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HomeMy WebLinkAbout1.0 Application;.. '"" SPECIAL/CONDITIONAL USE PERMIT Date : January 27, 1989 Applicant: Case Concrete Co. Address of Applicant: Box 1815, Rifle CO 81650 Special/Conditional Use: Request Special Use Permit for expansion of sand and gravel mining and processing operation. Existing operation has Conditional Use Permit. Request includes periodic and temporar~ operation of asphalt plant. Legal Description: Portions of the S2 of the SW!, the NE± of the SWt, and the N! of the SE±, and the SW± of the SE±, all in Sec. 11; and the NW± of the NWL SPr. 14: all within _L6S .. R.91W. _ iith_P_M_ Practical Description (location with respect to highways, county roads, and residences): Approx. 1.8 miles east of Rifle, south of Hwy. 6 and 24. Requirements: 1. Plans and specifications for proposed use. 2. Letters of approval from utility companies, sewage and water. Road access and other information deemed necessary. 3. A vicinity map drawn to scale depicting the subject property, location and use of building and structures on adjacent lots. 4. An impact statement on the proposed use where required by Sections 5.Q3-5.03.12 of zoning Regulations. 5. Notice including the name of the applicant, description of the subject lot~ a description of the proposed special use and time and place 'for the hearing shall be given in the newspaper of general ciiculation in that portion of the county at least fifteen (15li days prior to such hearing time. Applicant shall bear the co~t of advertising. 6. A copy of A~sessor's map showing property; and a listing of all adjoining ~roperty owners of said property. Notice containing information described under paragraph 5 shall be mailed to all owners of record of these lots at least 5 days prior to the above hearing by dertified return receipt mail and the receipts sl1all be presente~ at the hearing by the app~icant. 7. A fee of $ '500.00 shall be charged for each application and shall be submitted with the application. 8. Attach a cop'y of proof of ownership for your property. (Deed, title insurance). List all adjoining pr~perty owners of said property. Yvonne ~-Chambers; Glen and Dorothy I. Chambers Denver and Rio Grande Western Railroad P.O. BOX 1815 ~sev._ dJil eoncrele reo. RIFLE, COLORADO 81650 PORTABLE READY MIX SAND AND GRAVEL Garfield County Special Use Permit Application Dick Casey Concrete Pit January 1989 Prepared by: Quaternary Environmental Consulting 1210 South Park Dr. Monument, CO 80132 (719) 488-2769 PHONE (303) 62G·3489 OR (303) 825-1464 Introduction and Request Casey Concrete Co. is making application for a Special Use Permit for a sand and gravel operation and processing facilities located approximately 1.8 miles east of Rifle. A Conditional Use Permit (No. 026) has been previously granted for the existing gravel operation and concrete plant. The original area of aggregate extraction is nearly depleted and, in order to maintain a supply of materials for the manufacture of concrete and general gravel products for construction purposes, the company needs to expand the area of gravel extraction. The request also includes a provision for the periodic and temporary placement of an asphalt plant on site. The site and adjacent lands are zoned A-I. Included in this application are the following: -Special Use Permit Application Form with information addressing the Requirements specified on the application included on separate pages as necessary. -Copy of the Mined Land Reclamation Board Permit Application included as an appendix. Requirements 1. Plans and Specifications for Proposed Use A. Legal Description: The site is described as follows: Portions of the st of the SWt, and the NEt of the SWt, and the N! of the SEt, and the SWt of the SEt, all within Section 11, Township 6 South, Range 93 West of the 6th P.M.; and the NWt of the NWt, Section 14, Township 6 South, Range 93 West of the 6th P.M., Garfield County, Colorado, containing 58.9 acres more- or-less. The permit area described includes the area of the existing Conditional Use Permit. B. Mining and Processing Plans: Details of the mining and processing plans are given in Exhibit D of the appended Mined Land Reclamation Board application. C. Rehabilitation Plans: Details of the Reclamation plans are given in Exhibit E of the appended Mined Land Reclamation Board application. 2. Road Access and Letters from Utilities A. Access Road: Access to the site occurs immediately off and to the south of Highway 6 and 24. The Exhibits B and C maps included with the appended Mined Land Reclamation Board Permit application illustrate the access road. From the site, one must travel either west (towards Rifle) or east (towards Silt) along the Highway. B. Utilities: Electricity for the site is purchased from Public Service Company. The Exhibit C map of the appended Mined Land Reclamation Board Permit application illustrate the location of the powerline, No letter is thus required. Water and sanitation facilities on site are self contained. 3. Vicinity Map Exhibit B of the appended Mined Land Reclamation Board Permit application is a l" = 2,000'scale vicinity map, and Exhibit C of the same document is a l" = 200' site map illustrating the subject property and adjacent structures. 4. Impact Statement A. Natural Resources: Information pertaining the site's natural resources (water, wildlife, soils, vegetation) and impacts are given in Exhibits G, H, I, J, of the appended Mined Land Reclamation Board permit application. Moreover, reclamation of the site will occur so that the affected area can be used for pasture and wildlife habitat. B. Emissions Permit: Emission permits have been obtained for the existing operation. Attached is a copy of the original permit and invoices from the Colorado Department of Health showing the permits to be current. The plan includes a provision for the temporary and periodic location of an asphalt mix plant. Such plants are required to be specifically certified. If this type of facility is located on site it also will be properly permitted through the Colorado Department of Health. C. Uses and Impacts on Adjacent Lands: The site and adjacent properties are currently zoned A-I. The property to the north of the site is the Denver and Rio Grande Western Railroad and Highway 6 and 24; the property to the east is the residence of the Chambers and the land is used for farming and other agricultural purposes; the property to the south and west is used for gravel mining operations. The expanded operation will be compatible with the surrounding uses, and will have minimal impact on adjacent agricultural lands. D. Hours and Days of Operation: The normal hours of operation are 8:00 am to 5:00 pm. The normal days of operation are Monday through Saturday (half-day Saturday). Occasionally these times may be extended in order to meet the demand for products. E. Number of Employees: The average number of employees ranges from about 10 to 15 and includes both full-and part-time staff. The number of employees changes as the demand for products changes and the number of future staff may be more or less than the current level. F. Truck Traffic: Concrete is transported from the site in 8 cu. yd. mix trucks. Other aggregate products are transported in trucks ranging from 12 to 25 ton capacity. The average volume of trucks has been about 6 to 7 round- trips per day. Expansion of the gravel mining portion of the operation will not affect the existing average volume of trucks since expansion is necessary to obtain aggregate for the processing plant. Occasionally, however, the volume of truck traffic may increase over the normal volume depending on the need to supply special projects. Once the trucks leave the site they travel along Highway 6 and 24 either westward towards Rifle or eastward towards Silt. The volume of truck traffic attributed to the operation is minimal relative to the total volume of traffic on Highway 6 and 24. G. Fuel Storage: A 1,000 gallon diesel fuel storage tank is located above ground and immediately adjacent to the plant site. Refer to the Exhibit C map of the appended Mined Land Reclamation Board permit application for the location of the tank. The tank is contained by a berm and no additional enclosure is necessary. '. '' : '· , '!MTE nsurn: M.Jrcn 13, 1'.161 fSSUEDTO: · mrt: rAs~v crvH~RETF. . ' ·:'' Telephone: (303) 320-4180 IT INITIAL APPROVAL. El FINAL APPROVAL 0 <-, ·-..• ·\::>·_·;:/~I;:.·· ... ·-,l't.f~ t~OUP.qr:: ·ro 'N!-1iCJ,1· T}it~3 PER:~lT ,L\PPLtE~) IS DESCRIBED ANO LOCATED AS '· ·.·•,\f/;')ij:., .... f'OLLOW~: ' ., ·; ~-.t.~-~'~\-: :·: -' '' : '. ,,.i'.<{ .. ·i .Or!e CF} Ready Mi)( 1 Concrete P1ant located one mi1e east of Rifle at 27358 'Highway 6, Garfii:i d County, Colorado.' I ~::~:;:)i:;:~.:··:,fi. . :,'~1i:;~-,'.r-.~·.:1: ('.'..-:_:. : . ·:'---'.::·;:;\·!·~;~;/>>_{ . -"• -'-' -< ;· \:~n1f;:1trne $Pf£C!l::1c 1:0U!PMENT OR ACTivrrv SUBJECT TO THIS PERMIT INCLUDES THE i' ·';j0':~[~~·~'.·~~k,~~r~J~it~hingi'atttvHy incl ud~'ng;' f~ontend loader, conveyor, truck 1 ca ding , t);i{ >. <;!ldj.q1,tarvent on s110.- . . ,)·; . -~> _ ; "fi~c/i:'.:'~ :·. , . h~tl;;r, TH!S Pf:RMIT !3 GRANTED SUB.JECT TO ALL RULES AND REGULATIONS OF THE : }'}''.f;,,}\ COLORADO Aln QUALITY CONTflOI. COMMISSION AND THE COLORADO AIR QUALITY ,if:f(·;;~i;i)QNTFlQl; />,CT C.R.S. 19'!3 (25-7-101 !f. S!!:<l). TO THOSE GENERAL TERlv1S AND .. ;, 'I '·.· CONDITIONS SET FORTH Or·I THE REVH1SE SIDE OF THIS DOCUMENT f\NO THE ·· '"{\:·' · · 'i'OLLOWING 8F•[Clr!C TERMS 1~MD CONDITIONS: .. -. ' ~ 1. 0 artirnb:.c: ;•mis.sior' s:1all rot exceed O.S lb/hr . . 2. Areas subj0rt to heavy vehfcle traffic shall be watered as necessary tn minim,1~e du·;t. painted .o~ the perrnitted equipn:P.nt for identification '\,( .. ' . ~ ·lP,\ .\.'i : D [ 1.:J·~ (. ,', ~ t'. y C',._):~cp .: rE . ,_ ,. ' ~ '\_ J1l1:C'c:: i·. <J, I\:)\ ~15 :· \. : i. .~·Li-'. RMiT \L'~IliEH 2 F; ~ ~d :;o. OF POlNTS 3 0 0 0 0 0 0 0 0 0 TOTAL POINTS: 3 ... ( ' TYPES CONCRETE BATCHING ACTIVITY, SILO, AND HAUL ROAD ') ' (, )' \j / \ \\ ' ' ' " (._'· 'C c'.\-~ \ .·· . \ I TOTA[, DUE: J\.~ICJUN"f 180.00 o.oo o.oo o.oo o.oo o.oo O.OD o.oo 0.00 0.00 180.00 N<•TE: REMlT YELi.OW COPY OF INVOICE WIT!! PAYMENT TO ENSURE PROPER CREDIT ,_ COLOhADO DEPT. OF HEALTH/4210 E. llTH AVENUE/DENVER,CO 80220/ATTN: DEPT-400 COMPANY: DICK CASEY CONCRETE INC ADDRESS: P. 0. BOX 1815 COUNTY/SOURCE CODE: 1520/000 INVOICE DATE: 02/19/88 CITY RIFLE STATE CO ZIP 81650 PERMIT NUMBER C-12,796 NO. OF POINTS 1 0 0 0 0 0 0 0 0 0 TOTAL POINTS: 1 TYPES CONCRETE BATCH PLANT TOTAL DUE: AMOUNT 60.00 0 .oo 0.00 o.oo 0. 00 o.oo 0.00 0.00 0.00 0.00 60.00 NOTE: REMIT YELLOW COPY OF INVOICE WITH PAYMENT TO ENSURE PROPER CREDIT H. Industrial Performance Standards: The operation will comply with all industrial performance standards regarding noise, vibrations, emissions, storage and disposal of materials, storage of fuel, water quality and other considerations as described in Section 5.03.08 (1-6). 5. Newspaper Notice Such notice will be published at a later date in conformance with the established requirements. 6. Assessor's Map and List of Adjoining Property Owners Included herein is a copy subject property illustrated. property owners per the parcel Parcel Number 298 306 305 7. Application Fee of the County Assessor's map with the The following is a list of adjoining numbers given: Property Owner Richard N. Casey Box 1815 Rifle, CO 81650 Yvonne D. Chambers 28586 Hwy. 6 & 24 Rifle, CO 81650 Glen and Dorothy Chambers 28584 Hwy 6 & 24 Rifle, CO 81650 Denver & Rio Grande Western Railroad 413 7th Glenwood Springs, CO 81601 A check in the amount of $500.00 is attached. 8. Proof of Property Ownership The subject property is owned by the following: Landowners: Richard N. Casey Box 1815 Rifle, CO 816502 Yvonne D. Chambers Box 768 Silt, CO 81652 Copies of deeds for the affected property are attached. The portion of the property currently permitted was originally leased from Glen and Dorothy Chambers of Rifle. This portion property was subsequently deeded to Yvonne D. Chambers of Rifle. A copy of pertinent sections of the lease with Glen and Dorothy Chambers, including the section regarding assignment, is included herein. , 1 n•uuu .......... ·1#1 ... .June if ,. ., ho-· ar • .:w o. CffAJUllltl and DOll01'HY t. CHAMllU8 ii ..... I: I c:""-' _, 111 ICHA•D W. C.UEY I . ··-·· Ii J .. I ,...,,..,~,..i.i..""°"" P,O, o:;i ..... 1\1..,.,.f,-....... ,, .... '. j~ ;;,;: "'11w c ... ""~ ,!f O•rf ield 8 "ll'\tA'tlH,l~•r"i'1•-••• ""•••·"''""''"'""' •l•lw·~"'"' · .. · J • ·.'. T•n fltll l .. rs .. nd other qoood •l'ld veluebla eon1lderatton ...... . ~ j ~I' ........ ,,,. ,,..i.,,,,,.,....,,,.,,.Mllrl"i<w'"""' •l ..... lo'•l,.·J iu.,,_,, .,,.,.,,...,j .,o6J-i1ulll•~I ....tfl,1hl-\fj"l'(Wlll••111•ff• ..... _etll,Wlt, · .. , ~;: ::: :·.~·:·: .. :~~:,~:::~:r;:!;::l:~: .. :~:::::~-=:!:1::;;;~~::: .. b:- .-:: ~ 1.: thl• reference. To9ether with two non-••cl1Jalve eaa ... nta appurten•nt, deecribed ] ,.., ~ on !111htblt a, .ittta<:'hed and incnrporat..S hereln by thla r1f1rence1 tl\e uH of vhla :;pJ, ("' .. "'" l• '"~loot t«.1,\1' h,!•, nttrlctloa thoroln::"alned, TOqether with 2~ oh ti ~,i.~'\:'JJ~lioif.l'-~'\: "l,)11..&\llo J'fl5 ' 5l~5t f!l£11f.8,r& I-···-·---,._,,-.. , ·-alllleltM-l<l ---· cJ) I I I I k--·---··----·-.. '"''"*"' ...... , •. .,..,,,,_ni+_ ~ ~-.. ---..-·----'-•lci.<•-·-·---.. -n.;1:::,ij-·---h ... ____ lllllu<X_D ___ • __ .-.t·Jl-*-•·-.. -·- 7 I 0 --·.I 5 ..-----··-~11--i .. -.. -·----x--,...-·--· "-·-·----~I I ·--·-·-·-· ... :, Reservln9 to th• 9r•nto1' utility and irrl9ettOl'I dltoh ••• ... nt• 1• plac• and UM, '.I and • non~e•oluelv• ••••-nt for aoc••• and utlllti••• d••orl on lxhlbit A, attached and ln~orporated herein by thl1 reference1 aftd firtt cuttt ttl-.ftHtl •t4"' 1U _. '""N lht """"""'-"'' .,-i ..,_..,.._,, ,._.""' p_,~ ....... •• • _,.i..., ~ll.t11Mfif, ... 6t intn• .... l\">Cl'"-~· lflll"'"'~tnJrf\ """"···-•--.J('t,.fll•""""""·-·-r·I.,.. .. , .. hllf -~ . .t ..... ...., .................... ,uf ... 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A-............. , .... ,... -~. ··~~ .. ~~ .... ,, "'' ·u~'""'''"•"•··•'·"''·""-"-"'"""·"·•·rt th• 1986 9•neral proP9rty t••••• irrl9•ti dit.i:-h•• tn pl11ce •nd ln u••• p•teat r•••rvat:ion•, •PP1ir•nt or recorded ut11tty ••• 11111nt•, l•••e 19r•• .. nt1 vlth Dle-C•••r Concr•te, inc,, l•••• vi th 11 .. ron1tructi , Inc., r.0C"or·l19d ln loolt '12'1 •t P•9• 66 neot•r "' it affecta Lot 21 oil f ld 9•• lea • ot record enJ any a11j9n.ent1 thereof. i ;I. , .... ,,_ .. ....,! _, ,.,,, ...... Ul.\N'f ANllH•t\l 111'4 ,. ... 11 ........... """'M"'•lp1<1•-•-·tet_,,...uNr,._.. ..... _"_· ..,, hrlf"...., ... if!".~••""' ·<I ....Jr>fl> r-""•'" I"''""'' !"1,,Jh ,LH,,...1tw "'""'"' ·• ""' ,._111r1rtrt..i f .. 1-,iolM ,_,,_.,._,,,__. .. pMll, '"" r'•"ol •lw ""ti.I«. -' ....,. ''"' 4 ffl• ,.....a,, oAMl i., """• """' tu ... 1rllllrn 1 ..... , ... I hr i. .... ,....., .w ............................... ~ .,, ..... 1 ..... ..,., -.. ~~! i.. ,., June t'h.,•ber• . .... ............. ~ .. ,.,.. .... '"'''""'" .... ,, ... , ,...: ...... .,1 ... ·~1 , ~(-&}A~,/~ :6..L~;. ."""" . •······ . ...... 1.t, •••• "•·• 1, .. _, 1: ,, O!!IQll!"TIO!! Of Al lm!!llT CO!!VIUQ A ,.reel ef lud lltNtt 111 lot I, lot I •"' lot J, tllt 1111/4 Sll/4, and ti. .. ". 5111/4, 1 '1111 IHthHSttrlJ ,, , .. Dl•Ylr ... llo ........ lint tr• 1111,....., all I• S•ctl°" 11, '"""'M' I Se.t•, ••• tJ lint of the 6tll Prlncl,al lllrldl••• desert~ 11 follOW11 llUINNINI II • ,.int on ti.. IOuti.uttrlJ rltflt·of·WIJ of .... reflro•d ....... ti.. stone ........ , lor thl rut 1/4 corNr of u1o1· S.dlH II ...... llorth eo•o5•tJ• [11t 17J.19 l•tll tfltntl Soutfl 1,.31'00" (Ill 17,71 flltl ti.11<• 'lnuth 1••11•zr w.1t 417.6' fut1 tl•nc• SouO J1•f4'00" llnt ISO. I J lut; thfnc• South 10' JI'»· llnt 286. ll IHh '""•C• South &1•1•···· W•St 219.50 fttt; ih•••• South 56'Jl'Z4• West 125.68 ftttf thfnco 'lnuth JS'40' 1s• llut 2411.~ l1tt1 th•oct South 11•51•04• W.lt 181. 96 lttt; thtntt Soutll 89'ZS'58' West JOJ.01 rut1 t111oc• South IJ'Sl'OI" WHt 550. 40 1 .. 1; thtnct South 480. IS IHU tlltoct South 19"11'26" llHI 9ll.OO IHtl thtnct llortll 411.91 fut to 1 point on ti.. IOuthtnttrly rl9hl·Of·wly of .. Id ratlroldf lhtOCt llorth IJ•IO'JO" fut J,016. » lttt to tht point of h9lnnln9. DESCRIPTION or RESERVED NO!•IXCLU!IVI l'!A8D!EN1 An P.a1umont for •cco•• and utility purpo .. e thirty I 101 raet. in width oxtendin9 •lonq the •••terly boundary line of th• property abov• de1cribed to the 1outhea1terly line of the Oenvor snd Rio Grande Wft•t•rn R1ilro1d ri9ht•of-way, to w1ta Be9innJ.nq .it a point on the 1outhe•1torly ri9ht-of-w1y of 1aid railroad whonce th• 1ton• 11M>nWNnt for the hat .quarter cot'ner of Hid Section 11 beora North IO'U'U' I.Ht 17J,lt· fHt1 the .. oe south ll' l8 • oo• Eut J7. 71 fHtl thence South l6'U' 29' lfeet 4'7.0 feetr thence South Jl'44'00• Wut 150,7J fHt1 thence south 70"J4'JS" W•1t 47.14 teetr thence North J1•44·•00• bat 184.04 feetr thence North 16'41'29• lut 405.81 feet1 thenoe North ll'll'OO' Weot U.]4 toet to a point on the· IOUtheuterly riqht·of-woy ot aald riilroodr thence North 6l'IO'JO• lut J0,94 feet ':rJ the point of t>,,;9innin9. IXHIBIT A TO QUIT Cl.AIM DllD A plrtfl o' hnd 1lt1Htt fn lot 2, Lot J, SWl/4 SNl/4 1nd Cnloredo RI••• ,..,nd.,. Lind fn Stctfon II, Lot I •nd Color1do River Me1nder l•nd tn Section 14 111 fn Town1htp 8 South, R1n11t 9J Nut of tht 6th Prrnctpol lltrldhn, lyfnt 1outht .. ttr1y "' tht 1outhe11terly rfght• or••A)' ot the Denvtr ind Ito Gr1nd1 Weattrn R111ro1d ind northw11t1rly of tr.. 1outht11ter1y 1tne dt1crfb1d on Rtcoptton Ho. 270743 11 rtcordtd fn tho Cl••• 1nd Rtcordtr'• office of Gtrrftld County, Co1or1do, llOrt p1rttcul1r1y d11crtbtd •• rol1owsr BEGINNING at 1 point whtnco the 1ton• mon1J01nt for tho rut 1/4 corner or 11ld 5tctton 11 bt•rt Horth 55'45 148° l11t 1271.48 ftet, thence South 1050.05 1 .. 11 thtnct th• lollowlnt 10 cour111 tlon1 the 1outhtnttrly ltne 11 dtlcrtbod on 11td rectptton Ho, 2701411 South 19"00'00" Wut JU,96 fllll thtnct South Z6'20'00' Nut 450,00 IHI! thtnct South 15'5J'OO' Wut 600.00 lut1 thtnct South 51'2&'00' Wist 700.00 lt1t1 thonct South 49'25'00" Wt1t 400,00 f11t1 thtnct South 11'05'00" Wut J00.00 flftl tl1tnco South 88'JO'OO' W.11 600.00 ftttl thtnct South 79•11•00• Welt J50.00 fflll thonct South 19'40'00' Nell 510.00 fut; thenct South 16'05'00' Nut 650.00 fut to 1 point thlt fnUructs tlH! wut lint of utd Stctfon 141 thtnct Horth 00'24'10' W••t 1114,IJ rr1t to tht Southwut corner o' Hid Stctton 11; thonct 110119 tho W11t ltn• of tald Stctton 11 Horth OO"U'56' Nut 296,14 fut to 1 pol nt that lnttrsoct1 tht 1out1t .. sterl1 right-of-way lint or utd rollro•d; thtnct along sold rt9ht·of•Wf1 Horth 6J'IO' 30" Ult 19ll.l8 1 .. t1 th•nc• having ufd rt9ht•Of·w•1 South 488.'2 f1tt1 thtnco Horth 89"J7'16' rut 9ll.OO l1tt1 thenct North 480," rut; th•oct North 1J"58'0A' hst SS0.40 r11t1 thtnct Horth 89'25'58° Ent '"JOI.DI f•tll thtnct Horth 11'SS'04' rut 183.9' fttll thtnct Horth JS'IQ' JS" lut 240.05 fut1 thooct North 56'31'24' Int 125,68 futi thonct North 61'34'4'' Ent Z19.50 fut1 thenct North 70'34'45°, East 286, IZ r11t to tht point or beginning. Seid perctl of hnd contains 1.Jl.4Z ecru, OIOrt or 101. Ho11t1rvinv to thtt qra11tor1, for th• 1il• of th• aurvivor ot thelft, one·helf C~I of Lll rent• and royalt.l•• dedv•d rr .. ltHin9 •nd production frart any o.ll, 9aa, 9ravel, or other 1199re9ate• and •ineralo in or,upon the aubjeat real property, • Said parcel ia conveyed toqether with two and one-half fa~> •haree in the Orand lliv•r Ditch and to9eth•r w.ltb perpetual, non·excluaive ea11menta tor aoceu end · uUlit.l•• flrat, •• dHcribed 91!. page 5 et m;a9raph 21 of that Aq.ree .. nt recorded In Book '-rt at Pa9e of the Oerl.ltld County Clerll and Recorder,"iiia'""1econd aa to owa1 An ••••m~nt tor ace••• and utility purpoaea, extendtn9 froia the northerly boundary line of th• property above dt•ortbtd to the aoutheaaterly line of the Denver end II.lo Orandt Wt1tarn Railroad ri9ht-of•way, to·witr _ Be9innln9 at a . point on th• 1outheaaterly rtght·of•way of aald railroad whence the atone monu.,ent for th• 1aat quarter corner· of 1ald Section 11 btara North 10•05•43• 1«1t 17J.19 t .. t1 thenoe ·along IAid ri9ht-of·way North U'll '41" lut 50,00 ftttl thence 1Hvin9 Hid rt9ht·of•way t7. 54 feet alon9 the aro of a so. oo foot radiua OHYe to the rt9ht havtn9 a ahord btarl.119 al South Jt'OS'00° WHt U.IO feet1 thence loutlt 16 141'19' W.at 404,11 fHtl tl1•nce Sooth ll'U'OO" lftet 1'0,7J fHt to the Northeut corner of the above·deaoribtd parcel1 thtnae South 70'J4'3S" Weit 47,14 feet alon9 the · northerlY, boundary of the abovt·d~toribtd f.UDel I thence NOrth 31 '44 00° Int 114, 04 fHt I thence North 16 41•31• 8Ht 405,H fettl thenaa North 12°11'00° w.,t U.J4 feet to • point on the aoutheaaterly ri9ht·of•way Of Hid raUrotdl. thaaae North U'1Q'30° laat JO,t4 feet to the poi•• Of bt9inni11t• ,, ) ' ) AGREEMEN'r THIS AGREEMENT, made and entered into this r;;t/-day of //,./A .P ____ ,l~ A.O. By and Between GLEN o. and DOROTHY I. ~ of Rifle, Colorado, hereinafter called "LESSOR", and RICHARD N. CASEY of Rifle, Colorado hereinafter called "LESSEE". WITNESSETH THAT: The parties hereto, for and in consideration of the mutual convenants and agreements herein contained, do hereby agree as follows: 1. The Lessor does hereby grant, demise and lease to the Lessee for the exclusive and only purpose of exploring for, mining, removing, crushing, washing and marketing sand and gravel (aggregate), and to produce and market Ready Mixed Concrete, and to produce and market Asphalt, thereon and therefrom, that real property situated in the County of Garfield, State of Colorado, described on Exhibit A, ·attached hereto and incorporated herein by this reference. 2. Receipt is hereby acknowledged of ONE DOLLAR other good and valuable considerations as consideration upon execution of this lease. and the 3. TO HAVE AND TO HOLD said land for a term of five (5) years from the date a "Permit Application" covering all or any part of the leased premises (other than that part presently permitted) has been approved by COLORADO MINED LAND RECLAMATION BOARD, and subject to the terms and conditions herein provided. That certain Agreement recorded as Reception No. 291545 shall be deemed merged in this Agreement upon the commencement of the term hereof. 4. The "Royalty• payment shall be in the amount of l thirty-five cents ( 35¢) per ton for each and every ton of other charge and that such payment shall subrogate Lessee to the rights of the holder thereof, Lessor further agrees that all such payments may be deducted from any royalty thereafter payable to Lessor. Lessor further warrants that Lessee shall have peaceable and quiet possession thereof as provided herein. apply for 8. The Lessee shall allit:ai:R all necessary "Permits" as required by the County of Garfield and the State of Colorado with reference to the COLORADO MINED LAND RECLAMATION ACT of 1976 or any successor statute or law, and such applications and permits shall become a part of this Agreement and the mining operations shall be conducted in strict compliance with all of the laws, rules and regulations thereunder. 9. The Lessor shall make available to the Lessee, copies of the deed, water rights and other documents necessary to complete permit applications. Lessor shall otherwise cooperate with the Lessee in connection with the approval process. Lessor shall not contest or oppose any permit applications from time to time submitted by the Lessee, except opposition based upon breach or termination of this Agreement. ·:IJ, t.!'.)r), .. t:-""~""°L:'.ac.1r):; r)f t-·~is /1_qr:'-.:.'.1ent, Lessor does hereby grant an extension oc time ot two (2) years, to the Lessee for the purpose of completing a reasonable reclamation program, as required by the COLORADO MINED LAND RECLAMATION BOARD or its successor. 11. The word "Lessor" wherever used herein shall include Lessor, their heirs, representatives, administrators, successors, and assigns: and the word "Lessee" wherever used herein shall include Lessee, its successors and assigns. 12. This Agreement shall be assignable in whole or in part by the Lessee or the Lessor. -··-~·~--,~-·-....... ·~--··----·---_ .......... ..,_' .... ,. EXHIBIT A LEGAL DESCRIPTION A parcel. of land situated in the SWJ..;SWJ..;, and the Nl; of Lot 3 in Section 11, and Lot l in Section 14, •rownship 6 South, Range 93 West of the 6th P.M., described as follows: Beginning at a point on the southeasterly right-of-way of the Denver and Rio Grande Western Railroad whence the East quarter corner of Section 11 bears North 63°10'30" East 3016.35 feet and North 80°05'43" East 873.19 feet; thence South 488.92 feet; thence South 89°37'26" West 399.52 feet; thence South 00°15'00" East 827.42 feet; thence west 630.34 feet; thence North 800 feet to a point on the southeasterly right-of-way of said railroad; thence North 63°10'30" East 1150.00 feet to the point of beginning. EXHIBIT B 1. Reservations and exceptions contained in the United States Patents recorded in Book 12 at Page 87 and in Book 12 at Page 545: a. Subject to the right of t.he proprietor of a vein or lode to extract and remove his ore therefrom. b. There is reserved granted a right of way thereon constructed by the authority of the from the lands for ditches or United States. hereby canals 2. Easement to Colorado Ute Electric Association, Inc., recorded August S, 1976, as Reception No. 273844 in Book 487 at Page 492. 2. Lease Agreement with Elam Construction, Inc., recorded March 26, 1979, as Reception No. 292900 in Book 525 at Page 6 6; SljSEJ..;SWJ..; and SWJ..;SEJ..; of Section 11; NWJ..;NEJ..; and NEJ..;NWJ..; of Section 14. 3. Oil and Gas Lease with Cimarron Gas Company recorded May 26, 1983, as Reception No. 342432 in Book 628 at Page 42. 4. Ditches, roadways, and powerlines as shown on the survey prepared by Landmark Services. 5. Agreements by and between Glen o. and Dorothy I. Chambers, Lessors, and Dick Casey Concrete, Inc., Lessee, recorded in Book 521 at Page 869 and in Book 582 at Page 317. STATE OF COLORADO ) ) SS COUNTY OF GARFIELD ) -( I On this G ...:--"-day of ,-')_ t . , _, above and foregoing instrument wa'S,/acknowledged O. CHAMBERS and DOROTHY I. CHAMBERS. .-.-/ 19Y-::l,; A. D. before me by Witness my hand and official seal. My Comm1ss1on Expires Dec. 2. 1987 My Comm i s s ion Exp i r es : ---;.::;:::::;::;::::===~-:::;--:;-- -(/ , .. : ---; /) .-'-7' <,--- the GLEN ,. ____ :;>_ .. ..__ "'-/ .• -·-;,/ ,,, '·"':'-:1.:· . ' .(' ( Notary·,-~ublic ~---~--- STATE OF COLORADO SS COUNTY OF GARFIELD ) /:.::./I On this '''i/ . _/, -. "'' , 19 <;? (: A. D. clay of above and ::oregoii1'9_i_f:S trument. ~:·was acknowl 12dqed before !ne RICHARD N. CASEY. Witness my hand and official seal. 111 ~~mminlon Expir~ Dec. 2. 1987 the by --'7;., , / Ii··'/ / c, / 23. Contemporaneously with the execution hereof, Lessee is purchasing certain adjoining lands from the granter, as more par- t icul arly described in Exhibit "C" attached. Lessee covenants and agrees that gravel mining operations on the property described in Exhibit "C" shall not be commenced until the gravel reserves on the property subject to this Agreement have been exhausted in accordance with the terms hereof. As indicated above, exhaustion gravel underlying the batch plant, the parking and stock pile areas and the other mining and processing facilities located on the leased premises, or access thereto. IN WITNESS WHEREOF, the parties have hereunto executed this Agreement as of the day and year first above written. LESSEE: LESSOR: rJ . I / ,,b:;;L: .. >>/ii ( '(\;;;,/ Richard N. Casey /f (, _, Gfen o. Chambers Ch ambers P.O . BOX 1815 RIFLE , COLORADO 81650 Bo. PORTABLE READY MIX SAND AND GRAVEL (110) to (112) Conversion Application Dick Casey Co ncrete Pit File : M-78-349 Garfie ld Co un ty January , 1989 Pre pared by: Quaternary Environmental Consulting 1210 South Park Dr. Monument, CO 80132 (71 9) 488-2769 PHONE (303) 625-3489 OR (3031625-1464 REGULAR (112) PERMIT APPLICATION FORM This fonn contains two major parts: (1) General Operation lnfonnation and (2) Exhibits A-P. When you submit your application, be sure to include four signed copies of the General Operation Infonnation, four copies of Exhibits A-P, and a check for the application fee described under (4) below. To expedite processing, please provide the infonnation in the fonnat and order described in this fonn. ========================================================================================= GENERAL OPERATION INFORMATION Type or print clearly, in the space provided, all infonnation described below. ========================================================================================= 1. Applicant/Operator Name: Casey Concrete Co. 2. Operation Name (Pit, mine or site name): Dick Casey Concrete Pit 3. Application type: Regular (112) Pennit Operation. 4. Application Fee for Pennitted Acreage* ($50.00 + $15.00/acre, 1st. 50 acres; penni tted ____ ___. 58.9 acres. $10.00/acre, 2nd. 50 acres; $5.00/acre, 3rd. 50 acres; $1.00/acre, any additional acreage; maximum fee of $2 '000. 00) . * Note penni tted acreage and application fee and attach a check for this amount when you file. $800.00* application fee. 5. Substance(s) to be mined (e.g., gold/silver/gravel): Sand and Gravel 6. Owners(s) of Substance to be Mined (check applicable box(s)): IX! Private 0 State 0 Federal 0 Indian 7. Owner(s) of Record of Affected Land (check applicable box(s)): OD Private 0 State 0 Federal 0 Indian 8. Type of Mining Operation (check applicable box(s)): IX] Surface 0 Underground 0 In-situ 9. Location Infonnation. The center of the area where the majority of mining will occur lies in: COUNTY: Garfield PRINCIPLE MERIDIAN (check one}: (XI 6th (Colorado) O 10th (New Mexico)O Ute TOWNSHIP (write number and check direction): T _6_ O North llO South RANGE (write number and check direction): R 93 O East IX! West SECTION (write number): S _l_l_ QUARTER SECTION (check one): o-i:rr-0 NW 0 SE t!l SW QUARTER/QUARTER SECTION (check one): 0 NE 0 NW ID SE 0 SW GENERAL DESCRIPTION: (miles and direction Approximately 1.8 miles east of Rifle. from nearest town and approximate elevation) Aoproximately 5.335 ft. elevation * If the operator is a unit of State or county government, an application fee is not ~quired. A fraction of an acre must be counted as one acre for fee calculation. "* Note: application fee is based on 49.72 ac. (50 ac.) because of credit taken for the existing Limited Impact acreage (9.18 ac.). -2- l O. Correspondance Infonnati on 11. 12. APPLICANT/OPERATOR (name, address, and phone of name to be used on pennit) I ndi vi dua 1 's Name: Richard N. Casey Company Name: Casey Concrete Co. Street: Box 1815 City: Rifle State: __ _cC:..:oc::l"'o"'ra'°'d'""'o _____ Zip Code : --'-8_16-"5-'-0 __ Area Code: ( 303) Te 1 ep hone: ---""62._,5,_--"3-'-48""'9'-------- PERM ITT! NG CONTACT (if different from applicant/operator above) Individual's Name: Company Name: Street: City: State: Zip Code: ----- Area Code: INSPECTION CONTACT (if different from applicant/operator above) Individual's Name: Company Name: Street: City: State: Zip Code: ----- Area Code: ____ Telephone: ------------ Primary future 0 Cropland(CR) 0 Pastureland(PL) 0 General Agriculture(GA) land use (j1 Rangeland(RL) 0 Forestry(FR) 0 Wildlife Habitat(WL) (check one): 0 Residential (RS)O Recreation( RC) 0 Industrial/Commercial (IC) 0 Developed Water Resources(WR) 0 Solid Waste Disposal(WD) Primary present 0 Cropl and(CR) []! Pastureland(PL) 0 General Agriculture(GA) land use 0 Rangeland(RL) 0 Forestry(FR) 0 Wildlife Habitat(WL) (check one): 0 Residential(RS) O Recreation(RC) 0 Industrial/Commercial(IC) 0 Developed Water Resources(WR) To the best of my knowledge, all the infonnation presented on this application~ and the attached Exhibits A-Gare true and correct (must be signed by applicant/operatqr). ,,;--: -/} Date: January 27, 1989 By: /~'/!,,_//(/ (a~ . ;_) Owner 1 t e Exhibit A -Legal Description Portions of the S~ of the SWt, and the NEt of the SWt, and the N~ of the SEt, and the SWt of the SEt, all within Section 11, Township 6 South, Range 93 West of the 6th P.M.; and the NW± of the NW!, Section 14, Township 6 South, Range 93 West of the 6th P.M., Garfield County, Colorado, containing 58.9 acres more-or-less. -1- * -~ / ,, ')IL J liUAUKAl'<vLc. ,LORADO-GARFIELD CO SCALE 1:24 000 ~===~===~t=::;:=~==="===EO ~~~~~~s=~~~~==~l MILE 1000 o 1000 2000 3000 4000 5000 6000 7000 FEET ~E:::!:;~:~::;:;:."'s:::~:=:~o!:::!~:::!!:::::=, =,IL:=O=:METER CONTOUR INTERVAL 40 FEET Exhibit C Pre-Mining/Mining Plan Map -Refer to Map Pocket at End of Application - -3- Exhibit D -Mining Plan This is a conversion application for an existing sand and gravel operation located in Garfield County. A Limited Impact permit (M-78-349) was originally granted for the operation in 1979. The Conversion application includes all the area of the Limited Impact permit and expands the permit boundary. The area to be mined is approximately 1.8 miles east of Rifle and lies on an alluvial terrace at an elevation of approximately 5,340 feet. Historically, the adjacent area and portions of the immediate site have been mined for aggregate over a period of several decades. The affected area is expected to be mined in three phases as illustrated on the Exhibit C map. The location of existing features, immediately adjacent structures and other pertinent information are also portrayed on this map. The life of the mine, based on the present demand for materials, is estimated to be about 20 years; the actual rate of mining will depend on the changing demand for materials. The best current estimate for phasing of the operation is provided as follows: Phase and Acreage Mining Period Phase 1 -19.3 ac. * Phase 2 -19.4 ac. Approx. 10 yrs. Phase 3 -20.2 ac. Approx. 10 yrs. * Mining in Phase I is near completion but the processing portion will remain until completion of the operation. Phase I is the existing disturbed area and processing site. The -4- aggregate is mined, sized and manufactured into concrete at the batch plant illustrated on the Exhibit C map. Mining operations in Phase I are near completion and work will then begin in the Phase II area. However, the processing portion of the operation is expected to remain in the Phase I area over the life of the operation. Phase II will expand operations in a northeasterly direction from the existing Phase I area. Prior to mining, the upper 12 to 18 inches of topsoil will be stripped from the area to be disturbed and stockpiled around the perimeter of the site. As a stabilization measure, any topsoil which is to be stockpiled longer than about one growing season will be broadcast seeded with a perennial sod-forming grass cover such as western wheatgrass at a typical rate of 20 pounds/acre. The site will then be mined to a depth of about 25± feet, which is approximately the same depth mined in the Phase I portion of the operation. Once operations in the Phase II area have begun, reclamation of the completed portions of the Phase I area will occur. Subsequently, concurrent reclamation will then occur with mining in the Phase II area. Phase III will involve stripping and stockpiling of soil, and operations similar to those in the Phase II area. Once operations in the Phase III are underway, reclamation of the Phase II area will be completed. Final reclamation of the processing site and the Phase III area will occur upon completion of mining. Conventional equipment will be used for mining the material: dozers, frontend loaders, scrapers and haul trucks. The pit will be dewatered as described in Exhibit G. The material will either be mined, sized and used to make concrete at the processing site in Phase I, or removed and used for other aggregate products. Various product stockpiles are also created on -5- site for future needs (refer to the Exhibit C map), In addition, it is anticipated that the need for asphalt may periodically arise and a portable batch.plant may be placed temporarily on site depending on the need for local paving projects. The area anticipated for such a use is shown on the Exhibit C map as the process area. Overhead powerlines cross the Phase II area and are illustrated on the Exhibit C map. Colorado Ute Electric maintains an easement for these structures. The Exhibit C map also illustrates the location of the poles used to support these lines. Because of the limited depth to be mined, and location of poles relative to the excavation, the operation will not materially affect the stability of these structures. The powerline shown on the Exhibit C map as being immediately west of the office is the supply line for the office and plant. The line was placed specifically for this operation and power is purchased from the Public Service Company. A small irrigation ditch is illustrated on the Exhibit C map as crossing the Phase III and Phase II areas. The ditch and water are owned by the operator and used to irrigate the pasture. The irrigation ditch and water will be appropriately controled to accomodate the operation as necessary. Additional information regarding the ditch and is given in Exhibit G. -6- Exhibit E -Reclamation Plan A series of ponds ranging in size from approximately 2.5 to 5.7 acres will be created. Most of the affected area has been previously used for pasture. The goal of reclamation will be to stabilize the site and use the area surrounding the ponds as rangeland/non-irrigated pasture. Additionally, by virtue of creating ponds as a result of mining, the site will gain some attraction as wildlife habitat. The ponds created may also be stocked with fish. It is anticipated that approximately 29± acres of the total 58.9 acres permitted will become ponds. The remainder of the permitted area will be revegetated or remain undisturbed. The Exhibit F map included herein portrays the anticipated final topography of the site. Reclamation will be implemented in conjunction with mining operations. As described in Exhibit D, it is expected that there will be three phases to the operation. Once mining moves into another phase, reclamation will be completed in the previous phase and there should be minimal lag in the timing and area unreclaimed. All final slopes of the ponds created will be graded to no steeper than 2:1, except from 5 feet above to 10 feet below the expected water line where slopes shall not be steeper than 3:1 as given by Rule 6.l(f), The surface areas around the pond have minimal slope and virtually no grading will be required on the surface areas surrounding the ponds (those areas away from the shore). The final surface configuration of the lands surrounding the ponds, except the shore, will generally be identical to the existing surface slopes (nearly level to a few percent). Soil salvaged during operations will be used for replacement on disturbed areas. The soil will be spread to a depth of about 6 to 8 inches on the disturbed -7- areas of Phase I (per the existing permit) and to a depth of about 12 inches on the Phase II and Phase III areas. Prior to reseeding, any compacted areas will first be scarified. The disturbed areas will then be seeded with the mixture appearing below. The proposed seed mixture slightly revises and increases the diversity of the existing approved seed mixture. The mixture includes species which are adapted to various soil textures. The proposed mixture makes provisions for sod and bunch grasses and emphasizes native species. The seeding rates are based on a density of 40 pure live seeds (PLS) per square foot (drilled rate). For the purposes of purchasing seed, a bulk rate is also given with the appropriate pure live seed rate incorporated into the calculations. RECLAMATION SEED MIXTURE AND CULTURAL PRACTICES Drilled Rate Pounds Bulk Pounds Species % of Mix PLS/Ac. To Purchase Streambank Wheatgrass 25 2.9 3.3 Western Wheatgrass 20 3.2 5.0 Galleta 20 2.2 3.2 Alkali Sacaton 15 0.2 0.3 Indian Ricegrass 15 1.9 4.2 Yellow Sweetclover 5 0.3 0.4 Total 100 10. 7 16.4 If broadcast seeded, the seeding rate will be doubled. The seed will be harrowed in or covered with a drag chain or similar measure in order to give approximately 1/2 inch of soil cover. Seeding will occur during the late fall or early spring (from about October 31 to April 1) in order to take advantage of available soil moisture conditions during the spring. -8- Fertilizer will be applied at a rate of 40 lbs./ac. available nitrogen, and 40 lbs./ac. available phosphate and worked into the soil during seed bed preparation. Hay mulch will be applied to south and west facing slopes at a rate of approximately 1 to 2 tons/acre, and mechanically crimped to anchor it against blowing. Domestic livestock grazing will be controlled until the vegetation has had an opportunity to become established. The off ice and batch plant consists of a mobile office and moveable equipment respectively. These structures will simply be moved from the site upon completion of the operation. The access road serves entry to other adjacent property and will therefore remain upon completion of the operation. -9- Exhibit F Reclamation Plan Map -Refer to Map Pocket at End of Application - -10- Exhibit G -Water Information Ground Water Ground water will be encountered during mining. The depth to ground water is expected to range from about 8 to 10 feet below the ground surface. This is based on information obtained from several holes excavated with a backhoe in the Phase I, II areas during January 1989. However, it is likely that some seasonal fluctuations occur in the level of water table occur due to runoff and irrigation practices in the area. Historically, since operations began at the site in 1979, the pit area has been dewatered by pumping into an adjacent downgradient pond only when actual mining occurs. This eliminates the need to discharge the water to the stream and, because of infiltration through the gravel, allows clean water to re-enter the alluvium, and minimizes the affect of drawdown. According to the operator, dewatering operations in the pit do not have any noticible affect on the levels of water in adjacent ponds which surround the affected area. For the additional area to be mined, the technique of dewatering will be similar to the existing method which has been used at the site since inception of operations. Dewatering of the pit area to be worked will continue to occur by pumping to an adjacent pond, one that has been previously mined in the affected area. Because the pit takes several years to mine, dewatering will only occur during the period the site is actually mined. Water for use in the gravel washing portion of the operation conducted in the plant will be obtained from a pond immediately adjacent to the plant and then routed directly back into the pond. There are are no chemicals used in the operation but this method allows the settling of -11- sediment into the pond and filters the water as it percolates back through the alluvium. The plant is operated intermittently (about 60-days per year) and requires about 800 gpm during washing operations. As indicated in Exhibit E, it is anticipated that approximately 29± acres of the total 58.9 acres permitted will become ponds. Surf ace Water Runoff from the site occurs over slopes ranging from less than 1 percent to about 2 percent towards the south and southwest. The drainage occurs as overland flow across pasture and over the area currently being worked. Because of the low inclination of slopes much of the water infiltrates into the ground surface and the effective runoff is limited. Runoff occurs only during brief periods of the spring melt and intense summer storms. No additional measures will be required to control surface flow. A small irrigation ditch crosses the Phase III and Phase II areas. The ditch is a shallow, narrow grass-lined earthen channel excavated into the ground. The ditch is owned by the operator and the water is also owned by the operator through shares in the Grand River Ditch Company. The ditch on the subject property is not the main irrigation ditch in the area but a lateral of the ditch used to water the pasture and terminates on site. Water is distributed across the pasture by shallow furrows. During the course of operations, it is likely that those areas not being mined will continue to be irrigated. Water from the ditch will be controlled as necessary to accommodate the mining operation. -12- Exhibit H -Wildlife Information The operation is expected to have a minimal impact on wildlife during the course of operations. Mining has the effect of immediately displacing animals inhabiting the area to be disturbed and animals using the area for foraging or hunting. The elements of potential wildlife habitat are rated on a basis according to the amount of vegetation that is available to wildlife as food and cover. The kind and abundance of wildlife that populate an area depend largely on the amount and distribution of food, cover, and water. If any one of these elements is missing, inadequate, or inaccessible, wildlife becomes scarce or does not inhabit the area. The majority of the area to be disturbed per this application exists to the northeast of the present limited impact permit area. The site is open and pastured by domestic livestock but produce plants that provide food, cover and some nesting areas that are primarily attractive to rodents and ground-dwelling birds, and the predators that feed on these animals. Wooded areas to the south of the site provide an abundance of cover and nesting areas. According to ratings criteria relating soils, vegetation types, and wildlife habitat potentials, undisturbed areas immediately surrounding the existing limited impact affected would be rated as good for rangeland or openland-type of habitat. Where ponding occurs, the area is also attractive to waterfowl and other animals that utilize such areas. Where trees and shrubs are present to the south of the affected area, and the area is undisturbed, it would be considered good for riparian-woodland wildlife habitat. The cultivated area to the northeast of the existing permit area would be considered as fair for rangeland or openland-type of -13- habitat. The major species likely to be transient to or inhabit the site or immediately adjacent areas are given below. There are no threatened or endangered species known to inhabit or frequent the actual area to be affected by the operation. In addition to the information provided herein, the Division of Wildlife has previously commented that for the original permit area the impact would be minor. Birds Finch Mourning Dove Meadowlark Owls Various Other Songbirds Hawks Waterfowl Bald Eagle Raven Pheasant Reptiles/Amphibians Salamander Toad Garter Snake -14- Larger Mammals Mule Deer Raccoon Skunk (Striped, Spotted) Muskrat Beaver Coyote Grey Fox Rodents White-footed Mouse Meadow Vole Pocket Gopher Cottontail Rabbit Chipmunk/Ground Squirrel Whitetail Jackrabbit Exhibit I -Soils Information The affected area lies at an elevation of about 5,340 feet and has slopes ranging from nearly level to a few percent. The soils are developed in alluvium and are generally deep and loamy to sandy-textured. The area has been recently mapped by the USDA Soil Conservation Service (SCS). Descriptions of soil units given below are based on an adaptation of the available SCS data. Figure I-1 is a soils map showing the general delineation of the soils present in the subject area. The majority of the soils present in the area to be disturbed are representative of the Kim loam and, the Wann sandy loam. A small area of halaquepts-type soils are present on the extreme northerly side of the existing limited impact permit area. (Kl) -Kim Series The Kim series are fine-loamy, mixed, mesic Ustic Torriorthents and consist of deep, well drained soils, that formed in colluvial alluvial outwash from mixed shale and sandstone. These soils occur gently sloping terraces area at elevations of about 5,000 to 6,000 feet. The soils are on slopes of about 3 to 12 percent. Also included with the map unit are small areas of geographically associated soils and soils of similar competing series. Typically the surface layer is a yellowish brown or light yellowish brown loam about 17 inches thick. The underlying material is light brownish gray loam to a depth of of about 60 inches; but in places the underlying material is stratified with fine sandy loam. Permeability is moderate. The surface runoff is slow and the erosion potential is moderate. The available water capacity is high. A representative profile -15- "' * l~N GNi ( : i .• '; I I 12\.7' }'43•;1-.~ 3it:i'il:S1 !, :' ii.- v '>J L 1 UUf-\UKf-\l'lULC.. ~ORADO-GARFIELD CO. SOIL MAPPING UNITS Kl -Kim loom, 3 to 6 percent slopes. Ho -Holoquepts, variable soils, nearly level slopes. Ws -Wann sandy loom, I to 3 percent slopes. To -Torrifluve nts, nearly lev111 slopes(out- side permit area) }}}~;}} Permit Area R•ft1r to text for dt1toils. 100Eoc:E<:::=oi===100EoEEEE2ooi:o=='oooE=EEE'ooo3::::==':;:00?=0 ~='"=oo=o ==':::iooo FEET CONTOUR INTERVAL 40 FEET of the Kim loam is included herein. (Ws) -Wann Series The Wann series are coarse-loamy, mixed, mesic Fluvaquentic Haplustolls and consist of deep, somewhat poorly drained soils that formed in alluvium derived from sandstone and shale. These soils occur on low terraces and valley bottom land at elevations of about 5,000 to 6,500 feet. These soils are on slopes of about 1 to 3 percent. Also included with the map unit are small areas of geographically associated soils and soils of similar competing series. Typically the upper part of the surface layer is a dark grayish brown sandy loam about 8 inches thick, and the lower part is dark grayish brown fine sandy loam about 4 inches thick. The upper part of the underlying material is mottled, light brownish gray fine sandy loam and sandy loam about 24 inches thick, and the lower part is mottled light brownish gray coarse sandy loam to a depth of about 60 inches. Permeability of these soils is moderately rapid. Runoff is slow and the potential for water erosion is moderate. The available water capacity is high. (Ha) -Halaguepts This soil type is consists of deep, somewhat poorly drained to poorly drained, nearly level to gently sloping, salt-affected soils on low terraces. Slopes are 0 to 6 percent. The soils are extremely variable. The upper 24 inches ranges from loam to clay, and the underlying layers are generally gravelly, Stratified sand gravel and cobbles are at a depth of 24 to 40 inches, with gravel and cobbles occurring at or near the surface in some areas. -17- (Kl) Kim Series --Representative Profile Ap -0 to 7 inches; yellowish brown (lOYR 5/4) loam; dark yellowish brown (lOYR 3/4) moist; weak fine platy structure; soft, very friable, calcareous; mildly alkaline; gradual wavy boundary. Al2 - 7 to 17 inches; light yellowish brown (lOYR 6/4) loam, dark yellowish brown (lOYR 3/4) moist; weak very fine granular structure; soft, friable, slightly sticky and slightly plastic; calcareous; moderately alkaline; clear wavy boundary. AC -17 to 26 inches; light brownish gray (lOYR 6/2) loam, dark grayish brown (lOYR 5/2) moist; weak medium subangular blocky structure; slightly hard, friable, slightly sticky and slightly plastic; calcareous; moderately alkaline; clear wavy boundary. Cl -26 to 36 inches; light brownish gray (lOYR 6/2) loam, grayish brown (lOYR 5/3) moist; weak fine subangular blocky structure; slightly hard, friable, slightly sticky and slightly plastic; 10 percent cobbles and sandstone fragments; calcareous; moderately alkaline; clear wavy boundary. C2 -36 to 60 inches; light brownish gray (lOYR 6/2) loam, grayish brown (lOYR 5/2) moist; massive; slightly hard, friable, 10 percent cobbles and sandstone fragments; calcareous; moderately alkaline. The A horizon has hue of lOYR or 7.5 YR, value of 5 to 6 dry and 3 to S moist, and chroma of 2 to 4. The C horizon has hue of lOYR or 7.5 YR, value of S to 7 dry and 4 to 6 moist, and chroma of 2 to 4. Some visible lime concretions are found intermittently throughout this horizon in many places. Source: SCS Soil Survey, Rifle Area, Garfield County (1985). -IB- (Ws) Wann Series --Representative Profile Ap -0 to 8 inches; dark grayish brown (lOYR 4/2) sandy loam; very dark grayish brown (lOYR 3/2) moist; weak medium subangular blocky structure parting to moderate fine granular; soft, very friable, few very fine white (lOYR 8/2) salt accumulations; calcareous; mildly alkaline; clear smooth boundary. Al2 - 8 to 12 inches; dark grayish brown (lOYR 4/2) fine sandy loam, very dark grayish brown (lOYR 3/2) moist; few fine distinct yellowish brown mottles; weak medium subangular blocky structure parting to moderate fine granular; slightly hard, friable; calcareous; moderately alkaline; clear smooth boundary. Cl -12 to 17 inches; light brownish gray (lOYR 6/2) fine sandy loam, dark grayish brown (lOYR 4/2) moist; few fine distinct yellowish brown mottles; massive; soft, very friable; calcareous; moderately alkaline; clear smooth boundary. C2 -17 to 36 inches; light brownish gray (lOYR 6/2) sandy loam, dark grayish brown (lOYR 4/2) moist; many distinct yellowish brown mottles; massive; soft, very friable, calcareous; moderately alkaline; gradual smooth boundary. C3 -36 to 60 inches; light brownish gray (lOYR 6/2) coarse sandy loam, dark grayish brown (lOYR 4/2) moist; many distinct yellowish brown mottles; massive; loose, very friable, calcareous; moderately alkaline. The A horizon has hue of lOYR, value of 4 or 5 dry and 2 or 3 moist, and chroma of 1 or 2. The C horizon has hue of lOYR or 2.5 Y, value of 6 or 7 dry and 4 or 5 moist, and chroma of 2 or 3. Thin lenses of stratified sand and silts occur intermittently in the C horizon. Source: SCS Soil Survey, Rifle Area, Garfield County (1985). -19- Exhibit J -Vegetation Information Native vegetation in the potential plant community would include mainly wheatgrasses, alkali sacaton, Indian ricegrass, as the predominant grasses. The characteristic undisturbed plant community based on associations with soil types is given as follows: Soil Type Kim loam Wann sandy loam Species Indian Ricegrass Bluebunch Wheatgrass Western Wheatgrass Prairie Junegrass Muttongrass Big Sagebrush Needle-and-thread Rabbitbrush Alkali Sacaton Baltic Rush Rabbit brush Skunkbush Sumac Saltgrass Sedge Relative Percentage in Plant Community 15 15 10 10 10 10 5 5 35 10 10 10 10 10 The following data represents a compendium of information developed during a vegetation inventory of the original permit area conducted by staff of the SCS, and additional information obtained during a field visit in January 1988. Plant Species of the Affected Area I. Existing Disturbed Area --Previously Mined The site exists on slopes that range from nearly level to a few percent. The site occurs in and immediately adjacent to the existing limited impact permit area and reflects vegetation which has invaded around the area that has been previously disturbed by mining activities. Vegetation is sparse and bare ground is widely distributed. Where present, the ground cover is estimated to be approximately 30 percent density. The total annual yield is estimated to be about 1,000 pounds/acre, air dry. -20- Trees and Shrubs Cottonwood (Populus sp.) Salt Cedar (Tamarix sp.) Rabbitbrush (Chrysothamnus sp.) Skunkbush Sumac (Rhus trilobata) Willow (Salix sp.) Grasses and Grass-like Plants Forbs --- Cheatgrass (Bromus tectorum) Russian Thistle (Salsola kali) Lambs Quarter (Chenopodium sp.) Sunflower (Helianthus sp.) Hairy Golden Aster (Heterotheca sp.) II. Undisturbed Areas --Existing Location Estimated % Composition 10 15 T T T-2 T 60 5 T T The site exists on slopes that range from nearly level to a few percent, The site occurs in and immediately adjacent to the existing limited impact permit area which has not been disturbed by mining activities. Vegetation was inventoried on the best range area to give an indication of the site's capability. The ground cover is estimated to range from about 15 percent to approximately 40 percent density. The total annual yield is estimated to be about 1,500 pounds/acre, air dry. Trees and Shrubs Estimated % Composition Black Greasewood (Sarcobatus vermiculatus) 10 Rabbitbrush (Chrysothamnus sp.) T Sagebrush Artemesia tridentata) T Cottonwood (Populus sp.) T Willow (Salix sp,) T Grasses and Grass-like Plants Forbs --- Saltgrass (Distichlis stricta) Junegrass (Koeleria sp.) Lambs Quarter (Chenopodium sp.) Russian Thistle (Salsola kali) Hairy Golden Aster (Heterotheca sp.) -21- 80 T 7 5 T III. Undisturbed Areas --Conversion Area The majority of the area to be disturbed per this application exists to the northeast of the present disturbed area. The site is used for irrigated pasture. The land surface is very gentle and slopes to the south and southwest at site exists on slopes that range from less than 1 percent to around 2 percent. The site was visited in January of 1989 and was covered with snow. Moreover, the site has been mowed and identification of individual species and their relative composition in the plant community was not possible. Therefore, the former landowner was interviewed to determine what vegetation was being cultivated. According to Mr. Chambers, the area had been planted on several occasions within the past 4 to 5 years. Adjacent to the southerly side of the site exist some local cottonwood and shrubs. The Exhibit C map illustrates the location of this type of vegetation. The ground cover is estimated to be approximately 60 to 70 percent density. The total annual yield is estimated to be about 2,500 pounds/acre, air dry. Trees and Shrubs Cottonwood (Populus sp.) Grasses and Grass-like Plants Forbs ~~- Intermediate Wheatgrass (Agropyron intermedium) Orchardgrass (Dactylis glomerata) Alfalfa (Medicago sativa) Dandelion (Taraxacum sp.) -22- Estimated % Composition T 15-40 10-30 25-50 T-5 Exhibit K -Climate Climatic data regarding temperature and precipitation for the town of Rifle, located about two miles to the west of the pit site, is given here. The temperature data is for a period of record of 52 years; the period of record for the precipitation data is for 57 years. Additional climatic data was obtained from Climates of the States, Colorado, by Joseph Barry, U.S. Department of Commerce, Climatography of the United States, No. 60-5. The mean annual temperature is about 47.8°F. The mean minimum January temperature is about 9°F.; the mean maximum January temperature stands at about 38°F. In July, the mean minimum temperature is about 48°F and the mean maximum temperature is about 88°F. The seasonal temperature ranges from the 90°1 s to a low of 0 to -20°F. The mean annual precipitation is about 11 inches. The greatest monthly precipitation occurs in the winter months, while June is the driest month. Snow during the winter months can amount to a significant amount of moisture in some years. The mean annual snowfall is about 49.9 inches, with the majority of the moisture occurring between the months of November through March. Snow falling on this area melts early, encouraging the growth of cool season grasses. The frost-free period (daily minimum temperature higher than 32°F) ranges from about 84 to 143 days in length; the growing season for native plants is May through September with the optimum growth period in the early spring and summer months. -23- Exhibit L -Reclamation Costs Reclamation costs are based on a phase bonding of the operation and represents the estimated maximum unreclaimed area to occur at any given time. The operation will soon be completed in Phase I and move into Phase II. Once operations begin in Phase II, reclamation of the completed portions of Phase I will commence and continue concurrently with operations. Estimated costs are based on reclaiming the disturbed areas of Phase I and about 5 acres of Phase II. The rate of mining has been historically slow (about 1 ac. per year), and this plan would thus allow a certain area for operations to get underway in Phase II while commencing and completing reclamation on the worked out portions of Phase I. Thereafter, Phase II would be completed while concurrent reclamation occurs on the worked out parts of the phase. The same would occur for the Phase III portion. There will then be about 8.8 acres of water in Phase I and 3.2 acres of water in Phase II portion per this plan. Approximately 8.7 acres will become the shoreline and immediate slopes into the ponds; of this, approximately 3.5 acres will be above the water and require soil replacement, preparation, seeding. There will be approximately 9.2 acres of non-shore surface area (equipment storage area, near shore areas, etc.) to be minimally affected but are included in the estimates for ripping, seeding, etc. Approximately 3.3 acres between both areas will remain undisturbed and require no reclamation. Grade pit sideslopes with D-9 dozer. Approx. 8.7 ac. of shoreline slopes. $1,500/acre X 8.7 ac. Replace approximately 8 inches (approx. 3,865 cu. yd.) on Phase I area and 12 inches (approx. 1,788 cu. yd.) of soil on Phase II area (on shore area above water) using a 621-B scraper and D-9 dozer. $0.80/cu.yd. X approx. 5,653 cu. yd. Ripping/discing. $125/ac. x approx. 12.7 Seed and seeding. $200/ac. x approx. 12.7 Fertilizer. $80/ac. X approx. 12.7 ac. Mulch 2 tons/ac., mechanically crimped. $250/ac X approx. 12.7 ac. Remove structures. No cost, structures are moveable and valuable. Misc. site clean-up. Mobilize/demobilize equipment. ac. ac. Total -24- $13,050 4,522 1,588 2,540 1,016 3,175 0 500 1,000 $27,391 Exhibit M -Compliance with Local Zoning The existing operation was granted a Conditional Use Permit by Garfield County in 1978. For the additional area to be affected, a new application has been submitted for a Special Use Permit. The process requires consideration before the Board of County Commissioners. -25- Exhibit 0 -Source of Legal Right to Enter This statement is provided to acknowledge that Casey Concrete Co. has the legal right to enter and mine the lands described in Exhibit 'A' of this application and illustrated on the accompanying maps~ ,~· ?/,-.('~ By, ·,1::1.l_/ M~~ Richard N. Casey d- Date January 27, 1989 Subscribed and sworn before me this 27thday of January , 1989. &?1t \M.ar,/1_./ R;ifi;; Turner Notary Public My Commission Expires: 8-11-90 -26- Exhibit P -Owners of Record Owners of Surface and Substance to be Mined Leased Land: Yvonne D. Chambers Box 768 Silt, CO 81652 -27- Fee Simple Land: Richard N. Casey Box 1815 Rifle, CO 81650 Exhibit Q -Municipalities Within Two Miles The following is a list of municipalities within two miles of the proposed affected area: City of Rifle 202 Railroad Ave. Rifle, CO 81650 -28- PUBLIC NarICE Take Notice that Casey Concrete co. has applied to the Board of county Commissioners, Garfield county, State of Colorado, to grant a Special use Permit in connection with the following described property situated in the county of Garfield, state of colorado; to-wit: Legal Description: Portions of the S 1/2 of the SW 1/4 and the NE 1/4 of the SW 1/4 and the N 1/2 of the SW 1/4 and the SW 1/4 of the SE 1/4 all within Section 11, T.6S, R.93W of the 6th P.M., and the NW 1/4 of the NW 1/4, Section 14, T.6S, R.93W of the 6th P.M., Garfield county, Colorado containing 58.9 acres, more or less. Practical Description (location with respect to highway, county roads and residences): An area located approximately 1.8 miles east of Rifle off of State Highway 6 & 24. Said Special use Permit is to allow the Petitioner to expand an existing sand and gravel mining and processing operation on the above described property. All persons affected by the proposed Special use Permit are invited to appear and state their views, protests or objections. If you cannot appear personally at such hearing, then you are urged to state your views by letter, particularly if you have objections to such Special use Permit request, as the Board of county commissioners will give consideration to the comments of surrounding property owners and others affected in deciding whether to grant or deny the request for the Special use Permit. This Special use Permit application may be reviewed at the office of the Planning Department located at 109 8th Street, suite 303, Garfield county courthouse, Glenwood Springs, Colorado between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. That public hearing on the application for the above Special use Permit has been set for the 13th day of M:trch, 1989, at the hour of 10.00 A.M. at the office of the Board of county commissioners, Garfield county courthouse, suite 301, 109 8th Street, Glenwood Springs, COlorado. Planning Department Garfield county tm·~~1--~~~~s1~~~J~E~O_F~G~O_LO~R.AD~O~~ : w ~ ~ • Roy Romer, Governor ·~· .. 1876 ... DEPARTMENT OF NATURAL RESOURCES MINED LAND RECLAMATION DIVISION FRED R. BANTA, Director MEMORANDUM [J' ··· ' i : '. DATE: County, City, and Town Zoni~Ol~~:Y.~"~ ; , I;~ FEU 101989 :i' ii1 ,1 t0 February 6, 1989 ·~AHHELD COUNT'{ TO: Garfield County Planning Department 109 8th Street Ste 200 Glenwood Springs, CO 81602 FROM: Daniel I. Hernandez 1)~ Pursuant to the requirement of the Colorado Mined Land Reclamation Act* to infonn counties and certain municipalities of mining and reclamation pennit amendment applications filed with this office, please know that Dick Casey Concrete, Inc. has filed a/an conversion to the mining operation at or near Section 14.0, Township 6.0 S, Range 93.0 W, 06th Prime Meridian. The applicant proposes to reclaim the site for rangeland. The applicant is required to place a copy of the application for public inspection with the Clerk of the county in which the proposed mine is situated. This is intended to provide the application for public review and comment. Please note that it is not intended to be made a part of public record by recording. The Board is tentatively scheduled to consider this application on April 26, 1989. If you have any questions, please contact me. ~icle 32 of Title 34, Colorado Revised Statutes, as amended. l 616G 215 Centennial Building, 1313 Sherman Street Denver, Colorado 80203-2273 Tel. (303) 866-3567