The URL can be used to link to this page

Browse Search

Home My WebLink About840315.tiff 3279 iin ..,,". .,..,.M,....It.....,....A,.iet.....,.erg II,t 6,6 l __,_....._. ��J ;: Ste.); /lea i ...,_.,.. i..._,\ I • ,,,, ,,.. N wasr.m nJ)II I I. .� :-.4, .. �. \1 --------`----41 omu.T.�.f ; _�..Ta... ..:� Yr •R. = \Il / I NORTH RI SOUTH 4 y l\ ------.------t9\, ) Q — _ - UR0.EIM)PTNRS. N Ia MRCLE OA) / r,.... e'rf . i Illl y ,, \,1; �% , ' f I % I" �6• a4 -,— ak\ I It r Ci I I. /Ea µemosz6000me \ / PART OF •-_ fil t `;`\� SEC.21,7.7,R.65W. USR-637:84.33 .m cairn Ra nu EXTRACTION PLAN MAP MR=OA)au+mEnwn. r• �•• WRAWV6 PIT ...I.P.. 0 Ina)PIC 019/2024 alit ll/14 53,10 030.00 3/003 F 1101 MRY MN FNIP5TEIR 000(1 a 2111(11.0 0110 CO.CO PPF➢ASSOn... f C1�11�M1 ..ssrWlp 0.5.5.-611114.11 1. 1b.*.4 p•n101ed on 1414 4.•eethed parcel shell M the• of tar&sod 4••••1..ds•c.10.d la 004 application most./•o•file slob e1.0.pe 0aet of 11..141,.1.rv10.., 1. St..pen-col.• Suttee..I operation 4,11 comply.1.6 SttSuttee44 4 p.raim y Fo1fc1aa. •iol*t1cas of thou. 010611.1• .6.11 he 5scum•s for r.,0.... .(of Section 64.5.1.eull.010e of rani.. ). Moo the appllu0l op.cu.• out of the p11 .04 trial 10.0110/b thea pplicmt s.se. of tan(IC)tract.per day.06.0141 Taste k• fen.ch.plc 1•9414 County Atom.,41..a6 Maw catch If 0.le..0,...n fl.hol I.It 44utb to 1.16 County road I-. 4, If acct haul...by lb.applaact is in...coo.of 144(I0)t.u.k.par day aloe applicant.boll•01.11 sad h....pprw.4•du..•Meea0l pro.rr to the 0.p.rtmaaat of/1.00101 5arulct.. 3. All o told d•.crlbrd p.rc.1.lull be le.mfet..et.0116 the Wald Comity Flood Hazard 1..ol.tlms(.clad4n11 4. 510 fill. bora.or .tockpl1.. .Lll be placed la ohs on.dated U00)year 11mlpl.1.which would.0.70.00 1••441*of(trod flu.; *04 I. all foal ask.. antic [ 104011. tuparary I.11dawll.11.a any ether 0.5..40.. .4 . Ito. that .15hc gush *0.y 4..104 014od105 shall I• al( n ..a06od and*6.5ut.ty flan.,-p.a .4 • 1.a .. (.d to . •0100 of .ltb board. Fallowing .plat/.• at .1.1.1, all*vlyay.,. O.1141.5*&a11 b.ro.sod. • 6. T6.•pyllu.1 elan carol, with lh• f.st,.easedafd. f,00104. by Special 14.110. 1.0.fon 14.5 •[ ..o.. .t tt. 0.14 County Loa Ins oaL.ndalu. 1. The .p111u11 .hall amply oath .1.01.01,10. 11..da.4. fa. 54.. 47 Spatial Imlay. lactic.34.0 .I 514.. of . 9414 Ccunry Ionic1 .l rdluoc.. I. 14yrtostlsi•4•or rob...of(0.woe Coeur1 Match Depart...sod 9416 Co.o0y d t of r1•aln4 Mn(0...4u he err0.1.01.11 onto the site•t aly r .0,5ro fir II 004..to i,sr.l0..poc.1lm•utt1.4 out the . *ugly*Ith th4 0710111,0 St.a6*rd...ted h.0.oa ao4.11 hIlea.l.Sold County 1.10141100.. 1. Ma 014 by 4p.ct*I tools.•114.l+ll I.(0..l[..to Ms plumm,slow harem and goy...a by the Standard.,as *.c.d.171.and all•ppllc.bl.Held *. 00 County .4/41/ 1. any ..,.2141 44.1.1101 fro. th. plant .a4/or Standards 9. •outo osuie4 ahoy. .hell . 1b•approval of 46 ...ndr.o of d1.7.rnic by the 1.14 Comfy(tarsal Corbam aul b. 101...of County +ty Cu1111c*o.%afar*(0. Iron I1 00.pass.alf. 10..4.,4.. p...1111d. any o chaos•**00.11 Le 211,4 in ch..0011. of t0.0rp*rtrc of flaming(.041,... I0. Tt.property.0a*r rod/or operant or 061*operation shall b•r..pou.111a fog tmplyl.0 with all of e6..S *b4 11.dd40M. tmg catlanc.0100 •ay of * s0.44*boo. red Standards..,14 r far n.et..l.a 0( IS. I.r.lt by a h.lard of County Cora..tao4r.. U.S.R.- 637:84:33 SHEET 2 CF 2 RESOLUTION RE: APPROVAL OF USE BY SPECIAL REVIEW PERMIT FOR AN OPEN-CUT DRY GRAVEL PIT - CIRCLE M PARTNERSHIP 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 held a public hearing on the 25th day of July, 1984 , at the hour of 2 : 00 o' clock p.m. in the Chambers of the Board for the purpose of hearing the application of Circle M Partnership, P .O . Box 686, Greeley, Colorado 80632 , for a Use by Special Review Permit for an open- cut dry gravel pit on the following described real estate, to-wit: Part of the SW4 SEa , Section 21 , Township 7 North, Range 65 West of the 6th P .M. , Weld County, Colorado WHEREAS , Section 24 . 4 . 2 of the Weld County Zoning Ordinance provides standards for review of said Use by Special Review, and WHEREAS , the Board of County Commissioners heard all of the testimony and statements of those present, has studied the re- quest of the applicant 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, finds that this request shall be approved for the following reasons: 1 . The submitted materials are in compliance with the application requirements of Sections 24 .7 , 44 . 1 , 44 . 2 and 44 . 3 of the Weld County Zoning Ordinance. 2 . It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24 . 4 . 2 of the Weld County Zoning Ordinance as follows : a. The proposal is consistent with the Weld County Comprehensive Plan and the Mineral Resources Ex- traction Plan. According to the Weld County Ex- traction Plan Map, the subject site is located on irrigated land over sand and gravel deposits . The Extraction Plan discourages surface mining in prime irrigated agricutlural areas unless the affected lands are reclaimed as irrigated crop land. The applicant' s reclamation plan is to reclaim the land to farm land. The proposal is consistent with the Comprehensive Plan Policies which allow uses of an industrial nature to occur LHR 158 840315 Pt j 44 Page 2 RE: USR - CIRCLE M PARTNERSHIP where the resources are available (i .e. gravel and sand operations as noted on pages 62-63 of the Comprehensive Plan) . b. The proposal is consistent with the intent of the Agricultural Zone District in that the proposed use does not interfere with other agricultural activities in the area or the County and as a Use by Special Review the activity can take place in the district. c. The activities proposed will be compatible with existing agricultural uses in the neighborhood, as well as with projected development in the future. d. A portion of the subject site is in a Flood Hazard Overlay District area. Operation standards address this concern. e. Use by Special Review Operation and Design Stand- ards provide adequate protection of the health, safety and welfare of the neighborhood and County. NOW, THEREFORE , BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado, that the application for a Use by Special Review Permit for an open-cut dry gravel pit on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1 . The attached Standards for Use by Special Review be adopted and placed on the Use by Special Review plat prior to recording. 2 . The prescribed Use by Special Review area activity shall not occur nor shall any building or electrical permits be issued on the subject property until the Use by Special Review plat has been delivered to the Department of Planning Services Office and the plat has been recorded in the office of the Weld County Clerk and Recorder. 3 . The following note being placed on the Use by Special Review Permit plat: NOTE: The Mined Land Reclamation Board has the author- ity to issue permits for mining and reclamation acti- vities. 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 Operation Standards. Page 3 RE: USR - CIRCLE M PARTNERSHIP 4 . The applicant shall submit evidence of compliance with Section 44 . 4. 10 , Certificate of Insurance to the De- partment of Planning Services. 5. If , in the event, ground water is reached during the gravel mining operation the property owner (s) and/or operator shall apply for a well permit with the Divi- sion of Water Resources to comply with CRS 37-90-137 prior to further extraction of sand and gravel . A copy of the well permit shall be forwarded to the De- partment of Planning Services. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 25th day of July, A.D.�,` 1984. ATTEST: - q et ✓ WELDD OF COUNTY, TY COLORADOJ SSIONERS Weld County Clerk and Recorder `J��t /- l - and Clerk to the Boa Norman Carlson, Chairman ' BY: O74—iYue-, te,� c D puty County Clerk a quel John o , Pro-Tem APPROVED ASTO FORM: ei EXCUSED DATE OF SIGNING - AYE � / ^s 4‘t" Ce --- Gen R Brantnn�Q!Y/) County Attorn y cckarl:: W.4-.4-A.. , 7,17.1 s f'S n T. Martin OPERATION STANDARDS Circle M Partnership U.S.R. - 637:84:33 1. The uses permitted on said described parcel shall be the extraction of sand and gravel as described in the application materials on file with the Department of Planning Services. 2. The open-cut gravel operation shall comply with Section 44.4 Operation Policies. Any violation of these regulations shall be grounds for enforcement of Section 44.5, cancellation of Permit. 3. When the applicant operates out of the pit and truck hauling by the applicant is in excess of ten (10) trucks per day, the haul route will be from the pit to Weld County Road 43, and then north to Colorado State Highway 14 or south to Weld County Road 74. 4. If truck hauling by the applicant is in excess of ten (10) trucks per day the applicant shall submit and have approved a dust abatement program to the Department of Planning Services. 5. All operations on said described parcel shall be in conformance with the Weld County Flood Hazard Regulations including: A. NO fill, berms or stockpiles shall be placed in the one hundred (100) year floodplain which would obstruct passage of flood flows; and B. All fuel tanks, septic tanks, temporary buildings, and any other hazardous items that might wash away during flooding shall be securely anchored and adequately flood-proofed to avoid creation of a health hazard. Following completion of mining, all temporary buildings shall be removed. 6. The applicant shall comply with the design standards for the Use by Special Review, Section 24.5 et seq. , of the Weld County Zoning Ordinance. 7. The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance. 8. Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the site at any reasonable time in order to insure the operations carried out on the site comply with the Operation Standards stated hereon and all applicable Weld County Regulations. 9. The Use by Special Review area shall be limited to the plans shown hereon and governed by the Standards as stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 10. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. HEARING CERTIFICATION DOCKET ';O. 84-46 RE: USE BY SPECIAL REVIEW, OPEN-CUT DRY GRAVEL PIT, CIRCLE M PARTNERSHIP A public hearing was conducted on July 25 , 1984, at 2:00 P.M. , with the following present: Commissioner Norman Carlson, Chairman Commissioner Jacqueline Johnson, Pro-Tem Commissioner Gene Brantner Commissioner Chuck Carlson Commissioner John Martin Also present: Acting Clerk to the Board, Tommie Antuna Assistant County Attorney, Lee D. Morrison Planning Department Representative, Rod Allison The following business was transacted: I hereby certify that pursuant to a notice dated July 16, 1984, and duly pub- lished in the La Salle Leader on July 12, 1984, a public hearing was held to hear the request of Circle M Partnership for a Use by Special Review for an open-cut dry gravel pit. Lee Morrison, Assistant County Attorney, made this matter of record. Rod Allison, Planning Department representative, read the favorable recommendation of the Planning Commission into the record. He also read the conditions associated with this request into the record and said there are 10 Operation Standards. Doug McClure, representing Circle M Partnership, came forward to answer questions of the Board. He explained this request to the Board and said they have no problem with the Operation Standards. The Chairman asked if there was any opposition from anyone in the audience and there was none. Following a short discussion, Commissioner C. Carlson moved to approve this Use by Special Review for Circle M Partnership. Commissioner Martin seconded the motion which carried unanimously. APPROVED: 1 // 4-Q _ _ W. ? BOARD OF COUNTY, COMMISSIONERS Al'1'hST: � � 1 Q (�,�,"y� ,W�'�i'`� WELD COUNTY, COLORADO Weld"County Clerk and Recorder . � 60-4 and Clerk to the Board //--) Norman Carlson, Chairman tr7ic��"CBY ) oJe�e �o��O nrh be ty County Clerk Ja . el e Johnso Pro-Tem EXCUSED DATE OF SIGNING Gene R. Brantner -j7 ck Carlson 2bnie J T. Martin TAPE #84-65 DOCKET #84-46 LHR 158 ATTENDANCE RECORD DATE: July 25 , 1984 TODAY ' S HEARINGS ARE AS FOLLOWS: Show Cause Hearing, Weld County Disposal, Inc. - Docket #84-41 USR, open-cut dry gravel pit, Circle M Partnership - Docket #84-46 USR, open-cut wet gravel pit with ancillary uses , J-Bar-B, Inc . - Docket #84-47 PLEASE write or print legibly your name, address and the DOCKET # (as listed above) or the applicant' s name of the hearing you are attending. _ NAME ADDRESS HEARING ATTENDING That gaiter $6/a to t 2 a& hfMwtrwt c'osbl J Rem-13 a3o - ,29'4 51Yee wit 2 rce 3 J 4,- a' et //9791e,c � ,-71,-/itsce�,� cc'Jz'� / 3 a g • &keiKoury A4c clw .e /420 .tlog,ii ;d“ 1594 d. 6,0,4/ %F; �1Je s `i o710 r m;4( CO geld L 114 Sid&j C44.4 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, 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, at the time specified. All persons in any manner interested in the Use by Special Review 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. 84-46 Circle M Partnership P .O. Box 686 Greeley, CO 80632 DATE: July 25 , 1984 TIME: 2 : 00 P.M. REQUEST: Use by Special Review Permit for an open-cut dry gravel pit LEGAL DESCRIPTION: Part of the SW4 SE4 , SectiOn 21 , Township 7 North, Range 65 West of the 6th P.M. , Weld County, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY : Mary Reiff, Deputy DATED: July 16 , 1984 PUBLISHED: July 12 , 1984 , in the La Salle Leader It Affidavit of Publication S:A:= Cr CCLORADO. 1, aunty al Weid. 3 - LEGAL NOTICE �" NoncE • f Paul Massey of Pursuant o the;oalgbya tithes..a ' of Colorado ate ma Wale County terse said County at Weld. being duly sworn. say that held's s public hearing Labe 1 am pubianer of Coed the chemists°r in ikwirio1 Y miedonere of WeK` La Salle Leader tooted.. Wt Coenty Corn ten In Center,915 IoM Street, Greeley,a. a 'at(ha,yelts SeatSeatA11�,Psraone that the same is a weekly newspaper of general In any mannsltAkNeted In tyPtles„By lcuon and pruned and published in the s tiny. pedal Review are requests co attend and may be heUd, La Salle town of BE IT ALSO KNOWN that the test and to said county and state, that the notice or adver, maps w certified by the Weld Count' Inn hutment. of which the annexed is a ropy. Planning Commladon may beneathee in the uelre of the to the Board of has been published in said weekly newspaper County Commis.bne,q located In the ' Weld County'Cediednlal Center, 91S no far one canes:an** .10th Strnt'fhedfloor,.Greeley.Col. orado weeks: that the notice was published in the . • regular and entire issue at every number of said DOCKET NO.1:55 it.. newspaper dung the ported and time of pubh- " cation of said notice and in the newspaper Annicsira Clrek MPannereltip proper and not in a supplement thereof: that the P.O.Box 586- lint publication al said notate was contained in grams.CO$0532 the issue of said, newspaper bearing date. the DATE:July 25.19114 12 dal. of July AS.. 19 824 ;;T 2-011P4 .,,,.; and the last pabiinticn thereof. in I1h�ry issue of sad ne�wspaper bourns; date, the .iL•. day at mi lot an J u1V (J�� open-nit cry Vatvl ph . 19—al: that the said 'LEGAL DESCRIPTION La Salle Leader TPen of the SW,. St'.. Section 21. nynatio T North.Range 65 Wen of the' en has be published continuously and uninterrupt• bat P.M M.Weld Comm.Colorado edit' during the period at at least 1LLtytwa con. HOARD Ol('DONn secutive weeks next prior to the lint issue thereof 1 UMMISSIONt:NS uHLD('Ot1Nn'.('UIdXAUb containing said notice or advertisement canto referred tar and that said newspaper was at the B1' MAN\'ANN Ffa IEXSTILY ('ill(Yn'('LIXKANU XF:CUXDeN time of ecci of the publications of said notice. AND CLERK TO Mil BOARD duly qualified ter that purport* within the mean- ing at an act. entitled. "An Act Caneerntng Legal ilY Mori Rein'Deputy Nation. Advertisements and Publinuans, and DATED:July In. IWN the Fees of Printers and Publishers thereof. and P•Mlihed in the le beg, loader to Repeal all ACM and Parts of Acts in Conflict Thurndat.Jolt 12, !aria. with the Provision of this Act."approved April 7. 1921. and ell amendments thereat end pianism laxly as amended by an cut approved. March 20. 119./. lad an act c=prayed ay It 1931. `7J4/*foggy '1 Publisher ubliissMer Subscribed and aveant to before me this zJ..�y�/. day al—L./Cards. l�C 771-1=.f:P- A.D.. L ') �`t� My cttnrn ass _6*n exults, -7-J, A-+ _ Notary Public PROOF OF PUBLICA(ION The North Weld Herald Eaton, Colorado 80615 STATE OF COLORADO, ) ss. County of Weld ) a I,Ott af -o_ G{GPSdo solemnly swear that I am (�ttt 1 tof THE NaIRTH WELD HERALD; that the sa`9L is a weekly newspaper printed, in whole or in part, and published in the County of Weld, State of Colorado, and has a general circulation therein; and that said newspaper has been published continuously and uninterruptedly in said Not County of Weld for a period of more than fifty-two con- Colorado to the zoning laws of the State of secutive weeks next prior to the first Colorado and the Weld GwilIbeheanty ldinrdi- publication of the fiance, a public hearing will be held in the annexed legal notice or advertisement; that said newspaper chambers of the Board of County Commis- annexedstoners of Weld County, Colorado, Weld has been admitted'to the United States mails as second- County Centennial Center,9lslahst.,First floor,Greeley,Colorado,at the tine sped- class matter under the provision of the Act of March 3, 1879 fled.All persons in any manner interested in the Use by Special Review are requested to or any amendments thereof, and that said newspaper is a attend and may be heard. weekly newspaper duly qualified for publishing legal BE IT ALSO KNOWN that the text and maps so certified by the Weld County Plan- notices and advertisements within the meaning of the laws ningCommieson may be examined in the of- Of the State Of Colorado. flce of the Clerk te the Board of County Cora- nrisstoners,located in the Weld County Cen- tennial Center,915 10th Street,Third Floor, That the annexed legal notice or advertisement was DOCKET SH6 published in the regular and entire issue of every tuber of M said weekly newspaper for the period of 9fl1LP 11,3 P.O.Box 686 Greed,Cd.80632 ' consecutive insertions; and that the first publication of said DATE, notice was in t iss a of s d newspaper dated Hbss,19e4 U �{ TIME, 1ti IC.v l`T A.D., 19 V', 240 P.M. REQUEST. Um by Sped i Radom Pend and that the last publi do of id notice was in the issue brad openA down*ph of said publication dated 19 A.D. 19 1)7, LEGALDBSCRIPIfoN, Prat et the swv. REV.,Sidle 11,Toad*7 Nord,Ramp. 65 West d the 6th P.M., Weld Ceaoly, In witness whereof I hare hereunto set my hand this eorr.d6: Cc/-3L, day of ,,�Oit,oia A.D., 19._ BOARD OP COUNTY COMKERIONERS WELD COUNTY,cocoaADO �-� /j am n1 BIN MART ANN SEMESTER COUNTYDCORE a RECORDER AND T T'O THE BOARD BY.May Ra -be,My DATED;lab 19 16, M C,14—! rka- ab Pohl d lab -tr doe19, 19i6e Math WeY V�''\ Subscribed and sworn to before me, a notary public in and for th County of Wel State of Colorado, this Cife day of /k Oust' A.D., 19 rte. Notary Public a'd3 /Si 57- c rdex.5 My Commission Expires Oct. 19, 1983 DATE : July 6 , 1984 i'O: The Board of County Commissioners Weld County, Colorado ROM: Clerk to the Board Office Commissioners : If you have no objections, we have tentatively set the following hearings for the 25th day of July, 1984 , at 2 : 00 P .M. Docket No. 84-46 - Circle M Partnership, USR-Open-cut dry gravel pit Docket No. 84-47 - J-Bar-B, Inc. , USR, Open-cut wet gravel pit with ancillary uses OFFICE OF THE CLERK TO THE BOARD BY: /A.,?,,is 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 BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Doug Graff 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 application for: WEED COUNTY CQ.yMISSIQP!FpS CASE NUMBER: USR 637:84:33 0 E C a V 4 NAME: Circle M Partnership JUL 0 6 1984 ADDRESS: P.O. Box 686, Greeley, CO 80631 GREELEY. COLO. REQUEST: Use by Special Review Permit for an Open-Cut Dry Gravel Pit LEGAL DESCRIPTION: Part of the SWk SE4, Section 21, T7N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: Three (3) miles northeast of Eaton; north of Weld County Road 78 and west of Weld County Road 43 be recommended favorably to the Board of County Commissioners for the following reasons: THE WELD COUNTY PLANNING COMMISSION RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with application requirements of Section 24.7, 44. 1, 44.2, and 44.3 of the Weld County Zoning Ordinance. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 24.3. 1 et seq. of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the Weld County Comprehensive Plan and the Mineral Resources Extraction Plan. According to the Weld County Extraction Plan Map the subject site is located on irrigated land over sand and gravel deposits. The Extraction Plan discourages surface mining in prime irrigated agricultural areas unless the affected lands are reclaimed as irrigated crop land. The applicant's reclamation plan is to reclaim the land to farm land. The proposal is consistent with the Comprehensive Plan Policies which allow uses of an industrial nature to occur where the resources are available (i.e. gravel and sand operations as noted on pages 62-63 of the Comprehensive Plan) . The proposal is consistent with the intent of the Agricultural Zone District in that the proposed use does not interfere with other agricultural activities in the area or the County and as a Use by Special Review the activity can take place in the district. USR-637:84:33 Circle M Partnership Use by Special Review Permit for a Gravel Pit Pt. SW1 SEA, Section 21, T7N, R65W of the 6th p.m. , Weld County, Colorado July 3, 1984 Page 2 - The activities proposed will be compatible with existing agricultural uses in the neighborhood, as well as with projected development in the future. - A portion of the subject site is in a Flood Hazard Overlay District area. Operation standards address this concern. - Use by Special Review Operation and Design Standards provide adequate protection of the health, safety and welfare of the neighborhood and County. The Planning Commission recommendation for approval is conditional upon the following: 1. The attached Standards for Use by Special Review be adopted and placed on the Use by Special Review plat prior to recording. 2. The prescribed Use by Special Review area activity shall not occur nor shall any building or electrical permits be issued on the subject property until the Use by Special Review plat has been delivered to the Department of Planning Services office and the plat has been recorded in the office of the Weld County Clerk and Recorder. 3. The following note being placed on the Use by Special Review 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 Operation Standards. 4. Prior to the Board of County Commissioners hearing, the applicant shall submit evidence of compliance with Section 44.4. 10, Certificate of Insurance to the Department of Planning Services. 5. If, in the event, ground water is reached during the gravel mining operation the property owner(s) and/or operator shall apply for a well permit with the Division of Water Rosources to comply with CRS 37-90-137 prior to further extraction of sand and gravel. A copy of the well permit shall be forwarded to Department of Planning Services. USR-637:84:33 Circle M Partnership Use by Special Review Permit for a Gravel Pit Pt. SW4 SEZ, Section 21, T7N, R65W of the 6th p.m. , Weld County, Colorado July 3, 1984 Page 3 Motion seconded by: Lydia Dunbar Vote: For Passage Against Passage Sharon Linhart Paulette Weaver Doug Graff Lydia Dunbar Bill McMurray Louis Rademacher Jack Holman Bob Ehrlich 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, Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on July 3, 1984 and recorded in Book No. IX of the proceedings of the said Planning Commission. Dated the 5th day of July, 1984. Secretary • DEPARTMENT OF NATURAL RESOURCES tie(j David H.Getches.Executive Director ; ,e�6 ' MINED LAND RECLAMATION DIVISION DAVID C.SHELTON, Director a:.. Richard D.Lamm` Governor _MINING AND RECLAMATION PERMIT - MINERALS OTHER THAN COAL Permit Number: M-84-065 Type of Permit: 110 Permit Date: November 2 , 1984 (Anniversary date for annual report and fees purposes) THIS PERMIT is issued by the Mined Land Reclamation Board, Department of Natural Resources, State of Colorado. RECITALS A. Circle M Partnership (the "Operator") desires to conduct a mining operation known as MCClure Pit for the purpose of extracting Sand and Gravel B. On June 27 , 1984 , the Mined Land Reclamation Board (the "Board") approved the Operator's application for this permit, fixed the amount of the financial warranty and directed that this permit be issued upon the filing with the Mined Land Reclamation Division (the "Division") of performance warranty and financial warranty (or warranties) in the amount so fixed in form and substance approved by the Division. Said warranties have been filed with the Division. C. On ,lunp 27 -, 19R4 , the Board made the following findings: 1 . The application for this permit complies with the requirements of the Colorado Mined Land Reclamation Act, C.R.S. 1973, 34-32-101 et seq. , as amended, and with all applicable local , state and federal laws; 2. The operation will not adversely affect the stability of any significant, valuable, and permanent man—made structure located within two hundred feet of the Affected Land, except where there is an agreement between the Operator and the persons having an interest in the structure that damage to the structure is to be compensated for by the Operator; and 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 R71.37'6 C COi..90 Iv, SO, DEPARTMENT OF NATURAL RESOURCES �'f David H.Getches.Executive Director MINED LAND RECLAMATION DIVISION876 * DAVID C. SHELTON, Director Richard D.Lamm c Governor . _ July 3, 1984 MI5 rn">!N nnl.nnrf!IIMERS Mr. McClure 1\\;. I I � � Circle M Partnership {'In JUL 2 5 1984 ' • P.O. Box 686 l Greeley, Colorado 80631 C1"J GREELEY. COLO. RE: McClure Pit - File No. M-84-065 Dear Mr. McClure: On June 27, 1984, the Colorado Mined Land Reclamation Board approved the above-referenced permit application with financial warranty set at $1,800.00 contingent upon county zoning approval. Upon submittal and approval of the performance warranty and financial warranty, the permit will be issued and the mining operation can commence. Please contact the Division for the appropriate forms. Rule 7 of the Regulations explains the types of financial warranties available. The Division is looking forward to completing the permitting process. Sincerely, ii1/X ( Carol Russell Reclamation Specialist CR/ph Doc. No. 2476 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 Date: July 17, 1984 CASE NUMBER: USR 637:84:33 NAME: Circle M Partnership ADDRESS: P.O. Box 686, Greeley, CO 80631 REQUEST: Use by Special Review Permit for an Open Cut Dry Gravel Pit LEGAL DESCRIPTION: Part of the SWZ SEA, Section 21, T7N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: Three (3) miles northeast of Eaton; north of Weld County Road 78 and west of Weld County Road 43 THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with application requirements of Section 24.7, 44. 1, 44.2, and 44.3 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services staff that the applicant has shown compliance with Section 24.3. 1 et seq. of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the Weld County Comprehensive Plan and the Mineral Resources Extraction Plan. According to the Weld County Extraction Plan Map the subject site is located on irrigated land over sand and gravel deposits. The Extraction Plan discourages surface mining in prime irrigated agricultural areas unless the affected lands are reclaimed as irrigated crop land. The applicant's reclamation plan is to reclaim the land to farm land. The proposal is consistent with the Comprehensive Plan Policies which allow uses of an industrial nature to occur where the resources are available (i.e. gravel and sand operations as noted on pages 62-63 of the Comprehensive Plan) . - The proposal is consistent with the intent of the Agricultural Zone District in that the proposed use does not interfere with other agricultural activities in the area or the County and as a Use by Special Review the activity can take place in the district. The activities proposed will be compatible with existing agricultural uses in the neighborhood, as well as with projected development in the future. - A portion of the subject site is in a Flood Hazard Overlay District area. Operation standards address this concern. - Use by Special Review Operations and Design Standards provide adequate protection of the health, safety and welfare of the neighborhood and County. The Department of Planning Services staff recommendation for approval is conditional upon the following: 1. The attached Standards for Use by Special Review be adopted and placed on the Use by Special Review plat prior to recording. 2. The prescribed Use by Special Review activity shall not occur nor shall any building or electrical permits be issued on the subject property until the Use by Special Review plat has been delivered to the Department of Planning Services office and the plat has been recorded in the office of the Weld County Clerk and Recorder. 3. The following note being placed on the Use by Special Review Permit plat: NOTE: The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities related to raining and reclamation re. therefore under :he jurisdiction of the Mined Land Reclamation Board; however, wei.: County has jurisdiction of those matters outlined in the Operation Standards. 4. Prior to the Board of County Commissioners hearing, the applicant shall submit evidence of compliance with Section 44.4. 10, Certificate of Insurance to the Department of Planning Services. 5. The property owner(s) and/or operator shall apply for a well permit with the Division of Water Rosources to comply with CRS 37-90-137 prior to extraction of sand and gravel. A copy of the well permit shall be forwarded to Department of Planning Services. OPERATION STANDARDS Circle M Partnership U.S.R. - 637:84:33 1. The uses permitted on said described parcel shall be the extraction of sand and gravel as described in the application materials on file with the Department of Planning Services. 2. The open-cut gravel operation shall comply with Section 44.4 Operation Policies. Any violation of these regulations shall be grounds for enforcement of Section 44.5, cancellation of Permit. 3. When the applicant operates out of the pit and truck hauling by the applicant is in excess of 10 trucks per day, the haul route will be from the pit to WCR 43, and then north to Colorado State Highway 14 or south to WCR 74. 4. If truck hauling by the applicant is in excess of 10 trucks per day the applicant shall submit and have approved a dust abatement program to the Department of Planning Services. 5. All operations on said described parcel shall be in conformance with. the Weld County Flood Hazard Regulations including: A. NO fill, berms or stockpiles shall be placed in the one hundred (100) year floodplain which would obstruct passage of flood flows; and B. All fuel tanks, septic tanks, temporary buildings, and any other hazardous items that might wash away during flooding shall be securely anchored and adequately flood-proofed to avoid creation of a health hazard. Following completion of mining, all temporary buildings shall be removed. 6. The applicant shall comply with the design standards for the Use by Special Review, Section 24.5 et seq. , of the Weld County Zoning Ordinance. 7. The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance. 8. Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the site at any reasonable time in order to insure the operations carried out on the site comply with the Development Standards stated hereon and all applicable Weld County Regulations. 9. The Use by Special Review shall be limited to the plans shown hereon and governed by the Standards as stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 10. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. LAND USE APPLICATION SUMMARY SHEET July 3, 1984 CASE NUMBER: USR-637:84:33 NAME: Circle M Partnership ADDRESS: P.O. Box 686, Greeley, Colorado 80631 REQUEST: A Use by Special Review Permit for an Open-Cut Gravel Pit LEGAL DESCRIPTION: Part of the SWk SE%, Section 21, T7N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: Three (3) miles northeast of Eaton; north of Weld County Road 78 and west of Weld County Road 43 SIZE OF PARCEL: 9.18 acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this proposal is listed in Section 24.3 and Section 44 of the Weld County Zoning Ordinance. The Department of Planning Services staff has not received any objections regarding this application. JRM:rjg g l,-� FIELD CHECK FILING NUMBER: USR 637:84:33 DATE OF INSPECTION: 6-21-84 NAME: Circle M Partnership " REQUEST: Use by Special Review Permit for an Open-Cut Gravel Pit LEGAL DESCRIPTION: Part of the SW1 SEA Section 21, T7N, R65W LOCATION: 3 miles northeast of Eaton, north of WCR 78 and West of WCR 43 LAND USE: N Cropland (corn) E Cropland and Lone Tree Creek S Landfill and Cropland W Cropland and Landfill ZONING: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: Access to the subject site is from WCR 78 a gravel road. There are no improvements on the site. The site has been excavated in the past for sand and gravel and as such has an irregular slope. The area to the south and east is an old sand and gravel pit now used as cropland. The site is within the 100 year flood plain of the Lone Tree Creek. A 8-12 foot embankment separates the subject site from the cropland to the east. By: /'cvi2rd `//ca�J es R. Mayerl, Eijrrent Planner J • •I. " I J xc i i' 4,A•° •.) �• •C ..o E 3 M ,3 ; 3• 5,--. n xo 2. 22 .K I IF\2o Iri x. � x ti'l" • • °i rx, 1:1"-'-,5,2 ° n • ' • • •▪ v• z•A zJ 30 r ._"d. 11°I"4:.11 t"*•lt,t 5.• .°°, e9° i \y o /Crook I , C / .. e� . " II '° r, ,° .. ;.°.. .° ems r ' ' • I ° SZ' • • III �� •r• 4 •,m, r 1 '>/i • E e�W .I• ' ' �, • • • + •/ \' .1s I . o ° o o�T , ?e• z •E}e /mil •▪ ro ` .. .x r • • i ] 91 i� pl ▪ . .AS • • • W'q5 _. � I:q. 'V .. 9 , • . .. 9V 1::. e • •\\\1 . Rii •/ :•---" i 4e •;moo • t o 0 • o•e °•• - ' ' RE .. g 20 . 1 : ix is 1 • .n : x. ! `,° e_r yJ 1'^x. ' • • c• • vu•,e C✓�•. eo er II z1 • I`iP• -- •e— • ° ' •• _• •; • wo°.row.;a f" •.i 'L•u • • ter. l ♦ e • • ll � ▪ _ • ' • { •0 1' • } MT ♦• 5.10.•1 ` • • 1 • Has• • n • ze I • , . za ° T. • Jo • :! xe • z n . z, °e ,o • n •• ' n ' o• i I GR;1 }wFSTERN: _ [ RfLWAI • • s ( 1 •�e�e e a 3 G rw0+- '6'•.. 3 J J. ' J, el I:• ° , • Jx •} \33 .F,. .I°is.. t..,' • 't,1 ..1:L I. • �'s• RI .d.• —. .. . I. -I _ . A • .L." • •. ...ur• r • • .. •. •. i EATON • 1^.]{� t\ • °SALETO[I° • I \ 1 rOry� d] • • ) x • •I I.I•• • T �•a' 0 , ...q. • .. e 'YLon •� • L . ' unites 1� • •'• - _ '• 3 ° ' • • • ...., *a: .�..!e,.•• • °• ones:e!o •_ ..[ _ ' • •eI J,.• - - : • • • I• :°• 1-' .. •. . : .•�•. • .i"P ° •off!•" _.--_'- ;--:.�,,. ... •._ -- - ! .• -_-_._ • • 2', 0.-.,, . .1. 1• .i .• ��\\Is °1L'1?' . II�\�\ • •1" : E, I+ •, ..• . •!. •1= • n •.�1 I1\• �1• + ' r• ! e • .. ' x., . .L . .� \.LYk. • 1'". �N.'•.. •La1a : 1�° an 1 :° • L.• :' :: :• '„x ;• 1® ( 0, I'�• . •.f • F� •• •I • LUCERNE • �5O ' ; •I® !' e V ;'!1 xU 2. xx c), x, x. ... .. '•1G • :°..• 2. xx xJ. i x. I . x0 x. ; •• °:;- - --- - -pots �; N,ON PAL,F,C ' ;• 'Iy' • •• \GILL r 9°OtN, , •3• I e x+ . • a xJ 7 •° 1 oe4d I iCixr r . . . 1� •cl0YL LY a• J a t :'ONION °- Inn>u �' ••• 'I •. .• . ! 6 E.] ••• '• 1 1 f ..`_, F 1• . ••r •LLO(II ;LT/ • • (la • • N L '•�I F „ ) I::I • • r r� • TI I Ii �' \J • t • �•�I.IN I ‘ .Y l' a.: J•• J• '" 7;18 _ _1.71:7 y v1. 3 ' 4.To > • L o caw.• °. • �tI • e ' I• - 1. woo I:P .. •. .' • • ice9.1a::::::5 ar • •• x•, ° • 1 'Qx _[_ 4F . . ' � * o ' GRE L Y — —' .t• o!°'•! oY .�) , `•^ .. .. • °. a oa aoror A; J. — 40?' t..7.... ..... a .R x i 4. l• �. . L b 1 '.I1. 1 . IK a/ ,t 4O5 ). `1 . , r° .1 ,.\ aB •I IT t•^V• ,fin F••" [r' y 1 : •55 r J,1; •ia.•°.E 'k. -FDro• Z • ff-1 �• ' 7�' •xO y ] 4 Q w 27. :I1 . ..1e.✓`J •a•I• • � I •~{rr. • kT I Ir/ ' f� '' i •E'o•"'ro • + �l • x• 25 ( F I; Mil • II "ii L / • • n n :• bw •1• B. I •! ^ I • [/ i.er I •, I mi./WC `—I JJ J �' J• • n !. •M• • • • • 'C`�orrection ! a.-. - Line • •e / �f•'i� { -� i.. • Nmf _.-• • el/• • � -_ • • .I.rsrER>f • _L._ :��—•ca. oG .,.LASALLE s i4'Y'J•• • • • • a ' 2L Oe % '. ' I. 'I• / �; A ---c _� 7� ,� ,.,,_�/�� / _ - — : re N 7 ._., —__. . ) ra- .,-- in : cra 1 \ � J �o :I� � `\y • _._____,,,e., , 1 \o co R i_ m �, �� — � m c'' N �•AIL /� ��m N I,i� o mq it ��ii •tom—�.\ `/_ / \I� \ s6 e ��4eeo- m �� v /\i7 I 6 � V —' 7 L —,-- -cos, � — A z ,„ \ I .4. / / I ?' oa 0 �i �' . JIB .. • •H ... \ �� l 9 111111 l oes� � ' lm \ _2°.•\L _�.._ as • _ .._ o_ �pWFAG / .T'..- •., l ei Ni,„; t SibP 4f.rhiLt . t.`1 �a , a&u p S,.• �r TM3 iCir4 •. 1144, t3,.'1. "1",; ", kar .:ct:4'*j l x� {�� 'lf0t t 3 x ' kitA � ��' AMP x�.I ` i I . 3 a I Crt till l. A g"',��. ' i �� y W sr ;,41. I I �! ai G 4 r 1 xr,.. y 0 £ r n, b I L. 0 e J uaks 3 %ar' ".' 4,11'-",. ri - � bs et _ a y.ri s .r 4 - v414'' +.� , % # '4 �A ^53`I 1 '-ys „ t r vt+, Y 4 ' 3$ r 1 'A d � r`' \ l Y ! R d •V io. ice' -Y 3 .. t't_ W • y .yyty3� 'y^ \44'44. 4 { ,Jit` YF J { .y r4y F : , , iim X t' \ * 4 °<; Spa � 1 (� Y q `41 1 Yt ,..:74- t -it,— ,...,, ,ht 6 l*P{ t b v e ,". <� 4, r I t s i r 4 rr•^• ;414,{ } � 3t § Y{ r. ( ka1 41 nt33. " •I ,� "_ x 'f rt„l'i - * ,,1G x{3 { ,rat, %.... 1 ! .r .,,...r-•".* i at x 4r'r i. 5. ' b t 11 M 4 $- }* 7'y N, 3 $4 ' in ',Lt {` •ile • • Y S It - ±Lsai x s. i 1.4y\ lir 4k Tit 1 n >n salt moo , �` ti. .. k. e410,.„-,„„4 \j IStfrr .y a t .rgo r. /\ Al., to y 4.''4, ?_. "-,- -1 tt a4 :S { llr5 3: 'l 1.1 vY , � s.iel • • . t 1 .k. .r, _ June 22,1984 Weld County Planning Commission Greeley, CO RE: Circle M Partnership Mining Application Final Grade The existing grade of the farm land to the East and South of the new pit runs .20 % from North to South and .1% from West to East. The final grade when this new excavation is completed will match this grade. To further clarify, this will again be farm land when the mining is completed and requires level ground for irrigation. '//J7GC:u.�_� Paul McClure Circle "M" Partnership REFERRAL LIST APPLICANT: Circle M Partnership CASE NUMBER: USR 637:84 :33 SENT REFERRALS OUT: 5-25-84 REFERRALS TO BE RECEIVED BY 6-20-84 m m z m o m o z H o H W O H W SH '40M M H ¢¢ z W O z W U U z O "'i W v; ti W Sr cwi, [W H [xj O U O W. 14 H 0 U O 2 U z z z 0 � W 0 c ---- County Attorney (plat only) Doug Graff ---.. 3115 Grandview Drive x Weld County Health Department Greeley, CO 80631 X Engineering Department Greeley Soil Conservation /\ X X District `— County Extension Agent 4302 9th Street Road Greeley, CO 80634 Office of Emergency Management X Bill Brown Attorney at Law P.O. Drawer J Ft. Collins, CO 80521 J State Engineer J( Division of Water Resources 1313 Sherman St. , Room 818 Denver, Colorado 80203 State Highway Department 1420 2nd Street Greeley, Colorado 80631 X Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, Colorado 80220 CF CCZ RICHARD D. LAMM 90.,, JERIS A. DANIELSON Governor IL* 0 * a *; State Engineer 2800H *1876 *- OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES ; 1313 Sherman Street-Room 818 6 l� ';1?G. Denver, Colorado 80203 0 (303) 866-3581 \ \ i r 7 I \ June 5, 1984 o� \ a) . 11�Mr. James R. Mayerl, Current Planner Department of Planning Services 915 10th Street Greeley, CO 80631 Re: Circle M Partnership Use by Special Review Dear Mr. Mayerl: As requested, we have reviewed the above referenced application for an open cut gravel pit three miles northeast of Eaton. The application states that water will not be used in the operation and the operation will not approach the water table. We have no objection to this operation provided the above information is correct. Sincerely, Hal D. Simpson, P.E. Assistant State Engineer HDS/JRH:ma cc: Jim Clark, Div. Eng. \r1.4 \ mEmoRAnDum James Maverl , Planning D Date .lunP 7984 COLORADO To_WIDC Donald R. Carroll , Administrative Manager COLO From Referral : Circle M Partnership - USR 637:£4:33 Subject: DUST CONTROL: When Weld County is operating out of this pit, Weld County will provide dust control for the haul road. When Circle M Partnership operates out of this pit, Circle M Partnership will be responsible for the dust control from the gravel pit to the pavement on Weld County Road 43. When Circle M Partnership operates out of the pit and the truck hauling is in excess of 10 trucks per day, the haul route will be from the pit to Weld County Road 43, north to Colorado State Highway 14, and them south to Weld County Road 74. oQ DRC/bf O COLORADO DEPARTMENT OF HEALTH Frank A.Traylor.M.D. Go Lamm - 1876 Executive Director Goveernrn orr June 5, 1984 ''ci y y ` �1+ JUN 7 1534 L � - James R. Mayers Weld Co. Planning Commission Current Planner Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 RE: Circle M Partnership — Open Cut Gravel Pit Dear Jim: The Water Quality Control Division has reviewed the above referenced Special Use Application and has no objection to the proposed activities. It is noted that the well Log and History indicates a depth to water of 5 feet. If water is encountered during operations, a Colorado Discharge Permit will be required for dewatering operations. Application must be made at least 180 days prior to discharge. Sincere ,y, , Thomas L. Bennett Senior Planner Planning & Standards Section Water Quality Control Division TLB:mds enclosure 4210 EAST 11TH AVENUE DENVER,COLORADO 80220 PHONE (303) 320-8333 MAILING LIST USR 637 Circle M Partnership Mr. and Mrs. Charles Bass 20506 Weld County Road 78 Eaton, CO 80615 Spencer Feedlots Inc. 18794 Highwa.- 14 Ault, CO 80610 Mr. and Mrs. Lawrence Myers 38565 Weld County Road 43 Eaton, CO 80615 C C AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property STATE OF COLORADO ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land which is the subject of the application as their names appear u-pon the records in the Weld County Clerk and Recorder's Office, or from an ownership update from a title or abstract company or an attorney. Circle M Partnership ..-43.).60?- C Cif li.s The foregoing instrument was subscribed and sworn to before me this day of , 19 By WITNESS my hand and official seal . My Commission expires : Notary Public DEPARTMENT OF PLANNING SERVICES �^ � },'��'_ PHONE 13031356-0000 Ext-4400 915 10TH STREET GREELEV,COLORADO 80631 6 ter:Nv., .COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on July 3, 1984 at 1:30 p.m. to review a request __.r approval of a Use by Special Review Permit for an open cut gravel tc, Circle _. _-_tnersnlp on a parcel of land described as part or the Southwest 1/4, section 21, Township 7 North, Range 65 West of bth P.M. , Weld County, Colorado containing 9. 18 acres, more or less. This public hearing to be held by the Weld County Planning Commission for the consideration of the above referenced request will be conducted in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 915 10th Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on July 3, 1984 Copies of the application are available for public inspection in the Department of Planning Services, Room 342, Weld County Centennial Center, 915 10th Street, Greeley, Colorado (356-4000, Extension 4400) . Bob Ehrlich, Chairman Weld County Planning Commission La Salle Leader To be published in the: June 21, 1984 To be published one (1) time by: Received by: , !//il ..,l7 Date: 1-' y- 4,0/��2 7 gry WELD COUNTY, COLORADO SPECIAL USE APPLICATION For OPEN CUT MINE PERMIT (gravel pits, etc.) Weld County Department of Planning Services 915 —10th Street, Greeley, CO Phone 356-4000 EXT 400 For Department of Planning Services Use Only Case Number: Date Application Received: PC Hearing Date: Section: , Township: North, Range: _ West Zoning District: Recording Fee: Permit Fee: Recording Fee Receipt #: Receipt Number: Application Reviewed By To Be Completed by APPLICANT In Accordance With Procedural Guide Requirements: 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 unincorporated area of Weld County: LEGAL DESCRIPTION: A tract Of land containg 9.18 acres located in the S.W. %, SE A, Sec. , , TOTAL ACREAGE: 2. Surface owner(s) of area of land described Name: Circle M PartnershiRddress : P.O. Box 686, Greele phone: 352-7840 Name: Address: Phone: 3. Owner(s) of mineral rights to substance to be mined Name: Circle M PartnirshiOdress: Phone: Name: Address: Phone: 4. Source of applicants Legal Right to enter and to mine on the land described: Warranty Deed (Attach Certified Copy of any Document noted to the Back of This Form) 5. Address of applicant and general office Applicants address: Box 686, Greet y CO _Phone: 35?-7840 General Office address: Phone: 6. Identify any prior permits for open cut mining held by applicant or affiliated None person: 7. Description of Operation a. Types and number of operating and processing equipment to be employed: Loaders, Dozers, Tandem and Semi Dumps. b. Maximum number of employees: unknown , and number of shifts: Unknown • c. Number of stages to be worked: unknown , and periods of time each is to be worked: d. Thickness of mineral deposit: 10-12 feet, and thickness of the overburden: 2-3 feet e. This will be a wit/dry pit operation 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) : W.C. Rd 78 between Rds. 41 and 43 8. Description of Rehabilitation a. Proposed rehabilitation land use(s) : agriculture b. Source of technical advice for reclamation: 35 years experience c. Explanation of Reclamation Process: The topsoil is stockpiled and after arravation of an area large enough to work is is completed, the bottom is rough gradada the ton soil replaced and fine graded to meet the existing farm land and then returned to agriculture use. I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD STATE OF COLORADO Signature: Owner/Authorized Agent subscribed and sworn to before me this /*IC day of 19 / SEAL ' ;._NOTARY PUBLIC f:•..Co^nR- ca Expos Jung 18, 12 LS My Commission expires @1.: 1a ; '=@zcal r ,ago EX01 APPLICATION USE BY SPECIAL REVIEW Department of Planning Services, 915 Tenth Street, Greeley, Colorado Phone - 356-4000 - Ext. 400 Case Number Date Received Application Checked by Application Fee Receipt Number Recording Fee Receipt Number • TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) I (we) , the undersigned, hereby request hearings before the Weld County Planning Commission and the Weld County Board of County Commissioners concerning the pro- posed Special Review Permit of the following described unincorporated area of Weld County Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: SW )w, SE A Section 21 bb LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: SWA Section 21 T 7 N, R65 W Property Address A(if available) 20351 WC Rd 78, Eaton, CO 80615 PRESENT ZONE OVERLAY ZONES none TOTAL ACREAGE 212 A. PROPOSED LAND USE Agriculture EXISTING LAND USE Gravel Pit SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR PEZC'NING: Name: Circle M Partenership Address: P.O. Box 686 City 'Greeley, CO Home Telephone # Business Telephone # 352-7840 Name: Address: City Zip Home Telephone # Business Telephone # Name Address: City Zip Home Telephone # Business Telephone ## APPLICANT OR AUTHORIZED AGENT (if different than above) : Name: Same Address: City Zip Home Telephone # Business Telephone # Owner(s) and/or lessees of mineral rights on or under the subject properties of record in the Weld County Assessor's Office: Name: Circle M Partnership Address: P.O. Box 686 City Greeieyt CO Zip 80632 Name: Address: City Zip Name: Address: City Zip I hereby depose and state under the penalities of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD ) STATE OF COLORADO Signature: Owner or/Authorized Agent Subscribed and sworn to before me this day of 4.1.1.,_,I 19 / . SEAL �1/AL WARY PUBLIC ---�' My commission expires • AR1935548 B 1003 REC 01935548 00/02/83 16 : 19 $6.00 1 /002 -6' go. F 1546 MARY ANN FEUE.RSTE.IN CLERK & RECORDER WELD CO, CO c-`Wafrarjy'Deed THIS DEED is a conveyance of the real property described below, including any improvements and other appurtenances (the "property")from the individual(s),corporation(s),partnership(s),or other entity(ies)named below as GRANTOR to the individual(s) or entity(ies) named below as GRANTEE. The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title to the property, except for(1) the lien of the general property taxes for the year of this deed,which the GRANTEE will pay(2)any easements and rights-of-way shown of record (3)any patent reservations and exceptions(4)any outstanding mineral interests shown of record(5) any protective covenants and restrictions shown of record,and(6)any additional matters shown below under"Additional Warranty Exceptions•", The Specific Terms of This Deed Are: Grantor: (Give name(S)and place(s)of residence;if the spouse of the owner-grantor is joining in this Deed to release homestead rights.identify grantors as husband and wife.) SPENCER FEEDLOTS, INC. , a Colorado corporation 18794 Highway 14 Ault ; Colorado 80610 Grantee: (Give name(s) and address(es):statement of address, including available road or street number, is required.f CIRCLE M PARTNERSHIP, a Colorado general partnership 20351 Weld County Road 78 Eaton , Colorado 80615 Form of Co-Ownership: (If there are two or more grantees named,they will be considered to take as tenants in common unless the words"in Joint tenancy"or words of the same meaning are added in the space below.) Property Description: State Documentary Fee p (Include county and state.) MUb I Date 2 See Exhibit A attached hereto and $ so . Co made a part hereby as though fully set forth. I 00 CD c_c SLA&j 4,-,__L__. Property Address: € O 34,4,-,__L__ U. e-r.—d'7 1 , -€.0-9-6 , [[[I��I(((l Consideration: (The statement of a dollar amount is optional;adequate consideration for this deed will r tJ .' identified as a gift; in any case this conveyance is absolute,final and unconditional.) be presumed unless this conveyance is I /l TEN AND NO/100 DOLLARS ($10. 00) AND OTHER VALUABLE CONSIDERATION Reservatlens-Restrictions: (If the GRANTOR intends to reserve any interest in the property or to convey less than he owns.or if the GRANTOR D is restricting the GRANTEE'S right in the property,make appropriate indication.) Reserving unto Grantor all except one—half (i) of 100% of all mineral rights. 0 O n Additional Warranty Exceptions: (Include deeds of trust being assumed and other matters not covered above.) tc m C 3 o QENC • J � Executedl�v thetOran(or op July 28 19 83 •7 r1 _ :.r`.t al r e GI4se for Corporation,Partnership or Association: Signature Clause for Indlvidual(s): '•� • _ 0SP, N(` VF IX,,QTS, INC. \ h „Ilan! .firs r or ratyi n, Partner or Association !v/ , Grantor • J� •.y . ....... ' J /lie iC�1deLit g ....w/if Grantor NI Attest. '•Grantor STATE OF COLORADO ) ;,a�Q1C J J V . COUNTY OF WELD ) ss oo t I , ,/=�1�r ('•) N4. " ,� The foregoing instrument was acknowledged before me this 2Oth Jill?!' .JI 1 CJ f� rn�YN N day of - O ey•Michael F. Spencer, President of SPENCER FEEDLOTS , , i2 astr 1pr9,do- `-� WITNESS my hand and off ial seal corporation . G 7�y/ ' psi• VS On "l' = My commission expires: ...7,5--cr. /y r. /7₹Y/'� S s STATE OF Notary P1{p"k ... , COUNTY OF ) SS. Address • t! A1• . . ) The foregoing instrument was acknowledged before me this day of 19 By. I'name individual Grantors)or if Grantor is Corporation,Partnership or Association,then identify signers as president or vice president and secretary or assistant secretary of corporation;or as partner(s)of partnership;or as authorized members) of association.) WITNESS my hand and official seal. My commission expires: Notary Public r 1981 UPDATE LEGAL FORMS P.O. Box 1915-Greeley.Colorado 80632 NO.201 (303)Jab-aJaO 8.30241 1i 1 003 REC 01 93554( 08/02/(93 1 6 : 1 9 9 6.00 2/002 F 1547 MARY ANN FEUERSTEIN CL..ERIC �, RECORDER WELD CC, CO EXHIBIT A LEGAL DESCRIPTION A tract of land located in the South half of Section 21, Township 7 North, Range 65 West of the 6th P.M., Weld County, Colorado and being more particularly described as follows: Commencing at the Southeast Corner of said Section 21 and considering the South line of said Section 21 to bear North 89° 46' 32" -Nest, with all other bearings contained herein being relative thereto; Thence North 89° 46' 32" West, 1173.69 feet to the True Point of Beginning; Thence North 89° 46' 32" West, 4032.15 feet to the Southwest Corner of said Section 21; Thence North 00° 17' 44" East, 2493.95 feet to the West Quarter Corner of said Section 21; Thence South 88° 54' 37" East, 2821.74 feet along the East and West centerline of said Section 21; Thence South 00° 42' 25" West, 626.22 feet; Thence South 89° 34' 43" East, 1102.29 feet along an existing fence line; Thence South 05° 40' 00" East, 49.22 feet; Thence South 89° 00' 00" East, 282.75 feet; Thence South 06° 10' 50" East 239.95 feet; Thence South 06° 37' 46" East, 688.78 feet; Thence South 85° 22' 14" West, 128.28 feet; Thence South 10° 57' 17" West 850.25 feet to the True Point of Beginning; Said tract of land contains 217.092 acres of which 4.475 acres are in County Road rights-of-way resulting in a net area of 212.617 acres. • Together with four ( 4 ) shares of the capital stock of the Larimer and Weld Irrigation Company, four ( 4 ) shares of the capital stock of the For Farr Lateral Company, and four ( 4 ) shares of the capital stock of the Windsor Reservoir and Canal Company; and together with an allotment therefor of 200 acre feet of water from Northern Colorado Water Conservancy District.. Together with one-half (i ) of 100% of all mineral rights. SUPPORTING STATEMENTS FOR SPECIAL REVIEW APPLICATION CIRCLE M PARTNERSHIP The area in which the use by special review is requested has been known as the McClure gravel pit for the past 35 years. Gravel excavation was begun in 1938 and terminated on the retail level in 1968. A Sanitary Landfill was started in 1966 and cover material has been taken from this area since that time. Weld County has leased certain areas since the 1950's for excavation of gravel for County roads with the last lease expiring in 1968. This request for a Special Use Permit is primarily for the use of Weld County as they have indicated that they will need roughly 50,000 tons of gravel for area roads in the next few years. Weld County will provide their equipment and employees for the operation of the pit. The area is zoned A and the tract complies with Weld County Zoning ordinance Section 50. As the areas have been excavated, they have been fine graded and returned to farm land. Other old pit areas have been used by the landfill, graded and are now farm land. When the gravel has been excavated from this new area it will be returned to farm land. A Limited Impact Permit application for an open dry pit mine has been filed with the State Mined Land Reclamation Division. The North end of the proposed area is 350 feet from the property Line. The South end is 650 feet from Count road 78. The area to the East is a reclaimed pit now in farm land and the area to the West is the landfill and reclaimed farm land. The only entrance/Exit to the property is from Road 78 between Roads 41 and 43. LIMITED IMPACT (110) PERMIT APPLICATION CIRCLE M PARTNERSHIP EXHIBIT A--LEGAL DESCRIPTION A tract of land located in the SWW, S t., Sec 21, T7N, R 65W 6th P.M. EXHIBIT B--MINING PLAN The McClure Pit is a dry pit. It was begun 45 years ago. Weld County will be the principle operator of the pit and will supply the equipment and operators. The operation will begin at the North end of Tract A as shown on the map. Top- soil will be removed and stored near the South end of the tract with the balance of the overburden stored adjacent to it. Equipment to be used will consist of dozers, loaders, belly dumps, and end dumps. Excavation will continue until the the clay layer is encountered which is ten to twelve below the surface. Water level is five to seven feet below the clay level. There will be roughly 25,000 tons of material excavated per year. As the area becomes large enough to work in, the bottom will be rough graded so the oberburden and topsoil can be replaced to conform to the existing grade of the farm land to the East and South (Tract B). EXHIBIT D --WILDLIFE, WATER RESOURCES, VEGETATION, SOILS INFORMATION WILDLIFE The wildlife found on the proposed pit is the same found on any Northern Colorado irrigated farm. They yconsist of ground squirrels, mice, an occasional rabbit, and native birds. There are no endangered or limited species in the area. There is a sanitary landfill operation immediately to the West with operations basically the same as the gravel operation will be with little if any impact on the wildlife present. WATER RESOURCES Water will not be used in the operation. It also will not approach the water table. Consequently, there will be no affect on the aquifer or the creeks that catch the drainage from the area. VEGETATION Ground Cover. SOILS INFORMATION See attached log information. EXHIBIT E--RECLAMATION PLAN The McCluresoperated a gravel pit in conjunction with farming operations from 1938 to 1967. The area Fast and South (Tract B) of the proposed pit was ex- cavated for gravel and reclaimed for farm land. It is now rented out with various kinds of produce being the main crop.. The area to the West (Tract C) was started as a gravel pit in 1952 and completed in 1967. A sanitary Landfill was started in 1967 following strict reclamation procdures. Most of the area has now been filled to the original elevation and is now farm land. The tract for the proposed pit will be excavated to a clay layer. As stated in the mining plan the topsoil and overburden will be stockpiled and after the work is completed the area will be rough graded, topsoil replaced to a depth of 12" to 16", and graded to meet the existing farm land. The reclaimed land will then become farm land. Roughly 35 acres have been excavated and reclaimed over the years using this method resulting in highly productive land. We request that there be no reclamation bond as we have a proven record of reclamation and have always returned the land to Its! intended use. We have our own equipment, ie., loader, dozer, etc. and the cost of reclamation is low. LOG AND' 1ISTORY ' WELL L LOG !.1'/ WELL DATA _ <<_.... . Ground Elevation "'• G ' Date Started Au�st 4. 1967.. . . r l jr, t , Type Drilling Standard Ro4ary f i i .. Date Completed Aullst 4r. 1967__... 1''! '•••; •., ' •,, . Water' From To Type of Material Hole Diameter: I Loc. Perf. r . - _ 11" iiii. from .d ft. �o �8''' . _ 0 10 ;and in. from ! ft. to• ' ft. 10 12 Clay in. frotni- `� ft, ft: 12 35 Medium Sized Gravel 35 38 Blue "hale CASINO RECORD '''''• Cemented from 0 y 26 • Plain Casing Size, kind i',tt froni 0 M. to E6' it. Size , kind from ftl to ° • •' ft. Size , kind from ft. to r��r1 ft. Perforated Casing Size 8 , kind Galv,{rom 26 .• ft, to....R.?. ft. Size , kind from ft. to ft. Size• kind from'.. ft. to ft. "r; li `r 1 " TEST DATA• Date Tested Aueuet 2. 1967 Type of Pump Tested by Bailer Length of Test one Hour Constant Yield_. 40.ael'+1ta r =r . Drawdown 270 from surface . :!.l.i ,. d in) ' ' 'f' r;'! ' PUMP DATA (To be fille Type of Pump thiknOiai : .__. ? . ... 7__- - . ' Outlet Size Driven by ' • -• •• - . ? Horsepower Use additional paper if necessary to complete i log and attach. Dit?T1i TO WATER ; 61 ..._._ 1 ) WELL WELL DRILLERS STATEMENT' TOTAL DEPTH i38'State of Colorado County of ;veld Ed Lash 17611 Drillin ' gbeing says: he is the driller of the above described well; he has read the above map and st tement,eposesknowS the content thereof, and the same is true of hii own knowledge, . - - • - License No, • .. . 21. . ..... _.. .. - _ . • '•— f i ! I Subscribed and sworn to before me this day of ' ! 19_..._. . My Commission expires ' r Notary Public --- --. .,--- . ' . .__L.__-_—..' FORM TO BE MADE OUT IN QUADRUPLICATE: ; , Original WHITE (both sides) &Triplicate GREEN Copy must be filed with the State Engineer within 30-days after well is completed. ' Duplicate PINK copy is for the Owner &YELLOW copy for the Driller. WHITE FORM MUST BE AN ORIGINAL COPY ON BOTH ` SIDES AND SIGNED. Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION Mr. and Mrs Charles A Bass 20506 WC Rd. 78, Eaton, CO 80615 62070928000025 Spencer Feedlots Inc. 18794 Highway 14, Ault, CO 80610 None Mr. & Mrs Lawrence M Myers 62070921000007 y 38565 WC Rd 43. Eaton. Co 80615 AFFIDAVIT OF INTEREST OWNERS • MINERALS AND/OR SUBSURFACE Application No. Subject Property STATE OF COLORADO ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, or from an ownership update from a title or abstract company or an attorney. Circle M Partnership The foregoing instrument was subscribed and sworn to before me this day of , 19 By WITNESS my hand and official seal . My Commission expires : Notary Public Hello