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Home My WebLink About20010156.tiff DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue, Greeley, CO 80631 Phone (970) 353-6100, Ext. 3540, Fax(970)304-6498 USE BY SPECIAL REVIEW APPLICATION Application Fee Paid Receipt# Date Recording Fee Paid Receipt# Date Application Reviewed by: TO BE COMPLETED BY APPLICANT: (Please print or type, except for necessary signature) LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA' SW Quarter, Section 4, Township 2 North, Range 68 West of 6th P.M. PARCEL NUMBER: 1 3 1 3 0 0 3 0 0 0 5 0 (12 digit number-found on Tax I.D. Information or obtained at the Assessor's Office. Section 4 , T 2 N, R 68 111/-Total Acreage 44.42±Zone DistrictPUDR1 Overlay Zone Property Address (if available) None Proposed Use Residential Lots and Open Space SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE SPECIAL REVIEW PERMIT Name: Katharine H. Oliver Address: 2385 Homestead Place City/State/Zip:Longmont, nd- CO 80-name Telephone: M-4791 Business Telephone Same Name: Address: City/State/Zip: Home Telephone: Business Telephone APPLICANT OR AUTHORIZED AGENT(if different than abovel Name: Glen Droegemueller Address: 822 7th Street, Suite 350 City/State/Zip: Greeley, CO 80631 Home Telephone: Business Telephone: 970-353-9599 _ DEPARTMENT OF PLANNING SERVICES USE ONLY Case# Floodpiain: o Yes ❑ No Geologic Hazard: ❑ Yes o No I hereby state that ail statements and plans submitted with the application are true and correct to the best of my knowledge. 124,1A-d29— Rev: 1-27-97 Signature: Owner or uthorized Agent 2001-0156 5 GLEN DROEGEMUELLER, P.C. ATTORNEY AT LAW 822 SEVENTH STREET•SUITE 350•GREELEY,COLORADO 80631 •(970)353-9599•FAX(970)353-9597 October 13, 2000 Anne Best Johnson Department of Planning Services Weld County 1555 N. 17th Avenue Greeley, CO 80631 RE: Amendment to USR-1199 Dear Ms. Johnson: Accompanying this cover letter please find the items I believe to be necessary to initiate an Amendment to USR-1199. As you are aware, I am representing the applicant during her absence from the State of Colorado. Her husband has previously provided you with a letter which identified my authority to act on her behalf • Enclosed please find: I . One original application form plus nineteen copies. 2. Ten 24 by 36 copies of a Special Review Plat Map. 3. One 8 'L by 11 reduced copy of the Special Review Plat. 4. One response to the Use by Special Review Questionnaire plus nineteen copies. 5. One copy of a Deed identifying the applicant's interest in the property. 6. Certificate of Coveyances issued by Transnation Title Insurance Comany regarding ownership prior to August 30, 1972 as it relates to the Amended USR-1199. 7. One copy of an Affidavit and Certified List of Names and Addresses of Surface Owners within 500 feet of USR-1 199. 8. One copy of an Affidavit and Certified List of Names and Addresses of the Mineral Owners and Lessee of Minerals regarding USR-1 199. 9. Information from the State of Colorado regarding the release of the area requested for Amendment from the Division of Minerals and Geology of the State of Colorado. Additional correspondence has been provided to explain the Division of Minerals and Geology release. Although 94.6 acres was released by the State of Colorado, the applicant is only requesting the release of 44.42 acres as shown in this application. The release acreage coincides with the applicant's pending application for approval of the Meadow Vale Farm PUD Third Filing. 10. My check in amount of$1,120.00 for the application fee and fee for legal notice for the Board of County Commissioners' Hearing in this matter. If additional information is necessary, please contact me. I believe the information submitted to be accurate based upon my conversation with the applicant and her husband prior to their leaving EXHIBIT the State of Colorado. Should any of this information be inaccurate I would like to reserve the opportunity to amend the application once my clients review it upon their return to Colorado on October 23, 2000. I appreciate the courtesy and cooperation which has been extended by your office in answering questions prior to my submission of the application. Sincerely yours, Glen Droegemueller GD:dh Enclosures RESPONSE TO USE BY SPECIAL REVIEW QUESTIONNAIRE In response to questions 1 through 10, the response is the same in each circumstance. The proposed amendment to USR-1199 is designed to amend out an approximate 44.42 acre parcel which will become a fourteen residential lot subdivision and open space. The same applicant has already submitted to Weld County a Planned Unit Development Final Plan for those fourteen lots with the name Meadow Vale Fann P.U.D. Third Filing. It is the applicant's belief Weld County has sufficient information in that Land Use Application to address each of the questions in the Use By Special Review Questionnaire. FROM : HART ENVIRONMENTAL PHONE NO. : 303 448 9289 Sep. 27 2000 04:08PM P2 STATE OF COLORADO DIVISION of MINERALSsoy AND GEOLOGY D of St.R Natural Resources rtes 1313 Sherman St.,Room 2 i 5 De,..er,Colorado 00203 • Phone:0031866-3567 FAX:(3031832.8106 DEPARTMENT OF NATURAL RESOURCES December 17, 1998 Roy Romer Governor James S.Lochhead Executive Director Michael 8.Long Division Director Mr. Dallas "Whitey"Glasser Western Mobile Boulder, Inc. 5959 Valmont Drive Boulder,CO 80301 RE: Hamm Pit,Acreage Reduction Approval,Permit No.M•87-176,Revision No.AR-1 Dear Mr. Glasser: On December 15, 1998, the Colorado Division of Minerals and Geology approved your request for release of a portion of the permit area from further reclamation responsibility. The permit area was reduced to 115.4 acres, through the release of 94.6 acres in this permit action. Because the permit is not totally released, you are still liable for filing annual reports and fees. Also, the amount of financial warranty required for remaining disturbances is being evaluated by the Division as part of the operator's current amendment request. If you have any questions,please contact me. Sincerely, Thomas A. Schreiner Environmental Protection Specialist cc: Michael J. Hart, Hart Environmental • M:bss\PM MVcmpUi V O6C 176.TAS FROM : HART ENVIRONMENTAL PHONE NO. : 303 449 9209 Sep. 27 2000 04:08PM P3 of C COLORADO DIVISION OF MINERALS AND GEOLOGY A$ MINERALS PROGRAM INSPECTION REPORT 'A PHONE_ (303) 866-3567 le7s The Division of Minerals and Geology has conducted an inspection of the compliance minf ing operation noted below. This report documents observations concerning operation with the permit and the regulations of the Mined Land Reclamation Board. The report notes 1) Areas of successful compliance; 2) Problems and suggested corrective actions and/or 3) Possible violations to be considered for possible enforcement action by the Mined Land Reclamation Board. OPERATORS SHOULD READ TWIS REPORT CAREFULLY BECAUSE IT MAY REOUIRE CORRECTIVE ACTION AND/OR RESPONSES TO THE DIVISION IN ORDER TO AVOID CONSIDERATION OF POSSIBLE ENFORC ENT ACTIO BY T E MINED LAND RECLAMATION BOARD. MINE NAME: Hamra Pit OPERATOR: Western_obile Northern. Inc. COUNTY: Weld MINERAL: and Gr vel TYPE OF OPERATION: Surface. 112 _ INSPECTOR(S) : Tom Schreiner MINE ID # OR PROSPECTING ID #:-M-87-176 INSPECTION DATE N_Ovember 20, 1998 DATE OF COMPLAINT N.A. INSPECTOR'S INITIALS TAS TIME OF DAY (MILITARY) 13 .30 INSPECTION TYPE CODE"' SI POST INSP. CONTACTS"' NO REASON FOR INSP. CODE ) PY JOINT INSP. AGENCY CODE�a' NO WEATHER CODE(4) CR OP. REP. PRESENT Dallas "Whiten" Ql-sser v'ke Hart 1- INSPECTION TYRE CODE - fCL-IN: IL=Illegal Operation, MI=Monitoring, MP=Mineral Prospect, SI=surety-related, / PR=Pre-operation) 2. MST INSpECfloN CONTACTS AND JOINT INSPECTION AGENCY CODS - (CL-AG: NO=None, BL=BLN, CH=Colo. Dept. wealth; cL=Land Board, CT=Citizen; CW=Wildlife, Fs=Forest Service. m4=Hwy. Dept., 1.0-Local Government. S£=State Ener.) 3. REASON FOR INSPECTION CODE - (CL-RS: AG=Other Agency Request, CT=Citizen Complaint, IE=Nonal I&E Program, HP=High Priority, PY=Priority]4. WEATHER CODE - (CL-WE: CL=Cloudy. CR=Clear, IN=Inclement - prevented inspection, RN=Rainin g, SN=Snowing. WD=Windy) This list identifies the environmental and permit parameters inspected and gives a categorical evaluation of each. IF PS OR Pv is INDICATE_. YOU SHOULD READ THE FOLLOWING PAGES CAREFULLY IN ORDER TO ASSURE ccautANCE WITH THE TERMS OF YOUR PERMIT AND APPLICABLE RULES AND REGII1.ATIONS. If PV is indicated, you will be notified under separate cover when the Mined Land reclamation Board will consider possible enforcement action. PENERAL INSPECTION TOPICS (AR)RECORDS X (FN)FINANCIAL WARRANTY . N (RD)ROADS N (HB)HYDROLOGIC BALANCE _ . . Y (BG)BACKFILL & GRADING . Y (EX)EXPLOSIVES. . N (PW)PROCESSING WASTE/TAILINGS N (SF)PROCESSING FACILITIES N (TS)TOPSOIL . . . Y (MP)GENL MINE PLAN COMPLIANCE N (FW)FISH & WILDLIFE - N (RV)REVEGETATION. N (SM)SIGNS AND MARKERS . . . . y (SP)STORM WATER MGT PLAN N (SB)COMPLETE INS? N (ES)OVERBURDEN/DEV. WASTE . . N (SC)EROSION/SEDIMENTATION Y (RS)RECL PLAN/COMP Y. (AT)ACID OR TOXIC MATERIALS . N (OD)OFF-SITE DAMAGE . . . Y (ST)STIPULATIONS. N Y=Inspected and Found in compliance PV= nspected and Possible violations Noted pseInspected and Problems Noted N = Not Inspected NA a Not Applicable WHITE - PUBLIC FILE YELLOW - OPERATOR PINK - CORRESPONDENCE FILE FROM : HART ENVIRONMENTAL PHONE NO. : 303 448 9209 Sep. 27 2000 04:09PM P4 (Page 2) MINE ID # OR PROSPECTING ID # M-87-176 INSPECTOR'S INITIALS TAS INSPECTION DATE November 20 1998 QBSERVATIONS 1. A warranty release inspection was made in response to the operator's request for a partial financial warranty release. Present during the inspection were Mr. Dallas "Whitey" Glasser of Western Mobile and Mr. Mike Hart of Hart Environmental. 2. Specifically, the operator has requested a release of reclamation responsibilities and financial warranty requirements for all permitted acreage west of .St. Vrain Creek and north of Colorado State Highway 119. The acreage involved is approximately 90 acres_ 3, The operator has completed all grading and topsoiling requirements of the approved reclamation plan for disturbed portions of the 90 acre area. The reclamation plan specifies creation of several lakes for recreational use with surrounding area topsoiled and seeded with a grass mix. The lake shoreline(s) will be irregular in shape and a maximum slope of 4:1. A variety of trees, including cottonwood, russian olive, and russian willow, with minimum diameter of 2 inches will be planted in the surrouding area. The operator has done an excellent job of grading the lake shorelines, reapplying available topsoil, and transplanting trees. There was no evidence of grass establishment in the areas surrounding the lakes; however, the operator has provided a waiver of any further reclamation responsibility from the landowner, Mrs- Katherine H. Oliver, who plans to develop a number of residential lots in the areas surrounding the lakes. Finally, the operator demonstrated that the landowner has an approved water augmentation plan for the reclaimed lakes. 4. Based on the observations noted, the Division will release the operator from all reclamation responsibility for permitted acreage west of St. Vrain Creek and north of colorado State Highway 119. The release will be approved upon receipt of a map highlighting this particular portion of the 210 acre permit area and verfication of the acreage involved. The Division requests that the operator submit this information on or before the decision date for the release request, December 21, 1998. 5. The Division also inspected the 98 acre Adam and Heaton areas which have recently been proposed for expansion by the operator under the terms of a permit amendment. No significant concerns were noted in the pre-operational inspection of these areas. The operator and Mr. Hart appear to be doing a good job of addressing potential permitting concerns. The Division will be sending the operator an adequacy review for the amendment application shortly. I & E Contact Address ❑ CE NAME Mr. Dallas Glasser [] BL OPERATOR Western Mobile Northern. Inc. ❑ FS STREET 1400 West 64th Avenue ❑ HW CITY/STATE/ZIP P.O. Box 215001 ❑ HMWMD (CH) Denver, CO 80221-0599 0 SE cc: Carl Mount, DMG ❑ WQC➢ (CH) Mike Hart, Hart Environmental Mrs. Katherine H. Oliver O OTHER Luther Stromquist, Longmont Soil Conservation District FROM : HART ENUIRONMENTAL PHONE NO. : 383 448 9209 Sep. 27 2000 04:10PM PS Aggregate 8 Concrete Divisions Paving Division W Western 7400 West 64th Avenue 1400 West 64Th Avenue Post Office Box 215007 Post Office Box 27649 AOMobile Denver Denver, 64t A enue 0.599 Danvers Colorado 80221.0649 / � Office.303 657.4000 Office:303.657.4000 Aggregate•Asphalt•Concrete Fax.:303.657.4473 Fax:303.657.4414 October 19, 1998 Mr. Gregg Squire Colorado Department of Natural Resources Division of Minerals and Geology 1313 Sherman Street,Room 215 Denver, CO 80203 Re: Partial Release of Permit#M-87-176(Hamm Pit) Dear Gregg: This letter is written to request partial release of Western Mobile's (WMI) reclamation obligation for that portion of MLRB Permit#M-87-176 (Hamm Pit)located west of St. Vrain Creek and North of Colorado State Highway 119.To date,WMI has completed all mining of this part of the Hamm Pit and the majority of the reclamation work including grading,shaping and reseeding. WMI's request for partial release is the result of the property owner's residential. development plans associated with this area of the Hamm Pit. The owner of the property, Mrs. Katharine H. Oliver,has asked WMI to obtain partial release from the Mined Land Reclamation Board in order that development plans for this area can proceed. Assisting us with this request is our consultant Mr.Mike Hart who recently spoke to Mr. Bruce Humphries regarding this matter.This written request for partial release was prepared pursuant to Mr. Humphries'guidance and includes the property owner's written request for partial release and sketch plan for development of the area to be released. After you have had an opportunity to review this request and the enclosed please advise me how you intend to proceed. Sincerely, Dallas (Whitey)Glasser End cc: John Hickman Katharine Oliver Mike Hart Redland A Redland Group company FROM : HART ENUIRONMENTRL PHONE NO. : 303 446 9209 Sep. 27 2000 04:10PM P6 October 12, 1998 From: Katharine H. Oliver 4250 W.. 16th Street,#46 Greeley, CO 80634 To: Mr. Bruce Humphries Colorado Department of Natural Resources Division of Minerals and Geology 1313 Sherman Street,Room 215 Denver,CO 80203 Re: MLRB Permit#M-87-176 (Hamm Pit) Dear Mr. Humphries: I am the owner of the property known as the Hamm Pit, which is currently being mined and reclaimed by Western Mobile,Inc. In addition to this property,Meadow Vale Farm,Inc.has developed adjacent land to the west as a residential subdivision. Our development plans also include the creation of a number of residential lots on a portion of the property covered under Western Mobile's existing mining and reclamation permit Specifically,we intend to develop portions of our property located west of the St. Vrain River,north of Colorado Highway 119.The area that we wish to develop has been mined and reclaimed by Western Mobile. The purpose of this letter is to support Western Mobile's request for a partial release of their reclamation liability for all land located west of the St V rain, and to acknowledge that as the property owner I will indemnify the State of Colorado against any further reclamation responsibility related to the parcel for which partial release is sought. Enclosed with this letter please find a copy of the sketch plan for development of the subject property. Please do not hesitate to contact me should you have any questions about this letter. Sincerely, Katharine H. Oliver,Owner Signed this day of September, 1998 State of Colorado 55. County of Weld The foregoing letter was acknowledged before me this day of September, 1998 by . My commission expires , 19 .Witness my hand and official seal. (Notary Public) End;cc:John Hickman,Mike Hart Hello