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Home My WebLink About800721.tiff f-' 1 M i d ci+.' ..L _ F 7cc '-'.....,,,,,-e.,.. e5 a ` N ! �6 a ;ua „ee Es1`�t a"€ s6 V, J _ I ° y% "ia' • ° - 2 e _ <` .a h5 All CF° `o '�� a"; ^, y - - 1- t II 2.5;.� i '` ': 9� 5"r_E § '12. ..• 1y4 boa 4 . iz P SV E� EIS ..`p �`�`�� g;��,il�ES�,=- �8 °A F ;gt..eta"` �4 € 6:y N• yp SpE� Ct!egFo �C��eg R4E4A�' E " .. _. Si .f _ .ate, 1i.E.E. '^ TA-aph �9� w I gY [. °S�" �" ,-_ lout .5 r5— L SC BP f✓' '.6K P,"o- { E�� -i §k. : 8 ;kLIt• qt. ,i' L2=11,:t�.1-e$� ,, -. s 111 e5 "� Tor 13.'ih Sm iIlt ..2, ;o , S,M _ o 6 Y2 PSI 366 if.. �° II =;2 u 86e2R°� eg5 `.fim ,u tr; _F E 8 @6 `t qo� °°` [-1:.-.'111.47';2.4_0'. 'p-�`, 1 --1 oe e & , e`�N§ .y°. i� 5d�5 Y "� Ed ° C�8�44��Y yo5 fi88 a °�° °�t aaa4� €s= _yi ea ER a v9 sd °^ ca° a °et _ # 2i,�ra@$gr$ g�aa,aosbs$s`g,s r ^, I . , .,____4a= 7 - - - -. x.41LI of ;, r .-5, i ) t;-. GI / ' • N _AL � a A 1 J ., oa I ', f e 2 - Li i 1 = G3 int / , • li % I P.,ti - 3 wlv:t : , N, _ r,l 03 P3 ;_ ; - •VC%..t, �6.'' o st000 �£-o3c b S• rl PL Ili 8(o X21 RESOLUTION RE: APPROVAL OF SPECIAL USE PERMIT FOR AN OPEN CUT MINE OPERATION FOR A BORROW PIT FOR THE COLORADO STATE HIGHWAY DEPARTMENT, 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 21st day of May, 1980 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 application of the Colorado State Highway Department, P. O. Box 850, Greeley, Colorado 80632, for a Special Use Permit for an open cut mine operation for a borrow pit on the following described real estate, to-wit: That part of the South Half of Section 19 , Township 8 North, Range 59 West of the 6th Principal Meridian, Weld County, Colo- rado, being more particularly described as follows: Beginning at the Southeast corner of said Section 19 , Township 8 North, Range 59 West, proceed North 87°33 '45" West a dis- tance of 3571. 3 feet to the true point of beginning. Thence North 88°15 ' East a distance of 963 feet; thence North 2°00 ' West a distance of 157 feet; thence South 88°45 ' West a distance of 377 feet; thence North 40°35 ' West a distance of 419 feet; thence South 88°15 ' West a distance of 590 feet; thence South 33°50 '42" East a distance of 301. 9 feet; thence South 76°30 ' West a distance of 305 feet; thence South 1°40 ' East a distance of 169 feet; thence North 88°15 ' East a distance of 406 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 mine operation for a borrow pit on the above described real estate, and WHEREAS, Section 3 . 3 (E) (2) of the Weld County Zoning Resolu- tion authorizes such a use in an Agricultural Zone 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 pre- sent, has studied the request of the petitioner and the recom- mendations of the Weld County Planning Commission and all of the COO 72 1 PL IyS6 exhibits and evidence presented in this matter, and having been fully informed, is satisfied that the request for a Special Use Permit for an open cut mine operation for a borrow pit on the hereinabove described real estate, conforms to the purposes of Section 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 mine operation for a borrow pit on the above described tract of land be, and hereby is, granted subject to the Operation Standards contained in the Special Use Permit and also subject to the conditions as recommended by the Weld County Planning Commission. BE IT FURTHER RESOLVED by the Board that the 'reasons for approval contained in the Planning Commission recommendations dated May 6 , 1980 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 21st day of May, A.D. , 1980. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO (ABSENT) C . W. Kirby, Chairman (ABSENT) eonard L. Roe, Proo-Tem de.egg#-- (Aye) Norman Carlson �2"4,21,1../ (Aye) L unbar frozofej4 ATTEST: ( avvv ne K. St inmark. Torpor 1 ' Chairman Weld County Clerk and Recorder and Clerk to the Boar BY: ` z,7 - / - Deputy Coun Cleric APPROVE T RM: County Attorney DATE PRESENTED: MAY 28 , 1980 BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Date Mav 6, 1980 Case No. SUPS 419:80:9 APPLICATION OF Colorado State Highway Department ADDRESS P. O. Box 85O,_Greeley, CO_ 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 _a_bprrok pit coverinn 11SSIOh the following described property in Weld County, Colored,C06K w�+ ter `, J� l . (see attached) t ��Y 1080 nREELEY. COL w/ Development Standards be recommended (favorably)(mAeoonobay0 to the Board ot 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 borrow pit 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. 3. It is the opinion of the Planning Commission that this proposed operation is in compliance with the provision of Section 3.3E.2. and 6.1(3) of the Weld County Zoning Resolution. These determinations are based in part upon a review of the information submitted Motion seconded by Bob Halleran- Vote: For Passage Bob- Ehrlich _ _- ---- __Against Passage Bob Halleran Bette Kountz _ ^ Fred Otis Don Billings 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. CERTIFICATION OF COPY I, Bobbie Good , P,,, cdin'l Secretary of the Weld County Planning Commission, do hereby certify th l tro above and foregoing Resolution is a true copy of the Resolution of the P1 +nniny Commission of Weld County, Color- ado, adopted on May6i1980 - and recorded in Book No. _vii_ ____ of of the proceedings of the said Planning Commi sion. t i, i the 8th (Joy of May_ ------- - - - 19 80--' !').`r t P- 1 rl r y Planning Commission Recc 'ndation Colorado State Highway Department SUP-419:80:9 Page 2 by the applicant, other relevant information regarding the request and the responses of the referral entities which have reviewed this request. The Planning Commission's 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 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. OC,I AIX) STATE HIGHWAY DEPARTMENT SUP-419:80:9 OPERATIONS STANDARDS 1. The uses permitted on this site shall be the extraction of borrow material as described in the application materials and all other uses permitted by right under Section 3.3B of the Weld County Zoning Resolution. 2. No excavation or processing of materials shall be permitted nearer than 10 ' feet to the boundary of adjacent property, easement 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. 3. All extraction operations shall be conducted during the hours of daylight except in the case of public or private emergency or to make necessary repairs to equilxnent. This restriction shall not apply to operation of administrative and executive offices or repair facilities located on the property. - 4. The Special Use Permit area shall be maintained in such a manner so as to prevent soil erosion, fugitive dust and growth of noxious weeds. The site shall be maintained in such a manner as to present a neat and well kept appearance. 5. 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. 6. Where topsoil is removed, sufficient arable soil shall be set aside, for respreading over the excavated area. 7. 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 pit and the extraction and production of sand and gravel and all activities connected with or incidental thereto. 8. All phases of the borrow pit operation shall comply with all applicable County, State and Federal Health Standards and Regulations and other applicable rules and regulations of governmental bodies having jurisdiction on the premises. 9. No diking or beaming shall be allowed on the Special Use Permit area which would cause damage to adjacent properties or county road right-of-way by alter- ing the historic drainage pattern. 10. The Special Use Permit shall be limited to the plans shown hereon and governed by the Operations Standards stated above and all applicable Weld County Regu- lations. Any material deviations from the plans and/or Operations Standards as shown or stated above shall require the approval of an amendment to the Operations Standards Page 2 Special Use Permit by the Planning Commission and the Board of County Commissioners before such changes fran the plans and/or Operations Standards shall be permitted. Any other changes fran the plans and/or Operations Standards shall be filed in the office of the Department of Planning Services. 11. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Development Standards. Non- compliance with any of the above stated Development Standards may be reason for revocation of the Special Use Permit by the Board of County Commissioners. / VT/dr 5/5/80 7 N _ _ _ _ ; • erlD • s � Minutes of the Weld County Planning Commission May 6, 1980 Page 2 CASE NUMBER: SUP-419:80:9 APPLICANT: Colorado State Highway Department SUBJECT: Request for Borrow Pit Gravel Mining Operation LEGAL DESCRIPTION: Part of Section 19, T8N, R59W-.F.-. LOCATION: 2/ miles north of Buckingham on the east side of Highway 14 APPEARANCE: Joe Intermill, Jr. - This site will be approximately 9.97 acres. This area was chosen for two reasons. (1.) The proximity to their project; and (2.) To get rid of three snow traps they have in that area. Tape 17 - Side 2 Discussion was called for from the audience - There was none. MOTION: It was moved by Bob Ehrlich the Planning Staff's Recommendation and Development Standards be accepted by reference and forwarded to the Board of County Commissioners with recommendation for ap- proval. Bob Halleran seconded the motion. Motion carried unan- imously with Bette Kountz, Fred Otis, Bob Halleran, Don Billings and Bob Ehrlich voting for and none against. CASE NUMBER: CUP-56:80:4 APPLICANT: Union Pacific Railroad Company REQUEST: VHF Radio Tower Site LEGAL DESCRIPTION: Part of the NW., Section 6, T4N, R64W LOCATION: 5 miles east of La Salle APPEARANCE: Mike Ahern, Assistant Director of Communications for the Union Pacific Railroad asked that this request be accepted so they can install a VHF Radio Station at the above location to give them track side coverage between La Salle and Fort Morgan. There will be fence around this compound. The applicants legal department has read the Planning Service's Staff recommendations, and Development Standards and they have taken no acception to these recommendations. Discussion from the audience - none MOTION: Bob Ehrlich moved this request be accepted by reference along with the Planning Department Staff's recommendations and Development Standards and forwarded to the Board of County Commissioners with the Planning Commissions' recommendation for approval. Motion seconded by Bette Kountz. Motion carried unanimously with Bette Kountz, Fred Otis, Bob Halleran, Don Billings and Bob Ehrlich voting for and none against. CASE NUMBER: CUP-57:80:4 APPLICANTS: La Verne and Mary Mueller REQUEST: Permission to build a residence LEGAL; S1/2 S1/2 NIA, Section 15, T1N, R68W LOCATION: 21/2 miles east and z north of Erie. A public hearing was conducted on May 21 , 1980 at 2: 00 P.M. , with the following present: BILL KIRBY CHAIRMAN ABSENT LEONARD . ROE COMMISSIONER ABSENT NORMAN CARLSON COMMISSIONER LYDIA DUNBAR COMMISSIONER JUNE STEINMARK COMMISSIONER Temporary Chairman Also present: . ACTING CLERK TO THE BOARD, KEITHA WHITE ASSISTANT COUNTY ATTORNEY, R. RUSSELL ANSON PLANNING DEPARTMENT REPRESENTATIVE, TOM BONN The following business was transacted: I hereby certify that pursuant to a notice dated April 14, 1980 and duly Publishes? April 17 and May 8, 1980 in the Johnstown Breeze a public hearing was held on the request of the COLORADO STATE HIGHWAY DEPARTMENT FOR A SPECIAL USE PERMIT, OPEN CUT MINE PERMIT, BORROW PIT. Mr. Anson reviewed for the Board the criteria to be used in making a determination on a special use permit request, in accordance with the county zoning resolution. Mr. Bonn read the Planning Commission' s favorable recommendation, conditions and operational standards. Joe Intermill, Jr. , State Highway Dept. representative, was present and elaborated on the site selected for this request. There was no one in opposition to said request present. Commissioner Dunbar made a motion to approve the request with the development standards and the Planning Commission' s recommendations. Commissioner Carlson seconded the motion and it carried unanimously. • I 9 -,K_>42- 7 /2.4 IRMAN OARD OF COUNTY COMMISSIONERS ATTEST: A C + WELD COUNTY A C UN� CL R K ND RECORDER AND CLER TO THE BOARD (6 / D puty County C erk DOCKET # 80-32 TAPE 80-37 LHR ?-°// • Date : May 6, 1980 CASE NUMBER: SUP-419:80:9 NAME: Colorado State Highway Department REQUEST: Borrow Pit LEGAL DESCRIPTION: Pt. Sec. 19, T8N, R58W LOCATION: 22 miles northwest of Buckingham on the north side of Highway 14 THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT 'III'S 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 Comity Extraction Plan states that extraction shall be accommodated in non-irrigated area so long as appropriate extraction standards are followed. 2. It is the opinion of the Department of Planning Services staff that borrow pit 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. 3. It is the opinion of the Department of Planning Services staff 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. • These determinations are based in part upon a review of the information submitted by the applicant, other relevant information regarding the request and the responses of the referral entities which have reviewed this request. 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. CuLuR,ADO STATE HIGHWAY DEPARTMENT SUP-419:80:9 OPERATIONS STANDARDS 1. The uses permitted on this site shall be the extraction of borrow material as described in the application materials and all other uses permitted by right under Section 3.3B of the Weld County Zoning Resolution. 2. No excavation or processing of materials shall be permitted nearer than 10 feet to the boundary of adjacent property, easement 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. 3. All extraction 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. 4. The Special Use Permit area shall be maintained in such a manner so as to prevent soil erosion, fugitive dust and growth of noxious weeds. The site shall be maintained in such a manner as to present a neat and well kept appearance. 5. 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. 6. Where topsoil is removed, sufficient arable soil shall be set aside, for respreading over the excavated area. 7. 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 pit and the extraction and production of sand and gavel and all activities connected with or incidental thereto. 8. All phases of the borrow pit operation shall comply with all applicable County, State and Federal Health Standards and Regulations and other applicable rules and regulations of governmental bodies having jurisdiction on the premises. 9. 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 alter- ing the historic drainage pattern. 10. The Special Use Permit shall be limited to the plans shown hereon and governed by the Operations Standards stated above and all applicable Weld County Regu- lations. Any material deviations from the plans and/or Operations Standards as shown or stated above shall require the approval of an amendment to the Operations Standards Page 2 Special Use Permit by the Planning Commission and the Board of County Commissioners before such changes fran the plans and/or Operations Standards shall be permitted. Any other changes fran the plans and/or Operations Standards shall be filed in the office of the Department of Planning Services. 11. The property owner and/or operator of this operation shall be responsible for camplying with all of the above stated Development Standards. Non- compliance with any of the above stated Development Standards may be reason for revocation of the Special Use Permit by the Board of County Commissioners. VT/dr 5/5/80 DEPARTMENT OF PLANNING SERVICES PHONE (303)356-4000 EXT 404 915 10TH STREET GREELEY,COLORADO 80631 \I.,[I IT j ill D April 7, 1980 7 1 i A 4 COLO ADO Mr. Joe Intermill Colorado State Highway Department P.O. Box 850 Greeley, Colorado 80632 Re: Request for a Special Use Permit for an open cut mine permit on property described as follows: Part of Section 19, T8N, R59W of the 6th PM Weld County, Colorado. Dear Mr. Intermill : Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Planning Commission for Tuesday, May 6, 1980 at 1 :30 p.m. This meeting will take place in the County Commis- sioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th St. Greeley, Colorado. It is recommended that you and/or a representative be in attendance to makeypur on your re- quest and be available to answer any questions the Planning Commission members might have with respect to your application. If you have any questions concerning this matter, please feel free to contact our office. Respectfully, ii ak.i,k, ( -la,4- Vickie Traxler Assistant Zoning Administrator VT:rg N • s''\ ,, ,t Co'r^:t. t,.--, 1 ' rt.1 a AJJ}; .--ddr: tI' f RE Ti.T1. ' -U I, ,. c,res.ru rI , TI.,;.'iollUv'r,t.,stt. .t is rt.iutsttd 01 eL'a co() ')Q(Show 'o w ht,. ,r,d daft dtl Ntred - Show•d Aho .. - ,rd,.,drtc,Lf:cirntIN, may_ _ I ..,-'` -_ - , ir,i[L - RESTRICT}D DI I IV'R7 -- • - ... - Show to ur,,,-, Ina d Itc Lt.:.\trt-d —: r‘ry i=L"I' -' 'ri[L �, . ,_' - RLSTRICTFD DELIVERY (ii R:',BrSej `hov. re w ht (Litt, ,rid„ddrecs t t,t.ts t % C,— -SEN1 TO — --"- (CU'NSI'LT POST MASTER FOR IFESI Joe Intermill ST�FoI'oY�'ado State Hwy Dept 2 ARTICLE ADDRESSED TO P P$0., BQX-.850 Colorado State Highway Department ; `A P.O. Box 850 I Greeley, Colorado 80631 m POSTAGE Greeley, Colorado 80631 i+ m ---- ----- CERT'�-IEDFt= C Z 3 ARTICLE DESCRIPTION q - m l R��'STEREO NO CERTIFIED NO i NSURED NO LL1 RI SF•tCIAI CELr'ERY J c ro PO4 6197307] A RESTPiC E �E�IYERY I} e m (AN.:vs ottain svature of •dd•essee n.',Rent) N r V.1 co m ,./)I '-ii t' recened ' . irt_tle des ribed „Alm( C a SIGNATURE ❑ ,‘.1.1,s,,.c ❑ \.. i.(t. ,It I o J C J� r J n o w til':, Wir.DVE C D• E OF EL VERY T- POSTMARK u SI o m wyr�- I = C 2 5 ADDRESS (Complete only if requested) 1;OTAL POSTAGE AND FE.S $ , I m ' I1'OSTI'.7ARIL OR DATE " 6 UNABLE TO DELIVER BECAUSE CLERK'S I m INITIAL '° D _ 4-7-80 (,P• fl Et-•..7 2-SBI OFC� p o COLOR/-‘3O STATE'DEPARTME " OF HIGHWAYS * * * * DIVISION OF HIGHWAYS * 1 876 July 3, 1980 DOH FILE 42100 Chuck Cunliffe Assistant Zoning Administrator Weld County Zoning Department Weld County Courthouse 915 10th Street Greeley, Colorado 80631 Dear Chuck, We are submitting the mylar copies of the plats for the Hnizdil and Lindsey Pits. We are also submitting twenty dollars ($20.00) , ten dollars ($10.00) for the recording of each mylar. If we can be of further assistance please do not hesitate to contact me. Very truly yours, DWIGHT M. BOWER DISTRICT ENGINEER -6' ,d1=511 ., Joe A. Intermil , Jr. Materials Reconnaissance Engineer JAI:rd cc: D. M. Bower File (2) -t2$Z9;;R?f .L vol ,N gds ,kCc rn N ':,' ° Oc� O 4 .54 !915l l'\\ P.O.P.O. BOX 850 GREELEY, CO 80632 (303) 353-1232 mEmoRAnDum W(111lik To WELD COUNTY COMMISSIONERS Date May 20, 1980 COLORADO From CLERK TO THE BOARD OFFTCF Subject: DOCKETS NO. 80-31 & 32 RE: HEARING - MAY 21, 1980 - 2:00 P.M. COLORADO STATE HIGHWAY DEPARTMENT SPECIAL USE PERMIT Dockets No. 80-31 & 32 These two hearings were published early as requested by the applicant. The list of surrounding property owners and the planning staff's packets were supplied on Tuesday, May 20, 1980. The Clerk to the Board office telephoned all adjacent landowners advising them of the hearing, because of the lack of time for proper mail service. All the landowners had no objections. Respectfully submitted, THE CLERK TO THE BOARD OFFICE Bette M. Foose Secretary �C • C•'^rniss oners AcF4 �o �,f, , ANTHONYSABATINI R+OWENA ROGERS Q `trCs Yd Administrator ',•,'M H CLAIRE ,q O TOMMY NEAL _. .-. 4.1 y J * * THOMAS E.BRETZ Ir 1 ,,_ � rJIIj1 * Minerals Director 1876 * ROBERT L HAPGOOD • AP R 3 1g80 �, BOARD OF LAND COMMISSIONERS Chief Accountant Department of Natural Resources 620 Centennial Building GREELEY, COLO,. 1313 Sherman St., Denver, Colorado 80203 (303) 839-3454 Date April 24, 1980 Board of County Commissioners Weld County Greeley, CO 80631 Permit Re: Sand/Gravel Mining laYeN& No. 219-S Project No. FR 014-2(4) Weld County, Colorado West of Buckingham to Raymer Gentlemen: Sand/Gravel Permit This Board has issued a miximpcbmmse on the lands shown in the attached copy of page 1 of the lease. The surface lessees and/or certificate of purchase holders of these lands are so notified by copy of' this letter and the attached. Before the mineral lessee begins any mining operations, a bond must be furnished to protect the surface lessee or owner from personal property loss and from land damage. Lessee is subject to all state and federal laws, including the rules and regulations as set forth by the Colorado Division of Mines and the State's Mined Land Reclamation Board. The Board requests the full cooperation of all parties concerned; and also asks that this office be notified at your earliest convenience if any problems arise out of this or if you have any questions whatever. Thank you. Sins rel T. E. Bretz Mineral Direc or TEB/mg Att. cc: Mineral Lessee - Colo. Hwy. Dept. Surface Lessees and/or C.P. Holders: State Land Appraiser - Bud Clemons Mined Land Reclamation Board S-34396 Division of Mines Keith Ashbaugh Division of Wildlife Star Route Bureau of Land Management New Raymer, CO 80742 U.S. Forest Service State Archaeologist FR 014-2(4) Ai,OF;co op W. of Buckingham to 90 COLORADO STATE DEPARTMENT OF HIGHWAYS Raymer * * WAYS** * DIVISION OF HIGH 1876 April 11, 1980 DOH FILE 42100 Mr. C. W. Kirby Chairman of the Board of Weld County Commissioners Weld County Courthouse 915 10th Street Greeley, Colorado 80631 Dear Mr. Kirby, We are requesting two Special Use Permits to operate open cut mines in Weld County. They will initially be utilized on our proposed project FR 014-2(4) which is on State Highway 14, West of Buckingham. One of the pits will be utilized as a source of borrow material and is located approximately three miles west of Buckingham and adjacent to S.H. 14. The application for this permit is scheduled to be heard by the Weld County Planning Commission on Tuesday May 6, 1980. The other pit will be a gravel source and is located approximately two and one-half miles south of Buckingham on County Road 115. Tom Honn of the Department of Planning Services staff stated that this application could be heard by the Planning Commission on Tuesday May 20, 1980. In order for us to obtain approval for these pits from the Mined Land Reclamation Board in time to meet our proposed advertising schedule for the project, I am requesting that the Board of Weld County Commissioners place both of the above Special Use Applications on the agenda for their meeting on Wednesday May 21, 1980. I realize that holding the County Commissioners hearing only one day after the Planning Commission hears the gravel pit application will be accelerating your normal procedure. However, I spoke to the clerk to the Board and she stated that if I supplied the legal descriptions, which I will do, P.O. BOX 850 GREELEY, CO 80632 (303) 353-1232 FR 014-2(4) W. of Buckingham to Raymer DOH FILE 42100 Mr. C. W. Kirby April 11, 1980 Page Two by Friday April 11, 1980, the legal requirements for public notice publication could be met. If the commissioners could act on our application requests on the May 21, 1980 date, we could be placed on the agenda for the May meeting of the Mined Land Reclamation Board, assuming there were no objections to our county application and that it was approved by the commissioners. Your cooperation in this matter will be appreciated. If you have any questions concerning this matter please feel free to contact me. Very truly yours, DWIGHT M. BOWER DISTRICT ENGINEER ( II f Joe A. Intermill, r. Materials Reconnaissance Engineer JAI:rd cc: D. M. Bower File (2) FR 014-2(4) oF•c0 o W. of Buckingham to tV!` qo COLORADO STATE DEPARTMENT OF HIGHWAYS Raymer * r 4( N * DIVISION OF HIGHWAYS 1846 April 10, 1980 DOH FILE 42100 Jeannie Orr Clerk to the Board of Commissioners Weld County Courthouse 915 10th Street Greeley, Colorado 80631 Dear Ms. 0rr, Listed below are the legal descriptions you will need for publication of the public notices for the commissioners hearing of our Special Use Permit applications. The State Land - Ashbaugh Pit will be used as a gravel source and , L _ is described as follows: A portion of the N.E. 1/4 N.E. 1/4 Section 16, T. 7 N. , R. 59 W. of the 6th P.M. , Weld County, Colorado. Being more particularly described as follows: Beginning at the N.E. 1/4 of said Section 16 proceed S.2°05'W. a distance of 800.6 feet to the true point of beginning; thence W. 275 feet; thence N. 480 feet; thence W. 560 feet; thence S. 667 feet; thence E. 835 feet; thence N. 187 feet more or less to the true point. The Hnizdil Pit will be used as a borrow source and is described as follows: A portion of the S. 1/2 of Section 19, T. 8 N. , R. 59 W. of the 6th P.M. , Weld County, Colorado. Being more particularly described as follows: beginning at the S.E. corner of said Section 19 proceed N.87°33'45"W. a distance of 3571.3 feet to the true point of beginning; thence N.88°15'E. 963 feet; thence N2°00'W. 157 feet; thence S.88°45'W. 377 feet; thence N.40°35'W. 419 feet; thence S.88°15'W. 590 feet; thence S.33°50'42"E. 301.9 feet; thence S.76°30'W. 305 feet; thence S.1°40'E. 169 feet; thence N.88°15 'E. 406 feet more or less to the true point. If you have any questions please contact me. Thank you for your cooperation in this matter. Very truly yours, DWIGHT M. BOWER DISTRICT ENGINEER U Joe A. Intermirl, Jr. Materials Reconnaissance Engineer JAI:rd cc: D. M. Bower File (2) P.O. BOX 850 GREELEY, CO 80632 (303) 353-1232 Hnizdil Pit f;T� o COLORADO STATE DEPARTMEIN i OF HIGHWAYS * WAYS ** * DIVISION OF HIGH 1876 April 3, 1980 DOH FILE 42100 Chuck Cunliffe Department of Planning Services Weld County Courthouse 915 10th Street Greeley, Colorado 80631 Dear Chuck, I am enclosing a Special Use Application for a permit to operate a borrow pit. I have attached to the application a copy of our option with the owner to buy the borrow material. Also enclosed are 12 copies of our mining plan and 12 maps. If you have any questions concerning the application or our mining plan please feel free to contact me. Very truly yours, DWIGHT M. BOWER DISTRICT ENGINEER 6)- Joe A. Interm i , Jr. Materials Reconnaissance Engineer JAI:rd Enclosure cc: D. M. Bower File (2) P.O. BOX 850 GREELEY, CO 80632 (303) 353-1232 CASE SUMMARY SHEET Case Number : SUP-419: 80 : 9 P. C. Hearing Date : May 6, 1980 Applicant : Colo. State Hwy. Dept . Property Owner : Paul & Shirley Hnizdil Size of Parcel: 9. 97 acres Staff Member to Contact : Vickie Traxler Legal Description: Pt . Sec. 19, T8N, R59W Location: 2z miles northwest of Buckingham on the north side of State Highway 14 Existing Zoniiag: Agricultural Request : Borrow Pit Possible Issues Summarized from Application Materials: FIELD CHECK FILING NUMBER: SUP - 419 DATE OF INSPECTION: April 28, 1980 NAME: Colorado State Highway Department REQUEST: Open Cut Mining Permit LEGAL DESCRIPTION: Part of Section 19, T8N, R59W LAND USE : N Agricultural E Agricultural S Agricultural W Agricultural _ ZONING: N Agricultural LOCATION: 2/ miles northwest of E Agricultural Buckingham S Agricultural W Agricultural COMMENTS: Property is vacant grass and range land. Does not appear to be any residences within a mile from the property. Access will be to State Highway 14. Drainage appears to be to the west and north. Surrounding area is slightly rolling range land. rig BY: fJ/ _ 4/30/80 NOTICE , • 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. 80-32 Colorado State Highway Department Joe A. Intermill, Jr. P.O. Box 850 Greeley, Colorado 80632 DATE: May 21, 1980 TIME: 2: 00 P.M. REQUEST: Special Use Permit _ Open cut mine permit, borrow pit LEGAL DESCRIPTION A portion of the S2 of Section 19, T8N, R59W of the 6th P.M. , Weld County, Colorado. Being more particularly described as follows: Beginning at the SE corner of said Section 19 proceed N87°33 ' 45"W a distance of 3571. 3 feet to the true point of beginning; thence 1488°15 'E 963 feet; thence N2°00 'W 157 feet; thence S88°45 'W 377 feet; thence N40°35 'W 419 feet; thence S88°15 'W 590 feet; thence S33°50 ' 42"E 301. 9 feet; thence S76°30 'W 305 feet; thence Sl°40 'E 169 feet; thence N88°15 'E 406 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, Deputy DATED: April 14, 1980 PUBLISHED: April 17, 1980 and May 8, 1980 in the Johnstown Breeze I AFFIDAVIT OF PUBLICATION THE JOHNSTOWN BREEZE STATE OF COLORADO ) ss. PUBLIC NOTICE COUNTY OF WELD NOTICE I, Eugene Thomas, do solemnly swear Pursuant to the zoning laws of that I am publisher of The Johnstown the State of Colorado and the Breeze; that the same is a weekly Weld County Zoning Resolution, newspaper printed,in whole or in and a public hearing will be held in. part the Chambers of the Board of published in the County of Weld, State of County Commissioners of Weld County, Colorado, Weld County Colorado, and has a general circulation I Centennial Center, 015 10th therein; that said newspaper has been Street,Greeley,Colorado,at the time specified All persons m published continuously and uninterrupted- any manner interested in the Special Use Permit are re- ly in said County of Weld for a period of quested to attend and may be more than fifty-two consecutive weeks heard BE IT ALSO KNOWN that the 4 prior to the firsi.publication of the annexed text and maps so certified by the - legal notice or advertisement; that said Weld County Planning Commis- newspaper has been admitted to the sion may be examined in the office of the Clerk to the Board I United States mails as second-class matter lof ocated Commissioners, Weld County ocat d in the under the provisions of the Act of March 3, Centennial Center, 915 10th 1 Street, Third Floor, Greeley, 1879,or any amendments thereof,and that Colorado. said newspaper is a weekly newspaper APPLICANT '� duly qualified for publishing legal notices eolorado S DteeHighway ,,f,• e, `, and advertisements within the meaning of c•o Joe A Intermill, 850 \ / P r , - the laws of the State of Colorado. Greeley,Colorado 80632 That the annexed legal notice or DOCKET NO 80-32 '' advertisement was published in the DATE May 21,1980 `� regular and entire issue of every number of TIIt1EMaY21 M ; l said weekly newspaper for the period of REQUEST•Special Use Permit, ...2.....consecative insertions; and that the Open cut mine permit, borrow first publication of said notice was in the Pa LEGAL DESCRIPTION issue of said newspaper dated...,f— /� A portion of the S%of Section 19, TBN, R59W of the 6th P.M, A.D. 19 RO , and that the last publication Weld County Colorado Being of said notice was in the issue of said more particularly described as follows Beginning at the SE corner of said Secti of 3571 on 19 proceed newspaper dated.. ?a4 ...8 ,A.D. 19 Q0 N87 degrees 33'45"W a distance .3feet to the true,point of In witness whereof I have hereunto set beginning, thence N88 degrees 15`E 963 feet,thence N2 degrees 00' W 157 feet, thence SSs my hand this... da of °cy/ degrees 45' W 377 feet, thence y N40 degrees 35' W 419 feet; thence S88 degrees 15' W 590 A.D. 19....sa.... feet, thence s33 degrees 50' 42" E 301 9 feet, thence S76 degrees W 30'W 305 feet, thence Si degree fil,2-, C- `jiri'l 40' E 169 feet, thence -N8S degrees 15' E 406 feet more or less to the true point Publisher THE BOARD OF COUNTY COMMISSIONERS Subscribed and sworn to before me a WELDCLOORO AD CO Notary Public in and for the County of BY MARY ANN FEUERSTEIN Weld,State of Colorado, this..L..9/..4-. . . day COUNTY CLERK AND RECORDER AND CLERK of . . . A D. 19 9'Q TO THE BOARD BY Keitha White,Deputy ../20,0 — DATED* April 14, 1980 PUBLISHED April17,1980 and Notary Public May 8, 1980 in the Johnstown Breeze / �� Co Legal 80 - 32 - Clerk to Bd My commission expires. a�." I 7 L "f , '1 ♦I\ k )I . :1 ' I ,1 1 I FLOW iii i.ET a 11 4 tomI APPLICANT: Celix)rti&D Sect y, L CASE -# M f�- -9_ REQUEST: C) ! LEGAL: S .. e - ®9 er Iiz V�IY LOCATION: ".4)12. 1 �� ND 1r ��Vt _ ..V. -' V1 )X Std sk-cizkA DATE I BY Application Received 9® in zgAii # - Application Fee - Receiptl \ Ill `J,-rZSlaD ea.Q Recording Fee ilc 1 ® .00 (9.,, 113 @AC, Application Complete '"i5 t\rr. ' ' P.C. Hearing Date: 9 6114,6° k 4 " \1' Letter to Applicant Drafted 4 ® \A . Referrals Listed - - 4 -.4-TO VT- l.(11/ Field Check by D.P.S. Staff File Assembled 4--53 -Se- .A.1 Referrals Mailed L} 9-VO Chaindexed e,, -I - 8 O . Notification of Applicant , * 5c) Surrounding Property Owners Researched ftpi2( (. . C't Kb Airphoto/Vicinity Map Preapred ��pl k l `i ICI) Property Owners Notifired by: c)1-01 dih56V9 L/ - /O -8b OW Agendas Mailed by: sf 1 t I a I !, 7` --gb oe,' v Legal Approved by County Attorney Lt L{ -"\-- e m Referrals - Complete Preliminary D.P.S. Staff Comments S- [ -%O 1'1- r Staff Conference :).-1 - %O VC _ D.P.S. Comments -\ qtr, V\ P.C. Hearing Action': - o o() P.C. Resolution b- -(?' .--- �� - Case Sent to Clerk to Board •\� 77a- _ ,z'? VW C.C. Hearing C --1\-- b) Action : C` 1 k)4 C -21 ` %° • '4\. \4;x'1, C.C. Resolution Received \ 3 ' .'l@—c0 ki 1 History Card Complete C.C. Resolution Sent to Drafting sEp 8 `SED _ Drafted on Mylar 44 A Document Sent to Clerk and Recorder SEP VW P.C. Minutes N)c) V\ I\ ' ' ' . 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: c Applicant: PC Hearing Date: CC Hearing Date: Section: 19 Township: North, Range: ;� Q West Zoning District: - Acreage Involved: Permit Fee: e, 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 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 Borrow Pit (gravel , coal , borrow pit, etc. ) mining operation for the following described unincor- porated area of Weld County: LEGAL DESCRIPTION: Beginning at the S.E. corner of Section 19, T. 8 N. , . R. 59 W. of the 6th Principal Meridian, proceed N.87°33'45"W. a distance of 3571.3 feet to the true point of beginning: thence N.88°15'E. 963 feet; thence N.2°00'W. 157 feet; thence S.88°45'W. 377 feet; thence N.40°35'W. 419 feet; thence S.88°15'W. 590 feet; thence S.33°50'42"E. 301.9 feet; thence S.76`'30'W. 305 feet; thence S.1°40'E. 169 feet; thence N.88°15'E. 406 feet - more or less to the true point. TOTAL ACREAGE: 9.97 2. Surface owner(s) of area of land described 42257 Weld Co. Rd. 113 Name: Paul and Shirley HnizdilAddress: New Raymer,CO Phone: 437-5329 Name: Address: 80742 Phone: 3. Owner(s) of mineral rights to substance to be mined Name: Same as above Address: Phone: Name: Address: Phone: 4. Source of applicants Legal Right to enter and to mine on the land de- scribed: Option to Buy Material (Attach Certified Copy of any Document noted to the Back of This Form) • K 1 • } 5. Address of applicant and general office Applicants address: 1420 2nd Street Greeley, CO Phone: 353-1232 General Office address: 4340 E. Louisiana Denver, CO Phone: 757-9224 6. Identify any prior permits for open cut mining held by applicant or affiliated person: Shipps, Peterson, Baumgartner, Eichner, Simpson, Wilson, State Land, Brown 7. Description of Operation a. Types and number of operating and processing equipment to be employed: See attached copy of mining plan b. Maximum number of employees: unknown , and number of shifts: unknown c. Number of stages to be worked: 1 , and periods of time each is to be worked: Entire operation should be completed in three to four months. d. Thickness of mineral deposit: feet, and thickness of the over- burden: There will be no hole left as a result of this excavation. It is a land leveling type operation where soil is removed from a hill and utilized as e. This will be adry pit operation borrow material. 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): None 8. Description of Rehabilitation a. Proposed rehabilitation land use(s): Not required b. Source of technical advice for reclamation: Not required c. Explanation of Reclamation Process: Not required 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 correct to the best of my knowledge. COUNTY OF j.�G z,o STATE OF a(r3A0.,.00 Signature: Owner/Authorized Agent Subscribed and sworn to before me this day of //,.. z, 19 67)0 Q. NOT Y PUBLIC SEAL My Commission expires Slre7 S' X9 88 REFERRAL LIST o A_2PLI L—T Colorado State Highway Department H CASE # SUP-419:80;9 REFERRALS SENT OUT ON: April 9, 1980 coREFERRALS TO BE RECEIVED BY: April 25, 1980 ►1 pi cc-. H Z U 0 0 W I . PI h F. Cr? Cn o c.) fZ Lo ti REFERRALS RECEIVED ,,n . 1 .County Attorney 2. County Health 4. ' :;3. County Engineer ` , 4. West Greeley Soil Conservation Service 4302 West 9th St. Rd. Greeley, Colorado 80631 5. State Fish and Game 6060 Broadway Denver, Colorado 80216 6. Colorado Geological Survey 1313 Sherman Street Room 703 Denver, Colorado 80203 7. Planning Commission Member Irma White Box 343 Ault, Colorado 80610 • • ‘y • --1 _,L)\ # eArie DEPARTMENT OF PLANNING SERVIC PHONE (303)356-4000 EXT 915 10TH STR • , (SAO it „,��-/ i, GREELEY,COLORADO 8C .__11- 1 . [1:1 [) go '`' APB 1"80 CASE NUMBER SUP-419-80-9 �� RECEIVED COLORADO �� Pinning Cornissro ;:, REFS is c`6-t,"-I_CJC JG�1 �v�f i TO WHOM IT MAY CONCERN: Enclosed is an application from Colorado State Highway Department for an open cut mine permit fora barrow pit . The parcel of land is described as Part of Section 19, T8N, R59W, of the 6th PM,'Weld County, Colorado . The location of the parcel of land for which this application has been submitted is 2 1/2 miles Northwest of Buckingham on the North side of State Highway 14 . This application is submitted to your office for review and recommenda- tions. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facili- tate the processing of the proposal and will ensure prompt considera- tion of your recouuuendations. If a response from your office is not received within 21 days of mailing from our office, it may be in- terpreted to mean approval by your office. If you are unable to respond within 21 days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by April 9, 19Rf1 so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in this matter. 1. We have reviewed the proposal and find no conflicts with our interests. 2. A formal recommendation is under consideration and will be submitted to you prior .to . 3 . Please refer to the enclosed letter. Signed ,/w.— Agency (A)C...4". Date t f 4p ab Assistant Zoning Administrator 0 STATE OF COLORADO NIC'HARf) D. i Gvr•inni DEPARTMENT OF NATURAL RESOURCES �.7• Harris D Sherman. Executive Director . y MINED LAND RECLAMATION 723 Centennial Building, 1313 Sherman Street — -- _ Denver,Colorado 80203 Tel. (303) 839-3567 Hamlet J. Barry, III, Director MEMORANDUM • DATE: /i /o) ) n ro TO: GIJ �� /5' /d --"e4" , ��e 7 �'off. FROi�IG�/� e /� Pursuant to the requirement of the Colorado Mined Land Reclamation Act* to inform counties and certain municipalities of Development and Extraction Permit applications filed with this office, please know that ��, • has filed to conduct s mining s z �� i9i T5.ei sy '_ ' - -O The a plicant proposes to reclaim the site for . The deadline for persons to file statements regarding t 'sto ration, or to petition for a hearing before the Mined Land Reclamati Board to consider the granting of a Permit is set by law; for information please call this office. The applicant is obligated to show that the proposed mining and reclamation plans are in conformance with local zoning ordinances, subdivision regula- tions, or master plan, and is further required to place a copy of the appli- cation for public inspection with the Clerk of the county in which the proposed mine is situated. It is the Board's understanding that the Act intends for the application to be made available for public review and comment in an area close to the mine; it is not intended that it be made a part of public record by recording. The Boar is tentatively scheduled to consider this application on 7fri - zy Nule2 We appreciate your cooperation in this matter and will be happy to answer any questions. ��C cp *Article 32 of Title 34, Colorado Revised Statutes 1973, as amended. f r 1 D Vim. of.o Ol DEPARTMENT OF PLANNING SERVIC PHONE (303)356-4000 EXT r 915 10TH STR O e-•9 GREELEY,COLORADO 8C 16] II ps,R RECT #` �� "� \�' CASE NUMBER SUP-419-80-9 0 COLORADO REFERRAL TO WHOM IT MAY CONCERN: Enclosed is an application from Colorado State Highway Department for an open cut mine permit for a barrow pit The parcel of land is described as Part of Section 19, T8N, R59W, of the 6th PP1,Wel d County, Colorado The location of the parcel of land for which this application has been submitted is 2 1/2 miles Northwest of Buckingham on the North side of State Highway 14 This application is submitted to your office for review and recommenda- tions. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facili- tate the processing of the proposal and will ensure prompt considera- tion of your recouuuendations. If a response from your office is not received within 21 days of mailing from our office, it may be in- terpreted to mean approval by your office. If you are unable to respond within 21 days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by Apri 1 19RO so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in this matter. 1. We have reviewed the proposal and find no conflicts with our interests. 2. A formal recommendation is under consideration and will be submitted to you prior "to 3 . Please refer to the enclosed letter. Signed Agency 1tLeir lC A Date if/i1-go Assistant Zoning A inistrator 0 ,,%. United States Soil 4 ' Department of Conservation 44.24% Agriculture Service 4302 W. 9th St. Road, Greeley, CO. 80631 April 14, 1980 Milton Baumgartner, Preside -4( West Greeley Soil Conserva ion Di trict P. 0. Box 86 Greeley, Colorado 80632 I have reviewed the application from the Colorado State Highway Department for an Open Cut Mine Permit for a barrow pit, to be located in Section 19, Twp. 8N, Range 59W, 22 miles northwest of Buckingham on the north side of state highway 14. We previously provided the state highway department with a soil inventory, site vegetative inventory and reclamation recommendations for the site. Although the reclamation plan was not part of the referral, I assume the information we provided is part of the reclamation plan. Attached is a copy of the material we provided to the State Highway Dept. I see no reason for any further comments. • rely, Ronald D. Miller District Conservationist Greeley Field Office RDM:jb xc: Weld County Planning Commission U - - - . . - _ -- -._... .-- 4 a Form 236-3 SETTLEMENT OPTION -' , Sept '69 (Check one) Paragraph 5-A Paragraph. 5-B WE'VE MOVED I to STATE OF COLORADO 620 Centennial Bldg, State Board of Land Commissioners 1313 Sherman St, Department of Natural Resources Denver, Colorado 80203 1845 Sherman S t. Room 201 Denver, Colorado 80203 PERMIT FOR REMOVAL OF ROAD OR CONSTRUCTION MATERIAL FROM STATE LAND • • Permit No. 219-S Project No. FR 014-2(4) 80065 i • West of Buckingham to Raymer i THIS AGREEMENT, Made this 7th day of April , 19 80 , by and between the STATE OF COLORADO, acting through its State Board of'Land 1 Commissioners (hereinafter referred to as "Owner") , and Colorado Department of Highways , (hereinafter referred to as "Purchaser-"): • 1 P.O. Box 850 Greeley, Colorado 80632 W .I T N E S "S E T H That the Owner, for and in consideration of the sum of Fifty and No/100 - Dollars ($ 50.09 , and the covenants and agreements hereinafter mentioned, to be kept and performed by the Purchaser, hereby grants to the Purchaser the right from the date of this Agreement and until the 7th day of April , 19 85 , to purchase and remove gravel and borrow from the following described premises situated in Weld County, Colorado: SUBDIVISION SECTION 'TOWNSHIP RANGE NE/4 16 7 North 59 West ' It is mutually agreed as follows: - 1) 'At!the expiration of the aforesaid limited time, this Permit will become null and void, unless extended by the mutual agreement of both Owner and __ .Purchaser. If extended, the new expiration date is to be entered on the back of this Permit. 2) Purchaser..will have the right to enter the subject premises and erect any temporary structures and employ any reasonable methods for removal of the material. •3) Material to be removed at the rate set-out below: • . - gravel' and borrow at a price of $ 0.30 per ton " II at a price of $ 0.405 per cubic yard 4). .The Owner reserves the right to lease or sell the land, to issue other permits upon it, and to grant rights-of-way upon all or any part of said premises at any time for any purpose, and Owner may cancel this Permit at any time for any reason by giving Purchaser 30 days' written notice. 5) Settlement Option -- Purchaser agrees to report production on forms furnished by Owner, accompanying such forms with full payment for all material removed. Settlement is to be made by one of the following methods which is to be binding during the entire term of this Permit: A. Quarterly Settlement The quantity of material removed from the aforementioned premises -1- f. STATE OF COLORADO . DLPARTIIENT OF HIGHWAYS IDENTIFICATION . DIVISION OF HIGHWAYS Hnizdil Pit DOH Form No. 788 Revised: February, 1979 OPTION TO BUY MATERIAL THIS AGREEMENT is made and entered into this 27th day of February , 1980 , by and between Paul and Shirley Hnizdil (Contract Vendees) whose mailing address is: 42257 Weld County Road 113, New Raymer, Colorado 80742 , George A. Doll Trust (Title Holder and Contract Vendor) and the STATE DEPARTMENT OF HIGHWAYS - DIVISION OF HIGHWAYS - STATE OF COLORADO, hereinafter referred to as the Department. WITNESS THAT: The owner(s) for the consideration of one dollar, receipt of which is hereby acknowledged, does hereby grant to the Department an exclusive right and option from the date of this agreement until the 30th day of December , 1980 , at 12:00 noon, to purchase, process, produce, and remove such materials located on land described as follows: a portion of that portion of the South 1/2 of Section 19. Township 8 North, Range 59 West, lying southwesterly of Weld County Road 390. • If a contract has been awarded and the subject material is being used or is to be used, the expiration date of this Option will automatically extend until the work is completed for that particular project. In the event the Department desires to purchase any material located on the above described land, the Owner will be paid a royalty fee at the following rate: (a) Borrow at Fifteen cents (15 0) per cubic yard (b) at ( 0) per (e) at ( 0) per The Department shall have the right of ingress and egress to and from the subject premises and to erect any temporary structures, such as screening, crushing, and/or asphalt plants; to stockpile materials in an area of sufficient size; and to employ any reasonable methods for the removal of said material. Colorado Mined Land Reclamation Rules _ and Regulations will apply. This agreement and any State, County, or Municipal Permits obtained by the Department are for the removal of material for use on Department projects and maintenance only. It is understood and agreed that, upon the award of a contract by the Department to a contractor for the construction, improvement, and/or maintenance of highways, the Department may assign to the contractor all its right, title, and interest under this instrument, insofar as the same shall be applicable to Department projects let to the Contractor, who may reassign such option to subcontractors working on said projects. If the option is exercised by the contractor or any subcontractors, said contractor or subcontractor shall have a right to extract all material needed for the projects covered by the contract a::arded by the Department. subject to all terms of the Option. Page 1 of 3 , (_,,,;I loin ',o. /EL .. PIT IDENTIFICATION iizdil Pit SPECIAL CONDITIONS: 1. A 4-wire barb wire fence is to be constructed on the east, west, and north boundaries of the borrow pit area. This fence will connect to the Right of Way fence at the southeast and southwest corner of the borrow area. It is to be constructed prior to the start of any excavation operations in the borrow pit. This fenced in' area will be referred to as the affected area. The fence will be left in place and become the property of the owner. 2. A wire gate will be constructed in the fence at a location designated by the owner. 3. The existing R.O.W. fence along the south boundary of the affected area may be removed during excavation operations, but it is to be replaced along the R.O.W. line after completion of excavation and seeding operations in the affected area. 4. All operations relating to the affected area will be confined to the fenced area; and no further encroachments onto the owners property will be allowed. 5. The top six to eight inches of soil in the area to be excavated will be stripped and stockpiled for later use in reclamation of the area. 6. The borrow operation will be conducted in such a manner that no large humps or depressions will be created within the area that is excavated. 7. All backslopes created by this excavation will be left no steeper than 4:1. 8. At the completion of the borrow operation, the bottom and backslopes of the excavated area will be ripped to a depth of approximately six inches. Any other areas of the affected area which had vegetation • destroyed due to stockpiling activities, hauling operations, or other borrow operation related activities, will also be ripped to the approximate depth of six inches. 9. The stockpiled top six to eight inches of soil will then be spread uniformly over the bottom and backslopes of the excavated area. 10. The area where the stockpiled soil was spread, and those additional portions of the affected area that were ripped, will then be seeded, fertilized, and mulched. if. -9-2-/e- edE G 4--.S pa, . -7?.,y,e e_7 —P.9% E•✓i.S' -t c e 6 o i 'Po ...1 441/07-6- /A G E. ,-t a / 6 ' G.1/G (-- 3'6 /"/A.0C .ei .,',.1LC 7° P,o J L SA/i if 6 E ,�6.V i 2 b/J /J-Z -7-/6- a6 b�G 6, ,0• )) 6LL 'Pus i " In A; ajd Pace 2 of 3 0, : ' L - ' . . r 1 I 1L \r1r 11NI1u,\ Hnizdil Pit s The owner hereby warrants Ludt he has good title to the above described premises, 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. . STATE DEPARTMENT OF HIGHWAYS DIVISION OF HIGHWAYS • STATE OF COLORADO OWNER(S) (Si natur Leo N. O'Connor By 2 ' Y i.. 42,Y (Type Name) (Signat2ire) District Materials Engineer Paul Hnizdil (Title) (Type Name) •�r■- Dol Trust T tl: ' • ►•- nd Contract Vendor By h I r C t ► l (* BY__. u; qa �1�►,-v-� ■n_Lure) nature) on Earl W. Haffke Shirley Hnizdil (Type Name) (Type Name) 230 Main. Ft. Moroan, CO 80701 (Address) STATE OF COLORADO . ) ) ss. County of l-L/E.c.12 ) The foregoing instrument was acknowledged before me this 1,./o day of//4c'c!l 19 ,90 , by .45-6, AL 0'C,.o.J,✓o e , and and v,c v 5,h fit_El Witness my hand and official seal. My commission expires 5EPT- S , 195' . Notary Public 6 DISTRIBUTION: Original - Dist. Matls. Engr. (For Recording) 1 - Each Owner 1 - District Enoineer 1 - Desion Engineer 2 - Dist. Co^:st. Er.cr. 1 - Dist. -,int. - f' __-it. Pits' 1 - Each of • Drtca:Ee Dec Face 3 of 3 DEPARTMENT OF PLANNING SE2V,CES PHONE (303)3564000 EXT 404 915 10TH STREET GREELEY,COLORADO 60631 y � • COLORADO 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 State Highway Department for a Borrow Pit on property described as follows : Pt . Sec. 19, T8N, R59W The location of the parcel of land for which this application has been submitted is : 2A miles northwest of Buckingham on the north . side of State Highway 14 If you have any suggestions or objections , will you kindly notify us in writing before April 28, 1980 . The meeting by the Weld County Planning Commission is scheduled for May 6, 1980 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. CIQ r �� Assistant Zoning Administrator CC: sap - 9/13/78 O Surrounding P•rop•e•rty Owners C B & Q Railroad Co. c/o H. A. Knudsen 176 E. 5th Street 1120 B.N. Building St. Paul, MN 55101 Buckingham Corporation c/o B. D. Dale Deford 12977 Hillcrest Dr. , Villis Hts. Longmont , CO 80501 X coeolito.do y2� CJ It/(�,� / ?L L Yom'CL 4/9 - -59 C'5 3</_ /9 nCzr - -0/V - /'`47&, /5103 eve) PLC'art 2 �11 t C� J e Lit -,', C icy. eov o N _ KY'3 L �� Cu3 39 - /9 -- C/&_, /-Q - - -76 / .i2. ( L�f� . L£'I laq:LI l -1.c)¢ C�5�' -- /9 - c)/;-‘ Ciekc� v '' C?��E Cc^ /411 , �yLc cLJC./2 11aC) Cc Cc(j :551cI X539— /9 9 C)4, 'J — 3/ — �t'�' /5-77-C 5 2 LL'jD ke_1C,1 X'L4 /a. n, facicp_a _ /Q9 )cLLLCcii at CL L.Co. {4ta Co 6.1n5- / 06-39-- 19 — - c3/(3. ALL C''. ))9 -'(` - C')/.'R cc''/.'< c f „ ( C - ( c/1i kJi y7") ) (l ( ` A/,' lr �' t A: INJ )( Y)t - )C) J HNIZDIL PIT - WELD COUNTY EXHIBIT B: MINING PLAN We presently plan to award a contract for roadwork in this area in the summer of 1980. At that time material from this pit will be made available for the contractors use. Our present intent is that this pit will be utilized for only one project. However, it is possible that it could be utilized for future projects. In any event the operations will all be of relatively short durations with the affected area being utilized for less than 180 days per year. The affected area is adjacent to S.H. 14 on one side with the owner of the affected area owning the balance of the immediately adjacent property. Access from the affected area will be directly onto Highway ,14 right-of-way. We intend to remove soil from the area and utilize it as borrow material in our highway construction. There will be no plant for processing the borrow and since the only stockpiles will be the stripped top six to eight inches of soil, we have not designated any specific portion of the affected area for stockpiling. While the Department has outlined and specified general requirements pertaining to the removal of borrow, those doing the excavation will be given latitude as to the sequence of operations, methods, and equipment used. The following is a general outline of the mining operation: A) A barb wire fence will be constructed to separate the affected area from the adjacent grazing land. B) The top six to eight inches of overburden in the areas to be excavated will be stripped and stockpiled. C) The borrow material will then be removed. State Highway 14 cuts through the hill where our proposed borrow area is located. The area is north of the highway, and cut sections of this type tend to create snow traps and cause drifting across the roadway. We intend to start excavating at our R.O.W. line and work back into the hill, lowering it to an elevation below our adjacent roadway. This will alleviate the drifting problem. No pit or hole will be created as the highway will be south of the excavation, and we k • HNIZDIL PIT - WELD COUNTY EXHIBIT B: MINING PLAN "CONTINUED" will be able to blend smoothly into the adjacent ground on the east and west. D) The site will then be reclaimed in accordance with the attached reclamation plan. E) The following types of equipment could possibly be used in the permitted area: earth moving scrapers, dozers, front end loaders, trucks, motor graders, farm type tractors, seed drills, mulchers, and fertilizer spreaders. We estimate that the operation in the borrow pit should be completed within two or three months. HNIZDIL PIT - WELD COUNTY SOILS INFORMATION The Soil Conservation Service Soils Map of the affected area shows that it contains an Olney fine sandy loam soil. This is a well drained soil with moderate permeability and high available water capacity. Runoff is slow to medium with slight hazard of water erosion and soil blowing. A T "' E N D A N C E R E C O R APPLICANT : COLORADO STATE HIGLivvrlY DEPARTMENT TIME : 2:0G r.M. DOCKET# 80-32 • • DATE : REQUEST :MAY 21, 1980 Q SUP - Open Cut Mine Permit NAME ADDRESS l 7 i • I RECEIPT WELD COUNTY, COLORADO PLANNING COMMISSION GREELEY, COLORADO 80631 DATE 6 19,6 RECEIPT O 1, 1 7 1 L. RECEIVED FR .,Q/0(1L 0/Yl ACC'Tno. I NO. TYPE FEE 01804508 COZ&SUB 01804508 REC. EXEMP 018045080&CUP / /�7o 00 01804508 ZPMH 01804508 VARIANCE 01804508 SIGN PERMIT 01804512 PROJECT FUNDS 01804552 MISC. BOOKS 01804552 MAPS&PRINTING 01804552 POST.& HAND. CASH CHECK El M.O. Do BY TOTAL CUSTOML-E", COPY STATE OF COLORADO PAYEE DEPP TENT OF HIGHWAYS NAME MO DAY YEAR WARRANT NO I ji!�1(liCk Pail DATE !It Li) C'+lY PLn; iI , :; i;l I , itl 14 1 ,; .31) 1 !i!-7u ir, ATE t- ,1:U '1 !Inllr i�ll� ti �' � i� 1 l PEWIT FEE r)Q/6f FQ 014-p (4) i 111. 00 .O4, l /ti „ cl(: DETACH THIS STUB& RETAIN FOR YOUR RECORDS Hello