HomeMy WebLinkAbout20060570.tiff h-,
Weld County Planning Department
GREELEY OFFICE
JAN 0 6 2006
January 3, 2006 RECEIVED
Department of Planning Services
Weld County
918 10th Street
Greeley, CO 80631
Re: Case Number USR-1533
Asphalt Paving Company
NW/4 Section 25-1N-67W
Weld County, Colorado
Ladies and Gentlemen:
The undersigned are members of Country Circle, a group of neighbor ladies in southern Weld
County that has been in existence for over 50 years. We are concerned about the addition of yet
another batch plant to our neighborhood and the loss of more prime agricultural land to industrial
use. We understand that the mineral resources must be recovered before development of the
land; however, we do not believe that every gravel pit must necessarily also include a concrete
and asphalt batch plant, recycling plant, and the importation of materials.
Although most of our members do not live in the immediate vicinity of the proposed plant, we
will all be affected, primarily by the increase in truck traffic in our neighborhood. Due to the
number of batch/concrete/aggregate plants already in our area (on Highway 85, on Road 2 and
on Road 11 south of Road 6) we experience a high volume of trucks on Roads 2 and 6 which the
trucks use to go to and from the plants and Highway 85 and I-25.
As a result of the heavy trucks traveling on Road 2, it became positively dangerous until it was
fixed in 2005. The road damage was so severe, for a long time it was necessary to drive in the
center of the road to avoid the huge potholes. We do not want our neighborhood roads to
deteriorate into that condition again.
Also, as you know, Weld County is not able to provide much law enforcement in our less
densely populated area and so it is not possible to enforce speed limits or other motor vehicle
laws on our neighborhood roads.
Most of our members are dependent on individual wells for their water supply and so we
sympathize with our neighbors in Wattenberg and their concerns about the continuity and quality
of their water supply should this plant be approved.
EXHIBIT
2006-0570 ��
Department of Planning Services
Weld County
January 3, 2006
Page 2
Therefore, we request that Weld County require that any development at this site be subject to
the following in order to limit the impact on our neighborhood:
• Hours of operation limited to weekdays from 6:00 a.m. to 6:00 p.m.;
• Trucks to be routed onto Highway 85 and not west on Road 6 or Road 2;
• Residential water supplies to be protected.
• Site to be landscaped to buffer noise and minimize the industrial nature of the
development.
• Lighting should be directed only to the site;
• Dust abatement measures to be utilized, particularly for concrete dust;
We trust that Weld County will protect our neighborhood and its residents by taking our
concerns into account before making a decision regarding industrial development on this site.
Very truly yours,
Signature '\_ Printed Name Address
you�..C.....�S Arc,--- 5MQ. ccavc t4OC4n,, 3V/7d 4.teal FT an:70Al
f7 . o ,vavcy N. ticMTel? 12O4 tic-R? Rn'itrivr
ZZe '-C)%1..O? lkrna /)t// _j / 17 lit/ fr7
�L y z-v az �n/3�'Tff)! L✓di2/Ghrr �Uy� /C�E�� ��ecta zdA.,
�'ia, , D�tsc 1)e c., -)bn5on (041(3 , Ctk l e. .c
(46L kr: C -)0nn., AIL,u/a<<, , (1 ft-�+ 8173 w 1 F�uiyhfrn l0‘-03
r , i , ,"ty,,c¢,.` ` O [S SCtlJe'E(Nc2 4o?) c ,: (7 t,R..e ru gcCo3
( ' i /6, ( / i�c c._tt [ ( ( (arc] 11 ,O" CL Ed t `7 c i, /V 4 ,.1.A /c,
!"10'.t¢-r: ,._1_,...,,),,,_-_ fintimq .t Ai) .kn55a.1 1 / ) / t.t /Lc:2 c7/ A Y[
)6i 1 /WO, I�nz_ )iklawlds Z5L ukkIn PtimAcilsitcl
Department of Planning Services
Weld County
January 3, 2006
Page 3
Signature Printed Name / Address
�rcA/ y ems( API'? 2/O1/AeteAtI 15_`l4 CC25/7/,/,714,47;„
;'
--Vi 1,4,\(& (z lr-r, L:*1c,sciuEz. ?iaBCwCRA,zk t1 .1,ut)ter (°87),,zi
�l
` e Pn io't 4 4, ndJ ,,'/e;8reA; C° 6,63
P,( g- r( H zn& K. RANk Q� �,- Rco 80663
C - (S ��4. Y 4-'c'� ! 9"
,,f cam-A_��/2 < ) 1� )Q- t EVL1tl S fcrt Lc/ 11o�� CC ,3�-6a%
7SA naz.23
��� �kaC/ �(i5H�t�f t7n�tfcl it taa.prqn co ee62/
r
Gerald L. (Jerry)and Sharlene L. Krantz
P.O. Box 632 (1755 Weld County Road 23)
Brighton, CO 80601-0632 Weld County Planning Department
December 6, 2005 GREELEY OFFICE
DEC X 9 2005
RECEIVED
Michelle Martin, Planner
Weld County Department of Planning Services
918 10th St
Greeley, CO 80631
RE: Case Number: USR-1533
Dear Michelle Martin:
We received a notice to the surrounding property/mineral interest owners of a public hearing to be held
on December 20, 2005, before the Weld County Planning Commission regarding a site specific
development plan and a special review permit for a mineral resource development facility including a
Concrete and Asphalt Batch Plant, Recycling Plant, Materials Blending, Import of Materials and
Gravel Mining within five-hundred (500)feet of our property.
We have many concerns regarding this proposed development by Asphalt Paving Company that will
be across the road from our residence and property. A letter we received from Banks and Gesso, LLC
representing Asphalt Paving Company indicated that per the Weld County Assessor's records, our
property will be within 200 feet of the proposed project. We are concerned about our water well which
is our only source of water for our residence and for our cattle. How will this development
compromise our water level and water supply? We are concerned about environmental issues such as
noise, traffic, and especially the air pollution as we have health issues that would be negatively
impacted by these changes in the environment. We are also concerned about the depreciation of our
property value after this development is implemented. We know that by having this type of operation
adjacent to our property will decrease our property value and make it much more difficult to sell as
potential buyers do not want a sand and gravel mine, cement and asphalt batch plant, and recycling
plant next to their residence. Our eastern view from the front of our residence will be greatly
compromised as more than 60% of the view will be of this gravel mining operation. And last but not
least, we are concerned about our mineral rights, including gas and oil, and how our rights might be
affected by the development of this adjacent land.
Based on the information that we have received to date, we would request that a permit for this
development not be granted by the Weld County Planning Department. If you need to contact us by
phone during the day, please call Sharlene Krantz's office at 303-655-2967.
Thank you for your careful consideration.
Sincerely,
/{144*
Gerald L. and Sharlene L. Krantz
•
a co.
ntyp
r Q!9eez /an°
0Ffy°FFe oe n
c 2 0 cF pa "'ant
2005,
Date: November 2, 2005 or ea
To: Department of planning services
918 10`h Street
Greeley CO
From: Alfredo Ramirez
Subject: Asphalt Paving Company
Ref: Asphalt and concrete batch plant. Case#USR- 1533
Attention: Planning Services.
As a home owner located at the southwest corner of county road #23 and county road # 6,
I would like to express my concerns with this project.
Asphalt paving is planning to add a concrete and asphalt batch plant, also at this location
they are planning to have recycling and gravel mining in the Agricultural zone district.
I feel this substantially reduces the re-sell value of my home and I also feel this diminishes
the value of my home.
I strongly hope the Planning and services takes this into consideration when approving this
type of project.
My wife and I have spoken about this in great detail, we have concluded that we would
prefer to have this project rejected by the Planning department and remain here in our home
for many years to come, on the realistic side this project will probably go through, so my
wife and I would be willing to sit down with Asphalt Paving and see if they would
negotiate a buy out, terms can be discussed if this meeting is granted.
If we are unsuccessful in our negotiations then we will fight this project with all of our
available resources.
Please feel to contact me if you have any questions.
Very truly yours
Alfredo Ramirez
Concerned Home Owner.
1 r
-1
\4111
.1, _r.
Ur,
` y _
c. _
-� o =
z.
vvh _ in ,
N n ` ID
11 L -� w
zs
v y-
1` r\
C
J� s
Fah
Page 1 of 1
Michelle Martin
From: KITDSGN@aol.com
Sent: Friday, January 06, 2006 8:08 AM
To: Rob Masden
Cc: Mike Geile; Bill Jerke; Michelle Martin
Subject: USR#1533, Asphalt Paving, NW/4 Section 25-1N-67W, Weld County, Colorado
As 35 year residents of Weld County and living in the raped and uncontrolled cannibalization of South Weld,
you have to ask;
Why is it that you want to live and raise children in this land of junk car lots, rock crushing plants, desecrated
outdoor environment, Xcel plants emitting &spewing toxic odors with health altering sonic noise, murderess
80,000 pound out side the law thundering gravel trucks, speeding traffic on "just" passable third rate roads,
blankets of sickening raw natural gas releases, high drug traffic, no police protection or monitoring, raping of
your land with gaping pock marked un reclaimed gravel pits? Where is this all leading and for what purpose?
"COME ON OVER...IT'S A GREAT PLACE TO LIVE....enjoy the urban life in uncontrolled and the dumping
ground of South Weld County USA!!
Please for the sake of our (your) lives...save that which is precious regardless of the tax base loss....retain
what little "life quality"we have left...be strong....don't be part of a rubber stamp commission as we've had in the
past....you are entrusted with our lives...don't take that trust lightly....it's our families lives too!
Have you ever wondered how Bill Keller owner of Asphalt Paving has become a multimillionaire in just the
past 10-15 years? Ever wondered why he lives on a multimillion dollar horse ranch? Why is it that we allow
them to steal from Weld County and pocket our wealth without concern?
Thank you for your time and understanding and know we can look forward to prudent and controlled
development....it's your responsibility.
The Larry Johnson family
PS When I called the Sheriffs department regarding a 10 hour siege of gut wrenching
gas odors courtesy of Xcel three weeks ago, was asked...."why are you calling us?"
"We deal with crimes!"
So much for protect & serve...call only "after" you are dead...there went my idealistic
view and memory of the policeman helping children across the street....now the
image is...well, enough!
01/06/2006
Page 1 of 2
Carol Harding
,.. l
From: Trevor Jiricek [tjiricek@co.weld.co.us]
Sent: Friday, January 06, 2006 10:29 AM
To: Bill Jerke; Glenn Vaad; Dave Long; Carol Harding
Subject: RE: USR#1533, Asphalt Paving, NW/4 Section 25-1 N-67W, Weld County, Colorado
Bill,
Phil Brewer is going to follow up with Mr. Johnson. I'm not sure what we can do considering the alleged
violation occurred three weeks ago- but we'll check on it. As a sidenote, over the years we've rec'd several
similar letters from Mr. Johnson concerning noise issues and biosolids. The letters he writes give the
impression that he may be unreasonable but my experiences with him on the telephone is that he is very
reasonable. We'll let you know what we find out
Trevor Jiricek, M.A.
Director, Environmental Health Services
Weld County Department of Public Health & Environment
1555 N. 17th Ave Weld County Planning Department
Greeley, Colorado 80631 GREELEY OFFICE
970-304-6415, ext. 2214 (office) JAN 0 9 2006
970-304-6411 (fax)
- - RECEIVED
From: Bill Jerke [mailto:bjerke@co.weld.co.us]
Sent: Friday, January 06, 2006 9:50 AM
To: Trevor Jiricek; Glenn Vaad; Dave Long; Carol Harding
Subject: FW: USR #1533, Asphalt Paving, NW/4 Section 25-1N-67W, Weld County, Colorado
Trevor, could you look into the health issue at bottom of email and respond to contituent and Commissioners.
Glenn and Dave, I didn't see your names on the original email. Carol please include in any pending usr.
Bill
From: KITDSGN@aol.com [mailto:KITDSGN@aol.com]
Sent: Friday, January 06, 2006 8:08 AM
To: Rob Masden
Cc: Mike Geile; Bill Jerke; Michelle Martin
Subject: USR #1533, Asphalt Paving, NW/4 Section 25-1N-67W, Weld County, Colorado
As 35 year residents of Weld County and living in the raped and uncontrolled cannibalization of South Weld,
you have to ask;
Why is it that you want to live and raise children in this land of junk car lots, rock crushing plants, desecrated
outdoor environment, Xcel plants emitting & spewing toxic odors with health altering sonic noise, murderess
80,000 pound out side the law thundering gravel trucks, speeding traffic on "just" passable third rate roads,
blankets of sickening raw natural gas releases, high drug traffic, no police protection or monitoring, raping of
your land with gaping pock marked un reclaimed gravel pits? Where is this all leading and for what purpose?
"COME ON OVER...IT'S A GREAT PLACE TO L/VE....enjoy the urban life in uncontrolled and the dumping
ground of South Weld County USA!!
Please for the sake of our(your) lives...save that which is precious regardless of the tax base loss....retain
what little"life quality"we have left...be strong....don't be part of a rubber stamp commission as we've had in the
past....you are entrusted with our lives...don't take that trust lightly....it's our families lives too!
Have you ever wondered how Bill Keller owner of Asphalt Paving has become a multimillionaire in just the
past 10-15 years? Ever wondered why he lives on a multimillion dollar horse ranch? Why is it that we allow
them to steal from Weld County and pocket our wealth without concern?
Thank you for your time and understanding and know we can look forward to prudent and controlled
1/6/2006
Page 2 of 2
development....it's your responsibility.
The Larry Johnson family
PS When I called the Sheriffs department regarding a 10 hour siege of gut wrenching
gas odors courtesy of Xcel three weeks ago, was asked...."why are you calling us?"
"We deal with crimes!"
So much for protect& serve...call only "after" you are dead...there went my idealistic
view and memory of the policeman helping children across the street....now the
image is...well, enough!
1/6/2006
Page 1 of 1
Mike Geile
From: Sharkrantz@aol.com
Sent: Sunday, January 08, 2006 12:42 AM
To: Mike Geile
Subject: Opposition to Weld County Case No. USR-1533
Dear Weld County Commissioner, Mike Geile:
We are writing to let you know of our opposition to Weld County Case Number USR-1533 for
Asphalt Paving Company's application for a Site Specific Development Plan and a Special Review
Permit for a mineral resource development facility including a concrete and asphalt batch plant,
recycling plant, materials blending, import of materials and gravel mining located south of Weld
County Road 6 and east of Weld County Road 23. This development, if approved by the Weld
County Planning Commission after the public hearing on January 17, 2006, will be located within 200
feet of our home and property. Our address is 1755 Weld County Road 23 and we have lived at this
address for over 28 years (since August 1977). We are very concerned about the environmental
impact that this mining facility will have on our lives, our home and our neighborhood. We are
planning to attend the Public Hearing on January 17, 2006, before the Weld County Planning
Commission and voice our opposition to this development.
We would appreciate your consideration in reviewing this case prior to approval by Weld County.
Thank you,
Jerry and Sharlene Krantz
1755 Weld County Road 23
(P.O. Box 632)
Brighton, CO 80601
Home Phone: 303-659-0205
yield Cua',y Plom r,!nc Department
,'Y OFFICE
,IAN
1 3 2066
RECE@VED
1/12/2006
Page 1 of 1
•
Mike Geile
From: Frank, Hazel [hfrank@bjorklindley.com]
Sent: Thursday, January 12, 2006 12:59 PM
To: Rob Masden; Mike Geile; Bill Jerke; Michelle Martin
Subject: Case Number USR-1533
Asphalt Paving Company, Proposed Gravel Pit and Concrete and Asphalt Batch Plant, Wattenberg
I would like to record with you my objection to yet another concrete and asphalt batch plant in my neighborhood.
There are already plants of this nature on Highway 85 near Wattenberg and on WCR 11 south of WCR 6. The
continuing growth in our area causes continuing growth in truck traffic on our roads which are not designed for
large vehicles (little or no shoulders, and judging by the deterioration the trucks cause, insufficient underlayment).
I do not imagine that this will be the last request for a change from agricultural to industrial use in our area.
Therefore, in order for Weld County to be able to approve future requests for development in our area without
causing disaster on our roads, I would request that any approval regarding this site be restricted to mineral
resource development.
Weld County Planning Department
GRFEI..EY OFFICE
JAN 13 7006
RECEIVED
1/12/2006
Page 1 of 1
Carol Harding
From: Bill Jerke
Sent: Thursday, January 12, 2006 4:50 PM Weld County Planning Department
To: Carol Harding; Frank Hempen GREELEY OFFICE
Subject: FW: Case Number USR-1533 JAN 1 3 2006
RECEIVED
From: Frank, Hazel [mailto:hfrank@bjorklindley.com]
Sent: Thursday, January 12, 2006 12:59 PM
To: Rob Masden; Mike Geile; Bill Jerke; Michelle Martin
Subject: Case Number USR-1533
Asphalt Paving Company, Proposed Gravel Pit and Concrete and Asphalt Batch Plant, Wattenberg
I would like to record with you my objection to yet another concrete and asphalt batch plant in my neighborhood.
There are already plants of this nature on Highway 85 near Wattenberg and on WCR 11 south of WCR 6. The
continuing growth in our area causes continuing growth in truck traffic on our roads which are not designed for
large vehicles (little or no shoulders, and judging by the deterioration the trucks cause, insufficient underlayment).
I do not imagine that this will be the last request for a change from agricultural to industrial use in our area.
Therefore, in order for Weld County to be able to approve future requests for development in our area without
causing disaster on our roads, I would request that any approval regarding this site be restricted to mineral
resource development.
1/13/2006
SURFACE USE AGREEMENT
b r
This Surface Use Agreement("Agreement") is made this /off day ofJ *o/'g 20(11(and is
between ME III Corporation, a &/orado corporation, with an address of 14812 N✓. 4'" Avenue,
Golden, Colorado 80401, hereinafter referred to as "Operator", and Asphalt Paving Co., a Colorado
corporation, with an address of 14802 West 44th Avenue, Golden, CO 80403, hereinafter referred to as
the"Surface Owner".
A. Surface Owner owns the surface estate of that certain tract of land more particularly
described on Exhibit A attached hereto, being a portion of the South 'A of the Northwest '/,
Section 25, Township I North, Range 67 West, 6th P.M., Weld County, Colorado (hereinafter
referred to as the"Property");
B. Surface ownership of the Property is subject to the rights of the oil and gas mineral
leasehold estate,a portion of which is now owned by Operator;
C. Surface Owner owns the surface of and the gravel rights on the Property;
•
E. Operator currently operates the Perry#3 well (the "Existing Well") on the Property and
has the right to further develop its oil and gas leasehold estate by drilling additional wells
(hereinafter referred to as"Future Wells")on the Property;and
F. This Agreement sets forth the parties' rights and obligations regarding the relationship
between the development of the Property by Surface Owner and Operator's operation and
development of its oil and gas leasehold estate,such rights and obligations to be binding upon the
parties' successors and assigns.
In consideration of the mutual covenants contained herein, and other good and valuable
consideration,the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows:
1. AREA RESERVED FOR FUTURE WELLS.
Surface Owner shall provide Operator the spaces designated on Exhibit B (the "Oil and Gas
Operations Areas") for the Existing Well and Future Wells and for any operations conducted by Operator
in connection with the Existing Well and Future Wells,including,but not limited to,production activities,
workovers, well deepenings, recompletions, fracturing and replacement wells. Except for the space
included within the Oil and Gas Operations Areas, access and necessary easements associated with
flowlines, gathering lines and pipelines as provided in this Agreement, Operator shall not occupy the
surface of the Property except in the event of an emergency, and Operator shall be strictly and solely
responsible for any damages that may occur as a result of Operator's activity on such portions of the
Property.
2. WELL LOCATIONS AM)PAYMENT FOR DIRECTIONAL DRILLING.
Operator shall have the right to drill two Future Wells within the Oil and Gas Operations Areas as
shown on Exhibit B. Operator shall not otherwise have the right to drill new wells on the Property.
EXalB1r
16. SUCCESSORS.
The terms, covenants and conditions hereof shall be binding upon and shall inure to the benefit of
the parties and their respective heirs, devises, executors, administrators, successors and assigns. The
provisions of this Agreement shall be deemed covenants running with the land.
17. TERM.
This Agreement shall become effective when it is fully executed and shall remain in full force
and effect until Operator's leasehold estate expires or is terminated, and Operator has plugged and
abandoned an wells owned all or in part by Operator and complied with the requirements of all applicable
oil and gas leases pertaining to removal of equipment, reclamation, cleanup and all other applicable
provisions of the leases and existing laws and regulations: When this Agreement ceases to be in full force
and effect,the parties shall execute any and all releases necessary to evidence the fact that this Agreement
shall no longer apply to the Property.
18. NOTICES.
Any notice or other communication required or permitted under this Agreement shall be
sufficient if deposited in U.S.Mail,postage prepaid,addressed to each of the following:
If to Operator :
ME III Corporation
14:92 W.4`h Avenue
Golden,Colorado 80401
Attn: MascrEnsest Max.44. .rne5+ TT a
If to Surface Owner:
Asphalt Paving Co.
14802 W.441°Avenue
Golden, Colorado 80403
Attention: Jeffrey W.Keller
Any party may, by written notice so delivered to the other parties, change the address or individual to
which delivery shall thereafter be made.
19. RECORDING.
This Agreement, any amendment hereto, and any release entered into pursuant to Section 17
above, shall be recorded by Operator, which shall provide the other parties with a copy showing the
recording information as soon as practicable thereafter.
20. SURFACE DAMAGES.
In consideration of the parties' rights and obligations, as outlined herein, this Agreement shall
constitute the agreement for surface damages required pursuant to the COGCC's Rules and Regulations.
Surface Owners waive any claim for surface damages, including all damages provided by the Oil and Gas
Lease, which surface damages are to the Oil and Gas Operations Area and to any portion of the Property,
including growing crops, buildings, irrigation ditches, feed lots, fences, etc., caused by Operator's
•
operations within the Oil and Gas Operations Area or upon access roads, gathering lines, pipelines or
other easements used in connection with the Oil and Gas Operations Area. The waiver of surface
damages provided herein shall include any claim for excessive surface use insofar as the Oil and Gas
Operations Area is used to produce oil and gas from any portion of the Property or land pooled therewith.
21. ARBITRATION.
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall
be resolved by arbitration conducted in Denver, Colorado and shall be administered by the American
Arbitration Association under its commercial rules, and judgment on the award rendered by the
arbitrator(s)may be entered in any court having jurisdiction thereof.
22. APPLICABLE LAW.
This Agreement shall be governed by and construed in accordance with the laws of the State of
Colorado,without reference to its conflict of laws provisions.
23. ENTIRE AGREEMENT.
This Agreement sets forth the entire understanding among the parties regarding the matters
addressed herein, and supersedes any previous communications, representations or agreements, whether
oral or written, concerning the subject matter of this Agreement which in any way relate to or encumber
all or any portion of the Property. This Agreement shall not be amended, except by written document
signed by all parties.
24. EXECUTION AND BINDING EFFECT
This Agreement may be executed in any number of counterparts each of which shall be deemed
an original instrument but all of which together shall constitute one and the same instrument, and shall be
binding upon and inure to the benefit of the parties, and each of their respective heirs, executors,
administrators, successors and assigns and is executed by the parties as of the Effective Date set forth
above.
The parties have executed this Agreement on the day and year first above written.
ME III CORPORATION.
By: fl ( f J
Its: S 1
ASPHALT PAVING CO.
By:
. KEL ER
STATE OF COLORADO )
)ss.
COUNTY OF )
SulncribedV to and m _to before me this day o wu , 200>o by
fl Yl its h1x as � of ME III Corporation,a corporation.
Witness my hand and official seal.
My commission expires: 7--9`t-G`7
Vrtli rson r--- I
a(pearyTu6Gc et/61-nn ( cate• J
,pixti.Of CQLORQiDO Notary Public
Caron Eap 7-24-09
STATE OF COLORADO .)
ss.
COUNTY d�F� )
Subscribed)to and .s to before me this 1oz`" day a 24i-4-la/Loa 20(16 by
' wa ,c_1.` i 1 h' as , ,r h xr of Asphalt Paving Co.,a Col do corpo on.
"�
Witness my hand and official seal.
My commission expires: 7y"�
Sitslln aarxt `•� nee J.1.41/4_,
Spin OF OLO Notary Public
Db
Caron tip 7-24-49
EXHIBIT A
"Legal Description"
South 34 of the Northwest 1/4 Section 25, Township 1 North, Range 67 West, 6`"
Principal Meridian, County of Weld, State of Colorado; listed in the Weld County
Assessor's Office as Parcel No. 146925000002.
. g z
s
< a
g Pig an igi fib ill
ai I ; ll
�� I I � Il.i ₹
--00401,---a- I -�@�S I 13 S 1=1 0 8
RE I ®® 11 I I.IIJ m i y
3 it1 ki tt i
• 13 I g I Ill
!d
11-
11I LIai N
II_ gi9.a
gg
ill 91
inR
-
i
..,
� , t� III I.
�� :it " �,
• I# 1II It
9 i Ili
li
i N I
4 !g I i II
5 55
h II
ygI
i I �;�F: 11.11- III
O3,, z'.IIII, II 7p ,-�
p
I I . 1 1 I� 3 .1 I# I it
! i
A
IIIi. II IA II < a III �s n
.I /35 I ,, . ,
-� I , ; II li
I _f"`ri t ' cLL2 - c„... ,n rrrf.�4�, , ,
-- Banks and Gesso, LLC 720 Kipling St.,Suite117
■■ Lakewood, Colorado 80215
(303) 274-4277
Fax (303) 274-8329
www.banksandgesso.com
Memorandum
Weld County Planning Department
To: Michelle Martin, Weld County Planning Dept. GREELEY OFFICE
CC: Jeff Keller,Asphalt Paving Company JAN 1 0 2006
Stan Opperman, Asphalt Paving Company RECEIVED
From: Maureen Jacoby,Banks and Gesso, LLC
Date: 1/5/2006
Re: USR-1533;Asphalt Paving Company—Wattenberg West Mine
Dear Michelle:
You have requested information regarding Asphalt Paving Company's plans to dewater the mine site,
more specifically related to the discharge location. Asphalt Paving Company(APC)has two
dewatering options:
1. Discharge to the South Platte River via an existing siphon pipe at the SE corner of the
property, and thence through a ditch system across property now owned by Consolidated
Mutual Water Company(but currently mined by APC under USR-921). Attached please
find photos of the existing siphon pipe ends—both from the APC property and from the
Consolidated Mutual property,plus a copy of the Special Warranty Deed granting APC non-
exclusive easement to transport water across the Consolidated Mutual property. The actual
discharge location into the river will either be through Consolidated's outfall, or via a
second outfall location permitted through the State Water Quality Control Division and the
Army Corps of Engineers.
2. Discharge into the Brighton Ditch at the SW corner of the site,per future agreement with the
Brighton Ditch Board. APC is a shareholder in the Brighton Ditch(as described in
Appendix B of this USR application), and believes,based on past discussions with board
members, that the Brighton Ditch would be amenable to such a plan. It is unlikely that APC
will be able to finalize a discharge agreement with the Brighton Ditch prior to the County
hearings,however,due to the infrequency of meetings and the time necessary to prepare and
review engineering work associated with discharge plans. APC commits(both here and via
the pending Division of Minerals and Geology permit application#M-2005-066)to refrain
from discharging into the Brighton Ditch until such Agreement is signed. As you probably
know, water impact issues are regulated through the State, and APC will comply with all
State permitting requirements related to dewatering discharge.
MOW1
January 5, 2006
Please note that only one discharge point is necessary for the operation of the proposed project. APC
may choose to use one or both options during various mining phases,pending the acquisition of
required agreements and permits. Also,the installation of the slurry wall will be done prior to
exposing groundwater in Phases 2 and 3. This means that there will not be any groundwater recharge
to the pits after the existing water is pumped out-thus minimizing pumping and discharge amounts,
and reducing losses to the groundwater system.
I hope that this information is helpful to your understanding and support of this project. If you have
questions or would like additional information,please feel free to call me or Paul Banks. Thank you.
Maureen Jacoby
2
M
11:4.r -aka
fT'>
y C.
-•- .4,0 4e n x k5;. , t er..
- . .rasY.4, .••,
_+r"_ .o..w a"le - ,% _ .C _ CO.
E
O
�T gi
; d 3
TM ( t4, ■ , TaY
w ; +7„ o
i
a) C. a J Ve, o
ra
y w
co
ER a0.. d > ..„ ''� a1,711.:1,,,..!..,,rc
fn O ', v P 4,",' .' t V
O mo � yU III v � O
0. 11 C w .x �,. t' t v E.
Wit — LLw
r m
a c 4 a�
O o R
� y + s �
C. . 4 , i i " }, .i t 1
'
to c ..
r x.
so
•.
U
W �y3a p, A. rte aw
C..6
v, 2a E w
r .f O
�C .. t t- U c
$R a
ao
0
L
v " A : \ - -
a ' # g I e
O
ri' -.......r.
SPECIAL WARRANTY DEED
THIS DEED,dated November 15,2001
between ASPHALT PAVING COMPANY,a Colorado corporation
of the County of Jefferson,State of Colorado,Grantor and
THE CONSOLIDATED MUTUAL WATER COMPANY
whose legal address is: 12700 West 27'"Avenue,Lakewood,
Colorado 80215
of the County of Jefferson,and State of Colorado,Grantee,
WITNESSETH, That the Grantor, for and in consideration of the sum of:
DOLLARS,
the receipt and sufficiency of which is hereby acknowledged, has/have granted, bargained, sold and
conveyed, and by these presents does grant, bargain, sell, convey, and confirm, unto the Grantee its assigns
forever, all the real property, together with improvements, if any, situate, lying and being in the County of
Weld and State of Colorado, described as follows:
SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT A HERETO AND MADE A
PART HEREOF BY THIS REFERENCE
Together with:
1. The water storage right adjudicated in Case No. 97CW390, District Court for Water
Division No. 1, State of Colorado, for Wattenburg Reservoir;
2. The non-tributary rights associated with the property described in Exhibit A being
114.25/202.62 of the rights adjudicated in Case No. 99CW 109, District Court for Water
Division No. I, State of Colorado;
3. The Grantor's interest in the oil and gas leases on the property described in Exhibit A.
Reserving.in the Grantor a non-exclusive easement not less than thirty (30)feet in width for the
construction,operation, and maintenance of a pipeline sufficient in size to carry ten(t 0)second feet of
water, which pipeline shall be installed within the southerly or easterly ten(10)feet of said easement, the
south or east line of said easement being described as follows:
1. Starting at the southwest corner of Parcel 6 as described in Exhibit A, then proceeding easterly
along the south line of said Parcel 6 to the southeast corner of said Parcel 6;
2. Then proceeding northerly along the east line of said Parcel 6 to the south line of Parcel 7 as
described in Exhibit A;
3. Then proceeding easterly to the southwest corner of Parcel 2 as described in Exhibit A;
4. Then proceeding easterly along the south line of said Parcel 2 to the southeast corner of said
Parcel 2;
5. Then proceeding easterly along the south line of Parcel 3 as described in Exhibit A to the point
where the north line of that electric transmission line easement recorded at Book 1301, Page
72, Weld County Clerk and Recorder's Office, intersects the south line of said Parcel 3;
6. Then along the north line of said electric transmission line easement to the west bank of the
South Platte River;
7. Then proceedir Is necessary, northerly along the west ban 'the South Platte River to an
appropriate point of discharge, not to exceed a distance of three hundred(300)feet.
Grantee agrees not to conduct activities within the same easement that would impair or interfere with
Grantor's intended use of same. It is expressly understood that Grantee may construct, operate, and
maintain the proposed slurry wall within the northerly or westerly 20 feet of said easement.
And further reserving in the Grantor the right to continue to mine the sand and gravel and minerals
other than oil and gas from the reservoir site on the property described in Exhibit A, in accordance with all
amended and approved permits, including but not limited to the Weld County Special Use Permit, DMG
mining permit, and ACOE Section 404 permit, until the resource is depleted.
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in
anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits
thereof; and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or
equity, of, in and to the above bargained premises, with the hereditaments and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described with the
appurtenances, unto the Grantee and its assigns forever. The Grantor, for itself, its heirs and personal
representatives or successors,do(es)covenant and agree that it shall and will WARRANT AND
FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the Grantee
and its assigns, against all and every person or persons claiming the whole or any part thereof, by, through
or under the Grantor, except taxes and assessments for the year 2001, and all subsequent years, and those
easements, covenants, restrictions, and rights of way of record.
IN WITNESS WHEREOF, The Grantor has executed this deed on the date set forth above.
ASPHALT PAVING COMPANY,
a Color do corporation
By
}fr a er, Pres' ent
STATE OF COLORADO ),
COUNTY OF • - _ry )
The foregoing was acknowledged before me this 15th day of November, 2001, by Jeffrey W. Keller as
President of Asphalt Paving Company,a Colorado corporation.
My commission expires- IC•11.OZ
Witness my hand and official seal. ) Z
Notary Public
ARY P. 4
Name and Address of Person Creating Newly Created Legal Description(§38-35- 6.5, comt1DA
Description of Non-Exclusive Easement for Pipeline Created by: c,.. BAESSLEH
Richard Gossett F0F N.S.
Bell Surveying Company
500 Kalamath St.
Denver, CO 80204
Drawing No. 0105102A
•
Special Warranty Deed.
Page 1 of 3 TRANSNATION TITLE INSURANCE COMPANY
Commitment No. : 8054569
LEGAL DESCRIPTION
PARCEL 2:
All that portion of the NE1/4 of Section 25, Township 1 North, Range 67
West of the 6th P.M. , County of Weld, State of Colorado, described as
beginning at the Northeast corner of said quarter section;
thence running West along the North line of said Section 25 a distance of
565 feet, more or less, to the Northeast corner of the Town of
Wattenberg, according to the recorded plat of said town;
running thence South 11 degrees 32 minutes East 400 feet to a point;
running thence South 36 degrees 28 minutes West 217 . 06 feet to a point;
(said last two courses being the East boundary lines of Blocks 1 and 2,
Town of Wattenberg)
thence South 89 degrees 28 minutes West along the South boundary lines of
Blocks 2, 3 and 6 of said town 592 feet;
thence South 48 degrees 30 minutes West 254 feet;
thence South 76 degrees West 202 feet, more or less, to the Easterly
right of way line of The Denver, Laramie and Northwestern Railway as said
right of way is shown on said plat;
thence Southerly along said East boundary line of said right of way 860
feet to a point;
thence South 78 degrees East 354 feet;
thence South 89 degrees East 200 feet;
thence North 49 rees 45 s East 260 thence South 89 degrees East 1834e efeet, more or less, to the East boundary
line of said NE1/4;
thence North along said East boundary line of said NE1/4 1543 feet, more
or less, to the point of beginning.
EXCEPT that part thereof included within a parcel of land conveyed to F.
Haarmann in Warranty Deed recorded in Book 463 at Page 389.
AND EXCEPT that part thereof included within a parcel of land conveyed to
Weld County, Colorado in Warranty Deed recorded in Book 1213 as Reception
No. 2159173 .
PARCEL 3 :
All that portion of the W1/2 of the NW1/4 of Section 30, Township 1
North, Range 66 West of the 6th P.M. , County of Weld, State of Colorado,
described as beginning at the Northwest corner of said Section 30;
thence running due South 1543 feet;
thence South 89 degrees 30 minutes East 1320 feet;
thence due North 1543 feet;
thence North 90 degrees West 182 feet to the South Platte River;
thence South 60 degrees 45 minutes West 235 feet across the South Platte
Special Warranty Deed
Page 2 of 3
TRANBNATION TITLE INSURANCE COMPANY
Commitment No. g 8054569
LEGAL DESCRIPTION
River;
thence North 63 degrees West 280 feet;
thence North 90 degrees West 783 feet to the Point of Beginning.
PARCEL 4:
All that part of the NE1/4 of Section 25, Township 1 North, Range 67 West
of the 6th P.M. , County of Weld, State of Colorado, described as
beginning at a point on the North line of said NE1/4 of Section 25 which
is 1247.14 feet East of the Northwest corner of said NE1/4;
running thence North 89 degrees 28 minutes East 872.39 feet along the
North line of said quarter section;
thence South 11 degrees 32 minutes East 400 feet;
thence South 36 degrees 28 minutes West 217.06 feet;
thence South 89 degrees 28 minutes West 817.71 feet;
thence North 00 degrees 32 minutes West 556 feet to the Point of
Beginning;
EXCEPT that portion thereof included within a parcel of land conveyed to
Weld County, Colorado in Warranty Deed recorded in Book 1213 as Reception
No. 2159173 .
PARCEL 6:
All that part of the NE1/4 of Section 25, Township 1 North, Range 67 West
of the 6th P.M. , County of Weld, State of Colorado, described as
beginning at a point on the Westerly right of way line of The Denver,
Laramie
said Section N25t bears eNorth rn 132a degrees y from w50nminuteshece theNWest orthQ17739.2rfeet; of
thence South 37 degrees 13 minutes West 1499 feet, more or less, to the
South line of said NE1/4;
thence North 89 degrees 54 minutes East 1014 feet, more or less, to a
point on the West line of said railroad right of way;
thence North 1 degree 14 minutes West 974 feet, more or less, to a point
on the North bank of a drain ditch;
thence Southwesterly along the North bank of said ditch to a point 213
feet South of the point of beginninv;
thence North to the Point of Beginning.
EXCEPT that portion thereof included within a parcel of land conveyed to
C.W. Stonestreet in Warranty Deed recorded February 25, 1921 in Book 619
at Page 481.
EXCEPT that portion thereof included within a parcel of land conveyed to
Pearl Funk in Quit Claim Deed recorded in Book 1067 at Page 450.
Special Warranty Deed •
Page 3 of 3 TRANSNATION TITLE INSURANCE COMPANY
Commitment No. : 8054569
LEGAL DESCRIPTION
AND EXCEPT that portion thereof conveyed to Wattenberg Improvement
Association, Inc. in Quit Claim Deed recorded in Book 638 as Reception
No. 1559756.
PARCEL 7:
That certain parcel of land located in the NE1/4 of Section 25, Township
1 North, Range 67 West of the 6th P.M. , County of Weld, State of
Colorado, being 50 feet wide on the East aide and 130 feet wide on the
Wand est side of the center line of the right of way of The Denver, Laramie
Northwestern
Section ay Company s 25, said lcenterly alinetedobeingamcros
ores and
particularly described as follows:
Commencing at a point on the North line of said NE1/4 of said Section 25
which is 1047 feet East of the Northwest corner of said NE1/4 of said
Section 25;
thence South 1 degree 14 minutes East on said center line 785 feet to the
True Point of Beginning;
thence South 1 degree 14 minutes East to the North bank of a certain
drain ditch as the same is located on and through said NE1/4 of said
Section 25.
EXCEPT that portion thereof conveyed to Tony D. Alatore and Henrietta
Alatore in Warranty Deed recorded September 13, 1995 in Book 1511 as
Reception No. 2455330.
PARCEL 8 :
A strip of land 100 feet wide, being 50 feet wide on each side of the
center line of the right of way of The Denver, Laramie and Northwestern
Railway Company as originally located over, across and through the S1/2
of the NE1/4 of said Section 25, said 'center line being more particularly
described as follows:
Commencing at a point on the North line of said NE1/4 of said Section 25
which is 1047 feet East of the Northwest corner of said NE1/4;
thence South 1 degree 14 minutes East on said center line 1806 feet, more
or less, to a point on the South bank of a certain ditch as the same is
located on and through said NE1/4 of said Section 25, the True Point of
Beginning;
thence South 1 degree 14 minutes East 854.5 feet, more or less, to a
point on the South line of the NE1/4 of said Section 25.
Weld County Planning Commission
Public Hearing on January 17, 2006
RE: Case Number: USR-1533
Good Afternoon. My Name is Sharlene Krantz and my husband and I live at 1755 Weld County
Road 23. I am here to speak in opposition of USR-1533.
We have many concerns regarding this proposed development by Asphalt Paving Company that
will be located directly across the road to the east of our residence and property. We have lived at
this location for 28 1/2 years and we feel that our lives and life style will be greatly compromised by
this proposed development.
1. We are concerned about our water well located on our property which is our only source of
water for our residence and for our cattle. We have been told that the applicant, Asphalt
Paving Company, will put in a slurry wall but will that insure 100%that our water supply
will not be affected? What legal recourse do we have if there are problems with our water
well after the mining development is in operation?
Request: Prior to scheduling a hearing with the Board of County Commissioners,we
would like a written agreement in place with the applicant clearly stating how the
applicant will mitigate any negative impacts to our water well, such as being depleted,
lowered or damaged. We think the applicant should have to do a baseline assessment
of our well and monitor the well on a bi-annual basis to ensure both the quantity and
quality of our well water.
2. We are concerned about environmental issues such as:
> Noise—we purchased our property because we wanted to live in a quiet country
neighborhood in an agricultural zone but it will no longer be quiet with massive
equipment and trucks running all day long.
Request: Since this is in an agricultural zone, adjacent to an unincorporated
town, and a project requiring a special use permit, I ask that Development
Standard #8 be change to "maximum permissible noise levels allowed in the
Agriculture Zone."
> Traffic—we are concerned about trucks transporting materials in and out of the
gravel mine and onto adjacent roadways—possibly even the road we live on—Road
23. The applicant has said that the traffic flow would be directed in and out onto Road
6 which has been dangerous due to the traffic speed on that road. Regardless of the
posted speed limit, the traffic moves much faster!
Request: The speed limit at the site access to WCR 6 is reduced to 35 mph. This
is the same speed on WCR 6 as you pass through the town of Wattenberg.
> Air pollution—dust from truck traffic and other mining operations is a concern. If a
batch plant and concrete recycling plant is installed, airborne particles of cement and
other chemicals could be harmful to anyone living in close proximity. EXHIBIT
C20
3. We are also concerned that our property value will depreciate after this development is
implemented. As I said earlier, we have lived at this location for over 28 years and we feel
that by having this type of operation adjacent to our property that it will make it much more
difficult to sell our property as potential buyers do not want a sand and gravel mine let alone
a cement and asphalt batch plant, and recycling plant next to their residence.
While I, to some extent, understand the need to get the gravel resources from the ground, I
do not understand why our community in south Weld County may yet again be selected for
another gravel mine considering the large number of mining pits already in the vicinity. At
the very least, we should not have to accept an asphalt batch plant and a concrete recycling
plant. Both plants add to the negative impact of this proposal to the entire area.
Request: Do not allow the concrete and asphalt batch plant and recycling plant as part
of this USR. Both are incompatible uses with the neighborhood and surrounding
community.
4. Our eastern view from the front of our residence will be greatly compromised as more than
60% of the ground view will be of this gravel mining operation. (I have pictures.) The
applicant told us that he will put up birms or landscaping to help diminish our view of the
gravel mine but currently there is no landscaping drawn in the plans between our property
and the proposed mine development. Due to the upward slope of our land, landscaping will
do little to hide this development from our view because we look down on it.
Request: In 1C of the conditions require additional irrigated landscaping along the
western boundary line of the proposal to mitigate the negative impact of looking at a
gravel operation.
5. We are concerned about our legal mineral rights, including gas and oil, and how our rights
might be affected by the development of this adjacent land. To date, no one has given us
any indication of how they might be affected.
6. We are concerned about how the development will look and be maintained after the mining
operation is finished in 15 to 20 years. We don't want an view of a gravel pit for the rest of
our lives.
Request: An Additional Development Standard to address the long-term maintenance
of the reclamation. We also request the landscaping plan take into account the
surrounding neighborhood and community IE. We do not want to feel as though we
live in a gravel pit. Perhaps a system of trails could be established.
Based on the information we have received to date, we are opposed to case Number USR-1533 for
Asphalt Paving Company's permit for this mining development. We appreciate your consideration
of our remarks and requests.
Respectfully submitted,
Jerry and Sharlene Krantz
1755 Weld County Road 23 �'
•
WELD COUNTY PLANNING COMMISSION
'UBLIC HEARING
RE : USR 1533
HELLO, MY NAME IS HUGH HAWTHORNE AND I HAVE LIVED AT 1771 WCR 23
FOR 15 YEARS .
I AM HERE IN OPPOSITION TO USR-1533 . ADDITIONALLY, I HAVE SIGNATURES
OF SEVERAL OF MY NEIGHBORS ALLOWING ME TO SPEAK ON THEIR BEHALF, THEY
TOO ARE IN OPPOSITION TO THE APPLICATION BEFORE YOU TODAY .
I UNDERSTAND THE NEED FOR GRAVEL MINING OPERATIONS BUT IT SEEMS TO
ME GIVEN THE LARGE NUMBER OF GRAVEL MINING OPERATINS IN SOUTH WELD
COUNTY ALONG THE SOUTH PLATTE AND HIGHWAY 85 CORRIDORS WE HAVE
DONE OUR SHARE OF CARRYING THE BURDEN. THERE ARE 72 MINING PITS IN THE
VICINITY (INCLUDING FORT LUPTON AREA) AND SEVERAL OTHERS PENDING -
THEY ARE IMMENSLY AFFECTING THE QUALITY OF LIFE IN OUR AREA.
( INFORMATION IS FROM THE DIVISION OF MINERALS AND GEOLOGY, COLORADO
DEPARTMENT OF NATURAL RESOURCES . )
THERE HAVE BEEN SIMILAR APPLICATIONS FOR MINING OPERATIONS PROPOSED
IN THE AREA THAT HAVE BEEN DENIED BASED ON ISSUES OF INCOMPATIBILITY .
WE DO LIVE IN AN AGRICULTURE ZONE, HOWEVER, PAST LAND USE OF THE
COUNTY HAVE ALLOWED FOR LINEAR SUB-DIVISIONS AND THE UNINCORPORATED
TOWN OF WATTENBERG CREATING MORE OF A RESIDENTIAL ENVIRONMENT.
- I UNDERSTAND THERE ARE CONDITIONS OF APPROVAL AND DEVELOPMENT STANDARDS
BEING RECOMMENDED BY THE PLANNING STAFF. I COMMEND THE STAFF FOR
TRYING TO MITIGATE THE NEGATIVE IMPACT BUT WE JUST ARE NOT GETTING
FAR ENOUGH.
I AND MY NEIGHBORS ARE ASKING YOU DENY THE APPLICATION BASED ON
ISSUES OF INCOMPATIBILITY, INCREASED TRUCK TRAFFIC RESULTING IN UNSAFE
ROAD AND TRAVELING CONDITIONS, POOR ACCESS TO THE SITE AGAIN RESULTING
IN UNSAFE TRAVELING CONDITIONS, NOISE, ODOR, TOXIC AND DAMAGING DUST
FROM THE CONCRETE BATCH PLANT, THE RECYCLING PLANT AND THE PROCESSING
PLANT, ILLEGAL DUMPING AT THE SITE AND WELL WATER PROBLEMS .
SHOULD YOU FEEL COMPELLED TO APPROVE THIS APPLICATION THEN MY NEIGHBORS
AND I REQUEST THE FOLLOWING FOR CONSIDERATION:
1 . AT THE VERY LEAST DENY THE CONCRETE AND ASPHALT AND RECYCLING PLANTS .
THESE ARE NOT NEEDED FOR THE MINING OF GRAVEL, THEY ONLY MAKE THE
PROPOSAL UNLIVIBLE FOR THE SURROUNDING PROPERTY OWNERS AND THE WHOLE
COMMUNITY . THE ODOR FROM THE ASPHALT BATCH PLANT CANNOT BE CONTAINED
AND IS NOT COMPATIBLE WITH THE NEIGHBORHOOD. THEY CREATE A SILICA DUST
THAT HAS BEEN PROVEN TO BE TOXIC . SILICA IS THE SECOND MOST COMMON
MAJOR COMPONENT OF SAND, ROCK, AND MINERAL ORES . MOST CRYSTALLINE
SILICA COMES IN THE FORM OF QUARTZ AND, OF COURSE, CONCRETE CONTAINS
QUARTZ IN THE FORM OF SAND AND AGGRAGETE .
EXHIBIT
WELD COUNTY PLANNING COMMISION
PUBLIC HEARING
RE : USR 1533
PAGE 2
PERVAILING WIND IN THE AREA BLOWS FROM THE NORTHWEST. THE TOWN
ON WATTENBERG IS DIRECTLY DOWN WIND FROM ALL ACTIVITIES AT THE
PROPOSED SITE .
2 . NEXT, THE APPLICANT HAS STATED ITWILL NOT INCREASE TRUCK TRAFFIC
GOING RIGHT BY THE TOWN OF WATTENBERG. THE APPLICANT SHOULD NOT BE
ALLOWED TO MOVE THE PROCESSING PLANT FROM THE PERRY PIT TO THIS PIT.
THE APPLICANT IS PROPOSING TO MOVE 225, 000 TONS OF MATERIAL ON THAT
SMALL STRETCH OF WCR 6 BACK AND FORTH IN FRONT OF WATTENBERG. THAT
CALCULATES TO 9000 LOADED TRIPS, CONSIDERING ALL TRUCKLOADS ARE WITHIN
WEIGHT REQUIREMENTS . THIS WILL ONLY INCREASE THE OPPORTUNITY FOR
MORE ACCIDENTS ON A STRETCH OF ROAD THAT HAS LIMITED SIGHT DISTANCE
BECAUSE OF THE CURVE AND SEVERAL MORE VEHICLES ENTERING, ONTO WCR 6 .
3 . THE APPLICANT SHOULD BE REQUIRED TO CLOSE THE OPERATIONS AT THE
PERRY PIT BEFORE COMMENCING OPERATIONS AT THE PROPOSED NEW SITE .
HAVING YET ANOTHER PIT IN OPERATION IS UNBEARABLE FOR THE SURROUNDING
COMMUNITY AND IT IS NOT NECESSARY . THERE SHOULDN; T BE ANY OVERLAP
IN OPERATIONS . A CONTINUOUS ROW OF GRAVEL PITS IS NOT COMPATIBLE
WITH THE NEIGHBORHOOD AND NOT CONSISTENT WITH THE WELD COUNTY
COMPREHENSIVE PLAN.
4 . THE APPLICANT SHOULD BE REQUIRED TO DO A NEW STUDY OF THE INTERSECTION
AT HWY 85 AND WCR 6 AND THEN MAKE ANY NECESSARY IMPROVEMENTS TO THE
INTERSECTION.
THE NECESSARY IMPROVEMENTS SHOULD BECOME PART OF THE CONDITIONS OF
APPROVAL. THE LAST STUDY WAS DONE OVER 5 YEARS AGO PRIOR TO
THIS PROPOSAL AND INCREASED DEVELOPMENT ALONG WCR 6, WCR 8, WCR 23
AND THE HWY CORRIDOR .
5 . THE APPLICANT SHOULD BE REQUIRED TO DO AN ACCESS STUDY TO THE
PROPOSED SITE AND THEN FOLLOW THE RECOMMENDATIONS. THE RECOMMENDATIONS
SHOULD BECOME PART OF THE DEVELOPMENT STANDARDS AND THE ROAD IMPROVEMENTS
PLAN.
WCR 6 IS CONSIDERED AN ARTERIAL ROAD, WHY DOESN' T THE APPLICANT NEED TO
GET AN ACCESS PERMIT FROM THE COUNTY? THE PROPOSED ACCESS IS ONLY 700 FT.
FROMWCR 23, ON A HILL WITH LIMITED SITE DISTANCE . (SEE ENCLOSED PICTURES)
ADDITIONALLY, THERE HAVE BEEN NUMEROUS ACCIDENTS AT THEINTERSECTION WCR 23
AND WCR 6 . WHEN TRAVELLING EASTBOUND ON ROAD 6 IN WINTER, ICY CONDITIONS
WILL BE VERY DIFFICULT FOR THE TRAVELING PUBLIC TO STOP SHOULD A TRUCK
BE TURNING INTO THE PROPOSED SITE . NOT TO MENTION THEY WON' T EVEN
SEE THE TRUCKS UNTIL THEY COME UP OVER THE HILL AND ARE RIGHT ON TOP OF
THEM. THE ACCESS TO THE SITE IS NOT IN A GOOD LOCATION AND CAUSES A
GREAT DEAL OF SAFETY CONCERNS FORANYONE TRAVELING ON WCR 6 . ADDITIONALLY,
THE TRUCKS ENTERING AND LEAVING THE PROPOSED SITE SHOULD NOT BE ALLOWED
TO USE JAKE BRAKES - THEY ARE LOUD AND OBNOXIOUS . RUMBLE STRIPS ALSO
CAUSE EXCESSIVE NOISE .
WELD COUNTY PLANNING COMMISSION
PUBLIC HEARING
RE : USR 1533
PAGE 3
6 . WE ARE CONCERNED FOR THE SAFETY OF OUR NEIGHBORS AND THEIR
CHILDREN, THEREFORE WE REQUEST YOU LIMIT THE HOURS OF OPERATION FOR
THE FACILITY AND UNDER ONLY EXTREME CIRCUMSTANCES OF DISTRESS
ALLOW THE HOURS OF OPERATION TO BE EXTENDED. WE AGREE WITH THE HOURS
PROPOSED BY STEPHANIE ARCHULETA.
7 . GRAVEL MINING OPERATIONS HAVE BEEN KNOWN TO DRY UP WELLS .
THE APPLICANT SHOULD BE REQUIRED TOLOCATE ALL WELLS WITHIN THE
AREA, DO A BASELINE ASSESSMENT, DEVELOP A MONITORING PLAN AND
THEN MAKE AGREEMENTS WITH WATER WELL OWNERS SHOULD WATER BE
BE DEPLETED, LOWERED OR DAMAGED.
AN EMERGENCY WATER PLAN IS NOT ENOUGH. WE SHOULD NOT BE EXPECTED TO
GO WITHOUT WATER FOR SO MUCH AS A DAY - THAT WOULD BE A NEGATIVE
IMPACT WE CANNOT LIVE WITH.
AGAIN, I AND THE PEOPLE FOR WHOM I SPEAK ARE OPPOSED TO THIS
APPLICATION (USR-1533) FOR THE REASONS STATED. I APPRECIATE YOUR
LISTENING TO OUR CONCERNS . WE ARE JUST ASKING FOR OUR QUALITY OF
LIFE TO NOT BE IMPACTED IN SUCH A MANNER THAT WE CANNOT ENJOY OUR
NEIGHBORS AND OUR COMMUNITY.
PHOTOS FOR
CASE NUMBER
R-1533
•
tE , •y' x� ,.,
1 OF 3 •
••
4
d
a` s e '',1"
e d faF'Vfrs.9
N 4 h 9 i ,F *$ �, � w. .
tot
a��5 irtn L��i ihr ft5 mb•tarot '� x
U
and ',V ..Y ° 5sk Ya friu l��"1,- ra rt ' 14
TRAVELING EAST ON ROAD 6 - 700 FT WEST OF INTERSECTION 6 & 23 .
BLIND INTERSECTION . CANNOT SEE PROPOSED ENTRANCE TO GRAVEL PIT.
r_
gyp,
� ��"w$+ � � A �' �° '�`•}- £ � TMs` "� _ ` �r �:al
T -44:•044t044 '0
U h44"kny,
tii.}st l"n du 1' t T�y
TRAVELING EAST ON ROAD 6 - 470 FEET WEST OF INTERSECTION 6 & 23 .
CANNOT SEE PROPOSED ENTRANCE TO GRAVEL PIT .
PHOTOS FOR
CASE NUMBER
R-1533 ,.
? .1, I7
2 OF 3
1 a
�ay
L
Y A.t4s r ..•: 5, :., ,
,
/
a
TRAVELING EAST ON ROAD 6 - 285 FEET WEST OF INTERSECTION 6 & 23 .
PROPOSED ENTRANCE TO GRAVEL PIT 175 FT . EAST OF GREEN TANK .
iS
i
1
•
Q k •
1 -._. • a / «�. ..31•! t .# .`
+•eYi1F •e:3l. � Mf�4+"-`a-..'� s. .1 ., �,m� 1k:«v
1
a „
lit+. •
fw
TRAVELING EAST AT INTERSECTION OF 6 & 23 . PROPOSED ENTRANCE
AT BOTTOM OF HILL 175 FEET EAST OF GREEN TANKS .
PHOTOS FOR
CASE NUMBER
USR - 1533
3 OF 3
• s • ads
L
T
`al \}Y 174 . ,, I r ' •�\
k;+x d Ya"7 's �y ''4+'•�ty Yi 3.y� ' r ...
` '.. "' '>' ate#1 &a h
'E.G7
..'04"A
+ad s1�
c ,
r
x;a•
i... ..• . . a S_'{ W`..iaF✓ah..n�e.;v aid..t�....� 1 .i. _ .� r s}Win
TRAVELING WEST AT PROPOSED ENTRANCE TO GRAVEL PIT
700 FEET EAST OF INTERSECTION 6 & 23
I AM AGAINST ASPHALT PAVINGS REQUEST FOR A BATCH PLANT, RECYCLING
PLANT, MATERIALS BLENDING, IMPORTING OF MATERIALS SOUTH AND ADJACENT
TO COUNTY ROAD 6 AND EAST OF AND ADJACENT TO COUNTY ROAD 23 . ALSO
REFERRED TO AS CASE NUMBER USR-1533
I HEREBY AUTHORIZE HUGH HAWTHORNE TO SPEAK ON MY BEHALF CONCERNING
WELD COUNTY PLANNING COMMITTEE MEETINGS AND ANY COMMISSIONER MEETINGS
DISCUSSING CASE NUMBER USR-1533
V
NAME (SIGNATURE) PRINT 1 ADDRESS PHONE NUMBER
1 ko-la,,. *�O.r.-v. l-I elxASeK. If ) (,-,3 e_12.,,,1 ir;q�QQ Ton 3o3-659'3174• 2 arn AL51-in kyrc 9732 G/ear if s, 303 659 .335/
3 -o--C._ d--(.JZ AL„e 8)d sf/,d /ll y r o f o-7/1- . A31O s 70 5-3
‘ ,
5 CPrG 9 Q L&('4° z/ iJ y,'e_34.,
- -UPPei
Q�
6 „ A -) /77/ u,C/C Z, 30 ‘�t!1r`I//
� Al la.na Re. di t /
l�Lt� e 1(, zo W cC a i 1j r c q r\ 363-1Z6 -0127
8 t i /0'54.3 0 k 4, jr,dtif7c7 ,3Og-M7-6.00?
9 atise,, / /03'70 amth .AD ga,6 -/-AP r,
xee„,44tR.es, g •
10 / .C'O f - S3 .,
11 /il'lL///1 ekrt ICI A •SRill )434 4400e 15 ee iyn7a4J,6 SOS -66$-Afl
12 %19/frh G In iiivkr 23(01 CUc,GZ3 t14 3a3-1n3-/ KOs-/
i) X_ �- ›......401, 5fe✓z. 2c4,-7),..- 236-Wc f;3 Lif}ark (,303)6551-,}0:/
14
Good Afternoon.
My name is Stephanie Archuleta and my husband and I have lived at 1621 Caroline Avenue in the
Town of Wattenberg for 23 years. I am here in opposition to the proposal for another gravel pit in
my neighborhood. If this proposal is allowed to go forward gravel pits will essentially surround the
Town of Wattenberg. And in addition to the mining operation, we will have to deal with a
processing plant, concrete batch plant and a recycling plant. I think Wattenberg has done more than
its "fair share" of putting up with mining operations that basically do not benefit us.
If this proposal is not denied I implore upon you to address my concerns.
1. The Concrete and Asphalt Batch Plant,Material blending and the Recycling
Plant should not be allowed. They will create unbearable noise, uncontrollable
dust and additional unnecessary traffic.
2. The proposal states it will start operating the processing plant prior to the closure of
the Perry Pit. The Perry Pit is immediately adjacent to Wattenberg on the east. The
processing will occur adjacent to Wattenberg on the west. I ask you to require that
processing of the material mined at the Perry Pit be processed at the Perry Pit.
The first operators of the Perry Pit originally told this to us. This will help alleviate
some of the concerns related to being hemmed in by mining operations. In addition,
not allowing the processing of material from the Perry Pit at this new site will
significantly reduce truck traffic on WCR 6. And while not reducing all safety
concerns at least will not add to them.
3. I do not believe the landscaping plan on the eastern boundary of the proposal is
sufficient to reduce dust and noise from the operation. Please require the applicant
to address landscaping on the entire eastern boundary. Berms alone do not
sufficiently do the job. I would like to see more evergreen trees.
4. We have children- grandchildren, daughters, sons, nieces, and nephews, who live in
Wattenberg. The bus comes at approximately 7:20 am to pick up the children and
drops off the children around 4:00 PM. The bus enters and exits Wattenberg off of
WCR 6. Even though the speed limit on the WCR 6 in the section that runs by town
is 35 mph there are still many, many accidents. Please change Development
Standard #38 to read: flours of Operation from Labor Day to Memorial Day
will be 8:00 AM to 5:00PM,with no hauling allowed off-site after 3:30 PM.And
in the summer months (June to September approximately)will be 7:00AM to
6:00PM. The 6:00PM time is consistent with their proposal. Also, I ask that the
Board of County Commissioners not allow the hours of operations to be
extended unless there is an emergency or due to an act of God.
5. Lastly, I have my own individual water well located on my property and I would
like an agreement from the applicant/owner protecting my wells and water
from any damage. I request this be added as a condition of approval prior to
this application going to the Board of County Commissioners.
Thank you for listening to my concerns. I appreciate anything you can do to help my community
and my family. 'g7
EXHr
Hello