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RESOLUTION RE: APPROVAL OF USE BY SPECIAL REVIEW FOR AN OPEN CUT GRAVEL MINING OPERATION - JOSE CHAVEZ 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 15th day of September, 1982, at the hour of 2 : 00 o'clock p.m. in the Chambers of the Board for the purpose of hearing the application of Jose Chavez, P.O. Box 184, Dacono, Colorado 80514, for a Use by Special Review for an open cut gravel mining operation, on the following described real estate, to-wit: Part of the SE4 of Section 26, Township 2 North, Range 67 West of the 6th P.M. , Weld County, Colorado WHEREAS, Section 24. 4. 2 of the Weld County Zoning Ordinance provides standards for review of said Use by Special Review, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the re- quest of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter, and having been fully informed, finds that: 1. The submitted materials are in compliance with the appli- cation requirements of Section 25. 7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Weld County Planning Commission that the applicant has shown compliance with Section 24. 4.2 of the Weld County Zoning Ordinance as follows : a. The proposed operation is in compliance with the policies of the Weld County Comprehensive Plan; the Weld County Extraction Plan; and the Mineral Resources, Volume II, The Weld County Extraction Plan states that the parcel shall be accomodated in nonirrigated areas. The parcel in question is nonirrigated. b. The design and controls proposed in the operation and the attached Operations Standards will minimize impacts on surrounding uses and the area to the greatest extent possible and provide adequate pro- tection of the health, safety, and welfare of the inhabitants of the area and the County. U2J . ) 1414 - c9-/ II/ G Q. '. ( 10/J3W Page 2 RE: USR - JOSE CHAVEZ c. The proposed operation is in compliance with the provision of Section 31. 4.1 of the Weld County Zoning Ordinance for Uses by Special Review in the Agricul- tural District. d. The proposed gravel operation was reviewed and approved by the Fort Lupton Planning Commission. e. These determinations are based, in part, upon a re- view of the information submitted by the applicant, other relevant information regarding the request and the responses of the referral entities which have reviewed this request. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the application for a Use by Special Review for an open cut gravel mining operation on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions : 1. The attached Operations Standards being recommended and approved for this request. 2. The following note being placed on the Special Use Permit Plat: NOTE: The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities related to mining and reclamation are, therefore, under the jurisdiction of the Mined Land Reclamation Board; however Weld County has jurisdiction of those matters outlined in the Operation Standards. 3. The Operations Standards being placed on the Use by Special Review Plat. The Use by Special Review Plat shall be delivered to the Department of Planning Services. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of September, A.D. , 1982. 1) 1 BOARD OF COUNTY COMMISSIONERS T °�L�� ATTEST: WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Boar J n T. Martin, Chairman By: ..e �-�-�"Z k '�:�c 61}\4- EXCUSED (Deputy County 'Clerk huck Carlson, Pro-Tem APPR6VED S TO FORM: Norman Carlson ( < < /, County Attorney C . Ki by J e K. Stei a DATE PRESENTED: September 20, 1982 r BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Date August 17, 1982 Case No. USR # 514:82:29 - aC4 ;; s- - APPLICATION OF Jose Chavez ADDRESS P.O. Box 184, Dacono, Colorado 80514 \ r% Moved by Bob Halleran that the following resolution be introduced for passage by the Weld County Planning Commission: Be it Resolved by the Weld County Planning Commission that the application for an open-cut gravel mining operation located on the following described property in Weld County, Colorado, to-wit: Part of the SE4, Section 26, T2N, R67W of the 6th P.M. , Weld County, Colorado be recommended (favorably) OUfieWatIOTVO to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 25.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Weld County Planning Commission that the applicant has shown compliance with Section 25.8 of the Weld County Zoning Ordinance as follows: a. The proposed operation is in compliance with the policies of the Weld County Comprehensive Plan; the Weld County Extraction Plan; and the Mineral Resources, Volume II, the Weld County Extraction Plan states that the parcel shall be accomodated in nonirrigated areas. The parcel in question is nonirrigated. Motion seconded by Wilbur Wafel Vote: For Passage Wilbur Wafel Against Passage Bette Kountz Bob Halleran Ed Reichert Jack Holman Bob Ehrlich The Chairman declared the Resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Bobbie Good , Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on August 17, 1982 and recorded in Book No. VIII of the proceedings of the said Planning Commission. Dated the 19th day of August , 1982 . '601-1.3-. E,c� Secretary USR-514:82:29 Jose Chavez Open-Cut Gravel Mining Operation Part of the SE%, Section 26, T2N, R67W of the 6th P.M. , Weld County, Colorado Page 2 b. The design and controls proposed in the operation and the attached Operations Standards will minimize impacts on surrounding uses and the area to the greatest extent possible and provide adequate protection of the health, safety, and welfare of the inhabitants of the area and the County. c. The proposed operation is in compliance with the provision of Section 31.4.1 of the Weld County Zoning Ordinance for Uses by Special Review in the Agricultural District. d. The proposed gravel operation was reviewed and approved by the Fort Lupton Planning Commission. e. These determinations are based, in part, upon a review of the information submitted by the applicant, other relevant information regarding the request and the responses of the referral entities which have reviewed this request. The Weld County Planning Commission recommendation for approval is conditional upon the following: 1. The attached Operations Standards being recommended and approved for this request. 2. The following note being placed on the Special Use Permit Plat: NOTE: The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities related to mining and reclamation are, there- fore, under the jurisdiction of the Mined Land Reclamation Board; however Weld County has jurisdiction of those matters outlined in the Operation Standards. 3. The Operations Standards being placed on the Use by Special Review Plat. The Use by Special Review Plat shall be delivered to the Department of Planning Services. RA:rg A public hearing was conducted on` ttemhex_15 , 1982 at 2 : 00 P.M. , with the following present: JOHN MARTIN CHAIRMAN CHUCK CARLSON PRO TEM NORMAN CARLSON COMMISSIONER BILL KIRBY COMMISSIONER JUNE STEINMARK COMMISSIONER Also present: ACTING CLERK TO THE BOARD, Jeannette Sears ASSISTANT COUNTY ATTORNEY, Lee Morrison PLANNING DEPARTMENT REPRESENTATIVE, Rod Allison The following business was transacted: I hereby certify that pursuant to a notice dated August 25, 1982, duly published September 2, 1982 in the LaSalle Leader, a public hearing was held on the request of Jose Chavez for a Use by Special Review for an open- cut gravel mining operation. Mr. Chavez was present for the hearing and reviewed his plans. No one in attendance at the hearing was opposed to the granting of the Use by Special Review. Mr. Chavez stated that he has leased the property and further that he is in agreement with the operational standards. Mr. Chavez stated that they plan to use water to keep the dust down. The gravel is approximately twenty feet deep on said property. The pit will be mined as a dry pit. Tape change 82-63 After all the testimony was received, Commissioner Steinmark made a motion to approve the request because it is zoned properly, that it will be governed by the Mined Land Reclamation Board, and, further, she included the Weld County Planning Commission's conditions and operational standards. Commissioner Kirby seconded the motion and it carried unanimously. • • 7:2 ))&24-, &2 ,, IRMAN 0 " OARD OF COUNTY COMMISSIONERS ATTEST: ,S, n e 1Te'ud " , WELD COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD B \� .�-mac Depy County Clerk DOCKET# 82-56 TAPE# 82-62 and 82-63 LHR LHR2141 Date: July 20, 1982 CASE NDMBER: USR-514:82:29 NAME: J se Chav REQUEST: Open-cut gravel mining operation LEGAL DESCRIPTION: Part of the SE4j Section 26, T2N, R67W of the 6th P.M. LOCATION: 2 miles west of Fort Lupton THE DEPARTMENT OF PLANNING SERVICE'S STAFF RECOMMENDS THAT THIS REQUEST BE approved FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 25.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services staff that the applicant has shown compliance with Section 25.8 of the Weld County Zoning Ordinance as follows: a. The proposed operation is• in compliance with the policies of the Weld County Comprehensive Plan; the Weld County Extraction Plan; and the Mineral Resources, Volume II, the Weld County Extraction Plan states that the parcel shall be accomodated in nonirrigated areas. The parcel in question is nonirrigated. b. The design and controls proposed in the operation and the attached Operations Standards will minimize impacts on surround- ing uses and the area to the greatest extent possible and provide adequate protection of the health, safety, and welfare of the inhabitants of the area and the County. c. The proposed operation is in compliance with the provision of Section 31.4.1 of the Weld County Zoning Ordinance for Uses by Special Review in the Agricultural District. d. The proposed gravel operation was reviewed and approved by the Fort Lupton Planning Commission. e. These determinations are based, in part, upon a review of the information submitted by the applicant, other relevant information regarding the request and the responses of the referral entities which have reviewed this request. The Department of Planning Services staff recommendation for approval is conditional upon the following: 1. The attached Operations Standards being recommended and approved for this request. 2. The following note being placed on the Special Use Permit Plat: NOTE: The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities related to mining and reclamation'are, therefore, under the jurisdiction of the Mined Land Reclamation Board; however Weld County has jurisdiction of those, matters outlined in the Operation Standards. 3. The Operations Standards being placed on- the Use by Special Review Plat. The Use by Special Review Plat shall be delivered to the Department of Planning Services. RA:rg USR-514:82:29 Jose Chavez OPERATIONS STANDARDS 1. The uses permitted on this site shall include the extraction of sand and gravel material as described in the application materials on file with the Department of Planning Services. 2. The applicant's haul routes shall be restricted to using Weld County Road 23 or Highway 52 to U.S. 85 as requested by the city of Fort Lupton. 3. The request shall comply with the operation policies of Section 44.4 of the Weld County Zoning Ordinance. 4. Design standards for Uses by Special Review, Section 24.5 et. seq. of the Weld County Zoning Ordinance shall be complied with. 5. Operations Standards for Uses by Special Review, Section 24.6 et. seq. of the Weld County Zoning Ordinance shall be complied with. 6. The Use by Special Review shall be limited to the plans shown hereon and governed by the Standards stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards, as shown or stated above, shall require the approval of an amendment of the Permit by the Weld County Planning Commission before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 7. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated standards may be reason for revocation of the permit. 8. The applicant shall develop a dust abatement program to control fugitive dust created by the operation on the site and the haul routes, as outlined in Standard #2. RA:rg e • CASE SUMMARY SHEET Case Number: USR-514:82:29 Size of Parcel: 20 acres, more or less Request: Use by Special Review Permit for an open-cut gravel mining operation Staff Member to Contact: Rod Allison Possible Issues Summarized from Application Materials: The town of Fort Lupton recommends that specific haul routes be used by this operation (see letter dated June 23, 1982, from the town of Fort Lupton. RA:rg r + FIELD CHECK FILING NUMBER: USR-514 DATE OF INSPECTION: July 13, 1982 NAME: Chavez REQUEST: Use by Snerial Review Permit for a gravel m ining operation LEGAL DESCRIPTION: part of the SE%, Section 26, T2N, R67W of the 6th P.M. LAND USE: N Rangeland E Rangeland S Rangeland W Rangeland ZONING: N Agriculture LOCATION: Two miles west of Fort Lupton on E Agriculture Weld County Road 23 S Agriculture W Agriculture - EOMMENTS: Slope of subject site is hilly Cuneveni cattle and horses on property. There is an nil tank and batteries in operation. Arc PGs to the site is gravel and off of Weld Iounty Road 23. BY: O lison� , CurrentPlanner RA:rg NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, Greeley, Colorado, at the time specified. All persons in any manner interested in the Use By Special Review are requested to attend and may be heard. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the_ Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. DOCKET NO. 82-56 APPLICANT Jose Chavez P. O. Box 184 Dacono, CO 80514 DATE: September 15, 1982 TIME: 2 : 00 P.M. REQUEST: Use By Special Review - An open-cut gravel mining operation LEGAL DESCRIPTION Part of the SE4 of Section 26 , T2N, R67W of the 6th P.M. , Weld County, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN WELD COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Bette M. Foose, Deputy DATED: August 25, 1982 PUBLISHED: September 2 , 1982 in the La Salle Leader LEGAL NOTICE NOTICE Affidavit t, Pursuant to the zoning laws of the Af�idavit of Publication State of Colorado and the Weld County Zoning Ordinance,a public hearing'will be held in the Cham hers of the Board of County Commissioners of Weld County, STATE OF COLORADO, 1 Colorado, Weld County Centennial ss. Center, 915 10th Street, Greeley, Count of Weld, Colorado,at the time specified Alf' persons in any manner interested in the Use By Special Review are I. w /ate `'L fit requested to attend and may be of heard said County of Weld, being duly-svgrn, say that BE IT ALSO KNOWN that the text I am publisher of and maps so certified by the Weld County Planning Commission may Cl// � /f --- that the same is a weekly newspaper of general circulation pri2nted and published in the be examined in the office of the -01_,..0Clerk to the Board of County town of _ Commissioners,located in the Weld in said county and state; that the notice or adver Centennial Center,915 10th Third Floor,Greeley, Colo-my tisement, of which the annexed is a true copy, has been published in said weekly newspaper DOCKET NO.82-56 APPLICANT ' Jose Chavez for . . _consecutive P O.Box 184 weeks that the notice was published in the Dacono,CO 80514 DATE• September 15, 1982 regular and entire issue of every number of said TIME 2.00 P.M. newspaper during the period and time of publi REQUEST Use By Special Review An open-cut gravel mining cation of said notice and in the newspaper operation proper and not in a supplement thereof, that the LEGAL DESCRIPTION first publication of said nonce was contained in Part of the 5Eia of Section 26, T2N, R67W of the 6th P M, the issue of said qe spaper bearing date the Weld County, Colorado BOARD OF COUNTY day of A.D. 19 ��`�1 COMMISSIONERS and the last publication tnereef, in the issue of WELD COUNTY,COLORADO BY MARY ANN FEUERSTEIN said-n said date, the day of WELD COUNTY CLERK AND 4 RECORDER AND CLERK 19 that the said TO THE BOARD BY• Bette M Peose,Deputy _ //.2 `< DATED. August 25, 1982 Q ice 1� Published in the La Salle leader has been published continuously and uninterrupt- Thursday,Thursday, September 2, 1982. P edly during the period of at least fifty-two con- , secutive weeks next prior to the first issue thereof containing said notice or advertisement above referred to; and that said newspaper was at the time of each of the publications of said notice duly qualified for that purpose within the mean mg of art act, entitled, "An Act Concerning Legal Notices, Advertisements and Publications, and the Fees of Printers and Publishers thereof, and to Repeal all Acts and Parts of Acts in Conflict with the Provisions of this Act," approved April 7, 1921, and all amendments thereof, and particu- larly as amended by an act approved, March 30, 1923, and an actapproved Ma 18, 1931. (.. ?-..e..e.„„/ th�d>rsher Subscribed and sworn to before me!this ��i/ day of - - .! A.D., 19_,E . My commission expires .-fZ-=1---t7.-, _ Notary Public •a,tau ).-- —c0c xa� «C�,so ZwoN yc ..r. '-WOWZ000n A SI «a_E��-EEG, m -°r 3 o Qtm x0 '.c c°. Z QFQWQg� o atflo�yv m ,3c oymrU u6mO CE o 7ZOceriUmp dP 000 u V uu' -`oE �.c N -°'u J W um ut UinJW WOW LW d V A� v,.- C''2Ic a' =oc�ai Quo^ kI> Z�armO-ujV4s-4s> . acc 6 a`�� E '8 Ea' u'_^ (n` -°5 OeYU.)- 0 _fib 0 W c� = Otma Zdo rq _V _ o O. >s a i~ Q8=ZZC~fNdE 9 !q U c ca4.r of c 3=U °S `o .^ t0« WoU U Z a,..cd Z N°v wo°° -cuyc, p� m—!?o g�y� �� O 7Q7a• ��.. f aLrm u r 9 G. = o, E urcW M E •.nY u >m O OO g,c a --Jo occ) ,. ...0 w v+c het,'' chg dd7c .^013c u>uu �m .1 'CCWZ �uF•ncf'S..,%'2 O°„g c~odt z CDC.1"o5WW.roC° OJQOui JK .."Qr≥ ° _ E a -J al E•-D.LI' I- ~ . W ru.J V WSW m0 -a a a O J co~ o•o a -a.n N:•' Qrno x E4« y WW7Qa`,Q�Zy 3Y W 0t V Zc E ° a` iN7cv �E� yYc`90 Q_Lypj , $waF3 m oa.4 -I l2 im a 3 O a'm 22u8 888.E ,2 m5� Pju $r,E ova J ° ° ° a m o �� 3 ° « o °C' ° « ° 3 3 C]• a • o Ca qN �S V... C N d .+ F. d a y W ° o U T t W T ° O.U A ,_., m .0 H u 0 m Oi Y d d t. O u.as C ' _ s.. d a m ". d .0 cu O a6 U OS 0 ., C y m m > .0 .C O m m Q • 0. GO.C .d+ O ,-. d d b .0 A;-+ c. d m 7 0 • w d ° -t...... O t �. C. C p. r U d lg. w .+ w 0, O 3 u w V. m y C c d ,� • • 0 O W a m s.as c0. C O p u ° 'O b > t d 0 c vd, .«C c = , E t4•.� Qri C ,4 .C O. O .O O.•-• .C 0 O w C a, 0 ',F, 4 , 0 .•, O �` •�^CL x o c ° a, u ". a « O, m Ct m w0 3 ..mi ?u. a o Nr- .. r°o .a. �,°�ysa a � b °ob � c0ba a `° oaa a ` p g � 3 (/' 0 p ., x x E c u r ,o ,, '0 d A i ' n$" w 0 _ N a C m 'Cr: C a. 6, d 3 y , « -C SS, C d Z. 0 z Q .1'2 ti ° r 7 b d o .O d cl y a m o d C .. °� G • b c L r E r� d o .. c o d e m a ac c c o .. ¢ 3 m o _ a03 Hrridavit of Publication STATE OF COLORADO ss. County of Weld, I, Paula A. Barton of said County of Weld, being duly sworn, say that I am an advertising derk of THE GREELEY DAILY TRIBUNE, and THE GREELEY REPUBLICAN that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days) (caw ! that the notice was published in the regular and entire issue of every number of said Ntb4: newspaper during the period and time of publication of Pursuant to the idrung laws of the said notice, and in the newspaper proper and not in a State of Co)oracto and the Wahl County Zoning Ordinance, a pvbbc supplement thereof; that the first publication of said hear net will Sr held in the Cham hers of the Board of County Corn notice was contained in the issue of said newspaper missioners of Weld County Col orado, Weld County Centennial bearing date Center 915 10th Street Greeley Colorado at the time specified All persons in any manner interested in the Use By Special Review are Second requested to attend and may be heard day of September A.D. 1982•• BE IT ALSO KNOWN that the text and maps so certified by the and the last publication thereof; in the issue of said Weld County Planning Commission may he examined in the office of newspaper bearing date the the Clerk to the Board of County Commissioners located in the Weld County Centennial Center, 915 10th Street, Third Floor Greeley, Col Second orado DOCKET NO 8256 day of September A.D. 19 82 ; APPLICANT Jose Chavez P O Box 184 that said The Greeley Daily Tribune and The Greeley Decono CO 80514 DATE September 15 1982 Republican, has been published continuously and TIME 1 OOP M REQUEST Use By Special Review uninterruptedly during the period of at least six An open cut gravel mining operation months next prior to the first issue thereof contained LEGAL DESCRIPTION Part of the SE,.4 of Sects on 26 T2N, R6,W said notice or advertisement above referred to;that said of the 6th P M, Weld County, y, newspaper has been admitted to the United States BOARD OF COUNTY COMMISSIONERS mails as second-class matter under the provisions of the WELD COUNTY,COLORADO BY MARY ANN FEUERSTEIN Act of March 3, 1879, or any amendments thereof; and WELD COUNTY CLERK AND RECORDER that said newspaper is a daily newspaper duly qualified AND CLERK TO THE BOARD BY Bette M Foose,Deputy for publishing legal notices and advertisements within The Greeley Daily Tribune September 1,1982 __ _y the meaning of the laws of the State of Colorado. September 2, 1982 Total charge: $13.34 \1 Advertising Clerk Subscribed and sworn to before me this 2nd day of September A.D 19 82 MY CG„i;wa3,iii r:;33 J- . 14, 1S^o^S missio expires5,O, , N Public APPLICATION USE BY SPECIAL REVIEW Department of Planning Services, 915 Tenth Street, Greeley, Colorado Phone - 356-4000 - Ext. 400 Case Number OS. 5---/q: 8 Zir 2C' Date Received Application Checked by /C ,u✓ Application Fee 7/ 7 Receipt Number Recording Fee Receipt Number TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) I (we) , the undersigned, hereby request hearings before the Weld County Planning Commission and the Weld County Board of County Commissioners concerning the pro- posed Special Review Permit of the following described unincorporated area of Weld County Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: Part of Section 26 T 2 N, R67 W LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit 71f , / Pod: SE 14 Section 26 T 2 N, R 67 W rBS p ,: Property Address (if available) 7135 Weld County Road 23 PRESENT ZONE 0 A OVERLAY ZONES TOTAL ACREAGE 20 PROPOSED LAND USE C-0 EXISTING LAND USE-7 SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING: Name: Hazel McHale Address: 7740 WCR #26 City -Longmont, Colo. Zip 80501 Home Telephone #857-4976 Business Telephone # Name: Address: City Zip Home Telephone # Business Telephone # Name Address: City Zip Home Telephone # Business Telephone # APPLICANT OR AUTHORIZED AGENT (if different than above) : Name: Jos& Chaves Address: Box 184 City Dacono Zip 80514 Home Telephone # 833-3274 Business Telephone # 833-2396 Owner(s) and/or lessees of mineral rights on or under the subject properties of record in the Weld County Assessor's Office: Name: Hazel McHale Address: 7740 Weld County RD2G.ty Longmont, Colo. Zip 80501 Name: Jose Chavez Address: Box 184 City Dacono, Colo. Zip 80514 Name: Address: City Zip . I hereby depose and state under the penalities of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD ) • STATE OF COLORADO t 1 i Signat : Owner or Authorized Subscribed ands sworn to before me thiJ day ebruary 19 82 ( ( r _; C �dc �✓L SEAL .' s > NOT PUBLIC �O .c • My commission expires /6G, / / e I WELD COUNTY, COLORADO SPECIAL USE APPLICATION For OPEN CUT MINE PERMIT (gravel pits, etc.) Weld County Department of Planning Services 915 - 10th Street, Greeley, CO Phone 356-4000 EXT 400 For Department of Planning Services Use Only Case Number: OR 576,4 Date Application Received: PC Hearing Date: Section: , Township: North, Range: West Zoning District: Recording Fee: Permit Fee: Recording Fee Receipt #: Receipt Number: Application Reviewed By To Be Completed by APPLICANT In Accordance With Procedural Guide Requirements: 1. I (we), the undersigned, hereby request a hearing before the Weld County Planning Commission concerning a proposed Open Cut Gravel (gravel, coal, borrow pit, etc.) mining operation for the following described unincorporated area of Weld County: LEGAL DESCRIPTION: A part of the Southeast one-quarter of Section 26, Township 2 North, Range 67 West of the 6th Principal Meridian, Weld County. Colorado. (See Attached description) TOTAL ACREAGE: 2. Surface owner(s) of area of land described Name:Hazel McHale Address: 7740 W.C.R. 26 Phone: 857-4976 Name: Address: Phone: 3. Owner(s) of mineral rights to substance to be mined Name: Hazel McHale Address: 7740 W.C.R. 26 Phone: 857-4976 Name: Address: Phone: 4. Source of applicants Legal Right to enter and to mine on the land described: Lease - (Attach Certified Copy of any Document noted to the Back of This Form) 5. Address of applicant and general office Applicants address: Jose Chavez Phone: 833-3274 General Office address: Box 184, Dacono, Colo. Phone: 833-239b 6. Identify any prior permits for open cut mining held by applicant or affiliated person: None 7. Description of Operation a. Types and number of operating and processing equipment to be employed: Dragline, crusher, loader and conveyors . b. Maximum number of employees: 5 , and number of shifts: 1 2 f 1 c. Number of stages to be worked: 4 , and periods of time each is to be worked: Until gravel is removed from the stage d. Thickness of mineral deposit: 20 feet, and thickness of the overburden: 1-3 feet e. This will be a wet/dry pit operation dry f. Site entrance/exit points and county roads and bridges to be utilized between site and delivery point(s) (must be coordinated with County Engineer) : Existing access onto Weld County Road #23 8. Description of Rehabilitation a. Proposed rehabilitation land use(s) :Revegetate with native grasses b. Source of technical advice for reclamation: Earl Longhurst, city of Brighton, Director of Parks and Recreation. c. Explanation of Reclamation Process: Slopes will be smoothed and seeded to native grasses. Rock trails with adapted shrubs and trees placed according to a reclamation plan. I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF Weld i STATE OF Colorado Signature: Owner/Authorized Agent subscribed and sworn to before me this � �'/ d 'of / � �{fig` . , 9g.Z • SEAL a N RY PUBLIC 71-PI My Commission expires ,gam (/ /f ' _ 3 �� FORT l� j Qtitpof Jort lupton COUNTY OF WELD 18 f ) - e 36 130 S.McKINLEY AVENUE FORT LUPTON (303) 857.6667 :.-.:9 P.O.BOX 158 DENVER METRO (303) 893-5404 FORT LUPTON,CO 80621 GREELEY METRO (303) 785-6108 COL ORRO° 6/23/82 Dear Mr. Oxenfeld: The Fort Lupton Planning Commission has reviewed the referral on the Dawn Sand and Gravel Open Pit Mining Permit Application. The City has no problems with the proposed land use but is concerned about some of it's operational aspects. Specifically, the City feels that it's operation could have a potentially/serious effect on City Roads which would place an excessive financial burden on the Town. Within the application itself, the haul routes are not designated. Reviewing the proposal it appears likely that many of these trucks on a regular basis would use Road 142 to US85. This would place them on City Roadway. In addition, a Street Improvements Agreement has just been signed for improvements to this road and the City would object to the use of it by this sand and gravel operation. The City believes that it could significantly contribute to the deteryf.tion of the Road. In addition the City believes that the one lane bridge would create additional safety hazards from the standpoint of how much traffic it could handle on a planned basis and whether it could take the weight of these trucks. The City of Fort Lupton would like to see the County approve this project. However, the City believes that it should be approved only if specific haul routes are •designated and that these routes be Road 18 to US85 or Road 52 to US85. The City believes that this stipulation would remove any reservations that it might have about this project and hopes you will incorporate this suggestion into your decision. If you have any questions, please contact me. Sincerely, )-1414/1(e , 62.-G‘ 1-'2%.,J-1-L-g--C-- Gay1(1 Packard-Seeburger, %r/ Circuit Rider/ Planner, Ft. Leon ) ce p'",-gi L, me, .. ..tip Afi I" ,m , � 4121, ,,("Ritt, To Greg Oxenfeld , Planner Date June 14 , 1982 " `r" ' COLORADO From Ronald K. Stow Environmental Health Services C 1 USR-514 : 82 : 29 U subject: Our comments on this proposal are as follows : 1. An air emissions permit obtained form the Colorado Department of Health, Air Quality Control Division, 4210 E. 11th Avenue, Denver , CO. 2 . Noise emissions must comply with those delineated in 25-12-103 , C. R. S . , 1973 , as amended. RKS/gm Dig671517-p.-7- -1�a_ o,ril JUN 14 198211 Co. 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Mixon 7027 Weld County Road 23z Fort Lupton, Colorado 80621 Harry H & Judy A. Ewing 7008 Road 23 Fort Lupton, Colorado 80621 Department of Planning Services Weld County Centennial Center 915 Tenth Street Greeley, Colorado 80631 Subject: Jose Chavez- gravel pit SEa. Sec 26,T2N, R67W To Whom It May Concern: We the undersigned oppose the above described gravel pit because of the following reasons ; A . Traffic will be tearing up all the county roads , and they are not in very good shape at this time. 2. It will devalue our property. 3. It will be unsightly to our property. 4 . In the past when gravel was removed people used the area of the pit and the county road itself as a dump. 5.0nce the gravel is gone , then someone will want to make it into a dump to fill the hole and this could contaminate our wells, as they are shallow. (25 to 35 foot wells. ) 6. The dust from all the traffic will be settling on our pasture and will definitly inhibit growth. 7. Both farms accross the road from proposed pit are used for livestock grazing and the increase in traffic will increase the hazards of this livestock getting in the road and being killed or someone else getting hurt or killed. —� Sinc rely, �- 772 .�LU-�9ZLxi 7! ,r i,L Cam✓ ,//(k✓1! ' Rowena J. \Mixon Harry H. Ew J'Zdy ck. Ewing p/ Witness /Y4?&F3-1 �� / P. O. Box 306 Buchanan Richard 3. acCloud Firestone, CO 80520 .4&11-6 /V Po? .24- 717' -- e-&lilL} /S2-J2/2- 1_ , AY- # Z-2 -6"6' J0.4,)42 cl_i/v 0,_ c-A. ) ta 0,,, _.e-e4.,1A6 „0, ,,,,, eee xie_ .4,,,t,i7. ,2,„L, cyoi-yL_ e,,,,r7L- ret-u-e-ev-zz7_ /9 Pa �l:aa/° 'in ,?-1 ;1-6'1;z'i a _,&&4TL - ,,,,,, ..2.,,,o -6,6 /__,,,-- -Ld iza,, , 7-, „ , 0::,; f 2 4,,c e 1 y a d-f.,(A-p_-Le ,. .idt_e, _,e, -d gi-t.),-kL,„6 .yeo /eget 2,,, YV ail &e frit 4:44-La. , ,a4 a- a17°-/ .V6/(2-, dye,(1-e- ,e, _.e,,6-_K. sApi- 2LMQ. tAJ2-e2-4- .2,/-)qz— _;,-,J ae-6,<-/zS V.7j: -4_/ /71 ,Q44,,/ o--‘- z2 ./z1-g-goe g6i-cz4t- 63- 7-L.-2-1-44 , Ay)A-a4-P--vtZyuz, 2 a. ,,,_ .,a-i--( a_,e,-;_,/, ..--1-, ze_ _25 2;-,„,,,,, , ,,,4/-J de) A",2_, :2A, .ps--2-46--yz, ,4._ ./4,7l---,g ' --i)---a 6Y7'1' ' 6F-eV'e =--4 >f2Ff-/Z0'Z_ WE11 CBIIATY MISS F riq,75-m- . Ada 7 � &e-ii-7 /" �` �{ � S E P 9 1982 __ c„-z,?/, /1. a, pe-i a-2/ i } GREEIEY. COLA A MAILING LIST USR-514 Jose Chavez • Hazel McHale 7740 Weld County Road 26 Longmont, Colorado 80501 John R. and Joyce M. Johnson 7267 Weld County Road 231/2 Fort Lupton, Colorado 80621 Harold R. and Rowena J. Mixon 7027 Weld County Road 231 Fort Lupton, Colorado 80621 • < (. Jr. —, - /2444"42XWM-1, , —01°1-4- . , _ __ _ _ My, Gam' _ ,Q2-c. -- 61 41 ---- - -- _ 1QA-ej7°'U,1 - - - - --- - - - - - H0tS_ef 727C- W - --- -------- ---- ---- - ---- ___- ___- _ O _ . r �. -_ 1 _ _ _ ___ __ -___ �� „„xe__ IN_ -Comm. ommission-Expires Mov 15,1981 A .. -)&4" - - -- - I T. - LEASE LEASE made this day of ,1982, between Hazel Miele, of 7740 W'bld County Road #26, Longmont, Colorado 80501, herein referred to as Lessor, and Jose Chavez also known as Butch Chavez, Post Office Box 184, Dacono, Colorado 80514, herein referred to as Lessee. Lessor in consideration of the agreement set forth herein to be kept and performed by Lessee, and the payment of royalties by Lessee as provided herein, and by such supplemental agreement pertaining to royalties- as may be attached hereto, and subject to the terms, conditions, and provisions contained herein, leases to Lessee that certain tract of land situated in Weld County, State of Colorado, which is particularly described in Exhibit Al attached hereto and ma part hereof, for the purpose of quarrying, mining, and removing, -ting therefrom all sand, gravel, and rocks all of which are herein re-'O materials. SECTION I Term of Lease This lease shall_he_in- effect_fora period of-one (1) year from -- i-- — - , 1982, to ,1983. Lessee shall have the right and option to renew this lease for successive periods of one year each, extending from the date of termination of any preceding lease term for one additional year for a total of ten (10) consecutive one year periods. If Lessee desires to exercise his option to renew this lease for successive periods as provided above, he shall at the beginning of each lease year pay Lessor the sum of $100.00, representing advance payment for such year of the guaranteed royalties provided for herein. SECTION II -- -- - Royalties Lessee shall pay to lessor, as royalty, an amount per cubic yard of -1- -- =- _ -- - __ - - - � t of materials removed from the premises, which amount shall be reduced to writing and attached to this lease, no later than the date that the first materials are removed from the premises. The quantity shall be determined after the materials are loaded in trucks. Lessee guarantees that royalties payable to Lessor for each year that this lease is in effect shall be not less than $100.00 and Lessee agrees to pay -such amount in advance at the beginning of each year that this lease is in. effect. Lessee shall forward to Lessor, monthly reports showing the quantity of materials removed during the preceding month, according to load tickets, with dates of loading. Such reports shall be forwarded to Lessor by the 15th day of the month following any month in which materials are removed. It is understood that during certain months of the year it may be impractical to remove materials because of weather conditions; no report shall be required for any month during which no materials have been removed. If, during any year Lessee shall remove from the leased premises a quantity of materials in excess of the amount for, which advanced royalties have been paid, then royalty for additional materials removed from the premises shall be due on the 15th day following the calendar month in which such excess materials are re- moved. Lessee agrees to keep a strict and accurate record of all materials removed • from the leased premises and all sales thereof, and Lessor shall have the privilege at all reasonable times of examining the mining procedures and checking the books and records of Lessee for the purpose of verifying the amount of royalties payable. If in any lease year, Lessee fails to remove as much material as has been paid for by advance payment of guaranteed royalties, the excess of payment of such guaranteed royalties shall not be applied as payment for materials removed in any prior or subsequent year that this lease has been or is in effect. -2- SECTION III Surface Rights of Lessee Lessee may clear brush and undergrowth from such portions of the leased premises as is reasonably necessary to explore for materials or to locate pits, quarries, and stock pile areas. In order to obtain access to the leased premises, and to carry on its operations hereunder, Lessee shall have the right to make use of all roadways presently existing on the leased premises, and shall have the right to build such additional roads or accesses as may be necessary for the production and removal of materials hereunder. In building such roads, Lessee may use materials from the leased area, and Lessee shall not be required to pay royalties to Lessor for such materials so used. Lessee may erect a plant or plants on the leased premises, if he should so desire, to process materials thereon. Lessee may also erect such building and install such machinery and equipment as may be useful in-connection with his operations hereunder. Lessee shall have the right to drill water wells.on the leased premises for use in 'connection with mining operations thereon, if required.--On-permanent — --- - ceasation of the use of any such well, or on termination of this lease, Lessee shall leave such well and -the casing therein for the use of Lessor, but Lessee may remove any pumps or motors. Lessee shall apply for and obtain all required federal, state, or local permits necessary in connection with the operation by Lessee of a gravel pit on the leased premises. All such permits shall be obtained at Lessee's expense. Lessee further warrants to Lessor that his operation shall be conducted with any standards or conditions imposed by any such permits received and pursuant to the existing law and ordinance. __ __ __ _ SECTION IV Damage to livestock, Crops, and Improvements Lessee will repair any damage done to water wells, drinking troughs;_storage__ _ _ _ -3- l � tanks, and other similar improvements on the leased premises, if any, and Lessee will pay the reasonable value of any livestock and crops that may be killed, injured, destroyed, or damaged by Lessee's agents or employees. • SECTION V Protection of Premises T Lessee agrees to provide and install adequate gates and cattle guards at all entrances into areas of the leased premises being used or occupied by Lessee. Such gates will be kept locked during •the hours of darkness, and at all times when such areas are not occupied by Lessee's personnel. Lessee shall fence the leased premises at his expense, if so required and pursuant to any such requirements imposed by state or local authority. SECTION VI Protection and Restoration of Surface In digging pits for the purpose of producing and removing materials hereunder, Lessee agrees to make separate stock piles of top soil and waste substances. Lessee agrees that on completion of the removal of materials from the pits that have been dug on the leased premises, Lessee will place any unused waste substances and materials used for roadways, back into the pits from which substances and materials were removed, with top soil placed on top, and that Lessee will back- slope such pits, using such substances and materials as have been removed from such pits. Lessee further agrees to comply with all rehabilitation requirements imposed • by state or local law or ordinance, or imposed as condition or development standard with respect to any permit which may be received by Lessee from local authorities. Before termination of the lease, Lessee agrees to plow,, level, and resod with native grasses according to Lessees. reclaimation plan, all areas where roads and stock piles have existed. SECTION VII Payment of Taxes Lessor agrees to pay all real estate taxes levied against the leased premises -4- l � before the same becomes delinquent. In the event, Lessor fails to pay such taxes, Lessee may,at his option pay any taxes and assessments as may be levied against the premises, and deduct the amount of such payment, together with any penalties or interest required to be paid, from any amount thereafter due to lessor hereunder. Lessee shall be solely responsible for any and all severance . taxes''which may apply to the removal of material from said premises by Lessee. SECTION VIII Removal of Improvements and Equipment All improvements and equipment placed on the leased premises by Lessee, except water well casings, fences, gates, and cattle guards, shall remain the property of Lessee, and Lessee shall have the right to remove such property prior to the expiration of this lease. On termination of this lease for any cause, Lessee shall have the right to remove all such improvements and equipment within a reasonable time, except water well casings, fences, gates and cattle guards, but including any materials mined and produced but not removed on the date of termination,—ail--subject to payment of royalties as provided herein. SECTION IX - Indemnification 'Lessee agrees to indemnify Lessor against liability and all claims for damage and injuries to person or property that are claimed to have resulted from the activities or omissions of Lessee or his agents or employees during the term of this lease. SECTION X Default by Lessee In the event, any default occurs in the performance of any term or condition of this lease by Lessee, Lessor shall have the right to give a thirty (30) day notice in writing to Lessee, demanding the correction or removal of such default. In the event, Lessee fails to correct or remove -5- such default within such period, Lessor may, at his option, terminate this lease. If this lease is terminated by Lessor pursuant to this Section, Lessor shall have no further rights or remedies against Lessee except the forfeiture_ of this lease. Lessee shall have ninety (90) days after such termination within which to remove any plants, structures, or equipment placed on the leased 'premises by Lessee. Lessee shall further have ninety (90) days after such termination within which to complete any reclamation or restoration required pursuant to the terms of this lease. SECTION XI Rights to Additional Minerals If any minerals, as distinguished from sand, gravel, and rock shall be found on the leased premises, the same shall belong to Lessor, but Lessee shall have the first right and option to mine the same under the terms and conditions as the parties them may agree upon. SECTION XII Effect of Agreement This lease shall inure to the benefit of and shall be binding upon the heirs, legal representative, successors, and assigns of the parties. IN WITNESS WHEREOF, the parties have executed this Agreement at Fort Lupton, Weld County, Colorado, the day and year first aboi.e written. LESSOR: Hazel McHale _ y' LESSEE: Jose Chavez, a k/a Butch Chavez -6- I WHEREAS, the Water Users have objected to the mining, reclamation and augmentation plans unless additional con- ditions are met and the mining company and the Owners are agreeable to these additional conditions : NOW, THEREFORE, it is mutually agreed as follows : 1. The mining company agrees as follows : a. To conduct the mining operation in accordance with the requirements set forth in the mining plan and the regulations of Weld County and the State of Colorado. b. To restore the premises to the condition set forth in said reclamation plan and the regulations of Weld County and the State of Colorado: c. To construct the ponds contemplated by the plans in a good and workmanlike manner, and such a manner that the same will have outlet structures as shown on the re- clamation plan; d. To cause surface and subsurface drainage to drain naturally into the South Platte River, as has been his- torically done, except as the same may be altered as shown on the mining plan and reclamation plan. 2. The mining company and Owners further agree as follows: a. As long as they, their heirs, successors and assigns, own or have an interest in the property described on Exhibit A, they will maintain the restored structures shown on the mining and reclamation map, including ponds, channels and outlet structures in a good and working order and will do nothing to said structures which would adversely affect the interests of the members of the Water Users ; b. They will not claim, as a result of mining and restoration of the property, that any water has been salvaged or developed; any water to be used in the mining operation and restoration process will be considered tributary water to the South Platte River and be subject to the appropriation system and the other existing laws of the State of Colorado; however, as a result of the surrender of water referred to in paragraph 3 below, the mining com- pany will be permitted to take water from the mining ex- cavations for use in the crushing and washing of sand and gravel to be mined, and the mixing of ready-mixed concrete, during the term of the mining operation as set forth in the mining plan. G iit r- JUDITH L . H A M I L T O tV '. Consulting Geologist and Engineer G R O U N D - WATER AND ENGINEERING GEOLOGY 2951 Curtis Street • Denver, Colorado • 80205 • (303) 534-9007 flay 11, 1982 ^1r. Cecil Crowe Alpha Engineering p.n . r'Ux 392 Fort Lupton, Colorado 80621 Dear Mr. Crowe: As you requested, I evaluated temporary make-up water require- ments during mining operations on the Dawn Sand and Gravel Corn- pany mining operations in the PG of the SEt Section 26, '1'211, R67"1, v1eld County, Colorado. T understand that a pond about 100 feet in diameter will be open during the mining operations to supply water for dust abatement. Tt is estimated that the pit will be operated approximately 180 days per year, during which days watering for dust abatement will occur. At a use rate of 5000 gallons per day, approximately 900,000 gallons, or 2.76 acre-feet, would be used per year. In addition, water will be required to replace evaporation losses from the pond. At a net evaporation rate of 31" per yLar, the evaporation from this pond would be .l.7 acre-feet per year. Thus the total water consumptively used from the operation is anticipated to be approximately 3.23 acre-feet per year. This ' could be supplied from leased surface water rights. I under- stand that the pond will be filled-in after mining is terminated , so that there will be no consumptive use after termination of mining operations. 41HRespectfully subrnitl, -� .- �'')3 V1.LLf`' h •'ra A • 9 E-A-:-.i 94 U 5 ,.1 j Judith L. IIamiltorl V... ,. .i . „Lu.C,is°%%4t44„ % 1O AIR POLLUTION 'TROL DIVISION - COLORADO DEPA 'ENT OF HEALTH 4210 E. 11th A�,_.�ue, Denver`, Colorado 80220 -� .. \ ,ione: 320-4180 • APPLICATION FOR EMISSION PERMIT This application shall be filled out completely - see instructions on reverse side. 1 . PERMIT TO BE ISSUED TO: Telephone No. 1-303 833-3274 Jose I . Chavez 2. MAILING ADDRESS (include zip code) : P .O. Box 184 Dacono CO 80514 3. TYPE OF ORGANIZATION: / /Corporation /7Partnership /X}Individual Owner / /Governmental Agency 4. AGENT FOR SERVICE: Jose I . Chavez 5. GENERAL NATURE OF BUSINESS: mining, sand & gravel 6. AIR POLLUTION SOURCE: Pursuant to Regulation No. 3 of the Colorado Air Quality Control Commission, application is hereby. made for an crusher & screener Emission Permit for the following air pollution source (attach separate sheet where necessary) : 7. SOURCE LOCATION ADDRESS: 7135 Weld County Road 23 , Ft. Lupton COUNTY(IES) : Weld 8. ESTIMATED COST OF SOURCE OR MODIFICATIONS: Process Air Pollution Control Equipment • Equipment Days Per Year Source Will Be Operated 9. STATUS (check and complete applicable items) : _ /x /New Air Pollutant Source Estimated Date Estimated Date /Control Equipment Being Construction Construction Added to Existing Source Will Begin Will Be Completed /7Activity Change 6-1-82 10. Check is enclosed to cover APPLICATION FILING FEE /7 $40.00 (see No. 10 on reverse side of this form) 11 . ANTICIPATED START-UP DATE 12. DATE OF APPLICATION 6-1-82 whenever we send it 13. SIGNATURE OF LEGALLY AUTHORIZED PERSON 14. Type or print name and official title of person signing this application. Jose I . Chavez - operator Date Received 15. REMARKS: APCD 200C (REV. 3/80) INSTRUCt ,NS FOR THE COMPLETION OF THE Pk, A APPLICATION FOR EMISSION PERMIT COLORADO AIR POLLUTION CONTROL DIVISION The following instructions for the completion of the Application for Emission Permit are titled, lettered, and numbered the same as the applicable sections of the form on the other side. U 1 . PERMIT ISSUED TO. List the name of the person (e.g. , corporation, partnership, association, individual owner, or government agency) to whom the license is to be issued and who will therefore be responsible for the operation of the source. 2. MAILING ADDRESS. 3. TYPE OF ORGANIZATION. Corporation, partnership, association, individual , government agency, etc. 4. AGENT OF SERVICE. Person or persons designated to accept service of process. 5. GENERAL NATURE OF BUSINESS. List the business activity; for example, meat packer, saw mill , furniture manufacturer, commercial printing, tire retreading, etc. Also list type of business activity per Standard Industrial Classification (S.I.C.). 6. AIR POLLUTION SOURCE. List common name of: a. Emission Source: This class includes any building, facility, structure, installation, activity, machine, equipment or device, the use of which may cause the emission of air pollutants. b. Air Pollution Control Equipment: This class includes any article, machine, equipment or contrivance, the use of which may eliminate, reduce, or control the emission of air pollutants. , 7. SOURCE ADDRESS: If the source is portable, list the locations and dates where source will be operated during duration of permit period. Please include a map indicating the exact location and showing major topographic features. __ 8. ESTIMATED COST OF SOURCE OR MODIFICATIONS. Enter estimated cost of Air Pollution Control Equipment and Emission Source as described under 6 above. 9. STATUS. Check one box applicable to status of source. Two dates required. . 10. APPLICATION FEE. Pay only $40.00 filing fee at this time. Initial and final approval fees shall be requested by separate letter. 11 . ANTICIPATED STARTING DATE. This estimated date allows the Division to conduct the required emissions inventory. • 12. DATE OF APPLICATION. 13. SIGNATURE OF LEGALLY AUTHORIZED PERSON. The form must be signed by a person legally responsible for his action as agent of the person listed in Item 1 . 14. THIS APPLICATION MUST BE SIGNED BY THE INDIVIDUAL(S) RESPONSIBLE FOR AND AUTHORIZED TO ACT ON BEHALF OF THE APPLICANT. 15. REMARKS. Applicant may request a copy of the preliminary engineering analysis in this space. . COLORADO DEPARTMENT OF HEALTH AIR POLLUTION CONTROL DIVISION 4210 East 11th Avenue Denver, Colorado 80220 Permit No. (303) 320-4180 AIR POLLUTANT EMISSION NOTICE (APEN) •7 FUGITIVE DUST Name of Firm: Dawn Sand & Gravel Mailing Address: P.O.Box.Box 184 Dacono CO ZIP 80514 Project Location: 7135 Weld County Road 23 Ft. Lupton County: Weld Contact Person: Jose Chavez Phone: 1-833-3274 Type of Activity: . Sand & Gravel minins Estimated Starting Date: 6-1—82 Date of Completion: Work Schedule: 8 hours/day 5 days/week 36 weeks/year Include a schedule for each activity below if substantially different. DATA REQUESTED BELOW SHOULD REFLECT A TWELVE MONTH PERIOD OF GREATEST ACTIVITY SINCE EMISSIONS ARE ESTIMATED IN TERMS OF TONS PER YEAR FOR THE WORST CASE YEAR. TOPSOIL Est. yds. to be Removed: 3816 or Est. Scraper-Hrs. required for removal : Total Est. amount to be Stockpiled: 3816 Description of Control : wet A. For future reclamation 3000 B. For cut and fill activities 816 DRILLING No. of holes required for: N/A Overburden or Ore; N/A Coal Description of Control : Frequency of Drilling: holes/day days/year BLASTING Amount of material requiring blasting for removal : N/A Est. Frequency of Blasting: Estimated blasts/day: days/year Type of explosive used: -1- PRODUCT REMOVAL Cubic yards or tons of: 3816 Overburden; Coal ; 47500vdRock: _ Other Equipment to be used (end loader, dragline, shovel , etc. , include capacities) : 3/4 yd dragline, 5 yd loader Product Transportation (include on and off property) by conveying and unpaved haul road: No.of Trips Ave.Vehicle Mileage per Capacity No.of Trucks No.of Wheels per day speed day per Truck 1 . 10 yds . 2 10 6 55 9 Haul 20 yds . 1 18 6 55 9 Trucks: 2. 3. 4. From 1 To Distance (miles) Haul Road and Conveyor Distances: 1 . pit stockpile 500 ' 2. W.C.Rd. 23 stockpile 300 ' 3. 4. 5. Description of controls for unpaved haul roads: watering Description of Controls for Conveyors: material will be wet LOADOUT TO GRIZZLY OR STOCKPILE Description of loadout (truck bottom dump, truck end dump, conveyor, pneumatic elevator,etc.) : from dragline to Conveyor to stockpile Description of Controls (watering, chemicals, etc.) : watering STOCKPILE (RAW) Cubic yds. or tons of: 800 yds Overburden Coal 12 , 000 yds Rock Topsoil Other(Describe) Method of loading into pile (conveyor, stocker, end loader, etc.) : Conveyor Controls: water Length of time stockpile remains undistrubed every 20 days -2- LOADOUT FROM STOCKPILE TO PROCESSING Description of Loadout (bulldozer, conveyor, etc.) : 5 yd. Loader Description of Controls (watering, chemicals, etc.) : watering Loadout schedule: 100 tons/hour 6 hours/day 5 days/year PROCESSING Tons/year of Material Subject to: 45, 000 yiirimary Crushing; Secondary Crushing Tertiary Crushing: Recrushing; Fines Mi11 45, 000ydsScreening; % Moisture Content (of raw material ) % Moisture Content (of finished material) Description of Controls (bagfilter, spray bars, etc.) : material is mined wet CONVEYOR AND TRANSFER POINTS ( IN PLANT) Description of Controls for Conveyors: material mined is wet (Indicate on separate diagram if more than one conveyor system is involved) Number of Transfer Points: o n e Description of Controls for Transfer Points: material mined is wet Quantity of material conveyed: 45 , 000 yds . STOCKPILE (FINISHED OR PROCESSED MATERIAL) Cubic yds.or tons of: Coal ; 45, 000 Rock; Other(describe) Description of Controls: material will be wet Method of Loading into Pile: conveyor Length of time stockpile remains undisturbed: 3 mos . days LOADOUT FROM STOCKPILE FOR FINAL TRANSPORT Description of Loadout: 5 yd loader Description of Controls: material will be damp Loadout Schedule: 30 tons/hour 8 hours/day 5 days/year -3- ( V FINAL TRANSPORT Method of Transport of Product (Check One) ; n Haul Truck on paved roads ri Rail Car; OOther (describe) Haul truck on gravel paved Roads Capacity of Transport Vehicle (tons or yd3) : 10 yds Haul Truck; Rail car Description of Controls: watering Description of Route: 4000, of gravel Road ROAD MAINTENANCE Estimated Number Hours of Grader Work Required on Unpaved Roads: 0 (Daily) 12 (Annually) EXPOSED AREAS Estimated Total Disturbed Acreage Subject to Wind Erosion: 12 Time before revegetation: 12 Months or when proper time to seed. Estimated Total Acreage Required for Tailings or Waste Disposal : none Description of Controls and Reclamation Plan: reseed in native grass trees, contour slopes Remarks: Signature of Person Legally Authorized to Supply Data: Typed or Printed Name and Title: Jose I . Chavez - operator Date: -4- • OPEN PIT MINING PLAN The gravel will be mined in 2 stages . The first stage will consist of 6.25+ acres at the east end of the property. The top soil will be removed and stockpiled. The gravel above the ground water level will be removed with a loader be crushed and stockpiled by conveyers . The gravel below the ground water level will be removed by a dragline crushed and stock- piled. The area mined will be back filled with waste material to one foot above the ground water level. Topsoil will be spread evenly over the mined area and adapted grasses will be planted. The haul roads on and off site that aren ' t paved will be watered to control dust and the gravel will be damp when mined. The second stage consists of 7.27+ acres at the west end of the property. This stage will be mined and reclaimed in the same manner as the first stage. ' 4 c RECLAMATION PLAN: The rehabilitation of this gravel pit shall conform, where applicable 'to the Weld County Open-Cut Mining Regulations and to the full provisions of the "Colorado Open Mining Land Reclamation Act of 1973: The ultimate use of the land to be a private recreation area providing habitat for upland game birds . The Owner reserves the right to make minor changes to Levels and slopes . Dawn sand and gravel will plant all exposed, disturbed or reclaimed surfaces with grasses native to the area. The trees will be planted in clumps on the perimeter of each area as appropriate. These trees will be planted as soon as the state of reclamation allows and will be guaranteed to survive one year after the end of each stage. Each clump will consist of 3 trees, 1" caliper or greater with 10 bushes of adapted wild life food and cover. All slopes will be graded to a minimun of 4: 1 and will be worked to provide natural appearance. All recreation roads will be off site on other property belonging to the owner. No off road parking is planned. For the most part reclamation will be done concurrently with mining operations with the planting of grasses and trees done as early after the completion of each stage as possible to assure good growth. The grasses planted will be adapted species, seeded according to Soil Conservation Service Standards . k. SOILS The Midway soil is shallow and well drained. It formed in residuum from calcareous shale. Typically the surface layer is light olive brown clay about 7 inches thick. The underlying material is light brownish gray clay about 6 inches thick. Depth to calcareous clayey shale is about 13 inches . Permeability is slow. Available water capacity is low. The effective rooting depth is 10 to 20 inches. Surface runoff is rapid, and the erosion hazard is moderate to high. It is fair for open land wild life as proposed in the reclamation plan. The Shingle soil also is shallow and well drained and formed in residuum from calcareous shale. Typically the surface layer is grayish brown loam about 6 inches thick. The underlying material is light yellowish brown clay loam about 12 inches thick. Depth to calcareous clayey shale is about 18 inches . Permeability is moderate. Available water capacity is low. The effective rooting depth is 10 to 20 inches . Surface runoff is medium to rapid, and the erosion hazard is moderate. This unit is used as rangeland and wildlife habitat. The potential native vegetation is dominated by alkali sacaton, western wheatgrass, and blue grama. Typically the surface layer of this Vona soil is grayish brown. The upper 6 inches is loamy sand and the lower 6 inches is fine sandy loam. The subsoil is brown and light yellowish brown fine sandy loam about 16 inches thick. The substratum to a depth of 60 inches is sandy loam. Typically the surface layer of the Valent soil is brown sand about 6 inches thick. The underlying material to a depth of 60 inches is brown sand. LEGEND Midway-Shingle - 36 Vona 72 Valent 69-70 Vegetation 36-Midway Shingle Complex This Unit is used as rangeland and wildlife habitat. The ' - • potential native vegetation is dominated by alkali sacaton, western wheat grass, and blue grama,buffalo grass, side oats grama, needleandthread, little blue stem, sedge, witerfat, and fourwing saltbush are also present. Seeding is desirable if the range is in poor condition, Western wheat grass, blue grama, alkali sacaton, side oats grama, little bluestem, pubescent wheat grass, and crested wheat grass are suitable • for seeding. 69-70 Valent Sand, and 72 Vona Loamy Sand . The potential vegetation is dominated by sand bluestem, sand reedgrass, switchgrass, side oats grama, needleandthread, little bluestem and blue grama. Grasses that can be seeded on this range site are, sand bluestem, sand reedgrass, indian grass, swichgrass, side oats grama, little bluestem and blue grama . Because this soil is susceptible to soil blowing, it should be seeded using an interseeder, •or the seed should be drilled into a firm, clean sorghum stubble. Seeding early in " spring has proven most successful. Trees that are best suited and have good survival are Rocky Mountain Juniper, eastern red ceder, ponerosa pine, and Siberian elm. The shrubs best suited are skunkbush sumac, lilac, and Siberian peashrub. Wildlife _ Habitat for pheasants and morning doves can be developed on this project. Many non-game species can be attracted by establishing areas for nesting and escape cover. l 1 Greeley, Colorado from the Office of THE BOARD OF COUNTY COMMISSIONERS August 26 , 19 82 WELD COUNTY, COLORADO • Publisher: Please insert the enclosed notice in Y:�ItX i UXT`s'XXXff your next issue , one time only. After publication, please send us your statement for same along with an affidavit of publication and we will remit accordingly. Thank you for your cooperation. ' Sincerely, . Docket No. 82-56 THE BOARD OF COUNTY COMMISSIONERS • Docket No. 82-57 WELD COUNTY, COLORADO • BY: Mary Ann Feuerstein County Clerk and Recorder and Clerk to the Board J BY {., Deputy County Clerk ATTENDANCE RECORD a TODAY' S HEARINGS ARE AS FOLLOWS : DOCKET NO. 82-56 - JOSE CHAVEZ - USR - Open Cut Gravel Mining Operation DOCKET NO. 82-57 - JOSEPH & DONNA STREIT - USR - Dog Kennel & Breeding Facility PLEASE write or print legibly your - name, address and the DOC # (as listed above) or the applicants name of the hearing you are attending. NAME ADDRESS HEARING ATTENDING • r-'•f,r 7-76-2/ 2 _ 4i� /.� � �!>Z c / 0i-� . �. 11L� _ /- / 3 / �_. t �u �� c �T T�( 57`t� r �� / U I sP 7 o 0 i o e I r, i u j o I �� y •SENDER. Complete items 1,2,and 3. in F. 1 , I o Add your address in the"RETURN TO"space on ® w J I t._I ' IC%Crait o I 'r ! W wo 1. The ollowmg service is requested(check one.) __, o,- r CJ Show to whom and date delivered —¢ EC ¢o I w I o !•a lo.- F>� ❑ Show to whom,date and address of delivery —Q (I WQ c -i ¢ > Zr o ¢� co 0 RESTRICTED DELIVERY ;f a dam C it O , o, I=N ,0 J 1000 W Show to whom and date dzlive F l �y CE W I w Q W • o f IoQ> I�o> Isou�o u. w ❑ RESTRICTED DELIVERY. 0 ,_=,t tv LL a I� :W mawE �>> 1�W a a Show to whom,(lite,and ad.:;"u of delivery.$_ oF- ooh o_J oo,n w a �LL ,� O I w W N v=ia wo l 'al`6-' 'v=ia a ¢O 62-5b 0. - -� .C O ^ I w 301AH3S 1d1303H PJHf113H o a Jerold R. & Rowena J. Mixon _ c' o ; 0 I s301AH3slt1No11do c i- 7027 WCR 232 er u) 0 o - s33J80d831SVJ1SDd1lnsNo9 ° (/) -ort Lupton, CO 80621 O U a 9L6I 'AV`008E - I RE6iSTERED NO. , C•r'; ,zU fii-IED NO. INRED NO. `11 D� I ., Always oht-iiro Sig-,aturo of addre;aa or agent) CO ® i...,� �o c O( I I I n I h,ve received the artu::described above. N C I r, 5lC'1AT CAddre ❑Authorized agent CO 17: Cs .b r--I o 7:l - 1 �1 CC u ,'TO > > a ,o as ,o» D EGECELIU9 ��elf K //`\ R� O co W W .:o loo , ,,=>.> cc W u •�� --e' /V�J H C (r > ❑ i.. W Ida Isoo W A t- b O) nE ` a 7, F� o W z -- f „ ® u' W0O7ii O O w W W �w oo>- "Le> lovoiW- o w 2 5. d.UDRE (Com eta only i eared) ,_.t F- -.� o �ww ~w-- z f , /� Q .T. '0 W W I v�o w¢o v:oo v:¢¢ Q ¢ v u ri 1.1 W [L iii F t7 _ ? N G w I ¢ in o: 33IAH3S 1dl333H NHf113H 8 a `'' „ a w c 3 O ¢ w o Q —i 8. UNABLE TO DELO/Eft ari:A E,' Ct,E 'S a C-) S331AH3S 1VNOlldD -' 3 Cil IAu �� N O� OC. 2 S331 H01 H31SVL1JISOd 1l0SNO3 o o a � $ t ed n p r = N. J 9L6I 'WV`008£WI *GPO.19�s 2584148 _J 0 0 0 0 i 0 0 I 0 Fl I rl o i I 53.: e-m `in o I ete items 1,2,and 3. a •SUNDER: Add yiour address in the"RETURN TO"v reverse. space on CC Intl '¢ O .-C H c I ,,, a m- I o O s. 1. T�hhe,��f>llowing service is requested(cheek one.) �w •,..z [ 'Show to whom and date delivered —a 1= h } cc a o¢ 'o'' ; 0 Show to whom,date and add:e,s of delivery _It )L9 u'Q > s< �o 'moo �= l•-i2,?,' cu ;� 0 RESTRICTED DELIV,-RV o az y of O W w os _oy of o w v O) ,�. s�row u U o ... Ow I W o mow W so Show to whom and date delivered � � p�ry a o 00i CI-' loQj �» �¢¢ O a 0 RESTRICTED DELIVERY. p0 a x— '� M G a ¢ o, o'ow OM:7 =ow w o Show to whom,date,and addi:sa rev alb ac N O W U F- No ,w�co Ivsioo I,oas G` O 6■ LI W CO w I Q `r s� • U a P 1a" cc 33lAH3S 1d1333H NHf113H o cc /— � 0.. 6 R" a I S331AH3S 1tIN011dD a uTC. Co. ah av e 18 / � J- O 0 1-' S33d Hod H3ISI/LSIISGd 1lflSNO3 2 I2 ", U �°Co 480 714 c.9L6I 'add'008£I auono' \v v > c� z \ ) �' •- 7 O_O__ ____.._____(,* 'n s itt i.-‘13 ED NO. CERTIFIED NO. INSURED NO. 0 4 0 u 0 0 1 ,> : o o , 0 / • 0 ' ) 1 e CO ,G r1 ,r, ;,5 — (Always obtain s'g•lature of addresses , a. t) 'I ki o• - I hive received the article de-.Hired above, I / co �_ J - - o - _ n sir.mM'JRE CQAdds.•ssee (]Ruth nized agent + C7z O > I a`. ¢` Lki �1- I� > I z ', ''w a„¢,¢ i..' 4,' {�IC- 2/ � ,Wa Imo¢ !.._, E LO U oz Q1 w w I ow to ,I --ww w AAT OF L. 1 fFRY T tjcct 3 O I> ❑ =1 it,,,, I`o� i000 W -_7 `J) LW- O U a c �J Ian i�o off / LL /f 8 .. 'a O 'Z1 M I.L. a V -,1.10,-- .'...<'''' ¢¢ Q a 5. A'�DRE.S(£a.r.,�: ss cr EJ st requested) ❑ ¢ xa Ix.-w Ion- loom w O O 1 q� ,a-Low =ow yF- N JJO d W I mo �n¢o woo iv�a¢ R 0¢ ,1 a 1 ( a. z o e U 0. i w l in ¢ 33IAH3S 1d1303H NH013H " A t ( 9 O a. a a d 3 t--7 U S33IAH3S 1VN011d0 F Ki 6. UNABLE TO DELIVEP,...CCAUSE: CL "i O I M O N. -IDO,1 S33a1 H0d B?1S.19:S3d!llS.C3 2 Ip ro o to 9L6I 'JdV'008E' R-. Jlr frL '*.l:19711.^;3817 I s ®SENDER: Co*,p?etc:tams I,2,and 3. Di ®SENDER: Complete items 1,2 amt 3• aFe ;s Add your address in the"RETURN TO"apace on Add yob address in the RETURN TO"W on 7 ILRCISE. o reverse. w 1. Thefollowmg service Is requested(check one,) 1. The following service is requested(check ona.) - [�Show to whom and date delivered....,, —q [Show to whom and date delivered............—a O Show to whom,date and addle of :clivery _� �- ❑ Show to whom,date and address of delivery..._a O RESTRICTED DELIVERY O RESTRICTED DELIVERY • Show to whom and d!te delivered _Q —Q O RESTRICTED DELIVERY. CO Show to whom and dote delivered O RESTRICTED DELIVERY. Show to whom,date,and address of delivery.$_ Show to whom,Bite,and address of r?e!'ery.$- 2iL-7b O,..-JOJohn R. & Joyce M. Johnson -lazel McHale 7267 WCR 2312 7740 Weld County . 26 Fort Lupton, CO 80621 CO 80501Rd ,ongmont, :"� REGISTERED NO. CERTIF'I'ED NO. 6[U341RED NO. -, i SaCrTERM NO. ' CERTi:-ED 1irO� [NVURED NO. c rt4) n (Always abt -o s qr store mi tK[t!raa,a:e a agent) M r__ays_. •n s•.r a�!Y°=f ad'{rs a age r I have rcceNcd the article ue,cobed above. i _�' ~ — the ' — - I 1-.'s:reces'.eu article described above. • S.t::NATURE ❑ e ❑Authorized a:,t x� !iC fgTURE ❑lddra Sea ❑Authmized agent E-6 TEE Dz IVE TMAR 4• }[+ POSTMARK r-, z. DATE l? L;LL /ER• �' ;., a• 5. ADDriE a C:n;Di2te only.7. A t° '� Z g, ADRESS:Ccmpte'a only it requested) ""1 en o xi �.rn 1,► C. UNABLE TO DELIVER BECAcIE: `•rte ERIC'S q t7 INITIALS ,O6- UNABLE TO DZLIVER BECAUSE: 0 er<S r _ *GPO:1979-228 43 P *GPO:1979-258848 Y Hello