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Home My WebLink About20050612.tiff RESOLUTION RE: ACTION OF BOARD AT PROBABLE CAUSE HEARING CONCERNING USE BY SPECIAL REVIEW PERMIT#1394-NORTHERN COLORADO CONSTRUCTORS, INC. 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,on the 22nd day of November,2004,a Probable Cause Hearing was held before the Board to consider setting a Show Cause Hearing to determine whether or not Northern Colorado Constructors, Inc., 18100 Weld County Road 19, Johnstown, Colorado 80534,was in compliance with certain Conditions of Approval and Development Standards contained in Use by Special Review Permit#1394 for a Mineral Resource Development Facility(dry open pit mining for sand and gravel) in the A (Agricultural) Zone District, and WHEREAS, the alleged violations were said to be occurring on property described as part of Lots 3, 4, and 5 of Lupton Meadows Subdivision; being part of the E1/2 SE1/4 of Section 24, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado, and WHEREAS, a hearing before the Board was held on the 22nd day of November, 2004, at which time the Board deemed it advisable to continue said matter to February 23,2005 at 9:00 a.m., and WHEREAS,at said hearing on the 23rd day of February,2005,after hearing testimony from those present,the Board finds that there is not sufficient probable cause to schedule a Show Cause Hearing in this matter. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Probable Cause Hearing Concerning Use by Special Review Permit #1394 for Northern Colorado Constructors, Inc., be, and hereby is, dismissed. 2005-0612 PL1682 DISMISS PROBABLE CAUSE - NORTHERN COLORADO CONSTRUCTORS, INC. (USR #1394) PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded, adopted by •- in g vote on the 23rd day of February, A.D., 2005. t,\>. ( , �J ` BOARD OF COUNTY COMMISSIONERS VistosWELD COUNTY, COLORADO 1 1 .A;�/2��, I r ST � � N �s�,,u(///u , l William H Jerke, Chair 464, 1/ '�� '!• !' y Clerk to the Board �I M. G:Ile, Pro-Tern -BY: / ( D,GAi ,2r Deputy Cler o the Board ■ id E. Long ED AS- • Robert,D. Masd Coun y Attorney Glenn Vaad Date of signature: 4/241- 2005-0612 PL1682 a rs DEPARTMENT OF PLANNING SERVICES Code Compliance Division I1555 N. 17th Avenue, Greeley, CO 80631 WI D C Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO CASE SUMMARY CASE NUMBER: PUSR-1394 NAME: Northern Colorado Constructors, Inc. (John Zadel) MAILING ADDRESS: 18100 County Road 19, Johnstown, CO 80534 LEGAL DESCRIPTION: Lots 3, 4, 5 &6 (Lupton Meadows Subdivision); Part of the E2 SE4 of Section 24, T2N, R67W of the 6th P.M., Weld County, Colorado TOTAL ACREAGE: 5 Acres September 24, 2003 USR-1394 approved by the Board of County Commissioners March 29, 2004 Draft USR-Plat reviewed by Department of Planning Services, Surveyor contacted regarding changes July, 2004 Flood Hazard Development Permit application, draft USR plat and letter addressing conditions of approval 1.D, 1.F, 1.1, 1.K, 1.L and 1.M of the USR- 1394 resolution dropped off. October 22, 2004 Chris Gathman informed by Department of Public Works that mining has commenced at USR-1394 site. October 29, 2004 Chris Gathman - Department of Planning Services -conducted field check of USR-1394 site. Confirmed that mining of site has commenced. November 3, 2004 Phone Call between Chris Gathman and Ken Rollin regarding USR-1394 mining operations. November 5, 2004 Follow up phone call to Ken Rollin regarding USR-1394 mining operations. November 10, 2004 Meeting with Ken Rollin, John Zadel & Chris Zadel regarding completing conditions of approval for USR-1394. Hand delivered probable cause hearing Notice. November 16, 2004 After discussion with Planning Commission staff, Contacted Ken Rollin (consultant) regarding semi trailer office and equipment storage trailer on property. November 22, 2004 Probable Cause Hearing. Case continued until February 23, 2005. February 15, 2005 Received confirmation from Dennis Renley- Building Inspector that all conditions of approval for Flood Hazard Permit 481 (Northern Colorado Constructors) have been satisfied. February 15, 2005 Spoke with Keith Meyer(Department of Public Works)and John Zadel and received verbal indications that the Long-Term Maintenance and Road Improvements Agreement would be signed by Northern Colorado Constructors by the end of the week of February 14, 2005 - February 18, 2005. The following conditions of approval were remaining prior to recording the USR plat as of the November 22, 2004 probable cause hearing: 1.J: The applicant shall apply and receive approval for a Flood Hazard Development from the Department of Planning Services. (An amended Flood Hazard Permit has been submitted and has been approved by the Department of Planning Services.) 1.N: The applicant shall enter into a Long-Term Road Maintenance and Improvements Agreement with the Weld County Public Works Department. (Discussions with Keith Meyer and the applicant have indicated that Northern Colorado Constructors will sign the Long-Term Road Maintenance and Improvements Agreement this week- 2/14-2118). Proper building permits have been submitted for the office modular and equipment storage facilities on the property. STAFF RECOMMENDATION (2/1.6/2004): Upon signing the Off-Site Road Improvements Agreement, all conditions of approval prior to recording the USR-1394 plat will be taken care of and the plat will be ready to record. The Department of Planning Services therefore recommends that this probable cause case be closed. RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1394 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY(DRY OPEN PIT MINING FOR SAND AND GRAVEL)IN THE A(AGRICULTURAL)ZONE DISTRICT- NORTHERN COLORADO CONSTRUCTORS, INC. 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 24th day of September,2003,at the hour of 10:00 a.m.in the Chambers of the Board for the purpose of hearing the application of Northern Colorado Constructors, Inc.,18100 Weld County Road 19,Johnstown, Colorado 80534,for a Site Specific Development Plan and Use by Special Review Permit#1394 for a Mineral Resource Development Facility(Dry Open Pit Mining for Sand and Gravel) in the A (Agricultural) Zone District on the following described real estate, to-wit: Lots 3, 4, and 5 of Lupton Meadows Subdivision; being part of the E1/2 SE1/4 of Section 24,Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, said applicant was represented by John Zadel at said hearing, and WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of said Use by Special Review Permit, and WHEREAS,the Board of County Commissioners heard all of the testimony and statements of those present,studied the request 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 Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 23-2-230.B of the Weld County Code as follows: A. Section 23-2-230.6.1 --Section 22-5-80.6 of the Weld County Code states "Promote the reasonable and orderly development of mineral resources." Section 22-5-30 of the Weld County Code states"New developments should be located and designed to preserve critical ecosystem components, including wetlands, significant wildlife habitats and migration corridors." A 2003-2446 PL1682 7 SPECIAL REVIEW PERMIT#1394 - NORTHERN COLORADO CONSTRUCTORS, INC. PAGE 2 wetland area is located in the area not to be mined in the northeast corner of the site. The Department of the Army,Corps of Engineers has indicated that a 404 Permit will not be required for this project and a conversation with the Colorado Division of Wildlife, in a follow up to their referral response, has indicated that they have no concerns with this proposal. Conditions of Approval and Development Standards ensure that impacts to surrounding land uses will be adequately mitigated. B. Section 23-2-230.B.2 -- Section 23-3-40 A.3 of the Weld County Code provides for open pit mining and materials processing as a Use by Special Review in the A (Agricultural)Zone District. C. Section 23-2-230.B.3 -- The site is located adjacent to two single family residences to the south,an underground injection well site and commercial tree nursery to the east, vacant land and a single family residence approximately 1/4 mile to the west, and a single family residence approximately 1,000 feet to the north. Conditions of Approval and Development Standards will ensure adequate mitigation will be taken to address impacts of the proposed gravel mining operation. D. Section 23-2-230.B.4--The site is located within the three-mile referral area for the Town of Fort Lupton. No referral response was received from the Town of Fort Lupton. E. Section 23-2-230.6.5--The site is located within the 100-yearfloodplain as outlined in FIRM Community Panel 080266 0866C. A Flood Hazard Development Permit shall be submitted and approved prior to recording the plat as a Condition of Approval for this application. F. Section 23-2-230.B.6—The proposed use is located on property defined as "Irrigated Non Prime" and "Other" according to the 1979 "Important Farmlands of Weld County" map. G. Section 23-2-230.8.7 -- The Design Standards (Section 23-2-240, Weld County Code),Operation Standards(Section 23-2-250,Weld County Code), Conditions of Approval and Development Standards ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County, NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Northern Colorado Constructors, Inc. for a Site Specific 2003-2446 PL1682 SPECIAL REVIEW PERMIT #1394 - NORTHERN COLORADO CONSTRUCTORS, INC. PAGE 3 Development Plan and Use by Special Review Permit#1394 for a Mineral Resource Development Facility(Dry Open Pit Mining for Sand and Gravel)in the A(Agricultural)Zone District on the parcel of land described above be, and hereby is, granted subject to the following conditions: 1. Prior to recording the plat: The plat shall be labeled USR-1394. B. The plat shall meet the requirements of Sections 23-2-260.D.4 and 5 of the Weld County Code and shall be amended to delineate the following: ;1-j' The attached Development Standards. 2) The approved Landscaping and Buffering Plan. 3Y Weld County Road 18 is designated on the Weld County Transportation Plan Map as a collector status road, which requires 80-feet of right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 40 feet from the centerline of Weld County Road 18 shall be delineated on the plat as right-of-way reservation for future expansion of Weld County Road 18. This road is maintained by Weld County. 94' Weld County Road 25 is designated on the Weld County / Transportation Plan Map as a local paved road,which requires 60- feet of right-of-way at full build out. There is presently 60 feet of right- of-way. A total of 30 feet from the centerline of Weld County Road 25 shall be delineated on the plat as right-of-way. This road is maintained by Weld County. C. If applicable,the applicant shall apply for an Underground Injection Control (UIC) Class V Injection Well permit, for the shop building, through the Environmental Protection Agency (EPA), or provide evidence that the applicant is not subject to the EPA Class V requirements. Evidence of Department of Public Health and Environment approval shall be submitted to the Department of Planning Services. D. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.)and an Emissions Permit application must be submitted to the Colorado Department of Health and Environment,Air Pollution Control Division, for emissions of criteria, hazardous or odorous air pollutants. 2003-2446 PL1682 q _ _ SPECIAL REVIEW PERMIT#1394 - NORTHERN COLORADO CONSTRUCTORS, INC. PAGE 4 Any existing septic system(s) located within the Use by Special Review boundary which is not currently permitted through the Weld County Department of Public Health and Environment will require an I.S.D.S. evaluation prior to the issuance of the required septic permit(s) or provide evidence that the system(s)has been properly abandoned. In the event the system(s) is found to be inadequate, the system(s) must be brought into compliance with current I.S.D.S. regulations. F. An NPDES Permit shall be obtained from the Water Quality Control Division of the Colorado Department of Health for any proposed discharge into State Waterways. G. The applicant shall submit a Dust Abatement Plan to the Department of Public Health and Environment, for approval. Evidence of Department of Public Health Environment approval shall be submitted to the Department of Planning Services. H. The applicant shall submit a Waste Handling Plan to the Weld County Department of Public Health and Environment, Environmental Health Services Division. Evidence of approval shall be submitted to the Weld County Department of Planning Services. The plan shall include at a minimum, the following: 1) A list of wastes which are expected to be generated on site (this should include expected volumes and types of waste generated). 2) A list of the type and volume of chemicals expected to be stored on site. 3) The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). If applicable,the applicant shall provide evidence to the Department of Public Health and Environment, Environmental Health Services Division that any vehicle washing area will be designed and constructed to capture all effluent and prevent any discharges from drum washing and the washing of vehicles in accordance with the Rules and Regulations of the Water Quality Control Commission and the Environmental Protection Agency. Evidence of Department of Public Health and Environment Approval shall be submitted to the Department of Planning Services. 2003-2446 PL1682 SPECIAL REVIEW PERMIT#1394 - NORTHERN COLORADO CONSTRUCTORS, INC. PAGE 5 - J. The applicant shall apply, and receive approval, for a Flood Hazard Development Permit from the Department of Planning Services. K. The applicant shall attempt to address the recommendations of the Platte Valley Soil Conservation District as stated in its referral dated July 10,2002. Written evidence of this shall be submitted to the Department of Planning Services. L. The applicant shall address the recommendations of the Weld County Sheriffs Office as outlined in its referral dated July 11, 2002. Written evidence of this shall be submitted to the Department of Planning Services. M. The applicant shall attempt to address the recommendation of United Power, Inc.,received June 26,2002. Written evidence of this shall be submitted to the Department of Planning Services. N. The applicant shall enter into a Long-Term Road Maintenance and Improvements Agreement with the Weld County Public Works Department for the upgrading and paving or maintenance of Weld County roads which are associated with the designated haul route. The improvements agreement shall include an additional three-inch overlay placed from the pit entrance to Weld County Road 18 to accommodate the additional heavy hauling associated with the gravel pit. Additionally, the Improvements Agreement shall address the proportional contribution of the applicant towards widening of Bridge 18/25 and the bridge on 18 west of Highway 85, road realignment, and school bus turnout areas. O. The applicant shall address the recommendations of the Colorado Department of Transportation as outlined in its letter dated November 19, 2002. Written evidence of this shall be provided to the Department of Planning Services. P. The applicant shall submit a Landscape and Screening Plan for review and approval by the Department of Planning Services. The landscape and screening plan shall address screening from the existing residences and commercial nursery to the north, east, west and south of the site. Q. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. 2003-2446 PL1682 SPECIAL REVIEW PERMIT#1394 - NORTHERN COLORADO CONSTRUCTORS, INC. PAGE 6 2. Upon completion of#1 and#2 above, the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty(30)days from the date of the Board of County Commissioners resolution.The applicant shall be responsible for paying the recording fee. 3. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Use by Special Review. Acceptable CAD formats are .dwg,.dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to mapsaco.weld.co.us. 4. Prior to release of building permits: A. The applicant shall address the requirements of the Department of Building Inspection as stated in its referral received July24,2002. Written evidence of this shall be submitted to the Department of Planning Services. B. An Individual Sewage Disposal System is required for the proposed scale house and/or repair shop, and shall be installed according to the Weld County I.S.D.S. regulations. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County I.S.D.S. regulations. The installation of the septic system shall comply with the Weld County I.S.D.S. floodplain policy. 5. Prior to operation: A. The access point, including the access to the scale house, shall be paved a minimum of 24 feet in width to accommodate two-way traffic. The access point shall have an adequate sight distance in both directions. 6. The Special Review activity shall not occur, nor shall any building or electrical permits be issued, on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 2003-2446 PL1682 SPECIAL REVIEW PERMIT#1394 - NORTHERN COLORADO CONSTRUCTORS, INC. PAGE 7 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 24th day of September, A.D., 2003, BOARD OF COUNTY COMMISSIONERS _� /�� WEL OUNTY, COLORADO ATTEST: i 1"` f ��'a eh vid E. Lon , Chair Weld County Clerk to the Board • Robert D sden, Pro-Tern erk tot - Board . J. Geile • not William H. Jerke ��•'` n'y EXCUSED �...�� Glenn Vaad Date of signature: j' 9'- 2..7 2003-2446 PL1682 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS NORTHERN COLORADO CONSTRUCTORS, INC. USR#1394 1. The Site Specific Development Plan and Use by Special Review Permit is for a mineral resource development facility(dry open pit mining and materials processing for sand and gravel)in the A(Agricultural)Zone District,as indicated in the application materials on file and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 3. Per Section 23-4-290 of the Weld County Code, operations shall be conducted during the hours of daylight except in the case of public or private emergency,or to make necessary repairs to equipment. This shall not apply to operation of administrative and executive offices or repair facilities on the property. 4. Off-street parking spaces at the main office parking lot, including access drive, shall be surfaced with asphalt, concrete or equivalent, and shall be graded to prevent drainage problems. 5. All liquid and solid wastes(as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 30.20-100.5,C.R.S.)shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 6. No permanent disposal of wastes shall be permitted at this site.This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S. 7. Waste materials shall be handled,stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 8. Fugitive dust shall be controlled on this site. The facility shall be operated in accordance with the approved dust abatement plan at all times. 9. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone District as delineated in Section 25-12-103, C.R.S. 10. The applicant shall remove,handle,and stockpile overburden,soil,sand and gravel from the facility in the manner that will prevent nuisance conditions. 11. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility. 2003-2446 PL1682 t • DEVELOPMENT STANDARDS - NORTHERN COLORADO CONSTRUCTORS, INC. (USR #1394) PAGE 2 12. Adequate toilet facilities(port-a-potty)may be utilized on sites which are temporary locations of the working face and portable processing equipment, etcetera, for up to six months at each location. 13. Any vehicle washing area(s)shall capture all effluent and prevent discharges from drum washing and the washing of vehicles in accordance with the Weld County Code,the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. 14. The applicant shall operate in accordance with the approved "waste handling plan". 15. Any septic system located on the property must comply with all provisions of the Weld County Code pertaining to Individual Sewage Disposal Systems. 16. The facility shall have sufficient equipment available to implement dust control as required by the approved Dust Abatement Plan. 17. A permanent,adequate water supply shall be provided for drinking and sanitary purposes. 18. If applicable,the applicant shall obtain a Storm Water Discharge Permit from the Colorado Department of Public Health and Environment, Water Quality Control Division. 19. The installation of the septic system shall comply with the Weld County I.S.D.S. floodplain policy. 20. In the event that five (5) or more acres are disturbed during the construction and development of this site, the applicant shall obtain a Storm Water Discharge Permit from the Water Quality Control Division of the Colorado Department of Public Health and Environment. 21. All fuel tanks,septic tanks,temporary buildings,and any other hazardous items that might wash away during flooding shall be securely anchored and adequatelyflood-proofed to avoid creation of a health hazard. Following completion of mining,all temporary buildings shall be removed. 22. The landscaping on site shall be maintained in accordance with the approved landscape plan. 23. The applicant shall comply with the requirements of the Air Pollution Control Division of the Colorado Department of Public Health and Environment. 2003-2446 PL1682 DEVELOPMENT STANDARDS - NORTHERN COLORADO CONSTRUCTORS, INC. (USR #1394) PAGE 3 24. The applicant shall comply with the requirements of the Water Quality Control Division of the Colorado Department of Public Health and Environment. 25. The application shall comply with all applicable rules and regulations of the Colorado Division of Minerals and Geology. 26. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Code. 27. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 and Section 23-4-290 of the Weld County Code. 28. Sources of light shall be shielded so beams or rays of light will not shine directly onto adjacent properties. Neither the direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on public streets. 29. Personnel from the Weld County Departments of Public Health and Environment,Planning Services and Public Works shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. 30. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 31. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 2003-2446 PL1682 ------ =........4.1 ^ I M I 'y,•,Wlannecioanampa mammal I t ■■ py MYTwmf�e 'al' s MWCT•M'M Ism �'3 ' Mil ■i II •^a 4 I 24 gl'l; v."I iaa:1§H' 91] 11 1 _€ 1 1 ia C e 11 7a s x a3lIe lk il' Li! ! � l a` . ° 3i I II; ' 1's ail! 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J_---_� 1. .WIOT Of SAm 1OUuMAStt Of 6L•IMN)I;TNFNCZS01RNn •M'M 1 NOM MALY USDADIsTANCNOr IrMAI FEIN TD TM ran N COI I 1 • T I• PHASE 3 i / • r Q ! 1 Ic TMNL2wdIN it WOO'NUT AMIN0 THE MOULT UNTO . I ---% . D " StC1VMN AnslAN[L Mulhilrut TO TM MIST MDUDLYN 1 ..E/1�'ASCMPI�~� ' I � OAgwp 11JI • CO.YGWY,:In.TnAGPl11W9oa un. • / � 1- { Kww[AmIW vn ,ACy'T �r 1 , _ ._�___- _. __.__ . _ ^" 4" I( .__. .. 11_KS t 1 1 <wWjyMU ONIClCr � r • 1 �.� D ,1 II 1 j T 1oato 11(1 I tlF� a1 _PFiA.4E IC).-,45::1 � I\ DT Allw•tA.c stn •' • I I � 1 /a�_ _ 1 it Len This 1 m testify 16u the Weld Gamy Pluming cammi.oao e..D I ur • -" I N 1 ?.y t aemeed a the Dowd of Corley Cmm4.iesma Weld Count?. Tl n, > '"{ I toeGm. Amy&and adoption this UK bTSperid Review ss �aRL �� ....._ I / 1 _ - -__i__ NO ►e..m 14A sky oT �]0� 'jl1l,�tfy. •� "°'A c u TTVDII nWAX ACT OE I-anal-_.._• j.l-_•- I ILM SE . _ ft , {1lt'_ WI - f--- -E - J chair. . I �r ti (4 _ -yE D(lARrl rIPfMIMV relit AllStllINPRCfP .>—.I I. I yl�l j ^ 4JC. i 7.. ' 7bi.uN.«edty that do Board ofCwory^_ .WJJO / mswe__ NOM - . 1 hereby coarsens sod adopt%Lie Use I'/Special1Tami.r e..l DCTd,.pa i I add ld hem,.Alt dal of al 1 • �IMgME. e a lYOMY OP AaYc OMNWTIIICSDrM A -------- Nvan um ttaLr•sr • TYPICAL EDGE OF IDNMO AREA SECTION NmroarJ(L I.l) Emus Ea NM c ua n. ' Duct- r N1NFA1 POI oYD1MfD R IT°MEW NNC AIn0/W,OInYi surtme ,1mimic WO .Trh�: a maw IWA MOWS VAL St WATOCD N vonssuwn. Wdd County Out to the!loud Or Deputy Cc& e baud_ a thy PREITNIR'IY CleoVeRf APPROVAL The u • NRaad major propary nwael hereby esteem to the Mn,th6 Development Students ea detented hewn this del af,_ • Clear 7Jdel,Pnaidem.Northew Colorado Constrottor. I 1 Pa I I _________F ---ii I, Ili w ,, i m (1 � I :I . � iL -- ft, I i „' --- — 1 �I �--==...";" i Lo I 4 �— — III i --_ __ � \I � - �c i � III 1\ I X31r'1i-A \ I._._ _ . ._ — a 1� — il� I ' '' I14\ hill r Ali I/ il I j °j III 1110. Th�� I a (I I l l' — y e— I L_..-`---- I I z f M --__-_._._- (- , E--._._--i F ppc d iI 1\� ' � ,� ``� ` j — -- III aT l r . i I I I4 )ji - — -- j I 1 i • K+w3¢3a rum vn woa oW'iouvNOsu ---' M _ I Ga., - I \( avou AYIIIW 11l3M ----.=-- - .._..rn. • I I I j D iteo DEPARTMENT OF PLANNING SERVICES Code Compliance Division 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 C. Fax: (970) 304-6498 COLORADO CASE SUMMARY CASE NUMBER: PUSR-1394 NAME: Northern Colorado Constructors, Inc. (John Zadel) MAILING ADDRESS: 18100 County Road 19, Johnstown, CO 80534 LEGAL DESCRIPTION: Lots 3, 4, 5&6 (Lupton Meadows Subdivision); Part of the E2 SE4 of Section 24, T2N, R67W of the 6th P.M., Weld County, Colorado TOTAL ACREAGE: 5 Acres September 24, 2003 USR-1394 approved by the Board of County Commissioners October 29, 2004 Field Check of site by Department of Planning Services. Confirmed that mining of site has commenced. The following conditions of approval have yet to be satisfied prior to recording the USR plat: 1.G:The applicant shall submit a Dust Abatement Plan to the Department of Public Health and Environment, for approval. (The applicant submitted a dust abatement plan on 11/15/04) 1.H. The applicant shall submit a Waste Handling Plan to the Department of Public Health and Environment. Evidence of Department of Public Health and Environment approval shall be submitted to the Department of Planning Services. (The applicant submitted a waste handling plan on 11/15/04) 1.J: The applicant shall apply and receive approval for a Flood Hazard Development from the Department of Planning Services. (The applicant submitted an updated flood hazard development permit application on 11/15/04. The Department of Building Services has reviewed the application and has determined that additional information is required.) 1.N: The applicant shall enter into a Long-Term Road Maintenance and Improvements Agreement with the Weld County Public Works Department. (The applicants have been working with the Department of Public Works on completing this agreement). Existing Office&Storage Facility: The applicants have moved two semi-trailers onto the property. One trailer is being used as an office and the other trailer is being used to house electrical. Equipment. Section 23-4-160 of the Weld County Code requires a zoning permit for temporary storage of semi-trailers for a period of 6 months. Any renewal of the zoning permit beyond a period of 6 months requires approval by the Board of County Commissioners. Also, Section 23-4-160 of the Weld County Code does not allow for the use of semi-trailers for temporary housing of persons. Semi trailers have not been allowed to be used as office facilities. STAFF RECOMMENDATION: Planning and Public Works staff has confirmed that the mining operation has commenced prior to recording the USR plat. Based on this information, the Department of Planning Services feels that there is sufficient evidence to schedule a show cause proceeding for this case. rite ' DEPARTMENT OF PLANNING SERVICES C Code Compliance Division O WWW.CO.WELD.CO.US E-mail Address: cgathman@co.weld.co.us • 1555 N. 17th Avenue, Greeley, CO 80631 COLORADO Phone (970) 353-6100 Fax (970) 304-6498 November 10, 2004 John Zadel Central Weld County Water District 2235 2'' Avenue, Greeley, CO 80634 Subject: USR-1394, Lots 3, 4 & 5 (Lupton Meadows Subdivision); Part of the E2 SE4 of Section 24,T2N, R67W of the 6th P.M., Weld County, Colorado Dear Mr. Zadel, Notice is hereby given that on Monday, November 22, 2004,at 9:00 a.m., or as soon thereafter as the agenda of the Board of County Commissioners permits,the Board of County Commissioners of Weld County will hold a Probable Cause public hearing pursuant to Chapter 23,Article II(2), Division 4, Section 23-2-270 of the Weld County Code. This meeting will take place in the Commissioner's Hearing Room, Weld County Centennial Center, 915 10'h Street, Greeley, Colorado. The purpose of this public hearing will be to review case number USR-1394 for compliance with the Development Standards as approved by the Board of County Commissioners on September 24, 2003 to determine if probable cause exists to hold a hearing of revocation of USR-1394. Inspection by representatives of this office and the Department of Public Works have determined that you are not in compliance with the following condition of approval: Condition of Approval #6: The Special Review Activity shall not occur, nor shall any building or electrical electrical permits be issued, on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. Should you have any questions regarding this letter, or if you need any further information, please feel free to contact me at the above address,telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Sincerely, in 1�u7 Chris Gathman Planner II -AICP pc: USR-1394 Board of County Commissioners Bruce Barker, County Attorney i fill! 0L91hfTA•LLCM.bdY'CRII ION • � PAR tNx NE hO T1V % &.'ASTOf7210/:Td.NWNS10pT\OLM RA1:Gt 00/1.120/1.12l&d r Or TM .P.M.COLA11Y or wu s W m rA1E ro a '+RAn Lars A 4,L Am f a M1TM ON S0rAST 1.SWOON]%1Ol.Iwme f WO*Was.1 i wLR Of1M. fat.OUP ass r.Oo(OAO4 ACOtWlw 10 MU 141101W10)11 VI SAM LAME SY IM WITCO MSA10wt LAW COIOANY.at SO Af1AwOrI AID.fonl1T WW1 HEAD NI tin MN ON Lan AO!Of AO COMA IM00f DIN DEN0.1AAMR ADO NOATNwfATRIN 1O1*WAY COOANY Al otNTNMLY LOCAnn OriL ACTIOsf AND MSOIIDll M f001116AST%O'MINX.N Walla 2110[111 twat a Mist of tl6 •Aes1_....� - .'.._ -..___..__. ,._. _...._- -' _ laS1. .w.rx rAWLSNIl11lliwL.Oti►NAYOddmb.0 1011L)ws: _.I ge:oemW A A fOWY.M TOR Mani LOw p11111 alf Mr SOHO Dal ter.- LA.t 6 fa wmm laf OF Lain.OIILNWA%OF IUD AenlY40.lama mama •A• 0 ' ) t - a.1Ali .nf moos! - a� ICI vow to J.ram a:nuc Homo LMTp sAa Kaman w a sADS<icTION acoaeY . 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Of MAD KU MASI 10f SMO.I ft TLWIR SOOLYI0 •W1r(Mt ALUM IMO �_ _ 7 '1� I 1Dt11OJLY WOAlDTAMON Or ITILa ri1710T111.1if 1LCOD.•ALOELNOYC110Y If ' I I/ p li 11.n 2JCof0UTU 0[•JrOL•MitfAL0110n IAf10LY1M511f WDf0U11t:Aft%Ot = - • Ti `Patti� A 1 Sfax*.1I A farA20E or 202 if MY 10 TM 1CLYf Or IDANDIIWL • t ' i :I `` "t" aceeee CRVGW:iq.7N At7rJ.SOsli OR Mt •_ i I /mneml =__• ._...� .�..Y--' — - .� lei t_aot.Ian fon okra Mau • 1 f 1 "�IyOe1�`oo..h ` 1 1 !� I I' /\I .AAn•ot,�nr.L.."11' •, 1 PHASE I I .` Ii I I ... - 1 I L1/ y r—r— ` This is so esfefy that doe Weld Corry Plonks Cee•misiew hes o si&d rd does I . • I �\ y I / I ,,+1 - I atawmod to die Awsd of Corry Ca..L.ipso,Weld Como.Colondt ros that ,L, - , Y-/ fm6Mstios,,pplsrJsod tdopsio.LYitualysp.t:si loins so dew sod dnealyd post � - T------ ; --��- 1 ', -- --_._.1 --f 4r.- •j -•I-- wwt to ilia doret _....uL ti I -• --' I t t 11 ' - F7 •./ ■ TIM WA OWL IIGT S0 I I _ _ - ��'fl�}!"�, •el / l 1LVKMf TNOI I ONAf1W j i,\ r--- "(•- ' �'-�i Clete.Weld Como• 1 I 1 rypl+..yC i �I ' iel" fir;. �Ai .i m1/ly�� VV • i • I 1 � l ion a rem l.Av rnLnntQnvof y rP1l1r1rA•fe ---'u_ _� xms &1 • 1 I _ -� - ; ^ Shia h.n ontlfT dialsat Dm.doTCoons,Cmmi.rmes%Weld C Coop,.L-nk.tde dot. , I I 0 �L -Tome o s NOMI 1 I sodde•mmd foam Oa hod"seam sod odor din Use hp Spoil As•1ry EN Dele6pwatL Tooled.a dew 20 mebr AZ.,,tt -•- maaln Lft TYPICAL EDGE OF YMr10AAEA 0ECTDN I.1•A um we a...a...000.0•1 (leis.Ad of Corns,Commissions Mr»turs I AILAfw1I 011.0. IfaCOMP ran 1.,_03.1_4 ioCommissions111a m rwwsoA wn m rmAma N AMAM tem•SOMA.ANA l.o wwe.4 we.wr l0 ATT?3T: +>•.e LCIAMil OAT wad C•'As•ry 1• lo 1►t hood -•icor--• • f•la Th?.LT ow,o.the Baud Odd0ootr M wwlwl/1 , m Om®Or ',APR t1Y tumor..Aw0nVAI -010040. Mel m6ry..ries pp a aoery owes Mobs epos the Mole Use Spaitl loin,The Dteaepntr SM.•b.de m de.e.ld lesson de._ dry of 20_0. NO 1W0. some TWAT Loop zadd Plddral.Nova=fdvfdo Cawanaan • 1 Or . Lmo verolwwmmsowe PART OP TTIE sOUIHPAST Y.OF SECTION H.TOWNSHIF li WEST OP TTIB 6111.PA..COUNTY OF WELD.STATE OF C LOTS T,4 s,AND 6 a THE 9OIIDIPAST M.SECTION 31,TO% WEST OP THE 6`a P.M.MILD COUNTY.COIDMDU ACCORDING' SAID LANDS EY TllE UJPTON MEADOWS LAND COMPANY:AISO A • WIDE,MIMi 50 FEET WIDE ON EAOI SIDE OF TEE CENTER INFO AND NORTNWYSTDRN RAILWAY COMPANY AS ORIGINALLY LOCA - , TIWOUOII THE SOUTHEAST%OF SECTION 21,T0WNSIIIP 2 NOR ITT Set.P.M.SAID MOHR LIWI D MOVE HELP DESCRIBED AS FOILC 1 ISaPL._. .r . _ __ _._ _..__._ __ ___.._.. 1 _ _.. :LAME DR:DINIJG AT A POINT ON THE NORTH UMI OFITIH LXII IP EAST Of TIE WEST IOW OF SAID SOMI WAST N N ON OF SAID SECTION • I — \ Dfi EASti&NCovSOMMES SOMME NRM Ellla I R ! I� I DO�I • WEST TO ON TIE NORTH LINE OF SAID SOOUN NOV ASI I1��1 O II f- � ' ! • OF WEIR BTATE OF COLORADO. !wu.__ �"-'�-� ---• 1 -- i. 1 -Mold HIE TOTAL PARCH.BONOOPSCRNhrt AS FOLLOWS y _ .r �Ir�. t 1'� - BFNNNINO ATTIE 6IRTIILAST CORNER Or SAID SPCf0F t iif !L E}I' I I q I II H'IV WEST MOM)TIM SNTHMRI.Y UNE Or TIMSDL-IHFAST NI - Il f i' I D I %yam nnrAn EtIF IM1.Ji MIT ID MC WPJI£5LY unr op SAN SISD -'r r �' A I DFNYWI,lAMMJE AND NORTHWESTERN RAILWAY COMPANy;1) I E I PHASE WEST ALONGsAN wcatnu.YLmRw DISTANCE Of ICED FEET H p .i r L. ._..- '- .(--'-- -J ----1.-_.-- --_m»SA( 4_.T'.o � ��_._ ..rse Of SAID SOUTHEAST)OfNcEo,I a:TIMMSOUTH S9 •56.55 11!//7—1 f i f I J4;INDIC660 nT00'YI �WESr WNO TMIETOriATSINTRaLYIJHEOO1 ft CO j 1�'1��._ PHASS_E 3 I ��J`� .[� / / iNWT I .i__.__•HASF , �� X ,__ I _..X_ tf3rAii CR .xasS / J f r SRCDONNAISSTANLZ(OF]LII JI OES TO 11W 1'OLYI q'UWLYN HART 1 I I N34 AAMTANC (W2411 IAORB OR 11W ;ADDL. _ _ LMuwaAxO CD[faM —._ , I_W6e I 'I_ ` I I { �t i f' ° ,\• ` III WE Fan Many PImATcr • I 1 I 1 •- `I ea" _ _._... . _ __ 1..ABU PI,\NTA'ITJ[,f[lAA'+fTSGTTIN TFR'ITFI u I I I t - PHASE I \ �J T I . -- I •is is to certify chit the Weld County Pluming Contagion hat c I �, T�% I R / ,/IT ACREyam" I1 I\ accommend to the Dosed of Comity Cmnlnlniaau\weld Comfy. "� 1 / 1 w�N �A4�g��1 I coofinnation,weevil and adoption this Use bySprcbl Review as Iac� , I-- , _ .. j _ net henna this day of 20 . � f t ,\ . 1 I / \ 1 I Irll • . I I I 'AP�{{uI'-T 11 cd.„.PEAWILLL e! _.)_.f - I"'-tuAsB— .I� 1, f fronts1 Chair.Weld C,uoa, • • li ' I _ _"_ 'S `-nom 4 l/ ~ - �� f wuon pGfflllN'IV feIUTDCCl/1VFRC CP •`aIWS__._ _�.•� _ _ _ _ e` _ -._p.-r7, 5._._••'• ___J•Iwa �r I peyu.T Tlec I IN w CI,I I i This is m certify that the Bond of Comity Commiauonen,Weld C. I i J FyTpalw NDTEB: i hereby confirm sod adopt thin USD by Spacial Review awl Develop S H 1 I C— M s i p ' pd tad described heuno this day of 20.._- I._._...._._e ..—_._...._�_. yW1N0AeFA eaADutroT Ye1Y16^11DMiu RE�enEal—TS'_---— PROPERTY UNE aGIE r yp ' TYPICAL EDGE OF MINING AREA SECTION MTTDKJII t.TICsNt :tRE B ems0.D0DPUAM Clair,Pond. a ALL AREAS NOT WEIWIBED BY BY°WEEM WING OR RIMAWATOB WU.I IMWIMEDN PNmW 1AM1 ATTF3T: 1 MSWML TWA INNS Wu.SE WMERFnro CONTROL LMT. Weld Cursory Clerk to die Bond • . Bp Deputy Clerk to the Boyd PRfPRRTY f11VNFAS AWBf1VAI • The uaderogocd major property owacs hereby Nimes to the Unties Developneat Standsde as described hewn this thy of,- • Camtge Zidel.Psodcac. Northern Colnndo Constructors _Y•' �. r�., IL,- Tom.. I I --- j t I p • _��---�—_'`r—__ Jw. I 6 J ' ,t't' -- !.— J ...\ i F ,s1,1. _ _____--2-..----------- ,ICIr -T„�-- ��----_---i I r •k I , if it )Alii s I ... t, � I IIi Ir ' ; / , E , PHASE 1 i 1/ • 1 , 2 i 1 I ' I r, __ ....-•-- ' `— /, ' ----PHASE-IM s— "•_ _ In al AcnEei ,— I I.! i --y / l II:'ill f !— PHASES i , i k IIll 1 (� I aaaor�.a I 111 111 PHASE I A 1 ,' I.., I w,ucs ��• I I /".• I �;II. _ill _I__ ``+ 1[111 -1-II I ,I ) 11- 1111 i I l 1 1 i• _lil'.1 :ICII,' i I -) III ji ""� I f:� ' u( IIli ! I _ r I• Wa'ii, I j i. 1 '. ) o It PHASE 5 i _——�_ —. — U \�/ill.,� 1,�,,rte I �' 7 d7EIio_ I 5 I f____.4._____________\,....-___________-_______,......_i I I �1 I 1 PHASE 7 71116 AREA WILL NO7 DE MINED + t ( �J I i 1 I ff `i1 !, (/ , if.t ACRE3 / I 1i 12 AGM- / �� li% I ;j - * - r , ' fr. . , 1 1 1 ---i- w7AtlR6 _�.�._. 11 . i Ili hl ,I I + 11 I , / .-.) ) , I. I ,.. _._ ! GIj r { i ! , „I I ,1 i1t ill!! i r 1 ,. 1l , , _ __J, ___I It• _______T___—__ --..-_--.•• •—.___ `�'~______ - "'"""'s +-.-1-1 =r'---77"- -S;••••-=_*; -r `� T +' ►SW COUNDI ROAD sS -`- �— -• --- - i of ,�� f 11 j I E INC li I i C. I u. __________114.1N-00:KCf Mai 4:0410{1101:007140/1.1 RAVI 11'341Q 1n� IMbGr1'UR I\ •— N — - _ use Val,III uunwlwwar • � s W k R 4 a USR-1394 SITE PHOTO Taken 10/29/04 r a DEPARTMENT OF PLANNING SERVICES armCode Compliance Division 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 C. Fax: (970) 304-6498 COLORADO CASE SUMMARY CASE NUMBER: PUSR-1394 NAME: Northern Colorado Constructors, Inc. (John Zadel) MAILING ADDRESS: 18100 County Road 19, Johnstown, CO 80534 LEGAL DESCRIPTION: Lots 3, 4, 5 &6 (Lupton Meadows Subdivision); Part of the E2 SE4 of Section 24, T2N, R67W of the 6th P.M., Weld County, Colorado TOTAL ACREAGE: 5 Acres September24, 2003 USR-1394 approved by the Board of County Commissioners March 29, 2004 Draft USR-Plat reviewed by Department of Planning Services, Surveyor contacted regarding changes July, 2004 Flood Hazard Development Permit application, draft USR plat and letter addressing conditions of approval 1.D, 1.F, 1.1, 1.K, 1.L and 1.M of the USR- 1394 resolution dropped off. October 22, 2004 Chris Gathman informed by Department of Public Works that mining has commenced at USR-1394 site. October 29, 2004 Chris Gathman - Department of Planning Services -conducted field check of USR-1394 site. Confirmed that mining of site has commenced. November 3, 2004 Phone Call between Chris Gathman and Ken Rollin regarding USR-1394 mining operations. November 5, 2004 Follow up phone call to Ken Rollin regarding USR-1394 mining operations. November 10, 2004 Meeting with Ken Rollin, John Zadel & Chris Zadel regarding completing conditions of approval for USR-1394. Hand delivered probable cause hearing Notice. November 16, 2004 After discussion with Planning Commission staff, Contacted Ken Rollin (consultant)regarding semi trailer office and equipment storage trailer on property. The following conditions of approval have yet to be satisfied prior to recording the USR plat: 1.G: The applicant shall submit a Dust Abatement Plan to the Department of Public Health and Environment, for approval. (The applicant submitted a dust abatement plan on 11/15/04) 1.H. The applicant shall submit a Waste Handling Plan to the Department of Public Health and Environment. Evidence of Department of Public Health and Environment approval shall be submitted to the Department of Planning Services. (The applicant submitted a waste handling plan on 11/15/04) 1.J: The applicant shall apply and receive approval for a Flood Hazard Development from the Department of Planning Services. (The applicant submitted an updated flood hazard development permit application on 11/15/04. The Department of Building Inspection has reviewed the application and has determined that additional information is required.) 1.N: The applicant shall enter into a Long-Term Road Maintenance and Improvements Agreement with the Weld County Public Works Department. (The applicants have been working with the Department of Public Works on completing this agreement). Existing Office &Storage Facility: The applicants have moved two semi-trailers onto the property. The applicants have also placed a metal storage building on the site. One trailer is being used as an office and the other trailer is being used to house electrical. Equipment. Section 23-4-160 of the Weld County Code requires a zoning permit for temporary storage of semi-trailers for a period of 6 months. Any renewal of the zoning permit beyond a period of 6 months requires approval by the Board of County Commissioners. Also, Section 23-4-160 of the Weld County Code does not allow for the use of semi-trailers for temporary housing of persons. Semi trailers have not been allowed to be used as office facilities. Additionally, proper building permits will need to be applied for the office facility, equipment storage facility and storage building. STAFF RECOMMENDATION: Planning and Public Works staff has confirmed that the mining operation has commenced prior to recording the USR plat. Based on this information, the Department of Planning Services feels that there is sufficient evidence to schedule a show cause proceeding for this case. ),1/17/2004 03:41 FAX 3038572933 NCC Z002 11/1!/1/4 DEFAULTCSID-> 3038572933 Zadel , Mary Page 002 'WILLIAMS WILLIAMS SCOTSMAN,INC. 4500 E. 60th Avenue SCOTSMAN Commerce City, Co 80022 Phone: 303-853-4266 Mobile Offices•Storage Products Fax: 303-853-4270 c—And More Toll free: 800-782-1500 • 7 Robert Smith,Sales Representative QLOT\TJ0\ NO. 95I651-1 CUSTOMER SKIP TO OUOTE DATE Mary Zadel Northern Colorado Constructors November 17,2004 Northern Colorado Constructors QUOTE EXPIRATION 9075 Weld County Rd 10 Fort Lupton, CO 80621 December 17,2004 Fort.Lupton, CO$0621 PHONE: (3113)SF7-175.4 FAX: (303)S57-2933 G:l'1AIL: 1'Nt"I' DESCRIIPT1ON & I'Rif(INC 36.x 10 Mobile Office w/RR (32 x 10 box size)per me enclosed floorplan, 4 eria • bet: 539573 SALES PRICE: DELIVERY FREIGHT: BLOCK AND LEVEL; OPTIONS & COMMENTS OPTION(S); ❑ (4) Anchors Installed in Din a ❑ Skirting-Wood - COMMENT(S): D Block &Level/Delivery charges are based on a.firm,level and truck accessible site Additional charges may be assessed for poor site conditions or access,requiring additional lime or lire removal. D A.sales or lease agreement must be signed prior to delivery. Prices quoted do not include local,state or federal taxes or permit fees.Return freight will be billed at prevailing rates at time of return unless otherwise noted above. D No billing Gimmicks! We bill MONTHLY, (not every 28 days). Represents an 8%savings and one less can rthly invoice per year! No cleaning fee for units retooled"broom swept" and in good condition. *I* THIS UNIT WAS BUILT IN 1997. IT HAS A WOOD EXTERIOR MINTED SILVER POINT GREY WITI3 HUNTER GREEN TRIM. THE INTERIOR IS A DARK BIRCH PANELING WITH VINYL TILE FLOOR AND A STANDARD 5'X5' BATHROOM, THE HEATING IS BASEBOARD AND AIR CONDITIONING THRU-WALL. *I* APPLICABLE TAXES: Personal Property Tax: $ .00 5 Customer km $p by ag vest to the non d query,and and pubscqutions. m penmen further authorised Williams Scotsmen to melt appropriate)adst m>.(as for the delivery of the above described Equipment Upon delivery,and until n aulnnqucm Salta Agmmnerrt is exeepmd Fy Williema Seupnnan(am Seller)and Custnnia�(as Rayx),the Standard Willixna Scotsmen Sales Tams and Cnnditinnq whirl,are incorporated by rofr,cnco 1w,uin,will govaf,this promae Son. A deposit may he required hoed epeecastomer's credit rating and history with Williams Scorosan,Inc. CUSFON11.R : Bl'; rl"I'LE; Northern Colm;hdo DA►-E: Constructors items The tee s adescribed l Lublpry lemma,con pr miseontage W Which the,Luton=nning the date am b y�t Williams Munn. ALL equipment is subject to availability. Physical Damage and personal propertyprice unlesses or anyspecifically s.stated. Payment tern,.an pending credit approv,L Penults,�footings.steps,sitlivery. e preupantion,electrical,and plumbing commotion'aroted above do not include Any local.state, c not included in the quoted i- I ~ ' \ a A ,-, 32'-0" o al o I lQ I co co P LAN I III I O TABLE I I � I I - m I I I I r . =TIT C co .. 0 I v Specifications Site(s) Furniture Heating endCooling w o • 36'Long(including hitch) • TWO built-in desks Mt file cabinets • CentrallIVAC co oz • 32'Box size • One built-in plan(able E'cfertorFmisk/Frame N • 10'Wide • Overhead shelf @ each desk • Grooved wood siding in • 7'-6"Ceiling height • Available without furniture • outrigger frame rv/dual 1-beam to Main Fuel: Electric • Removable hitch available on request N • Paneled walls • Fluorescent ceiling lights a • Vinyl tile floors • Breaker panel 100 amp,120/240 v,1 PH ce • T-grid ceiling Wbutenes/Door ' w • Private office • Horizontal slider windows mX N • Wide open shells available • Metal doorwith standard lockset or -i • deadbolt r, 0 • n Additional floor plan available. Moor plau and apecificationsmav Van'from those shoamand are subject to m-stockavailability. �1 I I_ I, I A \) WILLIAMS SCOTSMAN,INC. 4500 E.60th Avenue SCOTSMAN Commerce City,CO 80022 in JO Mobile Office 36x10 Standard Restroom Phone: 303-853-4266 a en No Mobile Offices•Storage Products Fax: 303-853-4270 • to And Mom Toll free; 800-782-1500 2004 Williams Sconmao.Inc. N www.willscot.com ti I Technical Document MONTGOMERY BUCHL INDUSTRIES Inc. P.O.Box 1721 Eastlake,Co.80614(303)2864479 DATE: 11/19/04 TO: NCC Fax: 303-857-2933 ATTN: Chris Zadel SUBJECT: Portable power and control van Chris, The power and control scheme to run your crushing spread is designed per NEC2002 and MSHA requirements. The objective to this design is to transport the power and control system to different locations and produce.NEC code 2002 520.62 "Portable Power Distribution Units" A through E. The motor control center is UI, listed as service entrance. It is a Square D model 6 distribution system. The controls are UL listed mounted in a NEMA 12 consolet. The wire is run in conduit with a ground conductor. This power and control system is widely used in Sand and Gravel operations throughout the United States. The High voltage distribution has been inspected and released for service by United power. The trailer has a grounding system based on NEC 2002 code, Article 250 Grounding systems and Temporary Installs 527, 530.20 Grounding. This plant has a certified ground check or continuity test per MSHA requirements and has passed. All electrical components on the plant are less than one ohm of resistance to ground. Thank you, Wteserakeeitt Montgomery Buchl Industries, Inc. Systems design and integration EXHIBIT <21 Confidential MBI property Pagel E/l d 2L. / ' ON HHHunn Hunn WA7n • 0 hnn7 • CI . AUK, ; 1,... q pry " `fl' Alive ,aalvslig.. 100 ...0a*"..S ilk L i A+#_. y_ M A(+ss } I44,1 nit , h 11 / s ; a , EXHIBIT I G 0 -_ ..N— " y q YoL M „� N y9 S Ay� ' J I al Alt¶1;; of�`► r F , „ , ate . �pj?, yfit; .0 a I ,17'' /+X'2,'yy' ry ' S . 1 /21 /2004 �w � ,.i^" 'r \ \ < Allit . ANVItIt «° & f ©9 2 ° § « ',,, %, , a` ■ \/� /// . \ \w \ . z k \ { ` d \\ � „,r,. $ y \. / : / ` $ »«§ \ » y « ` . 1 11 /21 /2004 \ a . . . f a "' :- - " . 4 i �2is i b _Y f ' EXHIBIT I i t i, 1 El.!! g( r the '1•• � , �lifi, 9 I a' f Y. ,/ • •' 9 O 'ff. ir. ,/,-- .ra , 1/c 4.•,I.j, "1 .i : ii.• . 4 V \t 1 i •.,,li { t g 4�q�q it ^Sk , 4.: ,R, iii,z ' . ii , hf, t ,� } ` s. **,3/4 _I '.4 N ' ' Pre tin v .24010 !K. is T~ 11 /21 /2( ' I hereby certify that I hand delivered the probable cause hearing notification for USR-1394 to the representatives for Northern Colorado Constructors (John Zadel, Chris Zadel & Ken Rollin) on November 10, 2004. pn Chris Gathman fuklbt r3 4115I� 1),U '• ' it, k eUri4rr L; 111 alar.Eari ? t I •A�. F EXHIBIT 61111- DEPARTMENT OF PLANNING SERVICES Code Compliance Division 1555 N. 17th Avenue, Greeley, CO 80631 CPhone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO CASE SUMMARY CASE NUMBER: PUSR-1394 NAME: Northern Colorado Constructors, Inc. (John Zadel) MAILING ADDRESS: 18100 County Road 19, Johnstown, CO 80534 LEGAL DESCRIPTION: Lots 3, 4, 5 &6 (Lupton Meadows Subdivision); Part of the E2 SE4 of Section 24, T2N, R67W of the 6th P.M., Weld County, Colorado TOTAL ACREAGE: 5 Acres September 24, 2003 USR-1394 approved by the Board of County Commissioners March 29, 2004 Draft USR-Plat reviewed by Department of Planning Services, Surveyor contacted regarding changes July, 2004 Flood Hazard Development Permit application, draft USR plat and letter addressing conditions of approval 1.D, 1.F, 1.1, 1.K, 1.L and 1.M of the USR- 1394 resolution dropped off. October 22, 2004 Chris Gathman informed by Department of Public Works that mining has commenced at USR-1394 site. October 29, 2004 Chris Gathman - Department of Planning Services -conducted field check of USR-1394 site. Confirmed that mining of site has commenced. November 3, 2004 Phone Call between Chris Gathman and Ken Rollin regarding USR-1394 mining operations. November 5, 2004 Follow up phone call to Ken Rollin regarding USR-1394 mining operations. EXHIBIT I ��pp November 10, 2004 Meeting with Ken Rollin, John Zadel & Chris Zadel regarding completing conditions of approval for USR-1394. Hand delivered probable cause hearing Notice. November 16, 2004 After discussion with Planning Commission staff, Contacted Ken Rollin (consultant) regarding semi trailer office and equipment storage trailer on property. The following conditions of approval have yet to be satisfied prior to recording the USR plat: 1.G: The applicant shall submit a Dust Abatement Plan to the Department of Public Health and Environment, for approval. (The applicant submitted a dust abatement plan on 11/15/04) 1.H. The applicant shall submit a Waste Handling Plan to the Department of Public Health and Environment. Evidence of Department of Public Health and Environment approval shall be submitted to the Department of Planning Services. (The applicant submitted a waste handling plan on 11/15/04) 1.J: The applicant shall apply and receive approval for a Flood Hazard Development from the Department of Planning Services. (The applicant submitted an updated flood hazard development permit application on 11/15/04. The Department of Building Inspection has reviewed the application and has determined that additional information is required.) 1.N: The applicant shall enter into a Long-Term Road Maintenance and Improvements Agreement with the Weld County Public Works Department. (The applicants have been working with the Department of Public Works on completing this agreement). Existing Office & Storage Facility: The applicants have moved two semi-trailers onto the property. The applicants have also placed a metal storage building on the site. One trailer is being used as an office and the other trailer is being used to house electrical. Equipment. Section 23-4-160 of the Weld County Code requires a zoning permit for temporary storage of semi-trailers for a period of 6 months. Any renewal of the zoning permit beyond a period of 6 months requires approval by the Board of County Commissioners. Also, Section 23-4-160 of the Weld County Code does not allow for the use of semi-trailers for temporary housing of persons. Semi trailers have not been allowed to be used as office facilities. Additionally, proper building permits will need to be applied for the office facility, equipment storage facility and storage building. STAFF RECOMMENDATION: Planning and Public Works staff has confirmed that the mining operation has commenced prior to recording the USR plat. Based on this information, the Department of Planning Services feels that there is sufficient evidence to schedule a show cause proceeding for this case. la/17/2004 03.41 FAX 3038572933 NCC X002 llri1i vY rL:g3]nt1 DEFAULTCSID-> 3038572933 Zadel , Mary Pa a 002 9 W 1 L L I A NI s WILLIAMS SCOTSMAN,INC. 4500 E. 60th Avenue S C O T S M A N Commerce City, CO 80022 a Phone: 303-853-4266 Mobile OffIces•Storage Products Fax: 30303-853-4270F•- And More Toll free: 800_782-1500 • t Robert Smith,Salmis Re rnantatfve . QUOTATION NO. 951651-I CUSTOMER Ship TO Mary Zadel Northern Colorado OUOTE DATE Northern Colorado Constructors Constructors November 17,2004 9075 Weld County Rd 10 Fort Lu QUOTE EXPIRATION Fort Lupton, CO 80621 Pin CO 80621 December 17,2004 1'FIt)NE: (303(857-I 754 FAN: (303)8:7-2933 G-A14117 • UNIT DESCRIPTION & PRICING 36.x 10 Mobile Office w/RR (32 x 10 box size)per the enclosed floorplari, aria • • . bar: &11139573 SALES PRICE: DELIVERY FREIGHT: \� BLOCK AND LEVEL: OPTIONS & COMMENTS OPTION(S); ❑ (4) Anchors Inslallcd in Dirt al ❑ Skirting-Wood - COMNIENT(S): > Block&Level/Delivery charges are based on a firm,level and truck accessible site. Additional charges may be assessed for poor site conditions or access,requiring additional lime or tiro removal, > A.sales or lease agreement must be signed prior to delivery. Prices quoted do not include local,state or federal taxes or permit fees.Return freight will be billed at prevailing rates at time of return unless otherwise noted above. > No billing Gimmicks! We bill MO (notevery 28 days). Represents an 8%savings and one less monthly invoice per year! No cleaning fee for units broom swept" and in good condition *!* THIS UNIT WAS BUILT IN 1997. IT HAS A WOOD EXTERIOR APINTED SILVER POINT GREY WITH HUNTER GREEN TRIM, THE INTERIOR IS A DARK BIRCH PANELING WITH VINYL TILE FLOOR AND A STANDARD 5'X5' BATHROOM. THE HEATING IS BASEBOARD AND AIR CONDITIONING THRU-WALL. *1* APPLICABLE TAXES; Personal Property Tax: S .00 Customer hereby area to the above r.p 14.G5 above domribcd P 9°Q�le^epx and p,eeifieetionx. C�wtanw7,further authorized Williams Scotsman to aides appropriate -qu pment tYpo,,delive.y,and until a nubscquenn Sala AP] d Clot airangcm uy for the Standard odeliveryd of d¢ Wt IIiarnn Scobuu ,i Salty Tama and Cwmditinnn,which are incorporated by rrewncm A ro n,will by William'sama Scotsman(as deposit Ctwvmia credit rodeo and history with Williams Scorse ' rvfenenw heroin,will govern Shim tmariaetion. A de a sea M required�haMd upon ndard ae,lx. Pw� Yrya custom emit Cl'Sfirtif.R: Irk': Northern Colorado 'fl"I'LE: D:\-FE: Constructors The items described above comprise the Equipment which the Customer d Conameoial Liebllirybummers coverage ate onto ooff°the Equibuy pmentom 's iv Sy. Pricesnline. Ailtgboet to subject ninclude availability.to Mystical persona]property taxes or any fees Payment terms an pending credit the date 8 Permits, o s ing&stem, ,site quotedti above do el. dplumbing ty• to'l a not included and in the quoted peke unleu epeemcaay sated. a H approval. Permits,footings crepe,site ptePsntioq electrical,and ploutb g coonneetlam ueeeet I- \ • ' V A ,, 32'-0" o "'0 1 N 4.1 la I n PLAN I III I O TABLE I if---- di: I I +I' v m I I i c r • Li0.4T - C CO I-4 03 V Specifications w Size(s) Furniture Mang and Cooling in co o • 36'Long(including hitch) • Two built-in desks Kith file cabinets • Centra l-1 VAC co oix z • 32'Box size • One built-in plan fable ErtertorFmish/Frame - • 10'Wide • Overhead shelf @ each desk • Grooved wood siding co • 7'-6"Ceiling height • Available'without bunkum • Outrigger frame w/dual I-beam in InlariorFinish Electric • Removable hitch available on request N • Paneled walls • Fluorescent ceiling lights a • Vinyl the floors • Breaker panel 100 amp,120/240 v,1 PH n • T-grid ceiling I7ndmnrdDoor w • Private office • Horizontal slider windows m N . • Metal doorwith standard lockset or n W idtt, e open she0s available .4 co deadbolt o ra Additional floor vlans available. Boor plans and apecirrcationamav Ian'from those shown and aaa sublect ao ia-stockavailability. �V •I L L I i\ \l S WILLIAMS SCOTSMAN,INC. -, 4500 E.60th Avenue ' SCOTSMAN Commerce City,CO 80022 w Mobile Office 36x10 Standard Restroom Phone: 303-853-4266 a N0 MobileO8"ices•StoragePoduas Fax; 303-853 4270 a And Mon: Toll free; 800-782-1500 - A 2004Wi liama Scotsman.Inc. YrW W,w7l15COY,C0ID -` ti Hello