HomeMy WebLinkAbout20163641.tiffDEPARTMENT OF PLANNING SERVICES
1555 N 17th Ave. Greeley, CO 80631
Phone (970) 353-6100 x3540 Fax (970) 304-6498
USE BY SPECIAL REVIEW (MINING OPERATION) APPLICATION
FOR PLANNING DEPARTMENT USE
RECEIPT # /AMOUNT #
APPLICATION RECEIVED BY
DATE RECEIVED
CASE # ASSIGNED _
PLANNER ASSIGNED.
To be completed by APPLICANT is accordance with procedural guide requirements:
1 I (we), the undersigned, hereby request a hearing before the Weld County Planning Commission concerning a
proposed Peters 313 Pit (gravel, coal, borrow pit. etc.) mining operation for the following described
unincorporated area of Weld County:
Legal Description South 1/2 of the Southwest 1/4 , Section 26. Township 12 North, Range 63West
Flood Plain: [y,4 Zone District 1 _ . Total Acreage: 80 , Overlay District. agricu rural
Geological Hazard: NA
Airport Overlay District:
2. Surface owner(s) of area of land described
NA
P.O. Box 37
Name: John L. Peters Address: Hereford, CO Phone:
Name. Address 80732 Phone:
3. Owner(s) of mineral rights or substance to be mined
Name: John I Peters Address same as above Phone:
Name: Address Phone
4 Applicant's name: Weld County Public Works
Address 1111 H Street.. Greeley. CO
Email Address
5. Identify any prior permits for mining held by applicant or affiliated person
Phone a7Q-_3446496
NA
I (We) hereby depose and state under penalties of perjury that all statements. proposals, and/or plans submitted with
or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee
owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee
owners must be ;ncluded with the application. If a corporation is the fee owner, notarized evidence must be included
indicating that the signatory has to legal authority to sign for the corporation.
Owfl—
Signature:r Authorized Agent Date
b
Signature: Owner or Authorized Agent Date
14
Peters 313 Pit Questionnaire
1. Mining Method Description
a) A haul road will be constructed from CR 136.5 to the northern border of the site.
A crusher will be utilized on site. No other structures will be erected.
b) One shift per day with a maximum of 6, full time employees, during daylight
hours only.
c) This will be a dry pit.
d) Weld County Road 136.5 extends east -west along the north edge of the Peters
313 site. An access road will be constructed from Weld County Road 136.5 to the
Peters 313 site. Gravel excavation and processing areas will be accessed from that
road. No bridges will be used.
e) The area is a total of 80 acres. The active mining work area at any time will be
approximately S to 10 acres, and the active crushing work area will be
approximately 10 to 15 acres.
f) It is anticipated that sand and gravel excavation, processing (rock crushing and
screening), and stockpiling at the Peters 313 site will commence upon receipt of
approval from the Colorado Division of Mining and Geology, and receipt of other
necessary permits, including the Weld County USR permit. Mining will start on
the northwest portion of the permitted area and progress to the southeast.
Gravel excavation and processing will be seasonal with stockpiling of gravel for
future uses depending upon local road repair and construction needs. The
material in stockpiles may be hauled out of the site at any time. The Peters site
will operate in periods lasting no more than six months at a time.
g) Alluvial material will be mined to bedrock. The estimated thickness of gravel -
bearing zones varies from 0 to 20 feet thick. No high wall mining is anticipated.
The sand and gravel deposits to be mined are stream channel deposits associated
with Porter Creek, an ephemeral stream that flows from Wyoming into Colorado
and eventually joins Crow Creek. Therefore, the thickness of overburden to be
removed during gravel extraction is expected to be minimal.
h) The post -mining land use will be rangeland. Reclaimed areas will be stabilized by
concurrent regrading on areas of the site where excavation has been completed.
Reclaimed slopes will be graded at a maximum of three to one (3:1) horizontal to
vertical in a pattern similar to the pre -mining slopes. The final pit floor
configuration will be graded so that any storm water will be directed along its
historical flow path. The mining area access road will be removed unless the
property owner requests otherwise. Seeding of the disturbed areas will be
completed between December 1 and May 1. The area will be monitored until 70%
of the original ground cover level is achieved. Noxious weeds on the site will be
controlled by Weld County.
i) The source of technical advice in rangeland reclamation for open cut mining will
be the Weld County Engineering and Weeds Departments.
2. This proposal, accepted by the Colorado Division of Reclamation, Mining and Safety and
to be carried out by the Weld County Public Works department, is consistent with the
Weld County Comprehensive Plan.
3. Since the current land use is rangeland and the reclaimed land use will also be rangeland,
this proposal is consistent with the intention of district 1; Agriculture.
4. The original use for this land was rangeland. The land will be reclaimed as rangeland,
conserving productive agricultural land.
5. Safety will be a priority at this site. There is adequate provision for the protection of the
health, safety and welfare of the inhabitants of the neighborhood and the County.
6. All surrounding land is also rangeland.
7. The existing land use is rangeland.
8. Details:
a) A maximum of 6 full time employees will use this site. There will be no buyers or
visitors.
b) The hours of operation are sun up to sun down, Monday — Friday.
c) Aside from any free range cattle owned by the land owner, no animals will be on this
site.
d) It is anticipated that mining will be done using excavators, front end loaders, dozers,
scrapers, and haul trucks. All of which are light enough to drive on a typical highway.
e) fire protection
f) Water needs for gravel mining and processing operations are expected to be minimal.
Water for dust control can be obtained and hauled from existing County -owned wells
that have been decreed for dust control and industrial uses. Water used in mining
and crushing operations and for dust control is estimated to not exceed 4,000 gallons
per month during operations.
g) There is no existing sewage disposal system on site. Portable restrooms will be
brought on site for employee use. The Peters 313 site will operate in periods lasting
no more than six months at a time.
h) Storage of sand and gravel may occur on this property.
i) Stockpiles of topsoil will be located near the permit boundaries, and sand and gravel
stockpiles will be located in the northern half of the site.
j) Topsoil will be stockpiled around the perimeter of the permit area, as shown on the
mine plan map. Piles will be seeded to prevent erosion and loss of soil. Topsoil will
be replaced in a thicknesses equal to or exceeding (minimum 4 inches) the original
topsoil depths found at the site. No trees, shrubs, or forbs will be planted.
k) The excavation of gravel and sand reserves is estimated to take 5 years or less.
Approximately 20 to 25 acres (15 acres for stockpiling and processing and 5 to 10 acres
for mining) will be disturbed during the initial phase of the mining operation.
I) These was answered in question 1h.
m) The Peters 313 property is tributary to Porter Creek which is an intermittent stream
that is typically dry most months of the year. Berms will be constructed around the
perimeter of the permit area to retain onsite surface water runoff. Additionally, the
pit floor will be sloped back into the pit in order to minimize the amount of water
running down the unmined slopes located below the mining operation.
n) Any trash generated will be collected in an on -site dumpster and disposed of at the
County landfill. No chemicals are anticipated to be utilized at the site.
o) Gravel and sand extracted from the site will be utilized by Weld County Public Works
Department for repair and maintenance of local County roads and other County
construction projects. Soils and mined materials unsuitable for road construction may
be stockpiled at the site. These soil stockpiles may be used for excavation backfill and
site reclamation on County -operated projects. The sale of commercial gravel or sand
is not anticipated.
9. The area covered under this Use by Special Review permit is not located in a flood plain,
geologic hazard, or Weld County Airport overlay district.
Weld County Public Works Dept.
1111 H Street
P.O. Box 758
Greeley, CO 80632
Phone: (970)304-6496
Fax: (970)304-6497
Applicant
Name Weld County Public Works
ACCESS PERMIT
APPLICATION FORM
Property Owner (If different than Applicant)
Name Mr. John L. Peters
Company Weld County Public Works Address P O. Box 37
Address 1111 H. Street
City Hereford State CO Zip 80732
City Greeley State CO Zip 80632 Phone
Business Phone 970-304-6496 Fax
Fax 970-304-6497
E-mail
Parcel Location & Sketch
The access is on WCR 136.5
Nearest Intersection: WCR 136.5
& WCR 71
Distance from Intersection approximately 0.5 miles
Parcel Number 0043-26-0-00-011
Section/Township/Range 26/12/63
Is there an existing access to the property?❑YES NO Sr
Number of Existing Accesses
Road Surface Type & Construction Information
Asphalt ❑ Gravel ■ Treated ❑ Other
Culvert Size & Type
Materials used to construct Access
Construction Start Date Finish Date
Proposed Use
()Temporary (Tracking Pad Required)/ $75
0 Small Commercial or Oil & Gas/$75
0 Field (Agriculture Only)/Exempt
E-mail
♦ = Existing Access A= Proposed Access
T
N
WCR 136.5
V
NA
WCR NA
()Single Residential/$75
O Large Commercial/$150
71
Q Industrial/$150
()Subdivision/$150
Is this access associated with a Planning Process? ONo ()USR ORE OPUD °Other
Required Attached Documents
- Traffic Control Plan -Certificate of Insurance
- Access Pictures (From the Left, Right, & into the access)
By accepting this permit, the undersigned Applicant, under penalty of perjury, verifies that they have received all pages of the permit
application; they have read and understand all of the permit requirements and provisions set forth on all pages; that they have the
authority to sign for and bind the Applicant, if the Applicant is a corporation or other entity; and that by virtue of their signature the
Applicant is bound by and agrees to comply with all said permit requirements and provisions, all Weld County ordinances, and state laws
regarding facilities construction.
Signature Printed Name Date
Approval or Denial will be issued in minimum of 5 days. Approved by
Revised Date 6/29/10
414
L
J
rs;
Water Consumption at the Peters 313 Pit Site
1. No water is required for the mining process, or the processing of materials at this site.
Weld County Public Works will be handling dust suppression at the site using water from
our three dust control wells.
2. Bottled water will be used for staff, onsite consumption.
3. The water table in this location is well below the level to which we will be mining. No
groundwater will be exposed, and therefore, no groundwater will be evaporating.
4. No onsite water, either surface or ground, will be used at this site, therefore, no
replacement is necessary.
Sewage Disposal — Peters 313 Pit
• Portable restrooms will be used to dispose of sewage on the site.
• This site will operate for up to 6 month periods only.
Noise Report — Peters 313 Pit
Due to the remote location of this site, the noise plan was waived.
RESOLUTION
RE: APPROVE AGREEMENT FOR RIGHT TO ENTER TO OBTAIN SOIL AND/OR GRAVEL
FOR ROAD PURPOSES AND AUTHORIZE CHAIR TO SIGN - JOHN PETERS
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, the Board has been presented with an Agreement for the Right to Enter to
Obtain Soil and/or Gravel for Road Purposes between the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County, on behalf of the Department of
Public Works, and John Peters, P.O. Box 37 Hereford, Colorado 80732, with terms and conditions
being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement for Right to Enter to Obtain Soil and/or Gravel for Road
Purposes between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Public Works, and John Peters
be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of October, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
ATTEST
:thrice&
jD;ve
Weld County Clerk to the Board
BY:
a
y Clerk to a Boar
APPROVED AS TO FORM:
County Attorney
Date of signature: 1(i`t
WELD COUNTY, COLORADO
,LAJAvia t---
rbara Kirkmeyerj Chair
milags
Mike Freeman, Pro-Tem
C
Cozad
Steve Moreno
C0:TA0 '11I-
2015-3367
EG0072
MEMORANDUM
TO: Clerk to the Board DATE: October 13, 2015
FROM: Jay McDonald, Director, Public Works Department
SUBJECT: Agenda Item
Right to Enter Agreement to Obtain Soil/Or Gravel for Roads Purposes with John L. Peters.
Enclosures
RECEIVED
OCT 142015
WELD COUNTY
COMMISSIONERS
M:\FnncieMOENDA mcmos\Agenda-lay du.
2015-3367
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW/ WORK SESSION REQUEST
RE: Surface Mine Lease
DEPARTMENT: Public Works
PERSON REQUESTING: L Jay McDonald
DATE: 10/5/15
Brief description of the problem/issue: We leased land and operated a surface mine from Mr. John Peter
West of Herford for many years. When the mining operations ended we approached Mr. Peters about
leasing another site on his property. He has agreed to lease approximately 80 acres for mining
operations. The lease will be for initial five —1 year periods, and additional 1 year periods after that until
operations are complete or either party wishes to terminate the agreement. We will pay Mr. Peters 75
cents per ton for all material removed from the leased area. This is consistent with what we have paid
property owners for many years. The royalty amount can be renegotiated after the initial 5 year period.
This site is in the same deposit in which the previous site was but down stream along the ancient river
bed. We have produced very good surface gravel from this deposit.
What options exist for the Board?
1. Approve the lease agreement
2. Do not approve the lease agreement
Recommendation: We have need of a mining site in this area of the County and Mr. Peters has been very
good to work with as a property owner. We anticipate many years of production from this site and we
recommend approval of the lease agreement.
Barbara Kirkmeyer, Chair
Mike Freeman, Pro -Tern
Sean P. Conway
Julie Cozad
Steve Moreno
Approve
Recommendation
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Schedule
Work Session
Other/Comments:
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RIGHT TO ENTER AGREEMENT
TO OBTAIN SOIL AND/OR GRAVEL
FOR ROAD PURPOSES
THIS AGREEMENT is made and entered into this ,/7 day of 4 2015, by, and
between the Board of County Commissioners of the County of Weld, State of Colorado, 1150 "O"
Street, Greeley, Colorado 80631, (hereinafter referred to as "County"), and John L. Peters, P.O.
Box 37, Hereford, CO 80732, (hereinafter referred to as "Owner")
WITNESSETH:
WHEREAS, Owner is in possession of certain property located in:
SW Quarter of Section 26, Township 12 North, Range 63 West of the 6th P.M.,
(hereinafter referred to as "Owner's Property"), and
WHEREAS, County intends to engage in one or more road improvements project(s) within
Weld County, (hereinafter referred to as the "Project") and is in need of sand, soil, and/or gravel
in order to complete said Project, and
WHEREAS, Owner's Property contains sand, soil and/or gravel which County deems
appropriate for use in the Project and which Owner desires to sell to County, and
WHEREAS, Owner and County desire to enter into a Lease Agreement to permit County
to enter onto a designated portion of Owner's Property (hereinafter referred to as the "Leased
Area") for the purpose of extracting soil/gravel.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, County and Owner agree as follows:
1. Property Description: Owner's Property, which is subject to the terms of this
Agreement, is the real property described and shown in attached, Exhibit "A," which
consists of a legal description and maps. The Leased Area to be mined for gravel is
depicted in the attached Exhibit '`B" by a diagram. (Exhibits A and B are attached
hereto and made a part hereof by this reference.
2. Term of Agreement: The Term of this Agreement shall begin on the date of
approval of the Section 112c Permit from the Colorado Division of Reclamation,
Mining and Safety (hereinafter `'DBMS") for the mining of Owner's Property, and
shall continue until and through the date of final release of the permit by DRMS,
except that this Agreement shall be enforceable upon execution. Each party agrees to
a lease period of five, 1 -year periods. After the initial 5 -year lease period, Owner will
have the option of extending the lease with additional 1 -year periods to be added
automatically until mining is complete. If the Owner does not wish to extend the
lease, Weld County will commence with reclamation activities. Should the Owner
want to keep the pit open but not lease it to Weld County. the County will transfer the
Page 1 of 5
permit to the Owner. Owner will be responsible for posting the reclamation bonds
required by DRMS. The parties specifically acknowledge that a temporary or
permanent cessation of mining activities does not terminate the Agreement; the
Agreement extends to the DRMS release of the permit.
3. Royalty Payments: During the first five 1 -year periods, County shall pay to Owner a
royalty of seventy-five cents ($0.75) per ton for all soil/gravel material removed from
the Leased Area described in Paragraph 1 above. Said royalty payment shall be made
on or before the last clay of the month following the month after which the soil, sand
and/or gravel is removed. After the first five, 1 -year periods and every five, 1 -year
periods after that, Owner may renegotiate the royalty amount with County. Owner
shall provide 30 days written notice to County that he would like to renegotiate the
royalty payment rate.
4. Owner's Obligations: Owner agrees to the following terms and conditions:
a. Owner grants to County the exclusive right to enter access and/or use the Leased
Area throughout the Term of this Agreement for all purposes related to the removal,
processing and crushing of soil, sand and/or gravel and to conduct reclamation
activities following the cessation of mining activities.
b. Owner grants to County the right to bring equipment onto the Leased Area which
is deemed necessary by County to remove the soil, sand and/or gravel and to crush
said gravel as required by County for its Project(s), and also to complete its
reclamation activities after mining activities have ceased.
c. Owner shall provide land for a haul route from a public road directly to the Leased
Area. The haul route is depicted on Exhibit B and has been accepted by both
parties.
d. Owner shall not engage in any activity on or related to the Leased Area throughout
the Term of the Agreement which interferes with County's mining activities, with
its efforts to secure a mining permit, or with its efforts to reclaim the property
following the cessation of mining activities without the express written consent of
County.
e. Owner shall cooperate with County in its efforts to secure all required mining
permits, and agrees to execute any documents required to be executed by the Owner
of the mined property in relation to said permits. Any expenses associated with the
permitting process shall be paid by County.
f. Owner shall provide his social security number or tax identification number to the
Weld County Controller, and County will annually issue to Owner an IRS tax form
1099 to report the royalties paid and/or taken in kind pursuant to the terms of this
Agreement.
5. County's Obligations: County agrees to the following terms and conditions:
a. County shall construct and maintain the haul route described in Paragraph 4.c.
above, in good condition, and shall remove said haul route and restore it to its
original condition upon the termination of this Agreement if requested to do so by
Owner.
b. County shall maintain accurate records of all soil, sand and/or gravel removed from
the property described in Paragraph 1 above, and shall make said records available
Page 2 of 5
C.
to Owner for inspection in its offices located at 1111 H Street, Greeley, Colorado,
during normal business hours, Monday through Friday, except during holidays
recognized by Weld County. Each royally payment made to Owner shall be
accompanied by a statement of the amount of gravel mined by County since the
close of the previous mining period for which the previous royalty payment was
made.
County shall be responsible for obtaining all necessary State, County and Federal
permits, which shall not include permits for asphalt and/or concrete batch plants.
County shall pay the entire cost of necessary surveying for the mining operation.
County shall consult with Owner during the permitting process and shall exercise
due diligence in obtaining all required permits in a timely fashion. County shall
conduct the mining and extraction activities in compliance with the terms of each
permit, specifically including the permit issued by the Colorado Division of
Reclamation, Mining and Safety.
d. County shall be responsible for the construction and maintenance of any
improvements required by the terms of the permit. Following cessation of its
mining activities, County shall remove the improvements, unless Owner requests
that such improvements remain. El County constructs a temporary entrance/exit on
the leased area, said temporary entrance/exit may be left intact for Owner's use only
if an access permit can be issued to Owner consistent with Weld County policy
concerning such permits.
e. County shall notify Owner thirty (30) days prior to the commencement of mining
activities.
I. County shall notify Owner thirty (30) days prior to the cessation of mining
activities. The term of this Agreement, however, will extend to the date of the
release of the permit by the Colorado Division of Reclamation, Mining and Safety.
6. Notices: All notices of Termination or other demands by Owner or by County shall be
made in writing and sent by Certified Mail, Return Receipt, or by E-mail, with a
Confirmation of Receipt, as follows:
OWNER:
ADDRESS:
COUNTY:
ADDRESS:
EMAIL:
John L. Peters
P.O. Box 37,
Hereford, CO 80732
Jay McDonald, Director of Public Works
P.O. Box 758
Greeley, Colorado 80632
jmcdonald@co.weld.co.us
7. Non -Assignment: This Agreement shall not be assigned by either party without the
express written consent of the other party. Such consent shall not be unreasonably
withheld.
Page 3 of 5
8. Recitals: Each of the Recitals set forth in the introduction of this Agreement forms a
part of this Agreement and is expressly incorporated into this Agreement of the parties.
9. Approval by the Board of County Commissioners of Weld County: This
Agreement shall not be valid until it has been first approved by the Board of County
Commissioners of Weld County, Colorado or its designee.
10. Governmental Immunity: No term or condition of this contract shall be construed or
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits,
protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-
101 et seq., as applicable now or hereafter amended.
11. No Third Parts Beneficiary Enforcement: It is expressly understood and agreed that
the enforcement of the terms and conditions of this Agreement, and all rights of action
relating to such enforcement, shall be strictly reserved to the undersigned parties and
nothing in this Agreement shall give or allow any claim or right of action whatsoever
by any other person not included in this Agreement. It is the express intention of the
undersigned parties that any entity other than the undersigned parties receiving services
or benefits under this Agreement shall be an incidental beneficiary only.
12. Entire Aareement/Modifications: This Agreement contains the entire agreement
between the parties hereto and supersedes any other agreements concerning the subject
matter addressed in this Agreement. No modifications, amendments, notations,
renewals or other alteration of or to this Agreement shall be deemed valid or of any
force or effect whatsoever, unless mutually agreed upon in writing by the parties to this
Agreement. This Agreement may be changed or supplemented only by a written
instrument signed by both parties.
13. Acceptance not Waiver: No breach of any term, provision or clause of this Agreement
shall be deemed waived or excused, unless a waiver or consent shall be made in writing
and signed by the party claimed to have waived or consented to the breach. Any consent
by any party hereto, or waiver of a breach by the other party, whether express or
implied, shall not constitute a consent to, waiver of, or excuse for any other different
or subsequent breach.
14. Interruptions: Neither party to this Agreement shall be liable to the other for delays
in delivery or failure to deliver or otherwise to perform any obligation under this
Agreement, where such failure is due to any cause beyond its reasonable control,
including, but not limited to Acts of God, fires, strikes, war, flood, earthquakes or
Governmental actions.
15. No Conflict. During the term of this Agreement, no employee of Owner nor any
member of Owner's family shall serve on a County Board, committee or hold any such
position which either by rule, practice or action nominates, recommends, or supervises
County's activities of Owner's property.
16. Severability. If any term or condition of this Agreement shall be held to be invalid,
Page 4 of 5
illegal, or unenforceable, this Agreement shall be construed and enforced without such
provision, to the extent that this Agreement is then capable of execution within the
original intent of the parties.
17. Attorney's Fees/Legal Costs: In the event of a dispute between County and Owner
concerning this Agreement, the parties agree that County shall not be liable to or
responsible for the payment of attorney fees and/or legal costs incurred by or on behalf
of Owner.
18. Fund Availability: Financial obligations of County, payable after the current fiscal
year, are contingent upon funds for that purpose being appropriated, budgeted and
otherwise made available. By execution of this Agreement, County does not warrant
that funds will be available to fund this Agreement beyond the current fiscal year. No
portion of this Agreement shall be deemed to create an obligation on the part of County
to expend funds not otherwise appropriated or budgeted for. County will not engage in
mining and/or crushing activities unless funds for such activities have been
appropriated, budgeted or otherwise been made available for such activities.
IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the date first
stated above.
Owner Signature:
Printed Name: John ers
WELD COUNTY:
ATTEST: C� �
Weld Coun er theme'. o`a�C�;
Lt./
Date:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY:
Deputy C 4rk to the B• �:�;= ' "St arbara Kirkmey-r, Chair
APPROVED AS TO FUN
Controller
APPROVED AS TO FORM:
County Attorney
N IA
CT 192015
APPROVED AS e BSTANCE:
Fie icial or Department Head
Director of General Services
c2b/ic c33 6 7
Page 5 of 5
Exhibit A
Legal Property Description
Approximately 80 acres, located in the South half of the Southwest quarter (S 1/2 of SW '/4), of
Township 12 North, Range 63 West, of the 6th P.M, Weld County, Colorado.
A 24 foot wide access road, located outside of the 50 ft pipeline easement, extending from CR
136.5 south to the northern boundary of the described mining permit area as follows:
Beginning at a point which is located 2464 feet north of the Southwest corner of Section 26,
Township 12 North, Range 63 West, of the 6th P.M. and commencing thence S00°37' 14"W a
distance of 1124 feet.
Legend
Proposed Access Road
Roads
Easements
Proposed Lease Area
Owner's Property
Sections
August 2015
10 2607 ft
Exhibit B
Peters 313 Pit Lease Agreement
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WELD COU*TY
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ACCtJRAGY O
At rrS.ANY
YAt-ETE
COLORADO
Division of Reclamation,
Mining and Safety
Department of Natural Resources
1313 Sherman St. Room 215
Denver, CO 80203
May 23, 2016
Ms. Valerie Mino
Weld County Public Works
1111 HSt.
PO Box 758
Greeley, CO 80632
Re: File M2015-045, Peters 313 Pit, I12c Decision Letter - Performance Warranty Request
Dear Ms. Mino:
No financial warranty was set by the Division for this operation. However, you must submit a performance
warranty in order for us to issue a permit. We have enclosed a performance warranty form with this letter
for your use. Please have the performance warranty signed by an appropriate official, notarized, and return
it to us.
PLEASE NOTE THAT MINING OPERATIONS MAY NOT COMMENCE UNTIL A PERMIT
HAS BEEN ISSUED BY THE DIVISION AFTER RECEIPT OF YOUR PERFORMANCE
WARRANTY. A PERMIT CANNOT BE ISSUED UNTIL WE HAVE VERIFIED THE
ADEQUACY OF YOUR PERFORMANCE WARRANTY.
If you have any questions, please contact me.
Sincerely,
Eric C. Scott
Environmental Protection Specialist
Enclosure
M -AP -I 6
1313 Sherman St. Room 215 Denver, CO 80203 P (303) 866-3567 F http://mining.statc.co.us/
John W. Hickenlooper, Governor I Robert W. Randall, Executive Director I Virginia Brannon, Director
AFFIDAVIT OF INTEREST OWNERS
SURFACE ESTATE
Property Legal Description: South ha_f of the Sou:hwes: quarter (S 1/2 of SW 'A). of Section 26.
Township 12 North, Range 63 West, of the 6th P.M, Weld County, Colorado.
Parcel Number _Q - 2 6_ 0_ 0 0_ 0 1
1
(12 digit number - found on Tax I.D. information, obtainable at the Weld County Assessor's Office, or www.co.weld.co.us)
(Include all lots being included in the application area. If additional space is required attach an additional sheet.)
THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true
and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld
County Assessor of the owners of property (the surface estate) within five hundred feet of the property being considered.
This list was compiled from the records of the Weld County Assessor, or a person qualified to do the task, and shall be
current as of a date no more than thirty days prior to the date the application is submitted to the Department of Planning
Services.
Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization
from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be
included indicating the signatory has the legal authority to sign for the corporation.
I (We) hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or
contained within the application are true and correct to the best of my (our) knowledge.
6,r viairus.‘n
f;ctA�#t-
Signature Date T. Signature Date Signature Date
WELD COUNTY DRAINAGE CODE STANDARDS AND CRITERIA
VARIANCE REQUEST FORM -FOR APPLICANTS
CODE SECTION 23-12-150
Weld County Public Works
Peters 313 Sand and Gravel Pi
for the parcel described below:
("Applicant"), am seeking land use approval of
(description of use)
Pre-Application/Case Number PRE16-0123
Parcel Number 0043-26-0-00-011
Legal Description South half of the Southwest quarter
Section/Township/Range Section 26, Township 12 North, Range 63 West of the 6th PM
An applicant may request a variance for their site when conditions do not meet the drainage exemptions described
in the Weld County Code Section 23-12-30 F and impacts to the site and offsite properties are insignificant.
Requests will be reviewed by the Planning Director or his/her designee. No variance will be considered if it may
jeopardize the public health, safety, welfare and public and private property.
Please attach a separate document (Exhibit Al addressing the following:
1. Demonstrate that granting of the variance will still adequately protect public health, safety, and general
welfare.
2. Demonstrate there are no adverse impacts from stormwater runoff to the public rights of way and/or offsite
properties as a result of the project.
Demonstration can be a simple written narrative describing existing soils, slopes, contours, or existing
drainage features, etc.. that will help or remove the possibility of adverse impacts to downstream structures
and obstructions. Photos and drawings can also be included with the request.
I understand and acknowledge that the granting of the variance requested herein does not absolve me of
responsibility to avoid directing water from my property onto adjacent properties in a manner, quantity, or quality
that is different than historic. I hereby agree to indemnify and defend the County of Weld, by and through its Board
of County Commissioners of the County of Weld, it's employees and officers, from any liability they may incur by
and through and resulting from my actions in directing the drainage of storm water from my property to adjacent
properties as authorized by the granting of this variance.
Applicant Signat re
Planning Director Approval indicated when
signed by Director or appointee. Planning Director Name
Signature
Date of Approval
11/3/15
was Weld County
Colorado
Department of Planning Services I Development Review
1555 17th Avenue, Greeley, CO 80631 I Ph: 970-353-61001 www.co.weld.co.us/Departments/PlanningZoning/
Traffic Narrative — Peters 313 Pit
1. Excavation and processing will be seasonal and will depend on the local road repair and
construction needs. While the material is being mined a maximum of 6 passenger
cars/pickups will be completing one round trip per day. Between 25 and 30 haul truck
round trips may occur on a gravel haul day.
2. All traffic onto the site will be entering from the East on County Road 136.5. The haul
route from the site will be County Road 136.5 East to County Road 71 South.
3. 100% of the traffic will use the haul route specified in item number three.
4. All traffic will occur during working hours. (8am-5pm, Monday -Friday) The highest traffic
volumes will occur during arrival and departure times (approximately 8-9 am and 3-4 pm).
Waste Handling Plan — Peters 313 Pit
Any trash generated will be collected in an on -site dumpster and disposed of at
the County landfill. No chemicals are anticipated to be utilized at the site. No other waste
will be generated at this site.
Dust Abatement Plan — Peters 313 Pit
Dust control on this site and any gravel county roads used as a haul route will be managed by
Weld County Public Works. Water for dust control will be obtained and hauled from existing County -
owned wells that have been decreed for dust control and industrial uses. Water used in mining and
crushing operations and for dust control is estimated to not exceed 4,000 gallons per month during
operations.
DRMS Permit Exhibit E
Peters 313 Site Reclamation Plan
Post -mining Land Use: The post -mining land use will be rangeland. The land included in this
permit is owned by Mr. Peters, and the pre -mining land use was rangeland. The permit area is
surrounded by rangeland also owned by Mr. Peters.
Regrading:
Reclaimed areas will be stabilized by concurrent regrading on areas of the site where excavation
has been completed. Reclaimed slopes will be graded at a maximum of three to one (3:1)
horizontal to vertical in a pattern similar to the pre -mining slopes. The final pit floor configuration
will be graded so that any storm water will be directed along its historical flow path. See Exhibit
F. The mining area access road will be removed unless the property owner requests otherwise.
Seeding:
Disturbed areas will be reclaimed with a native grass mixture. The proposed seed mix for the
disturbed areas is as follows:
Buffalo grass (Texoka, Sharps Improved)
Little Bluestem
Sideoats grama (Vaughn, Butte, Niner, El Reno, Haskell)
Blue Grama (Hachital, Lovington)
Western wheatgrass (Arriba, Barton, Rosana)
Switchgrass (Grenville, Nebraska 28, Blackwell, Pathfinder)
Sand dropseed
Total:
2.5 lbs. / acre
1.5 lbs./acre
2 lbs. / acre
3 lbs./acre
3 lbs. / acre
2 lbs. / acre
0.25 lbs. / acre
14.5 lbs./acre
Seeding of the disturbed areas will be completed between December 1 and May 1. The area will
be monitored until 70% of the original ground cover level is achieved.
Depending on ambient conditions, the application method for those areas being seeded may be
hand broadcast, hydro -seeded, or drilled and crimped. Mulch application at the rate of 2 tons/ac
may be concurrent with seeding. Mulch may include hay, straw and tackifer. All hay or straw
mulch shall be certified noxious weed free grass hay or crop straw. At least 70% of the mulch by
weight shall be 10 inches or more in length. Mulch shall not contain any noxious weeds, mold,
must, cake, or decay. Straw mulch shall not contain excessive viable grain (wheat, barley, or oat
seed.)
Weed Control: Weed Control: Noxious weeds on the site will be controlled by Weld County.
Noxious weeds are Canada thistle, field bindweed, Dalmatian toadflax and diffuse knapweed.
i. Canada thistle will be sprayed with Milestone at 7 oz/ac or Tordon 22K at 32 oz/ac when
the plant is 6 to 10 inches tall up to the bud stage and/or in the fall as needed.
ii. Field bindweed will be sprayed with Perspective at 5 oz/ac or Tordon 22K and 2,4D each
at 32 oz/ac when the plant is in the flower stage and/or in the fall as needed.
iii. Dalmatian toadflax will be sprayed with Tordon at 32 oz/ac and Telar at 2 oz/ac in the
early flower stage and/or in the fall as needed.
iv. Diffuse knapweed will be sprayed with Milestone at 7 oz/acre or Tordon 22 K and 2,4-D each at
32 oz /ac when the plant is in the rosette to early bolting stage.
iv. If needed, one or two mowing treatments per year may be utilized to help suppress other
vegetation that may compete with grass establishment in the disturbed areas outside of
the areas that are returned to cropland.
v. The property will be monitored once a month from May through October, providing
adequate time to implement the spraying program as described above.
Fertilizers: No fertilizers will be used.
Trees and Shrubs: No trees, shrubs, or forbs will be planted.
Topsoil Replacement: Topsoil will be stockpiled around the perimeter of the permit area, as
shown on the mine plan map (see Exhibit C2). Piles will be seeded to prevent erosion and loss of
soil. Topsoil will be replaced in a thicknesses equal to or exceeding (minimum 4 inches) the
original topsoil depths found at the site.
Reclamation, backfill, and seeding estimated costs: Under $60,000.
Exhibit D
Peters 313 Site Mining Plan
a) Mining Methods
The area will be stripped so that the crushing and screen plants can be set up on the
northwestern portion of the permitted area. It is anticipated that mining will be done
using excavators, front end loaders, dozers, scrapers, and haul trucks.
Weld County Road 136.5 extends east -west along the north edge of the Peters 313 site
(see Exhibit C2). An access road will be constructed from Weld County Road 136.5 to the
Peters 313 site. Gravel excavation and processing areas will be accessed from that road.
Any trash generated will be collected in an on -site dumpster and disposed of at the
County landfill. No chemicals are anticipated to be utilized at the site.
b) Earth Moving
Excavation and stockpiling volumes are anticipated to be approximately 100,000 tons per
year. The excavation of gravel and sand reserves is estimated to take 5 years or less.
Approximately 20 to 25 acres (15 acres for stockpiling and processing and 5 to 10 acres
for mining) will be disturbed during the initial phase of the mining operation.
MSHA approved open excavation and fall protection safety measures including fencing
and berms will be installed as needed. During, and following mining, the side slopes of
the pit will be graded for stability and will be re -vegetated as needed to meet the
reclamation plan.
There is typically less than twelve inches of topsoil at the Peters 313 site. Topsoil will be
stockpiled around the perimeter of the permit area as shown on the mine plan map (see
Exhibit C2). The topsoil piles will be seeded to prevent erosion and loss of soil.
c) Water Diversions and Impoundments
The Peters 313 property is tributary to Porter Creek which is an intermittent stream that
is typically dry most months of the year. Berms will be constructed around the perimeter
of the permit area to retain onsite surface water runoff. Additionally, the pit floor will be
sloped back into the pit in order to minimize the amount of water running down the
unmined slopes located below the mining operation.
There are no irrigation structures or surface water impoundments existing or planned at
the site. Water needs for gravel mining and processing operations are expected to be
minimal. Water for dust control can be obtained and hauled from existing County -owned
wells that have been decreed for dust control and industrial uses. Water used in mining
and crushing operations and for dust control is estimated to not exceed 4,000 gallons per
month during operations.
It is anticipated that sand and gravel excavation, crushing, and stockpiling at the site will
not disturb surface water or ground water quality. Erosion control measures (Best
Management Practices) will be installed along the perimeter of disturbed areas. A
Colorado Department of Public Health and Environment Stormwater Construction Permit
will be obtained prior to the start of mining operations.
Previous test pitting performed by others at the Peters 313 site shows the water table is
located more than 15 feet below the surface; therefore, it is anticipated that no
groundwater will be encountered at the site. Weld County will ensure the pit excavation
will not expose groundwater in the event that mining exceeds 15 feet by staying a
minimum of two feet above groundwater. According to information obtained from the
Colorado Division of Water Resources GIS files, the Peters 313 site is not located within a
designated groundwater basin.
d) Work Area Size
Minimal stockpiling of overburden is anticipated. Mined soils unsuitable for construction
use will be separated from the mined gravels and may be stockpiled at the site. These
soil stockpiles will be utilized for excavation backfill and site reclamation. The active
mining work area at any time will be approximately 5 to 10 acres in size. The active
crushing work area at any time will be approximately 10 to 15 acres in size.
e) Operation Time Table
It is anticipated that sand and gravel excavation, processing (rock crushing and screening),
and stockpiling at the Peters 313 site will commence upon receipt of approval from the
Colorado Division of Mining and Geology, and receipt of other necessary permits.
Mining will start on the northwest portion of the permitted area and progress to the
southeast.
Gravel excavation and processing will be seasonal with stockpiling of gravel for future
uses depending upon local road repair and construction needs. The material in stockpiles
may be hauled out of the site at any time. The Peters site should not be considered an
intermittent operation.
f) Mined and Unmined Stratum on the Site
Alluvial material will be mined to bedrock. The estimated thickness of gravel -bearing
zones varies from 0 to 20 feet thick. No high wall mining is anticipated.
The sand and gravel deposits to be mined are stream channel deposits associated with
Porter Creek, an ephemeral stream that flows from Wyoming into Colorado and
eventually joins Crow Creek. Therefore, the thickness of overburden to be removed
during gravel extraction is expected to be minimal.
g) Commodities to be Extracted
Sand and gravel are the primary commodities that will be extracted at the Peters 313 site.
The enclosed mine plan map (Exhibit C2) shows the proposed locations for the haul road,
gravel processing (crusher) location, and soil and gravel product stockpile areas.
A mobile rock crusher and screen plant will be installed in the crusher location shown on
the enclosed mine plan map (Exhibit C2) during intermittent crushing operations. It is
anticipated the crusher and other equipment will be located on the site for 6 to 12 months
at a time. Once approximately 100,000 tons of material have been crushed, the crusher
and other equipment will be moved to other County -operated gravel processing sites.
The County will haul material from the stockpiles for its construction and roadbuilding
activities. Once the stockpiles are depleted, the County will move the crusher back into
the site and start the cycle over again.
No secondary commodities are anticipated to be extracted or produced at the Peters 313
site, and no asphalt plants or concrete batch plants will be utilized.
h) Intended Use of Extracted Products
Gravel and sand extracted from the site will be utilized by Weld County Public Works
Department for repair and maintenance of local County roads and other County
construction projects. Soils and mined materials unsuitable for road construction may be
stockpiled at the site. These soil stockpiles may be used for excavation backfill and site
reclamation on County -operated projects. The sale of commercial gravel or sand is not
anticipated.
i) Explosive Use
Explosives will not be used at this site.
Notes
•All .rind will
be reclaimed
as rangeland.
*Floc o:mcd
Area 80
acres
*Slopes: 3:1
or less
*Minimum of
4 incnes of
topsoil to be
used.
Computer File Information
Creat•on Date
3/10116 nickels VAM
last Modified Dale 3116/18
Initials VAM
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P.E No. 40739
WELD COUNTY
PUBLIC WORKS DEPARTMENT
1111 H STREET
P O. BCX 758
GREELEY, CO 80832-0758
PHONE (970) 358-4000
FAX (9703 304.8497
As Constructed
No Revisions
Revised
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CALL 2 -BUSINESS DAYS IN ADVANCE
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MEMBER UTILITIES
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LIM MOOS oa Date 3/04/2016 Initials VAM
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Index of Revisions
Date
Comments
Initials
WELD COUNTY
As Constructed
PUBLIC WORKS DEPARTMENT
1111 H STREET
P.O. BOX 758
GREELEY. CO 80832-0758
PHONE (970) 356-4000
FAX (970)3044497
No Revisions
PETERS 313 PIT HAUL ROAD
PLAN AND PROFILE
Project No./Code
PERMIT K M2015-045
Revised
Designe' V MIND
Details'
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Sheet Subset
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fence line
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proposed edge
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0
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5460
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CALL 2•BUSINERS DAYS IN ADVANCE
BEFORE YOU DIG. GRADE OR EXCAVATE
FOR THE MARKING OF UNDERGROUND
MEMBER UTILITIES
Gaston Osu 3/04/2016 Initials VAM
Test Modified Dale 3104/2016 Initials VAM
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Index of Revisions
Date
Comments
Initials
WELD COUNTY
As Constructed
PUBLIC WORKS DEPARTMENT
lilt H. STREET
P.O. BOX 758
GREELEY. CO. 80632-0758
PHONE (970) 356-4000
FAX (970) 304-6497
No Revisions
PETERS 313 PIT HAUL ROAD
PLAN AND PROFILE
Revised
Vold
Designer V MINO
Details' V MIND
Sheet Subset
Sneet Subset
Project No./Code
PERMIT I M2015-045
Sheet Number 2 of 2
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