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Home My WebLink About780455.tiff RESOLUTION RE: ACCEPTANCE OF ZONING INSPECTOR' S REPORT CONCERNING THE SPECIAL USE PERMIT ISSUED TO BEST-WAY PAVING COMPANY. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on June 7, 1978, Best-Way Paving was issued a Special Use Permit on property described as the Northwest Quarter of Sec- tion 2, Township 5 North, Range 66 West of the 6th P .M. , Weld County, Colorado, and WHEREAS, on October 11, 1978 , the Board of County Commissioners of Weld County, Colorado received a letter from A.M. Dominguez, attorney for H. O. P. E. , Inc. , an association of homeowners adja- cent to the property being mined by Best-Way Paving Company. Said letter sets forth six items believed to be in violation of the Special Use Permit, and WHEREAS, the Department of Planning and Zoning of Weld County, Colorado made a field check on the abovedescribed real estate to determine if Best-Way Paving Company is in violation of the Special Use Permit issued to them, and WHEREAS, the Department of Planning and Zoning of Weld County, Colorado has submitted to the Board of County Commissioners a report dated October 12, 1978 which itemizes the complaints set forth in the October 11, 1978 letter from H. O. P. E. , Inc. , and further sets forth the results of the inspection, said report being attached hereto and incorporated herein by reference at this point, and WHEREAS, the Board of County Commissioners of Weld County, Colorado deems it advisable to accept said report of the Department of Planning and Zoning. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commis- sioners of Weld County, Colorado that the report of the Planning and Zoning Department dated October 12 , 1978 concerning the Special Use Permit issued to Best-Way Paving Company be, and hereby is, 780455 �!%ice /1( _ 7L 1/9/ accepted and further that a copy of said report shall be sent to A. M. Dominguez, attorney for H. O. P. E. , Inc. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 18th day of October, A.D. , 1978. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO/I 4( *. eZjroereZt /Y ��2/ L pr yam.-.�(Y_ (2a -C:. „_ laa-,,,at-c�.. /� • Oa+t \--,. 1 ATTEST ° CLV ,�.v uL- Lr✓ U Weld County Clerk and Recorder and Clerk to the Board � B '�' -. �%:/P,-ire�. -C-1, -•�.� � �3./.C��O . ��'bJJeputy County C1 rk APPROVy�� AS TO FORM: County Attorney Date Presented: October 23 , 1978 INSPECTOR S REPORT scar oF COLORA - ---•_--•- - Y Of WELD ss. fCOU iie NTwi:n t ea Y-«, f,oard of County Cornet t rs 1111v1 : Best-Way Paving ; (:) . OCT Z 8 ,g ra ?ga I Description of Property : -_- NE-?f Section 2, T5N , G6W COUNTY CLERK RNC RETARDER Ito: October 12,_^1978 T-_--_—_- - - Time : • This inspector field checked the above Qarcel _xv .7,'cm Qnn-, Zoning Administrator, to determine if Best-Wav is in violation of the Spori21 Use Permit issued to them on June_ 7._ 1978. On October 11 . 1978, the Board of County Commissioners received a letter from A. M. Dominguez, . attorney for H.O.P.E. , Inc. , an association of homeowners adjacent to the property being mined by Best-Way Paving Company. Said letter sets forth 6 items believed to be in violation of the Special Use Permit . Tom Honn and this inspector walked the property, spoke to employees operating equipment , and spoke to Carl Hill, Jr. , president of Best-Way. The following itemizes the complaints set forth in the October 11 , 1978 letter and further sets forth .the results of the inspection . 1. Best-Way Paving Company has been operating before daylight hours in violation of Operations Standard No. 2, "All sand and gravel operations shall be conducted during the hours of daylight . . . " - Carl Hill informed this inspector that for an approximate period of one week, • the asphalt plant operation was being conducted before daylight hours. He said it would not continue to be operated before daylight hours. - - However, the Operation Standards refer specifically to the sand and gravel operations not being conducted before daylight hours. Therefore, no violation exists at this time concerning Item #1. • Zoni g Inspector •ote : Attach this sheet to the complaint report pertaining to this zoning violation. 2 . Refuse and garbage is not being disposed of in a sanitary manner , in violation of Operations Standard No. 13 , "Garbage and refuse on the property shall be disposed of in a sanitary manner. " - On October 5 , 1978 , the Health Department received a complaint from a property owner concerning improper disposal of refuse and garbage . On October 6 , 1978 , Harry Collier of the Weld County Health Department inspected the property noting that garbage had not been covered properly. On October 11 , 1978 , Harry Collier returned to the property noting the problem had been corrected. A copy of this report is available at the Weld County Health Department . 3 . No five foot steps have been made where overburden cuts do not naturally assume a 2 : 1 slope in violation of the mining plan submitted by Best-Way Paving Company , in particular, page 29. "Places where overburden cuts will not naturally assume a 2 : 1 slope they will be benched back from the top of the gravel in five foot steps to insure that a person . . . " - It is the opinion of the Weld County Department of Planning Services that this item is not under the County ' s jurisdiction , but rather falls under the authority of the Mined Land Reclamation Board. This item refers to the plan to extract the gravel which was submitted to explain the intended method of mining . From the information sub- mitted, the Operation Standards , which control the operation, were developed . The item described is not associated as part of the Operation Standards in the Special Use Permit . 4 . There is presently ponding of water at the mining site in violation of the mining plan as submitted by Best-Way Paving Company , in particular , page 30. "There will be no ponding of water at the site until Phase XII . . . " - It is the opinion of the Weld County Department of Planning Services that this item- is not under the County ' s jurisdiction, but rather falls under the authority of of the Mined Land Reclamation Board. This item refers to the plan to extract the gravel which was submitted to explain the intended method of mining. From the information submitted, the Operation Standards , which control the operation, were developed . The item described is not associated as part of the Operation Standards in the Special Use Permit . 5. To the best of our knowledge and belief , loaders and scrapers have not been muffled and are being operated in Areas 1 and 14 , in viola- tion of Operations Standard No . 14. "All loaders and scrapers shall he muffled when Areas 1 , 2 , 3 and 9 through 14 are mined. " - Carl Hill noted that the 1978 model scraper owned by Best-Way and operated in Areas 1 and 14 has passed the L.P.A. ' s permissible noise level tests . All loaders and scrapers observed this date were muffled. The Department of Planning Services has requested the Health Department to take its noise equipment to the Best-Way site and check for compliance with the Operations Standard . 6 . To the best of our knowledge and belief a water spray bar has not been installed on the existing rock crusher for dust control , in violation of Operations Standard No . 15. "A water spray bar shall be installed on the existing rock crusher for dust control . " - The Rock Crusher was put into operation specifically for this inspection . The spray bar is installed and being used . Therefore , no violation of Operations Standard 15 of the Special Use Permit exists at this time. For comparison ' s sake , this inspector re- quested that the rock crusher be operated both with the spray bar emitting water and without water being sprayed. The dust was quite noticeable within minutes after the spray of water was discontinued . The overall inspection would indicate the activity relating to present applicable Operation Standards of the Special Use Permit appears to be in conformance. Weld / / / it( O1 III Al II WW e'ld County health apartment Ln vllA wl nrlo" Irn ....Ly FHANKI IN I) "'.All IF MI) M1i`I WII UNA 111.1(IK H.rilyn 1M,Ow 1N5 IK)M'I I AI ROAN 11111111) ()lr KI miry GREELEY, COLORADO 80631 M rti n.n NI UE,. .w I) GmAey ANNI 'I1 M IF PrI (F',Fi IN 9d'1&0,'.Ap F HANK MYI IV F, M r II Wu,d;or ;If RS(lit I PIFF[I't. JH M0 (lnlry ,AMII II N ',HAUG ENE SSY RIIN AWI October 23, 1978 R,II R, WA,hF,L1 111� I,,. Gary Fortner, Director Planning & Zoning 915-10th Street Greeley, CO 80631 Dear Mr. Fortner: On Friday afternoon, October 20, 1978, I made an inspection of the Bestway Paving Company site to determine ambient noise concentrations at property lines to determine compliance with the Colorado Noise Statute 25-12-101., C. R.S. 1973. Accompanying me on this inspection were Tom Hohn and Cathy Carter of your staff. Noise concentrations at the western boundary did not exceed 55 db(A) . Working on this boundary was a scraper and a water truck. The scraper, compared to the water truck, was a quieter machine. Vehicle speeds observed did not exceed 10 m.p.h. Noise concentrations at the northern boundary, the irrigation ditch, did not exceed 50 db(A) . However, the asphalt batch plant was not operating when we got to this location on the survey. Noise concen- trations along this boundary are reduced by dirt and gravel mounds of approximately 30 feet in height along part of this boundary. Noise levels at points south of the rock crusher along the existing pit/proposed pit expansion line were at 72-73 db(A) . Noise generated by the rock crusher, loader, and the asphalt plant (operating at this time) seemed to be responsible for most of the recorded noise levels. Our division intends to perform other noise testing at the proposed pit expansion boundary lines within the next two weeks. However, at this time our division feels that there is no problem with noise levels emanating from the present Bestway site and that noise levels are in compliance with Colorado Noise Statute 25-12-101 , C.R.S. 1973. If we can be of further service, please feel free to contact this office. Sincerely, gç „'1t g25L6 j � Ronald K. , Supervisor Environmental Health Services RKS:dr ��i, � �9 ' ` ' 0j ,tf�G� -1 a c CE Fp PO s� 0aa�V14 •,exs‘- - 07 (\\ Is6bLmo A. M. DOMINGUEZ, JR. ATTORNEY AT LAW ' �YUNTI' CQIWIIISSI�IlERS 1220 11TH AVENUE �-^ GREELEY, COLORADO 80631 �� (303) 356-1562 n�* 0 0CT 11 ?9718w" October 9 , 1978 GREELEY. COI.O Board of County Commissioners Weld County Colorado Centennial Center Greeley, CO 80631 Re: Bestway Paving Company, et al. Special Usc Permit Dear Commissioners : I represent H.O.P.E. , incorporated, an association of homeowners adjacent to the property which is being mined by Best-Way Paving Company and on which a Special Use Permit was issued by you on June 7 , 1978 . This letter is in the form of a complaint and we hereby set forth that Best-Way Paving Company is not complying with the Special Use Permit and request that the Board of County Commissioners shall investigate as per the Weld County Official Zoning Resolution 6 . 1 (3)O. , page 48 , for the purpose of requiring complete compliance with said Special Use Permit or cancellation of said permit. It is hereby set forth that Best-Way Paving Company is in viola- tion of the Special Use Permit and of the development standards which were made part of that Special Use Permit in the following particulars : 1 . Best-Way Paving Company has been operating before daylight hours in violation of Operations Standard No. 2, "All sr°,nd and gravel operations shall be conducted during the hours of daylight. . . " 2 . Refuse and garbage is not being disposed of in a sanitary manner, in violation of Operations Standard No. 13 , "Garbage and refuse on the property shall be disposed of in a sanitary manner. " 3. No five foot steps have been made where over- burden cuts do not naturally assume a 2 : 1 slope in violation of the mining plan submitted by Best-Way Paving Company, in particular , page 29. "Places where overburden cuts will not naturally assume a 2 : 1 slope they will be benched back from the top of the gravel in five foot steps to insure that a person. . . " v a. 1 �/L- ' Page 2 Brd. County Commissioners 10-9-78 4 . There is presently ponding of water at the mining site in violation of the mining plan as submitted by Best-Way Paving Company, in particular, page 30 . "There will be no ponding of water at the site until Phase XII. . . " 5. To the best of our knowledge and belief loaders and scrapers have not been muffled and are being operated in Areas 1 and 14 in violation of Operations Standard No. 14 . "All loaders and scrapers shall be muffled when areas 1, 2, 3, and 9 through 14 are mined. " 6 . To the best of our knowledge and belief a water spray bar has not been installed on the existing rock crusher for dust control, in violation of Operations Standard No. 15 . "A water spray bar shall be installed on the existing rock crusher for dust control . " The alleged violations listed above, numbers 3 and 4 , are violations of the mining plan which was presented to the Board of County Com- missioners and where representations were made to the County Com- missioners of operating standards. These representations were part of the basis for the decision to grant the change in zone and to grant the Special Use Permit. My clients request that the Board of County Commissioners invoke the provisions of Section 4 , 6.1 (3) Open Mining, G, page 48, of the Official Weld County Zoning Resolu- tion and determine whether the alleged violations exist and if so to take the necessary steps to correct the violations or cancel and revoke the Special Use Permit issued to Best-Way Paving Company in this matter . As interested parties in this matter, my clients request that they be kept informed of the steps being taken in regard to this com- plaint and also to receive notification to my office of any hearings which may be held for the purpose of acting on this complaint . Please.' vise. Very t my yours,/ . . Dominguez, Jr. A orney at Law AMD/msr cc: H.O.P.E. Ed Dunbar Norman Carlson Victor Jacobucci June Steinmark Leonard Roe Hello