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Home My WebLink About790510.tiff RESOLUTION RE: APPROVAL OF SPECIAL USE PERMIT FOR AN OPEN CUT MINING PERMIT FOR COLORADO DIVISION OF HIGHWAYS, C/O JOE A. INTERMILL, JR. , P. O. BOX 850 , GREELEY, COLORADO 80632 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 of County Commissioners of Weld County, Colorado held a public hearing on the 17th day of October, 1979 at the hour of 2: 00 o 'clock p.m. in the Chambers of the Board of County Commissioners for the purpose of hearing the applica- tion of the Colorado Division of Highways , c/o Joe A. Intermill, Jr. , P. O. Box 850 , Greeley, Colorado 80632 , for a Special Use Permit for an Open Cut Mining Permit - Gravel on the following described real estate, to-wit: Part of the Southwest Quarter of Section 28 , Township 5 North, Range 63 West of the 6th Principal Meridian, Weld County, Colorado, being more particularly described as follows : Beginning at the Southwest corner of said Section 28, Proceed North 82°14 '40" East a distance of 222 feet to the true point of beginning. Thence South 89°56 '20" East 575 feet; Thence North 45°17 ' 50 " West, 169 . 9 feet: Thence North 52°09 ' 50" West 575 feet; thence South 0°03 '40" West 471 feet more or less to the true point. WHEREAS, evidence was presented in support of the granting of the Special Use Permit for an Open Cut Mining Permit - Gravel on the abovedescribed real estate, and WHEREAS, Section 3 . 3 (E) (2) of the Weld County Zoning Resolu- tion authorizes such a use in an Agricultural District upon approval by the Board of County Commissioners, and WHEREAS, the Board of County Commissioners of Weld County, Colorado heard all of the testimony and statements of those present, has studied the request of the petitioner and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter, and having been fully informed, is satisfied that the request for a Special PLILIgo 7 )O 1 J Use Permit for an Open Cut Mining Permit - Gravel on the herein- above described real estate, conformed to the purposes of Sec- tion 3 . 3 (E) (2) of the Weld County Zoning Resolution. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the application of the petitioner for a Special Use Permit for an Open Cut Mining Permit - Gravel on the hereinabove described tract of land be, and hereby is, granted subject to the Development Standards contained in the Special Use Permit. BE IT FURTHER RESOLVED by the Board that the reasons for approval contained in the Planning Commission recommendations dated September 4 , 1979 be, and hereby are, adopted as the findings of fact of the Board of County Commissioners in this matter. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of October, A.D. , 1979 . BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO *-.) (Aye) Norman Carlson, Chairman 4�i 1�, /9.4/ 7-7,e--,-_,0A17e) Lyd ' Dunbar 7( 4.y (Aye) C. W. Kirby d.d2-E (Aye) and L. Roe iy (mil e/ l ,, %: AYe) jj J e K. St inmark �- ATTEST: '7 t C{ !"4: U Weld County Clerk and Recorder /and`Clerk to the B rd h -,:, 0 ' - ‘- , ( -' ]De uty Count "C erk ( A7D AS TO FORM: County Attorney DATE PRESENTED: OCTOBER 22, 1979 BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Date September 4, 1979 Case No. SUP# 398 :79 :20 APPLICATION OF Colorado Division of Highways c/o Joe A. Intermill, Jr. ADDRESS P.O. Box 850, Greeley, Colorado 80632 Moved by Bob Ehrlich that the following resolution be introduced for passage by the Weld County Planning Commission: Be it Resolved by the Weld County Planning Commission that the appli- cation for site approval of Open Cut Mining Permit-Gravel covering the following described property in Weld County, Colorado, to-wit: See attached with Development Standards be recommended (favorablyMAIWWWS199 to the Board of County Commissioners for the following reasons: 1 . This request is in compliance with the Weld County Comprehensive Plan and the Weld County Extraction Plan, Mineral Resources, Volume II. The area in question is non-irrigated. The Weld County Extraction Plan states that extraction shall be accommodated in non-irrigated areas so long as appropriate extraction standards are followed. 2 . It is the opinion of the Planning Commission that this proposed operation is in compliance with the provisions of Sections 3 . 3E.2 . and 6. 1 (3) of the Weld County Zoning Resolution. The proposed use will be compatible with the surrounding area, in harmony with the character of the neighborhood and existing agricultural uses, Motion seconded by Frank Suckla Vote: For Passage Bob Ehrlich Against Passage �lF�� l' u' ,------ --";— -pl.;.+�RIMPli Frank Suckla Abstained Jerry Kiefer }''1 Abstained Irma White ��r~ r V5A\ _______________-_---- --- ----- Abstained Chuck Carlson PREELAY. GALO• -- - ---- The Chairman declared the Resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERT1ICATION OF COPY 1, Shirley A. Phillips , Pero d ing Secretary of the Weld County Planning Commission, do hereby certify :hat ;.h-' above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Color- ado, adopted on September 4, 1979 and recorded in Book No. VI of the proceedings of the said Planning Commision. }at(( the __5 _ - day cif --September--- , 19_79_. Secretary Q r` 0 X-C-- 7 O 0 .L" W F- (0 V Lo . . Z u_, a — _ H O - `t L.. Z i--- O 0-1 a W (n I- • U (n (n Cn W Z W Q O W J o ~ O M W • 1- CO co - 0 uJ W W EE CV LAJ 0 C.9 U CID u- O Z Z tf) M Q W I__o to W W W W. I_ __j W W lt_ CC CC U - _ O Q ti z D CL c0 o co o Lc) 3 O_ I- N O O- O CI) z M Z W F_ W 0O O cr U U p H p W Z (n W U) co 2 = N U 0 I- ti z z < z _ i C° • z U O LL Z I-- p 0 Z l:-7Q o W LL O: cr W W O O W CO LL Z I. cr O ti v /0 to w U • H i- z co z W Wp O = U = Cn I.._. 0 � j O O J D cr CJ z (/) w F- 0 z 0 W w F-' = Q W Wi W F-. = H U Q_ 0- I- Z (D Li-r., W p = V I-Q F- F- .w W' CC _i 0 �- F-- Colorado Division of Highways SUP-398 :79 :20 PLANNING COMMISSION RECOMMENDATION September 4, 1979 compatible with the future development in the area and will not adversely affect the health, safety, and welfare of the inhabitants of the area and the County. This determination is based upon the following: A. It is the opinion of the Planning Commission that open-cut mining operations as outlined and controlled in the Operations Standards will minimize impacts on surrounding uses and the area to the greatest extent possible and provide adequate protection of the health, safety and welfare of the inhabitants of the area and the County. B. The following referral entities have reviewed the request and have set forth no objections to it: West Greeley Soil Conservation District; Colorado Geological Survey; Weld County Engineering Department; Colorado Division of Wildlife; and Weld County Health Department. The concerns and/or recommendations of the individual entities are incorporated into the attached Operations Standards. The Planning Commission recommendation for approval is conditional upon the following: 1 . The attached Operations Standards being recommended and approved for this request. 2. The following note being placed on the Special Use Permit plat: Note: The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities related to mining and reclamation are therefore under the jurisdiction of the Mined Land Reclamation Board, however, Weld County has jurisdiction of those matters outlined in the Operations Standards . 3. The Operations Standards being placed on the Special Use Permit plat. The Special Use Permit plat shall be delivered to the Department of Planning Services office for inspection prior to recordation at the Weld County Clerk and Recorder ' s office. Colorado Division of Highways Open Cut Mining - Gravel OPERATIONS STANDARDS 1 . No excavation or processing of sand and gravel shall be permitted nearer than 10 feet to the boundary of adjacent property, ease- ment or irrigation ditch or right-of-way, nor nearer than 125 feet to any existing residence, unless by written agreement to the owner or owners of such adjacent property consent to a lesser distance and the Planning Commission approves such lesser distance. The Planning Commission may set a greater distance than mentioned above when, in their opinion, it is justified. 2. All sand and gravel operations shall be conducted during the hours of daylight except in the case of public or private emergency, or to make necessary repairs to equipment. This restriction shall not apply to operation of administrative and executive offices or repair facilities located on the property. 3. Weeds and any other unsightly or noxious vegetation shall be cut or trimmed as may be necessary to preserve a reasonably neat appearance and to prevent seeding on adjoining property. 4. Existing trees and ground cover along public road frontage and drainageways shall be preserved, maintained and supplemented if necessary, for the depth of the setback in order to protect against and/or reduce noise, dust and erosion. 5 . In-so-far as practicable, all means of access to the property from any county road shall be located and designed as to avoid the routing of vehicles to and from the property over county roads and bridges identified by the County Engineer as inadequate for pro- jected loads. The applicant shall coordinate with the County Engineer to establish the most practicable access to the property prior to start up of said open cut mining operation. All accesses shall have the approval of the Weld County Engineering Department. All accesses shall be constructed in accordance with the recom- mendations and/or requirements of the Weld County Engineering Department. 6. All access roads from sand and gravel operations to public high- ways, roads, or streets, or to adjoining residential structures, shall be paved or otherwise treated to minimize dust conditions on all parts of such access roads which are located within one- fourth mile of the public highway, road, street, or adjoining residential structure. 7. Where topsoil is removed, sufficient arable soil shall be set aside, for respreading over the excavated area. X. 8. Rock crushers may be allowed. • f 9. Insurance - The operator shall furnish evidence he is insured to the extent of not less than $100, 000. 00 against liability for any negligent act or omission by the operator from the operation or maintenance of the sand and gravel pit and the extraction and production of sand and gravel and all activities connected with or incidental thereto. 10. An Emission Permit shall be obtained from the Air Quality Control Division, Colorado Health Department, 4210 East 11th Avenue, Denver, Colorado, before any excavation, open mining, or road construction can commence. 11. Site noise levels shall comply with the limitations specified in 25-12-103, C.R. S. , 1973, in order to minimize the impact on nearby residential uses. 12. No diking or berming shall be allowed on the Special Use Permit area which would cause damage to adjacent properties or county road right-of-way by altering the historic drainage pattern. • Staff Comments 1. Our office has recieved one letter from an adjacent property owner concerning this request . A copy of the letter is in the attached materials. • BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Date August 21, 1979 Case No. SUP# 398: 79:20 APPLICATION OF Colorado Division of Highways ADDRESS c/o Joe Intermill, Jr. P. O. Box 850, Greeley CO 80631 Moved by Jim Gilbert that the following resolution be introduced for passage by the Weld County Planning Commission: Be it Resolved by the Weld County Planning Commission that the appli- cation for site approval of Open Cut Mining Permit—Gravel covering the following described property in Weld County, Colorado, to-wit: Pt. SW4 Section 28, T5N, R63W Continued to September 4, 1979 for the following reasons: The Planning Commission recommended that the applicant meet with surrounding property owners to better explain and show what the operation will involve. Further , the Planning Commission recommended that the applicant look further into the problems with maintenance on County Road 380 to see if there was a way of working with Weld County to maintain this road. Motion seconded by Don Billings Vote: For Passage Jim Gilbert -__Against Passage Fred Otis Frank Suckla Bob Ehrlich Don Billings Jim Gilbert The Chairman declared the Reso'utoo passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Carole S. Dodge , ; ;nq Secretary of the Ucld County Planning Commission, do hereby certify LhaL lc above and foregoing Resolution is a true copy of the Resolution of Lhe " Hcnr,'nq Commission of '.;eld County, Color- ado, adopted on August 211 1979 _ _cod recorded in Book No. VI of the proceedings of the said Plar�r-ing Comnl'Sicn_ the 4th rk y of August - _-- , 19.79 A public hearing was conducted on October 17 , 1979 at 2: 00 P.M. , with the following present: NORMAN CARLSON CHAIRMAN LYDIA DUNBAR COMMISSIONER • BILL KIRBY COMMISSIONER LEONARD ROE COMMISSIONER JUNE STEINMARK COMMISSIONER Also present: ACTING CLERK TO THE BOARD, KEITHA WHITE ASSISTANT COUNTY ATTORNEY, R. RUSSELL ANSON PLANNING DEPARTMENT REPRESENTATIVE, TOM HONN The following business was transacted: I hereby certify that pursuant to a notice dated September 10 , 1979 and duly published September 13, 1979 and October 14, 1979 in the Platteville Herald, a public hearing was held on the request of the Colorado Division of Highways for a Special Use Permit for an Open Cut Mining Permit for Gravel. Tom Honn, Zonning Administrator, reviewed the Planning Commission ' s favorable recommendation and operation standards. The State Highway Departments' s representative Joe H. Intermill, Jr. was present and elaborated on their request. There was no one present in opposition to this request. Following discussion Commissioner Kirby made a motion to approve the Special Use Permit as requested with the recommended operational standards. CHAIRMAN BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: WELD COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD • BY: Deputy County Clerk DOCKET # 79-83 TAPE # 79-121 IiHR 1094 The Weld County P1 ing Commission held a set sled meeting on September 4, 1979 in the Weld County Centennial Center County Commissioners Hearing Room, first floor, 915 10th Street, Greeley, Colorado. Roll Call was as follows : Chuck Carlson Present Frank Suckla Present Irma White Present Bob Ehrlich Present Jerry Kiefer Present Fred Otis Present (except for SUP-396 and SUP-398) Don Billings Present (except for SUP-396, SUP-398 and SUP-400) Bette Kountz Absent Jim Gilbert Absent Also present were : Tom Honn, Zoning Administrator Russ Anson, Assistant County Attorney As a quorum was present the meeting was called to order by Chairman Chuck Carlson. Chairman Carlson asked for a motion to approve the August 21, 1979 Planning Commission minutes . Frank Suckla made a motion to approve the minutes as presented. The motion was seconded by Bob Ehrlich. All present cast a unanimous vote of "aye" to accept the minutes . Motion carried. APPLICANT: Weld County Disposal, Inc. CASE NUMBER: SUP-396 : 79 :18 SUBJECT: Amend SUP-319 : 76 :24 - Oilfield Fluids Recycling and Disposal Site LEGAL DESCRIPTION: Pt. SW4i Section 28, T5N, R63W LOCATION: 2 miles east and Z mile south of Fort Lupton APPEARANCE: None DISCUSSION: Tom Honn read the Department of Planning Services recommendation for continuing the application to the September 18, 1979 Planning Commission hearing as additional data needs to be submitted to the Colorado Department of Health. MOTION: Be it therefore resolved to continue the hearing based on the Planning Staff' s recommendation. Motion by Jerry Kiefer, seconded by Frank Suckla. A vote of "aye" was cast by Jerry Kiefer, Irma White, Bob Ehrlich, Frank Suckla and Chuck Carlson. Motion carried. APPLICANT: Colorado Division of Highways CASE NUMBER: SUP-398 : 79 :20 SUBJECT: Open Cut Mining Permit - Gravel LEGAL DESCRIPTION: Pt. SW4j Section 28, T5N, R63W LOCATION: 52 miles southeast of Kersey, northwest of the intersectio of County Roads 380 and 52 APPEARANCE: Joe Intermill DISCUSSION: This application was continued from the August 21, 1979 Planning Commission meeting and requested that the applicant look further into the problems with maintenance on County Road 380 to see if there was a way of working with the County to maintain the road and also to give the applicant time to meet with surrounding propert, owners to better explain and show what the operation will involve. Planning Commission Minutes Page 2 September 4, 1979 Mr. Intermill then briefly reviewed the proposal as presented at the 1 last hearing. He then stated that he had visited with Mr. Mondt who 1 had requested that Mr. Intermill visit with him and answer some of his concerns regarding the proposal. He also stated that he has met with the County Engineering Department regardining maintenance of County Road 380. The Highway Department still does not feel they should' be totally responsible for the maintenance of this road, but will be responsible for minor maintenance as necessary. The Planning Staff' s,, recommendation for approval was read into the record at the last meeting. Tom Honn stated that at the last meeting the issue was brought up regarding the use of a rock crusher in Operation Standard #8 . It was felt by the Planning Couuuission members at that time that rock crushers may not be allowed. Mr. Honn requested that this matter be dealt with one way or the other at this hearing. Only two Planning Commission members were present at this meeting who had heard previous testimony regarding the application who could vote at this meeting. Mr. Intermill was given the option of having a vote taken at this time or waiting until other Planning Commission members had had an opportunity to listen to the tapes of the August 21, 1979 meeting so they could I vote at this time. Mr. Intermill stated he would prefer the vote be taken at this time, but having the situation explained when it was presented at the Board of County Commissioners hearing by the Planning Staff. MOTION: Be it therefore resolved to recommend approval with the Development Standards based on the Planning Staff ' s recommendation to the Board of County Commissioners. Motion by Bob Ehrlich, seconded Frank Suckla. A vote of "aye" was cast by Bob Ehrlich and Frank Suckla. Absention votes were cast by Jerry Kiefer, Irma White and Chuck Car son. Motion carried. APPLICANT: Colorado Landfill , Inc. CASE NUMBER: SUP-400 :79 : 22 SUBJECT : Landfill LEGAL DESCRIPTION: EZNW4 and WzNE4i Section 29, T1N, R68W LOCATION: 2 mile east of Erie Air Park, Erie APPEARANCE: Ken Lind and LaVern Nelson DISCUSSION: This application was continued from the August 21, 1979 Planning Commission hearing. Ken Lind at this time stated that this proposal for a sanitary landfill is to provide a landfill site for residents of southern Weld County after the existing Fort Lupton landfill site is closed. It is contemplated that the Fort Lupton landfill site will be closed during 1979 with the expectation that the new landfill to be in operation prior to January, 1980. The existing Erie landfill was closed by order of the Board of the County Commissioners in June, 1979 which is located immediately to the east of the proposed site. This site was closed due to a lack of a written lease and problems with cover. The new landfill proposal is proposed so that Weld County will be in compliance with the 1976 Resource Conservation and Recovery Act. LaVern Nelson then gave more detailed information Planning Commission ___lutes Page 3 September 4, 1979 as regards the availability of soils, subsidence in the area, and surface drainage. He also asked that the site not be limited to the area as recommended in the Planning Staff' s recommendation. Frank Suckla expressed concern regarding the protection of Coal Creek and possible contamination of the Fox Hills Sand. Chairman Carlson stated he hoped no chemicals would be dumped onto the site. Mr. Nelson assured him this will be strictly controlled. Discussion followed regarding hazardous wastes as brought up by John Hall of the Weld County Health Department. Tom Honn then read the Planning Staff' s recommendation for approval, the Development Standards and comments. Discussion followed regarding dust abatement, access to the site and concerns of the Town of Erie. The Town has indicated there will be proposed development in the area of the proposed site and indicated disapproval of the landfill in that area. General discussion followed. MOTION: Be it therefore resolved to recommend approval with the Development Standards based on the Planning Staff ' s recommendation to the Board of County Commissioners . Motion by Jerry Kiefer, seconded by Irma White. A vote of "aye" was cast by Frank Suckla, Chuck Carlson, Irma White, Bob Ehrlich, Jerry Kiefer, and Fred Otis. Motion carried. APPLICANT : Stan Rech CASE NUMBER: SUP-402 :79 :24 SUBJECT : Oilfield Fluids Disposal Site LEGAL DESCRIPTION: Pt. WZSW4, Section 22, T2N, R66W LOCATION: 1 mile north and 2 miles east of Fort Lupton APPEARANCE: Jeff Rech, Mr. Ryan of Lind-Ayres and Associates DISCUSSION: This application was continued from the August 21, 1979 Planning Commission meeting. Tom Honn first read the Planning Staff ' s recommendation for continuing the request to the September 18 , 1979 Planning Commission meeting as additional information was submitted to the Planning Staff just prior to the Planning Commission meeting . The Planning Staff had not had an opportunity to review the material prior to the meeting. Mr. Rech is requesting this proposal for disposing of water from oil wells by evaporation. Two pits will be used for evaporation. The pits will be sealed with bentonite. Mr. Ryan stated that the plans as previously submitted have been revised according to the State Health Department requirements . Mr. Lind in representing Mr. and Mrs. Adolph Anderson stated that they have several questions which have not yet been answered especially as regards evaporation from the ponds, number of gallons going into the ponds per day, what they will do to lessen damage to property, number of trucks used in the operation, etc. None of the concerns were answered. MOTION: Be it therefore resolved to continue the application to the September 18, 1979 Planning Commission hearing based on the Planning Staff ' s recommendation. Motion by Fred Otis , seconded by Jerry Kiefer. A vote of "aye" was cast by Irma White, Jerry Kiefer, Bob Ehrlich, Frank Suckla, Chuck Carlson, Don Billings and Fred Otis. Motion carried. Planning Coiuuiission L__ting Page 4 September 4, 1979 Consider a recommendation on proposed amendments to the Weld County Zoning Resolution which will clarify the duties and responsibilities of the Department of Planning Services , the Planning Commission and the Board of County Commissioners in actions concerning amendments to the map of the Zoning Resolution. No action taken. Re-scheduled for September 18 , 1979 meeting. APPLICANT: Highland Park West Investments CASE NUMBER: S-162 : 79 :7 SUBJECT : Preliminary Plan - Highland Park West LEGAL DESCRIPTION: Pt. SW47 Section 15, T5N, R66W LOCATION : Z mile southwest of Greeley, south of Highland Hills Municipal Golf Course and north of U. S . Highway 34 Bypass APPEARANCE : Art Uhrich of ARIX and Dick Weber DISCUSSION: This proposal is for a proposed subdivision on approximately 146 acres with 114 lots proposed. Mr. Uhrich stated that the Highway Department was concerned about the access to the area south of the Greeley-Loveland Ditch which is not shown on the plat. They requested that some means of access other than the highway should be planned for this area. The Planning Staff had several concerns regarding the proposal, one being that the City of Greeley has indicated city water is available to the site providing the developer meet and initiate all city requirements . The Greeley Planning Commission recommended approval of the proposal conditional upon the development meeting City standards. The applicant' s intent as to whether or not the development will be built to City of Greeley standards which includes curb, gutter and sidewalks was not clear at this time. The present proposal does not include standards for curb, gutter and sidewalk. If the development is not to be built to City standards, it was the opinion of the Planning Staff that the City will not provide water service. If this occurs , the preliminary plan will not be consistent with the Subdivision Regulations . These regulations requires that water service will be available prior to approval of the plan. The staff was also concerned whether the subdivision will be served by a public sanitation system or on-lot sewage disposal system that will not result in water pollution. The Weld County Health Department has questioned the suitability of the septic systems . Since these were the concerns by the Planning Staff their recommendation at this time was to continue the hearing until some of these concerns had been satisfactorily resolved which was read into the record by Tom Honn. Dick Weber then presented a letter to the Planning Commission which states that they agree to develop the proposed subdivision according to the City of Greeley standards as it regards sidewalks , streets , water and sewer installations as requested by the Greeley Planning Commission in their meeting on August 28, 1979. There will be no septic systems which was a concern by the Weld County Health Department. John Hall of the Weld County Health Department stated that they Health Department would have no further concerns in this regard if the septic system is eliminated. Planning Commission mutes Page 5 September 5 , 1979 The Planning Staff also understood the the applicant is changing the street design of the Preliminary Plan to comply with the City of Greeley' s requests for access. These revisions will require additional review from the Weld County Engineering Department and Weld County Utility Board. General discussion followed. Chairman Carlson then asked if anyone present in the audience wished to make a statement regarding the application. At this time Josephine Jones asked several questions regarding whether or not the electrical lines would be above or below ground and if there was a provision for open space within a three miles radius . Jerry Paul stated he had not seen a copy of the revised plat which he was then shown by Mr. Uhrich indicating the street plan to him. Lawrence Smith and Diane Discoe expressed concern about 24th Street becoming a traffic problem and safety of children in the area. Harry Cross stated he was concerned about drainage from the area. Marge Speaker expressed concern about the entrance to the area which could create dust pollution because the street is not paved and was also concerned about the children in the area and their safety. She also felt there could be a problem with mosquitoes from the detention ponds. Discussion followed regarding responsibility for road maintenance. MOTION: Be it therefore resolved to recommend approval and that the City explain and be more explicit regarding their street pattern and design. Motion by Frank Suckla, seconded by Don Billings. A vote of "aye" was cast by Frank Suckla, Don Billings , Chuck Carlson, Irma White, Fred Otis, and Jerry Kiefer. Mr. Ehrlich cast an abstention vote. Motion carried. APPLICANT: Sears and Company, Realtors CASE NUMBER: Z-323 :79 :7 SUBJECT: Change of Zone from "A" Agricultural Zone District to "E" Estate Zone District with a Unit Development LEGAL DESCRIPTION: Pt. NZNE4 and EZNW4, Section 16, T5N, R66W LOCATION: Southwest corner of the intersection of 59th Avenue and West 20th Street APPLICANT: Sears and Company, Realtors CASE NUMBER: Z-324 :79 :7 SUBJECT: Change of Zone from "A" Agricultural Zone District to "H" High Density Zone District with a Unit Development LEGAL DESCRIPTION: Pt. EZNW4, Section 16, T5N, R66W LOCATION: Approximately 5/8 mile west of the intersection of 59th Avenue and West 20th Street APPLICANT: Sears and Company, Realtors CASE NUMBER: S-163 : 79 :8 SUBJECT: Preliminary Plan - Allison Farm Subdivision LEGAL DESCRIPTION: Pt. NZNE4 and EZNW4, Section 16, T5N, R66W LOCATION: Southwest corner of the intersection of 59th Avenue and West 20th Street Planning Commission "'flutes Page 6 September 4, 1979 APPEARANCE : Doug Sears DISCUSSION: The two change of zone applications and the preliminary plan were presented at the same time. The change of zone application from "A" to "H" is on approximately 29 acres; the "A" to "E" on approximately 123 acres . The total preliminary plan includes 168 acres. Mr. Sears first asked that the Planning Staff read their recommendation to the Planning Commission. Tom Honn read the Planning Staff' s recommendation for continuing the hearing for the change of zone requests only. The staff had several concerns regarding availability of water from the City of Greeley, whether or not the subdivision will be served by a public sanitation system or on-lot sewage disposal system. The County Engineer has also expressed several concerns as well as the City of Greeley which need to be resolved before the Planning Staff can make a recommendation on the proposal. Mr. Sears then commented that he feels this is the best conceived, most carefully planned subdivision he has ever been involved with and was very much concerned about some of the recommendations received by several referral agencies . He stated he was most anxious to have his "day in court" with them at the next scheduled Planning Commission hearing. He stated he feels they are at somewhat of a standstill regarding the water service. He also stated that the septic system was designed for installation of a total sewer system, but they must comply with the Greeley-Loveland Shareholders Agreement. There was also some discussion regarding 24th Street and the possibility of it becoming a collector street. Dr. Smith, surrounding property owner, again expressed concern about 24th street. He feels that when the city and the county meet regarding an issue of this nature that surrounding property owners should be included and asked for their comments since they live in the area in question. Victor Clifton also commented on the loss of prime agricultural farmland and concern for the safety of the children on 24th Street. Don Billings stated he found it somewhat unrelated that a property owner in a subdivision has objection to another subdivision. Discussion again followed. MOTION: Be it therefore resolved to continue all three application based on the Planning Staff' s recouuuendation. Motion by Jerry Kiefer, seconded by Fred Otis . A vote of "aye" was cast by Irma White, Jerry Kiefer, Frank Suckla, Bob Ehrlich, Fred Otis , Don Billings , and Chuck Carlson. Motion carried. Election of Officers for 1979-1980. DISCUSSION: Election of officers was then held for Chairman and Vice- Chairman. Bob Ehrlich nominated Chuck Carlson which was seconded by Jerry Kiefer. All present cast a unanimous vote of "aye" . Bob Ehrlich nominated Fred Otis as Vice-Chairman which was seconded by Don Billings . Fred Otis nominated Jerry Kiefer, however, Mr. Kiefer stated he must withdraw. All present then cast a unanimous vote of "aye" to appoint Fred Otis as the new Vice-Chairman. There being no further business, the meeting was adjourned. Respectfully submitted, Shirley A. hillips Planning Commission Secretary n►'►'I. I (:/Nl . ( QZ ll✓ aJ., 'I' INr : ;1°41 i)u,c:I\ r'rury_ D ►'►: : /(// x/79 ►c►;1)►►►::IA : J v p NAH►. I nu►,r► SS /4,.,_ 27:-_- /4 4,�""< /`�2° �T (74'56L% a/..4,__-e c' c 3 - -- -- -- --- --------- - --- ----- --- ----- - ----- Date : August 21 , 1979 CASE NUMBER: SUP-398 : 79 : 20 NAME: Colorado Division of Highways REQUEST: Open Cut Mining Permit-Gravel LEGAL DESCRIPTION: Pt. SWa Section 28, T5N, R63W LOCATION: Approximately 5-1/2 miles southeast of Kersey, northwest of the intersection of County Roads 380 and 52 THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE Approved FOR THE FOLLOWING REASONS : 1 . This request is in compliance with the Weld County Comprehensive Plan and the Weld County Extraction Plan, Mineral Resources, Volume II. The area in question is non-irrigated. The Weld County Extraction Plan states that extraction shall be accommodated in non-irrigated areas so long as appropriate extraction standards are followed. 2 . It is the opinion of the Department of Planning Services Staff that this proposed operation is in compliance with the provisions of Sections 3 . 3 E. 20 and 6 . 1 (3) of the Weld County Zoning Resolution. The proposed use will be compatible with the surrounding area, in harmony with the character of the neighborhood and existing agricultural uses, compatible with the future development in the area and will not adversely affect the health, safety, and welfare of the inhabitants of the area and the County. This determination is based upon the following: A. It is the opinion of the Department of Planning Services Staff that open-cut mining operations as outlined and controlled in the Operations Standards will minimize impacts on surrounding uses and the area to the greatest extent possible and provide adequate protection of the health, safety and welfare of the inhabitants of the area and the County. R. The following referral entities have reviewed the request and have set forth no objections to it: West Greeley Soil Conservation District; Colorado Geological Survey; Weld County Engineering Department; Colorado Division of Wildlife; and Weld County Health Department. The concerns and/or recommendations of the individual entities are incorporated into the attached Operations Standards. The Department of Planning Services Staff recommendation for approval is conditional upon the following: 1. The attached Operations Standards being recommended and approved for this request. 2. The following note being placed on the Special Use Permit plat : Note: The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities related to mining and reclamation are therefore under the jurisdiction of the Mined Land Reclamation Board, however, Weld County has jurisdiction of those matters outlined in the Operations Standards . 3. The Operations Standards being placed on the Special Use Permit plat. The Special Use Permit plat shall be delivered to the Department of Planning Services Office for inspection prior to recordation at the Weld County Clerk and Recorder ' s Office. Colorado Division of Highways Open Cut Mining - Gravel OPERATIONS STANDARDS 1 . No excavation or processing of sand and gravel shall be permitted nearer than 10 feet to the boundary of adjacent property, ease- ment or irrigation ditch or right-of-way, nor nearer than 125 feet to any existing residence, unless by written agreement to the owner or owners of such adjacent property consent to a lesser distance and the Planning Commission approves such lesser distance. The Planning Commission may set a greater distance than mentioned above when, in their opinion, it is justified. 2. All sand and gravel operations shall be conducted during the hours of daylight except in the case of public or private emergency, or to make necessary repairs to equipment. This restriction shall not apply to operation of administrative and executive offices or repair facilities located on the property. 3. Weeds and any other unsightly or noxious vegetation shall be cut or trimmed as may be necessary to preserve a reasonably neat appearance and to prevent seeding on adjoining property. 4. Existing trees and ground cover along public road frontage and drainageways shall be preserved, maintained and supplemented if necessary, for the depth of the setback in order to protect against and/or reduce noise, dust and erosion. 5 . In-so-far as practicable, all means of access to the property from any county road shall be located and designed as to avoid the routing of vehicles to and from the property over county roads and bridges identified by the County Engineer as inadequate for pro- jected loads. The applicant shall coordinate with the County Engineer to establish the most practicable access to the property prior to start up of said open cut mining operation. All accesses shall have the approval of the Weld County Engineering Department. All accesses shall be constructed in accordance with the recom- mendations and/or requirements of the Weld County Engineering Department. 6. All access roads from sand and gravel operations to public high- ways, roads, or streets, or to adjoining residential structures, shall be paved or otherwise treated to minimize dust conditions on all parts of such access roads which are located within one- fourth mile of the public highway, road, street, or adjoining residential structure. 7. Where topsoil is removed, sufficient arable soil shall be set aside, for respreading over the excavated area. 8. Rock crushers may be allowed. 9. Insurance - The operator shall furnish evidence he is insured to the extent of not less than $100, 000. 00 against liability for any negligent act or omission by the operator from the operation or maintenance of the sand and gravel pit and the extraction and production of sand and gravel and all activities connected with or incidental thereto. 10. An Emission Permit shall be obtained from the Air Quality Control Division, Colorado Health Department, 4210 East 11th Avenue, Denver, Colorado, before any excavation, open mining, or road construction can commence. 11. Site noise levels shall comply with the limitations specified in 25-12-103, C.R.S. , 1973, in order to minimize the impact on nearby residential uses. 12. No diking or berming shall be allowed on the Special Use Permit area which would cause damage to adjacent properties or county road right-of-way by altering the historic drainage pattern. Staff Comments 1. Our office has recieved one letter from an adjacent property owner concerning this request . A copy of the letter is in the attached materials. ,i STATE DEPARTMENT OF HIGHWAYS Peterson Pit JACK KINSTLINGER "� EXECUTIVE DIRECTOR DIVISION OF HIGHWAYS DISTRICT 4 E. N HAASE r L v DWIGHT M. BOWER CHIEF ENGINEER N'(SNENo' DISTRICT ENGINEER STATE OF COLORADO P O. BOX 850-1420 - 2ND ST • GREELEY, COLORADO 80631 • (303) 353-1232 August 31, 1979 ; "^4` DOH File 42100 Chuck Cunliffe ��\'•J Assistant Zoning Administrator CAD 1 ®�� Weld County Courthouse Lc) C� 915 10th Street 0`''�, Greeley, Colorado 80631 c� Dear Chuck, Our application for a Special Use Permit for gravel extraction on a portion of the S.W. 1/4 Section 28, T. 5 N. , R. 63 W. , which is owned by Buster Peterson, was presented to the Weld County Planning Commission at their meeting held Tuesday August 21, 1979. At that time the Planning Commission delayed action on our application until Tuesday September 4, 1979 and requested that we meet with the county engineers office prior to the meeting to discuss maintenance of county roads that we use for haul routes. This matter was discussed with Mr. Drew Scheltinga of the county engineers office on August 30, 1979. Listed below is our position as stated to Mr. Scheltinga: 1. We will use discretion when hauling from the pit and try not to haul when the roads are wet and will easily rut. However, there could be times when due to emergency situations, equipment availability, etc. we would deem it necessary to haul over the roads when they are in less than ideal condition. 2. We do not feel that your request for a maintenance agreement is appropriate. Our position is that we should not be required to assume the maintenance of public county roads when we are only using these roads for the purpose of hauling legal size loads. This does not preclude the possibility that at times we will perform some minor type of maintenance on the roads over which we are IOW • , r Peterson Pit DOH File 42100 Chuck Cunliffe August 31, 1979 Page Two hauling. However, this should not be construed as any assumption of maintenance responsibility or as an admission of unwarranted or excessive use of the roads. If you have any questions concerning this matter please feel free to contact me. Very truly yours, DWIGHT M. BOWER DISTRICT ENGINEER Leo O'Connor District Materials Engineer LO:rd cc: D. M. Bower File • DEPARTMENT OF PLANNING SERVICES PHONE (303)356-4000 EXT 404 915 10TH STREET a GREELEY,COLORADO 80631 1 , x \P COLORADO July 10, 1979 Joe A. Intermill, Jr. Division of Highways P.O. Box 850 Greeley, Colorado 80632 RE: Request for a Special Use Permit for an open cut mining permit for gravel on a parcel of land described as Pt. SW4, Section 28, T5N, R63W of the 6th p.m. , Weld County, Colorado Dear Joe: Your application and related materials for the request described abc2v' —" are complete and in order at the present time. I have scheduled a meeting with the Weld County Planning Commission for Tuesday, August 21, 1979 atk 1 :30 p.m. This meeting will take place in the County Commissioners Hering Room, first floor, Weld County Centennial Center, 915 10th Street, Greel0, , Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission might have with respect to your application. If your application is approved, our office will need $10. 00 for recording the Special Use Permit plat at the Clerk and Recorder ' s Office . If you have any questions concerning this matter, please feel free to contact me. Respectfully, ejlZaeskiwaliLio Chuck Cunliffe Assistant Zoning Administrator CC:sap f t ,,•- (- .' • f- —I __ ___.� _---- - _� liil N t I� �,zi•i. 'r ] Rn,C1, 7 _"tl - �_ P FT _- it - _ • ' Tht ' .,•, „,4 ct .I.E ,. gt...t Vt.d (th(tk I'^t) :d)v n r ' Show tai whori Ind datt itl'‘ered ' `,I, « - who' I dt t and addres of i't INt-ry _,;:' ' � I '; RFSIRICIID DI GANTRY L % tih�1u tip Nt.l)f" ,3^ d.1[E de NE'Itd -F ) �\V,,s\j, '\ 1\S.) {r -1 RI.sTRIC IIID DI LIl'I Al" _� `how'o v.hom d-ut•and,iddrtss of dtl %try 5_ IA?C AND II' CQ7c � ‘cAa (C()\ i'LT PC)STNIAC'IIR FOR FFES) PO.,rAGE i 5 2,-.eRTIC, E citt„DDR SEDjIO - A A I CERTIFIEDFEE C `Z"''.;a-�NN-1�`t''•,.� \\)' \ `' \\S ' I I w SPECIAL DELIVEF,Y C m -:�• J'�-s \` r PESTRICTEDDELIVERY C C� �� `,t��t�r r l \� . Z 3 ARTICLE DESCRIPT,IC)N J ; = w w SHC'iTU'r.hC'1AND C y DATE CEUVEg'D m REGISTERED NO CERTIFIED NO INSURED NO a w vwi SHIM TOT:"D" WE - \C V ., V..�1�` i '— w AND ADDRESS OF C -{ `\..) N ‘,. a -�•.� o DEL'.E R/ s ¢ ,�, m (Always obtain signature of addressee or agent) m o w SHC:+'.:'.nO'.1A',DDATE L") I have received the article described above ,_ 1,....,y o cr DELIVERED WITH RESTRICTED C no DELIVERY m SIGNATURE ❑, 1ddr ',ie O \uthorized deent r. SHO:/TOl'JH0:1 DATE AND m s ADDRESS OF DELIVERY WITH c p L a vc RESTR CTEO DELIVERY - ,,,,-Irl �r� TOTAL POSTAGE AND FEES $ co DATE OF DELIV Y POSTM -K m a POSTMARK OR DATE — p �ti Z 5 ADDRESS (Co plate only if requested) ao n m J \ 33 L° m1.1 6 UNABLE TO DELIVER BECAUSE CLERK'S d p INITIA S I 3 DF • wo • FIELD CNTC1. FILING NUMBER: SUP --141427 DATE OF INSPECT 1 -{� . INSPECTION: AUG 2 p 19?$ (� NAME: `CU, kf0�.6,0 IJ1v1 1\1,8\\14.1 REQUEST: - '1.�. s 9 k \'° GCVO:04A-- LEGAL DESCRIPTION: T• S t&J LAND USE: N r,cu\ �-kro. k E i‘ - S ivNCaY 1C,tok\ k ZONING: N V\C \ TA LOCATION: G S w Ito c u\irukra COMMENTS: 1t Pk`alfairtNo\ haS hca , rrn pro v�ne.rNA's r acJeL crr Sh 14- C0 � �. s or. +ham. �� 1 ,0. 1)r 15 holr rrtlea •mfr.. t vt, /(4).eas. WO h 01,v,e._. f9<Cow0.Nreil 1-144.— • lbot SA" 1. f Cure. 10cc: L cx 4 Ors.. w t 11Y\ ZC:V -1‘,; fres Co i?..00A% ycn,..412_, A44_, •Ir .t 41re_ ea-‘%.vx o cro P_.d. j'erTatel $u: a�-c,�ec�e� 6�,,,Q bl6Y4-hvao.b\- 00v•Kst-) • BY: .1 • IIII N OTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Resolution, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, Greeley, Colorado, at the time specified. All persons in any manner interested in the Special Use Permit are requested to attend and may be heard. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners , located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 79-83 Colorado Division of Highways c/o Joe A. Intermill, Jr. P.O. Box 850 Greeley, Colorado 80632 DATE: October 17, 1979 TIME: 2 : 00 P.M. REQUEST: Special Use Permit - Open Cut Mining Permit-Gravel LEGAL DESCRIPTION Part of the Southwest 4 of Section 28, Township 5 North, Range 63 West of the 6th Principal Meridan, Weld County, Colorado, being more particularly described as follows: Beginning at the Southwest corner of said Section 28, Proceed N. 82°14 ' 40"E. a distance of 222 feet to the true point of beginning. Thence S. 89°56 ' 20"E. 575 feet; Thence N. 45°17 ' 50"W. 169 . 9 feet: Thence N. 52°09 ' 50"W. 575 feet; Thence S. 0°03 ' 40"W. 471 feet more or less to the true point. THE BOARD OF COUNTY 'COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN ' COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Keitha White DATED: September 10, 1979 PUBLISHED: September 13, 1979 and October 4 , 1979 in the Platteville Herald ti> Affidavit of Publication STATE OF COLORADO, 1 ss. County of Weld, I, (9C.!./ -- - Cet2 of Legal Notices said County of Weld, being dui sworn, say that I am publAer of NOTICE fJ (�LGIdJ' - Puf the Staters of Colorado and uant to the zoning laws the oWeld that the same is a weekly newspaper of general County Zoning Resolution,a public circulation nd printed and published in the hearing wit' be held in the /��/jpp�/p��$y�� Chambers of the Board of County town of i ...a'rL�Jegi— C`r ____ Commissioners of Weld County, Colorado, Weld County Centennial in said county and state, that the notice or adver- Center, 915 10th Street, Greeley, tisement, of which the annexed is a true copy, Colorado,at the time specified All persons manner has been published in said weekly newspaper in the Spec alUsePerrmit are requested to attend and may be for _ s��_ consecutive heard weeks, that the notice was published in the BE IT regular and entire issue of every number of said KNOWN that the text and maps so certified by the newspaper during the period and time of publi Weld County Planning Commission may be examined in the office of cation of said notice and in the newspaper the Clerk to the Board of County proper and not in a supple.nent thereof 'hat the Commissioners,located in the Weld first publication of said notice was contained in ounty Centennial Center, 915 10th Street,Third Floor,Greeley, Colo- the tissue of said newspaper bearing date the rado Al_- day of X1 2 2.�2)A D, 19 79 APPLICANT DOCKET NO 79-83 and the last publication thereof, in th issue of Colorado Division of Highways c-o Joe A Intermill,Jr sat newspaper bearing date, the SI day of P O Box 850 � Greeley,Coloraod 80632 !-r_19 , that the said v_,a/4 .(1IVU& DATE October 17, 1979 (X,AV.E:._ L(Cll-.-t)___ _ - TIME 2 00 P M has been published continuously and uninterrupt- REQUEST• Special Use Permit— edly during the period of at least fifty-two con- Open Cut Mining Permit-Gravel secutive weeks next prior to the first issue thereof LEGAL DESCRIPTION containing said notice or advertisement above Part of the Southwest is of referred to, and that said newspaper was at the Section 28, Township 5 North, time of each of the publications of said notice, Range 63 West of the 6th Principal Meridan, Weld County, Colorado, duly qualified for that purpose within the mean being more particularly described ing of an act, entitled, "An Act Concerning Legal as follows Notices, Advertisements and Publications, and Beginning at the Southwest the Fees of Printers and Publishers thereof, and corner of said Section 28, Proceed Nto Repeal all Acts and Parts of Acts in Conflict 82 feet14'40"E.to the true tuepoint distance ofint of beginning with the Provisions of this Act," approved April 7, Thence S 89 56'20"E 575 feet; Thence N 1921, and all amendments thereof, and particu- 1 " 169 9 feet 7 Thence N 52 099''5050"W 575 feet, larly as amended by an act approved, March 30, Thence S 0 03'40"W 471 feet more 1923, act approved May 18, 1931. or less to the true point THE BOARD OF COUNTY COMMISSIONERS f 7)/C?: WELD COUNTY,COLORADO usher_ - BY MARY ANN FEUERSTEIN COUNTY CLERK&RECORDER Subscribed an sworn to be,ore me this _ '__ .)____ AND CLERK TO THE BOARD day of _ _ _ .__ _Td_u_LU , A.D., 19 __ BY Keitha White DATED September 10,1979 a� ----- Published in the Platteville Herald — La Salle Leader Thursday, Li - ^�' Cis J September 13, 1979 and October 4, My commissiorKupires _f__�S.__�'�_�'�__— tJ 1979 Notar P blic ;;I'I,(' I AI, II;;', I'UM1 I FLOW SWEET S 1 ,D +; 1,1 1('nN'I': C.0'0. 01;viSon ""I':""I': `'� V �" �� P:� 'Z® l',ST: CIDAV CA406 InA:Mhes\ TWWirs rnIr0*O1)et.‘ _______ 1 o('AT "N : _ 5� 1'!'Qis _ _ ® 4\-\. b'P 'A` Q.d - N..\ 4\.\\.A.K.Or % \\.e„,„ ve,Iter 59cA. gio toi 5 so 2. DATE BY Application Received v � Application Fee - Receipt # N A ` '" "`' � Recording Fee Application Complete `.00 P.C. Hearing Date: Letter to Applicant Drafted `y 1) :� Cro0X� Referrals Listed Field Check by D.P.S . Staff \ c� File Assembled -\ti`� Referrals Mailed ��'1 Chaindexed ANk\--\ \ Notification of Applicant - \\‘\ \,\N \ Surrounding Surrounding Property Owners Researched , 7////79 Airphoto/Vicinity Map Preapred 7////79 /c/�/ Property Owners Notified by : •f� Agendas Mailed by : Legal Approved by County Attorney Referrals - Complete Preliminary D.P.S . Staff Comments Staff Conference D.P .S . Comments P.C. Hearing Action : \NW;z1, ` P.C. Resolution Case Sent to Clerk to Board 1 `0 1-1 \d„' C.C. Hearing Action : C. C. Resolution Received History Card Complete C. C. Resolution Sent to Drafting Drafted on Mylar de - --8o Document Sent to Clerk and Recorder P.C. Minutes - r . r • • WELD COUNTY, COLORADO SPECIAL USE APPLICATION . . For OPEN CUT MINE PERMIT (gravel pits, etc. ) Weld County Planning Commission 1516 Hospital Road, Greeley, CO For ZONING DEPARTMENT Use Only Case Number: %UP`11®09,:20 Applicant: Q•Q1(a. vs PC Hearing Date: 1 i I CC Hearing Date: Section: 2,$ , Township: 5 North, Range: 63 West Zoning District: PtuAllAgoA Acreage Involved: 1. ± Permit Fee: l Receipt Number: - Legal Description Approved By , Weld County Attorney Site Entrance/Exit Points and Off-Site Transportation Routes Approved By • , Weld County Engineer Recommended Road/Bridge Fee: /Not Required Refer To: 1 ) Date: 2) Date: 3) Date: • 4) Date: 5) Date: Application Reviewed By °At*" _ Weld County Zoning Department To Be Completed By APPLICANT In Accordance With Procedural Guide Require- ments: 1 . I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission concerning a proposed Open Cut Gravel (gravel , coal , borrow pit, etc. ) mining operation for the following described unincor- porated area of Weld County: LEGAL DESCRIPTION: That part of the southwest 1/4 of Section 28, Township 5 North, Range 63 West of the 6th Principal Meridian, Weld County, Colorado, being more particularly described as follows: beginning at the southwest . corner of said Section 28, proceed N82°14'40"E a distance of 222 feet to the true point of beginning; thence S89c56 '20"E 575 feet; thence N45°17'50"W 169.9 feet; thence N52°09'50"W 575 feet; thence SOO°03'40"W 471 feet more or less to the true point of beginning. TOTAL ACREAGE: 3.25± 2. Surface owner(s) of area of land described 30584 Weld Co. Rd. 380 Name: Buster Peterson Address: Kersey Phone: 353-0372 • Name: Address: Phone: 3. Owner(s) of mineral rights to substance to be mined • Name: Buster Peterson Address: same as above Phone: Name: Address: Phone: 4. Source of applicants Legal Right to enter and to mine on the land de- scribed: "Option to Buy Material" and "Rider on Option to Buy Material" (See Attached) (Attach Certified Copy of any Document noted to the Back of This Form) • • 5. Address of applicant and general office Applicants address: 1420 2nd Street, Greeley, CO. Phone: 353-1232 General Office address: 4340 E. Louisiana, Denver, COPhone: /5/-9224 6. Identify any prior permits for open cut mining held by applicant or- • _ affiliated person: Shipps, Baumgartner, State Land - Roggen, Simpson, Brown, Eichner, Wilson, Miller, Janitell - • r 7. Description of Operation a. Types and number of operating and processing equipment to be employed: The following types could be utilized, however, the exact number of each type would be impossible to predict. Dozers, front end loaders, trucks, _ • motor graders, screening plant, farm type tractors, seed drills, mulchers, and fertilizer spreaders. b. Maximum number of employees: Approx 12, and number of shifts: 1 c. Number of stages to be worked: --- and periods of time each is to be worked: Since it is not possible to accurately predict the time and severity of needed maintenance or construction on the roads, or the quantities that could be required, it would not be feasible to attempt to establish a timetable . d. Thickness of mineral deposit: 4-10 feet, and thickness of the over, for mining . burden: 0.4-1.5' Total depth of deposit unknown. Above figures are this area. ; approximate depths which we will excavate. e. This will be a c e4Vdry pit operation -- Dry f. Site entrance/exit points and county roads and bridges to be utilized between site and delivery point(s) (must be coordinated with County Engineer): Access County Road 380 8. Description of Rehabilitation a. Proposed rehabilitation land use(s) : N/A • b. Source of technical advice for reclamation: N/A c. Explanation of Reclamation Process: N/A I hereby depose and state under the penalities of perjury that all state- ments , proposals and/or plans submitted with or contained within this applica- tion are true and orrect to the best of my knowledge. COUNTY OF STATE OF l( "r14 () t) Signa ure: Owner/ uthorized Agent • Subscribed and sworn to before me this ‘IA day of 919 ,S aAektu NOTARY PUBLIC SEAL My Commission expires /�✓ � ,cj\. /0, j9 ga. REFERRAL LIST z APPLICANT Colorado Division of Highways H CASE # SUP-398 : 79 : 20 REFERRALS SENT OUT ON: July 10, 1979 cn O p c_)� REFERRALS TO BE RECEIVED BY July 31 , 1979 U U 0 W H 44 W U) z REFERRALS RECEIVED County Attorney County Health County Engineer Soil Conservation Service 4302 West 9th Street Road Greeley, Colorado 80631 Frank Suckla 4468 Weld County Road 19 Fort Lupton, Colorado 80621 Colorado Geological Survey Dave Shelton 1313 Sherman Street Room 703 Denver, Colorado 80203 X Division of Wildlife (referral submitted with application) CROSS REFERENCE SHEET Name or Subject File No. Regarding Date SEE Name or Subject File No. Ink `l Ri`Zff R y= G.�,. Library Bureau File cross reference form under name or . ;,,� DlaMlos o1 subject at top of the sheet and by the a Remington Rand latest date of papers. Describe matter 'ac.owa set. for identification purposes. The papers,themselves,should be filed under name Cat.No.30-59(2.1 or subject after"SEE." For use in all Filing Systems f �-A r , DEPARTMENT OF PLANNING SERVICE eV .�, 7 PHONE (303)356-4000 EXT 4O _ k ('\� 1 915 10TH STREE ri 11.1,1H. [,„ . f ,. ��1 ` '� t GREELEY,COLORADO 8063 V-,�� °°t°��°e CASE NUMBER SUP-398 :79 : 20 COLORADOt ,:it;ocuIo. July 10, 1979 REFERRAL TO WHOM IT MAY CONCERN: Enclosed is an application from Colorado Division of Highways for a Special Use Permit for Open Cut Mining Permit - Gravel The parcel of land is described as pt. SW%, Section 28, T5N, R631AT The location of the parcel of land for which this application has been - submitted is 5; miles southeast of Kersey, northwest of the intersection of County Road ' s 380 and 52 This item is submitted to your office for review and recommendations . Any comments or recommendations you consider relevant to this item would be appreciated. If you find no conflicts with your interests, we would appreciate a written reply to include in our files, or check the box at the bottom of this page and return it to us. We would like to receive your comments by July 31 , 1979 so that we can complete our review before the scheduled Planning Commission meeting. Thank you very much for your help and cooperation in this matter.C9\Assistan Zoning Administrator XWe have reviewed the plans and find no conflict with our interests. Signed a;4 ,/4' Date gf 1 b! WEST 0:F JJLE'X SOIL CONS ION DISTRICT Agency ..._ - ,.Z, V` r i AO 12 34lop, S, G�`vo o ' DEPARTMENT OF PLANNING SERVICE N �� 0 •SS�0B v PHONE (303)356-4000 EXT 4C �0�eQ�C0m 91510THSlREE GREELEY,COLORADO 8062 CASE NUMBER SUP-398 : 79 : 20 ,r �ORADO� /' CO �- _ July 10, 1979 l REFERRAL '3i 7l TO WHOM IT MAY CONCERN: Enclosed is an application from Colorado Division of Hiahways for a Special Use Permit for Open Cut Mining Permit - Gravel The parcel of land is described as pt. SW%, Section 28, T5N, R631AT The location of the parcel of land for which this application has been submitted is 51/2 miles southeast of Kersey, northwest of the intersection of County Road ' s 380 and 52 This item is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this item would be appreciated. If you find no conflicts with your interests, we would appreciate a written reply to include in our files, or check the box at the bottom of this page and return it to us. We would like to receive your comments by July 31 , 1979 so that we can complete our review before the scheduled Planning Commission meeting. Thank you very much for your help and cooperation in this matter. _ -"CeCk\TS?2.° CA1°..°64Assistan Zoning Administrator I IWe have reviewed the plans and find no conflict with our interests. fi Signed /c ,c,�-e Date Jo, /979 Agency aLea-W sit,/ EORRI1DU W(1-Eillik To PlanningmmCoission Date July 31 , 1979 COLORADO From Gilman E. O1 son, Engineering Department Subject: S.U.P. Colorado Division of Highways The following comments shall apply to this request: 1. Haul road shall notbe over any weak and/or posted bridges. 2. Set back shall be, so that, no damage occurs to County Roads due to this request. 3. Any drainage problem created by this request shall be repaired by the applicant. L_--/j< -c (1- -'-I( - -" Gilman E. Olson Engineering Department GEO:sar 4534GIs (' AUG 1979 3o *, RECEIVED .3 cv Weld County -w+ c•-= Planning Commission L oc6/91119k,y`q\e, r; - ,er BOARD OF HEALTH Weld County Health Department David Werking, DDS, Greeley 1516 HOSPITAL ROAD William Blick, Roggen Charles W. Juels, MD, MPH Fran Christensen, Eaton Director GREELEY, COLORADO 80631 A.M. Dominguez, Jr., JD, Greeley (303)353-0540 Annette M. Lopez, Greeley Herschel Phelps, Jr. MD, Greeley Kathleen Shaughnessy, PHN, Ault Arthur G. Watson, Platteville John M. Wheeler, Greeley August 17,1979 TO: Chuck Cunliffe Assistant Zoning Administrator From: Ronald K. Stow, Supervisor Environmental Health Service er RE: Colorado Division of Highways: SUP-398:Peterson Pit. Our staff has evaluated the SUP-398 request and the following comments are submitted: 1. An Emission Permit must be obtained through the Colorado Air Quality Division, Colorado Health Department, 4210 E. 11th Ave. Denver, Colo. 80220 before any excavation open mining, or road construction can commence. 2. Site noise levels must comply with the limitations specified in 25-12-103, C.R.S. 1973 in order to minimize the impact on nearly residential areas. IWG 19GP R�e �� o Weld Couc( , w to(nISSI° .t planain� � DOH Form No. 788 Project No. District 4 Maintenance December 1972 (Prev. O.F. No. 10) Location: Kersey OPTION TO BUY MATERIAL THIS AGREEMENT, Made and entered into this 28th day of February 19 78 , by and between Buster Peterson 30584 Weld County Road 380 Kersey, Colo. 80644 • of Weld County Colorado , hereinafter re- ferred to as the Owner, and the DEPARTMENT OF HIGHWAYS, STATE OF COLORADO, here- inafter referred to as the DEPARTMENT. (The term "DEPARTMENT" shall be construed to include Department employees, agents and contractors. ) WITNESSETH THAT: WHEREAS, the Department desires to obtain construction materials of satis- factory quality and quantity for use in construction, improvement and maintenance of its highways, which material is available from land owned by the "Owner" and described as follows, to-wit: A portion of the S.W.1/4 Sec. 28, T.5N. , R.63W. Weld County (446//s/ISWAYAWA/4/910 NOW, THEREFORE, IT IS AGREED BY THE PARTIES: The Owner, for the consideration of One Dollar, receipt of which is hereby acknowledged, hereby grants to the Department the exclusive right and option from the date of this Agreement until the 30th day of March , 19 79 at 12:00 Noon, to purchase and remove from the subject premises. (a) Sand and Gravel at fifteen Cents ( 15 C) per (ton) (V 46r/40 (b) at Cents (---C) per (ton) (cu.yd. ) or for a lump sum of $ If the Department exercises this Option within the time aforesaid, the `Department shall then have the right to purchase and remove all material necessary for construction of Department projects in the area and for adequate maintenance stockpile. If the Department exercises this Option, the Owner shall be paid a minimum of $25.00. The Department shall have the right of ingress and egress to and from the sub- ject premises and to erect any temporary structures, such as: - screening and crushing plants, and asphalt plants; and to employ any reasonable methods for remov- al of material. After the Department has completed its removal operations, it will leave the premises in a neat condition. This Agreement is for removal of material for use on Department projects and maintenance only, and removal by any other persons including the Department's contractor or contractors for any purpose other than as herein provided, shall be under a separate agreement with the Owner and only with written approval of the Department. It is understood and agreed that, upon the letting of a contract by the Depart- ment to a contractor for the construction, improvement and maintenance of highways, the Department shall assign to the contractor all its right, title and interest under this instrument, insofar as the same shall be applicable to the projects let to the contractor, and the contractor may reassign such option to subcontractors working on said projects. If the option is exercised by the contractor or any subcontractor, said contractor or subcontractor shall have a right to extract all material needed for the projects covered by the contract let by the Department, sub- ject to all the terms of the Option. Page 1 Please see reverse side for Page 2 The Owner hereby warrants that he has good title to the above described pre- mises; that he has the lawful right to grant this Option, and that he agrees to hold the Department harmless from any and all claims from others asserting any interest in the subject land. Additional Conditions 1. The top 0.3' of area where sand and gravel is removed is to be stripped and stockpiled. 2. At the completion of the gravel operation the stockpiled material is to be spread uniformly over the excavated area. This area will then be fertilized and seeded. 3. Any backslopes created by the excavation will be left no steeper than 4:1. 4. The owner is to be contacted as to the exact location of the western boundary of the excavated area. DEPARTMENT OF HIGHWAYS, STATE OF COLORADO Buster Peterson ((Owner(s) - Insert as appear(s) above)) By: C'- �l: By:/,�/ �c t,�1Z C,;� �.; P -- t, /t , By: By: ALP:el DISTRIBUTION: Original - Design Engineer 1 - Owner or each Owner 1 - Materials Engineer - Denver 2 - Con§truction Engineer - District 1 - Maintenance Engineer for all State Forces Projects * * * * * * * * * * * STATE OF ) ) SS COUNTY OF ) The foregoing instrument was acknowledged before me this day of , A.D. 19 , by Witness my hand and official seal. My commission expires (SEAL) Notary Public • (Original to be acknowledged and recorded if, in the opinion of the District Engineer, there is possibility of transfer of the premises or question of title. Refer to D.O.H. Memo No. 418, dated April 7, 1972. ) • Please attach plat of pit area. Field Sample No. Page 2 a • • STATE OF COLORADO PIT IDENTIF ,TION DEPARTMENT OF HIGHWAYS District 4 Maintenance - Kersey DIVISION OF HIGHWAYS DOH Form No . 790 Revised : February , 1979 RIDER ON OPTION TO BUY MATERIAL • WHEREAS , on the 28th day of February , 19 78 , an an agreement was entered into between Buster Peterson 30584 Weld County Road 380 Kersey, Colorado 80644 on a parcel of land described as , a portion of the S.W. 1/4 Sec. 28, T. 5 N., R. 63 W. in Weld County , State of Colorado , party of the first part , and the STATE DEPARTMENT' OF HIGHWAYS - DIVISION OF HIGHWAYS - STATE OF COLORADO , party of the second part , for the Option to Buy Material , both parties agree to : extend the expiration date of the above mentioned agreement until the 30th day of March, 1980. _ None of the other items or conditions of said agreement are in any way whatsoever affected by the conditions of this Rider. Page 1 of 2 ( Over) • •c. • DOH Form No. 790 PIT IDEP ICATION District 4 Maintenance - Kersey STATE DEPARTMENT OF HIGHWAYS • DIVISION OF HIGHWAYS • STATE OF COLORADO OWNER(S) (Signature) David N. Fraser • IL? (Type Name) (Signature) Maintenance Superintendent Buster Peterson (Title) (Type Name) *** (Mortgagee) (Signature) (Signature) (Type Name) (Type Name) (Address) *** Si. _ OF COLORADO ) )ss. County of ) The foregoing instrument was acknowledged _ before me this day of 19 , by , and and Witness my hand and official seal. My commission expires , 19 • Notary Public DISTRIBUTION: Original - Dist. Matls. Engr. (For Recording) 1 - Each Owner 1 - District Engineer 1 - Design Engineer 2 - Dist. Const. Engr. _ 1 - Dist. Maint. Engr. (Maint. Pits) 1 - Each Holder of Mortgage Deed Page 2 of 2 fP4 I - ‘_.__- .. , . Ij - of - bD4 , . . ' 0 I. . . 3z- 33 A26)1' 31g-�21ZI/Li6 • '31752. Lt.!1CC2 52 J IC_ € z / -) .S . - - a - .CT ION FEET 660 1320 980 2640 3300 3960 4620 5280 4ARTER FEET 33n 660 990 132() 1650 1980 2310 2640 80 SCALE O1 4 0 S CAl.E A L FiZe p — L.,-7-1-46 2 P e rE..12L 1-7-q_(157 bKM)L) -a( 11.- )(- Lig-VI,----E- s upzutd 1u (cJ • - ° a i,nx 7— co�� / 0 I cI - .- / 4f/lr a6/c Sr Al k O -J0/1A_ I-ri-1 1-47- es . 2 (Jo c e__ 0 ()MI)/ MA Lea 7 Q57 h � 1 DEPARTMENT OF PLANNING SERVICES PHONE (303)356-4000 EXT.4O4 915 10TH STREET _ GREELEY,COLORADO 80631 7 p r7 __,,, , 11 �`\j i , , z1 LJ : i j J � . COLORADO July 11, 1979 To Whom It May Concern : You are receiving a copy of this notification because your name appears as a surrounding property owner owning property within 500 feet of the proposed use. The Weld County Planning Commission will review a request from Colorado Division of Highways for a Special Use Permit for Open Cut Mining Permit - Gravel on property described as follows : Pt. SW%, Section 28, T5N, R63W . The location of the parcel of land for which this application has been submitted is : Northwest of the intersection of County Roads . 380 and 52 If you have any suggestions or objections , will you kindly notify us in writing before July 31, 1979 . The meeting by the Weld County Planning Commission is scheduled for August 21 , 1979 This meeting will take place in the County Commissioners Hearing Room, first floor, Weld County Centennial Center, 915 10th Street , Greeley, Colorado, at 1 : 30 p.m. If you have any questions concerning this matter, please contact the Department of Planning Services at 356-4000, Ext . 404. lI y Assista Zoning Administrat 'I cr. ,,, _ ai1gI7R Q2,_)_',t L �i 46,,e,j gi,3) /c7 7 9 iala'r/'"'Ali b�/ al':/c,7..,)--,--, /-,zrse--e--,._- a - C C._,%4� d',._i-=-4- --J • f - 6r 6-i (_-'-c - r.'ic - c1 YJLo_ C v�'"'a . .A L:47 c<c, ti Z/L •'/at e - - ?' / j f` ar at - GC��-.GcJ �-G a t ��c.�Z`�Zip.'�E.._L-1:j sc•4_ � G`L, 1, tz2 + Cyr a - � emu'` 6i.. E��c 2Z (.vim 1r- `rte ..._4- L 2a 9 e/--63-z,---7-73 t / 2 U `7%e tL/h- E}-v...,?- „...173-74. - - ,,,,, -'1n 161,7 %\ � c , • ,. '3'c- 7 -r` �t1L 1979 t E C IVED L -.Ara: 4 77; -2/I c-x6 r,,L Weld%Int), of/Q &leE taS . 37in?. me t S Co� m�rss' w Colorado Division of Highways SUP-398 :79 : 20 SURROUNDING PROPERTY OWNERS July 11, 1979 Jack Pritchard Route 1, Box 43 Kersey, Colorado 80644 Frank and Helen Mondt 31993 Weld County Road 52 Kersey, Colorado 80644 Norma Siebring 31752 Weld County Road 52 Kersey, Colorado 80644 Union Pacific Land Resources Corporation c/o Tax Department 1416 Dodge Street Omaha, Nebraska 68179 Alfred and Esther Peters 25641 Weld County Road 54% Kersey, Colorado 80644 Allen and Juanita Peters 32057 Weld County Road 380 Kersey, Colorado 80644 /nazi, ,J , i i 6 &12 ‘SO %.t'A-se Co2- 09&,15- 20 — °Ica 17//S 6-6 /282.3// 4CD ie.uatto Pea.koiyi) 12z, L, 44 /* oL / . CiJ 2 C.o 2- C9cp - - /28 �//3 6‘, /49/66-g WO. UZOL 7 / /SQL, C am. �� - 1: �✓ - — co/ cy . 3 - (r& /4q/657 W� *WV- YIPT)CiL 5 o 2c pt ti . cz - O9(as - z9 — a� al6 4//e x`75 7 cz)n UCLO_L VT)P -tei2akEL 436 Ese4 Cg& J29 - 023 �?� ( // 3D(O :'4 x,/4357 uJ0 1 aLcai E L) 4 Lod -- C '6 - (572 O/7 Ulm 1- / 7- 5/ 1410771 /3072/,2 C�lj .3/ 752 W(.12 S2 �.J C�2 - e,5 - 02 - OC4 oc, 3- 3 - 12 /508 / c_?b Ultu3 i2' 8 . /4/i Ox4z' q26. /-4e-06 6e/7q. toci0Lre,t). - c9&5" 0/5 3-11 �"Z /3a_� 3g 0e6Raft, 6'1 eat402) l 2324/ Buz 54 of / / 7794g 66Z) aatn &2C6 7 OL-/ ,3 . • "E'll' LIY?_cLacr9, : k2)1) &9e klack, ,-).0/2itiomkth ) gcxo44 V-)Z0-Pcit/ .7/ 9673 C cJC-GL r2 kTL, 6/Qz)-29; s3/ //5-2 LcIG2 (Z72.1.111JW ,�und Lq0-c aPP /4/e ;00-C9& i(O/Y)C 7-41) e//-7q ,,ems, e c��e; QLt )) Ofiey? L1.ucUzLtcu &aos-7 Ldc.ri <380. PETERSON PIT - WELD COUNTY EXHIBIT A: LEGAL DESCRIPTION The requested area is located in a portion of the S.W. 1/4 of the S.W. 1/4 Section 28, T. 5 N. , R. 63 W. • PETERSON PIT - WELD COUNTY EXHIBIT B: MINING PLAN There is direct access from the affected area to the County Road on the northeast side of the affected area. There are no specific areas designated as plant and stockpile areas. The highway maintenance forces or contractors will be allowed to select a location for these sites that will fit their operation. The following outline of general requirements will be used as a guide for the mining operation in the area. However, those doing the excavation will be given latitude as to the sequence of operations, methods, and equipment used. A) The top 0.3' of overburden in the borrow area is to be stripped and stockpiled. B) The exposed sand and gravel will then be removed. C) The excavated material could be hauled directly from the area, screened and then stockpiled or hauled from the area, or stockpiled to be screened or hauled at a later date. D) When the gravel mining operation is completed the site will be reclaimed in accordance with the reclamation plan. E) The following types of equipment could possibly be used in the permit area: dozers, front end loaders, trucks, motor graders, screen plant, farm type tractors, seed drills, mulchers, and fertilizer spreaders. F) There is currently no specific time as to when gravel mining will start in the area. Operations in the pit will be dictated by the need for repair, construction, and maintenance of highways in the area. It is possible that there could be a span of a year or two between the gravel operations, which will be of short duration and would not total 180 days in any one year. Yy • PETERSON PIT - WELD COUNTY EXHIBIT C: MAP Location map on following sheet. Site map is in envelope at back of application. • Li Si 61 (WELD COUNTY SHcET I) /w•ao' (WELD C fl R64W. - 7I' R 63W. 'CH LINE "C -�— L _ —../—• • I I°: MALE70N° • ▪ • T •. ._-G �. • i■o I 1_------_---_---_-_-_-_--_--- ____♦��-o --------------- -----------_---_-_---- - _I 1 ■ fOPIEST)1P6 • I ! • �� • ♦ Pt RNISH I xII_ • I 6 11 6 o 4 , 3 I 2• 1 1 6 5 lS'" •. 1 II I . • ■ P 1 11 \\ II a • !• ■ IF !• _____ Io ! ♦ I I II II 7 e C. 9 °. 1 10 ._, ,,, II Q\ • 3 Q 7 Not • :o/�' to H II II 4O°JO °• : F°Re3en14sr ! ♦ / Q II T II • 9 •�J�.° •°■ rl� • I v/7 •I ♦' 11 II ImLOwE: ° • � : o • 1 •1 a! i1 ,X - __�'IM_ f • ' f• - . ! @ of ! ' n 16 15 14 IS 11 15 Ilia{frbOFs 16 i 1 °1° ,,��BARNESVILL:- II II --07 I. #O5 ® 27 ® I ■ FA9 � 39 I1921 °1 9fv1 NE°u II 11 TO 1 aNATTNE•/S �•!`j! `� T • • • D I �°°u • L __ __ 1' 20 21 22 !a 0� ! N I a! a ! i u Gr°'1e 37 1..: o`, • 1 •! • !.aa zl • ° •i ° ( �, .a • 1 1 QP • •1 ! fix • •° ! °. ILL .� a a. .a v OPERATOR: STATE DEPARTMENT OF HIGHWAYS � x• •urororo m POPGESTJPO�, _ __'_°__°_; • DIVISION OF HIGHWAYS • `m - 25 '° STATE OF COLORADO �' • S ALDEN O°■ • ° °i 1:•;\''S.."\. • • ! • '•• (• SCALE: 1/2" - 1 MILE —a•_—_—° • • rte`a 1° I I —• Goo=1------- ! Ss sc JI DATE: MARCH 17, 197833 6 •1 '• h a K�� • ! 1 N B//scoo Loire a• s• ! i■ 1.4 1.--, ! SECTION: 28 N AS t•37 a• ■ TO CREEL(ri �ICT US 6� Ia FA3 -----:-::o�:� � 1 6 TOWNSHIP: 5N. 1• I ' ^` '37 I RANGE: 63W. �• , S=o, -'` ,_ . ,° .! ill'''\\\ COUNTY: WELD 1 It • I • •••17 Y !7 I`�`` y• 1•°_°•• IS 6 >s7 6RE£L£7 I ; ` 'fat �\ • ' ' °� � PETERSON PIT a JCE US RJ ■ 18-I TAP +f _ T T.5N. I • °• KERSEYI • .4 •/ 1 # £'O°J7B f °I _ t9 • V i I • ° • ,1 1 19 k _ 21 •; aI 1 on ! JO ■ 29 ■ 29 I Gotham - ;� •° —• ;,. / iKLIFFERoa `� • ZS �I. �GA 27 2• 25 30 29 2• • 1• 1 � `�� °■ °Fl 5 Sr 'ate °.1 `\I • °31 ; `` • 33 • 34 .1 n JS 56 ! ,f 32 `�',�a • ■ 36 31 32 9 • T �fy 1 !• • ! ! 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" • PETERSON PIT - WELD COUNTY EXHIBIT D: WILDLIFE, WATER RESOURCES, VEGETATION, AND SOILS INFORMATION 1. WILDLIFE Please see attached statement from the Division of Wildlife concerning wildlife impact for the area. 2. WATER RESOURCES This pit area is located on an upper terrace of the Platte River. The pit is located in such a manner that it is very unlikely any flood water from the Platte would enter the area. Our excavation will not be deep enough to encounter ground water. The material will be removed in a manner that should change the natural drainage very little, if any. The drainage will remain to the north and west. 3. VEGETATION The area where we propose to remove topsoil is a wasteland area. At our request the U.S. Soil Conservation Service ran a range condition inventory on the site. They determined that the area was in good range condition with sparse ground cover. The following species were listed with their estimated percent composition by weight: Blue Grama 70 Sand Dropseed 10 Buffalo Grass 5 Red Three Awn Trace Prickly Pear 2 Bush Buckwheat 3 Sand Sagebrush Trace Russian Thistle 3 Common Sunflower 2 Various Annuals (Aster, Tumbleweed, Etc.) 5 4. SOILS The U.S. Soil Conservation Service maps of the affected area indicate there are two soil types present. The north west portion of the area, which will probably be used as stockpile and parking area, is an Ustic Torriorthents classification. These are deep, excessively drained soils formed on terrace breaks and escarpments at elevations of 4450 to 5100 feet. Permeability is rapid with low available water capacity, medium surface runoff, and • PETERSON PIT - WELD COUNTY EXHIBIT D: WILDLIFE, WATER RESOURCES, VEGETATION, AND SOILS INFORMATION "CONTINUED" moderate erosion hazard. This soil is typically used as rangeland. It has poor potential for urban and recreational development due to the primary limiting features of loose, coarse textured soil, steep slopes, and rapid peemeability. The remaining portion of the affected area, where we will do the majority of our excavation, is designated as a Dacona Clay Loam, which is a clayey plains range site. This is deep, well drained soil at elevations of 4550 to 4970 feet which formed in mixed alluvium. This unit includes some long narrow streaks of sand and gravel. The permeability is moderately slow with moderate available water capacity, medium surface runoff, and low erosion hazard. Typically the surface layer is a clay loam with a substratum that is a gravelly sand. This soil can be used as irrigated farmland, dryland farming, or rangeland, but it is listed as having only fair potential for urban and recreational development. WILDLIFE' CTATF.MENT FOR MINE PERMIT APPI '�•LTI0N • • 1. Mine Company DOH - Peterson Pit . . • • 2. Mine Type and Location • • Sand and Gravel - SW47 Sec 28, T5N, R63W, Weld County • • 3. Duration of Operation • Indefinite 4. Total Area Disturbed • 3 acres • ' 5. Wildlife Species List • • Songbirds (seasonal ) , pheasant, magpie, crow, raptors, fox, coyote, rabbits, badger, small rodents and skunk. • . 6. Endangered Species Impacted • • No known threatened or endangered species. • . 7. Assessment of Mining Impact on Wildlife Insignificant. The site is a triangular area bounded on sides • by roads and the other by farm buildings. A very dry site on a terrace above the flood plain of the Platte river.- Very sparse 'cover. . • 8. Proposed Mitigation Measures Including Reclamation for Wildlife Habitat Grade and reseed to SCS specs. • • Prepared by Don Bogart Title Environmental Biologist Date April 6, 1978 - PETERSON PIT - WELD COUNTY EXHIBIT E: RECLAMATION PLAN This proposed pit is located in a small triangle of land bound on all three sides by county roads. The total area in the triangle is approximately 8 to 9 acres. Our affected area will involve approximately. 3.25 acres of the triangle. Apparently, due to the odd shape, small area, and uneven terrain, the area is just waste land covered with native grasses. It is located in a transitional area between the river bottom and upper terrace of the Platte River with a general drainage to the northwest. The owner requested that the area be reseeded to grass at the completion of our operation, therefore, our reclamation efforts will be directed to comply with his request. At the present time we anticipate that work in the area will be accomplished by our maintenance forces. If this is the case, the pit could remain active for several years with very little final reclamation done until our operation is completed. Our excavation work will be back into the terrace portion of the area with the depth to be approximately the same elevation as the county road which forms the northeast boundary of the pit. The reclamation will include the following: 1. The top 0.3' of overburden in the area where material is removed will be stripped and stockpiled. 2. All backslopes will be left no steeper than 4:1. 3. At the completion of our operation the stockpiled overburden will be spread uniformly over the bottom and backslopes of the excavated area. 4. Those areas over which the stockpiled overburden is spread will then be seeded, fertilized, and mulched in accordance with the following plan: SPECIES COMMON NAME VARIETY RATE - PLS/ACRE Bouteloua Gracilis Blue Grama Lovington 0.8 Bouteloua Curtipendula Sideoats Grama Vaughn r 1.8 Schizachyrium Scoparium Little Bluestem Pastura 1.4 _ Panicum Vergatum Switchgrass Grenville 0.9 TOTAL - PLS/ACRE - SEEDING 4.9 LBS rp s N • PETERSON PIT - WELD COUNTY EXHIBIT E: RECLAMATION PLAN "CONTINUED" MULCHING MATERIAL: 1 1/2 tons per acre native hay or straw COMMERCIAL FERTILIZER: To be determined by commercial tests prior to application. Equipment utilized in the reclamation operation could include earth moving scrapers, dozers, front end loaders, motor graders, farm type tractors, seed drills, fertilizer applicators, and discs. • PETERSON PIT - WELD COUNTY EXHIBIT F: PROOF OF LOCAL GOVERNMENT APPROVAL Application has been made to Weld County. When their approval has been obtained, a copy will be forwarded to the Mined Land Reclamation Board. PETERSON PIT - WELD COUNTY EXHIBIT G: SOURCE OF LEGAL RIGHT TO ENTER Please see attached copy of "Option to Buy Material" dated February 28, 1978 and Rider on "Option to Buy Material". a • SENDER Complete items 1 2.,and 3 Add your ad.:.as in the"RI TERN i0'space on - _ reverse 0 O 0 U C:9-1po 0 1 The tollosIn scrv,se s ie.luested (check one) O-_i 0 of w a ^ Show to horn a•rd date deli%ered _e fti'' © ��° �' 7,.. r- Show to whom,dla'c and address of delnen _c ,j�� a? -- rry c,`, Ry,4.., , , o _ w) RFSTRICTFD DELIVERY � � N O L.-- o1 I Shou to whom and date delivered _y -- . IX ¢O ` a 4) '-1 N. I . ,a, a — RFSTRICTFD DELIVERY +a �+ oo w o R ow �¢= i� CO „ 1 �¢� U �t ai,�v0 a ? a �� >≥ j Show to whom date,and address of delnen $_ W .4 '7 t-)Lc 41 p o • - o ow w (CnNS['LT POSTMASTER FOR FFFS) ® v'~` W V A b w 0 la o0 00¢ oases oN� z IF 2 ARTICLE ADDRESSED TO ® JL C=� CII.0 ':b Q �U or- yin_', ' » E a Q iro as VC Ce i- `a C`'A Eow a cc o Union Pacific Land Resources Corpora :im I-- olL ��_ _w W ;� o °nao (T3'- '-fl' °na¢ C9 M. '6 O O ? '-'tF N IL F 0 O I.-- ,4tr-I Ail t.in co 0 ' ¢ CO is 3QI/IU3S 1df303U mina p �Q t m C/O Tax Department 0 '` m S. N S 3IAl3sivrJQtldO ` c 1416 Dodge Street IM .a S33d UN U31StlLJ1SQd 1lf1SN00 o ,0 1`. z �,I9LINQE6J2RIPTION 68179 79-83 9L6I 'td m REGISTERED NO I CERTIFIED NO INSURED NO d '008£to m I 6197289 -.--I\4- — z (Always obtain ssQnature of addressee or agent) m —9 j .� . H I have r wed the article described abov( ra Ca SIGNATURE C.-- P m Akdreuce D \uthonzed agent CY) G I Q) 'O I m o +.t ca o `/ prin ` w ! I 09 c DATE OF DELIVERY j POSTMARK r.�- 'rT wow o= S 7-/� - l a-,ll ,¢ 4) 1a y w a z `a$ Q) O O o o L.'? 5 ADDRESS (Complete only If requested) +rt W° N to Ow CO ¢ J Qo LL ai I --.≥ N O �� 0 O CCD W U 0 MI > !o oQ `o� o .x, Iwi m �� CI JJ Law 0 IM w' U d r-la O W 0Ili oo ,2o Io¢ IoNU z f- -i 0 —� td 0 CUo L ¢ U o'er o<>-' ,E"):'- 'w oov� w o T 6 UNABLE TO DELIVER BECAUSE CLERK'S ® �^ z z ^ o '¢ s� xww xou O x m INITIALS i . GCO W U F ono cn¢o cnoo Zvi¢¢ Q �' o- b 0 °¢ >, - aw W I F O 3 V. r4 o Q) a w ;a 30IIIU3S 1d13Q3U NUf113U o ¢ CO > O !-I F F U)e7 W , a .1 CO r 0 z r-I cc Idl O (U cn i U S39fAU3S 1VNQUdO y ,f GPO 19]8-nz-aez W La La CV a '�+a S33d U0d U31SVLuS0d 1lfISNO3 l- a n IX 9L6I 'adV'008£wau3 Sd -°�0 SENDI R l amplete Its ms I 2 and t cdd your address in the'RCTLJR NTO"space on �°�,' �[ �—"pO0 _ reverse r 0) ® I I n ' The follou,n,L senlce is rei)ueste ct`,one). ® w 4-1 ca I i �� Show to whom and date de(nered ,Y Ul 5a I P-I cu P4 I Show to uhnm,date and address of del nery _� ;�, 00 In ICJ,: J o _ '------' RESTRICT'D DELIVERY c,ti �Q w 41 1/4o I Ion Iw Show to whom and date delivered _c c -u aq �' '—' RLSTRICT-FD DELIVERY C.°71 J rsF O w R lo Ict Q�w _,,0 cg O O U W w �� '�o II= i�� rn how to whom,daft,and address of delver} 5_ v fr �7 0 > 1O .o a o� I000 w faC w� 0 >> ;w � . �LL�, w (CONS[ LT POSTMASTER FOR FEES) 0 ,� ® c'_(n 'V b W .O IF o0 oow ;2`2c-'1- oy8 2 w ® I� C2.4 t"000 0 LL 'Q I0 o.., aI . » �¢E ¢ Q 2 ARTICLE ADDRESSED TO CL- ¢O aa 0 I- .¢ x.r oow o' � oatn la o y F-- - I W 'CO ' NU Alfredgl and Esther Peters Fi oz o v 0 '� I� 3a1ne3S1d13a3aNan13a ; 25641 Weld County Road #54% —I 'p a w a Q M m at O 0 S301flU351)ItQI1d0 Q 0° c Kersey CO 80644 79-83 0E i a S33d UOd U31Stlt.J1S0d 1lfISN00 aca, 33 Z 3 ARTICLE DESCRIPTION 7j„, REGISTERED NO CERTIFIED NO INSURED NO 9L6I 'add''008£ml m _ , 6197290 J 1 m (Always obtain signature of addressee or agent) I '_, M 5) 5) 5) 5) o i 0 . tl vO-i I hate received the article described above c0 I I -4 SIGNATURE cf, o I I I 4�, ressec' ❑ ,At thonzed agent rn e LL cs� I I I i I o J I co 4 :. 1 %✓ %.-. 0 lo,I C DAT OF DEEL/IY Y / , s53MARK-,, 4 V-� _ /f�� 1r CO \O w o a ow ,a L,, C CO z z t I o fb w JLLI ao 0o I¢x �� rn 2 5 A DRESS (Complete only if requestled),. +v /t S U�,0. tlj 0 > ,0 0≥ �x°/, Ipti t=oo W n �'- ,w x, 19`x, f-- Let' N A Ov w 0 ' �¢ o I�ow u. P CI) GS:_ 0 C) paa O w 0 i_ ,w ooE o¢w Io,00 o w E' ,•� ® L-d —C/) N W -i f.o <w >, I?w ' LL o o U a__ 0o a -� L' Fyn •rl z .z U �o �zw Ixww ,xovW~ Ow O m 6 UNABLE TO DELIVER BECAUSE CLERK'S I=' _7 p 0 ,, I Q w u., ao icnoo :v]as R �. F.'?if; P-I z u. a 'W I „,z O 0 INITIALS p o - a)< N w R ct ,¢ 3alne3S 1d13a3a NUn13a o cc 3 W a C r ( z z o o c"o S381(IU3S 1t1N0UdQ cr I- AA ' SBA 1)04 U31St16J1SQd 1mmSN09 a GPO 19]9-zn-sez rr r7 '� ty'a' a .. 9L6I 'adv'008E 11. .".1 sd C t % 6 11, v 6 ? 4 ;g a) (wt.'', II i ht ' .,� nt' 7- . rNcrcc �C a d - tihr C, ,. -- E. , !dure .. N:_y. ,. �. ,�.,. ,t -, �V S11.1,( .)i_ \, File Sho, _ .ai'\t c. Rf‘•'1-4, -T I) i)LL:\ F R'Y d RI (. ` i RZR\''e SI .,V , _ , ddre '. 3 t ;try $- •r, OR i",\�;'I_i PO \S-BI FR r ;FS) $, 2 ARTICLE A7.CRE`.:SED TO --- 2 A-T.CLi AI,CRLESED `D ! Jack Pritchard t., Allen and Juanita Peters Box 43 r02057 Weld County Road 380 7, Route 1, ;' cKersey, CO 80644- - - _ 79-8 Kersey, CO 80644 79-83 3 ARTICLE 'JEtC rT'CN 3 N!"..1- ;, !E NO \ JRFL VC REGISTERLC NC Cr`„ 4 C` NC N`.'' E NC SE. ER I a rn m 6197292 - 6197286 i• - - - x 'Av.,r c.,. a,;t e e4 _'zssee^ -tr' --- x rA'h.-y�ehtz`':z.rz^_C Cc..., _, ow.. - -- — -__ S — - - `G �� I have rerrttd ht ..tt?r first _brc _bt N4 61 Y h.c r< ,r d S'GNATURE >, ,i; , , t - SEC', SF I':„ L d { - 'r,.. ---- _ z F' 4cn OF T�;Cr E Vt av r/_J l�' j" c /J Jul f sl PP `• 1 J 4DOSESc pr.r� c- y r r=:„-ci, 5 ADD6 =^'N r!C a 'y , c;..._ 11 0 1979 rn q .,�..m,.. `+Yf« s '�' 6 UNABLE TO DELIVER BECAUSEWI J ERK' 6 USABLE TO DELIVER BECAUSE tN,ITIALS S r^ GPO . , 3 LA, P b I I. 0(NI .� cv <� v o • 'I A1)r (, _ , a,^. „r, �,�_ <I; *,-.. C*l , n.r.1„ a lht. Ni r 1 k\ ,Pau rI vI 0b I0 _ ere L,,, ' ,� 'd O a EH ,,, !0‘‘. ,,_ su ' , rc tAstc.l (the,k (Inc - fj"t1 d 0 Ri "' I t "' , i �h-,,t H a nom, d dau dcli.tred 11 W -s _ , / r-2, r_. + ', ,'� �t I ,�� a� tihnu ti`whom �`:tc atd addre, cif Alo,ert Y rLea �' I> o? rr " `—" g', N O w cc , " ,W "ww _ RFs1RftTII) DFLI%FRY > J Q O '- 2 OJJ as i tih()u to uhom ,r-c' IC delrstrcd -: (_F` iJ I.�Ci r-'I Ow 00 I w w oQ o,, loh= `ono w � .' c) N, c,..) 0 > '0 mu) !x� .LLw LL I - RI`"IRICTEL) i,`1.1\'FRY CC J -> u+ -1.7: , -o ' f� rat r C) x .b 0 O , w o 0 ,t C. I 'ir r Cult,' 2 I.. ',hou to a hrr- ,(Itt n,l address of dt Ilstrt 5 �� O Come-- C') mil r--I N U Lit JO �.t> �» ?wH Z I¢ CO IO Io w ¢ ' u,- oo2 lu ,-L oom W G f(> C�� f�• a.) p ¢ x<c x. sow a Irc (CONS! IT POsTMASTFR FOR IH ) r^ ma) cd n3'Q w 2 y cno rn¢o woo v>¢fr F O 11 -n® O ,� aN a cow ¢ 'In LI Q- cc 331AH3S 1dI3a3H NlIfInH 2 'Q 2 ARTICLE ADDRESSED TO IU ca i- ro,rurn') 1- 0 S3'31AE♦3SltlNOIldO al i Frank and Helen Mondt EIErIp Ntnl •- 'rn l'_ in w (DM a x° S333 1103 831SVWlsod llnsrJOa ° ,a- m 31993 Weld County Road #52 CI, 9L61 'XIV`008E a Kersey, CO 80644 79-83 2 3 ARTICLE DESCRIPTION 2 - r' REGISTERED NO ' CERTIFIED NO INSURED NO c; N (TI n _n tr, co' U ,, 0 U ,, O V 6197287 _-, Q IO1 i SI !Always obtain signature of addressee or agent) n. r o I ro ^ 2 I has t' recrts ed, v art'elt drstriL,d abosr cn o!. 0 d¢ 1 P4 y0 SIGNATURE \,','<ti.•. At,iLu1 /et! IC,' I'` 0 ) L 11 1 I I O MI 1 a IAJ Q 51 I ✓I-tl ›- 2 w o a' 2 4 4/ 7 1"'(4 '`,�1?-21-4e1;1—.-- `T, �tl N CIO 0 0p o o o`.0 oWW c DATE OF DELIVERY .1 pg R}C (1: I II ICE ;5 o ow co cc a¢ 9>> ILI .�F 0` N •� Uo > rLil o ox •OL ;off Isoo W 0 .-V/s-- 7? 1 I_ ` I� Lu I- c)1 a 'O a p w us w o? !....:,E. ,,:c, -> ouo� z w Z 5 ADDRESS (Complete on( equested + )1 V! c�mtnl • N r"'1N U w J IU ' :� =•a> 1=» wx Q Q O +I �' i r .�. Z Zo 5¢ ,� c�.L one o� brow a tort , �&79 !� r� _ =c1 I COcO 3¢ w o f- urn Inao inoo ,Ina¢ ¢ 37 ,! Cs9 h I z w .� ii a W ' ,_ O -t "-�_ sl o to ro F�Q a) w ¢ u) cc 33Ifld3S 1d13a38 PJH013d 8 Q 1 6 UNABLE TO DELIVER BECAUSE CL eRK'S I0 Iz O ¢ tN-I 0 CD S3aIAH3S ltlPJD11d0 I- N 3 Iy+1IALS ELIA �✓"i Z u~i r)a a S33iI H0J H31SVU1SOd 1lnSCJ0a o a D //// r x, 9L6! •ady`008£ill Pr, I9,0212-382 U 0 U U 0 U 0 (�� Q h • SE Nlll K r o,npl Ic ,em. I u.. •(.'"-7,-') 1dd '', ,.,Llr,.s' ,.o Kr T1 R\ 11) .pine on n \s e w I _ norrse O �• 4� 1-.-__ ' ct Q •rl " Tht fn'It.,sl•1 ur.l.t Is „ ,usttd (the ont) V ��I ++I �+ Cr) ,� > X Rhir•a 'n ushon, nd ,!a•c ,ldr,ered ;-- ,L,,_ C'I •r{ N O c m 2 ;,+„ a¢w '-H ,. to s,Horn,,laic ant;addres,of delrsery _C ( �JJ� i c �)I rl Gu pl n a c'_ to ao R1SFR(CTID DILIVIR\" H❑ tfY w w w �l caT O > O ,z •gin• sco LL "hrru to uhnno ird d.'o dtltcercd -C L`-'? It °I A' 'a O Uw o w o'''' oa R ;oN'5 z Im 7 Rk sl RICA FD DI LEVI RY F.A 9 W Qli N K. w J U r: , -, l:s F.:`&',t Q ® m= c,n I OO o O; ¢ ¢ _._ L-,� p; = o�,f, w o �h,'s m uhort. daR .In ,iddress I,t dcl,strt $— ri y.8 'd z dJ z Pa U F '>- v.it o' in o o cn•t o D tx �� do O¢ du a ,w ID ((ON.l L1' P(,,IN1V`,UR I-OR III S) M. 1138 P.r hl w+—� In ¢ 32IACS171333HIIJHn13H 8 I c LI as IR r0w O,•_c U¢ a)¢ a C 2 ARTICLE ADDRESSED TO O FE .50 o ;,3a.AL'3S ltli,:011do '�I (-)1(7) e a a+ 2 C7 S333 H0A H31Stlt,11SOd nnSNQa o i� cr Norma Siebring 9' 'adv`00' m 31752 Weld County Road 4 52 ; Kersey, CO 80644 79-83 2 3 ARTICLE DESCRIPTION 2 m REGISTERED NO CERTIFIED NO INSURED NO a 16197288 { I I I I Z 2 (Always obtain signature of addressee or agent) o ¢ I I base recessed the art1rle descr bed abosr F f`' ¢ -I SIGNATURE r' S Ilionn'd„ILLnt rrl W cd I j 1 a a � ! 28 rr `f ?v o _ C GejE OF DELIVERY t+lAs(rsrN .t — OA • _ yl 1 \ v _ •-I E ❑( ri r• o // _7/-- 7� S Fp n a .r+ h o a r 5 ADDRESS (Complete only't requested, Y I I c O rI Os m !a7 / ° J n ml N ,. N o 2 \s /` r c ~ c ^ , O is•t s� ¢ O1 4 o 92 o m 6 UNABLE TO DELIVER BECAUSE `�.� `.) �1' 'S a r- � -•3 W •r1 N ® U I—I E ,a - GI t IALS .. L E ^�.. 0 a• to to J-a 1/40 c, Lark-7 `m F, 2 •� 0 On 3 i^, T. 1 i r 5 O •rl 00 e O > •a w o r �- o q • z d / o� t? ` ':'. 'f, y / < <I N ❑ — 4�I ,. ',GPO 19,8-212 iB2 ' C v j j 5 C O O W`w — i.. U., OCJ' N U b a) a) t ti CC t WC II,, tcc O 1—) O• OH t,-, z 0 o z • _ r, O \ • 14 IX .—. v a in its .' norr 3811 Aug 1918 RETURN RECEIPT REGISTERED,INSURED AND CERTIFIED MAIL DATE: Septe r 7, 1979 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners: If you have no objections, we have tentatively set the following hearing for the 17th of October DOC #79-83 Colorado Division of Highways - SUP - Open cut mining permit - gravel OFFICE OF THE CLERK TO THE BOARD B Y_i,C Y ,- LC/6` i Deputy / The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO a44,-- 4,--6,1) fz/12-.6G-"-i L,�J L-'' 1-, 21,4z (y,„-„ ,..._er._ T -)Crc FILE CONTAINS OVERSIZED MAP PLEASE SEE ORIGINAL FILE Hello