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Home My WebLink About820281.tiff RESOLUTION RE: APPROVAL OF USE BY SPECIAL REVIEW FOR AN ASPHALT BATCH PLANT - FLATIRON PAVING COMPANY 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 December, 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 Flatiron Paving Company, P.O. Box 229, Boulder, Colorado 80306, for a Use by Special Review for an asphalt batch plant, on the following described real estate, to-wit: Part of Sections 20 and 29 , Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado WHEREAS, the Board finds that it has jurisdiction to hear this application for the following reason: That this applica- tion differs from the previous application filed by the applicant and heard by the Board in 1979, for the location differs in a sufficient degree to result in a difference in effect and impact on surrounding property, and 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 24 . 7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24. 4. 2 of the Weld County Zoning Ordinance as follows: a) The proposal is consistent with the Comprehensive Plan policies in that the use does not infringe on continued agricultural use in the vicinity or County. The proposal does not appear to have any adverse impacts on the agricultural interests of the County or the environment. PL0798 820281 Page 2 RE: USR - FLATIRON PAVING COMPANY h) The proposal is consistent with the intent of the Agricultural Zone District; and is provided for as a Use by Special Review. c) It is the opinion of the Board of County Commis- sioners that the attached Development Standards will minimize impacts on surrounding uses and the area to the greatest extent possibel and provide adequate protection of the health, safety and welfare of the inhabitants of the area and the County. 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 asphalt batch plant on the herein- above described parcel of land be, and hereby is, granted subject to the following conditions : 1. The attached Standards for Use by Special Review be adopted. 2. The plat for the use permit be placed of record by the Department of Planning Services staff prior to any building permits being issued on the site. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of December, A.D. , 1982. ' ATTEST: �2'1) it f�y'n t WM2'' an/ BOARD OF COUNTY COMMISSIONERS U WELD COUNTY, COLORADO Weld County Clerk and Recorder (AYE) and Clerk to the Board y �� Jo T Martin ( Chairman B � 0 n -c_(AYE) K D 'puty County Clerk Luck CarlsoPro-Tem APPR D AS TO FORM: AYE) 1. Norman )Carlson wv Ginn O � 1, P . 7 . , (./ (AYE) County Attorney C W. Kirby Gi-itQiJ- e-no72,U- (NAY) June K. Steinmark DATE PRESENTED: January 5, 1983 DEVELOPMENT STANDARDS USR-495:82:10 FLATIRON PAVING CO. 1. The permitted uses on the hereon described Use By Special Review Permit Area shall be a asphalt batch plant, associated parking facility, office and maintenance facility as described in the application materials. Working hours shall be as outlined on Page C-1 of the application materials. 2. All phases of the batch plant operations shall comply with all County and State Health Standards and regulations pertaining to air quality, water quality, noise emission and sanitary disposal systems. 3. All structures on the property shall be in conformance with Weld County Flood Hazard Development Regulations. 4. The Use By Special Review Permit area shall be maintained in such a manner so as to prevent soil erosion, fugitive dust and growth of noxious weeds. The site shall be maintained in such a manner as to present a neat and well-kept appearance. 5. The liquid asphalt storage and heating tank shall be properly bermed to hold the capacity of said tank. 6. Portable fire extinguishers shall be installed in accordance with the National Fire Protection Association. The type of fire extinguishers shall be rated 20 ABC. 7. The owner/occupant shall provide the Longmont Rural Fire Protection District with a complete set of written plans of the proposed structure, including measurements, occupancy and contents. 8. The haul route shall be Weld County Road 3 to Highway 52. 9. The owner and/or operator shall adhere to maintenance of Weld County Road 3 as discussed and agreed to in a work session with the Board of County Commissioners on June 15, 1981. The agreement is referenced in a letter from the applicant dated November 19, 1981, and is on file as part of the application materials. 10. 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. 11. 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. A public hearing was conducted on December 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 December 1, 1982, duly published December 2, 1982 in the La Salle Leader, a public hearing was held on the request of Flatiron Paving Company for a Use by Special Review for an asphalt batch plant. The Planning Commission recommended that the request be approved with standards. Mike Hart was present representing Flatiron Paving Company. He agreed with the conditions and standards as specified by the Planning Commission. He used an aerial photograph to illustrate the new site and contented on their plans for this new site. Michael S. Shaw, an adjacent landowner, contented on the development standards and questioned when certain standards would be completed. Ca mussioner Kirby stated that after Flatiron Paving Company constructs the road it will be Weld County's road to maintain. Mr. Hart stated that this request is for a portable plant. Commissioner Kirby made a notion that this application differs from the previous application filed by the applicant and heard by the Board in 1979, the location differs in a sufficient degree to result in a difference in effect and impact on surrounding property. Commissioner C. Carlson seconded the notion and it carried by the following vote. All the Carmissioners voted yea except Commissioner Steinmark who voted nay. Dale Johnson, an adjacent landowner, submitted his original letter of opposition, dated November 3, 1982. He addressed several items which supported his opposition. Margaret Kobolhl, an adjacent landowner, stated that this proposed site is closer to her property and she is concerned about the devaluation of her property. Mrs. Kobobel stressed her opposition to this request. Ms. Wilson, a realtor, stated that she was asked by neighbors to present their opinion for them. She commented on the devaluation of the properties in this area if this request is granted. Bill Kobobel, an adjacent landowner, contended that this site is not the right property for an asphalt batch plant. Howard Rasmussen, an adjacent landowner, stated that the asphalt batch plant would not be in harmony with the area. Mike Shaw stated that this request is not in agreement with the County cornphrensive plan. Charles Erickson, from Greeley, Colorado, stated that he does support the request and believes that there are enough County, State, and Federal regulations in effect to protect the residents of the area. Dennis Kohan, fran Greeley, Colorado, supported the request. Mr. Dale Johnson gave a slide presentation to support his opposition. After discussion, Commissioner C. Carlson made a notion to approve this request because it is compatible with the area. Cocmmissioner Kirby seconded the notion and added that this request is different fran the request in 1979 because the batch plant has been withdrawn. Commissioner Steinmark stated that she will vote nay on the motion because she feels that the request is the same as the one denied in 1979. The notion carried by the following vote: All Commissioners voted yea except Commissioner Steinmark who voted nay. The motion included the development standards as stressed by the Planning Conn_ission. ,,•--/ -ry r /1 ?c> CHAIRMAN `'^'' BOARD OF COUNTY COMMISSIONERS it - ATTEST: >ti i -...,,,...1,',"2,61...1/2-../ 0 WELD COUNTY CLERK AND RECORDER AND CLERK TO THE BOAf2H. c% BY! ( t...3/4.,,,,,L,6,(<' ;\ Si -Deputy County`C1erk DOCKET# 82-80 TAPE# 82-98 Sr 99 LHR 948 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. 82-80 APPLICANT Flatiron Paving Co. P. O. Box 229 Boulder, Colorado 80306 DATE: December 15 , 1982 TIME: 2 : 00 P.M. REQUEST: Use By Special Review - an asphalt batch plant LEGAL DESCRIPTION Part of Sections 20 and 29 , Township 2 North, Range 68 West 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: December 1, 1982 PUBLISHED: December 2 , 1982 in the La Salle Leader DATE : Dy mber 1, 1982 4 t rO: The Board of County Commissioners Weld County, Colorado ROM: Clerk to the Board Office Commissioners: If you have no objections, we have tentatively set the following hearing for the 15th day of December, 1982 at 2 : 00 P.M. : Docket No. 82-80 - Flatiron Paving Co. , USR - an asphalt batch plant OFFICE OF THE CLERK TO THE BOARD )1 BY: 6Tl-j{<,« C ,/a I r*,cs>Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO I / _7/ 2.2r.,/t/±-c.: CASE SUMMARY SHEET Case Number: Amend USR-523:82:38 Size of Parcel: 33.25 acres, more or less Request : A Use by Special Review Permit for an Asphalt Batch Plant Staff Member to Contact: Rod Allison Possible Issues Summarized from Application Materials: The gravel pit operation associated with USR-523 was approved by the Weld County Planning Commission on September 7, 1982. Development Standards shall insure that State and County air quality, noise emission and water quality levels for the batch plant are brought to the applicant's attention. RA:rg HILL & ROBBINS ATTORNEYS AT LAW 100 BLAKE STREET BUILDING 1441 EIGHTEENTH STREET DENVER. COLORADO 80202 DAVID W.ROBBINS ROBERT P.HILL TELEPHONE 803 296-8100 DENNIS M.MONTGOMERY TELECOPIER KAREN A.TOMB 505-296-2388 BOBBEE J.MUSORAVE RONALD L.WILCOX January 23, 1984 Weld County Board of County Commissioners P. O. Box 758 Greeley, Colorado 80632 Re: Copies of Transcripts Dear Madam or Sir: Enclosed please find our check in the amount of $29. 25 as payment for a certified copy of a transcript of the County Commissioners ' meeting held on December 15, 1982, which copy has been received. Thank you for your prompt attention to this matter . Sincerely, ,j24 atP( _) . tAJf«1 Ronald L. Wilcox RLW:ncr Enclosure „1 .1 c,.9._ `�--.- ,, HILL 8c ROBBINS ! JAN 1 1 1984 ATTORNEYS AT LAW 100 BLAKE STREET BUILDING VI, 1441 EIGHTEENTH STREET 4-•-1-,L.f. CU' DENVER. COLORADO 80202 L(J. DAVID W.ROBBINS ROBERT P.HILL TELEPHONE 303 206-8100 DENNIS M.MONTGOMERY KAREN A.TOMB TELECOPIER BOBBEE J.MUSGRAVE 603-296-2388 RONALD L.WILCOX January 6, 1984 Weld County Board of County Commissioners P.O. Box 758 Greeley, Colorado 80632 Re: Copies of Transcripts Dear Madam or Sir: Enclosed please find a check in the amount of $41. 25 (80 pages at $ . 50 per page plus $1 . 25 for certification) as payment for certified copies of Transcripts of a hearing on USA 495 : 82 :10 held on December 15, 1982 . Thank you for your prompt attention to this matter. Sincerely, / p �lGl1''l.('LL ' L,�� t (ty Ronald L. Wilcox RLW: cap Enclosure 9 t! l -7(2;i:1717 17cz7 t • ICE Cii A ;L, (.!-C' .. , . )'L1RY AN:: ill i.i;: i . CLERF TO PIE i:!J.",..L • - jlr--:: rThi Phone (303)356-6)00 +,::! . ; I , "� ? f' Cc�; }.,.�!AL C:=:: i i-. . [��' CREELEY, COLORADO ;�d :Thrtn13,11% DO RE: APPLICATION OF FLATIRON PAVING CO. , FOR A USE BY SPECIAL REVIEW FOR AN • ASPHALT BATCH PLANT TRANSCRIPT STATE OF COLORADO) COUNTY OF WELD ) I , Nary Ann Feirerstein, County Clerk and Ex-officio Clerk of the Board of County Commissioners in and for the County of Weld, State of Colorado, do hereby certify that the above and foregoing order is truly copied from the records of the proceedings of the Board of County Commissioners of said Weld County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Greeley, Colorado, this 16 day of January , A. D. , 19 84 . CST",afani COUNTY CLERK Y: ('i Yet �� , epu-ty County Clerk l? it 4> ttsi .r • • • h° a Ef„k^ wf OFFICE OF WELD COUNTY CLERK AND RECORDER `= DEPARTMENT OF CLERK TO BOARD I1 � �.`�:1, PHONE 13031356-4D00 EX T. 223 •z � 1 O P.O. BOX 459 r GREELEY, COLORADO 80631 COLORADO STATE OF COLORADO) ss COUNTY OF WELD ) I, Mary Ann Feuerstein, County Clerk and Ex-officio Clerk of the Board of County Commissioners in and for the County of Weld, State of Colorado, do hereby certify that the attached documents are the records of the proceedings of the Board of County Commissioners of said Weld County, from my office, re : Use by Special Review, an asphalt batch plat, Flatiron Paving Company, Docket No. 82-80 . IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Greeley, Colorado, this 31st day of August , A.D. , 1984 . County C erk / (///.By: ,. xJJ Deputy County-'Clerk SEAL A. APPLICATION MATERIALS Includes application materials submitted by the applicant. B. REFERRALS Includes recommendations and information submitted by various county and state agencies . C . SURROUNDING PROPERTY OWNERS ' INFORMATION 1 . Includes letters and other information sub- mitted by surrounding property owners prior to or at the Planning Commission Hearing. 2. Includes letters and other information sub- mitted by surrounding property owners after the Planning Commission Hearing and prior to the Board of Commissioners ' Hearing. D. PLANNING COMMISSION Includes action taken by Planning Commission and recommendation to the Board of County Commissioners . E. LEGAL NOTICES Includes notices mailed to surrounding property owners and mailing list. F. COUNTY COMMISSIONERS Includes action taken by Board of County Commissioners . G. OPPONENTS ' EXHIBITS H. SPECIAL USE PERMIT MAP A. 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BOULDER, COLORADO 80306 • PHONE: (303) 443.9400 July 9 , 1982 Mr. Greg Oxenfeld, Planner Department of Planning Services Weld County 915 10th Street Greeley, CO 80631 Re: Case #USR-495- Application for asphalt and concrete plants in Weld County Dear Greg: Enclosed please find the information requested in your letter of April 1 , 1982 regarding Flatiron Paving Company ' s application for a Use by Special Review for property located in Sections 20 and 29 , T2N, R68W. As noted in the attached copy of the application form (submitted March 25 , 1982) , Flatiron will locate an asphalt plant, concrete plant and associated accessory uses on the property. If you have any questions or need additional information, please do not hesitate to call. I would appreciate being notified of hearing dates and times as soon as they are set. Thank you, Amy R. Levek Resources Planner enclosures USE BY SPECIAL REVIEW Case #USR-495 SUPPLEMENTAL INFORMATION July 9 , 1982 1. Application Fee - A check for $140 . 00 was submitted on March 25 , 1932 and an additional check for $15 .00 was sent to cover the balance of the application on April 1 , 1982 (see attachment #1) . 2. Property Owner 's Deed - See attachment #2 , Nelson deed. 3 . Notarized Cony of Affadavi_t of Interest Owners - re ,. .,ma, . ivelson (also see Section J , Legal Rignt co Enter Supporting Documentation) . 4 . More Detailed Description of Operation - - Proximity of use to residential structures (see attachment #4 , map of use relative to nearest residential structures) - Number , type and uses of structures Structures proposed for construction at the Nelson plant site are divided between those related to the asphalt plant and those related to the concrete plant. In support of the asphalt plant itself the following structures are proposed: ° Control house and office This small structure will house all controls for the operation of the asphalt plant. o Silo with surge bin Manufactured hot mix (asphalt) will be stored in the silo while awaiting transportation to the job site. o Scale house Previously constructed for sand and gravel operation. o Fuel storage tank for trucks and equipment. o A. C. (asphaltic cement) storage tank. : 2 plant the following structures . _- - . .- .. ,_ -went rffice house controls for the operation The office will contain a laboratory .c=erei:;es . -Lno_ _eoair work on ready mix trucks . _ 2112ant sketches of typical plants) nicu_ar traffic _ocl ude the following: - -on capacity - T . ton capacity !__:city :rh :aaacity - __i_,_ _ for removal or disposal of debris , elan -_.e only material which will have to - __-.._ - _O amounts of excess concrete. _ea__al ar used as backfill during the - _e ___c t_on :conchs will be required to prepare the -sect the structures listed above. :rctection methods site will be designed according to fire district which has jurisdiction cane . the :.rplication - with the application information. ATTACHMENT +1 RECEIPT Received of Flatiron Paving Company, P.O. Box 2.29 , Boulder, Colorado 80306 , the following items for Nelson Special Use Permit Application: -Two (2) completed application forms (one copy) c^ es u_ : o^ -Check for $140 . 00 for application fee -Twelve ( 12) copies of site plan Received by: i C21 c- _ Weld County Department of Planning Services Date : I I s 3 I l 1 z a I 1 RECEIPT # WELD COUNTY, COLORADO PLANNING COMMISSION GREELEY. COLORADO 80631 I DATE 't^ylcat Z5 19& RECEIPT N9 12222 3 ` < RECEIVED FROM S\p\Ch-cs," (_c, ACCTno TYPE FEE I 01804508 COZ&SUB 1 01804508 REC. EXEMP. 01804508 SUP& CUP \aCS 3 iota oC 01804508 ZPMH 01804508 VARIANCE 1 01804508 SIGN PERMIT 01804512 PROJECT FUNDS 01804552 MISC.BOOKS 01804552 MAPS&PRINTING 01804552 POST. & HAND. 3S3S CASH A CHECK M.O. oc 1�10— BY \�OC1n TOTAL CUSTOMER COPY I S a 411, PAVING COMPANY 0: 229. BOULDER, COLORADO 80306 • PHONE: (303) 443.9400 April 1 , 1982 ▪ rcid y Planning Department • _ __eet 30631 _ ____ad please find a check for $15 . 00 to cover the :ne application fee for our Nelson special use The additional information will be sent as soon as LE available. Sincerely, Ai[[y R. Levek :4all 4 P22 1047957 1.17:;:-_-,'_"2,''',7,,,4:7L.,."."1.47:.„ r .\ JNM1•`h N"� P h Y Nr r - 44- 4t ° r NyN l`"'Xk '" '.ZLNLc`'` r I JLDER -`:-. 82-496 96• NO . r 0383 •� I �- Z. nr k , Its f Ll 2 Zr L' I Z': 1 LE: .."-i:•:.“-- . t i v V 1 �.. w J1 r. N ti NI`,A -t .i -I !tt°J ! r n N 'C : Z NF N` t{rt fvti r JprlrN Chh P ` N7 hp {tir �" ...-JF.F R.�r '° ` L Z .t, 4 < 2 z.: Z‘V.I..- r,- v N- N._....-1—j_.“:7:-..,.:1,17-:...::2..::-, t rl ri • � - ;`h :r �a,r pt livN P .N—N.iV l• N c7 - ,N ' 7 ` �s� • FLAT oN �'� n ° -, .pL I h F �fti V 1 ;V-_ POST OFFICE BOX 7197 r2 - . 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C i N _v r'G c'r O a -I T -i z ! tEE soli a pf. p y a . _ [ E 0 :- n en d- s my m � as 5� SI g a o � e e ▪ Qg = � ' o � Id d � ` ,�, a rY �,: � U i! 4 rorrt � OK IP K 5.� aa tF-J M N o _ _ \ ,, ' et , 1I1 i I -- - . ATTACHMENT *3 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that I , Milton H. Nelson (name) , the undersigned, of 2040 West Longs Peak Ave. , Longmont, Colorado (address) , County of Boulder , State of Colorado , hereby constitute, make and appoint Edwin C;-MCD0cvell Jr. (name) , of Flatiron Paving Company 1 I P.O. Box 229 , Boulder, CO (address) , County of Boulder oiorado , my true ana iawiui actor::ey for the following purpose: To represent me in the matter of the foregoing attached application for a Special Use Permit (variance, recorded exemption, etc. ) , in regard to and only in regard to the particular property described in said application, before the Planning Commission and Board of County Commissioners (Board of County Commissioners , Board of Adjustment, etc. ) and to present evidence on my behalf before said Board (s) . ;.k'tic{' Subscribed and sworn to before me this 8th day of January , 19 82 . drt-E� f Notary Public Address : 401 Main Street, Longmont, CO. 80501 . "ly commission expires: July 27th, 1983. i i cc 6 ATTACHMENT #4 ERIE QUADRANGLE COLORADO Z5 MINUTE SERIES (TOPOGRAPI— '95 4 Na To COLD „, 499 230' X2130000 FEET 49 I i I 499 19 li 2 — / /-'1 q 2i--- m — 9� Idaho Creak _ .gB95 1 oft- 1 1 I_ II // c/Prop glation m 5W 111a_flint}i w Ridge - Ili W is — / ah° ' clan o ld .�? : _ o cK 49/5 i . ANO 29 28 _ �I _ / i . , : a E� I -— .—________to � aadla Towers"� 11 v / — ( Z / l J2 �i -l_ �1 ' - _ / , - ! / e0J pEa • 1 __/ - +a.__._ _____ Plume \ sez 1 �- �/ / Nom. .. 1 _ 5 _ / I 1- e,, _� 1 , sYf ' ATTACHMENT #5 a a° 0 2 i I/ 11 1 -44 / 1 / /\ \ / // SEM 61 {{__.. / / \ \\ r / / \\ ` 2 \ \ M� I m o //�� 3 s ell o o. ol 11 0 1 1 — \ to, o 1 \\ ol o r. 11 \ 1 v \;\\ 1 1i. (( ' 1 1 mow ' \\\ 3 _.� i i i O. I f lial iii - = 1 ' 1 d c -c 1 1 — c -f" I I v c ` 1 _�— ED Uv 1 11 ! ! E \ \ — \ / / N. Jai 4 d , 0 y b ° Q V 0 m '.i d Y V ti I i SECONDARY EXHAUST TO COLLECTION ATMOSPHERE -1% " (P) PRIMARY OUST 1O'�"�� COLLECTOR DRAFT FAN (LOCATION ai COARSE FINE DEPENDENT UPON r` AGGREGATE AGGREGATE TYPE OF SECONDARY) s n (P) /r—^ ADJUSTABLE � l DAL Q) lUl HOT _ --, \ STOARAIGE LOADER SCREENS . (OPTIONAL) J \ v o (P) Z HOTBINS ?--• MIXER W 3 I 4. ROTARY _ ��i A DRYER J AN,/ } FEEDEIRS`= _ _ ASPHALT 'STORAGE • 4 CONVEYOR 111 ELEVATORS TRUCK Continous hot-mix asphalt plant. "P" denotes particulate emission points.1 3 1 3 3 1 3 d 3 BELT ELEVATOR f PARALLEL Flaw DRIER/MIXER 14:: I STORAGE SILO " I _' i CONVENTIONAL COLD FEED ECU IF '` CONTROL Etff I *- I D.SCn ARGE J ASPHALT FEED V I InapCv prvml V"' h j c T •—EXHAUST STACK AGGREGATE FEED INLET 5E w'r,�A RT A!R R0�IUTICN ' CCu TRCL SSTEv DRIER BURNER-BLOWER J \' PRIMARY. DCST rA -Y—,..... CO_ EC CR -^ — .i_�'� �7�� `��I at''p</ �E xneuST FAN v C NC I DELIVERY BELT / 9ii‘...::1-": CONTINUOUS °ELT WEIGHING DEVICE General pro:ess now Cia;ram lot en,e,bom not at;all clan's. i I S L II 3 TABLE OF CONTENTS F Introduction I Application Form Section A 3 Compatibility With Comprehensive Plan and Zoning Section B 7 Description of Proposed Operation Section C Soils Information Section D i Environmental Concerns Section F Economic Impacts Section G Reclamation Section H Adjacent Surface Owners Section I Legal Right to Enter Section J s 3 s 4 4 a i I 4 s S s 3 i s 6 *t 3 t s (p� 4 4 Introduction In the Front Range area of Colorado, demand for construction aggregates dictates the need for extraction procedures . Historically, such ex- traction has been regarded as a necessary evil with regard to the destruction of productive land in order to obtain the valuable aggre- - gates beneath its surface. Graveling companies are proving that this need not be the case. Mined land is being restored to productive uses within a very short time as reclamation proceeds concurrently with Sand and gravel rank first in value and amount among the non-metallic, non-fuel mineral commodities produced in this country. These raw materials are basic to the construction of our homes , schools , hospitals , churches , shopping centers , streets and highways , airfields and bridges. In addition, they play important roles in the areas of sewage treatment, water filtration, agriculture, landscaping, transportation, manufactur- ing, recreation and petroleum production. It must be realized that A these resources are the result of geological processes , that their distribution is limited, that they can be mined only where they occur naturally, that they are essential to all kinds of construction, and 1 that proper steps must be taken to ensure that adequate supplies are kept available to meet present and future demands . The assurance that future generations will have optimum aggregate resources is a goal we must all strive to achieve. E }� -1- �tF r as of extensive aggregate extraction which were once beyond areas are now surrounded by new developments , forcing gravel :o operate through residential zones and already congested c-a1 districts . Because of such growth, extractors have =red strong resistance from a variety of groups concerned with :fects of mining, truck traffic, proximity to residential areas , .1 ..)ilitation of mined areas , and potential damage to ecosystems . :a_.pation, as it covers valuable aggregate deposits , forces :__:czors to mine further away from principal markets . This increases - aid by the customer because of the increased costs of trans- = T-.C1on of the raw products . chnology may eventually decrease the need for gravel products . -ate , recycling of waste products appears to be the only economically ?arable substitute for gravel extraction to obtain construction materials . However, none of the products are available in large quantities . In this area the highest quality sand and gravel deposits are found along the historic flood plains of Boulder Creek and St. Vrain Creek. The Nelson property contains substantial deposits of high quality sand and gravel. The area of the Nelson property Presently under Permit will yield approximately 2 ,000 , 000 tons of sand and gravel to be used over a period of 10 to 15 years . Two factors have played a dominate role in the decision to locate an asphalt plant and pre-mix plant at this site. First, as mentioned -2- above the quantity and quality of the sand and gravel at this site is substantial. Second, the handling and transportation of sand and ravel products is the most costly area of the operation. The cost of transporting gravel 10 miles is approximately equal to all costs I of Processing, which nearly doubles the cost of gravel to the customer. Typically sand and gravel producers will operate either an asphalt or Pre-mix plant or both at the mining site. This is done because it rich °ore economical for the producer and, therefore , the customer. :pus , one plant site offers a large gravel resource in an advantageous location. Once operational , finished products rather than raw oaterial will leave the plant site. a Today the majority of our work is paid for with public dollars . The best way to provide the public with a cost efficient product is to manufacture the finished product at the site of the mining operation thereby reducing the cost of handling the raw material . 1 1 I i i a Y 1 -3- IA SPECIAL USE PERMIT APPLICATION Weld County Department of Planning Services 917 - 10th Street Greeley, Colorado 80631 PHONE: 356-4000 Ext. 400 a i FOR PLANNING DEPARTMENT USE ONLY: f ' +rnit Fee: Case Number: acording Fee: App. Checked by: ! __eipt No. : 4 t ;0 BE COMPLETED BY APPLICANT IN ACCORDANCE WITH PROCEDURAL GUIDE REQUIRE- _ 'LENTS: Print or type only, except for necessary signatures . (4e) the undersigned , hereby request a hearing before the Weld County ' Inninq Commission concerning a proposed Special Use Permit for the 'Mowing described unincorporated area of Weld County: _17,AL DESCRIPTION of contiguous property owneo upon which Special Use arlIt is nr000sed: -# (See attached, Exhibit A-1, Legal Description of Nelson Property) 3 _. __1AL DESCRIPTION OF SPECIAL USE PERMIT AREA: 3 (See attached, Exhibit A-2, Legal Description of Special Use Permit d :Area) NW corner of intersection of County STREET LOCATION: Roads 1611 and 3 ZONE: A PROPOSED USE: Asphalt plant, concrete plant and associated 3Cf PSgnnt I1SPG h FEE OWNERS OF AREA PROPOSED FOR SPECIAL USE: NAME: Milton H. Nelson ADDRESS: 2040 W. Longs Peak TEL: 776-1258 NAME: Helen C. Nelson ADDRESS: 2040 W. Longs Peak TEL: 776-1258 .iA`lE: ADDRESS: TEL: 1 hereby depose and state under the penalties of perjury that all state- ' :rents , proposals and/or plans submitted with or contained within this + 1 application are true and correct to the best fL7Iv k ,UCiledge. - 7 pvL. COUNT). OU YOOFWELD COLORADO) �/1/II,Q1v Signature: Owner or Authorized Agent ISubscribed ans sworn to before me this 8th day of January , 19 8y `yy SEAL Notary Publt Address: , 401 Main St. , LOnamont, CC t "v co,-�mizzion expires: July 27th, 1983. 11..... 1 i T JTO2NEY 0 2NEY -LS._fTS , that I , Milton H. -040 West Longs (address) , J _-._ _ado , hereby int . dwin C.^MCDowell Jr. _iron -'acing Company - - _ -. .runty of Boulder -Ind lawful attorney-in-tact, _ f the foregoing attached in regard to and only described in said application, _-_., ..a :card of County Commissioners rs , 3oard of Adjustment, etc. ) and nai2 before said Board(s) . "477 ieV.f _ooefcre me this 8th day of • Notary Public Address : 401 Main Street , Longmont, CO. 80501 . . hh , _993. Exhibit A-1 1=a i'' i Description Nelson Property ollowing parcels of land situated in Section Twenty (20) , -nine (29) and Thirty ( 30) , Township Two (2) North, Range - iaht (68) West of the Sixth Principal Meridian , all within L _ . pnty of Weld, State of Colorado , more particularly described . _lows : ti f Section 20 , T2N, T68W of the 6th P .M. , within Weld County, o , described as follows : . at the NE corner of the SE; of the NEi of said Section a South, along the East line of the SW; of the NEa of c_ion 20 , 600 feet , more or less , to a point in the of Boulder Creek; Then Southwesterly, following the :. .____ne of Boulder Creek, 2 , 900 feet, more or less , to a ••int on the South line of the Ni of the SWi of the SEA of said E Section 20 ; Then West, along the South line of the Nz of the SW; of the SE; and along the South line of the Nz of the Sz of the SW, of said Section 20 , 3 , 150 feet, more or less , to the SW S corner of the Nz of the Sz of the SW, of said Section 20 ; Then Nort , along the West line of the Nz of the S1/2 of the SW; of said Section 20 , 660 feet, more or less , to the NW corner of SW; of Wit, the S1/4 of said Section 20 ; Then East along the North line of the Aimmweal of the SWi of said Section 20 , 1 , 320 feet to the SW corner of the :;E' of the SW; of said Section 20 ; Then North , along the West line of the NE% of the SWa of said Section 20 , 400 feet, more or ll -e a.s-s , co a point on the centerline of the Godding, Dailey and Plumb Ditch; Then Northeasterly, following the centerline of the Godding, Dailey and Plumb Ditch, 2 , 800 feet, more or less , to a point on the I= :forth line of the Sz of the N1/2 of said Section 20 ; Then East, along :orth line of the SZ of the N1/2 of said Section 20 , 1 , 350 feet, .11 : ere or less , to the point of beginning. f r 1. 59 ac,-es . 'none or less . ,f WELD, STATE OF COLORADO. i I t Section 20 and Section 29 , all in T2N, T68W of the 6th , :within Weld County, Colorado , described as follows : _._ng at the E; corner of said Section 29 ; Then West , along the East-West centerline of said Section 29 , 5 , 150 feet, more or less , to a point on the centerline of Boulder Creek; Then North- easterly, following the centerline of Boulder Creek, 7 , 500 feet, more or less , to a point on the East line of the SW; of the NE; of said Section 20 ; Then South along the East line of the SW; of the NE1 of said Section 20 and along the East line of 1 the Wz of the SEa of said Section 20 and along the East line $ i 3 of the Nw; of the NEa of said Section 29 , 4 , 680 feet, more or less , to the _;W corner of the SE; of the NEa of said Section s 29 ; Then East , along the North line cf the SE; of the NE; of .paid Section 29 , 1 ,320 feet, more or less , to the NE corner of the SE' of the :;Ea of said Section 29; Then South, along the RY x 3 he SE% of the NE1 of said Section 29 , 1 , 320 feet , to the point of beginning. 225 acres , more or less . LD, STATE OF COLORADO. . r 3. ction 20 , Section 29 , and Section 30 , all in T2N, R68W _ . -;. , within Weld County, Colorado, described as follows : . . _ the SE corner of said Section 20 ; Then North, along ins of the S1 of the S1/4 of the SWo of said Section , more or less to the NW corner of the S1 of the of said Section 20 ; Then East , along the North 3 of the Sz of the 5Wa and along the North line of the SW; of the SE; of said Section 20 , 3 ,150 feet, more or less , to a point on the centerline of Boulder Creek; Then Southwesterly , following the centerline of Boulder Creek, 4,600 feet , more or less , to a point on the South line of the NW of said Section 29 and along the South line of the SEa of the SE' of said Section 30 , 1 , 450 feet, more or less , to the SW corner of the SE' of the NEo of said Section 30 ; Then North, along the West line of the SE; of the NEi of said Section 30 , 1 , 320 more or less , to the NW corner of the SE; of the NE; ^f said Section 30 ; Then East , along the North line of the SE; 0: the NEi of said Section 30 , 1, 320 feet, more or less , to the ( !, ; q : . ; Then North, / «» w said Section 29 , - -- -aizin A ] j ) ) 14 ) * Ex. uit A-2 `pscriotion Special Use Permit Area Th2rIpcion of a parcel of land in the Northwest One-quarter _ion 29 , and in the South One-half of Section 20 , all in Two North of Range Sixty-eight West of the Sixth • _..ai Meridian, in Weld County, Colorado. 12ring the West line of the NW; of Section 29 , T2N, R68W, as bearing N 00 °26 ' 36" E; Beginning at a point from -..e NW Corner of said Section 29 bears N 72° 37 ' 25" W feet; Thence S 52°00 ' E 841. 51 feet; Thence N 38°00 ' E feet; Thence N 19°00 ' E 408 . 00 feet; Thence N 85°00 ' W feet; Thence S 38°00 ' W 2234 . 58 feet to the Point of - - ._.wing 47 . 727 Acres more or less . Subject to any easements, rights-of-way and/or restrictions of record or existing on the ground. Section B Tonoatibility With Comprehensive Plan and Zoning 3 y f AS -----,nen-4va Plan County Comprehensive Plan states (p. 62 and 63) that: _ .rstrial land use in the rural areas of the county should q Tilted to those industries which cannot suitably be located • a municipality. Rural industrial developments should ..couraged only when the industry is agriculturally oriented : mires a physical environment that cannot reasonably be ▪ shed in a municipality. Industries such as concrete plants , 1t plants , gravel and sand operations , . . . and other _ries requiring location adjacent to their raw materials , . . could be carefully controlled to insure the minimum damage . - anvironment and an acceptable highway or roadway impact. " stated in the plan relating to asphalt and concrete =ants is (p. 64) : • _- g for industrial use in areas outside the areas covered comprehensive plans of the existing municipalities shall .:couraged only for low employee concentration, agriculturally- .__- industries or other industries that can show they cannot :onaolv be accomodated within the areas covered by the munici- comprehensive plans . " _ture Land Use Map included in the plan recommends that existing land uses in the area continue. cecial Review application submitted by Flatiron Paving Company is aitent with the Plan ' s policies and future land use recommendations . rants are to be located adjacent to raw materials needed for and concrete production. And, as stated elsewhere in this cation, potential environmental effects will be mitigated by a = ..- :-nation of site design and pollution control equipment and practices . Lants are portable; therefore, they will result in a temporary se which will not change long-term land use patterns in the area. B-1- fi F F _..icing zoning on and surrounding the Special Review permit 1:71 Is predominently A (Agricultural) . The intent of the A . - . .:_cultural) District, as stated in the weld County Zoning Ordi- 4 "' a to protect agriculture andf g "provide areas for the conduct - Uses by Special Review which have been determined to be more ..: nse or to have a potentially greater impact than Uses Allowed !.1 =7ha'_ . ._ nlsnts r? :l, __-ed as both a =oecial Review and a use by right in the A (Agricultural) -., c_ __- , depending upon the use of the product. The plants proposed 17 . _atiron Paving Company would be classified as uses by Special -?viiw since they will not be providing products "exclusively for the ompleteion for a public road improvement project . " Nevertheless , cential impacts and mitigation measures for both types of -:peracions are identical. The only difference is , perhaps , duration of the operations . This proposal is, therefore , consistent with the a intent of the A (Agricultural) District in which it is located. Existing surrounding land uses are primarily grazing, crop cultivation and sand and gravel mining. There are also some areas of single family i residential uses although they are not adjacent to the permit area. s The concrete and asphalt batch plants will be compatible with the 5 , mining operations because all are of similar intensity. The plants t should also be compatible with surrounding agricultural uses ; that is , there should be little if any impact on or interference with crop 1 cultivation and grazing. The plants ' operation and development standards, I B-2- v z 3 I _ _on control measures will preclude most impacts the vicinity . The proposed uses will thus be — Hi - - ,:q surrounding land uses . surrounding area as allowed by the existing _.c _ce a wide variety of uses (e.g. , farming, gasohol feedlots , animal waste recycling or processing _c ssina, drive-in theaters , fairgrounds , airports , _and fills , kennels , etc. ) . Many of these permitted -c_,tsr intensity than the concrete and asphalt batch au ron. Additionally , the noise , odor and other :sociated with some of those facilities (such as 3 cannot be easily controlled. The asphalt and compatible with more intensive uses allowed -z; , will be compatible with less intensive uses _ Jljation methods which will be used (e.g. , emission and ,arms , equipment location, hours of operation, etc. ) . B-3- i | Ai Section Description of Proposed Operation \ \ \ / ( [ / 1 - ! \ \ ! \ } 4 Nelson Special Use Review Development and Operation Standards 1 . Permitted uses in the Special Use Permit area shall be a concrete batch plant, asphalt plant with associated stockpiles , storage, parking, office and maintenance facilities , and those uses approved under SUP-260 : 74 :23 . If fill is required, the location and extent of required fill for the plant site will be made to minimize impacts on the flood plain. A maximum of 11 acres may be filled. All phases of the asphalt and concrete batch plant facilities and operations shall conform with all applicable County , State and Federal Health Standards and Regulations and any other applicable rules and regulations of governmental bodies having jurisdiction on the premises . All phases of the operation shall conform to noise levels as set forth in 25-12-103 CRS , 1973. 1 . The Special Use Permit area shall be maintained in such a manner so as to prevent soil erosion, fugitive dust and growth of noxious weeds . The site shall be maintained in such a manner as to present a neat and well kept appearance. 3 . A berm will be constructed along the southeast portion of the plant site between Boulder Creek and the plant (s) . The berm will be not less than 20 feet in height and will run from the north end of the plant site to the south end of the plant site (approximately 700 to 800 feet in length) . The berm will provide both flood protection for the site and visual and noise screening offsite. 6 . Stockpiles will be positioned on the south and north sides of the plant site for additional screening. Trees and shrubs will be planted in areas on the south and east portion of the site. 7. Normal hours of operation shall be from 7 : 00 a.m. to 5 :00 p.m. , Monday through Friday, maintenance excepted. If needed , operations will be allowed on a maximum of 10 Saturdays and 2 Sundays per year between 7 : 00 a.m. and 5 :00 p.m. Whenever possible adjacent landowners will be notified at least 24 hours in advance of any Saturday operations . C-1- _ss .o the site will be as shown on the site map. One point will be provided to the plant area from the .._sync on-site haul road. Truck traffic will use County aci 2 to State Highway 52 . Flatiron will pave Weld County :-gad 3 to County standards . _ c_vidual berms will be constructed around fuel storage .__ '_ '_ties to Colorado State Health Department requirements . Special Use Permit shall be limited to the plans shown .:ereon and governed by the Development Standards stated above and all applicable Weld County Regulations . Any material ' Thv_ations from the plans and/or Development Standards as amond- 1J fne Special Use Permit by the Planning Commission _...a _oard of County Commissioners before such changes from the and/or Development Standards shall be permitted. Any hr changes from the plans and/or Development Standards shall _ d in the office of the Department of Planning Services . C-2- Land Use The special use permit area is located in the southwest corner of Weld County approximately one mile east of County Line Road and one and one half miles north of Colorado State Highway 52 . The proposed plant site will be on the northwest side of Boulder Creek adjacent to the site of a previous mining operation. The majority of this part of Weld County is zoned A (Agricultural) . The Proposed plant site is zoned "A" . Immediately south of the proposed plant site, south of County Road 16zD, lies a 12 acre parcel that is zoned I (Industrial) . Presently the proposed plant site is used for the grazing of cattle . Most of the sur- rounding land use is agricultural in nature. Cattle grazing and crop rotation are the primary land uses . Upstream and down- stream from the site sand and gravel mining is currently underway. Several producing gas and oil wells have recently been located north of the proposed site. Proposed Plant Site The plant site will be located approximately 2400 feet north of County Road 16;D and 400 feet west of Boulder Creek. Site preparation may include the placement of 1 . 5 feet of compacted sand and gravel for a base in portions of the site. Following the placement of the base material a twenty foot berm will be placed along the eastern portion of the site. Smaller berms will also be constructed around fuel storage facilities . This will serve to protect the site from flood waters and prevent any fuel spills from leaking from the plant site. C-3- -3 _ ;operations ;rants are equipped with air pollution control equipment designed naet air pollution control standards . A Fugitive Dust Permit and _r Contaminant Emissions Notice have been filed with the Colorado ,flrtment of Health. will be no water discharged from the plant into Boulder Creek. • E' used in the plant will be deposited in settling ponds . All lare will not be significant problems at the plant site. :ado state law limits allowable daytime noise for industrial sites .I (A) with peaks of 85 dB (A) for 15 minutes of each hour. The _s to be measured 25 feet outside the property line . By locating ants at least 75 feet inside the property boundary, noise can be .o a maximum of 78. 5 dB (A) due to distance, ground and air losses . The berm on the east side of the plant and stockpiles on the north and south will minimize noise even further. The plants are constructed to meet OSHA safety requirements . Electrical Wiring conforms to the National Electrical Code. Flatiron maintains its own safety staff which inspects operations frequently. In-house standards are strict and well-enforced. A radio and telephone will be provided by the company for everyday and emergency communication. Amp- Between 5 and 7 employees will work at the asphalt plant . Typical work schedule will be one shift per day from 7 : 00 a.m. to 5 : 00 p.m. Monday through Friday. The asphalt plant will close down during the winter months . The plant will operate during late spring, summer and fall . C-4- 0 0 oc o 11/ . // I / I / \ / A \\ 1 ,/ // \\ \ / / .' r-s / / \ \ ss / / \\ \ ? i i \ \\ / S. \\ i i< `\ \ i i I \\ \\ �� \ \ """,� / 11 3' \ \ in t t \ t `m I \ 1 : �7 I I A AV I I I L_J i t \ \ I I \ \ I I I \ \ t I I I \ \I O c• u fir I 1.0 0 I i .f.: m a l i — a o o ` II 1 v Q l I -Y U �' 1 / m _ / II \\ \\ — 8 �\ \ / i • --. i ,... ...../ / V ` J Co- m 0 7t a) d 1 SECONDARY TO COLLECTIONAT OSPHERE Pl I ^^ FR16:ARY OUST .`: ^+ ""` // COLLECTOR � DRAFT FAN (LOCATION -, a FOIE ' DEPENDENT UPON A' .,,EL AT E AGGREGATE TYPE OF SECONDARY) (P) /-- ADJUSTABLE \--.)--., DAIN STORAGE %1 / HDT T - 1 OER SCREENS (OPTIONAL) t. . � \ r D i I I W (o) ti3 HOT BINS YIXER w 1 is �/ I. ^\�f�� IV ROT RYFr, I --rte . _ _— ! /;' --- --- __ .--7---0. ASPHALT) [_ . lI E.-E`,'ATCRS--- TRUCK I Continous hot-mix asphalt plant. "P" denotes particulate emission points.1 7� / . '':;->N- ocLT `!E'J0.TOR P _LF'_ ny.,y DR.ER/MIxER L`_. n 1 y SGR]GE SILO- P i B!rvENn OYc_ COLC FEED E_..IR 1(p r / x :S?eaL' rFS.0 r 0 I!isiCe Dru. 1 G RES _ •N ET / >C_,.TION J.E. uR.' - 2L3FER ,\ y C� 5T F n� 7n yiY n__.�TE �� S N / r ___I._RV EEL` (6"::*-'- ‘,_,.....-..: -_NTINLcL` _ w_'C ..G =`/ICE _ c_ twelve employees will work at the concrete batch plant. _ ;meal work schedule will be one shift per day from 7 : 00 a.m. to : 00 r m. , Monday through Friday . Work in the winter months will be dictated by weather conditions . Thera may be several Saturdays during the summer when the plants will cmorate. Flatiron Paving Company will notify neighbors in the vicinity _ _ the site at least 24 hours in advance of any Saturday operations _.._..ever possible. sass ?'ant access will take advantage of an existing haul road and gate _sated north of Weld County Roads 161/2 and 3 and east of Boulder Creek. The access road lines up with County Road 3 . The intersection of the haul Toad with County Roads 161/2 and 3 has been upgraded and a company stop sign has been placed prior to Road 161/2 on the Nelson property. The existing access provides adequate sight distances both east and west to afford safe entry onto County Road 3 . Once on County Road 3 , truck traffic will travel south to State Highway 52. From this point, .4 approximately half the trucks will travel east and half will travel west to County Line Road. Flatiron has improved several culverts on County Road 3 as recommended by the Weld County Department of Engineering (memo of July 14 , 1978) . County Road 3 will also be paved with asphalt from County Road 16% to State Highway 52 (Department of Engineering memo of July 14 , 1978) . It is estimated that maximum plant operations will generate approximately 200 haul trips per day. This figure includes both concrete and asphalt C-5- 1 a ;as and will only be reached on several days of the year. It willt ll be a daily occurance. It should also be noted that haul vehicle 1I traffic will exist regardless of any plant activity. Flatiron has en Granted both county and state mining permits for this location. : __ fore, processed sand and gravel products will be hauled via the jr. a outlined above with the same volume of traffic. Sand and gravel u_ traffic will , however, decrease with the addition of asphalt and clants . nt traffic volumes on State Highway 52 and County Line Road will _title affected by haul vehicles . 1980 traffic counts from the .rado Highway Department and Boulder County Public Works Department .__ace that average daily traffic is approximately 4 ,900 vehicles (vpd) on State Highway 52 and 1 , 000 to 1 , 400 vpd on County Line in the vicinity of the plant site. Both roads are designed to 4,4: carry approximately 9 ,000 to 10 ,000 vpd. Traffic generated from the Nelson site will not cause either road to approach capacity. Highway impact caused by truck traffic from the Nelson site will not occur on a year-round basis . Truck traffic from this operation will reflect the seasonal nature of the construction business . C-6- ri 1 Section D Soils Information / t iw I 1I 1 !1 ! ii I I Sail UNITED STATES DEPART SOIL CONSERVATION SERVICE 2017 9th Street , Greeley, CO Soil Evaluation DALE April 29, 1974 CommercialTO • "_race E. Manna 2.0. Los 229 2cdider , Colorado 80302 Thi.; _, in rnly *n :our _st r9T .Otl r,W*Inti^71 - - __cdi n„ Dailey and Plumb Ditch and Coulder Creek.for sand andArea i3 CO be used gravel mining operation. The soils in this area are shallow to moderately deep (10-40 inches) to sand and gravel, and being on the flood plain of ?Mulder Creek hove a shallow water table end^t are subject to flooding, This area is probably er suitedfor cc_—^rcinl and and gravel there is alwaysthehazard sand than for ca irc ' rt e �asver , s of pollution to Eouider Crock the e-c;sca_icn process, - James A. Crabb Soil Scientist cc: [?eld County Planning Department D nar_._ent W. :Inn:: Ververs , DC , Gr-e1cY, CO 0-1- 1 7 i Water Water Employees on the site will be provided with safe drinking water and sanitary facilities . A supply of drinking water adequate for the number of people working on the site will be provided through a commercial bottled water supplier. A commercial supplier of chemical toilets will install a unit such as a "Sanolet" or "Portolet" near the asphalt plant site. Any water used for plant operations will be supplied from an existing pit lake. Water will be used based on agreement with Milton Nelson , property owner. Settling Pond Settling ponds operate under the process whereby settleable solids in the discharge from the washing process are allowed to sink to the bottom of settling ponds . Discharge water flows slowly through a P series of ponds and weirs to allow smaller particles to settle before the water is recycled back to the plant. This is a closed system, no discharge is anticipated. The material deposited in the settling ponds consists of -200 fines . After a settling pond has filled, the fines are excavated and used for fill material in the reclamation work. Flood Plain Since the September report submitted by Leonard Rice Consulting Water Engineers , Inc. the plant site has been moved a short distance resulting E-1- cifferent required elevations for the fill at the plant. The .,._rent plant site will be located as shown on the plot plan of the :ielson Asphalt and Concrete Plant Special Use application , dated October 7 , 1981. The area of fill and stockpiles will be approxi- 7ateiy 9 acres . 1 s The impact from this configuration will be similar, but slightly less icnificant, than for the case stated in the September , 1981 report. Tho current location is nearly 200 feet further away from the main :: nne1 than the original location, resulting in a more favorable _1._otion with respect to impacts on flood conveyance. E I 8 _10-year peak discharge in Boulder Creek is 13, 000 cfs . at the plant 3efore filling, the 100-year water surface elevation at the site -_noes from 4906. 8 to 4909 . 3 feet. After filling the water surface ievation will range from 4907. 1 to 4909 . 5 feet. Channel velocity in this reach would be increased from 7 feet per second before filling to 8 feet per second after filling. The discharge on the left overbank would decrease from approximately 4000 cfs . to 2000 cfs . The effects of the plant on floodplain characteristics are summarized in Table 1. Figure 1 shows a typical cross section at the plant site. The increase in water surface for the 100-year flood will be approxi- mately 0 . 3 feet as a result of the plant siting. This impact will not extend far upstream. A distance of 0 . 2 miles upstream of the site , well within the confines of the Nelson ownership, the water surface elevation will not increase. E-2- j As stated in the previous report , the site should be filled to an levation of 1 foot above the 100-year water surface elevation. The fill should be placed to an elevation of 4910 . 5 feet at the upstream end and no less than 4908 . 1 feet at the downstream end. The fill will be adequately compacted to help control erosion. To minimize the impact on the flood plain, the fill will be placed parallel to the direction of flow as much as possible and occupy only 1_ acres (of 40) or less . E-3- g .-1 J C.) •ti G U v1 'D L+1 O C G , Ct r-1 W LO ,.D N- W _C C) U > L R tt g rti 4 J., — s 4. r -0 0 - c f - ¢ C_, o c-, In 00 _. .. 1.A L C, t.D r\ Z 0 > o C" 0 C >' C) - -d tt s I -I CC:] C i i I 00 ."Y.. ~ 0.0 i tocz Q a .r. to r-I ..ti ,L - --I ..-4 .r-I ry r-♦ r~ W • • J] a •..I . I W,I 1 •.-1 C) U O O (1) }. t:.-I iJ O C) C) W L u A Ca C) V-: .C 0 C) C) :J yJ C) a L L )/: 00 .0 n r Lt-i W Li.-4 r1.4 O 0 O 0 -O -c G C 7 C) C1 C C C) C) E E co N E. a) 0 C) C CO 0 1+ L N C) L L n G. u +-, C G n s co 3 3 C G C. 0 0 N = = 0 O SLeonard Rice Consulting Water Engineers,Inc. ,L: I -=,_=== : •= - • : : � :_ •:::_j__,. : f:.: ; •:• . ...,: • : -- I �aa Ti • CJ •, 1 • • _._________4- ' -_ ' I • . --. • •• i I I -'. • I• .•7' * I ' : 1 �. : : - : --... �. �' != I • ,.I \;f : r •: • • (-- �. :.1.0 . - -- -• r • • ••_� I • . , • R . ; • , __-___.<r: - ': 1.. 1.• [-- • ______. - fil-- • •• vl I • --- r `� • E -f_ c t . I r�•. • 5 _ I •.! I C' 2a d • f :.. i:... :�:: , o— ¢ 1 I : .�:.. Z ... •:.I• ::. ! d��t� f•J r\7(2/j v/ 7 -{ -° sa ? NJ ::antal Concerns - _slits d in the washing process during the mining operation and for - ?rations will be settled in ponds on the site and recirculated, . tnc no impact on Boulder Creek. The decrease in the acreage rigated pastures during the mining phase will have a beneficial on the water quality of the creek by reducing the discharge of _.. : s h ' Th in - -_ . -21-1c=hates , suspended solids , charactericfi^s of fertilizer and animal waste. The only 2e discharged into Boulder Creek will be ground water. The of ground water at this site will be monitored under the _ _ $: nts of the N.P.D.E.S . Permit (4C0-003571) issued by the Department of Health, Water Quality Control Division. The impact the proposed project may have on the air quality in the area has been evaluated by mathematical modeling of pollutant emission and distribution and by analyzing data acquired during similar opera- tions at other sites . The conclusion was that the impact will be a temporary increase in dustfall and suspended particulate within the area of gravel mining operations . Air quality in adjacent area will be within state air quality standard requirements , except on rare occasions when atmospheric conditions do not allow normal disbursement f _:ollutants. mwe "onitoring data from Flatiron mining operations in Boulder County =ndicate that when mining activities are carried out with normal F-1- ._ion controls they do not produce any serious adverse effects . Oasis of mathematical projections and monitoring data, it is _mated that particulate concentrations in the air would, during r maximum effect, be increased by 50 to 150 micrograms per cubic :_ the site boundaries . The Colorado Ambient Air Standard for =date matter, effective in the Metro Air Quality Control Region micrograms per cubic meter. • ;arations will meet both State and Federal environmental _ _manes . The asphalt plant will be equipped with air cleaning such as scrubbers and bag houses to insure that air quality are met. The only visible emission from the asphalt plant plume of steam from the scrubber. In order to prevent any of air quality standards , the concrete plant will be operated •oniar equipment. Noise Colorado State Law (Senate Bill No. 197 C.R.S. 1971) limits the allowable daytime noise level for industrial sites (including construction sites and railroad rights-of-way) to 85 dBA allowed for 15 minutes of any 60 minute time period. These levels are to be measured 25 feet from the property line. To date extensive tests conducted at other sites indicate that the dBA levels at the Nelson Sit e will be within state limits . Berms and stockpiles will be placed to provide greater noise attenuation. F -2- This information was prepared for a Flatiron operation along _ .,_ er Creek in Boulder County . ) time much of the area along Boulder Creek in Boulder County _;nth St. west to a line 1/2 mile east of 75th St. is proposed as i cai wildlife area" in the Boulder County Comprehensive Plan. - .7 rehensive Plan states , "Wildlife habitats , as stated previously , r:ny of preservation if they show species diversity, species :.:hies , Table 6 "Rare Sighting" , Table 8 "Significant Wetlands __:life Habitats" and Table 9 , Boulder County Wildlife Habitats , " ind in the Environmental Element of the Boulder County Compre- - _ Te ?tan and contain rather long and impressive lists of areas :rapider County that are considered to be significant . Two of .Jost significant areas labeled "critical wildlife habitats" , Sawhill Ponds and Walden Ponds , are former gravel pits . A third "critical wildlife habitat" known as the White Rocks area has been the site of an on-going gravel mining operation since 1973 . Concurrent with this mining operation, a rather extensive monitoring program has been carried out. To date we have learned that the mining and reclam- ation program carried out by Flatiron has added to the environmental quality of the area through the increased habitat diversity brought about by the successful reclamation of mined areas . :n addition to the fact that the Sawhill Ponds area was previously mined the area is also significant in that Flatiron has operated an asphalt plant at that site since the early sixites . To date there F -3- -7idence available to suggest that sand and gravel mining nor Lt 21ant operations have had a negative impact on wildlife. In dins Flatiron has operated an asphalt plant within a 3 mile Colorado State University Nature Center for a number of years. F El!-: F-4- I TABLE 7 KEY WILDLIFE HABITATS OF BOULDER COUNTY Compiled by Gary Emerson, 1976 LOCATIONAL AID :._ _-_2 Thompson River Sec. 2 , 3N70 _ servoir Sec. 2 , 3N69 Jake Sec. 16 , 3N69 Mtn. Sec. 11 , 3N70 ' ,oil vicinity) rain Creek A - Sec. 27 , B - Sec. 36 , 3N70 Mtn. Sec. 27 , 2N70 . . .ama Reservoir Sec. 2 , 2N69 Rocks Sec. 18 , 1N69 :ie:on Rookery Sec. 16 , 1N69 Lake Sec. _ 20 , 1N69 1177211er LI Burke Lakes Sec. 30 , 1N69 Boulder Creek (Ball Bros . ) Sec. 28 , 1N70 Coal Creek (SE of Louisville) Sec. 16 , 1569 44 47. TABLE 8 SIGNIFICANT WETLANDS & WILDLIFE HABITATS Obtained from Boulder County Wetlands Iventory, 1977 WETLANDS WILDLIFE HABITATS ::W4 , SW4 , Sec. 7 , 2N70 Clover Basin Reservoir McCall Lake Teller 45 Lake :IcCasiin Lake Panama Reservoir :: _llnare REservoir SE4 , NW4 , Sec. 28 , 1N69 5..4 , NE4 , Sec. 29 , 3N70 SE4 , SE4 , Sec. 36 , 2N69 .: 3urch Lake NW4 , Sec. 1 , 1N69 Steele Lakes Swede Lakes arouD Lagerman Reservoir Teller Lake Clover Basin Reservoir Burke Lake White Rocks area, Hartman Lake croup of ponds 354 , :;E4 , Sec. 20 , 1N69 Twin Lakes (original) SE4 , 3E4 , Sec. 36 , 1N69 E2 , NE4 , Sec. 34 & :sh Reservoir W2 , NW4 , Sec. 35 , 1N70 .alter Reservoir Harper Lake 5a_ rell Lakes (larger) NE4 , SE4 , Sec. 10 , 1S69 Prince Lake 41 'Perry Lake 5W4 , RW4 , Sec. 14 , 1N69 ..._ad7 - Sec. 29 , 3x69 Jim 5ne-st Nature Pond __E4 , Sec. 36 2N69 W4 , SEc. 12 , 1N69 a .. Baseline Reservoir Valmont Reservoir Sawhill Ponds Walden Ponds E2, NE4 , Sec. 34 & W2 , NW4 , Sec. 35 , 1N70 South Boulder Canyon Ditch & area SE of Baseline Reservoir • • 48 F `'--. TABLE 9 BOULDER COUNTY WILDLIFE HABITATS 7� T-14VEµTok'T bird �r� • 4�\\RQre. bird �- S�4Y,'T1CDn� SFec,ies 4%, hab;}offs �°A c� x 1 G 6, A CRITICAL S.v -- 6X 5 -D P WILDLIFE ,.. .,IC'v `r 2_ 9 s 4` HABITATS LLi .-1.a Thomason River + + .gain Creek + + t. - ::ain Road + < 5 :give + < 5 3 :icad + <5 3 • * 1:.:7. Street +'• ----- z-3, 1-`10 Panama Reservoir + + ++ f} z-3 r Creek, east + > zo• + _1socks to <s I ! + i I zA .,.:o::ery + I .: _: . ;:n d s 1- > 20 1, Z,.3 + ;.% • 1 , I. Walden Ponds + < 5 ,z, ,3 + 4 Boulder Creek north of Ball Brothers + > z-o 3,7, +'` Bear Creek Canyon + 5-zo zo 3 * g :&- i- 'a So. Boulder Creek near :.icorado Springs + 5-2.O * ' 4 I i Jim Hamm Nature Center S- zo + t Ly;;n Gulch ; I .S 5- ZO .. ;iuystack !•:tn. s-moo + v- I =nama Reservoir s-zo _ + + : I 3ui der Reservoir 5 - zo ant Reservoir ,_`a f + 1Q e TABLE 9 CONT. is 1 • H f-Co,,� ' p, �c sFecsQs• ��b�t4}s 4 /. `‘9 _ ')6s,.. ��. 6�Q, CRITICAL '`5_ y '� . y� F LJILDLIFE • jc �' cYe T HABITATS 1- _ "e s a H 11 . . .. :ille < 5 + 1. .. Lake <5 f. • ,.,. SW of _::: Lake ... . . :c < 5 Canyon - 1 + + Cr . . ::'1:1. u vicinity + I I I * ,c. 7 , 2N70 S...:4 , Sec. 29 , 3N70 + SEA , SE4 , Sec. 36 , 1N69 I + ' SW4 , N„4 , Sec. 14 , 1N69 L._ I + _______, . ,, ..,4 , :.';y , Sec. 12, 1N69 i + i S E E4 , Sec. 34, 1N70 • a ..,4, Sec. 35 , 1N70 + + C F • !;E-1 , .,�4 , Sec. 10, 1569 1 + So. .:cu:c.ar Canyor. Ditch b 2'; of ::al..',e,1 i ne Reservoir + nc s1in Lae I + i Lel1.'1 r w,c se volr + 1:..E4 , ,:E+ , Sec. 28, 1N69 — •-._ - 51 TABLE 9 CONT. -6 thi94 Towle 6' v Roe- bard Cj s:c5..;C;ca t 'a, 4,. hab;tots SPer�es o. G'. on. /. '.. N,c � N t 4.. b v1 v' \\J; 'b6 i 6-!, CRITICAL .. * s X P WILDLIFE :AT ION T N HABITATS nrch Lake .+ :teel_ Lakes + .;-aerie Lakes + acernan Reservoir + ..al:. r R= eLvoi Twin Lakes (original) I + harper Lake + 1 Rare bird species : 1 - endangered nationwide 2 - threatened nationwide 3 - threatened in Boulder County I 52 r TABLE 9 CONT. i i ' ' Nv ENT Qn ^ GR'( = • 6; b i r-d S;R";C i Cam,` c• hi b i 4,..' v _ px 4 y °6.4- CRITICAL �- P� 'h � X e. G ,h x WILDLIFE i LOCATION - X 9� \l' 4' ' HABITATS ?since Lake #2 s-zo 2aseline Reservoir s- + fields east of Lyons < 5 , McCall Lake < 5 + $ 37th St. , north of 66 < 5 McIntosh Lake < S + • z St. Vrain Wildlife Refuge I <5 Clover Basin Reservoir <5 ( + + O Loncmont Airport < S • Table Mountain < Gaynor Lake < 5 Oxford Rd. at County line < 5 ij Mesa Reservoir <5 55th and Valmont < 5 Teller Lake #5 <5 + + + Z_4 L - 55th and Arapahoe < 5 i I i Teller Lake, Burke & + + Hartmann Lakes < 5 Z Prince Lake #1 < 5 + . Marfel Lakes ‹ S ] + • In, er. I Baseline & 75th < 5 • l I Fairview Estates <S Marshall area < 5 1 50 • I "*91c Impacts onetary value of real estate is , to a certain extent, determined uses to which it can be put. Supply and demand in connection _and use will determine the value of real estate in this area. _u mole , agricultural land is plentiful and therefore some of the a: expensive. On the other hand, residential , commercial and in- ._ urial land is scarce , in demand and very expensive. -__on Paving Company has operated an asphalt plant on the south Longmont since 1965 . To date there is no indication that .resence of this plant has had an adverse effect on the value of al estate in the area. In 1977 , $100 , 000 plus houses were __J north of this plant site. In Loveland, land adjacent to a .._iron mining site was on the market for $40 , 000 per acre in 1978 . Collins acreage within 3/4 ' s of a mile of a Flatiron asphalt plant sold five years ago for $12 , 500 per acre. To date, no evidence exists to indicate that the presence of an asphalt plant or a concrete plant will have a negative impact on nearby property values . Flatiron plant operations in Boulder, Weld and Larimer counties have coexisted with agricultural , residential , commercial and industrial land uses for many years without impact to property values . G -1- i ' 2eclamation Plan General Dur company provides a basic level of reclamation of mined lands . This includes grading, drainage and grass seeding. Improvements beyond this level depend on the ultimate land use, ownership and conomics . The aim of this reclamation plan is to create a private recreation area with fish and water fowl habitat. The land will be mined, banks and islands will be shaped to give a natural appearance, and lakes ill be allowed to fill. Land surfaces will be reseeded and trees will planted. The reclamation plan has been approved by the land owner. Tend {_Toe surrounding land is primarily agricultural. The reclamation plan with its wildlife habitat and natural appearance will be appropriate to this rural setting. ir ttI Grading The major feature of the reclamation plan is the creation of three lakes . Total water surface will be about 92 acres , less island surface. Two of the lakes will have one island each, the third will have two islands . Lake elevations are planned so that overflow of each lake will drain to another. Overflow will drain from the northeast into Boulder Creek above Rural Ditch. Banks of the lakes and other slopes will be graded to conform with Rule 6 of the Mined R -1- Land Regulations . No slope will be greater than 4 : 1. Grading and reclamation will proceed in conjunction with mining. About 43 acres of disturbed land will be backfilled to create land surface, topsoiled to a depth of 6 to 8 inches and seeded. H -2- Adjacent Surface Owners Nelson Property 1. Virginia N. Shaw and Martha A. Williams , c/o Virginia N. Shaw, Route 4 , Box 66 Al, Longmont, CO 80501 2. Michael S. Shaw, 1435 Weld County Road 161, Longmont, CO 80501 3 . Ronald F. Hankins and Barbara T. Hankins , Route 2 , Box 235, Longmont, CO 80501 4 . Herman Schlagel and Betty L. Schalgel , 1262 Weld County Road 201/2 , 5. Arthur Stromauist , Lucv Stromquist and Luther Stromauist , _12185 Oxford Road, Longmont, CO 80501 6 . Regnier Farms , Inc. , 0500 Weld County Road 20 , Longmont, CO 80501 7. John N. Lamar, Route 2 , Box 318A, Longmont, CO 80501 8. E. Max Serafini and Doris Ann Serafini , Route 4 , Box 44 , Longmont, CO 80501 9 . Howard V. Rasmussen, 1754 Weld County Road 162 , Longmont, CO 80501 10 . Ned Gerald Sprague and Claudia Jean Sprague , Route 2 , Box 325 A, Longmont, CO 80501 11. William Edward Kobobel and Margaret Kobobel , 7909 Weld County Road 5 , Longmont, CO 80501 12. Lee Ervin Olsen, 1738 Weld County Road 201/2, Longmont, CO 80501 13. United States Bureau of Reclamation 14 . Edwin Anderson, as trustee of the Anderson Family Trust, 3528 Weld County Road 28 , Longmont, CO 80501 15. Mr. & Mrs . Dale Johnson, 505 Weld County Road 16? , Longmont, CO 80501 EF I-1- 1 Section J Legal Right to Enter 1 1 t I i� p i i { I F Exhibit J IN THE MATTER OF FLATIRON ) PAVING COMPANY ' S LEGAL ) RIGHT TO ENTER AND OPERATE ) AFFIDAVIT ASPHALT AND CONCRETE PLANTS ) ON THE NELSON PROPERTY IN ) WELD COUNTY, COLORADO ) STATE OF COLORADO ) SS. COUNTY OF WELD James Short, being first duly sworn upon oath, deposes and says that Flatiron Paving Company has the legal right to enter and operate asphalt and concrete plants on those lands located in Sections 20 and 29 , Township 2 North, Range Sixty- Eight West of the 6th P .M. all within the County of Weld, State of Colorado, and further described in the attached legal description. James Short The above and foregoing Affidavit was subscribed and sworn to before me this day of etc--1 , 1981 , by Witness my hand and official seal My commission expires : 51//9,E, i V e�YeLr� i c' Notary Public • a '41-3.-a c.'.3rra L E.'r .4..W.'"- �,� ty of Weld ,and State of I Longmont, • ,:t) '' 3 4- r '�'4h;:aq;t* Colorado Two , t �y ." ^;,,r719 o` .for the eonddaatiea of T $ C . DoBan,in ieafd paid, f'-i..>"1, 5.+: •#.i �.„„4 .0 hereby*140 sad gait elaim(.) to MILTON N. NELSON ,T� h and Fs7 EN C. ;�� Ff'�. t- `~ whom:et:d+e�i. NELSON,0 West Longs Peak Avenue, Lon _{•''Longmont, k' • Comity,f Boulder ,and State of Colorado f t"'M "' '-` property,m th. .the following real x,'_• o County of Weld ,and State of 0. r . ... Colorado,to wit: 2 :--• -��' o A tract of land in the southeast corner of Section 20, s l � y 1�., 0.,,s, Township 2 North, Range 68 west of the 6th P.M., being all .e Y"t ,./.4./;:::;;;:, ''; of that portion of the 5EJ of the SF}t of said Section 20 -4+i - �c lying east of the east right-of-way of the C. B. & Q. te. _,. .sue ) t N Railroad; y` - a L, 6w a .- d Sr i;, 'r t . �- .._F ya 5' t 4• « �r s.,' el.4 . 9' • / with ellit.appurtenances, S f fY" ' ( L l��^ Signed this 28th /'� lam` % z x• day ot February 7975 non s y' 1 '�� mot Mir. ae 4. haw. .,, s.? /7 * ` Virginia N. haw. r _ ckt t.X y Y M ran OP COLORADO, ., cancer Boulder, ;#, -Y"i ''e 'f,;V fr. F fa trmeaat w...clmowledyed Wore ms this 78th 3/4X- 14::7: :i.§\..4. k w rlei.... ........ ' , ,1975 ,by Michael S. Shaw and Virginia N. A 'y} t' r rx` v t -Tr.-,1:41 'f ' July 14th, 1≤-5. .."7,7,1>:-.4%, a ia tt • " r ` '.. `i nJ�e V 8 L O official.sal ..?1,7c:=. tT�.,e. r�_,..t�^sx, .a�i.'F+��C.O�OQ`p' / �� .�' C'�tGLl:C7/ � ?i' " : 41. f • .?'' _ .In.Mn.,1, IVY lye +' it^i 2 :i 4.; y awes", �_.r km natal rev r o..v.�n r..........r:r a...w. mln rb stein:i- '��r�n m�r.tw`i.nr...`..m..�r:. r..r�i�o. sr ~ ' � ., wawa Pa iii. am mug asses—a...tonn—la Ill44111 MD IlSalied tglit.z.IY Iv 4 imam w r.a r sr rS ° it (att."' '' [:` 4 '' .r4Ke 4 x - ? 4 4 ` p .‘":-.4-C 4 e ksr,. •w« �... a4't ai w, . CD ihs. a �� )i t > k•. .t .p< f F ..•::•‘4" 2:11$'_ F 9" $ >P -S �r ... ‘ii::- .1.4„;. 5 � �y 4`� 4: cf.d� .,1 p . � 'i':. ,L�,4`-',-.4...,,u,4" ..*7-2.1...,," oaf a. f '� t T"�ar40' ( =I+t�+ C e �a."'.` I' ''4i"t!` q W +`.�n M-r[- pia, `cif' is 1,✓.z i• r ..;++3-citv$t•.z n ri"p,41;3„.te Wf`..14IC,c s �•Y: 0 F al"(c — s,“44'+1t R s'Et d '`r ♦ r"Z,ra Y._ 's.4,• ..--,r',701.- ' xh>s,, ' I SaS�r t. ,. S WI' A °' —d., 4_,, NOV E 7 1978 4: .t'F l• 3 '44r 0—, _ �.. Rex ri 117'73'7.i6 ��i.,.;v ` ,r*-1" Ts -s f e y k r - z 01-I t 5 �- ‘3 t, : •.) Stoked Cobra* NW Gantt Clot 6 Rader g `.' WARRANTY DEED. � F k I 1•'..Y l C YID tea'. 5 .°S.; a� „ - MILTON H. NELSON and HELEN C. NELSON, husband and site, whose address • ,c [ +°y $ is 2040 Longs Peak Avenue, Longmont, County of Boalder, State of Colorado, for '1"'"e15' so, e {�F?N. • the consideration of One Hundred Forty-five Thousand Nine Bundre. Dollars ($145,900.00) a r a�✓ 5 - . f I in hand paid, hereby sell and convey to MARTHA A. WILLIAMS and LESLIE J. WII.LIAMS, JR., -f '`' whose legal address is 8876 Rogers Road, Longmont, County of Boulder, and State J r`Ny of Colorado, the following real property in toe County of Weld, and State of c- a.Y l t.�' ^ Colorado, to-wit: ♦ s;s f 4•,.' . g. , °ti..'_ t‘2,4 - Or/ a t ;.•r- Portions of Sections 20 and 29 in Township 2 North, of Range 68 West a aiLi,.a of the 6th P.M., described as fatless, to-wit: N., „°: ITS i r'4t r7w `,,4 `t The south halt of the SA and the NWk of the SEk of said Section 20; L r ;e -. and all that part of the SWk of toe Nee lying east of the Plumb and Dailey o IC ti '`I'; . - Ditch; and all that part of ti,,, 3Ek of the NW and of the NEk of the SW o ' a - ._ ' lying east and south of the Plush and Dailey Ditch, ell in Section 20, io o r V h^ Township 2 North, of Range 68 'Jest; ♦ :, t -. Also the SEk of the NES of Section 30, in Township 2 North, of Range S a �_ 6`f West; x n h W .v Also the NWk of said Suction 29 and the NNk of the Nee of said Section N r t a i- •` a 29 and the SW of the SEk of said Section 20; ' ' a.`,:y.�� o e^ 4 ° ,i — BXCEPTegins that portion thereof contained within the following description: t ,L+• F4� W. Beginning at the northeast corner of the NA of the Nee of said k'''. �. Section 29 whence the northeast corner of said Section 29 bears south • 7 ".1", 89°50'15" east 1,395.43 feet; e.:.z 111 thence north 89°50'15" west 64.06 feet; thence north 02'36'50" east 1,361.75 feet to the northeast corner § , c ;;?y• of the SW of the SEk of said Section 20; y a. .p-^ thence north 88'17'16" vest 422.04 feet; t.• y ' s thence south 20'46'55" vest 551.73 feet; Slate Cbcumas�� Ta t' •nee south 38'17'43" vest 659.12 feet; ' --t_4 ) 1 110VE71978 r _ (, * ,�,� thence south 44'34'12" west 164.91 feet; aye_ it- cl. i it& thence south 30'31'40" west 539.52 fee'• thence north 57'15'53" west 1 foot; rs.7 2 >• thence south 32'36'53" west 671.29 feet; thence south 7'27'55" west 350.35 feet; f thence south 35'49'50" west 316.39 feet; ''.L'41 _.pi thence south 53'13'47" west 158.82 feet; gib I5 -�- thence south 66°13'37" west 364.21 feet; \ ' ° e6once south 46'45'26" west 32.04 feet; if° r thence south 72'28'00" west 342.86 feet;x R, -..,,. a,, thence south 70'21'54" vest 203.70 feet; r r TTT thence south 59'31'57" west 241.36 feet; .3'_s r thence south 48'28'14" west 79.08 feet; e a 1 t xd`t thence south 39'56'43" west 310.83 feet; a ' 1 t rT M �• thence south 45'13'00" west 483.45 feet to a point on the east-west si centerline of said Section 29; - + thence south 89'40'23" east 3,175.89 feet to the centerline of the Y': .,A3; h o Chicago. Burlington 6 Quincy Railroad; y 'Y , - - .. thence along the centerline of the railroad north 35'13'07" east '+ a 1,598.82 feet to a point on the north line of the Sett of tl.e Nee ° t* • , �• of said Section 29; thence along said north line north 89'45'18" west 278.87 feet 6 ,. a ia'1 OJ to the center of the Nee of said Section 29; sue'•' t '' '' •^ f't .1°, thence north along the east line of the NWle of the Nr1 of said Section 29 north 00'12'37" e.:at 1,311.02 feet to the point of beginning; St BUT lsuatafE VITH all ditch and water rights appertaining to the premises hereby conveyed, including 11 shares of the capital stock of The Gadding, Dailey and Plumb Irrigation Company;With all all its appurtenances, and warraz• the title to the sere; subject 'v . 4 Y' to existing rights of way and easements for cowl, ditches and utility lines; "-,,w- y�y y i.'+a 1979 taxes and lieu of any [Axing districts; Ho-; : %,--;-- 5 l , ( ! 1 r '4^ 4K Y .` i 4 4 1f ro , • x st at: tom s�'° f>ui b f.3 •- ;r e-- �a ,( x ; { r.� s,s=+L `t f2-2'4-{' 4 s •1-.4. f vi ! n ak at�.•ix'.k;.:4: 4`m 1t '-ft."., .,- w 4k---44, . +`§ . • i1 ism ..r f t Carr' i:f , +b" aF,., .r1 , �) 't'. a 't 4 f `�^ �T +t • 'n E "+"ri Xx i aS 1 r. `V; 41)e".. `az w t ; 1 ifi aft kri'i(.1"... x ' r.c v.- ,), ,y gZ i,.�. ♦ tliLh4M ,Y x � S tk * :sf+"`+4,et.t !! f •5 -c4ry1, ` 4 t". ,1'�• .4. y .s.4.., . `sJt ar 1, na ge-g e at: ^;; Y tea.+ 4.t-te ,a.>`psh,�r 4",f !'&a �.sy,.e1 .,: shy! a �t 1"¢ i `4) Y 1 m 'd.., •.- 's�r ea' 1 .€..- tt ? -* 'x 1' '5 L 5 a ''''',:f"''X i" 3 x, r 7'f; ' .ia *c .Fti ! 'G ,.ai ; s..C •. s, r6`�.�` rs •- _ -,-“,---• `n` Ys » . � ..�. 6d* 852 . ji. t ,_l• Sr v a .. °M � a s 1773756 2i ry i )J 4f(P pax 'q g<r �Y ,::.4',r,41- 1-1.-3:y r r. I t +z 1, t'7rwa. n`vhy'"„�.c RESERVING, however, to the grantors, their heirs and assigns, all r a` i---..7,:'," ' 0r..ps.. oil, gas and other hydrocarbons, and all gravel underlying said premises, a d SIT: together with necessary rights of nay and easements CO enteY upon said ! o r�fi� premises to prospect for, mine, drill for, and remove said gravel, oil, s ,../T.z, � 'r gas and other hydrocarbons, without grantors being liable for subjacent x�• -� 74!"t ss support, or for any damage to the surface caused thereby, and further !^ t';•= • _u d y £ reserving to the grantors, their heirs and assigns,xi,,.. C whatever surface r,,, f �. ��• T ground as shall be reasonably needed for drill!ng, mining, plant operation sx '"' fy tt, 'w .rr and stockpiling of gravel; and subject to iw�s > 'l l +.7; �. +",,,+t ._ ) gravel contract of record. $q ^t�G''M. r 4' q Signed this first day of November, 1978. a5. " t._, re,".57::#,:f.‘‘. YQ 4 fir s i � 2 1 r 4 a >5'�! `�}`% y• ' Milton N. Nelson. xg'"'- k j • fa / r- 1 -.1 •/ si['yi. �r _ ! _______ Helen C. Nelson. 'k Yg.1i t Husband and wife. t STATE OF CCLORADp, ) -.rid ) es. i y t + i County of Boulder, ) 4 x ti e: � The foregoing instrument was acknowledged before me this 1st day of ` November, by Milton H. Nelson and Helen C. Nelson, husband and wife. rkp j : , - • t-;t•• / .My commission expires May lst, 1982. "'{ ..';l'• 1'let-. ' WitHess my hand and official seal. _ ' 7 Ierji •:. - P L L. �!_ G='mil 'a:zz------- "at - 4 < n ''.. ... �'�•. No•ary Public. ^.. tY fi t 2 ( T r,,+;i :.'oz ? a 1 M v wC # t. V. 4 42.. 0 h r a ` _ vti I r > `h n ; L .+C"S 'RR h X P.',.. i+4 . x .* t/i 17>7 ■ L 3STn R©N PAVING COMPANY POST OFFICE BOX 229. BOULDER, COLORADO 80306 • PHONE: (303) 443.9400 September 29 , 1982 Rod Allison Department of Planning Services Weld County 915 10th Street Greeley, CO 80631 Re: Office of the State Engineer 's Comments on SUP 495 Dear Rod: Originally, the contemplated use of water for our plant operations, to which the State Engineer referred in his letter to you dated September 21 , 1982 , pertained to the use of a wet scrubber with our asphalt plant. Presently, we intend to use an asphalt plant which employs a baghouse to meet air quality requirements . We are well aware of the requirements of Colorado water law, and fully intend to comply with those requirements germane to actual plant operations . Based upon our present plans it seems to me that the concerns expressed by the State Engineer's Office are not particularly relevant. If you have any questions regarding this matter please do not hesitate to call. Sincerely, i Mike Hart NELSON ASPHALT AND CONCRETE PLANT SPECIAL USE APPLICATION PLOT PLAN VICINITY MAP -••'‘I-I• • ,„/.';'4/\K T ,' I >' ri �" ....� r iAi. 7,-, , ,I. Il i 1� , 2^_ \1 / 7, 2, I i 'I I 1 l , /A' /let R, jUI• ' fnr Y � \ i \ , J ii ( LEGAL DESCRIPTION w 1 .o / 1 I R ac 1 9 8 6 P f .' J DEVELOPMENT AND OPERATION STANDARDS \�_� �/ �' AYi I \'(' ) \‘,1\\ \ 1 . f // \ 1: I 1./ \: ;1� /p \� PROPER TY OWNER 1 APPROVAL „:ea or FLATIRON PAVING COMPANY P.O. Box Boulder, CO229 CO 80 80806 81 COPY REDUCED IN SIZE B. REFERRALS Includes recommendations and information submitted by various county and state agencies. RICHARD D. LAMM FQ �4 i,� Governor JERIS A. DANIELSON iN ir t:“:" */ State Engineer */876 OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 September 21, 1982 Mr. Rod Allison Department of Planning Services Weld County 915 10th Street Greeley, CO 80631 Re: Flatiron Paving Company Use Permit near Erie Dear Mr. Allison: As requested, we have reviewed Flatiron Paving Company's Use Permit applica- tion for an Asphalt and Concrete Batch Plant. The application states that water for plant operations will be supplied from an existing pit lake based upon an agreement with Mr. Milton Nelson. We would like to see a copy of the agreement with Mr. Nelson. Also, what water right does Mr. Nelson plan to allow Flatiron to use? Is it a portion of the water right adjudicated in Division 1 Water Court Case W-9484-78? If this water right is used, it is a very junior right. Since the Boulder Creek basin is over-appropriated, Flatiron or Mr. Nelson should develop a court-approved plan for augmentation which would avoid the possibility of being called out by senior appropriators. The plan for augmentation would replace all out-of-priority consumptive uses of water. Also, Mr. Nelson should obtain a well permit for the water right if ground water Is part of the water being used for the plant operations. If the source of water to be used for the plants was not adjudicated in Water Court Case W-9484-78 or in another Court Case, then Flatiron cannot divert pit water without a well permit. To obtain a well permit, Flatiron would need a court-approved plan for augmentation to replace all out-of-priority consumptive uses of water. We cannot recommend approval of the Use by Special Review Permit until Flatiron addresses the above discussed issues. If we find Flatiron is using water from the existing pit illegally, we will order Flatiron to cease and desist. Sincerely, HDS/JRH:ma Ha D , P.E. � Assistant State Engineer ry tI1'� cc: Jim Clark, Div. Eng. ;— ; SEP 27 1982 ... . nu..,,, ,,, rnmmiccinn -- REFERRAL LIST APPLICANT: Flatiron Paving Company CASE NUMBER: USR-495:82:10 SENT REFERRALS OUT: September 2, 1982 REFERRALS TO BE RECEIVED BY September 22, 1982 mo Cl) o H 6 Moff 6 Cn F fa 2 H 2 Z w H E, a U H z,FW� W h W W W H W H {r� O U O O U O W U W U Z� z M a z o M a z g.2 e $4 * -- County Attorney (plat only) Longmont Fire District Attn: Don Marvin, Fire Chief --, Weld County Health Department 9119 County Line Road KXX Longmont, Colorado 80501 Engineering Department y XX Ed Reichert /\ County Extension Agent Planning Commission Member 19279 Weld County Road 17 Colorado Geological Survey Johnstown, Colorado 80534 1313 Sherman Street _ Room 703 Longmont Soil Conservation Denver, Colorado 80203 4" 9595 Nelson P.O. Box "D" Colorado Water Conservation Longmont, Colorado 80501 XXX Board Centennial Building 1313 Sherman Street Denver, Colorado 80203 State Engineer XX Division of Water Resources 1313 Sherman St. , Room 818 Denver, Colorado 80203 State Highway Department 1420 2nd Street Greeley, Colorado 80631 Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, Colorado 80220 LONGMONT FIRE PROTECTION DISTRICT 9119 COUNTY LINE ROAD LONGMONT, COLORADO 80501 772- 0710 23 September 1982 Mr. Rod Allison Department of Plannin<- Services Weld County, Colorado � 915 10th Street Greeley, Colorado Reference: Case Number USR-495:82:10 Flatiron Paving Company — Asphalt and Concrete Batch Plants le have reviewed the proposal and do not have any objections. The Longmont Fire Protection District will require the following Safeguards: 1. A berm below the liquid asphalt storage and heating tank of sufficient capacity to contain the total gallong capacity of said tank. 2. Portable fire extinguishers installed in accordance with National Fire Protection Association Standard ,#10 "Portable Fire Extinguishers". Type of fire extinguishers to be installed shall be 20 ABC rated. Locations shall be at or near burner end of aggregate dryer and at plant control facilities in easy reach of plant operator, and at other fire hazards associated with plant operations. 3. Property owner(s)/occupant(s) shall provide the Fire District with a complete set of written plans and drawings of any proposed structure including all measurements, intended occupancy and contents. UilliamR R. Acting Chief Longmont Rural Fire Prot. Dist. WRE/wre CC: Board of Directors (5) File Longmont Soil Conservation District 9595 Nelson Road, Box D - Longmont, Colorado 80501 September 20, 1982 Mr. Rod Allison, Planner Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 Re: Case Number USR-495:82: 10 - Flatiron Paving Company Dear Mr. Allison: In reviewing this application and its reclamation plan, it is noted that the revegetation consists only of grass plantings with no shrubs or tree plantings. If the lakes that are to be left are for wildlife use, it would be desirable if a variety of shrubs and trees be planted to enhance the areas. It was noted that the published soil survey for Southern Weld County was not used. We will send Flatirons Paving Company a book for their use. If our office can be of assistance with designing or recommending plantings for this area, please let us know. Sincerely, QQ 44.9 e Orville Sadar President CONSERVATION - DEVELOPMENT - SELF-GOVERNMENT ,es60411 E OR f DUM IllikTo Rod Allison, Planner Date September 10, 1982 COLORADO From Ronald K. Stow, Environmental Health Services le /;td subject: Flatiron Paving/USR-495 : 82 : 10 K t Our comments are as follows : 1 . A NPDES permit must be obtained from the Colorado Department of Health for any water discharge. 2 . The Colorado regulations pertaining to noise abatement , specifically 25-12-103 , 1973 , as amended , must be maintained at all times . 3 . Any permanent structure with sanitary facilities must be served by a property permitted and installed septic system. 4 . Emission permits for the asphalt and concrete plants and for fugitive dust must be obtained from the Colorado Department of Health, Air Pollution Control Division. RKS /gm D vi Sr? 1D 19DZ PW;m„1,, ,itist^o W;,Ib bd. tia lThre REC EI V \-7l• � PAVING COMPANY G`6 L c' POST OFFICE BOX 229. BOULDER, COLORADO 80306 •• PHONE: (303) 443.9400 November 19 , 1981 Mr. Tom Honn Dept . of Planning Services 915 10th Street Greeley , CO 80631 RE : Flatiron Sup-260 Nelson Pit Dear Mr. Honn : The approval of Flatiron Sand and Gravel Company ' s request for placement and operation of a concrete batch plant and an asphalt mixing plant at the Nelson Pit site required the Board of Commis- sioners to approve any conditions to be placed On the operation . Those conditions were approved on June 10, 1981 . One of those conditions related to the maintenance of the primary access to the site , County Road 3. Further agreement was required to establish the sharing of responsibility for maintenance between Weld County and Flatiron. An agreement was reached in a work session with the Commissioners on the 15th of June , 1981 . Weld County will provide the aggregate base course , (10 ,850 ton is estimated amount requ-fired) , blading and rolling of County Road 3 prior to pavement . Flatiron will provide the equipment , labor and materials necessary to pave County Road 3 with 3" of Hot Bituminous Pavement . The County will use aggregate base course from the existing stock- piles in the Nelson Pit to reduce the haul required. Flatiron will then be given credit for the same amount of base course which they may take as required from County Pits. The roadway preparation is to be coordinated by the County Engineer and Flatiron. Surveying will be provided by Flatiron. Flatiron will pave from the plant set up in the Nelson Pit . Please feel free to call if additional information is required. FLATIRON PAVING COMPANY OF BOULDER James H. Short President JHS : naw cc : Mikn Hnrt C. SURROUNDING PROPERTY OWNERS' INFORMATION 1 . Includes letters and other information sub- mitted by surrounding property owners prior to or at the Planning Commission Hearing 2 . Includes letters and other information sub- mitted by surrounding property owners after the Planning Commission Hearing and prior to the Board of Commissioners ' Hearing. TO: WELD COUNTY PLANNING COMMISSION November 1, 1982 We, the undersigned, wish to oppose the approval of the November 3rd application of Flatirons request for an asphalt and concrete plant and request a denial based on the same reasons as previously denied: (SUP 365: 78:17) 27 • NAME ADDRESS PHONE f at-e jI/ 02g i� - cis r0-, 91/ t -� 1-mit i . -f, 17,21 u1MJ 71 to21-36c/ lfz GL , 1e-� �� a -viii yeo 4 77a- 7773) - 1 f l'D�� i-7/7 i f^ 11 m ' 3Sy lOre /6_ '/R 77/ - 1711.1— f n ✓ -�•e n y/ /"t:-7,7 c; :7_. 75`jSLt' !�-u.rr /c, I" -77-2t "3 7y \ o /(7,Y-X7 1'1—' J CV it //71-'5- 7 07* L. \\\\Nc --,•-24..4.- f/c[- /S/C' .- '/,C, /t'`. 4/Fr/ / --Z( - /7v 77(,- 7 4) - . 2S0&E es 77,2 -Rik 1 Pt 7 - 7 / th d 7“.924.w. X47 4.;c /cf 7 7-7 67 /lit �-1 FRi, ¢ttA,+CA SLI 7 tn9 C e zs i ? 77 a - 726.7 ii—ei R7 2 de 37sf 776 -2s:7 /Ji,-.--,!srY .� �� ye-3-�S--9 774 -a.P7,P • --7Xi ,4 ��7 , C77 / ilo/Ki!/ c//, 6 s/- ?/i�o �, - k-,,,,-,-,7 C. ( TO: WELD COUNTY PLANNING COb4ISSION November 1, 1982 We, the undersigned, wish to oppose the approval of the November 3rd application - - of Flatirons request for an asphalt and concrete plant and request a denial based on the same reasons as previously denied: (SUP 365: 78:17) NAME ADDRESS PHONE 1/1/ (, ....-4:'--c..,�-/�-- 7-; �i -_-. /\ '� K 7 /; 75 j 7 i )1(,�;• (./ . 0 ,.x.4.1 r..__ . /-y.'? �- L. i_' /, 22-; / `/ / -4 , i ;q I OH ( (. ,(- c ( f (- l? % 7 C. -7?1"--T'7- 11,)<L iu ce 402 1. l4-/ s C6e�/67 % 742 7 Z < t , {, P •• e t. .�-- _ .,• c- .427.4277-. - 93/7 -�'--2 ii7U Cr /4, / PC/ 41 X72-Y3/ 7/4 �.ce,t.._ i /t r-e. -777., 9)x77 ft .,-/E1 77Z -6379 Orr/' ii--- i ;.-,_4i7 " 10 t 70/ k )re. 7 ,5/- .7.75!.2 f� . 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'. ,i.;� _-.:(1-�y;i `I '/C � Z November 3, 1982 Dear Members of the Planning Commission: In view that I, Dale Johnson, have been a principal opponent of the industrialization of the agricultural land below my farm (specifically the Flatirons application of an asphalt and concrete plant), I request that the hearing be continued until such time that I can be there personally, which could be November, December, or January. Furthermore, I feel that this application should be denied as was the special use permit (SUP 365:78:17) for an asphalt and concrete plant on adjoining ground. Basically the reasons that June Steinmark stated for denial of the previous application (SUP 365:78:17) , I feel are equally applicable to this special use application and summary of these reasons are: 1. Flatiron did not show that the plants could not be located within an existing municipality which is the preferred location according to the comprehensive plan. They presently have 6 plants operating within the confines of municipalities or their comprehensive plans. 2. Economic considerations for hauling costs are not that great and histor- ically Flatiron hauls gravel to its plant sites. 3. Alternative locations of plant sites have not been thoroughly investigated. 4. This request is based on future economic development and need and not on existing need. 5. The roads in the area are not in a condition to support increased traffic. 6. The adverse effects on the neighborhood would be extensive. Furthermore,a(thcc /iFlatirons has the right to make application, I do not believe the the Planning Commission or the County Commissioners has a legal right to reverse previous denial, because no material or substantial change in circum- stances has occurred as reference to SUP 365:78:17. In support of a legal opinion, I am entering into evidence a copy of this letter from my attorney. Thank you, Dr. Dale Johnson Principal & Intervener in Previous Litigation Enclosure HILL Sc ROIIDINS ATTORNEYS AT I.AW 220 EQUITABLE BUILDING 730 SEVENTEENTH STREET DENVER, COLORADO 80202 303 372-6300 October 1, 1982 Weld County Planning Commission Weld County Centennial Center 915 Tenth Street Greeley, CO 80631 Re: Application of Flatirons Company for a Special Use Permit -- October 5, 1982 Hearing Date Dear Commissioners: This letter is written on behalf of Dale and Lynn Johnson, who own property and reside in the area directly southwest of the site Flatirons seeks, by its current application, to utilize for a concrete batch plant and an asphalt plant. As you may recall, the Johnsons successfully appealed to the Colorado Court of Appeals the Weld County District Court' s judgment setting aside the resolution of the Weld County Board of County Commissioners denying a special use permit application filed by this very same applicant. On March 18 , 1982 , the Colorado Court of Appeals reinstated the decision of the Weld County Commissioners which denied Flatirons the right to operate a concrete batch plant and an asphalt plant in the SE 1/4 of the NE 1/4 of Section 30 and the SW 1/4 of the NW 1/4 of Section 29, T2N R68W. By its current application, Flatirons is seeking to operate the same kind of plants on a thirty-seven acre parcel of land immediately adjacent to that site for which they were previously denied a special use permit. By this letter , I am asking the Weld County Planning Commission to continue the hearing scheduled for October 5 , 1982, in order that the Commission may fully consider the important question of whether the County has a right to issue a special use permit for the same kind of uses in exactly the same area to the same applicant to whom it pre- viously denied a special use permit. The preliminary legal research which I have been able to do to date indicates that Weld County Planning Commission October 1 , 1982 -2 • - a zoning authority which previously denied a permit applica- tion is not normally permitted to reverse itself. Only if a material or substantial change in circumstances intervenes between the denial and the reapplication which materially affects the merits of the case, may the zoning board issue a permit it previously denied. See A. Rathkopf , 3 The Law of Zoning and Planning, S37.08 [2] (4th ed. 1982) According to another authority on zoning and land use matters, "It is only where there has been a substantial change of conditions or circumstances, or where it is shown that the decision was the product of fraud , surprise , mistake or inadvertence, that such an administrative body may reverse its prior decision in litigation between the same parties. Changed circumstances sufficient to justify reconsideration must constitute a change in the particular condition which resulted in the earlier denial." 7 Rohan, Zoning and Land Use Controls, 551.07 (1982) . Thus, where the Board of County Commissioners denies a special use permit application on the basis of the extensive adverse affects its granting would have on the surrounding neighborhood , that decision is binding on a sub- sequent application unless the particular conditions upon which the earlier denial was based are materially changed. As you will recall, the Board, in denying Flatirons a special use permit in 1978 , specifically found that the adverse effects on the neighborhood would be extensive. This neighborhood has changed not one wit since the 1978 denial. The exact same individual property owners and property are affected by the pending application. The area remains predominately rural-residential . The effects from operation of a concrete batch plant and an asphalt plant would still be extensive and adverse. Therefore, all of the considera- tions which the Board previously gave to the adverse affect upon that rural-residential neighborhood during its consid- eration of the first application would continue to apply to the current application. Accordingly, it appears that a real and substantial question of law exists as to whether or not the County may lawfully consider the pending application. Therefore , in light of the foregoing, I respectfully request that the Planning Commission continue the October 5, 1982 hearing scheduled on Flatirons' application until such time as it has received an opinion from the County Attorney as to the legal right of the County to consider and rule I Weld County Planning Commission October 1, 1982 -3- upon Flatirons ' application. I have had an opportunity to talk briefly with Russ Anson, the County Attorney, about this matter , and it appears that the County at this time has no considered opinion on this subject. My research indicates that under the circumstances of this case, there is a strong probability that insufficient justification exists for the County to consider issuance of a special use permit to Flatirons. Since the second application is for the same type of zoning authorization, a special use permit, for the same uses , to be performed on virtually the same parcel of land for which Flatirons was previously denied a special use permit because of the adverse affects upon the surround- ing neighborhood, it would appear that there is a strong possibility that the requisite substantial and material change in circumstances which would permit the County to consider the application has not occurred. Rather than proceed in the face of this possibility, it would be in the interest of the County , its citizens, and the applicant if the hearing were postponed until this matter can be given the considered analysis it is due. Very truly yours , / /" Karen A. Tomb KAT:pb cc: Russ Anson bcc: Dale and Lynn Johnson c We 3, /9f • alt.?_,,,,d4ar S St& ‘:O0 eras s a 0 - -ea— .��%C%'fi//L f az _ • • • 77 lam/ - /�le • • gitt - 2e7.2 r • 77,1&taZY/2, 9X77'0der egOfD/ c c -tcI 1 ::c. 1 c :El,. >ct i -•L .Ck i' l,c -vim ( l LY� Ii r a-,i • 1 ( VYYLA c•ol • 7' t L<.LL Gl c4.c -17rf n2Lc i• C; f: Cf�C� Y ?e� . " a1 cu�� -c^ • - v / K c lict c_�G-L} 1/�-19_i-1 LL�.� ''^.f�yYl.i�i-c U1�h? cg-An ( i 4 G r ; cv; ; ma c fi ' X41' { `Z � c rG�f [LL F,4 cSl — 'C1 • 7- - 4-j,1; ci ILA". 4 S� Cwt c c( IL. --fits-e.z. fuj • 4- cCtd n 5 1 . ,a L v faiejfaijk 'fit E r1 \v _ • -_ -Liu , tA c y� (9--r1 Td R 1 6-t-ic c c tl Shc2 ,rte-2 L ur Y ✓ : e.( '- pC -L,< 1iR71La' air i) Yl 4'1l i- �Lt-to L ! �v4lk {_/1L/ 6 I(1_4_ &44._c c. C sn '.� G c �L 4) -t _f_--t-H-Lvir — r: Dale S. Johnson 505 WCR 162 Longmont, CO 80501 December 13, 1982 Dear Commissioners: My name is Dale Johnson, I live in a residence just west of the application site for the asphalt plant proposed by Flatirons, which you will be hearing on December 15, 1982. As most of you know, I have been opposed to this since 1978. The history is that Flatirons applied for a sand and gravel mining operation with Special Use Permit 260 which was granted in 1974. Subsequently, in 1978 they applied for an asphalt and concrete plant using Special Use.Permit 365:78:17. This was denied by the county commissioners in 1978 for the following reasons: (1) Flatirons did not show that the plants could not be located within existing municipalities which is the preferred location according to the comprehensive plan. They presently have six plants operating within the confines of municipalities of their comprehensive plan. (2) Economic considerations for hauling costs are not that great and historically, Flatirons hauls gravel to it's plant sites. (3) Alternative location for plant sites have not been thoroughly investigated. (4) This request is based on future economic development and need, and not on existing need. (5) The roads in the area are not in condition to support increased traffic. (6) The adverse effects on the neighbornood would be extensive. Subsequent to that decision by the commissioners, Flatirons and Mr. Nelson sued the county commissioners on the basis that the zoning ordinance did not give the commissioners the authority to deny. Secondly, they maintained that testimony by the opposition was essentially invalid. This suit was heard by Judge Hayes in the District court. In 1981 he rendered a decision in agreement with Flatirons. My wife, Lynn Johnson, and I intervened and took this issue to eht Appeals Court in the State of Colorado. A decision was handed down on the 18th of March, 1982, which was unanimous. Three judges, all agreeing, that Judge Hayes' decision be reversed and the cause remanded with directions. Not only was it reversed, but every contineion that Flatirons and Judge Hayes had made was reversed by these judges also. Following this, Flatirons had an opportunity to take this to the Superior Court in the State of Colorado, however, elected not to do so. Furtheioure, if they did elect to do it, the chances of the Superior Court hearing that, with a three to zero decision, would have been unlikely. We hoped (that is, the neighborhood around which the proposed asphalt plant is r ( l to be located) that this was the end of the situation and that we would be able to continue to live in an agri-residential area, which by Flatirons own admission is basically a farming in nature. Unfortunately, Flatirons has again applied for use by special review for an asphalt plant just to the adjacent north thirty- seven acres to the previous application. For the following reasons I feel that this use by special review should be denied also. First of all, the Weld County Comprehensive Plan, pages 62 and 63, state that industrial land use in rural areas of the county should be limited to those industries which cannot suitably be located within the municipality. It goes on to say that "rural and industrial development should be encouraged only when industry is agriculturaly oriented or requires a physical environment that cannot be reasonably furnished within the municipality. Industry such as concrete and asphalt plants, gravel plants, sand operations, and others requiring location adjacent to the raw materials should be carefully controlled to insure minimum damage." The Weld County Comprehensive Plan makes an erroneous assumption that asphalt and concrete plants cannot be located within the municipalities and in fact this is exactly opposite to the nature of most concrete and asphalt plants that are now in operation in the Front Range of northern Colorado. Specifically, Flatirons operates asphalt and concrete plants within municipalities in Boulder, Longmont, Loveland, and Ft. Collins. The Longmont plant, to the hest of anyone's knowledge, has never been a target of objection since it is located within an industrial land use area. My understanding of the first sentence of the Weld County Comprehensive Plan, which states, "industrial land use in rural areas of the county should be limited to those industries which cannot suitably be located within the municipality", is that if Flatirons can operate their asphalt plant within the municipality and indeed does so in Longmont, there is no justification to operate it in a rural area. Nowhere in the comprehensive plan or in the zoning ordinances (as of September 7, 1982) does it state that increased hauling costs would mitigate a change in the placement site of an asphalt plant. I bring this up because Flatirons has brought this up as a sympathy issue in the past. Furtheimure, on page 64 of the comprehensive plan, it states that zoning for industrial use in areas outside those covered by the comprehensive plan shall be encouraged only if law employee concentration and agriculture related industries or other industries can show that they cannot be reasonably be accomodated within areas covered by the Municipalities Comprehensive Plan. Flatirons cannot show that they cannot be reasonably located in the municipality because they are already located there. This is the second point why their application is totally in- consist ant with the intent and working of the Weld County Comprehensive Plan. In the next few parapraphs, I will go through specific points of the Weld County Zoning Ordinance, September 7, 1982, to show why their proposal should be denied. First of all, in 24.4.2 the final sentence states, "The applicant has the burden of proof to show that the standards and conditions of 24.42, 24.5, and 24.6 are met. The applicant shal demonstrate (1) 24.4.2.1: that the proposal is consistent with the Weld County Comprehensive Plan." Earlier I have shown why it is not consistent with Weld County Plans. This in itself should be reason for denial but there are even more reasons. (2) 24.4.2.3 states that the uses which would be por fitted "will be compatible with the existing surrounding land uses." Flatirons (pg. B-1 in their application) says, "The special review application submitted by Flatirons Paving Company is consistent with the plans and policies of future land use recommendations. The plants are to be located adjacent to the raw materials needed for the asphalt and concrete production. And, as stated elsewhere in this application, potential environment effects will be mitigated by the continuation. The combination of site design, pollution control, equipment and practices of the plants are portable, therefore, they will result in a temporary land use which will not change long-term land use patterns in the area". The PRESENT land uses is the criteria on which we are looking at. Present land uses (as noted on pg. B-2 of Flatirons application) are grazing, crop cultivation, and sand and gravel mining. The consideration is not future land use but present land uses and indeed an asphalt plant would not be compatible. An asphalt plant, with somewhere between 160 haul trips, ie. 360 one-way trips with the addition of fuel to run the plant being brought in, oil, 5-7 employees to run the plant, parking for employees, and trucks, and maintinance of the site is not compatible with a grazing pasture or the rural agricultural nature of the land. An existing use is at present, sand and mining gravel. However, this operation over the last eight years has not resulted in more than ten days of activity per year, on the average. The application looks to the use of an asphalt plant being used for nine months a year! Because of the nature of a gravel mining operation, hauling trucks are never parked at the site and a crusher is only brought in infrequently. In the past eight years, crusher activity at the Nelson plant site has not exceeded an average of two weeks per year. It is important to realize that the ordinance requires us to determine whether it is compatible with existing land uses which are: A very low profile, rarely used, sand and mining operation plus the grazing of cattle and horses and routine irrigated agricultural crops. In no way can an asphalt plant be compatible, either by visual input, activity of employees, and/ or haul trips, smells of a plant (which may indeed qualify as far as EPA standards but nevertheless are foreign smells to this area) , and noise which also may fall within industrial noise levels but the existing land use does not have industrial noise levels and never has) . Another aspect is that they speak of a "temporary" land. use, and by their own admission this will be a 20-30 year project. Based upon eternity, it probably is temporary; however, based upon ours and our childrens lives, it is an operation which will cover most of our lifespans. Flatirons makes an argument on pg. B-2 that it is compatible because the potential impacts and mitigation measures for both types of operation are identical and the only difference is perhaps, duration of operations. There is no question that the duration of an asphalt plant is much greater in both time and impact on this area. In arguing that something is compatible because it is of identical impact is falla- cious because an identical impact adding to an existing impact would be an additive of doubling effect on the area. Neither of these arguments by Flatirons are valid. Again, Flatirons, on pt. B-#, talks about future development in the surrounding area. They say an asphalt and concrete plant would be compatible with the more intense uses allowed. These uses are not allowed and the criteria which we must look to in this particular incidence is 24.4.2.3, that the "uses which would be permitted will be compatible with the existing surrounding land uses". Finally, the applicant shall demonstrate (24.4.2.7) that there are adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and the county. I believe that it is not protective of our welfare to have added traffic and activity in our neighborhood. The noise and smells and increased activity will have an adverse impact. Our welfare is also impacted in that it is obvious that an asphalt plant that operates nine months a year plus up to ten Saturdays would decrease our land values. The saleability would have to he less when you compare any of these homes without an asphalt plant. I don't see how any reasonable person can say that they would be of equal value; or how they could say they would live in a house with an asphalt plant in the valley vs. one without. Therefore, the land value would come down and our welfare will not have been protected. This application would adversely affect our health, safety, and welfare. Also, the ordinance requires them to comply with all operation standards by use by special review. Specifically, 24.6.1.1, the operation of the uses shall comply with noise standards enumerated in 25-12-101-CRS 1973 as amended. In testimony by the Health Department in 1978, the noise level restrictions for our area would not be industrial noise levels but rather noise levels of a rural residential area. Flatirons states they will comply with noise levels for industrial levels: however, they have not stated that they will and indeed, probably cannot comply with residential noise levels. Therefore, they are not complying with ordinance 24.6.1.1. This reason, alone, would be enough to deny the application when one looks at 24.4.2. They also must comply with all 24.7 requirements, several of which I feel they have not complied with. They have not complied with 24.7.1.1.3 which explains the uses which are permitted that would be compatible with the existing surrounding land uses. They discussed that it might be compatible with future land uses which in fact probably would never be allowed in this area. But they failed to discuss the compatiblity with the existing surrounding land uses satisfactorily. In 24.7.3.4, they are to supply the maximum number of users, patrons, numbers of buyers and other visitorys that the use by special review facilities designed to accomodate at any one time. They discussed their planned uses but did not discuss the impact of other users, patrons, and buyers to this site. Nor did they discuss the added amount of incoming material that would impact the roads. 24.7.3.15 requires of them a statement deleting the need for proposed use. It wouldt be noted that this was the reason that the dissenting vote by the planning commision was made. The fact that they have not used their existing Longmont asphalt plant for almost two years would belie any need for an additional plant. They also have failed to supply an updated vicinity map requirement 24.7.4.4. Their present map is outdated and fails to show many newer area residential homesites. An updated vicinity map will be supplied by us at the time of the hearing. It seems to me that though they must prove consistency with the comprehensive plan, their data shows otherwise. Though it must be compatible with the existing surrounding land uses, it is incompatible with these. And finally, the welfare of the neighborhood would be adversely affected. Therefore, denial of this application seems more than reasonble. I apologize for taking this much time, however, it is my intent to get this data in written form, hoping to decrease the amount of time that other neighbors and myself will need to take in oral testimony on December 15, 1982 at 2:00 P.M. As one final consideration, I feel that the county commissioners should explore with Russ Ansen the probablility that the commissioners do have the right to deny an application. In view of the Appeals Court decision and the general law in the State of Colorado re-application for use by special review cannot be approved unless there is some substantial material difference in the application. I would be happy to discuss this letter with any of the commissioners anytime prior to the hearing. Feel free to call my office or home, collect, Tuesday Dec. 14 in the afternoon or evening. Thank you very much for your consideration. I regret that Flatirons continues to persue this desire to industrialize our rural agricultural area. My feelings are shared by many neighbors, letters of which can be noted in the Planning Commissioners hearing and signatures of communal letters. Sincerely, 2w-( 9 Pma17 ohnson C • 7460 Fast County Line Road Longmont , CO 80501 flecember 8, 1982 Weld County Commissioners c/o Mr Chuck Carlson,Chairma.n 915 10th Street . Greeley, CO 80631 Dear Commisioners : I am writing to express my objection to the asphalt plant permit request that T'lattr. or.a raving Comna.nv is making to ,you. I understand this Plant is to he located north of the intersec- tion of Roads 16i and j'; , near Moulder Creek, about a mile from my farm. I do not believe 'Flatirons has shown sufficient need for locating such an industrial plant in a rural residential neighborhood such as ours. I feel such a plant would he more appropriately located in an industrially zoned neighborhood . T believe that granting this request would set a very bad precedent for locating more such plants near the gravel mines in the creek valleys of the front range. I would like to see Flatirons research the possibility of locating this plant in an industrial neighborhood with even half the doggedness they've shown in pursuing this Hermit in our rural neighborhood . I thank you in advance for your careful consideration of my opinions on this matter. Sincerely, Tom Maur cc:Mike"•dike and Cinnv Shaw /tide � cam, o ,. Co( r ci Y i (? 6).1572 ( -,, tee{ & . ea asola Orr% Co . 80 50 / /C o, . /o/ / g e z- / / e0 . goe 3 f-g'IL-te GRE'ELEY4,COLO, V,e- A aalt - V,CA U r C its-' AGLcit Wity ,e--0-j 7r/e- i m`e-v cif de- 7-4-<zi vie_ r-d-tn _ r :0"-' otit-ee zrfrk_e_ Ail-ex-le-, ,24.-6.-0 a - 7r_Le_, a . J- -t-e- -e- - � , • 44 o-A�.a� mo d- 7-' G.c - ? ,rx y, °f o3.eu. -, A . MC Via - sue- D. PLANNING COMMISSION Includes action taken by Planning Commission and recommendation to the Board of County Commissioners . bf a .5 r . BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION /,- RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COmAISSIq s Cpl eigp Date November 16, 1982 Case No. USR # 495:82: 10 C-'��; witiat Co.Paving I, ]J APPLICATION OF Flatiron lVQ�'?3 /l 498.)ADDRESS P.O. Box 229, Boulder, Colorado 80306 Q g 421.4a. Moved by Norm Peterson 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 asphalt batch plant located on the following described property in Weld County, Colorado, to—wit: Part of Sections 20 and 29, Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado be recommended (favorably) yy9fgygq y) to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with application requirements of Section 24. 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 24.3. 1. 1 et seq. of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the Comprehensive Plan policies in that the use does not infringe on continued agricultural use in the vicinity or County. The proposal does not appear to have any adverse impacts on the agricultural interests of the County or the environment. - The proposal is consistent with the intent of the Agricultural Zone District; and is provided for as a Use by Special Review. Motion seconded by Bob Halleran Vote: For Passage Norm Peterson Against Passage Jerry Kiefer Bob Holleran Ed Reichert Bob Ehrlich Jack Holman Bill Diehl Fred Otis 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 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 November 16, 1982 and recorded in Book No.VIII of the proceedings of the said Planning Commission. Dated the 18th day of November , 1982 . Secretary \ USR-495:82:10 Flatiron Paving Co. Asphalt Batch Plant Part of Sections 20 and 29, T2N, R68W of 6th P.M. , Weld County, Colorado November 16, 1982 Page 2 It is the opinion of the Weld County Planning Commission that the attached Development 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. These determinations are based, in part, upon a review of the information sub- mitted 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's recommendation is conditional and based upon the following: 1. Prior to scheduling a public hearing before the Board of County Commissioners, the applicant shall submit a copy of a water agreement to the Division of Water Resources for their review and recommendation. 2. The attached Standards for Use by Special Review be adopted. 3. The plat for the use permit be placed of record by the Department of Planning Services staff prior to any building permits being issued on the site. Date: :, ,vember 3, 1982 • CASE NUMBER: USR-495:82:10 NAME: Flatiron Pavincr Co REQUEST:A Use By Special, Review Permit for an asphalt & concrete batch plant LEGAL DESCRIPTION:Part of Section 20 & 29, T2N, R68W of the 6th P.M. LOCATION: 3.5 Miles East of Erie on Weld County Road 161 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 application requirements of Section 24. 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 24.3. 1. 1 et seq. of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the Comprehensive Plan policies in that the use does not infringe on continued agricultural use in the vicinity or County. The proposal does not appear to have any adverse impacts on the agricultural interests of the County or the environment. - The proposal is consistent with the intent of the Agricultural Zone District; and is provided for as a Use by Special Review. - It is the opinion of the Department of Planning Services staff that the attached Development 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. ,;at, These determinations are based, in part, upon a review of the information sub- mitted 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's recommendation is conditional and based upon the following: 1. Prior to scheduling a public hearing before the Board of County Commissioners, the applicant shall submit a copy of a water agreement to the Division of Water Resources for their review and recommendation. 2. The attached Standards for Use by Special Review be adopted. 3. The plat for the use permit be placed of record by the Department of Planning Services staff prior to any building permits being issued on the site. • Tit on.. 01 m c .. DEVELOPMENT STANDARDS USR-495:82:10 FLATIRON PAVING CO. 1. The permitted uses on the hereon described Use By Special Review Permit Area shall be a concrete batch plant, asphalt batch plant, associated parking facility, office and maintenance facility as described in the application materials. 2. All phases of the batch plant operations shall comply with all County and State Health Standards and regulations pertaining to air quality, water quality, noise emission and sanitary disposal systems. 3. All structures on the property shall be in conformance with Weld County Flood Hazard Development Regulations. 4. The Use By Special Review Permit area shall be maintained in such a manner so as to prevent soil erosion, fugitive dust and growth of noxious weeds. The site shall be maintained in such a manner as to present a neat and well-kept appearance. 5. The liquid asphalt storage and heating tank shall be properly bermed to hold the capacity of said tank. 6. Portable fire extinguishers shall be installed in accordance with the National Fire Protection Association. The type of fire extinguishers shall be rated 20 ABC. 7. The owner/occupant shall provide the Longmont Rural Fire Protection District with a complete set of written plans of the proposed structure, including measurements, occupancy and contents. 8. The haul route shall be Weld County Road 3 to Highway 52. 9. The owner and/or operator shall adhere to maintenance of Weld County Road 3 as discussed and agreed to in a work session with the Board of County Commissioners on June 15, 1981. The agreement is referenced in a letter from the applicant dated November 19, 1981, and is on file as part of the application materials. 10. 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. 11. 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. RA:dg CASE SUMMARY SHEET Case Number: USR-495:82:10 Size of Parcel: 48 acres, more or less Request : A Use by Special Review Permit for an Asphalt and Concrete Batch Plant Staff Member to Contact: Rod Allison Possible Issues Summarized from Application Materials: The Division of Water Resources would like to review and approve the water agreement for operation of the plant. I contacted the applicant who will forward this information. A favorable review from Water Resources could be requested as a Development Standard (see letter dated September 21, 1982) . A Flood Hazard Development Permit shall be obtained prior to issuing any building permits. The Department of Planning Services has not received any phone calls or letters objecting to this proposal. The applicant has reviewed and agreed to the specific recommendation of the referral entities. All of the referral entity letters are included. • RA:rg • c FIELD CHECK - FILING NUMBER: USR-495:82:10 DATE OF INSPECTION: September 24, 1982 NAME: Flatiron Paving Company _- REQUEST: a Use by Special Review Permit for_anA5_phalt Batch Plant LEGAL DESCRIPTION: part of the NWT, Section 29, and the 31, all of Section 20, T2N, R68W LAND USE: N Corn crops E Boulder Creek S WP]d County Road 1615 W Corn crops —_ LOCATION: 3.5 miles east of Erie on Weld EApriculture County Road 165 S_Agriculture W__Agr icu l tur e COMMENTS: No improvements exist on the subject site. The property slopes to the east. Boulder Creek is the western boundary of the site. There are piles of sand and gravel on the site. Access to the site is from Weld County Road 161. Weld County Road 161 is a gravel road. BY: P/ (214,,,- Rod Allison, Ci'rrent Planner RA:rg " S.z'w +ca L. 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' �a + ',g-;.r�'r t ?z' `� r� �k � I. � y �� •Tr s,s ° � �y�t.�r� eS 3a. .F` � + ) � r d'C B.r lt' -z. i ,_ 'lf ...4-r-tC '... - f _ ,. �,-'�/ct ►fit 7 - i r, . f 1 • ft +;M'`s`./[ } (` .7r�! 4. h1/�'�'0c , 1. a •,, �d♦I�44, , -a♦A5 r• r• f S ��y ) .: n.... tom ♦+�. �,�' ! ' '�)S)1j 144:-/.yt S. �� r(�, l► ' � r..::-.47.r.„,„...; : " T •s.. ,. . < • yi/a `/, .1 . 'I'("` 7t,,,•.4,,':.t 4 1•b i // .-A .i .I.q�,i41:',.'ij)` It- t' i �`i\i4j ._ ..� •'u. . .. t ' 4i ` y) •./ t �--: n Y-y« ,• rs. + .../. 3°'1K.. 3(7' c ..' i•4l..Y . -t' :.^ . . 13 ' , . .)... ,d5-, . - 1t S IYS =r~ rti e 1 �R1, '. E. LEGAL NOTICES Includes notices mailed to surrounding property owners and mailing list. c MAILING LIST FLATIRON PAVING COMPANY USR-495:82:10 Virginia N. Shaw and Bureau of Land Management Martha A. Williams Northeast Resource Area c/o Virginia N. Shaw 10200 West 44th Avenue Route 4 Box 66 "A-1" Wheatridge, Colorado 80033 Longmont, Colorado 80501 Edwin Anderson, Trustee Ronald F. and Barbara Hankins Anderson Family Trust Route 2 Box 235 3528 Weld County Road 28 Longmont, Colorado 80501 Longmont, Colorado 80501 Herman and Betty Schalgel Mr. and Mrs. Dale Johnson 1262 Weld County Road 201/2 505 Weld County Road 161 Longmont, Colorado 80501 Longmont, Colorado 80501 Arthur Stromquist Michael S. Shaw Lucy Stromquist 1435 Weld County Road 161 Luther Stromquist Longmont, Colorado 80501 12185 Oxford Road Longmont, Colorado 80501 Regnier Farms, Inc. 0500 Weld County Road 20 Longmont, Colorado 80501 John N. Lamar Route 2 Box 318-A Longmont, Colorado 80501 E. Max and Doris A. Serafini Route 4 Box 44 Longmont, Colorado 80501 Howard V. Rasmussen 1754 Weld County Road 161 Longmont, Colorado 80501 Ned G. and Claudia J. Sprague Route 2 Box 325-A Longmont, Colorado 80501 William and Margaret Kobobel 7909 Weld County Road 5 Longmont, Colorado 80501 Lee E. Olsen 1738 Weld County Road 201 Longmont, Colorado 80501 Affidavit of Publication STATE OF COLORADO ss. County of Weld, Paula A. Barton of said County of Weld, being duly sworn, say that I am an advertising clerk 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) ): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of lifer w i Mid m no,cum: said notice, and in the newspaper proper and not in a Iten��ioan of cdady-corn- mmlgaas,of.Weld County. Cal- supplement thereof; that the first publication of said Wade, Weld/County Centennial Orrtir, 910 TOM Street, Greeley, notice was contained in the issue of said newspaper Cetereao,al Me time specified.A persona armyMane teies+W inn bearing date theUte by Spedal Review are —.—_ repinted'fe flack and maybe t,xStE ilITT rai,i4p3sO,KNOWN hay fne Eighth Weld County'Planning Commission day of December A.D. 19 82 • may be examined-in the office of Rie.Veit no Me board of County and the last publication thereof; in the issue of said ComminbWS.Mooted in the Weld County)CiMMniai Center,en 10th newspaper bearing date the SQNt,.Third-Floor, Greeley, Col- DOCK ET NO.:tl-b APPLICANT:PletlranPavmq Co. E lghth Bouuld ol Boulder, day of December A.D. 19.3_2_; DAT3M°:teeP M rls'tw3 TTE that said The Greeley Daily Tribune and The Greeley REQUEST:Use By Special Review ad dsaaatbatch punt. Republican, has been published continuously and LEGAL o DfRSeeting 90 ane n, uninterruptedly during the period of at least six Townahlp 2 Wean,Range a West a the ♦♦tn P.M., Weld County, months next prior to the first issue thereof contained DATED:December said notice or advertisement above referred to; that said BOARD OP COUNTY COMMISSIONERS newspaper has been admitted to the United States WELD COUNTY,COLORADO SY:MARY ANN FEUERSTEIN mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. December 8, 1982 Total charge: $13. 63 Advertising Clerk Subscribed and sworn to before me this Rt-h day December A.D. 1989 dMoiMy co ission pires ' "•`'"" -"1°"°l t �� Notary Public PL0798 CASE 820281 FLATIRON PAVING COMPANY-USR495 CONTAINS PICTURE SLIDES AS EXHIBITS. PLEASE SEE ORIGINAL FILE. Hello