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Home My WebLink About20041068.tiff 0-0 sin MEMORANDUM TO: Weld County Clerk to the Board 3/24/04 COLORADO FROM: Chris Gathman - Planner II SUBJECT: Conditions of approval and Inventory for CZ-1052 (Hunt Brothers) * The applicant has submitted letters addressing condition of approval 2.A (Prior to Scheduling the Board of County Commissioners hearing. This case can therefore be scheduled for a Board of County Commissioners hearing. * Exhibits 6.b and 6.c (as shown on the County Attorney inventory) were previously inventoried as Exhibits 1 and 5B. SERVICE,TEAMWORK INTEGRITY,QUALITY F 2004-1068 — , FROM : FAX NO. Mar. 24 2004 10:00RM P2 • 4311 Highway 66, Suite 4 • Longmont, CO 80504 '-- ; Office(970) 535-9318 Metro (303) 485-7838 Fax; (970) 535-9854 LANDPROfessionals,LLC March 18, 2004 Mr. Lawrence Hause --_ _ _ _- -_ _ _ - 2003 Balsam Drive Boulder, Colorado 80304 — RE: Si ature on Statement of A eement for Oil and Gas Mineral Ownershi on Hunt Bros. Pro rties Inc. Pro South of Ft. Lu ton Colorado Dear Mr. Hause: I am Lauren Light,a Senior Planner with LANDPRO, LLC, a consulting company representing Hunt Brothers Properties,Inc. on the re-zoning of a property formerly owned by you(the "property")and sold to Dan Hunt in 2002, Rob Laird, who works for Dan Hunt, contacted you by phone today with regard to the referenced statement that basically states that you are in agreement the property to I-3 from A cul listedsQtn Hung os. re-zoning Agricultural. You are listed as the owner of the minerals on the ep property p, that any and gas)and Weld County requires, as part of a re-zoning of (the mineral o mineral owners be contacted and provide a statement that they caner)does not have any issues with the re-zoning of the property as it may affect the underlying oil and gas production(in this case). I understand from Rob, that you are already receiving royalties from a producing oil - --- and gas well from the property. edirectly_located this well is r mo gof andgasnotfromunderthe property. Anyfutu _ _ development of the site into industrial uses, if it occurs, will not impair. �y future production from this well, or any other well,that legally may the property g Y be located on the By signing below, you agree with the above statement(s)and understand that Hunt Bros. Properties, Inc.,as part of any future development of the site, will not impair the legal production of oil and gas from the property. Please sign below signifying your agreement with this letter,return one original to me, and keep one original for yourself. r 'Tit '',. 4 , -) '-''A 91 '' k• • FROM : FqX N0. Mar. 24 2004 10:01AM P3 March 18, 200-/ Page 2 Thank you for your attention to this matter and please contact either myself at the phone number listed on my business card or Rob Laird at 303 994-?015, if any further questions. you have Sincerely, 4C-C-I- CtAi i fq-H Lau ren Light `J Lawrence G. Rause Fwx kt d4g March 23, 2004 Weld County Planning Department 1555 N. 17th Avenue Greeley, CO 80631 Dear Chris Gathman: I have attached information that should satisfy condition 2.A regarding CZ-1052 which is the Hunt Brothers property. The attached documentation shows evidence that an adequate attempt has been made to mitigate the concerns of the mineral owners as the condition requires. Please send the file to the Clerk to the Board so CZ-1052 can be scheduled as soon as possible. If you have any questions please call me at, (970) 535-9318. Thank you. Sincerely, j-C-C—C--Q`kAA Lauren Light Planner EXHIBIT I E4 a's &clak 'Y+L 'a4 t� 'PT; March 17, 2004 H.L. Willett 518 17th Street, STE. 250 Denver, CO 80202 To Whom It May Concern: This letter is written to inform you that Hunt Brothers Properties Inc., owner of the property described below has filed for a Change of Zone with Weld County from Agricultural (A)to Industrial 3 (I-3). Records indicate you may have a minerals interest in the property. Legal Description: Pt. of the N2SW4 of Section 20,Township 1 North,Range 66 West of the 6th P.M., County of Weld, State of Colorado. A previous certified letter was sent to you on December 2, 2003. The Weld County Planning Commission has recommended approval of the rezoning and prior to scheduling for the Board of County Commissioners hearing it was required that "evidence shall be provided that an adequate attempt has been made to mitigate the concerns of the mineral owners." Hunt Brothers Properties Inc. is not planning on developing the property at this time. They will notify mineral owners when and if development is proposed to ensure that potential drill sites are preserved. If no response is received from you regarding the proposed rezoning, Hunt Brothers Properties Inc. will assume you have no issues with the rezoning to 1-3 and are satisfied knowing that you will be contacted if and when the site is developed. If you have any questions, please call LANDPROfessionals, LLC at(970) 535-9318. We will be representing the owner through out the application process. Sincerely, c-3 " c Lauren Light Planner Cc: Chris Gathman, Weld County Planning Services KERR-MCGEE ROCKY MOUNTAIN CORPORATION 1006 590APWAY,Cirri 3000•PENVlp,COLOMOO mace March 19,2004 PHON1 30sz e.e00 PAX ]C0@004e0t Vie Facsimile 970-535-9854 Lauren Light Land Professionals, LLC 4311 Highway 66, Suite 4 Longmont,CO 80504 Pla Facsimile 303-289-7707 Mr.Rob Laird Hunt Brothers Properties Inc. 7321 E. 88 Avenue Henderson,CO 80640 Re: Zoning Application Township 1 North.Rance 6jlWcsl Section 20: part of the N/2SW/4 Weld County,Colorado Ladies and Gentlemen: Mr, H. L.. Willett has provided to Kan-McGee Rocky Mountain Corporation("KMG"),a copy of the attached March 17,2004 letter from Land Professionals LLC regarding Hunt Brothers Properties Inc. ("Hunt Brothers")zoning application in Weld County covering the referenced property. Please be advised that Mr. Willett and ICMG are in the process of negotiating an agreement pursuant to which KMG would earn a portion of Mr. Willett's interest in the oil and gas leasehold estate on this property. Upon entering into this agreement,it is KMG's intent to commence the drilling of an oil and gas well in the W/2 of Section 20, In light of our impending transaction with Mr. Willett and future drillings plans,we would appreciate the opportunity to meet with Hunt Brothers in order to discuss a surface use agreement between KMG, Mr. Willett and Hunt Brothers. We anticipate our agreement with Mr. Willett will be finalized in early April. As soon as KMG has a contractual interest in the captioned lands, we will be contacting Hunt Brothers regarding our planned oil and gas operations,en this property, KMG's objective is to resolve any issues between Hunt Brother's development of the surface and KMG's and Mr. Willett's operation and development of its oil and gas leasehold estate through a surface use agreement prior to Hunt Brothers receiving final approval of the project, IYV.4D! r.•,!C Ms. Lauren Light Mr. Rob Laird March 19,2004 Page 2 We look forward to working with Hunt Brothers and are optimistic that we can reach an agreement regarding the compatible development of the mineral and surface estates, Please contact Chris Greneaux at Kerr-McGee Rocky Mountain Corporation(720-264-2627)if you have any questions or comments. Very truly yours, Kerr-McGoe oc�yMountain Corporation James , ason irect of Lands Denver Basin cc: H. L. Willett Chris Oreneaux Ann B. Lane, Esq. Weld County Board of County Commissioners Page 1 of 1 Carol Harding From: LeoBissell@aol.com Sent: Monday, April 26, 2004 6:46 PM To: charding@co.weld.co.us. Subject: Change in Zoning Please do not vote to change the zoning from (A)Agricultural and Industrial 3 (1-3)zoning for the Hunt Brothers Properties. We definitely do not want building asphalt and concrete plants at this site which is what we hear they plan to do in the future. Thank you most sincerely, Leo and Margaret Bissell 3900 WCR 29 Fort Lupton CO 80621 3 x a a sr:- 4/27/2004 }` z BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS Hill f°1 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, Jacqueline Hatch, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN/FIFTEEN DAYS BEFORE THE BOARD OF COMMISSIONERS HEARING FOR C2-ICSZ IN THE AGRICULTURAL ZONE DISTRICT. 1�C(aLJ[ l WD gin V? Name of Person Posting Sign r__ c-----7 J Signature of Person Posting Sign C STATE OF COLORADO ) ) ss. COUNTY OF WELD ) I, r The foregoing instrument was subscribed and sworn to me this 1 9 day of f I _I I J , 2004. WITNESS my hand and official seal. J 110( .( a:L_ 0 -) 1��' c-- Notary Public My Commission Expires: r( / �� iX C ' V t ... +'r �' ;•s x^° y,Y,•. ,I,-.. . , yyam�, ` t — �+4 -�*4 w .aA ^vim ,* w »a. ,ww�. -• y a + n sue. �" r�^ `e't 63Y"4 ;,„,,.., r,.. !M!. NOTICE it a.w .Ne � y w'.' .. S. ::°% ' `- . ` A PUBLIC HEARING CONCERNING '" ' "' - -, THIS PROPERTY"WILL •BE HELD AT: �� :'''" —. . - WI ' r �:" t ! . Z0`' AT ; -' A?' -'� +1 .. . ;` a ' �'r• a =-� nowr t....... ,..'l,r�a ps. 4i_ '.+. s.` ` - i. I * a 21.::::‘ • a, ° CASE NO i .s :s ......4.1.-----+ ACRES ` .x , . . .:* 7 rya • �' FOR MORE INFORMATION CALL '4,, ,''Y :• , ° ".- `+� tt; WELD COUNTY DEPARTMENT OF ' '"�" �: ` � ' tl':- -�• (< '. ;' PLANNING SERVICES AT ' $ � ..;r , `� � (97Q)353-BI;Q0 ext. 3540 -. ar- �... CC t_ F .,y er . •+c' ♦ h.t r 1 . -i. a / '.. 'R• 1 M . ' I r 3 rt ✓p ` f1t , � �. �.. • 1 1 kick-. 3 5 11 0 \� -JLMt 2 QCCJ 14/ tc ~ I3 �{ — �1a/ � o � j rV � r_ P Denver Ave.,Suite B,Fort Lupton,c0 a. ,. ,-. -. ;' -.i. .. PHONE(303)BST-AOOO FA%(303)i699.240YTz- or ton Press tuiq Volume 95,No.56 Serving the Community since 1906 Saturday,July 14,2001 I ' Proposed asphalt batch plant denied by county By Sommer Everson their decision after hours of public Editor testimony- They cited the traffic is y . t y issues ass main concern especially tea`- �(�y The Weld County Board of Corn- at the WC R 6 and HWY 85 mtersec ' Xxit -t ` m issicner. unanimously denied the - e i Don ire tr proposal relied heavilyn oni's.,':. ,'", s" +,�'�' i.d. - application which would have aL future trafficli - , L.v r lowed Asphalt Speualties to buildlights at the rthe in a .': - " $'•ii -i•(-4e. -¢t' r� tam,hut a definite date for them an asphalt and hatch plant south of stallation of the lights could not be x v ...fie'° the Horton Feedlot west.of WCR 27. established. With this, the apply `�> - b .r ..<4,.. .,--_ems - �a � 'i A crowd of opponents to the cant said he would reduce truck �2V proposal tilled commissioners'cham- traffic by half, to 160, trucks until r��. hers Wednesday to plead their case 3 the lights were functional,enqug but this �i 5. before their county representatives concession was not enqu gh to ap � _' �4 Local resident Jane Sasaki pre- pease the commissiChair sent ed the board with a petition Commissioner Chairmanblilce • • - signed by over 400 people asking Cede a to rde adequate section srequiringatisfy Jane Sasaki addresses the Weld County Board of Commissioners during them to deny the proposal which applicants the would have sent up to 320 semi, health and safety issues, and said presented c hearing about d the board with athpetition of over 4 0e roposal fromsignatu es agahaltinst She the ravel, and cement trucks across he did not feel that Asphalt Special- proposed facility.The request from Asphalt Specialties was denied after WCR 27 to WCR 6 and out HWY 85. ties had accomplished this.He also- hours of public testimony. The Fort Lupton community expressed concern that approval of utilities moved. and to protecting was well represented as lifetime rest- the proposal would negatively im- r g P g private property dgnts described building their farm - Commissme believing ll gkhat t is private prHe perry righ s were ns tupt "arms, cityPact Commis toner Robe- haue a uara time Luin that this held,th property rights not ell staff told of business Commissioner Robert Masden p y g personal concerns,and state I would nd transportation raag sporta ion arguments held,that the rights of owners to sell trol described the gruesome results bet)of mipsg on proposed nom- I ai find quttepor arguments had been itelrtsd. b, anfiruck 27 is very 85,WCR agains t it persuasiveGlennV Despite specially those the tr regard- The earn itnmk versus car accidents. g, and WCR 27 is a major ' f The land owner was the only t Comt findthe proposed used said the mg tic signal especially HWY 85 concern that me He also m ate pro- he couldn'twith i tteepr surrounding n land inn fgnzlatWof band IIWYad of the erson to address the board in favor edged to accommodate pro- patible the land and the feasibility of necessary rood proposal during the public posed shoulder expansion and ac- uses lie called denying the proposal improvementson WCR6andon WCR hearing. coloration and deceleration lanes one of the most difficult decisions he 27,persuaded commissioners to side The commissioners reached would"take quite a hit" to get the has made as commissioner with re- with opponents of the project. L "Hey! Over here. . .please?" — -Inside this y''�ati - - (Left)The third baseman with issue: the Fort Lupton Athletic's pa- - �3 Photosty Donn Knutson '-r fiently waits for the ball. 1 ors + •Residents respond to 1.-47470,70:22.4) 717 ' t' proposed lent in r > 17 —It question of the week 5F l t} (Right)The third baseman is still 8 ` tr8i '' •Seniorcalendar �,ns - z • , 4t '' feu r .s� 7 s, pd`6 : patiently waiting for the ball } 1i. ra Prr,y f et Although the runner made it to d ,. Ter r �t • i > , � • Local boy treated to un home to score a point for his vK r ,�i 1 . team,the Fort Lupton Athletics ..x-. :, [„ evening of fun after .04 celebrated with a23-8 win over � Illness Erie during 4-Star Coach �, �*if't'- .- i :, .-+s... . . , . „ Pitched action last week. EXIfferr T —a Saturday,July 14,2001 Fort Lupton Press 3 Local Question of the Week; comiled What do you think about the proposed asphpaltbyBlonaoPrieto Buy brick and become a company that would be located south of Fort Lupton? permanent art of history 1 ask �� ` y', Become apart of Fort Lupton's histo and ry " .- , ©� !. Support.the Community , m,4, ` " • }` , -. Center. Buy a brick that , 4 % `n,d , , will help create the ` , 1 -� - , planter around the Larry `z �' Webber flag pole at the "I don't like the idea(of an asphalt "I do not agree with it(the asphalt Community Center. company)neartown.Itis too close company) at all. It is "It is not a Bricks can be used to Fort Lupton,and there will just be mess up the traffic,and it going l smell Traffic h traffic a. There is to rememberafallen already too much on our too many hucks going in and out of bad. I travel to Brighton on that -Bevroads. Traffic is terrible as it is." hero,commemorate your town." road every morning." Dent Law Office graduating class year, -David Smith, Owner of American -Deidro Slandefor works at Fort Dent Law Office Family Insurance Lupton Eye Care Center your family name,your ery < business;.or whatever you �• a want it tosa t Bricks can be. I *) r +/ h , bought at R&M Services � r. rls� r , _ fromJudyCerettofor o i, i L, i , $25.00,$30.00,and$35,00.. iagr., a�, r The bricks'can have no - more than'3 lines contajn- 1 $' ing 15 letters and spaces jY a per line. .n-- 1 am not in favor of additional "I am against i}, We don't want it s i '" ' " Place your order by trucks and traffic.They could con- roads. The trucks will destroy the Ilive m the rea(whould trucks calling Judy at303-857- sider Coking an alternate route." roods. Nobody wants it here,it will would travel)and would not like 4000(daytime)and -Bob Payne,Owner of Bo-Ka Jew- be too detrimental to the cofnmu- roadi,the wear and tear an the 303=857-6830'(eight),. elers oily.". -Julee Sparks, receptionist at -Marianne Johnson-TelleratBank Sinkule Family Dentistry of Colorado Trapper Peer Days ` planning n' 7r P g meeting a. this Monday v, Y ,,, ryy 1 1> it.-, Pi Come events hv plan Fort r of the big P it '°A _ t i .11 �r4 u° t gent yearly Trapperin Lupton' The Days planning :tt s '`- 3 he ]t meet- 'Ta d\ 'it ts' commutewillhavetheirnextmeet- ing on Monday,July 16. The meet ing will be held in the Branding Iron p meeting room at 7:00 p.m. "lam concerned about the traffic, the roads are already in poor con- en. The wouldn't and o ice that hap- "ttisasort because at the type at of traffic the Getdition. I don't like the idea of(Fort pea The wear betear e, the traffic,but because of the type of uet the local news Lupton) being referred to as the highway would be horrible, with thatffis.The trucks would be a danger for delivered to your husks like that. I can't see some- doorstep. traffic, getting In the flow of 'Gravel Capital of the World'." traffic would just be too dangerous. As- -Cheryl d00rSlep, Harl,OwnerofJBSFlower thing like that as a good thing. Shoppe Three-hundred trucks a day is 'malt Specialties company Is a goad crazy" company,we(the Fort Lupton Chamber Subscribe to the -Mike Stout, Clerk at Fort Lupton of Commerce)have nothingagainsithem. Fort Lupton Press Post Office It is not an Issue of who,but what they are creating." today! -Dave Jacoyetta,President of Fort Lupton (303) 659-2522 - - Chamber of Commerce - r 414m - Volume 95,No.54 Serving the Community since 1906 Saturday,July 7, 2001 I Public hearing on Asphalt Specialties this Wednesday Laving a blast at the Fort Lupton Fourth of July festivities Over 300 trucks to run daily from proposed asphalt and cement batch plant By Sommer Everson by the Weld County Planning Corn- t '' - ` Editor mission on April 17, but local rest �' dents, including Jane Sasaki, have f xGv The latest Ina series of pro- been publicorganizing hearing a up to Wednesday d the It I ✓"`s r � e posed developments destined to public hearing this Wednesday to 4l. + y i make Port Lupton what some local voice their concerns with the project L I *E residents have termed the 'gravel before a final decision is made by the - ,..:rt.,. ,fir" 7 �,zr 5 dt S1.j5P7s,,+�`" pit capital of the world" will go be- Board of Commissioners. - r '6+''' rr 2 fore the Weld County Board of Com- In a referral letter faxed to the eft '" �°" i' r'`" ' � - messioners this Wednesday,July 11 planning commission on April 18, �*4 ., at 10:00 a.m. then Fort Lupton City Planner Paul y �� / was Asphalt Specialties has pro- Rayl named some of the city's con re • t �y I I ICI I v .:71 1 posed an asphalt and cement batch cams about the project.They included A��y( ',l •L i y_ � plant to be built on 14 acres of a 67 the addition of heavy truck traffic ` !�xwS �s 1 ''' r x// acre site just south of the Horton utilizing WCR 27,HWY 52 and WCR �� " • d" Feedlots off of WCR 27 between WCR Please see"Asphalt Specialties"on -,711. i r . ,p,6 and WCR 8 The project was passed page 3 _ - 1^"Qesidents who want to voice their concerns on the proposed • , )halt Specialties plant are urged to attend the public hearing } '7j f, a�•an Wednesday,July 11,at 10:00 a.m.at the Weld County Board / of Commissioners in Greeley. -c_ .- II 1 k S._•,- People who are unable to attend, but still want to have their -- opinion heard, can submit a letter to be read during the public Phot by Sommer Everson hearing prior to next Wednesday at The crowd at the Fort Lupton High School football field was treated to www.charding@co.weld.co.us. a displayof over 178fireworks on the Fourth ofJuly. Photos from the holiday inside! And a river ran through it. . . Proposed gravel mining sites, batch plants surrounding Fort Lupton This site,locatedjusteast ofwCR 23 on WCR P r, ,..,+ ,. ,„.ac._41-4, y 5, 8 was approved as o gravel mining plant by the Weld County Planning Commissioners in late 1999. PUBLIC NOTICE �p ,y Lewis Farm + 1 L� t , y. 4r r,, While the project has not yet begun,it is scheduled s a a cra I m e . pe-a o- r is a .re,I to mine 160 acres over a 16-20 year span. To r • � ;S accommodate the pg•with d 175 vehicles, the gfi r .,,. -pett.s • y'� ^.3181 1 Se.-, owners will be working with the county to pave " rz- r" "ng yx As intersection afey ter n n has been a ad HWY ded. The,y . � s +.rn 52 mP r eci:on mYer a signal has added The project is one of at least four such ,r , --+^ „er { s ,,.' ' proje is including the Asphalt Special ins a _ich 'iP9@ + r" ' 15, x . r plant to go before the Weld County Planning Co. ","r�' '- "",.w, r d �- e 454 ",.9 mission to the Iasi two years The her projects are. Photos by Sommer Everson t r s✓ ycr Ses: '` v > a sand and gravel mine sou rh ot WCR I on WCR gravy, r approved in March 2000 and a 237 acre gravel " 4id3x.:ti:ter x z w ,, C i s p +yr a mine west of 85 between WCR 6 and WCR 6 I approved in March of this year. i 'e r Saturday,July 7,2001 Fort Lupton Press 3 7i. 'FS*l fit A '.tr`.cGt'n 1 z ~9 Local 4 F' . . —_ cal ,,,,,,,,.„4y., - `�k5t� , l' Proposed asphalt and cement batch plant to Impact on truck traffic be discussed at public hearing Wednesday on 1/VCR 6 and HWY 85 250 • "Asphalt Specialties"from page 1. south to WCR 2,and onto HWY 85 through that F W 8,as well as the containment of noise and odor. signaled intersection. WCR 8 and WCR 6 are 200 II Another referral letter,sent by the attorney also two possible routes to HWY 85. of a nearby land owner,also was concerned with the same issues. "The noise and pollution, to- Should WCR 6 become the road used,As- I gether with the increased traffic,would make the account for no moies re than 7rojects.5 percent of the daily so objector's property less desirable. It is under- traffic,and 25.8 percent of the side road traffic Number ofhat their facility will F stood a similar operation was refused by Adams and of the traffic from the intersection of WCR fucks County on the grounds stated." 100 Asphalt Specialties also tried to build in 6 and heH 85 Current Total on I Ir Brighton. They submitted an application for aThe equivalent single axle application HWY 85 and WCR5 JiI ght ofs used to measure the roads. With the h o conditional use permit to operate a sand and weight of vehicles has on the roads. With the Projected Truck Tragic from gravel mining facility and a concrete batch plant current truck projection,the project is expected Asphalt Specialties I 0 in May of 2000. At the Brighton Planning to increase ESAL by 26 percent. Commission's recommendation, "the company ThisoTotal Truck Traffic) Northbound Southbound withdrew its request to address outstanding is- project is one in severalfive-mile eoradi to with Asphalt I sues." around build similar facilities a radius _Specialties J One of the major concerns shared by city and mining in Fort c including goperations, to go before the Weld *Current total based on traffic survey done June 22. officials and residents is the estimated 320 trucks County Board of Commissioners within the last running daily that will be using WCR 27 to enter two years. and exit the facility.At a Weld County Planning The majority of them have already been )Yew/Proposed sites within Commission meeting, Asphalt Specialties indi- approved.Residents have one last opportunity cated that fifty percent of the asphalt,cement and to be heard on the Asphalt Specialties project. five-mile radius of Fort Lupton dump trucks would be directed to the south on The meeting will be held at 10:00 a.m. at the HWY 85,with the other half going north on HWY Weld County Board of Commissioners in 85. Greeley.People who are unable to attend,butric The access to HWY 85 warranted further wish to submit comments before the hearing m m discussion.Anticipated routes included WCR 27 can do so at charding@co.weld.co.us. 0 (WCR 18) v Truck traffic on intersection of CV re lie 3 rIWY 85 and WCR 6 already heavy The proposed Asphalt Specialties facilities would HWY HWY 85 and WCR 6* 85 and 136th Ave'A send an estimated 300 moreF, tractor-trailers, tandem Type of truck Northbound Southbound Northbound Southboundrt dump trucks (doubles) and on Oil cement mixers on HWY 85 daily. The northern Adams Sand/gravel/dirt 5 13 45 44 ti County/southern Weld. Cement 6 4 County stretch of HWY 85 Dump trucks 8 5 4 111 was the site of two fatalities 4 11 16 9 ll Tanker 13 involving semi trucks last Cargo 14 12 32 19 u month.Oneaccident occurred Flatbed 13 12 26 p at the HWY 85/136th Ave.in- Sod 2 0 23 Sife2 tersection and the other at Misc. 2 0 (WCR B) 5 11 10 14 the HWY 85/WCR 6 intersec- Total 66 67 147 118 tion. In both cases, the ye- Total trucks 133 265 Site hides were travelingon HWY4 Site-co85 and struck the semi trucks •7otalsfromJune22between2:55p.m.and3:55p,m.by **kTotalsframJui Smut,and aty3between WCR 6) as the trucks turned. 0:30 am.and 10:30 am. Heavy truck traffic and Site 1:Ahalt Sialties fatal accidents are nothing new to either intersec- dangerous, adding up to 46 trucks on HWY 85 Site 2:Lewis Sand an Gravel Mine tion, and the projected traffic from the proposed during peak traffic times. Asphalt Specialties has raised concern that the Above is a sample of how much truck traffic Site 3:Fort Lupton Sand and Gravel Mine additional trucks will make the highway even more HWY 85 currently handles in one hour. Site 4:Mobile Pre-Mix Concrete,Inc. (gravel mine) r Proposed asphalt batch plant approved by county planning commission An estimated 320 trucks to make daily trips from facility to HWY 85 By Sommer Everson Editor to .. a a Q The Weld County Planning Commission recently ap- proved a proposal from Asphalt Specialties Company, Inc. to build a concrete and asphalt batch plant just east of WCR 27 between WCR 6 and WCR 8. The proposal, which is slated to appear before the Weld County Planning Commission in mid-July, would allow the company to operate a 14-acre facility which will consist of one asphalt plant, one concrete plant, conveyors and an office trailer. The proposed site is located one-fourth of a mile north of WCR 6 and a half mile south of WCR 8.The plant will be in operation six days a week, with a tentative schedule for processing and truck hauling from 6:00 a.m. - 10:00 p.m. In the application to the county, Asphalt Specialties estimates that there will be a projected 320 truck trips a day. The type of trucks includes tractor-trailers, tandem dump trucks (doubles) and cement mixers. The application said, "Access to the site will be from WCR 27, just north of the existing residence located in the southwest corner of the property" The trucks will travel to HWY 85 via WCR 6 or WCR 8. Weld County Planning Commission representa- tive Chris Ghehman said the company had agreed to pro- vide all drivers with training specific to the location. Since the proposed plant is outside of city limits, city government won't have a direct vote on the project. Howev- er, Ghehman said the surrounding municipalities, includ- ing Fort Lupton, had the opportunity to submit referrals before the Weld County Planning Commission. If passed by the commissioners, the plant could be started as early as two months after the proposal is ap- proved. Planners say no to gravel mine BY JESSEFANC111LLI 7-"---1 Greeley Tribune With nearly 850 acres of mineable property,the proposed Platte Sand& t , Gravel operation has potential to be s , c� ' a mammoth mining operation f f} That's one reason officials and residents who live near the 1,200- .- acre site, about three miles north y west of Platteville andfour miles y a ai south of Milliken organized a mans- y.1 moth opposition campaign. Critics walked away from the 14.s s.: Weld County Planning Commission f }\ meeting Tuesday with yet another �, reason why they think county coin • n missioners should deny the project County planning commission mem bers voted 7-0 to deny the plans. + County commissioners will have the ( Fg v final say on the plans,although no F rpex hearing date has been set + In the recent past,gravel pit oper- s ations have been the target of crib \ cism by nearby residents who often i f s d cite dust,noise and traffic concerns. But few,if any,recently proposed r mining operations have inspired as +.-+ ay 1 . "feminingmuch opposition as the one pro- i s ;-�A fr' " yi posed by landowner Tom Sharkey G ! Historical preservation advocates, I, ditch company representative, area politicians, wildlife watchers and ". yF / even the Platteville Gilcre t Fire dis- E r 5C, trict weighed in against the project. ' Y " "The major concern we have is t' � "Cx` ,1 the impact this will haven the envi- & ronment around Platteville," said p 41 Platteville Mayor Mike Cowper.•' County planners arranged to have - I t+f re ,l the meeting ?m a largerroom to sP •' accommodate the crowd they shed- @ - r pared would show up for the hear- jy jj ing.It turned out to be a good idea: • • More than 55 people attended the hearing.A majority—about 30 of „ them stood when asked if they were part of Platteville United Neighbors, a residents'organization that oppos- es the gravel pit. The Rev Bruce Rippe poke - S,,T �..— sinner that members the group s- -- a •. .. - a.4Z m-met,s.! .,.a,. -a ,AT�rr ,e,4y ys 's - w i �C, sinners that members of the gro mammal wop0MlfTY Greeley Tribune "donated"public testimony time for Frank Stewart of Platteville,right,talks with Greeley police officers outside a planning commission meeting. him to speak on their behalf. Stewart showed up at Tliesday's meeting wearing mountain-man clothing and carrying a bowie knife and a.50 "Well folks,these are your'scat- caliber Hawken gun.Stewart dressed in the garb to remind commissioners of the historic Importance of the tered rural residents,'"Rippe said, area surrounding a proposed gravel pit. referring to a photo collage that had dozens of snapshots of nearby ' ytdlllken1" } homes "We are.a neighborhood we pro'pus d N MAdUNiiitiIy1AN,CAUSES A STIR are a community. We understand gra I p t , ,� ,,t that the applicant has made e ' Weld 4 S.> jj gQiye�QSpd'Oink vMytewarlgot plenty of attention tremendous investment but we have / ulEam T HPlanning Commission meeting invested our time, energy, lives, 3ilcrest ' �ezAh>f We/ttt;dgh finances and hopes in the area.' GC �Ra sj4? +` Rippe said he is worried that con- pit. z� it aingelt groups, is part of a and of cerns, such as traffic noise and jlbharoA art wen schools and other groundwater issues, have not been o f i ` g Weld.Wattle} proposed td the meeting fully addressed by Sharkey.But rep- r p ten area yyW GO fl, r,5the 5.e on b}a gravel min- partntatives for Sharkey and his a day „ le 't.}jp(attOYtll-Wopjd,have on buried archaeological and partner. Rocky Hoffschneider of „fl(awy"B,,ul qa a: ,t,' Platte Sand&Gravel,said the con- GI navlilo-. JJCC77 s t'rYg ¢r<'g'f 4q as,ea fgwa`n otttsitle the meeting o room after cerns can be negotiated to mutual — er v ,solll! pt'ppartedhawas a lrtga gun.The gun had no ammunition applicants An engineer for the SANDRA MACHUCP/G ley Tr bung a,aff ,c 104.3Z 3n� cite laterthe explained himself to the 50 or satapplicants assured the planning ing industry s effects on trees.They safp�',' . - 'Ott Outlet(to highly controversial nature commissioners the operation wont also lambasted applicants for not My e z sy14,7::i.,,,,.pt,v - PP,- have a significant impact on water having finished a traffic report that „f S algi,1b ropg1, ppght there was a very dangerous person levels or wildlife habitat such as cot- would show road impacts tBdtiq,palpg to hoot Sbnl$ane tonwood groves in the area.Howev- ? i Sr Said.a.'I you know know which side "The fact that the applicants r think i have art. hCI t fp olid elfaaoa but at least the chy police et; planning commission wth members not had a traffic study r s- a Sjj.'fla�"au3fQr yoG7vrelfardarM safety.challenged e the data the gravel their own inexcusable."said planning commis SS- �� +�� —Jesse Fandul/I observations about mm soon vice chairman Mike Miller I I . O 18 _ . .. = I _ 17 a i/� 16 N,.._ h y LI , ea I 493 BM / Weld Cop Rd 8 9 0 • I A938 I�) _. • 492°f. 'b I l' �J i iy • Well-.....____I : : /t• . _ •_-__ \• `° / ._.4940- Cal • / —_ I is •I /�* C -.---1 rainL - 2-6-1-----7--7 +/ ,Su I letst _ /--- ..2 1 . all LAO L FeedbL /� % ; °well Proper . �,. l Storage • 1 ---_�I Bns �... 1 v i obile om Independence - � .Park �' School \. well B Weld Con Rd 6 ' 500i L / Tank Water 494.7' _ 14950 ' ; <999 _/; 595° -,,,,..____V 30 29 28 • in ti 1 w Gr.vel pits ! ® X .,l / 4958�� BR / \`- • i + \ 1 J• t .! a9E0 _. i- LD6/ ..; 4999 / .�. \ - II J� \ ) r ' I • • Scale '-2000 L/1_, SuhlectProrne G located inSccnon ` ` j 20,township 1 North, w,,, I -_ Range 66 Wes[.6th P.M. L�® Banks & Gesso, LLC Vicinity Map M® 720 Kipling, Suite 117 Weld County USR Lakewood, CO 80215 Asphalt Specialties Co„ Inc. banksandgesso.com Hause Property 12/7/00 20011 1 1 3 4 8 l .,.1` . - e u o ✓� co m Zi z o * ) 8 lii- o amp .a oi 03 • s — w * FS ' W\. • J M t.. ygYLLLMW. k c r m+� 'a"•n ""'wy' I J' .OA14 ass I� (Milli o T GI Ii F County commissioners approve gravel none t I ',:ll l c, -, . County commissioners ap- Davis, who lives northeast of down there," Davis said. Corn- • tit proved a southwest Weld Conn- the site,said he'll be sad to see missioners are requiring an 80- 9 I Li .� --Hz ty gravel-mining and concrete the area change. decibel noise limit for the op- c Afi C operation Wednesday. Davis told commissioners eration, which' is roughly as D O liPie c 0 The 237-acre site is about 1,5 his family has owned nearby- loud as an old dot-matrix 14, miles south of Fort Lupton and land since before Colorado be- printer. C a $ O v __ , ua southwest of the intersection came a state. Hours of operation also will 4� i z 0 e it. of U.S. 85 and Weld County "My concerns are trying to be regulated. p w „ a - Road 8. keep it as pleasant as possible —JesseFanciulll 'Z :.- 9 w. J Asphalt production is also t planned for the site. Mobile rt Pre-Mix Concrete Inc.will run i ' �°!! A (13 MI 57 • the operation. Z fi . _ --1 2 The proposal caused few � 1 -a',-'--.�+ ---a �`i, Concerns among neighboring tr n OD property owners but John - I 495, : L 1 / �1 I• p RB�f303,____* i "m i 1 c Well 4 1 ° ) \° % II L\— • J ( ` Lone Pine l� kV a \ IL II- /i/ . ', 11 ' I 7 �: r j6%Y5 \ \ 1 • h ` % l , / ),,, ( / Gravel I:✓� X Pit 9-1 `- ) 9' 99 , 1 _ ( . `4960 : / �g ' � ' fi Wells f 4145•S 1 _ (CJ l 11i r 4 18 X° ( ( J 1 ° ! � r ,1 85 ° I ° 1 49.54 • n Rd. 8 • / I J- - 4930 •• b \ j _m I + 1� I Flume /`/y- %1y19 f I O \�/�-�.'9 .r - j y Well __ ----_---/ •'/�,23 • - )I \ I/'�� X47 19 °v '�'I s' 1� CI � 1t1"=2000' • ______"k‘ 0------7— I ° obit- �S • N,,,, _ r� (-1 .rk iii'ePendeace -y,..7 )497;1 11495+- 1r I( y°T/ Y� School �� 1\\��i \,I \ )i. • _ I•.:1i :.. Iil 0.92. 1• ••°Well u J. � i Water 49 Planks & Gesso, LLC Exhibit B 720 Kipling, Suite 117 Index Map Lakewood, CO 80215 Golden's Andesite Mining Company Lewis Sand&Gravel Mine 5/21/99 • 4 2/ 4a it ° 19 v I I , I 4692 .I I I r- Well'. I \ r i P . �'\ • �gSa Hill\ 924 I \ 1. �� •.i5ipnon °' \ • ° J � lw— C0UII ad — BM_H 46e 21 ( Lake Vie__,(./ phon •4S67 — __ o \ I \ / aaz 9 o q. x ow Pit .�: ;7 . i `~\\ ° / / / -, I , I III ° \ ) 1/�• .\ Ni-Ni .) \\ <e90 I at BM 92 . .rte • ��(�J. -!1�II I: • 3 J 7' J 1 / 1/ j• Rim 2) O ° I .\2/1 it c� i r) /•" i \ . i t. i • -_-_ P /31 ' ) )II Sion VV y 4883j ill \\\ r .'' \ --------4/ C. \"W.Pao ( �� I;' •-*/ ys .i - .a—H /./(,r , J \\ -- �l fit_ .c;f, F>, s _i : . /� Pearso� °¢ s V 1 / �-�I/ dark �'��. Z v]4. t _ ._..: -499OL \ 933, 0$9JI: .. 'III � ; jj \ F �Ic ]a �• I2c. ., 3 le:T=2000' Banks & Gesso Exhibit B 720 Kipling, Suite 117 Index Map Lakewood, CO 80215 L.G. Evenst, Inc. Fort Lupton Sand & Gravel Mine r- W 1111111111111 �1. IWW3 " Coy, C4717sukamoto QUIT CLAIM DEED THIS DEED is a conveyance from the individuals named below as GRANTORS to the individual or entity named below as GRANTEE of whatever interest the GRANTORS may have in the real property described below. The GRANTORS hereby sell and quit claim to the GRANTEE the real property described below with all its appurtenances. The Specific Terms of This Deed are: Grantors: Lawrence Gray Hause and Ruth V. Hause, do Lawrence Gray Hause, 2003 Balsam Drive,Boulder, CO 80304 Grantee: Asphalt Specialties,Co., Inc.,a Colorado corporation,7321 East 88th Avenue, Henderson,CO 80640 Property Description:The East 16 feet of the N 1/2S W 1/4 of Section 20,Township I North,Range 66 West of the 6th P.M., excepting therefrom the Union Pacific Railroad right of way; Together with all water and ditch rights appurtenant thereto Property Address: Consideration: One and no/100 Dollars Reservations-Restrictions: Reserving however, unto Grantors for themselves , their successors, personal representatives, heirs and assigns, all oil, gas and other minerals of whatever kind or character,lying in,on,under and that may be produced from the above described property,together with rights of ingress, egress and access to explore for,remove, mine and develop the same at all times; Executed by the Grantors on C � 2 y ,2002. awrence Gray Hause 4 Ruth V. Hause STATE OF COLORADO ) SS COUNTY OF WELD ) The foregoing instrument was acknowledged before me this,)4t day of , 2002, by Lawrence Gray Hause and Ruth V. Hause. WITNESS my hand and official seal. �U ) . 2_O0 L My commission expires: \\ tASkV P.Ca `YV CC I NotaryPublic e ° f tJlClINOA ': � " ; k ; 9AESSLEH ,a s rye r "'vim It f OF GM's= M`.HI 111\0101001mumiaimdeed.jdw 1111111111111111111 MINE IN 11111 • 2972472 07/29/2002 10:48A Weld County, CO 1 of 2 ft 10.00 D 101.25 J.A. "Suki"Tsukamoto 472 ul• . � GENERAL WARRANTY DEED THIS DEED is a conveyance of the real property described below, including any improvements and other appurtenances (the "property") from the individual(s), corporation(s), partnership(s)or other entities named below as GRANTORS to the individuals)or entity(ies)named below as GRANTEE. The GRANTORS hereby sell and convey the property to the GRANTEE and the GRANTORS warrant the title to the property,except for(I)the lien of the general property taxes for the year of this deed,which the GRANTEE will pay(2)any easements and rights-of-way shown of record(3)any patent reservations and exceptions(4)any outstanding mineral interests shown of record(5)any protective covenants and restrictions shown of record,and(6)any additional matters shown below under"Additional Warranty Exceptions". The Specific Terms of This Deed are: Grantors: Lawrence Gray Hause and Ruth V. Hause, c/o Lawrence Gray Hause, 2003 Balsam Drive, Boulder, CO 80304 Grantee: Asphalt Specialties, Co., Inc., a Colorado corporation, 7321 East 88th Avenue, Henderson,CO 80640 Property Description: The N 1/2S W I/4 of Section 20,Township 1 North, Range 66 West of the 6th P.M.,County of Weld,State of Colorado,excepting therefrom the Union Pacific Railroad right of way, and excepting therefrom the East 16 feet thereof, Together with all water and ditch rights appurtenant to said property including,but not limited to any domestic, stock and irrigation wells and Sixty-five(65) shares of the capital stock of The Fulton Irrigation Ditch Company,also known as The Fulton Irrigating Ditch Company,Second Series,and one adjudicated irrigation well known as Hause Well No.20138 adjudicated in Case No.W-138 in the Water Court In and For Water Division 1,State of Colorado,and one domestic well under permit number 78501 and one stock well under permit number 78502. Property Address: Consideration: One Million,Twelve Thousand Five Hundred and no/100 Dollars ($1,012,500.00) Reservations-Restrictions: Reserving however,unto Grantors for themselves, their successors, personal representatives, heirs and assigns, all oil, gas and other minerals of whatever kind or character,lying in,on,under and that may be produced from the above described property,together with rights of ingress,egress and access to explore for, remove, mine and develop the same at all times; Additional Warranty Exceptions: General taxes and assessments for 2002 payable in 2003; easements,reservations,mineral reservations,conditions,agreements,limitations, exceptions, oil, gas and mineral leases, leases, farm leases,restrictions,covenants and rights of way, all of record or as may exist by use on the premises, shortage in area, conflicts in boundary lines and all other matters that would be disclosed by an accurate survey including, but not limited to,encroachments and boundary discrepancies;subject to all governmental laws,rules and regulations; and subject to inclusions within any special or general districts and the benefits,liens and burdens arising therefrom and subject to those matters listed as exceptions listed on the Title Commitment and set forth in Exhibit"A"attached hereto and incorporated by reference. Executed by the Grantors on Ltt, 3`1 2002. "Lawrence Gray Hause Ruth V. Hause STATE OF COLORADO ) SS COUNTY OF WELD The foregoing instrument was acknowledged before me this 24 day of W, 2002,by Lawrence Gray Hause and Ruth V. Hause. WITNESS my hand and official seal. My commission expires: le ', Let Notary Public M1 II 1 14\10001001 wartamydeajdw • 11111111111111111111111111111111111111101111111111111 2972472 07/29/2002 10:48A Weld County, CO 2 0l 2 R 10.00 D 101.26 J.A. "Sold"Teulmmoto EXHIBIT"A" 1. Rights or claims of parties in possession not shown by the public records. 2. Easements,or claims of easements,not shown by the public records. 3. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Taxes due and payable;and any tax,special assessments,charge or lien imposed for water or sewer service,or for any other special taxing district. 6. Rights of way,whether in fee or easement only,for county roads 30 feet wide on each side of section and township lines as established by Order of the Board of County Commissioners for Weld County,recorded October 14, 1889 in Book 86 at Page 273. 7. Reservation of right of proprietor of any penetrating vein or lode to extract his ore, in U.S. Patent recorded March 12, 1924 in Book 677 at Page 86. 8. Oil and gas lease between Robert Douglas Hause and Ruth V. Hause, H & W, Laurance Gray Hause and Ruth B.Hause,H&W and H.L.Willett dated August 24, 1978,recorded September 8, 1978 in Book 844 as Reception No. 1766056, and any interests therein or rights thereunder. Note: Extension of the above lease as claimed by Affidavit of Production,pursuant to CRS 38-42-106, by H. L. Willett, recorded February 11, 1980 in Book 895, as Reception No. 1816675. 9. Matters of Improvement Survey Plat recorded January 24, 2001 as Reception No. 2821173. 10. Lack of a right of access from land to any open public road, service, or highway. 11. Terms,agreements,provisions,conditions and obligations as contained in Resolution recorded August 10, 2001 as Reception No. 2873926. 12. All matters contained in Schedule B of Title Commitment from Transnation Title Insurance Company Order No. 8051498 C-5 dated June 19, 2002 at 7:00 a.m. NOTE: The following notices pursuant to CRS 9-1,5-103 concerning underground facilities have been filed with the Clerk and Recorder. These statements are general and do not necessarily give notice of underground facilities within the subject property. (a) Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 as Reception No. 1870705. (b) Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 as Reception No. 1979784. (c) Associated Natural Gas,Inc.,recorded April 10,1989 in Book 1229 as Reception No. 2175917. (d) Public Service Company of Colorado, recorded November 9, 1981 in Book 952 as Reception No. 1874084. (e) Western Slope Gas Company recorded March 9, 1983 in Book 990 as Reception No. 1919757. (f) Panhandle Eastern Pipe Line Company, recorded June 26, 1986 in Book 1117 as Reception No. 2058722. (g) United Power recorded January 24, 1991 in Book 1288 as Reception No. 2239296. M.'HI 114,0000100 i wazuntydeed.jdw � I111111111111111111111111111111IIII It II 5CP 9724 /29/2002 10:48A Weld County, CO 4/ , 6.00 D 0.00 J.A. "Sol"Teukamo(o QUIT CLAIM DEED THIS DEED, Made this 24th day of July, 2002 between Asphalt Specialties, Co. Inc., a Colorado corporation o the County of Adams and State of Colorado, grantor,and Hunt Brothers Properties, Inc. , a Colorado corporation whose legal address is 7321 East 88th Avenue, Henderson, CO 80640 of the County of Adams and State of Colorado, grantees: WITNESSETH, That the grantor(.) for and in consideration of the mum of ONE AND 00/100, ($1.00) Dollars, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and QUIT CLAIMED, and by these presents do remise, release, sell and QUIT CLAIM unto the grantee(s), its heirs, successors and assigns forever, all right, title, interest, claim and demand which the grantor(s) have in and to the real property, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: The N1/2SW1/4 of Section 20, Township 1 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado. EXCEPTING THEREFROM the Union Pacific Railroad right of way. also known by street and number as 2292 Weld County Road 27, Fort Lupton, Colorado 80621 TO HAIR AND TO HOLD the same, together with all and singular appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor(s) , either in law or equity, to the only proper use, benefit and behoof of the grantee(.) , its heirs and assigns forever. IN WITNESS WHEREOF, The grantor(s) have executed this deed on the date set forth above. Asphalt Specialties, Co. , Inc. , a Daniel W. Hunt, President STATE OF COLORADO, } es. The foregoing instrument was acknowledged before County of Weld } me this 2 th day of July, 2002, by Asphalt Specialties, Co., Inc. , a Colorado corporation sW..P1/9 Witness my hand and official seal. .�.�.. ••'•:�C My commission expires 10-17-2002 MELINDA BAESSLER •` _ NOTARY PUBLIC 5 .5F f,`.` No.933. 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