 12 .95 cfs, 09/10/1871 E. gm: The Subject Water Rights are decreed for irrigation purposes. 9 7, F. Historic Uqq: The Subject Water Rights have 4- been historically used to irrigate 236 acres in the 61/2 of )9 Section 32, T. 6 N. , R. 66 W. , Weld County, Colorado. The average annual yield per share of W. R. Jones Ditch Company water is 18.3 acre-feet, or 549 acre-feat associated with applicant's �9�• 30 shares. The average annual yield par share of Whitney Ditch � ' Company water is 32 .6 acre-feet, or 163 acre-feet associated with 7. applicant's S shares. The total average annual yield of the L T Subject Water Right■ is therefore 712 a-feet. Total annual depletions to the stream attribute le to the Subject Water Rights is 413 acre-feet (a) Applicant seeks the following changes with respect to the Subject Water Right.. Rt (1) a change in use from irrigation to municipal, domestic, industrial , mining, dust suppression, reclamation, irrigation, recreational and piscatorial purposes ; / (2) a change from direct flow to storage in W.W. Farm Lake Nos. 1-4 described more fully in Section II, paragraph 3 below; /I (3) an alternate point of diversion for the subject Water Rights located adjacent to the Cache La Poudre a..f River at a point whence the Northwest corner of Section 32, ir � (c,, T. 6 N. R. 66 W. bears North 38'25' West a distance of 3 , 180 00. feet ("WN Farm Infiltration Gallery No. 1") ; and ,% -2- -MAR 05 '90 10:47 HOLME °flBERTS&OWEN BOULDER, CO P.4 I' (4) an alternate point of diversion for the tivreies Subject pater Rights located adjacent to the Cache La Poudre River at a point whence the Northwest corner of Section 32, cal T. 6 N. R. 66 W. bears North West54'46' .�� distance of 4,960 leet (•NW Tars Infiltration Gallery No. (b) Applicant will install and maintain such measuring devices and implement such accounting procedures as may be reasonably required by the Division Engineer to verify that the rsuant to he ect change equalsnsumed thejstream. of water rights 5, gmar]u: The diversion records for the W. R. Jones Ditch and Whitney irrigating Ditch are attached hereto as � 1 Exhibits A and B. II. UPLICATION PDX WATER STORAGE itOXTI 1telethons n m er of plicant: CO Ready Mixed Concrete Company of Boulder P.O. Box 490 7916 Niwot Road Niwot, Colorado 80544 (303) 443-1099 Direct all pleadings to: Glenn E. Porzak Helms Roberts i Owen 1401 Pearl Street, Suite 400 Boulder, Colorado 80302 (303) 444-5955 2. Sams of Rsservoira: (a) WW Farm Lake No. 1: (b) WW Farm Lake No. 21 (0) and (d) NW Farm Lake No. 4. 3. jsaal description of reservoir': Each of the following legal descriptions has a basis of bearing as follows: the North section line of Section 32North�90.0'00 East to�the froNortheast cornerm the Northwest cofnsaider asection.m a of (a) WW Farm Lake No. is A corner of the spillway to the Cache La Poudre River bears South 55.45' East a distance of 4,970 feet: -3- •'MAR 05 '90 10:47 HOLME 1BERTS&OWEN BOULDER, CO P.5 (b) WW farm Lake No. 2: A corner of the spillway to the Cache La loudrs River bears south 53'20' East a distance of 4,630 feet; (c) WW Farm Lake No. 3: A corner of the spillway to the Cache La poudrs River boars south 3'38' East a distance of 2, 365 feet; and (4) WW Farm Lake No. 4: A corner of the spillway A,0 to Lake 3 bears south 39'5' East a distance of 2 ,460 feet. /�l 4. Source: The source of water for WW Farm Lake *� Nos. 1-4 is the Cache La poudre River. 5. (a) pats of appropriation: September 29, 1988 . (b) pate water applied to beneficiei use: N/A. (c) gow appropriation was initiated: Purchase of the subject property by the applicant and commencement of surveying and engineering work. 6. Amounts claimed: (a) WW Farm Lake No. 1 - 564 acre-feet, conditional, (b) Ww Farm Lake No. 2 - 182 acre-feet, conditional; (o) WW Farm Lake No. 3 - 402 acre-feet, conditional; (d) WW Farm Lake No. 4 - 2,366 acre-feet, conditional. 7. dos Municipal, domestic, industrial, mining, dust suppression, reclamation, irrigation, recreational and piscatorial. S . Kami us height of dam: N/A. 9. Length of dam: N/A. 10. Total capacity of reservoirs: See amounts sat forth in paragraph 6(a) -(d) above. 11. Active capacity: (a) WW Farm Lake No. 1 - 419 acre-feet; (b) NW Farm Lake No. 2 - 137 acre-feet; -4- . .MAR 05 '90 10:48 HOLME °OBERTS&OWEN BOULDER, CO P.6 (a) WW Farm Lake No. 3 - 302 acre-feet; and (d) WW Farm Lake No. 4 - 2,066 acre-feet. 12. Dead stomas: (a) WW Farm Lake No. 1 - 14$ acre-feet; (b) WW Farm Lake No. 2 - 45 acre-feet; (c) WW Farm Lake No. 3 - 100 acre-feet; and (d) WW Farm Lake No. 4 - 300 acre-feet. 13. )dame and canacitv of ditch or ditches Incline to reservoirs; (a) WW Farm Infiltration Gallery No. 1 with a capacity of 20 cis. (b) WW Farm Infiltration Gallery No. 2 with a capacity of 10 ofs. (c) Jones Ditch Flume with a diversion point located on the Jonas Ditch at a point that lies 4,600 feet from the Northwest corner of Section 32, T. 6 N. , R. 66 W. , it a bearing of South 46.29• East from said corner; capacity of flume is 7.3 cfs. (d) Jones Ditch Siphon with a diversion point located on the Jones Ditch at a point that lies 4,210 feet from the Northwest corner of section 32 , T. 6 N. , R. 66 W. , at a bearing of South 11.29,—Eastmfrom said corner; capacity of siphon is 10. 1 cfs. (e) Whitney Ditch Lateral with a diversion point located on the Whitney Ditch at a point that lies 2,810 feet from the Southea t corner o_ Section 30, T. 6 N. , R. 66 W. , at a �qo W bearing of :oath 11629 - - from said corner; capacity of lateral is 1- . 0 a. 14. Name and address of owners of land on which gtructures or the water rights are located: Applicant. 15. Marks or other pertinent informations A location map for WW Farm Lake Nos. 1-4 is attached hereto as Exhibit C. WW Farm Lake Nos. 1-4 will be created by a gravel pit mining operation. A pump will be installed during mining operations to return groundwater encountered to the Cache La Poudre River. In order limit distinct phases dewatering,Dewateri mine the willoccura divideds been only inone into four of -5- "--"-r--- •11AR 05 '90 10 46 HOLMF "SERTR.OWEN BOULDER, CO P.7 the phases at any given time. WW Farm Lake Nos. 1-4 will be sealed with compacted clay liners in order to prevent the interception of groundwah r. This hi tliliner ruwir ll be esinstalled as the mining prop III. &tRoms, SLAW FOR AnaXRVVl2ZOK 1. Name. address and telephone number of acnlicant: CAM Ready Mixed Concrete Company of Boulder P.O. Box 490 7916 Niwot Road Nivot, Colorado 80544 (303) 443-1099 Direct all pleadings to: Glenn E. Portak Holme Roberta i Owen 1401 Pearl Street, Suite 400 Boulder, Colorado 80302 (303) 444-5955 _. Name of structures to be augmented: Pump ind dewateringd trenches to be installed and constructed on the return to therCachein Lathe Poudreached RiverEgroundwaaterhencounteredM) to during mining operations. 3. Water rights to be used for auamentatiQs The and' WWtf'arm Rightsed n ion of is Section application Water II of this application. Ism 4. ,tatemeft of plan for augmentation: Applicant will fully augment all evaporation losses resulting from dewatering operations occurring onhthe Property ich exceed ainrthe following al nmanner: (a) by foregoing the use of and committing to the Cache La Poudre River system an equivalent amount of water from the Subject Water Rights: or (b) by releasing into the Cache La Poudre River system an equivalent amount of water stored in the WW Farm Lake Nos. 1-4. -6- , • MAR Ilf-B '90 10:49 HOLMF ''OBERTS&OWEN BOULDER, CO P.B • WMZREFORE, Applicant requests that this Court enter a decree which' (i) grants the changes of water rights set forth in Section I above! (ii) adjudicates the water storage rights set forth in Section II above► (iii) approves the plan for augmentation set forth in Section III above; and (iv) finds that as a result of the requested change of water rights and approval of plan for augmentation there will be no injury to any vested water rights or decreed conditional water rights. Dated this .RILE day of February, 1990. HOME ROBERTS & OWEN Glenn E. Porsak (02793) Richard A. Johnson (N16047) I eys A o to C&M eady Mixed orate mpany of Boulder 1401 Pearl S Suite 400 Boulder, Colorado S0302 (303) 444-6956 -7 46\r MEMORANDUM WilkTO: Board of County Commissioners September 16, 1998 COLORADO FROM: Monica Daniels-Mika, Director SUBJECT: USR 897-- Probable Cause After considering the attached information, the Department of Planning Services respectfully recommends to the Board of County Commissioners that this issue be considered at a Show Cause Hearing. The reason for this request is as follows: 1. It is apparent that no activity has occurred on this site within the three year time allocated by the Zoning Ordinance, and it is therefore not in compliance with the Zoning Ordinance as stated in 24.1.5 (See Attached). 2. Surrounding conditions may have changed in the immediate area of this permit, and proper citizen notification should be included into the record prior to making a decision. 3. As a matter of record, this case does not include any information indicating that the applicant corresponded with the Department of Planning Services or the Board of County Commissioners requesting additional time to adhere to the Conditions of Approvals. 4 EXHIBIT DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices 1400 N. 17th Avenue, Greeley, CO 80631 I Phone(970)353-6100, Ext.3540 Fax(970)352-6312 C. COLORADO September 15, 1998 Chronological Order of USR 897 1. Application received 11-1-89 2. Planning Commission hearing date 12-5-89 3. Planning staff recommended in favor of request - Planning Commission (9-0) recommended denial 4. Board of County Commissioner hearing 2-28-90 (continued) (Applicant failed to post sign within 10 day time-frame) 5. Board of County Commissioners hearing 3-7-90 -Approved by the Board of County Commissioners (3-2) 6. Department of Planning Services sent applicant letter requesting the plat or case would be closed 11-15-94 7. Department of Planning Services closed case 12-15-94 Service,Teamwork,Integrity,Quality • aDEPARTMENT OF PLANNING SERVICES PHONE (303)353-3845. EXT. 3540 COUNTY ADMINISTRATIVE OFFICES ImiliCWELD 1400 N. 17TH AVENUE GADMINI ,ADMINISTRATIVE O80631 COLORADO November 15,1994 C+M Company P.O. Box. 490 Niwot, CO 80544 Subject: Use by Special Review#.USR-897 Dear: C + M Company, Sixty days have passed since your Use by Special Review was conditionally approved, and we have not received your Use by Special Review plat. The approval was conditional upon submission of a mylar plat and a recording fee of$10.00 for each page. Please submit your plat and recording fee as soon as possible. Your Use by Special Review application will be considered incomplete and the case will be closed if we have not heard from you on this matter by 12/15/94 . Your cooperation in this matter will be appreciated. Please call or write if you have any questions. Sincerely, Planner 24 Uses by Special Review 24.1 Intent and Applicability 24.1.1 Uses by Special Review are USES which have been determined to be more intense or to have a potentially greater impact than the Uses Allowed by Right in a particular zone district. Therefore, Uses by Special Review require additional consideration to ensure that they are established and operated in a manner that is compatible with existing and planned land USES in the NEIGHBORHOOD. The additional consideration or regulation of Uses by Special Review is designed to protect and promote the health, safety, convenience, and general welfare of the present and future residents of Weld County. 24.1.2 The Board of County Commissioners may approve the establishment of a Use by Special Review by granting a Special Review Permit. All requests for Special Review Permit shall be reviewed by the Weld County Planning Commission. The Planning Commission recommendation shall be forwarded to and considered by the Board of County Commissioners except for the following conditions. Any DEVELOPMENT or USE which requires a Special Review Permit and which is initiated by a general purpose local government, State of Colorado, United States Government, special district or authority created under the provisions of the laws of the State of Colorado, or any public utility whether publicly or privately owned, shall require review and approval by the Planning Commission only as set forth in Section 25. The failure of the Planning Commission to take action on the application within thirty (30) days after the official submittal of the application for said DEVELOPMENT or USE shall be deemed an approval of the application unless the agency submitting the application has granted an extension of the thirty (30) day review period. If the Planning Commission disapproves an application for a Special Review Permit for said DEVELOPMENT or USE, the Planning Commission's disapproval may be overruled by the jurisdictional body or official making the application. The Planning Commission's disapproval may be overruled by said body by a vote of not less than a majority of its entire membership or by said official. 24.1.3 Any person filing an application for a Special Review Permit shall comply with the COUNTY procedures and regulations as set forth herein. Any expansion or enlargement of a Use by Special Review shall be treated as a new USE and shall require a new application under the provisions of this Section. 24.1.4 Ordinary repairs and maintenance may be performed upon STRUCTURES associated with a Use by Special Review so long as such repairs and maintenance do not have the effect of expanding or enlarging the USE. 4 24.1.5 If the use by Special Review has not commenced from the date of approval or is discontinued for a period of three (3) consecutive years it shall be presumed inactive. Weld County shall initiate an administrative hearing to consider whether to grant an extension of time to commence the use or revoke the Use .. by Special Review. If the Use by Special Review is revoked, it shall be necessary to follow the procedures and requirements of this Section in order to re-establish any Use by Special Review. 20-22 ORDINANCE 89-HH, October 21, 1997 BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Ann Garrison that the following resolution be introduced for passage by the Weld County Planning Commission. Be it Resovled by the Weld County Planning Commission that the application for: CASE NUMBER: USR-897 NAME: C & M Companies ADDRESS: P.O. Box 490, Niwot, CO 80544 REQUEST: A Site Specific Development Plan and a Use by Special Review permit for gravel mining and concrete and asphalt batch plants LEGAL DESCRIPTION: Part of Section 32 and part of the W} of Section 33, all in T6N, R65W of the 6th P.M., Weld County, Colorado LOCATION: Approximately .25 miles north of the City of Greeley; south and adjacent to Weld County Road 64 and east of and adjacent to Weld County Road 27 / be recommended unfavorably to the Board of County Commissioners for the following reasons: - - work sessions with the County Commissioners, which are not public hearings where people would have a right to have input, are not in the best interest of the residents of the County or the County as a whole, and it would set a precedence for other actions in the County; - Also, the Planning Commission does not have enough information dealing with agreements that are going to be made: agreements should be in place with Greeley Irrigation Company, the Department of Wildlife, and a Road Improvements Agreement made with the County; - Some kind of specific steps that would be taken to protect the landowners if their wells are affected; - More information is needed pertaining to the fourteen foot liner for the pond, whether this is an optimal type of liner, and whether a fourteen foot liner will work at all; and -.4 The economic value of a shallow lake for storage in both short and long terms, and if there is any value at all in a shallow lake for storage. Based on an incomplete application, we are not able to see that this is a plan that is workable. Motion seconded by Jerry Kiefer. USR-897 C & N. Companies Page 2 VOTE For Passage Against Passage Ann Garrison Jerry Burnett Judy Yamaguchi LeAnn Reid Bud Halldorson Rick Iverson Bud Clemons Jerry Kiefer Ernie Ross The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Bobbie Good, Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on December 5, 1989, and recorded in Book No. XII of the proceedings of the Planning Commission. Dated the 7th day of December, 1989. Bobbie Good Secretary Hello