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Home My WebLink About20082465.tiff NOTICE The Board of County Commissioners of Weld County, Colorado, on October 1, 2008, conditionally approved a Site Specific Development Plan and Use by Special Review Permit#1660 for the property and purpose described below. Conditional approval of this plan creates a vested property right pursuant to Article 68 of Title 24, C.R.S., for a period of three years. DOCKET#: 2008-69 APPLICANT: Dust and Dirt Excavating, LLC c/o Broken Arrow Investments, LLC Attn: Darwin Derr 699 North First Avenue Greeley, Colorado 80631 LEGAL DESCRIPTION: Part of the NE1/4 of Section 4, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: For a Mineral Resource Development Facility, including open pit mining and material processing, in the A (Agricultural) Zone District SIZE OF PARCEL: 39.19 acres, more or less Failure to abide by the terms and conditions of approval will result in a forfeiture of the vested property right. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: October 17, 2008 PUBLISHED: October 24, 2008, in the Greeley Tribune Affidavit of Publication STATE OF COLORADO ss. County of Weld, I, Lorita Seidler of said County of Weld, being duly sworn, say that I am an advertising clerk of THE TRIBUNE that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or advertisement, of which the annexed is a 545-3010 9/0-4,30-LION true copy,(days): that the notice was published in the regular and NOTICE entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper The Board of County Commissioners of Weld County,colored°, proper and not in a supplement thereof; that the first publication on October 1,2008,conditionally approved a Site Specific De- velopment Plan and Use by Special Review Permit 01860 for the of said notice was contained in the,issue of the said newspaper- ihieproperty and purpose vested below. Conditions approval of bearing date the Twenty-fourth day of October Title plan 4,C.R.S.,fore property right pursuant to Article 68 of DOCKET it 2008-69 a period of three years. AD. 2008 and the last publication thereof: in the issue of said APPLICANT: newspaper bearing date the Twenty-fourth day of October Dust Broken Arrow Investments, AD. 2008. that said The Tribune has been published Ann:Darwin Derr 699 North First Avenue continuously and uninterruptedly during the period of at least six Greeley,Colorado 80631 months next prior to the first issue there of contained said notice LEGAL ship 5 North,Range DESCRIPTION:5 West of the 6h P.M.Weld Count'Col- or advertisement above referred to; that said newspaper has been orado TYPE AND INTENSITY OF APPROVED USE:For a Mineral admitted to the United States mails as second-class matter under Resource Development Facility,including open pit mining and theprovisions of the Act of March 3, 1879, or any amendments material processing,in the A(Agricultural)Zone District SIZE OF PARCEL: 39.19 acres,more or less thereof; and that said newspaper is a daily newspaper duly Failure to abide by the terms and conditions of approval will re- sult ina forfeiture of the vested properly right. qualified for publishing legal notices and advertisements within BOARD OF COUNTY COMMISSIONERS • the meaning of the laws of the State of Colorado. WELD COUNTY,COLORADO DATED: October 17,2008 The Tribune October 24, 2008 October 24,2008 Total Charges: $14.76 Advertising Clerk 24th day of October, 2008 My Commission Expires 02/14/2011 • Notary Public • NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code, 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, First Floor, Greeley, Colorado 80631, at the time specified. If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 336-7215, Extension 4226, prior to the day of the hearing. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado 80631. E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. DOCKET#: 2008-69 DATE: October 1, 2008 TIME: 10:00 a.m. APPLICANT: Dust and Dirt Excavating, LLC c/o Broken Arrow Investments, LLC • Attn: Darwin Derr 699 North First Avenue Greeley, Colorado 80631 REQUEST: A Site Specific Development Plan and Use by Special Review Permit #1660 for a Mineral Resource Development Facility, including open pit mining and material processing, in the A (Agricultural) Zone District LEGAL DESCRIPTION: Part of the NE1/4 of Section 4, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado LOCATION: East of and adjacent to Balsam Avenue, and north of State Highway 263 (See Legal Description for precise location.) BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: September 12, 2008 PUBLISHED: September 19, 2008, in the Greeley Tribune • rramtrr aocl�?V& Affidavit of Publication STATE OF COLORADO ss. • County of Weld, I, Jennifer Usher of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or NOTICE advertisement, of which the annexed is a true copy, Pursuant to the zoning laws of the State of Colorado and the has been published in said daily for Weld County Code,a public hearing will be held In the Chant- bars of the Board of County Commissioners of Weld County, consecutive (days): that the notice was published in Colorado,Weld County Centennial Center,915 10th Street,First Floor,Greeley,Colorado 80631,at the time specified. the regular and entire issue of every number of said If a court reporter is desired,please advise the Clerk to the g Board,in writing,at least five days prior to the hearing. The cost newspaper during the period and time of of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act,if publication of said notice, and in the newspaper special accommodations are required in order for you to partici- pate in this hearing,please contact the Clerk to the Boards Of- proper and not in a supplement thereof; that the fice at 970)336-7215,Extension 4226,prior to the day of the hearing. first publication of said notice was contained in the The complete case file may be examined in the office of the issue of the said newspaper bearing the date of the Clerk to the Board of County Commissioners,Weld County Centennial Center,915 19th s Street,n Third moor. ual Greeley,o s-o Nineteenth day of September A.D. Colo- redo 8116a1. Main messages sect s an i.Toiensl sioner may not be ondtl the case . To ensure s inclusion 2008 and the last publication thereof: in of your E-Mail correspondence into the case file,please send a copy toegesickfacoweld.co.us. the issue of said newspaper bearing the DOCKET 4: 2008-69 date of the DATE: October 1.zoos TIME: October a.m. Nineteenth day of September APPLICANT: A.D. 2008 that said The Greeley Tribune has been • Dust and Dirt Excavating,LLC continuously and uninterruptedly during do Broken Arrow Investments,LLC published Y P Y Ann:Darwin sun the period of at least six months next prior to the 699 North First Avenue Greeley,Colorado 80631 first issue thereof contained said notice or REQUEST: A Site Specific Development Plan and Use by Spe- advertisement above referred to; that said cial Review Permit#1660 for a Mineral Resource Development Facility,including open pit mining and material processing,in the newspaper has been admitted to the United States A(Agricultural)Zone District mails as second-class matter under the provisions LEGAL DESCRIPTION:Part of the NE1/4 of Section 4,Town- ship 5 North,Range 65 West of the 6th P.M.,Weld County,Col- of the Act of March 3, 1879, or any amendments °rod° thereof; and that said newspaper is a daily LOCATION:East of and adjacent to Balsam Avenue,and north of State Highway 263(See Legal Description for precise lose- newspaper duly qualified for publishing legal t1on) notices and advertisements within the meaning of BOARD OF COUNTY COMMISSIONERS the laws of the State of Colorado. WELD COUNTY,COLORADO DATED:September 12,2008 September 19,2008 The Tribune September 19,2008 Total Charges: $24.42 te4)It7t, aid\ Adve ising Clerk Subscribed and sworn to before me this 19th day of September,2008 My Commission Expires 2/14/2011 • Notary Public • CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket#2008-69,was placed in the United States mail,first class mail, postage prepaid, addressed to the following property owners. DATED this 12th day of September, 2008. CIO DARWIN DERR R AND S EQUIPMENT INC DUST AND DIRT EXCAVATING LLC AND JARRETT MCGRAW PO BOX 898 PO BOX 505 GREELEY CO 80632-0898 GREELEY CO 80632 C/O DARVIN DERR KARL AND JEANETTE SNOW BROKEN ARROW INVESTMENTS LLC 503 CHERRY AVE 699 N FIRST AVE GREELEY CO 80631 GREELEY CO 80631 JAMES AND DIANA TAYLOR 695 CHERRY AVE LLC 665 BALSAM AVENUE BASIC ENERGY C/O DMS AND CO GREELEY CO 80631 PO BOX 5677 ABILENE TX 79608 JOHN AND CHARLOTTE CARLSON �/ 340 E "C" ST Elf , 221 GREELEY CO 80631 Deputy Clerk to the Board KARL KOHLHOFF 701 BALSAM AVE GREELEY CO 80631 LOLOFF CONSTRUCTION INC PO BOX 518 KERSEY CO 80644 TAKESHI AND CHICAKO MURATA 29485 CR 43 GREELEY CO 80631 NOFFSINGER MANUFACTURING CO INC PO BOX 1150 GREELEY CO 80632 • VERNIE AND SYLVIA PARKER 211 N BALSAM AVE GREELEY CO 80631 NOTICE OF PUBLIC HEARING • The Weld County Planning Commission will hold a public hearing on Tuesday, August 5, 2008, at 1:30 p.m.for the purpose of considering a Site Specific Development Plan and a Special Review Permit for a Mineral Resource Development facility including open pit mining and material processing in the A(Agricultural)Zone District for the property described below. Approval of the request may create a vested property right pursuant to Colorado Law. CASE NUMBER: USR-1660 APPLICANT: Dust& Dirt Excavating, LLC PLANNER: Michelle Martin LEGAL DESCRIPTION: Pt NE4 Section 4, T5N, R65W of the 6th P.M.,Weld County, Colorado. TYPE AND INTENSITY OF PROPOSED USE: Site Specific Development Plan and a Special Review Permit for a Mineral Resource Development facility including open pit mining and material processing in the A(Agricultural)Zone District. LOCATION: East of and adjacent to Balsam Ave and North of State Highway 263. SIZE: 39 acres, more or less. The public hearing will be held in the Hearing Room, Weld County Planning Department, 918 10'Street, Greeley, • Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning, 4209 CR 24.5, Longmont, Colorado 80504, before the above date or presented at the public hearing on August 5, 2008. ��, ) Copies of the application are available for t- I[ `�� public inspection in the Department of P. N I 9- y��, 1 r Planning Services, 4209 CR 245, ` �L ( Longmont, Colorado 80504. Please call Kris Ranslem at(970)353-6100, Ext. 3540, or Fax#(970)304-6498, prior to the day of the '�h I�g hearing so that reasonable accommodations f can be made if, in accordance with the Americans with Disabilities Act,you require special accommodations in order to participate in this hearing as a result of a disability. All cases scheduled before the Planning Commission for hearing are subject to continuance, due to lack of quorum or otherwise. Contact the Department of Planning Services at(970) 353-6100,ext. 3540,for hearing continuance information. Doug Ochsner, Chair Weld County Planning Commission To be published in the Greeley Tribune. To be published one(1)time by July 11, 2008. • 2008-2465 Affidavit of Publication • STATE OF COLORADO ss. County of Weld, 1, Lorita Seidler of said County of Weld, being duly sworn, say that I am an advertising clerk of NOTICE OF MANX HEARING • The Weld County Pining Com ssionwlwldapwwehear- THE TRIBUNE irig on Tuesdayy,Au 5,2008,at 1:30 p.m.for the purpose of considering a Site.Specific Development Plan and a Spedel Re- view Permit for a Mineral Resource Development facility Includ- ing open pit mining and material procee9lllgIn the A(Aganalur- that the same is a daily newspaper of general circulation and at)Zone District for the properly described below. Approval of req uest may create a vested property right pursuant to Colo- the printed and published in the City of Greeley, in said county and CASE NUMBER:USR-1680 state; that the notice or advertisement, of which the annexed is a APPLICANT:Dust 8 Dirt Excavating,LLC true copy,(days): that the notice was published in the regular and PLANNER:Michelle Martin LEGAL DESCRIPTION:Pt NE4 Section 4,T5N,R65W of the 6th entire issue of every number of said newspaper during the period P.M.,Weld County,Colorado. and time of publication of said notice, and in the newspaper TYPE AND INTENSITY OF PROPOSED USE:Site Specific De- sourceemPlanandaSpeclalReviewpermltforaMineelRe- proper and not in a supplement thereof; that the first publication source Development facility inducing open pit mining and mate- rial processing In the A(Agnculmreq Zone District. of said notice was contained in the,issue of the said newspaper- LOCATION:E 263. SIZE: and adjacent to Balsam Ave and North of bearing date the Eleventh day of State Highw Th 39 acres,aringwll lees. July AD. 2008 and the last publication thereof: in the issue of County Planniublic ng Department, �e918n1�Strreett,Greeeley.Colo- said newspaper bearing date the Eleventh day of • shoouuld besubmittents efd iobjections wnh'ng t ttrelated e weld Cou vDepartmam of July AD. 2008 that said The Tribune has been published Planning,4209 CR 24.5,Longmont,Colorado 80504,before the above date or presented at the public heating on August 5,2008. continuously and uninterruptedly during the period of at least six Copies of the application are available for public inspection in months next prior to the first issue thereof contained said notice the Department of Planning Services,4209 CR 24.5,Longmont, Colorado80504. Please call Kds Randemet(97o)353-8100, or advertisement above referred to; that said newspaper has been Ext.3540,or Fax It(970)304-6498,prior to the day of the hear- ing so that reasonable accommodations can be made if,in ac- admitted to the United States mails as second-class matter under cordance with to Americans with Disabilities Act,you require the provisions of the Act of March 3, 1879, or any amendments special accommodations in order to participate in this hearing as a result of a disability. Ail casesschedeed before the Planning thereof; and that said newspaper is a daily newspaper duly • Commission for hearing are subject to continuance,due to lack of quorum or otherwise. Contact the Department of Planning qualified for publishing legal notices and advertisements within information.Services at(970)353-6100,ext.3540,for hearing continuance the meaning of the laws of the State of Colorado. Doug Ochener,Chair Weld County Planning Commission The Tribune July 11,2008. July 11,2008 Total Charges: $20.46 a art . Q f Cam/ Advertising Clerk 11th day of July 2008 My Commission Expires 2/14/2011 tarty Public • EXHIBIT Z Hello