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HomeMy WebLinkAbout770243.tiff RESOLUTION RE: AMENDMENT TO SPECIAL USE PERMIT NO. 275:75:2 -- STATE HIGHWAY DEPARTMENT/ MOUNTAIN AGGREGATES. WHEREAS, Mountain Aggregates, Inc. , P. O. Box 10, Platteville, Colorado, subcontractor to the Colorado State Division of Highways permittee in Weld County Special Use Permit No. 275:75:2, authorizing a gravel pit operation, has requested the approval of the Board of County Commissioners, Weld County, Colorado, for a change of the pit pumping plan as approved in the original permit, and WHEREAS, the proposed change would allow the petitioner to pump directly to the South Platte River across the Patterson Ditch, and WHEREAS, the Board of County Commissioners has heard the petitioner and statements of all those present, and has received notice that the Delta Irrigation Company, owner of the Patterson Ditch, has no objection to the proposed change in pit pumping plan, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Mountain Aggregates , Inc. , as subcontractor to the Colorado State Division of Highways for a change to the pit pumping plan required as a condition in Special Use Permit 275:75:2, be, and hereby is granted subject to the following conditions : 1 . That Mountain Aggregates submit a letter assuming liability for any damage caused to the Patterson Ditch or surrounding properties by the change. 2. That the Board of County Commissioners reserves the right to require Mountain Aggregates to discontinue the pumping process herein approved and to return to the original approved plan as out- lined in the Special Use Permit at any time deemed necessary by the Board after notice to the applicant; and that the Delta Irrigation Company be granted a similar right to require a change back to the original pumping plan. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote onthe 31st day of January , A.D. , 1977. et". PLC c?33 770243 The above and foregoing Resolution was read into the record and signed on the 7th day of February, A.D. , 1977. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 1. , i „ e ATTEST: ‘111mac, e.,. 0 Weld County Clerk and Recorder and Clerk to the Board, , BY: - Deputy `county Clerk APPROV AS TO FORM: l County Attorney -2- i P. 0. Box i0 Q :'L.ATTEVILLE, CC LORADO - now +�1 EMPatE P O. BOX H TELEPHONE 560.2824 C AREA CODE 303 ?, - EMPIRE, COLORADO - 80438 � �im, RT. 2 - P. O. BOX 133 . GREELEY • TELEPHONE 3526886 GREELEY, COLORADO • 80631 AREA CODE 303 November 1 , 1976 • Colondo Department of iiirhlna ys ' L`r. L. G . Duncan, ides. n;*,r. ' i;ou 850 Greeley, Colorado 90631 Dear i.r. Duncan : ' h',1:: Project TQFC 0314-2(1t ) Subject: Request fora chance of special provision page //19. :Je are requesting a change of the pit pumping plan as provided by parse 19 of the special conditions . Ye request that we be able to pump directly to the river across the Patterson • Ditch. Thin method was discussed with Glen Billings , County . Commissioner and was approved as lout' as we dial not interupt ' the flaw of the ditch or cause any damage to the ditch, or in ' ' any way cause users of the ditch to lose any of their water. Thank you for your cooperation in this matter. • • Joseph Kuntz) JACK KINSTLINGER ."K.; LXLCUI i..p DIRECTOR DIVISION OF HIGHWAYS - DISTRICT 4 E. N. HAASE DWIGHT M. BOWER CHIEF ENGINEER '� I.r „ " DISTRICT ENGINEER STATE OF COLORADO P.O. BOX 050-1420 • 2ND ST. • GRELLEY. COLORADO 00831 • (3031 353-1232 January 5, 1977 TQFC 034_.2(4) Greeley Bypass East DOH FILE 04-11-12 Mr. Joe Kuntz Mountain Aggregates, Inc. P. 0. Box 10 Platteville, Colorado 80651 Dear Hr. Kuntz : In reply to your letter requesting a change in the pumping plan for the Grosseint Pit on Project TQFC 034-2(4) we have no objection to pumping across the Patterson ditch into the river provided you obtain written approval of this change from the County Planning Com- mission as this was the agency that made this pumping plan a condition of the permit. We understand the County Commissioners and the ditch company has agreed to this method with the stipulations as stated in their letter. However we feel that if conditions change later such as when irrigation season begins and the County or ditch company re- quests a change you may have to change to the original pumping plan as specified. In addition to the above I would like to reply to your claim for additional time and expense due to unforseen conditions in the existing borrow area in the Grossaint Pit Area No. 1 . We do not feel that there is any basis for this claim as the conditions of this pit was not stated in the plans nor was the method of dewatering the pit specified. The condition of this pit was ex- isting before this project was advertized for bids and was available for Inspection by all bidders. There Is no reason to believe that the condition of this pit was unknown at the time of bidding and In compliance with the Standard Specifications Section 106,102(e), it is the responsibility of the Contractor to determine what work is nec- cessary to produce specification product, Very truly yours, LGD/rb DWIGHT M. BOWER cc: D. M. Bower DISTRICT ENGINEER Staff Const. J . C. Peterson C. Northrup By file L. G. Duncan Resident Engineer December 15, 1976 • Mountain Aggregates , Inc 402 Vasquez Platteville, Colorado Attention: Joe Kuntz Dear Mr. Kuntz: This is to advise you that the DELTA IRRIGATION COMPANY. , • hereby agrees to allow you to pump water across, our ditch in that • area located in the SW one-fourth (1/4) , Sec. 15 , 'Township 5N, R 65W. 1 ' This consent Is given with the understanding that we will hold • you responsible for any damage to the ditch or ditch banks involved. , ' Also, we will require a crossing over your pipe lines for vehicular • traffic. This is to allow our ditch rider to have access along the ditch in this area. • Yours very truly, DI LTk IRRI'1'ATION,bOMPANY ' '.lam �� , Frank S. D-+v1s, President . FSD/ir' is PLATTEMOUNTAIN AGGREGATES, INC. TELEPHONE V 85.2255 P. O. BOX 10 AREA CODE 303 • AtO4t-% PLATTEVILLE, COLORADO - 80651 EMPIRE (• x P. O. BOX H TELEPHONE 569-2824 > /�,� AREA CODE 303 HA EMPIRE, COLORADO - 80438 RT. 2 - P. O. BOX 138 GREELEY TELEPHONE 352-6888 GREELEY, COLORADO - 80631 AREA CODE 30303 January 24, 1977 Mr . L . G. Duncan Colo . Dept. Or Highways P .O . Box 850 • Greeley , Colo . 80631 Dear Mr . Duncan: With reference to your letter of January. 5, 1977concerning a change in the pumping plan for the Grossaint Pit on Project TQFC 034-2 (4) , the following is submitted. Mountain Aggregates , Inc . will comply with the stipulations as set forth in the letter from the Delta Irrigation Co . dated December 15, 1976 . Also , we will discuss this change with the Weld County Planning Commission as you requested . Yours Truly, Joe Kuntz' -) Secretary-Treasurer cc Delta Irrigation Co . • File ._...,d... .. w �:, a. .�. ., ,... •.�,.yi1fA'l�.t.w+-,ullvr,nl.,�.`J..'ti`Y'.IdN+IM'�twE�lr�`A� ..Xukw1..M.•4+.{+w"'«,r.ed.v;4x.r.Aa.. II z ;a I al 4. IA — OeZ � W O � � ft O V h7 c , Ql 1. I II Y II ;I. . iVA 1 -LK . _ ,, Gj .I h a {Zl 0) _•1 . ' I 4 0 C)/9 YES' ,N nC dl d.`F _ �O y- n � > � � , act Diu o, ' n �' � �I � a ', n i' h oz r ' - I v-Co �c r vjp Qk•J(, !� 1 W L' A I �k ,, Q '0 W Xtoo \ h I, a .,� wrl H (I ' \ \ ) • i O99 YIs "...".. 1.. { x p V '\' 1 \ \ I_I I_1. 1-1—I rc Z C ��< .� \ III I a\ p� �� � \ Q u °_ 'I '. I � 3 \k� \�_ k ri it I II �� IcI- I. v 9 dl s 7 I 1 I I1I t CJ , )' ` \ �� `` N •I'l o I� 1 i � ) � 't I� Vk Q � ° � �' 1r I j. k vim II . � -v-. �-�.. II 2� 1v�- '1 ti3W !n - ��I v \ L • L'� R `r• a .,, �n u, �1 �I \ •I" � Iii , 41 \I v 1 I1�n to 1, 11 `1 ' I+ , i ) \ 1 Iii �; \; V A , O �. A li `�'��� i `. MOUNTAIN AGGREGATES, INC. TELEPHONE R589.2824 AREA CODE 303 P. O. BOX H EMPIRE, COLORADO - 80438 PLATTEVILLE P. O. BOX 10 TELEPHONE 785-2255 irr�'� AREA CODE 303 Art PLATTEVILLE, COLORADO - 80651 RT. 2 - P. O. BOX 139 GREELEY GREELEY, COLORADO - 80631 TELEPHONE 352-6886 AREACODE 3 AREA303 STATE OF COLOR O February 9, 1977 COUNTY of WELD ss- I filed with the Clerk of the Board of County Commissioners lLP1, / 1977 Board of County Commissioners CourvrvuERkANDREcox.ER Weld County, Colorado By ._ _Deputy To Whom It May Concern: Be advised, that this date February 9, 1977, this company, Mountain Aggregates, Inc. of Platteville, Colorado received a copy of the Resolutions passed and signed on February 7, 1977 which is an amendment to Special use permit No. 275:75:2 State Highway Dept. / Mountain Aggregates. The Resolution stipulates that Mountain Aggregates, Inc., is to assume full responsibility for any damage to the Patterson Ditch and surrounding properties. Also, the Board of County Commissioners reserves the right to require Mountain Aggregates, Inc., to discontinue the pumping process herein approved and return to the original approved plan as outlined in the special use permit at anytime deemed necessary by the Board. We, Mountain Aggregates, Inc., agree to the stipulation as set forth by the Board. This company appreciates the fine cooperation extended by the Board of County Commissioners. Sincerely, 2 L tts /Joe Kuntz Sec`—Treasure Mountain Aggregates, Inc. jlw ea F' ( ; ', N,/� 3 ai 'RECEIPT FOR CERTIFIED MAIL-300 (plus post ew Ranalxao s.peaw SENT TO POSTMAI Mr. Joe Kuntz, Mtn. Aggregates ORDAT i. 121. bD- 'R^'LeV' w!ted tghe�k 0401, STREET AND N0. ® Shod*whom and�lhu e�ieea�dr. . ‘..co P. O. Box 10 ► ❑ Monk. nainterdtdNn61lc(*liners. 3Sf P.0., STATE AND ZIP CODE I ❑ RBSTRICIRD tdadVERT,. ''Y ' -. :t .Sho to xia d-ante tRibl SeOT.n .. .,.'6S1 C`7 Platteyille Colorado 80651 2/8/77, OPTIONAL SERVICES FOR ADDITIONAL FEES O RE Sir , o RY. oo RETURN ' t. Shows to whom and data delivered 154 shOtP.eoarhnme tale,RRd aaaregieE*Stew i4i With delivery to addressee only 650 RECEIPT SERVICES 2. Shows to whom,date and where delivered.. 360 With delivery to addressee only 1150 rs. AIVISCLl .^ e DELIVER_ T0 ADDRESSEE ONLY 504 Q SPECIAL DELIVERY (extra fa required) Mr, Job. Lantz>. " Stu. ASgr'egatet Z PS Form 3$® NO INSURANCE COVERAGE PROVIDED— (See other 'p, 0,, In 10 Apr. 1971 NOT FOR INTERNATIONAL MAIL ,GPO 1972 O ♦ P of tda :TiQiontit SQ@ II. iiatirmEOEst .„camas lb. eauteO'NO. . $we thj u$ Rdgemted lbwe-, twt,rc W/ C R.ARID yrns , t otetaitroememt g Amend SUP 2/7/77 la 6`1 S � � L'cr r3 .11° V . Hello