HomeMy WebLinkAbout20000049.tiff r"s‘ Weld County Planning and Zoning DepartmentWeld County Planning Dept. June 24, 1999
1555 North 17th Avenue
Greeley,Colorado 80632 JUN 3 0 1999
Dear Planning&Zoning Department: RECEIVED
We are opposed to the development of the location known as Milliken Site Loveland Ready Mix
Concrete(case number USR-1237) as a gravel mine and concrete batch plant by Loveland Ready-Mix
Concrete, Inc. The site is across the road from six private homes on Weld County Road 4811 and is
not a compatible use of the land,for the following reasons:
1. Noise and dust from mining and processing equipment, as well as their trucks
2. Constant truck traffic will create hazards for humans, livestock, domestic animals and wildlife.
Paving the road will also attract cut-through traffic from the highway.
3. Sites such as these are a public nuisance and a safety hazard to children,who they naturally attract.
We anticipate children in the area in the near future.
4. General degradation of the quality of life for the neighborhood--Creates an eyesore
5. Negative effect on surrounding property values
6. Depletion of irrigation wells and recreational ponds--This area has an extremely sensitive water
table, so de-watering operations will dry up existing wells and recreational ponds. Reclamation
will increase existing water levels,promoting insect and mosquito populations
We have worked hard for what we have. It is not uncommon for me to hold two, and sometimes three
jobs at a time. All my life,I have desired a peaceable place to live, outside the city. By God's grace,
our family of four has gone from a tiny, one bedroom, home in Loveland to what we have today.
Now Loveland Ready Mix wants to start a mining operation a mere fifty feet away? If you approve
this,it will ruin what we have worked so hard for!
For these reasons,we ask you to deny this permit. A written response would be appreciated. Thank-
you for your time,
Respectfully,
0461( 2.
Michael and Dorothy Anthony
9886 W.C.R.48 '1
Milliken,CO 80543
2000-0049
t planning Dept.
Weld County Planning and Zoning Departmereld County June 27, 1999
555 North 17th Avenue
Greeley, Colorado 80632 JUN 3 0 1999
Dear Planning & Zoning Department: RECEIVED
I do not approve of developing the location known as Milliken Site Loveland
Ready Mix Concrete (case number USR-1237) as a gravel mine and concrete batch
plant by Loveland Ready-Mix Concrete, Inc. The location would be right
across Weld County Road 48% from my home, and five others, less than 100 feet
away. It would ruin the safe and peaceful residential neighborhood we live
in.
I have lived in this neighborhood since 1964 and in this house since 1975 .
It has always been a nice, quiet place to live This is very important for
me, because I work nights and need a quiet home during the day, so I can
sleep. I have noticed an increase in noise during the last five years, due
to the many people cutting through between Highway 257 and Weld County Road
17 on Weld County Road 48%. A gravel pit so close to my house will make a
lot of dust and noise and the truck traffic it will cause will make even
more. Paving the road will encourage even more people to cut through, past
our homes. All the noise and traffic will ruin our quiet neighborhood.
C.'s\, I am also worried that the extra traffic and especially the trucks will make
it dangerous for people to walk on our road. Weld County Road 48% is not very
wide. My nephew lives just up the road, and it will not be safe for
grandchildren, nieces and nephews to walk over to my house to visit me.
Children are also attracted to dangerous places like gravel pits. Just a
year or so ago, a little girl drowned in an irrigation ditch near Milliken.
Not only would the children be attracted to the dangers of a gravel pit, but
all the traffic would also be dangerous for them, just walking to it.
The water table changes a lot where we live. It goes up a lot when people
irrigate or there is flooding in the area. I am worried what a permanent
pond right across the road would do to the water table. I have already had
to fill in part of my basement because of this groundwater and I do not want
it to come any higher.
I believe all the reasons I have stated show why a gravel pit would damage
the value of my property and ruin the residential neighborhood across the
street, which has been here for a long time. Please deny the application.
Respectfully,
Jose Refugio Martin del Campo
9936 Weld County Road 48 %
Milliken, Colorado 80543 %?_
(Th eTh
Weld County Planning Dept.
Board of County Commissioners .JUL 1 5 1999 June 27, 1999
P.O. Box 758
Greeley, CO 80632 RECEIVED
Dear Commissioner:
We are opposed to the development of the location known as Milliken Site Loveland Ready Mix
Concrete as a gravel mine and concrete batch plant for several reasons. Such an operation
would interfere with our ability to enjoy the use of our home and would damage our property
and/or reduce the market value of our real estate. 9836 Weld County Road 48 '/2, a quiet, private
property of approximately 13.5 acres, where we have lived for nearly 13 years. The house is
modest, but the amount of land, quiet rural location, wildlife and privacy make the place a
desirable one to live in. Our pasture and pond support livestock, as well as migratory wildlife,
some of which are protected species.
Property Damage Concerns
Our neighborhood is a river bottom area prone to flooding by the Big Thompson River. The
ground is very porous. The proposed gravel operation is likely to cause the following problems: 1)
changing the water table 2) contaminating adjacent land when floodwater crosses Weld County
Road 48'/ 3) Our pasture will also be damaged by dust.
Ground Water Level
Over the past 13 years, we have seen the water table fluctuate dramatically in response to
seasonal irrigation of nearby farming land and the occasional flooding of the Dunn property
(proposed mine site)and our own.
Mining gravel from the site will first require pumping of ground water from the hole created. Once
the hole is large enough; however, it will become a settling pond and will be a permanent
impoundment of water. Both these actions will cause problems for adjacent properties, including
ours, as follows:
Pond Level
There is a pond in the middle of our pasture. The surface area of our pond predictably fluctuates
in surface area from approximately one acre in the winter months to two acres in the fall. The
depth varies by as much as ten feet. The pond level drops in the winter, then gradually increases
as ground water rises, due to irrigation water in the ditch that runs across the south end of our
property and comfield irrigation on our southeast boundary. A wide variety of birds, local and
migratory use the pond and there are fish in it.
Pumping away the ground water will probably cause our pond to go dry. This constitutes a
significant loss, since we use the pond for watering livestock and for recreation, in addition to
enjoying the wildlife that visit. Our neighbor to the west, Ed Knaub has several similar ponds,
which are likely to be harmed by ground water pumping also. He stocks his ponds with game fish.
/, His ponds are a major source of enjoyment to him, as he is retired.
n
Basement Moisture
r^' Our house has a full, unfinished basement. The effect of ground water fluctuation can be seen
there, as well. The sump pit in the basement is dry most of the year, but begins to fill with ground
water at the peak of irrigation time around July 30th each year. The frequency with which the
sump pump runs to empty the pit reaches a peak by mid-August, and the sump continues to fill
with ground water until shortly after the end of September. Whenever standing water has
occurred across the road on the Dunn land (proposed site), within a few days the sump begins to
fill and the pump is needed. We have never needed to pump when outside temperatures are
below freezing and have no way to do so at present.
Permanent impoundment of water across the road from us would undoubtedly result in a
perpetual water problem in our basement. We have learned to live with the brief nuisance and
expense of running a sump pump for two months a year (the cost of running a 'h horsepower
pump every five minutes and the risk of a flooded basement, if the power goes out). It would pose
a hardship for us if this becomes a permanent condition and it would make the basement less
useful.
Surface Water
Natural surface drainage normally occurs from a low area on our property, through a county
culvert, thence via a ditch along the north side of Weld County Road 48 '/z, thence onto the Dunn
property, towards the Big Thompson River. We are concerned that the proposed site planned will
interfere with this historical drainage pattern, resulting in excessive standing water on our property
In addition, whenever the Big Thompson River floods, water backs up this drainage path, under
f Road 48'/2 onto our property. When flooding is substantial, the water flows over the road near the
culvert as well as under it. Floodwater then fills the low area of our property; ultimately covering a
substantial portion of our pasture and eventually encircling our house, if flooding is severe
enough.
Pasture Damage
According the proposed site plan, waste water from washing concrete manufacturing equipment
and trucks will be impounded in the settling pond across from us (Cell/Lake # 1). We are
concerned that alkaline cement waste would wash onto our property and damage it by remaining
when the water subsides. We are also aware that air-bome dust settling on the pasture can make
the grass unpalatable and therefore unusable as livestock-forage.
Property Value Concerns
The mining, processing and transporting of gravel and concrete construction materials across the
road from us would not only damage our property as described above. It would have the effect of
dramatically changing our neighborhood from a quiet and pleasant residential/agricultural setting
to a commercial/industrial zone, which would be far less desirable to live in. It would greatly
reduce the quality of life we have enjoyed at this location for nearly 13 years and would make it
difficult to sell the property for anything near the current market value. Some of the immediately
obvious negative impacts are:
/^,. Noise& Dust
f Considerable noise and dust are generated by mining, crushing, dumping and loading gravel.
Heavy equipment and other motors and OSHA mandated safety beepers are obvious parts of
this, as is the truck traffic to and from the site. The prevailing wind where we live is from the north,
r."` (evidenced by a lack of odors from waste water and feedlot operations south of us). The
prevailing wind will aggravate the way noise and dust from the proposed mine will affect all
properties across Weld County Road 48 '/2 to the south. The dust will also damage our pasture,
as noted above.
Traffic
The applicant estimates the amount of traffic initially generated by the proposed operation at 50
round trips per day. The amount of traffic could easily increase, but if this number is averaged
over a typical ten hour work day, ft means a site related vehicle will pass every six minutes (50 x
2) / 10 = 10 per hour. A large portion of these vehicles will be large cement trucks and truck
tractor-trailer rigs. Obviously, the life expectancy of our cats and any pedestrians who ignore the
risks will be reduced significantly. The paving of the road will predictably attract additional "cut-
through"vehicle traffic off Highway 257, some of which will turn around and hurriedly go back past
our residence again, upon findingpavement ends beyond the concrete plant.
Truck Vibration
Weld County Road 48 ''A is not a full width county road. There is no right of way on our side to
buffer us from traffic. The occasional large truck presently rattles our house as it passes. A large
increase in heavy truck traffic will regularly rattle us, as well as make noise and probably, dust and
exhaust fumes.
Conclusion
C" Clearly, a gravel mine and concrete batch plant will either decrease the value of our property
directly by damaging it or indirectly; by making it a far less desirable place to live or purchase. We
urge the persons responsible for reviewing the application to consider these impacts and either
require Loveland Ready-Mix Concrete, Inc. to satisfactorily remedy them or deny the application.
Possible solutions might include:
1. Temporary pumping of water into our pond to maintain surface level
2. Lining settling pond #1 or installing a drainage system between it and our house.
3. Building water control structures, such as raising Weld County Road 48'/ to create a flood
barrier and gating the drainage channel from our property into pond #1
4. Construction of an alternative access road to the site off Highway 257 or noise/dust barriers
along the south side of Weld County Road 48'/2
Respectfully,
David and Kathryn Terrell
9836 W.C.R. 48 '/2
Milliken, CO 80543
(970) 587-2477
esiNi
r
Elizabeth Stickler Weld County Planning Dept.
9844 WCR 48 'h
Milliken, Co 80543 JUL 12 1999
July8, 1999 RECEIVED
CERTIFIED MAIL Z 193 636 404
RETURN RECEIPT REQUESTED
Weld County Pko = and Zoning Department
1555 North 17th.Street
Greeley, CO 80632
RE: Milliken Site for Gravel Mining Operation
Dear Sir or Madam:
This will serve to express my serious concerns regarding the gravel mining operation and concrete
batch plant development which is being pursued by Loveland Ready Mix. Such an operation would
only be a detriment to those who live in this beautiful, peaceful area.
My initial concern is in relation to my property value. After investing in my home and having it moved
(.., from its original location just so that I could have the gorgeous view I have now, it is of great
disillusionment to realize that it could be taken away and be replaced with an unsightly gravel
operation. Having such an unpleasant sight across the street will certainly decrease the value of my
home which would make it extremely difficult, if not impossible, to obtain the current market value.
Moreover, the dust, noise, and traffic associated with such a construction also has its horrendous
effects. The noise alone would more than likely begin in the peak hours of the morning making it
impossible to obtain a decent and peaceful night rest, especially for those who go to work later in the
day. The dust will make it even'harder to'breath for those with asthma or allergies like myself. And,
the increased traffic will make it tremendously dangerous for children and pets in the area.
While the road may be oiled or paved should the operation take place, it does not take away the
pollution that will be expelled nor the vibrations the homes will endure from every truck passing by
every few minutes. Such pollution will affect our drinking water to our gardens and wildlife. The
vibrations, in the least, will be a horrible nuisance.
Furthermore, I have a well on my property which I intend to use for watering my garden and lawn.
It is my understanding that having the plant across the street would deplete the water supply from my
well. This is also of great concern as my water expense will substantially increase.
r
i
•
•
Weld County Planning and Zoning Department
!' RE: Ividlileen Site for Gravel Mining Operation
July 8, 1999 •
Page 2
In short, I do not believe it is in the best interest of the County nor its homeowners to allow such a
development.Having such an awfel construction will only decrease.the value of the homes in the area
thereby creating undue,hard'ship for the homeowners. It wiltbe an unsightly disaster, as well as an
immense encumbrance to those who live in the area. Therefore, I strongly request that you please
deny the application for this development. Thank you.
Sincerely,
•
• SS,
Elizabeth Stickler
(970) 381-8349
cc: Tuttle Applegate,Inc. •
11990 Grant Street,Suite 304
Denver,CO 80233
Colorado Mined Land Reclamation Board
Division of Minerals and Geology
1313 Sherman Street,Room 215
Denver,CO 80203
em en
Weld County Planning Dept.
Alex Fischer and Anne Shaffer
JUL 16 1999 9916 WCR 48 1/2
Milliken, Colorado 80543
RECEIVED
Via: CERTIFIED MAIL, RETURN RECEIPT REQUESTED
July 11, 1999
Weld County Planning and Zoning Department
1555 North 17th Avenue
Greeley, CO 80623
To Whom It May Concern,
We are against Loveland Ready Mix Concrete's proposal to develop a gravel mine and
cement plant on the land adjacent to Weld County Road 48 1/2. We are concerned that
our health, safety, property values and quality of life will be compromised if the
development occurs.
After review of the "Special Review Mining Application" submitted to Weld County
res' Department Planning Services by Tuttle Applegate, Inc., on behalf of Loveland Ready-
Mix Concrete, Inc., there are several concerns and issues which need to be addressed and
resolved. These include the following:
• Ground Water. There is no scientific sound documentation on the impact to the local
groundwater table in the May 24, 1999, application submitted to the Weld County
Planning Department. The State of Colorado "Construction Material Rules and
Regulations," of the Colorado Mined Land Reclamation dated January 1996, clearly
addresses and outlines hydrology and water quality issues. These issues have not
been addressed in the May 24,1999, application submitted to the Weld County
Planning Department.
There are non-registered groundwater wells located within 500-feet of the proposed
gravel mine. Additionally, there are several ponds located within 500-feet of the
proposed gravel mine.
There is inadequate information regarding the de-watering effects on adjacent
properties. An estimated pumping rate for de-watering and subsequent pumping rate
to maintain an appropriate drawdown for mining activities has not been demonstrated.
An estimated radius of influence (cone of depression) resulting from maintaining a
continuous drawdown has not been presented. The estimated transmissivity and
rstorage capacity of the alluvial aquifer has not been adequately presented. These
I
July 11. 1999
ra'1 Page 2
items have an impact on the properties located within the near proximity and adjacent
to the proposed gravel mining operations.
Several questions arise and include:
How are the gravel mining operations going to affect the local depletion of the
groundwater resources of the adjacent properties?
How will the final reclamation of the mining operations affect the local
groundwater conditions of the adjacent properties?
There is inadequate information and documentation regarding the effects "lakes"
or "ponds" (final reclamation) and how they will affect the local groundwater
table. Will there be an artificial increase of the local groundwater table as a result
of the "lakes" or "ponds?," thus creating a mounding effect. This may lead to
seepage and/or flooding in subsurface structures such as basements, cellars, and
crawl spaces.
How will de-watering for the mining operations affect the private wells used for
lawn irrigation? Shallow wells are currently being utilized for addressing water
supply issues.
How will de-watering for the mining operations affect the structural integrity of
nearby homes? There is concern of subsidence resulting from de-watering the
local groundwater table and how it may affect the structural integrity of our home.
• Property Value Concern. The mining concrete operations on the north side of WCR
48 1/2 will decrease the property values of our home and property. It would change
our neighborhood from a quite residential/agricultural setting to a
commercial/industrialized zone, which would be far less desirable to live in, or for
resale.
• Traffic. Weld County Road 48 1/2 cannot support the volume of traffic that will
result if the gravel mine/cement plant is built. Nor is WCR 48 1/2 wide enough to
allow for two-lane access when both oversized commercial cement trucks and
neighborhood traffic are on the road. There is no right-of way on the south side of
WCR 48 1/2. The driveable width of WCR 48 1/2 is approximately 20 feet. The
width of a commercial cement truck is at least 9 feet; the width of an average non-
commercial sedan is approximately 6 feet. Clearly this does not allow for two way
traffic.
July 11. 1999
fr4\ Page 3
• Safety. The safety of our neighborhood is at stake. Through traffic from over-sized
vehicles, without posted speed limits is an accident waiting to happen. The sudden
stops and the wide turns required for access into and out of the plant pose threats to
pedestrians and neighborhood traffic. The children who ride their bikes on road will
be endangered by the constant truck traffic. These children, and others from
neighboring communities, will naturally be curious and attracted to the open pits on
the property. There is an extreme potential for serious accidents to happen. You can
prevent these accidents by disallowing the mining operations.
• Noise and Air Quality. The proposed hours of operation (6:30 a.m. to 7:30 p.m.) and
accompanying noise from the large trucks, back-up beeps and plant operations should
not be tolerated by any homeowner. Imagine the frustration we will feel when we
realize that the once quiet, early morning hours are now violated with axle noise,
continual dust, and discord from mining operation equipment. What was once a
beautiful panorama of open meadow, now becomes an unsightly wasteland.
Additionally, the prevailing wind is from the north. The prevailing wind will carry
noise and dust created during the process of gravel mining and affect properties
located immediately down wind, south of WCR 48 1/2.
We feel that the proposed mining application by Loveland Ready-Mix Concrete, Inc.,
should be denied for the above stated reasons. Additionally, as previously stated, we do
not feel that there has been adequate studies or investigations presented regarding the
affects of localized de-watering as part of the mining operation.
Please contacts us at 970.587.2191 regarding the above stated concerns.
Sincerely
Alex Fisc lean Anne Shaffer
Ia: F: _r FF:r:_;i_« FCSc:02
•
RE.e1:R TO'
S FATE OF COLORADO
POIOwen.Governor ���
DfIJeani LA
NT OF NATAL RESOURCES C -.9p. C�
( DIVISION OF WILDLIFE ?, a'
aft aewwt elrll)ativ`nv t.rtnrot Of
Aeon Mew.rhrcna FORT COLONS ARIA OFFICE V'%
who are nlvey 31t Won►nnpect for Wildlife-
Aea'e.Cehesde 5021 a fort CollinsCstsndo a0s26 for People
TakP�ue 003).197.119: Atop► 'iV)rte( 4t24
FAX O03)394-0174 FAX (910)Man
July 14. 1999
Carl Mount
Division of Minerals & Geology
1313 Sherman Street Room 215
Denver, CO 80203
Re: Loveland Ready Mix Concrete,Inc.,Miliken Site,File No.M-99.065
Dear Mr. Mount:
The following constitute the comments of the Colorado Division of Wildlife. Mike Sherman(Field
Habitat Biologist) and Courtney Crawford (District Wildlife Manage)have reviewed this Reclamation
Permit Application Consideration and made a field visit to the proposed mine site on July 13, 1999. We
r"'1 believe that the proposed mining project has significant potential to negatively impact wildlife or wildlife
habitat. Additionally, we observed two wetland areas(standing water.andassociated,aquatic vegetation)
at the site and recommend a wetland delineation take place and a Section 404 Permit applied for if
needed prior to the commencement of any missing activities. The fast wetland area is approximately 50'
x 100' and bated in the northwestern portion of Cell 2•north of the barbed wire fence that runs
teast/weat. The second wetland area is approximately 300'4-x 75' and located along the northeastern
length of Cell 5,along the northern edge of the old railroad bed.
We observed two juvenile Woodhouse's Toads (Bulb woodhousii)approximately 50 feet north of the
above-mentioned first wetland area. Note that the mining site is within the designated Overall Range
of the Northern Leopard Frog(Rano pipiens) and White Pelican(Pticconus tryrhrorhynchas), both
species are listed ar State Special Concern(not a statutory category). Potential exists for the presence of
both Preble's Meadow Jumping Mouse (Zapus husonius preble) and Ute Ladies'Tresses (Spiranthes
dehMafis), both listed as Federally Threatened. We recommend surveys take place for both species
prior to the commencement of all mining operations.
Throughout the southern half of the site and especially along both sides of the river we observed areas
containing numerous well-established/older cottonwood trees and associated downfall. Although the
Pre-Mining And Mining Plan and Reclamation Plan maps show these areas as being excluded from
mining and resulting lakes. we highly recommend that most of these trees and the downfall be
allowed to remain standing and intact on the site after the proposed project's completion. These trees
provide valuable wildlife habitat on the site including perches for roosting raptors and cover for deer,
rabbits, fox, coyote, skunks, raccoon, and reptiles. Although there is no evidence of raptors nesting
f^ directly on the proposed mining she (no nests currently observed), numerous raptor species may
DtPARTMfNT OF NATURAL RESOURCES.Greg Walther,Eumtivc Deeetor
WILDLIFE COMM ISSiON, Chula Levu,Chairman•Mark Levullry. Via Churn's:,• Bernard Black.Scrim
etim
Members Menus'RaPOFoulus.tie Ensvnm,Arnold Samar,nut Bunn,Robert Shoematy
potentially nest in the cottonwood tries found on the property. Note that the mining site is within a
designated Winter Range of Bald Eagle (Hulicnna kiacocephalus), listed as Federally Threatened.
r We observed an active black-tailed prairie dog(Cynomys ludovicianus)town in the center of Cell 3. We
recommend that the prairie dogs be either moved alive to another location or humanely killed before arty
earl-moving occurs. Since western burrowing owls (Arhent cl nicvlan-a) use prairie dog towns and live
in prairie dog holes,the following should be observed:
- If construction is to occur between March 1 and October 31,the area should be checked for the
presence of burrowing owls prior to arty earth-moving taking place. The owls are susceptible to
being buried and killed in their boles by construction activity. They are protected by law and
killing one is illegal.
- if construction is done between November 1 and February 28, it is very unlikely that owls
would be present since they migrate out of the state during the winter.
We are seriously concerned about disturbance to native fish species (e.g.Iowa darter, common shiner,
brassy minnow),by the two proposed methods to transport material mined on the north side of the Big
Thompson river to the processing plant. Both methods include a low water crossing by trucks on the
river and the applicant has implied that such truck crossings would regularly take place from July through
April. This will inevitably lead to increased sedimentation in the river and thus disturbance to native fish
species, particularly in late fall/early winter during the fish spawning season We recommend an
alternative method to transport material over/under the active railroad grade and then by truck along
Hwy. 257 to the processing plant.
/q We could did not find in the application any specific setback distance between the Big Thompson River
f and those proposed mining ecUs adjacent to the river. We recommend such a 'buffer zone' be explicitly
stated(e.g. 300 feet to each side from the center of the river) which includes all riparian areas and
existing cottonwoods. We also ry uontrnend that aoy other species of woody vegetation(trees&shrubs)
that are lost as a ntuf of this project be replaced by native plantings on a one for one basis.
We recommend that the final lakes be constructed such as to maximize shoreline by using an irregular
shape which includes jetty-type structures protruding into the pond where possible as well as one ur
more islands. In addition to a grading of 3h:1 v on the pond walls, we suggest also constructing
shallower areas (5h:1 v up to l0h:l v) which will encourage growth of aquatic vegetation and also
• invertebrate prey for waterfowl. Consider adding underwater topography/structure(e.g. dead
bgs/trees, cement rip-rap)to the ponds which will encourage growth of aquatic vegetation and
increase the presence of invertebrates.
We wish to note that there is art acute presence of noxinus weeds on this site, especially Canada thistle
and field bindweed.
As always, it is suggested that care be taken during mining to avoid excess erosion,siltation or
disturbance of more land than necessary to accomplish the project. The Division of Wildlife appreciates
this opportunity to comment on this mining project. If you have any questions, please contact me at
(970)472-4435. Thank you.
(Th DEPAREME`l'OF NATURAL RESOURCES.Ong Walther,Eamrrve recto,
WILDLIFE COMMISSION,Crud Lay.u,Chairman•Mark IA Valle), V,rt Cha*nun• Bernard Bla.t.Swear
Me eta rs Marianna R+flopoul"t.R,d Enamor',Arnold Salazar.Phi)Jame,Rabe,lbeerak=
vo 1,:4e rROfl:C[r,;.; 722-45E-574E
FcrE:04
Sincerely,
441
�� �
NE Regional Manager
by Mike Sherman,Field Habitat Biologist
Cc: Rick Moss,NE Senior Habitat Biologist
Dave Clarkson, Arca Wildlife Manager
Courtney Crawford.District Wildlife Manager
rei
` DEPARTMENT OF NATURAL RESOURCES.Greg Wrlcher,Eese+rive Director
V.=LIFE COMMISSION.Chuck Lt.u.Chairman• Mark LeV„Ilex. Vice Chairman•'Scnwd BI,�5tet.
MemGen.ma'am,Ra11q•wtes.Rut Entr um.Arnold Sklar,MI lama.Row Sne ner
WELD COUNTY
August 2"d, 1999
4999 M1S -9 MI 9: 30
Weld County Commissioner
PO Box 758 ACEE !D
Greeley, CO 80632
(970) 356-4000 �r.'ci� Counriy Planning Dept.
RECEIVED
AUG 10 1999
Dear Weld County Commissioner,
SUBJECT: PROPOSED CONCRETE PLANT IN MILLIKEN, CO
I am a homeowner in the Mad Russian Estates subdivision in Milliken. I have the following
concerns regarding the proposed location of the Loveland Ready Mix concrete plant to the
south of our subdivision.
My primary concern is the increased traffic of commercial vehicles on CR257, CR60, &
CR402. Traffic is already a problem at the intersections of these three county roads, and
numerous accidents & fatalities have already occurred in the past few years. Adding more
commercial vehicles to this level of traffic has potentially dangerous consequences for
families travelling on these roads.
tor\ Secondly, I strongly believe that such a facility will diminish our property values in the Mad.
Russian Estates subdivision.
Thirdly, the increased noise generated by these concrete/gravel plants is not something I
look forward to waking up to in the mornings. I already have to put up with the feed lot
smell, but the dust and noise generated by these plants is not something I believe I should
have to put up with in our residential area. I built my home here for the peace & quiet.
I am asking you to not approve this type of facility to be built near our community.
Sincerely,
(e2 C
/ o 3c
g7o C 7 ---05-5°.7---
erss
>;-MKi0004
WELD COUNTY
CO�ryP,Rjcct,n, 1r ,
August 2n°, 1999
te
Th 1999 AUG -9 MI 9: 30
Weld County Commissioner,W&d County Planning D2
PO Box 758 p lECCI`
V[
.L1
Greeley, CO 80632
(970) 356-4000 .AUG 1 () 1999
D Graff ! ris
Dear Weld County Commissioner,
SUBJECT: PROPOSED CONCRETE PLANT IN MILLIKEN, CO
I am a homeowner in the Mad Russian Estates subdivision in Milliken. I have the following
concerns regarding the proposed location of the Loveland Ready Mix concrete plant to the
south of our subdivision.
My primary concern is the increased traffic of commercial vehicles on CR257, CR60, &
CR402. Traffic is already a problem at the intersections of these threecounty roads, and
numerous accidents & fatalities have already occurred in the past few years. Adding more
commercial vehiclesto this level of traffic has potentially dangerous consequences for
families travelling on these roads.
Secondly, I strongly believe that such a facility will diminish our property values in the Mad
Russian Estates subdivision.
Thirdly, the increased noise generated by these concrete/gravel plants is not something I
look forward to waking up to in the mornings. I already have to put up with the feed lot
smell, but the dust and noise generated by these plants is not something I believe I should
have to put up with in our residential area. I built my home here for the peace & quiet.
I am asking you to not approve this type of facility to be built near our community.
S erely,
(22
go-st4
r
1 I I
WELD COUNTY
August 2" , 1999 COMMISSIO``1_RS
E999 AUG B C AM 8: 36
Weld County Commissioner
PO Box 758 Weld County pl R IVrannin = �'�D
Greeley, CO 80632 g Dept.
(970) 356-4000 AUG 1 1
1999
RECEIVED
Dear Weld County Commissioner,
SUBJECT: PROPOSED CONCRETE PLANT IN MILLIKEN, CO
I am a homeowner in the Mad Russian Estates subdivision in Milliken. I have the following
concerns regarding the proposed location of the Loveland Ready Mix concrete plant to the
south of our subdivision.
My primary concern is the increased traffic of commercial vehicles on CR257, CR60, &
CR402. Traffic is already a problem at the intersections of these three county roads, and
numerous accidents & fatalities have already occurred in the past few years. Adding more
commercial vehicles to this level of traffic has potentially dangerous consequences for
families travelling on these roads.
Secondly, I strongly believe that such a facility will diminish our property values in the Mad
Russian Estates subdivision.
Thirdly, the increased noise generated by these concrete/gravel plants is not something I
look forward to waking up to in the mornings. I already have to put up with the feed lot
smell, but the dust and noise generated by these plants is not something I believe I should
have to put up with in our residential area. I built my home here for the peace & quiet.
I am asking you to not approve this type of facility to be built near our community.
Sincerely,
r
[ .
WELD COUNTY
COF AI?;S tn?:l�:,nti
August 2"', 1999
rks\ 1999 AUG I0 AM 8: 37
Weld County Commissioner
PO Box 758 REOLIVE❑
Greeley, CO 80632 Weld County Planning Dept.
(970) 356-4000
AUG 11 1999
RECEIVED
Dear Weld County Commissioner,
SUBJECT: PROPOSED CONCRETE PLANT IN MILLIKEN, CO
I am a homeowner in the Mad Russian Estates subdivision in Milliken. I have the following
concerns regarding the proposed location of the Loveland Ready Mix concrete plant to the
south of our subdivision.
My primary concern is the increased traffic of commercial vehicles on CR257, CR60, &
CR402. Traffic its already a problem at the intersections of these three county roads, and
numerous accidents & fatalities have already occurred in the past few years. Adding more
commercial vehicles to this level of traffic has potentially dangerous consequences for
families travelling on these roads.
Secondly, I strongly believe that such a facility will diminish our property values in the Mad
Russian Estates subdivision. -
Thirdly, the increased noise generated by these concrete/gravel plants is not something I
look forward to waking up to in the mornings. I already have to put up with the feed lot
smell, but the dust and noise generated by these plants is not something I believe I should
have to put up with in our residential area. I built my home here for the peace & quiet.
I am asking you to not approve this type of facility to be built near our community.
Sincerely, SSA,exta �/I'
=.''7-Y9C.:5-
� '�
r �
Gv� Cam
WELD COUNTY
August 2nd, 1999 COMMIFR.IO^, E;l
1299 AUG —6 AM 9: 27
Weld County Commissioner
PO Box 758 RECEIVED
Greeley, CO 80632
(970) 356-4000
Dear Weld County Commissioner,
SUBJECT: PROPOSED CONCRETE PLANT IN MILLIKEN, CO
I am a homeowner in the Mad Russian Estates subdivision in Milliken. I have the following
concerns regarding the proposed location of the Loveland Ready Mix concrete plant to the
south of our subdivision.
My primary concern is the increased traffic of commercial vehicles on CR257, CR60, &
CR402. Traffic is already a problem at the intersections of these three county roads, and
numerous accidents & fatalities have already occurred in the past few years. Adding more
commercial vehicles to this level of traffic has potentially dangerous consequences for
families travelling on these roads.
tole Secondly, I strongly believe that such a facility will diminish our property values in the Mad
Russian Estates subdivision.
Thirdly, the increased noise generated by these concrete/gravel plants is not something I
look forward to waking up to in the mornings. I already have to put up with the feed lot
smell, but the dust and noise generated by these plants is not something I believe I should
have to put up with in our residential area. I built my home here for the peace & quiet.
I am asking you to not approve this type of facility to be built near our community.
Sincerely, yn;�; k t oun] Planning Dep₹.
'''3• ----C\ AUG 09 1999
RECEIVED
east
105- 744, . .D2CCGDC4 1. '.
WELD COUNTY
^ August 2"d, 1999 C{�P�j'.A}^S'ONEF1
1999 A1.1G -6 A11 9: 26
Weld County Commissioner
PO Box 758 RECRI' "ED
Greeley, CO 80632
(970) 356-4000
Dear Weld County Commissioner,
SUBJECT: PROPOSED CONCRETE PLANT IN MILLIKEN, CO
I am a homeowner in the Mad Russian Estates subdivision in Milliken. I have the following
concerns regarding the proposed location of the Loveland Ready Mix concrete plant to the
south of our subdivision.
My primary concern is the increased traffic of commercial vehicles on CR257, CR60, &
CR402. Traffic is already a problem at the intersections of these three county roads, and
numerous accidents & fatalities have already occurred in the past few years. Adding more
commercial vehicles to this level of traffic has potentially dangerous consequences for
families travelling on these roads.
Secondly, I strongly believe that such a facility will diminish our property values in the Mad
Russian Estates subdivision.
Thirdly, the increased noise generated by these concrete/gravel plants is not something I
look forward to waking up to in the mornings. T ' ' r :.L .4 . '-t
Will , but the dust and noise generated by these plants is not something I believe I should
have to put up with in our residential area. I built my home here for the peace & quiet.
I am asking you to not approve this type of facility to be built near our community.
Sincerely, 9L IL(/
yr'c _s County Planning Dept.
AUG Oq 1999
RECEIVED
A )73 eou
° FaCC/3
l
August 2n° 1999
Cc _ 'iannin -
Weld County Commissioner
PO Box 758
Greeley, CO 80632 AUG 9 1999
(970) 356-4000 RECEIVED
Dear Weld County Commissioner,
SUBJECT: PROPOSED CONCRETE PLANT IN MILLIKEN, CO
I am a homeowner in the Mad Russian Estates subdivision in Milliken. I have the following
concerns regarding the proposed location of the Loveland Ready Mix concrete plant to the
south of our subdivision.
My primary concern is the increased traffic of commercial vehicles on CR257, CR60, &
CR402. Traffic is already a problem at the intersections of these three county roads, and
numerous accidents & fatalities have already occurred in the past few years. Adding more
commercial vehicles to this level of traffic has potentially dangerous consequences for
families travelling on these roads.
Secondly, I strongly believe that such a facility will diminish our property values in the Mad
Russian Estates subdivision.
Thirdly, the increased noise generated by these concrete/gravel plants is not something I
look forward to waking up to in the mornings. 1 already have to put up with the feed lot
smell, but the dust and noise generated by these plants is not something I believe I should
have to put up with in our residential area. I built my home here for the peace & quiet.
I am asking you to not approve this type of facility to be built near our community.
Sincerely,
frii
a
frg
j, c� ,awn o�v\ 'A;1 � '��±;)
' a t7r
�
r i i
August 2n°, 1999 CC - ?iannir
Weld County Commissioner AUG 19 1999
PO Box 758
Greeley, CO 80632 RECEIVED
(970) 356-4000
Dear Weld County Commissioner,
SUBJECT: PROPOSED CONCRETE PLANT IN MILLIKEN, CO
I am a homeowner in the Mad Russian Estates subdivision in Milliken. I have the following
concerns regarding the proposed location of the Loveland Ready Mix concrete plant to the
south of our subdivision.
My primary concern is the increased traffic of commercial vehicles on CR257, CR60, &
CR402. Traffic is already a problem at the intersections of these three county roads, and
numerous accidents & fatalities have already occurred in the past few years. Adding more
commercial vehicles to this level of traffic has potentially dangerous consequences for
families travelling on these roads.
Secondly, I strongly believe that such a facility will diminish our property values in the Mad
Russian Estates subdivision.
Thirdly, the increased noise generated by these concrete/gravel plants is not something I
look forward to waking up to in the mornings. I already have to put up with the feed lot
smell, but the dust and noise generated by these plants is not something I believe I should
have to put up with in our residential area. I built my home here for the peace & quiet.
I am asking you to not approve this type of facility to be built near our community.
Sinc rely,
��fiV� �W1�„/�� �'�� ✓,' Fky -
r
o
ea
ray-
yM
Iryfl c
August 2n°, 1999 0) C7
Fri cR
e"o) ;it Planning Deli., --
Weld County Commissioner 111 ti
PO Box 758 4 �) CO
Greeley, CO 80632 pile 1 1999
(970) 356-4000
RECEIVED
Dear Weld County Commissioner,
SUBJECT: PROPOSED CONCRETE PLANT IN MILLIKEN, CO
I am a homeowner in the Mad Russian Estates subdivision in Milliken. I have the following
concerns regarding the proposed location of the Loveland Ready Mix concrete plant to the
south of our subdivision.
My primary concern is the increased traffic of commercial vehicles on CR257, CR60, &
CR402. Traffic is already a problem at the intersections of these three county roads, and
numerous accidents & fatalities have already occurred in the past few years. Adding more
commercial vehicles to this level of traffic has potentially dangerous consequences for
families travelling on these roads.
eeN‘ Secondly, I strongly believe that such a facility will diminish our property values in the Mad
Russian Estates subdivision.
Thirdly, the increased noise generated by these concrete/gravel plants is not something I
look forward to waking up to in the mornings. I already have to put up with the feed lot
smell, but the dust and noise generated by these plants is not something I believe I should
have to put up with in our residential area. I built my home here for the peace& quiet.
I am asking you to not approve this type of facility to be built near our community:
Sincerely,
yes em rlatisner
103 ('ire ;C Or
i-{Aette - Co ccs(43
reN'
ppNODO4'
i is O
August 2"d, 1999
r Co: °tannin[
Weld. County Commissioner
PO Box 758 AUG 19 1999
Greeley, CO 80632
(970) 356-4000 RECEIVED
Dear Weld County Commissioner,
SUBJECT: PROPOSED CONCRETE PLANT IN MILLIKEN, CO
I am a homeowner in the Mad Russian Estates subdivision in Milliken. I have the following
concerns regarding the proposed location of the Loveland Ready Mix concrete plant to the
south of our subdivision.
My primary concern is the increased traffic of commercial vehicles on CR257, CR60, &
CR402. Traffic is already a problem at the intersections of these three county roads, and
numerous accidents & fatalities have already occurred in the past few years. Adding more
commercial vehicles to this level of traffic has potentially dangerous consequences for
families travelling on these roads.
rTh Secondly, I strongly believe that such a facility will diminish our property values in the Mad
Russian Estates subdivision.
Thirdly, the increased noise generated by these concrete/gravel plants is not something I
look forward to waking up to in the mornings. I already have to put up with the feed lot
smell, but the dust and noise generated by these plants is not something I believe I should
have to put up with in our residential area. I built my home here for the peace & quiet.
I am asking you to not approve this type of facility to be built near our community.
Sincerely, r --
d1-1
hrdn"p' ' isIk &Haub^
gamily Glib y
i •Fltken80543 r
r
r-
a 1 .
ek
Au,ust 2"a, 1999 �� : ?'ironing Dezai.
Weld County Commissioner AUG 19 1999
PO Box 758
Greeley, CO 80632 RECEIVE®
(970) 356-4000 �r
Dear Weld County Commissioner,
SUBJECT: PROPOSED CONCRETE PLANT IN MILLIKEN, CO
I am a homeowner in the Mad Russian Estas subdivision in Milliken. I have the following
concerns regarding the proposed location of the Loveland Ready Mix concrete plant to the
south of our subdivision.
My primary concern is the increased traffic of commercial vehicles on CR257, CR60, &
CR402. Traffic is already a problem at the intersections of these three county roads, and
numerous accidents & fatalities have already occurred in the past few years. Adding more
commercial vehicles to this level of traffic has potentially dangerous consequences for
families travelling on these roads.
Secondly, I strongly believe that such a facility will diminish our property values in the Mad
Russian Estates subdivision.
Thirdly, the increased noise generated by these concrete/gravel plants is not something I
look forward to waking up to in the mornings. I already have to put up with the feed lot
smell, but the dust and noise generated by these plants is not something I believe I should
have to put up with in our residential area. I built my home here for the peace & quiet.
I am asking you to not approve this type of facility to be built near our community.
Sin/c,erelp,
A " DAN S JOHNSON
aye 0--0\n sm a „tors A k AVE.
bREEvEY, e0 806134
r
WELD COUNTY
August 2n°, 1999
1999 AUG 23 AM 8: 33
Weld. County Commissioner RC rCRy
PO Box 758
LD
Greeley, CO 80632
(970) 356-4000
Dear Weld County Commissioner,
SUBJECT: PROPOSED CONCRETE PLANT IN MIL LIKEN, CO
I am a homeowner in the Mad Russian Estates subdivision in Milliken. I have the following
concerns regarding the proposed location of the Loveland Ready Mix concrete plant to the
south of our subdivision.
My primary concern is the increased traffic of commercial vehicles on CR257, CR60, &
CR402. Traffic is already a problem at the intersections of these three county roads, and
numerous accidents & fatalities have already occurred in the past few years. Adding more
commercial vehicles to this level of traffic has potentially dangerous consequences for
families travelling on these roads.
re"1 Secondly, I strongly believe that such a facility will diminish our property values in the Mad
Russian Estates subdivision.
Thirdly, the increased noise generated by these concrete/gravel plants is not something I
look forward to waking up to in the mornings. I already have to put up with the feed lot
smell, but the dust and noise generated by these plants is not something I believe I should
have to put up with in our residential area. I built my home here for the peace & quiet.
I am asking you to not approve this type of facility to be built near our community.
Sincerely,
. _ _ Planning Dept.
AUG 24 1999
David and Emma Seaman
Milliken ACo rnie 80543-9623 RECEIVED
zy yX F Dam]:
7 ra
WELD CCUN T Y
August 2nd, 1999
1999 AUG 31 AM 8: 45
Weld County Commissioner
Po Box 758 REC IV`D
Greeley, CO 80632
(970) 356-4000
Dear Weld County Commissioner,
SUBJECT: PROPOSED CONCRETE PLANT IN MILLIKEN, CO
I am a homeowner in the Mad. Russian Estates subdivision in Milliken. I have the following
concerns regarding the proposed location of the Loveland Ready Mix concrete plant to the
south of our subdivision.
My primary concern is the increased traffic of commercial vehicles on CR257, CR60, &
CR402. Traffic is already a problem at the intersections of these three county roads, and
numerous accidents & fatalities have already occurred in the past few years. Adding more
commercial vehicles to this level of traffic has potentially dangerous consequences for
families travelling on these roads.
rTh Secondly, I strongly believe that such a facility will diminish our property values in the Mad
Russian Estates subdivision.
Thirdly, the increased noise generated by these concrete/gravel plants is not something I
look forward to waking up to in the mornings. I already have to put up with the feed lot
smell, but the dust and noise generated by these plants is not something I believe I should
have to put up with in our residential area. I built my home here for the peace & quiet.
I am asking you to not approve this type%,-)f f icdity to be built near our community.
Sinc ly,
��Pl
v)old County Planning Dept.
SEP 2 1999
RECEIVED
r
f , ,, goo4
WELD COUNTY
t,0NI�:
AinSi4yi!niERS
1999 AUG -6 AM 9: 27
Its L:
C\ICl
+�I__
August 4, 1999
Weld County Commissioners
P.O. Box 758
Greeley, CO 80632
Dear Weld County Commissioners:
SUBJECT: PROPOSED CONCRETE PLANT IN MILLI} N, CO
I am a haneowner in the Mad Russian Estates subdivision in Milliken,
and I am concerned about the proposed location of the Loveland Ready
Mix concrete plant to the south of our subdivision.
My main concern is the increased traffic of commercial vehicles on
State Hwy. 257, Hwy. 60 and County Road 54. Traffic is already a
problem at the intersections of these roads, and numerous accidents
and fatalities have already occurred in the past few years. Adding
more commercial vehicles to this already heavy traffic has potentially
dangerous consequences for anyone traveling on these roads.
Also, I believe that such a facility will diminish property values.
in the Mad Russian Estates subdivision. The dust and noise generated
by. these plants is not something I would like to have so near our
residential area. We built here because of the peacefulness of a
rural area.
I ask that you do not approve this concrete plant to be built near
our community.
Sincerely yours,
County Planning Dept.
'P AUG 09 1999
/oa, / , RECEIVED
Co .gos
r
s I.
ti' I
August 19, 1999
ATTN: WELD COUNTY BOARD OF COMMISSIONERS
aiMENiab Barbara J. Kirkmeyer- Pro Tem, George E. Baxter, Glenn Vaad and M. J. Geile
Subject: USR-1237 Proposed Concrete Plant/Milliken Site File #M-99-065
We are residents of the Town of Milliken and have the following concerns on the proposed
Loveland Ready Mix Concrete Plant at Colorado Highway 257 and County Road 48 1/2.
1. TRAFFIC CONGESTION. At Mill kens' town board meeting (July 14, 1999), Gary
Tuttle, Tuttle Applegate, engineer for Loveland Ready Mix, stated that a vehicle would be
coming or going every three(3) minutes. With that kind of activity on Colorado Highway 257 it
will become a dangerous situation especially going North up the hill by the Mad Russian
Development. Also, it is my understandingrthat Loveland Concrete had won the bid to do the
concrete for the new construction of the State Farm Facility at Colorado Highway 257 and 34. If
this is the case, then it will drastically increase the traffic flow North on 257 and make a
dangerous situation that much more evident. If this Plant is approved then Highway 257 must
become a four lane highway North from Highway 60 to 34, in order to alleviate the dangerous
situation that would exist.
2. AIR QUALITY. With trucks coming and going within the plant facility it will generate
continuous dust and pollute the air with the exhaust from the trucks and heavy equipment, plus
the concrete dust generated by the plant.
3. NOISE. With this operation going from 6:00 AM to 7:00 PM six (6) days a week, the
residents of the Mad Russian will continually hear the noise from the large trucks, heavy
equipment, back-up beeps and plant operations due to the location of the Development
(approximately 1/2 mile North of the proposed Plant).
4. ENVIRONMENTAL CONCERNS. Because of the flooding every spring at this
location, the Big Thompson River will become very susceptible to pollution from the concrete
plant operations. Also per Gary Tuttle a septic tank would be put into place at the facility, this
would allow sewage be dangerously close to the Big Thompson River.
5. WILD 8 Because of the wetlands and the environment within this area, this
operation would put a major impact on the wildlife, which some are on the Federally Threatened
List.
6. VISUAL IMPACT. This Plant would visually impact the view South of the Mad
Russian Development and Northwest for the Town of Milliken. The comment-from Loveland
Ready Mix from the Milliken Planning Commission Meeting of Julyy'7; 1999,:maldiggipbpgvi[ ii..
impact, was commented "that the trees from the river would deflect it from view", (that would be
correct for the summer, but not the winter when the trees have lost their foli ),thtfri9wno
comment on that statement.
_ EXH Ti II'
r , } fri 1'114I ' , D
��, � tx,, I aril 'ay a Vr
lit 4a � 4
1,
7. PROPERTY VALUES. If this construction is authorized, then the property values for
the Town of Milliken will be devalued, thus reducing the total tax base for Weld County and the
Town of Milliken, is this a situation that both are willing to accept.
8. MILLI KEN COMPREHENSIVE PLAN. Per the meeting of the Milliken Planning
Commission, the Loveland Ready Mix Concrete Plant does not comply with the towns'
comprehensive plan.
Per discussion with various officials, whenever a mineral proposal comes before the Weld
County Planning Commission it is a RUBBER STAMP DEAL, which is why we need to know if
this is true, since it will impact property owners within this area.
With all of the above concerns, this facility should not be approved.
Sincerely,
�,Ql_A V�pLc �i Jim jg ws
ki
iLi.a. ieo eoxs o xe i
Frank&Carol Knowski 4 ,Q m_.
2148 Country Club Parkway
Milliken, CO 80543
Resident of The Mad Russian Development
cc.
Town of Milliken
Town of Johnstown
Colorado Department of Highways
Weld County Planning Commissions
State of Colorado: Division of Minerals& Geology
State Department of Health
Colorado Department of Wildlife
Johnstown Breeze
Greeley Tribune
F '
M1,1- 'uR,,;'4ttiti; &`ffri,K 11/1'.N1,t VI!, ! 741fry?v a,,r e•t,- t r ,--"k a' e+1,7( .
•
lbttleApplegate;lnc..
Consultants for Land, Mineral and Water
November 2, 1999'• •.✓eid County Planning Cap,
Ms. Anne Best-Johnson
Weld County Plamiing Department Services
15,55 North ;17 Avenue' • NOV 03," 999
Greeley, Colorado 80631
RECEIVE`
RE: Milliken Site
D"ear Anna:.• With additional copies you Wanted of Exhibit C Fand this letter we have enclosed the �.
r On Exhibits C and F we have made minor modifications to the mining plan and the reclamation ,
plan. These modifications involve changes in-the sequence of the Mining cells, increase setback
from the Big Thompson River; additionrof a small lake in the reclamation plan, and reducing the .
entrances to Me;project from two to one: These changes are,the result'of ongoing neighborhood
• meetings with landowners along Weld County Road 48 '/x.
These changes are minor in nature,have been requested by a neighbor,'and improve the
operation.
We understand that we ale scheduled for the Planning Commission Hearing on November 16,
1999. We would appreciate receiving a copy of the staff report as soon as it is available.
Cordially,
TUTTLEAPPLEGATE, INC.
C TkQR
Gary J.Tuttle.
GJT/csw
Enclosures �� ' �j . .
` cc: File#99-243 )�
Steve'Puncher, Loveland Ready Mix, Inc. • GI 0
l
11990 Grant St • Suite 304 • Denver CO 80233 5441 Boeing Drive: • Suite 200 • Loveland C0180'5,36'8855
303)452,6611 • Fax(303)452-2759 k� (970) 1 "'
,2759 (970) 4,61 9884 •��„a X970 177
esS #1141
tee\ Elizabeth Stickler
9844 WCR 48.5
Milliken, CO 80543
November 5, 1999
DEPARTMENT OF PLANNING SERVICES
1555 N. 17th Avenue
Greeley, CO 80631
RE: Loveland Ready Mix Operation Hearing
Case No.: USR-1237
Dear Sir or Madam:
Enclosed for your review please find a copy of the objection letter I mailed in July in regard to the
above-referenced matter. I would appreciate it if you would consider this during the hearing
scheduled to take place concerning this matter on November 16, 1999.
In addition to the concerns outlined in my original letter, I would also like to point out the extreme
danger that would be posed should the Loveland Ready Mix construction take place. Having so many
trucks back and forth on Highway 257 (at least three per hour) increases the chances of automobile
accidents on this highway, not to mention the delays the residents in this area will experience due to
the additional traffic.
Thank you for your time and consideration.
Sincerely,
•
Elizabeth Stickler
(970) 381-8349
enclosure
field Cou �Y planning D"p
40 oa 1999
r
REGE Erk
I ,
to" toTh.
,.
t
Elizabeth Stickler `. I,i � I ' �';'I' '
omt '` 9844 WCR48 '/s , I
Milliken,CO 80543 1
II
July 8, 1999 t '
ri I �I,
' 4
H
CERTIFIED MAIL Z 193 636 404 ' ' C
RETURN RECEIPT REQUESTED �E
Weld County Planning and Zoning Department I I' I
1555 North 17th Street
Greeley, CO 80632 ;
i9, I I I , I , ,
RE: Milliken Site for Gravel Mining Operation
Dear Sir or Madam:
This will serve to express my serious concerns(regarding the gravel mining operation and concrete
batch plant development which is being pursued by Loveland Ready Mix. Such an operation would
only be a detriment to those who live in this beautiful; peaceful area.
My initial concern is in relation to my property value. After investing in my home and having it moved
from its original location just so that I could,have the gorgeous,view I have now, it is of great
r^ disillusionment to realize that it could be taken away and be replaced with an unsightly gravel
operation. Having such an unpleasant sight across the street will certainly decrease the value of my
home which would make it extremely difficult,if not impossible, to obtain the•current market value.
Moreover, the dust, noise, and traffic associated with such a construction also has its horrendous
effects. The noise alpne would more than likely begin in the peak hours of the morning making it
impossible to obtain a'decent and peaceful night rest, especially for those who go to work later in the
" day. The dust will make it even harder to breath for those with asthma or allergies like myself. And,
the increased traffic will make it tremendously dangerous for children and pets in the area.
While the road may be oiled or paved should theoperation take place, it does not take away the
pollution that will be expelled nor the vibrations the homes will endure from every truck passing by
.1 every few minutes. Such pollution will affect our drinking water to our gardens and wildlife. The
vibrations, in the least, will be a horrible nuisance.'
Furthermore, I have a well on my property,which I intend to use for watering my garden and lawn.
It is my understanding that having the plant across the street would deplete the water supply from my
well. This is also of great concern as my witer expense will substantially increase.
I ; '
i
, i I I ,
i
r I
i Ii i I i
, I
I II
1 }
'` Weld County Planning and Zoning Department I'II.
r , RE: Milliken Site for Gravel Mining Operation I
F July 8, 1999 I'l
I
Page 2 I
In short, I do not believe it is in the best interest of the.County nor its homeowners
eowne s to allow such a
development.Having such an awful construction will only decrease the value of the homes in the area
thereby;creati'ng undue hardship for the homeowners. It will be an unsightly disaster, as well as an
• I' immense encumbrance to those who live in the area Therefore, I strongly request that you please
deny the application for this development. Thank you.,I,
Sincerely, '.
I
Elizabeth Stickler
(970) 381-8349 I
I ! I I
I I
u
'
::::ii! II , i
ce: ' Tuttle Applegate,Inc. I
I 11990 Orant Street,Suite 304 ; E
Denver,CO 80233 I I +I 1 ; I
I
' Colorado M fined Land Reclamation Board'I
Division of Minerals and Geology
I '
1313 Sherman street,Room 215 I
I,
'�
;. ' Denver,CO 80203 , 1r!) I
,.
i
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11
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6ILMMVEVELOP NTCORPORATION r"1
DEVELOPERS OF
r Rolling Hills Ra
100 ROLLING HILLS RANCH DRIVE
JOHNSTOWN, CO 80534
(970) 587-9365
November 12, 1999
Ms. Ann Best-Johnson ✓eld County Punning Ga
Weld County Department of Planning Services t+
1555 N. 17th Avenue
Greeley, CO 80631 RECEIVED
NOV 15 1999
Dear Ms. Johnson, RECEIVED
I respectfully request that the special review proposal by Loveland Ready Mix for USR-1237 be
eTh denied.
As land owner,builder, and developer in the Milliken area, I feel that the location of this
operation in the proposed area would carry several negative effects which would be detrimental to
our:
1. Quality of life in general
2. Traffic safety
3. Environment
4. Entry appearance to the Town of Milliken
5. Property values
6. Market ability of our lively hood -new homes
Thanking you in advance for your consideration on this matter.
Sincerely,
o'7 .4("CCre2Caa—
Bruce W. Gillam,
President
rTh
NOV - 16 - 99 TUE E 10 - 5 9 L R M P 0 1
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cc .4 R'ETEr�y ( ).aGR C'O)r '�°
Phone ° 6. i'8 ,. ,. ,, � 4 ,� • <J. 667-0092
Co..J $-I-4,1(k
Acceleration Study—North from WCR 48 %a
July 28, 1999
Truck 19951Cenworth
Engine 300 HP Cummins
Load 52,000 lbs,
Date July 28, 1999
Time 9:00 AM
Trips 4 completed
Distance Time (Seca Speed (MPH) Comments
0 0 0 WCR 48 '/:
1/10 mile 20 20
2/10 mile 30 30 Between RR&Bridge
4/10 mile 40 50 Speed Limit Sign @ hill
Top of Hill 110 35
From Hwy 60— 1 run no cars
Liquor Store 45 MPH
WCR 48 '/2 55 MPH
Bottom of hill 55 MPH
Top of hill 37 MPH
Run #1 —No cars behind truck
Run#2 —One car came up—truck over on shoulder & car passed
Run #3—Truck passed farm tractor— no cars
Run#4—No cars r--- _
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United States Department of the Interior
FISH AND WILDLIFE SERVICE
Ecological Services ;, ." • •'• .•
755 Parfet,Suite 361
Lakewood,Colorado 80215
IN REPLY REFER TO:
ES/CO:ES/Species/Plants/ JUL 8 1999
Spiranthes diluvialis/
Survey Reports
Mail Stop 65412
Denise Larson
ERO Resources Group
1842 Clark son Street
Denver, Colorado 80218
Dear Ms. Larson:
Based on the authority conferred to the U.S. Fish and Wildlife Service (Service) by the Endangered
Species Act of 1973, as amended (16 U.S.C. 1531 et .), the Service reviewed the Ute ladies'-
tresses orchid (Spiranthes diluvialis) habitat assessment report prepared by ERO Resources, Inc. for
Loveland Ready Mix Company's proposed gravel mine operation on the Dunn Property in Weld
County, Colorado (Township 4 North, Range 67 West, Section 3 and Township 5 North, Range 67
West, Section 34). As described in the report, the project is located within the Big Thompson River
flood plain; a railroad track forms the northeastern boundary with SH251 forming the eastern border
and Weld County Road 42 ' forming the southern border.
The Service finds the habitat survey report acceptable and agrees that suitable habitat for S. diluvialis
is not present in the areas surveyed. Therefore, the Service concurs with the determination that the
proposed project should not adversely affect the continued existence of this orchid. •
We appreciate your submitting this report to our office for review and comment. If the Service can
be of further assistance, please contact Jan McKee at (303) 275-2370.
Sincerely,
O'gThRoy W. Carlson'
Colorado Field Supervisor
cc: U.S. Army COE; Littleton, CO (Attn.: Terry McKee)
Reading File
Project File n-7 in r-717-7
I 1 1
Reference:JPM•T&E\ORCHID\1999\SDERO10707.WPF I U
•t
I iii
F18...w0� �
United States Department of the Interior Lt.' ;
FISH AND WILDLIFE SERVICE21104
8439O9994'"
Ecological Services
755 Parfet Street,Suite 361
Lakewood,Colorado 80215
ES/CO:ME/MUM/Survey JUL 8 1999
Mail Stop 65412
Steve Butler
ERO Resources
1842 Clarkson Street
Denver, CO 80218
Dear Mr. Butler:
Based on the authority conferred to the U.S. Fish and Wildlife Service (Service)by the Endangered
Species Act of 1973 (ESA), as amended (16 U.S.C. 1531 et seq.), the Service reviewed the Preble's
meadow jumping mouse, Zapus hudsonius preblei, (Preble's) survey report submitted with your
letter of May 28, 1999. This report regards the Dunn Property in Weld County, Colorado (Section
3 , Township 4 North South,Range 67 West and Section 34, Township 5 North, Range 67 West).
The project, as proposed,may disturb wetlands and other riparian habitats.
Given your compliance with the Preble's survey guidelines, the Service finds the report acceptable
r�+�, and agrees that Preble's habitat is not present within the subject area. Thus, the Service concludes
that development or other actions on this site should not directly affect the continued existence of
Preble's. Should Preble's populations exist downstream from the site, actions on the site that result
in significant modification of Preble's habitat downstream (for example, through alteration of
existing flow regimes, or sedimentation) may be subject to provisions of the ESA.
If the Service can be of further assistance,please contact Peter Plage of my staff at (303) 275-2370.
Sincerely,
LeRoy W. Car son
Colorado Field Supe or
cc: U.S.Army COE,Littleton,CO
Reading file
Project file
Plage
Referen ce:Peter/PMJM/1999.159
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AN E� ` r TIOrN REQU SST
TOWN OF MILLIKEN, COLORADO
•
Prepared For:
LOVELAND READY :M1X CONCRETE, INC.
P.O..'BOX 299
'LOVELAND, CO 80539-0299
Prepared By:
?IuttleApplegate;lnc.
'Consultants for Land, Mineral and Water Development
• 111990 Grant Street, Suite 304., Denver, CO 80233
TELEPHONE: (303) 452-6611 FAX: (303) 452-275'9'
•
SEPT., 1999
TA Jo'b,.#99-19;7 •
("NI
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT,made and entered into this day of
September, 1999, by and between MILLIKEN READY-MIX CONCRETE, INC., a Colorado
Corporation, (the "Owner") and the TOWN OF MILLIKEN, COLORADO, a Municipal
Corporation, (the "Town").
WITNESSETH:
WHEREAS, the Owner holds title to certain property situated in the County of Weld,
State of Colorado, (the "Property") and legally described as follows, to wit:
(See Exhibit "A" attached hereto and incorporated herein
by reference)
WHEREAS, The Owner desires to develop the Property and has or will submit to the
Town a petition for annexation, a subdivision plat, site plans, a landscape plan and other
documents relating to development and use of the Property, copies of which are on file in the
office of the Town Clerk and made a part hereof by reference (the "Development"); and
WHEREAS,the Town and Owner have entered into an Annexation Agreement (the
,rte "Annexation Agreement"); and
WHEREAS, this Development Agreement and the Annexation Agreement, in
conjunction with the approved subdivision plat, all related documents and infrastructure
documents, constitutes a site-specific development plan as described in C.R.S. Section 24-68-
102(4) (the "Site Specific Development Plan"); and
WHEREAS, Owner plans to develop and use the Property for sand, gravel and other
mineral extraction and operation of a concrete batch plant; and
WHEREAS, development of the Property will produce substantial economic benefits for
the Town in the form of increased real and personal property taxes, retail sales taxes, sales and
use taxes for capital purchases, and new jobs and other economic development; and
WHEREAS, the parties hereto have agreed that if annexed the development of the
Property will require increased municipal service from the Town in order to serve such area and
will further require the installation of certain improvements of benefit to the lands to be
developed and neighboring properties; and
WHEREAS, in order for the Town to finally approve the preliminary and final
subdivision plat, site plans, landscape plan and related land use documents, the Development
shall be subject to certain requirements and conditions which involve the construction and
installation of utilities and other municipal improvements and other conditions relating to the use
to be made of the Property; and
eiTh
WHEREAS, the parties intend this Agreement and the Annexation Agreement be
simultaneously effective; and
WHEREAS, CRS 34-1-305(1)requires that the extraction of commercial mineral
deposits not be inhibited by any governmental entity.
NOW, THEREFORE, in consideration of the promises of the parties hereto and other
good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, it
is agreed as follows:
I. GENERAL CONDITIONS
A. In the event the Town enters into this Agreement prior to approval of the
annexation and the Annexation Agreement by the Town Board, the parties agree that the binding
effect of this Agreement and the effectiveness of the annexation and zoning of the Property in
accordance with the Owner's application, is expressly conditioned upon such approval by the
Town Board. The parties further acknowledge that the Owner is also pursuing land use approval
from Weld County for the proposed use of the Property. This agreement and the Development
Agreement shall be null and void unless final annexation, zoning and plat approval (not subject
to unresolved appeal or referendum) is received on or before January 15, 2000.
• B. The terms of this Development Agreement shall govern all development
activities of the Owner pertaining to the Property. For the purposes of this Development
Agreement, "development activities" shall include, but not be limited to, the following: (1) the
actual construction of improvements; (2) obtaining a building permit therefor; or (3) any change
in grade, contour or appearance of the Property caused by, or on behalf of, the Owner with the
intent to construct improvements thereon.
C. All sanitary sewer lines, water lines, storm sewer lines and facilities and streets
shall be installed in accordance with any construction phasing and utility plans for the
Development and shall be in full compliance with the standards and specifications reasonably
required by the Town's Engineer at the time of approval of the respective plans. In the event the
Owner commences or performs any construction of public utilities after three (3) years from the
date of final approval of such utility plans, the Owner shall resubmit the project utility plans for
any remaining uncompleted construction phases of the Development to the Town for
reexamination. The Town may require the Developer to comply with approved utility standards
and specifications of the Town on file at the time of resubmittal or in the event the Town has not
adopted such standards and specifications, the reasonable standards and specifications
determined by the Town's Engineer. However, in such event, the Town shall take into account
the utility improvements then in place and the need to make coordinated, logical extensions and
connections to such existing improvements.
D. No building permit for the construction of any structure within the Development
r shall be issued by the Town until the water lines, sanitary sewer lines and roads (with at least the
base course or first lift of full-depth asphalt completed) serving such structure have been
2
esks
n
/1 completed and accepted by the Town or other appropriate entity. No Certificate of Occupancy
t shall be issued until all infrastructure for the phase of the Development then under construction
is substantially completed as reasonably determined by the Town's Engineer and accepted by the
Town or other appropriate entity or the Owner has provided a letter of credit, bond or other
security acceptable to the Town in an amount equal to 100% of the estimated cost to complete
such infrastructure. The Town agrees to review all submittals on a timely basis.
E. Except as otherwise specifically set forth herein, the Owner agrees to install and
pay for all water, sanitary sewer and storm sewer facilities and appurtenances and roads, and
other public improvements required by the Development as shown on the plat, site plan,
landscape plan and utility plan and other approved documents pertaining to the Development on
file with the office of the Town Clerk.
F. The installation of all municipal utilities shown on the utility plans shall be
inspected by the Town Engineer, or the Town Engineer's designee, and shall be subject to the
reasonable approval of the Town Administrator. The Developer agrees to correct any
deficiencies in installation of utilities to be dedicated to the Town in order to meet the
requirements of the plans and/or specifications applicable to such installation. In case of
conflict, the utility plans shall supersede the standard specifications.
G. The Owner shall provide the Town Administrator with certified Record Plan
Transparencies on Black Image Diazo Reverse Mylars upon completion of any phase of the
construction.
H. The Town will make every reasonable effort to require reimbursement agreements
or other appropriate arrangements that will obligate future development of adjacent or other
lands benefited by the public road and/or utility extensions paid for by Developer to reimburse
the Developer on a prorated share.
II. SPECIAL CONDITIONS
A. Water Lines/Tap/Raw Water/Utilities
The Developer will install all water lines and associated infrastructure in accordance with
the utility plans approved for the Development. Prior to the issuance of any building permit the
Developer will purchase one water tap for the development and will dedicate raw water or pay a
water fee in lieu as provided by code in the amount of$10,550.00. The Town's potable water
shall be used for office and administrative uses only. Ground water will be used for operation of
the batch plant. The Town warrants that sufficient water is available to serve the office and
administrative uses. The Town agrees to charge the lowest applicable rate for water service and
any other utility service provided by the Town..
B. Sewer
Prior to the issuance of a building permit Owner will purchase a sewer tap from the Town
which will be held pending availability of sanitary sewer service to the improvements on the
3
n n
r Property. Connection to such system will be made at Owner's expense when a main line is
within 400' of the Property if such connection is then warranted under all applicable
circumstances. Prior to such availability, Owner will be allowed to use a vault system on the
Property, subject to the reasonable approval of the Town Engineer.
C. Sixteen inch (16") Water Line
In connection with these matters and in consideration of the provisions hereof, pursuant
to separate easement agreement, the Owner has signed an easement allowing the Town to install
a sixteen inch (16") water line on, under and across the Property as appropriate for the Town's
needs.
D. Roads
Prior to the issuance of a Certificate of Occupancy, that portion of County Road 48 '/3
adjacent to the southern boundary of the Property shall be fully constructed by the Owner from
the Property's western boundary to State Highway 257 in accordance with Town requirements
for the same as shown on the approved utility plans for the Development or, alternatively shall
have submitted an irrevocable letter of credit in compliance with Paragraph G, below.
E. Hazards and Emergency Access
I,.., 1. No combustible material will be allowed on the Development until a
reasonably satisfactory system for fire protection is in place.
2. The Owner shall maintain all streets and accessways during all phases of
construction to provide safe and unobstructed access for emergency vehicles and equipment.
3. Issuance of building permits and all inspections are made for the benefit of
the Town. Neither the Owner nor any ultimate user is intended to be third-party beneficiaries of
these inspections. It is, therefore, incumbent upon both the Owner and the ultimate user to
inspect the property being purchased to assure themselves that the improvements are constructed
to standards acceptable to them.
F. Security Agreement
Prior to the issuance of any building permit of the Development, the Owner will either
have completed installation of, or will provide the Town with an irrevocable letter of credit for,
the proper installation of those infrastructure improvements required to be installed by the Owner
and dedicated to the Town as outlined in Paragraphs 11.A through II.F. hereof. Such letter of
credit shall be in an amount approved by the Town Engineer, based on the actual construction
costs of the remaining work required to be installed by the Owner. This letter of credit shall be
in a form and from a financial institution reasonably acceptable to the Town Attorney.
r\ G. Dedications to the Town
4
n n
n In consideration of the provisions hereof and in lieu of any park land dedication and park
development fees otherwise required, the Owner shall transfer or dedicate the following to the
Town at the time of annexation: A 5.5 acre parcel adjacent to State Highway 257 to be used as a
public park The exact location of the Park shall be as reasonably determined by the parties.
Owner will also pay to the Town at the time of annexation the sum of Twenty Thousand and
00/100 Dollars ($20,000.00) to be used for the development of said park. Owner will further
rough grade the park area within 24 months after the park site is fully planned by the Town.
Upon completion of such work the Owner shall have no further obligation with regard to such
improvements. The Town will assume all ownership and maintenance obligations for the park
after dedication thereof The Dedication Deed shall convey the park area to the Town with a
stipulation and reverter provision that is it only usable for a public park. The dedication shall be
subject to all existing patents, reservations, easements, rights-of-way, covenants and restrictions
of record and shall reserve to Owner all mineral rights (other than surface rights) appurtenant to
the dedicated Property.
H. Vested Rights
The Site Specific Development Plan for the Development as defined in the above-stated
premises to this Development Agreement and the Annexation Agreement shall have all of the
rights referenced in C.R.S. 24-68-101, et seq., provided that the Town specifically agrees that for
the reasons set forth in Paragraph 4 of the Annexation Agreement, the vesting shall be for thirty
(30) years from the date of rezoning.
/-�
( III. MISCELLANEOUS
A. All construction shall conform to the Town's reasonable standards. Where
standards do not exist, the construction shall conform to the reasonable requirements of the
Town Engineer in accordance with customary requirements of the Town Engineer in accordance
with customary engineering practices. The finished road grades shall meet the existing concrete
curbs, if any, and the road crown as reasonably specified by the Town Engineer.
B. Construction documents shall be submitted to, and approved by, the Town
Engineer prior to the start of construction.
C. The Owner shall obtain a two year industry standard warranty from its contractor
covering labor and materials for the Town improvements required herein. The warranty shall be
transferable to the Town when the improvements are accepted by the Town.
D. The Owner agrees to provide and install, at its expense, adequate barricades,
warning signs and similar safety devices at all construction sites within the public right-of-way
and/or other necessary areas as deemed necessary and shall not remove said safety devices until
the construction has been completed.
E. The Owner shall at all times keep the public right-of-way free from the
n accumulation of waste materials or rubbish caused by its operation, shall remove such rubbish
not less than weekly and at the completion of the work, shall remove all such waste materials,
5
1 Y'
,mss,, dirt caused by its operation. Any excessive accumulation of dirt and/or construction materials
F shall be considered sufficient cause for the Town to withhold building permits and/or certificates
of occupancy until the problem is corrected to the reasonable satisfaction of the Town
Administrator. If the Owner fails to adequately clean such streets within two (2) days after
receipt of written notice, the Town may have the streets cleaned at the Owner's expense, and the
Owner shall be responsible for prompt payments of all such costs.
F. During the course of construction, the Owner hereby agrees that it will require its
subcontractors to cease operations when winds are of sufficient velocity to create blowing dust
which, is hazardous to the public health and welfare. Once operations of the gravel extraction
and batch plant commence, dust control will be as specified in Owner's filing with the State of
Colorado Division of Minerals and Geology.
G. The Owner shall,pursuant to the terms of this Development Agreement, complete
all improvements and perform all other obligations required herein as such improvements or
obligations may be shown on the plat and related documents approved by the Town or any replat
as subsequently filed by the Owner and, in the event of a default and failure to cure such default
in accordance with the provisions of Paragraph III M hereof, the Town may withhold such
building permits and certificates of occupancy as it deems necessary to ensure performance
hereof
H. In the event the Town waives any breach of this Development Agreement in
writing, no such waiver shall be held or construed to be a waiver of any subsequent breach
I hereof
I. Financial obligations of the Town payable after the current fiscal year and/or not
appropriated or budgeted are contingent upon funds for that purpose being appropriated,
budgeted and otherwise made available.
J. This Development Agreement shall run with the Property and shall be binding
upon the parties hereto, their personal representatives, heirs, successors, grantees and assigns. It
is agreed that all improvements required pursuant to this Development Agreement touch and
concern the Property regardless of whether such improvements are located on the Property.
Assignment of interest within the meaning of this Paragraph III.K. shall specifically include, but
not be limited to, a conveyance or assignment of any portion of the Owner's real or proprietary
interest in the Property as well as any assignment of the Owner's rights to develop the Property
under the terms and conditions of this Development Agreement.
K. In the event the Owner transfers title to the Property and is thereby divested of all
equitable and legal interest in the Property,the Town hereby agrees to release the Owner from
liability under this Development Agreement with respect to any breach of the terms and
conditions of this Development Agreement occurring after the date of any such transfer of
interest. In such event, the successor owner(s) shall be bound by the terms of this Development
Agreement.
r
6
eTh n
L. Each and every term of this Development Agreement shall be deemed to be a
material element hereof. In the event that either party shall fail to perform according to the terms
of this Development Agreement, such party may be declared in default. In the event that a party
has been declared in default hereof, such defaulting party shall be given written notice specifying
such default and shall be allowed a period of ten(10) working days within which to cure said
default, unless the default is of a type which cannot reasonably be cured within such ten (10)
days period, in which case, the party declaring a default shall specify in its notice a reasonable
period of time within which to cure such default. In the event the default remains uncorrected,
the party declaring default may elect to: (i) terminate this Development Agreement and seek
damages; (ii) treat this Development Agreement as continuing and require specific performance;
or(iii) avail itself of any other available remedy at law or equity.
M. In the event of the default of any of the provisions in this Development
Agreement by either party which shall result in the party not in default commencing legal or
equitable action against said default party, the defaulting party shall be liable to the non-
defaulting party for the non-defaulting party's reasonable attorney's fees and costs incurred by
reason of the default. Nothing herein shall be construed to prevent or interfere with the rights
and remedies specified in Paragraph III.M, hereof
N. All notices which may be given to the parties hereto shall be in writing and shall
be sent to the parties at the addresses specified below:
eTh Owner: Loveland Ready-Mix Concrete, Inc.
C/o Steven Fancher
1811 W. 12th
Loveland, CO 80537
Copy: Hammond and Clark
Roger E. Clark
200 E. 7th Street
Suite 418
Loveland, CO 80537
Town: Town of Milliken
Copy: Bruce Fickel
343 Mountain
Berthoud, CO 80513
Or to any change of address given in writing by one party to the other.
r
7
1 1
O. The parties agree that all extraction and reclamation activities and plant
operations on the Property shall be governed by applicable Federal, State and County
regulations.
P. Owner will in the future dedicate an easement to the Town for a 50' river corridor
trail paralleling the river through the Property. Said trail will be located in the unmined area.
Said dedication will be undertaken in phases, i.e., within a reasonable time after mining has been
completed within a portion of the Property, the area needed for the trail, if any, adjacent to such
completed portion will be dedicated.
Q. The batch plant will be located on approximately seven acres in the westerly
portion of the Property, the exact site to be determined by Owner. The mining cells being
actively mined at any given time will not exceed 16.8 acres.
R. Town acknowledges that the Owner has filed with and received approval of a
mining and reclamation plan with the Division of Minerals and Geology for the State of
Colorado. Owner has been permitted for operations on the Property. Owner will comply with
the plan and the Town will be provided a copy of said plan and permit. Unless otherwise
previously provided herein, said plan and permit will govern all such operations including, but
not limited to the following:
1) Dust control (copies of any periodic reports to the state will be provided to
r,e+% Town;
2) Provision of augmentation water to replenish any ground water loss;
i
3) Restrictions on the decibel level of sound produced by operations on the
Property;
4) No requirements for operations more restrictive than those applicable
under the state permit shall be imposed by the Town except as specifically set forth in this
agreement.
S. As long as mining and/or batch plant operations are continuing, Owner will pay
an annual calendar year permit fee to the town of One Thousand and 00/100 Dollars ($1,000.00).
T. Plant and mining operations shall take place between the hours of 6:00 A.M., to
7:00 P.M. six days a week, Monday through Saturday, except in emergency situations.
U. The Town acknowledges that all or a portion of the Property lies within a
designated flood plain. The Town agrees that Owner should be exempt from any flood plain
regulations which would prohibit or inhibit the construction of improvements or the use of the
Property contemplated herein.
r V. The color of any towers and buildings on the Property shall be reasonably
acceptable to the Town.
8
W. Owner will prepare and submit a landscape plan consistent with all applicable
Town standards to the Town.
X. Owner will provide Town with a copy of the surety bond filed with the state in
connection with the mined land permit.
Y. If any provision of this Development Agreement is held invalid, the remainder of
this Development Agreement shall not be affected thereby, and such remainder would then
continue to conform to the requirements of applicable laws.
Z. This Development Agreement may be executed in multiple counterparts, each of
which shall constitute an original, but all of which,taken together, shall constitute one and the
same document.
AA. This Development Agreement shall be governed by, and its terms construed under
the laws of the State of Colorado.
aa. This Development Agreement, and the documents referred to herein, shall
be construed together and constitute the entire, full and complete agreement between the parties
hereto concerning the subject matter hereof and supersedes all prior agreements, no other
representation having induced either party to execute this Development Agreement, and there are
no representations, inducements,promises or agreements, oral or otherwise, between the parties
r not embodied herein which are of any force or effect with reference to this Development
Agreement or otherwise. No amendment, change or variance from this Development Agreement
shall be binding on either party unless executed in writing.
bb. This Development Agreement shall be recorded in the office of the Clerk
and Recorder of Weld County, Colorado by the Town at the Owner's expense and shall
constitute notice of this Development Agreement to all persons or entities not parties hereto.
Dated the date set forth above.
MILLIKEN READY-MIX TOWN OF MILLIKEN, COLORADO
CONCRETE, INC.
By: By:
r
9
rs ANNEXATION AGREEMENT
THIS ANNEXATION AGREEMENT, (the "Agreement") is entered into as of the
day of September, 1999 by and between the TOWN OF MILLIKEN, COLORADO,
(the "City") and MILLIKEN READY-MIX CONCRETE, INC., a Colorado Corporation, (the
"Owner").
RECITALS
WHEREAS, the Owner owns certain property facilities on Weld County Road 48 '/ in
the City, Larimer County, Colorado and more specifically described on Exhibit "A" attached
hereto, (the "Property") and by this reference incorporated herein, to be known upon annexation
as the
WHEREAS, the Owner desires to annex the Property to the Town and to zone the
Property under an industrial category which will permit gravel and aggregate extraction and
operation of a concrete plant as a matter of right; and
WHEREAS, the Town is unable to annex the Property under the terms and conditions of
this Agreement and the separate development agreement of even date between the Town and
Owner(the "Development Agreement") without the consent of the Owner; and
f WHEREAS, development of the Property and commencement of operation of the
concrete plant will produce substantial economic benefits for the Town in the form of increased
property, (use and sales taxes) and new jobs and other economic development, all of which will
promote the general welfare of the citizens of the Town and others; and
WHEREAS, it is the intent of the parties that the Property be annexed to the Town to
permit the Owner to develop Property consistent with this Agreement and the Development
Agreement; and
WHEREAS, the parties intend that this Agreement and the Development Agreement be
simultaneously effective.
THEREFORE, in consideration of the premises and the mutual convenants contained
herein, the parties agree as follows:
AGREEMENT
1. Consent to Annexation. Owner hereby consents to the annexation of the Property
subject to the terms and conditions of its Petition for Annexation, this Agreement and the
Development Agreement. In the event the Town enters into this Agreement prior to approval by
the Town Board of the annexation or this Agreement, or prior to the approval by the Town Board
r of the Development Agreement, the parties agree that the binding effect of this Agreement and
the effectiveness of the annexation and zoning of the Property in accordance with the Owner's
r'1 r 4I
n application is expressly conditioned upon such approval by the Town Board and the execution
and delivery of this Agreement and the Development Agreement by all parties thereto.
2. Public Improvement to be Constructed. The Owner and the Town will cooperate
in the design and construction of certain public improvements, including road and utility
improvements, to benefit the Property and other property in the area. The public improvements
to be designed and constructed and the sharing of the costs of the same shall be as set forth in the
Development Agreement. Except as set forth in the Development Agreement, there are no other
on or off-site public improvements required of Owner.
3. The Owner's Contributions and Payment of Fees for Water. Owner agrees to
dedicate to the Town raw water at the current Town rates for the amount of property to be
annexed, or pay the Town existing cash-in-lieu fee for each acre-foot at the time of annexation
and zoning, which cash in lieu amount is agreed to be $10,550.00.
If any referendum, initiative or judicial action is filed that prevents construction of the
contemplated improvements, the Town will convey back to the Owner any water rights
transferred to the Town and/or refund any cash paid to the Town in lieu of water rights.
4. Vested Rights. This Agreement, in conjunction with the Development
Agreement, all related documents and infrastructure documents such as the subdivision plat, the
landscape plan, the Mining Plan filed with and approved by the State of Colorado Division of
rTh Minerals and Geology, site plans, and the like, constitutes a site-specific development plan as
described in Section 24-68-102(4) (the "Site Specific Development Plan")
Zoning: The Town agrees that for a period of thirty (30) years from the date that the
Milliken Town Board zones the Property, if at all, in accordance with the Owner's zoning
request that the Town will not rezone the Property or amended or modify the terms and
conditions of the annexation of the Property without the consent of the Owner or its successor in
interest. The length of said period of vesting is warranted in light of all relevant circumstances,
including, but not limited to the size and phasing of the development, economic cycles and
market conditions. These circumstances include, without limitation, the length of time required
to fully mine the Property and the fact that mining will proceed in phases, impacting only
relatively small portions of the Property at any one time. The running of such thirty (30) year
period shall be tolled during the pendency of any referendum, initiative or judicial action that is
filed that would, if successful, prevent development. The Town agrees to allow the following
uses by right of the Property:
Extraction of sand, gravel and other minerals;
Concrete batch plant;
Administrative and operational facilities in connection therewith;
Reclaimed use;
2
Any industrial or manufacturing use similar in character and external
effects to the above listed uses;
Parks and recreation areas;
Accessory uses which are reasonable required to provide necessary
maintenance or security of the principal use, including, but not limited to,
a dwelling unit for occupancy as a caretaker's quarters;
Accessory buildings and uses.
5. Incorporation. The terms and conditions of this Agreement shall be deemed to be
incorporated into the Petition for Annexation of the Property.
6. Integration and Amendment. This Agreement, the Development Agreement and
the documents referred to at Paragraph 4 above represent the entire Agreement between the
parties with respect to the Property and supersede all prior written or oral agreements or
understandings with regard to the obligations of the parties with regard to the Property. This
Agreement may only be amended by written agreement signed by the Owner and the Town. In
the event that either this Agreement or the Development Agreement is not fully executed and
delivered simultaneously, both agreements will be null and void. Anything herein
notwithstanding, the parties acknowledge that the Owner is also presently pursuing land use
f approval from Weld County for the proposed use of the Property. This agreement and the
Development Agreement shall be null and void unless fmal annexation, zoning and plat approval
(not subject to unresolved appeal or referendum) is received on or before January 15, 2000.
7. Remedies. In the event that a party breaches its obligations under this Agreement,
the injured party shall be entitled to monetary damages, equitable relief, including specific
performance, and such other remedies at law or in equity as may be available under applicable
law. In the event of litigation relating to or arising out of this Agreement, the prevailing party,
whether plaintiff or defendant, shall be entitled to, recover costs and reasonable attorneys' fees.
8. Effective Date. This Agreement and the Development Agreement shall become
effective on the date that they are both executed and delivered and have been approved by the
Town Board. If the Town does not annex the Property, this Agreement shall become null and
void and of no force or effect whatsoever. If the Town does not annex the Property, no party
will be liable to any other for any costs that the other party has incurred in the negotiation of this
Agreement or in any other matter related to the potential annexation of the Property.
9. Severability. Should any court of competent jurisdiction rule that any term,
condition or provisions of this Agreement is illegal or otherwise unenforceable, it is the intent of
the parties that the remainder of the Agreement continue to be fully enforceable and that all other
rights and obligations of the parties shall continue to be fully effective.
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10. Notice. The parties agree to execute a memorandum of this Agreement, which
the Town shall record with the Clerk and Recorder for Weld County, Colorado. It is the intent of
the parties that their respective rights and obligations set forth in this Agreement shall constitute
covenants and equitable servitudes that run with the land and shall benefit and burden any
successors to the parties. The Final Annexation Map for the Property shall contain a note that it
is subject to this Agreement and shall recite the book and page or reception number where the
memorandum of this Agreement is recorded. Publication pursuant to C.R.S. 24-68-103 of a
notice as to the approval of a site specific development plan and creation of a vested property
right shall be completed by the Town within fourteen (14) days following such approval.
TOWN OF MILLIKEN, COLORADO MILLIKEN READY-MIX
CONCRETE, INC.
By: By:
STATE OF COLORADO )
) ss
COUNTY OF WELD )
The foregoing Annexation Agreement was executed before me this _ day of
/� September, 1999 by of the Town of Milliken, Colorado.
Witness my hand and official seal.
My commission expires
Notary Public
STATE OF COLORADO )
) ss
COUNTY OF LARIMER )
The foregoing Annexation Agreement was executed before me this _ day of
September, 1999 by of Milliken Ready-Mix Concrete, Inc..
Witness my hand and official seal.
My commission expires
f Notary Public
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STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St.,Room 215
Denver,Colorado 80203 DIVISION OF
Phone:(3031 866-3567 - MINERALS
FAX:(303)832-8106 &
GEOLOGY
RCLAATIN
DATE: September 21, 1999 MIEN INGMSAFEDTT
TO: Gregg Squire Bill Owens
Governor
FROM: Allen Sorenson Greg E.Welcher
Executive Director
Michael B.Long
Division Director
RE: Adequacy Responses,Loveland Ready Mix Concrete,Inc.,
Milliken Site,File No.M-99-065
Based on a review of the adequacy response package dated September 13, 1999, the following issues
remain to be addressed.
1. Loveland Ready Mix has agreed to provide Little Thompson Water District water for irrigation of
lawns of those homes that irrigate with shallow wells if their wells go dry. Providing substitute water is
an acceptable method for mitigation if pit-dewatering impacts surrounding wells. However, the
statement that substitute water will be provided if the "wells go dry" does not assure mitigation to the
well owners if the well yields are affected but the well does not completely dry up. The Operator must
determine a minimum acceptable yield for each potentially affected well. This may be accomplished
through consultation with the well owners, review of records,or direct testing. Then if the well yield
drops below the minimum acceptable yield as a result of pit dewatering, the mitigation plan would be
enacted. The minimum acceptable yields for each well should be listed in the permit application.
2. Information submitted relative to the proposed low-water crossing includes the statement that four
24 inch corrugated metal pipes will be employed, a statement that application will be made for a
Department of the Army 404 permit prior to installation of the crossing, and a sketch. By obtaining a
404 permit for the low-water crossing, the Operator will have effectively minimized impacts to the
hydrologic balance under Rule 3.1.6(1)(c). However, using the information that has been provided the
Division cannot make a determination under Rule 3.1.6(3) that the crossing structure will be adequately
stabilized and protected so as to effectively control erosion. In order to make the required
determination the applicant must provide a design and specifications for the low-water crossing. To
demonstrate that the crossing structure is adequately stabilized and protected, a design incorporating
standard engineering practice for a low water crossing could be prepared. This would include:
• an evaluation of the typical stream hydrograph and a demonstration that the culverts will pass the
• stream except during brief periods of high runoff,
• designs to key the structure into the stream bed with the culverts at a specified slope,
• designs to apply riprap aprons sized to be stable under stream velocities associated with the design
flood,
• designs, as necessary, for concrete wingwalls at the culvert inlet and outlet.
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File No. M-99-065 2 September 21, 1999
ris
Given that the crossing is not needed until mining phase #4, the applicant may submit to a permit
condition to avoid the expense of preparing a design so far in advance of the actual project. An
appropriate stipulation to permit approval would be:
The Operator shall provide a design and specifications for the river crossing required to access
the north part of the permit area. The design and specifications shall be submitted as a revision
to the reclamation permit. The design shall demonstrate that the crossing is adequately
stabilized and protected so as to effectively control erosion. No development or mining of the
gravel resource north of the Big Thompson River may commence until the revision has been
• approved by the Division.
It is stated in the reclamation cost estimate section of the adequacy response that the low water crossing
will remain after reclamation of the pit. However,the maps provided with the adequacy response
indicate that the crossing will be removed. Whether the crossing is to be used temporarily,during the
period of mining, or will remain as permanent feature in the reclaimed pit has a material impact on the
amount of bond to be required and on the design criteria for the crossing. A temporary crossing could
be designed to carry ordinary flows in the river and to overtop during the short duration snowmelt flood
that occurs virtually every year on the Big Thompson. However, the Division would have to bond for
removal of the structure as such a structure would not be suitable as a permanent crossing. For a
permanent crossing no bond would be required,but the structure would have to be designed to carry the
10-year frequency runoff if the total culvert end area was under 35 sq. ft. and to carry the 20-year
frequency runoff if the total end area exceeded 35 sq.ft. If the existing channel capacity at the crossing
point is less than the 10 and 20-year frequency flows,then the crossing could be designed to pass the
channel capacity flow. These design requirements for a permanent crossing may significantly increase
the cost, size, and complexity of the crossing structure.
3. The applicant states that the spillways between the river and the pits and between successive pits
will be designed according to the Urban Drainage and Flood Control District (UDFCD),Technical
Review Guidelines for Gravel Mining Activities within or adjacent to 100-year Floodplains. This type
of spillway is intended to prevent the build-up of large differential heads between the river and water in
the pit, and are an acceptable mechanism to stabilize working and reclaimed pits in the floodplain. The
Division can accept designs from Urban Drainage Guidance documents for pits located along the South
Platte and its tributaries. However, the following items would have to be integrated into the design
provided by the applicant to meet the standards of the guidelines.
• UDFCD guidelines specify that the spillway crest shall be approximately 1 foot above the 2-
year flood elevation. No specification for spillway elevation is provided in the applicant's
design. The 2-year flood elevation for the pit location should be available on flood insurance
maps.
• The applicant uses formulae from the UDFCD guidance to size the spillways at 50 feet.
("1 However, the minimum acceptable spillway width is 100 feet.
I""1•
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File No. M-99-065 3 September 21, 1999
• The applicant's proposal includes a concrete rubble trench to stabilize the spillway crest,
whereas UDFCD stabilization requirements include various configurations using grouted riprap,
concrete slab, soil cement, concrete cutoff walls, and vegetation. UDFCD guidelines also
specify that the riverbank be stabilized in conjunction with the spillway installation, which may
require a Department of the Army section 404 approval.
• The dikes between mining cells,or the lateral berms, are to have a minimum 100-foot top width
in accordance with UDFCD guidelines.
Alternatively, the applicant may provide a site-specific analysis of the flood flows and velocities
through the working and reclaimed pits and present a design to safely convey the flows. The applicant
is committed to installation of spillways within 2-years of the commencement of mining in each cell, so
the worst case scenario for bond forfeiture would be that the State would install two spillways.
Sufficient bond for installation of two spillways must be provided and must be based on the estimated
costs to grade and armor the spillways.
4. Several of the parties to the application process have raised the concern that dewatering of the
alluvial aquifer may cause settlement and damage to their homes. Large scale dewatering of confined
aquifers can be expected to cause settlement. However,for unconfined aquifers like the one at the
Milliken Pit the ground water is under atmospheric pressure at the water table and ground support can
be expected to come from the soil structure and not the pore water. As such,sattementfaslia r�esytvlgiof
teTh ware .a is no el to ause e t o e +There have been no reports of settlement or
damage to structures resulting from any of the dewatered gravel pits in Colorado. In order to be
protected from.damage claims, the Operator may want to undertake pre-mining surveys of structures
within 500 feet of the pit to document the condition of foundations,walls, window and door frames.
This survey should be conducted in accordance with standard practice for pre-blast surveys as
established in Bureau of Mines and Office of Surface Mining guidance documents. The pre-mining
survey will not be made a requirement of the reclamation permit.
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Legislative Declaration in
Section 34-32.5-102 of The Colorado Land Reclamation Act for the Extraction of
Construction Materials
States That:
(1) It is declared to be the policy of this state that the extraction of construction
materials ankt the,reclamation„of land affected_by such extraction are both
necessary prom:ro ne.r.activities.
e the policy of this
further declared to b
state that both such activities should be and are compatible; It is the intent of
the general assembly by the enactment of this article to_fosteLand_encourage
the development of an economically sound and stable mininng anand construction
materials.industry an to encourage the orderly_development of the„state's
natural resources,while requiring those persons involved in mining operations
to reclaim land affected by such operations so that the affected land may be put
to a use beneficial to the people of this state. It is the further intent of the
general assembly by the enactment of this article to conserve natural resources,
to aid in the protection of wildlife and aquatic resources, to establish
agricultural, recreational, residential, and industrial sites, and to protect and
promote the health, safety, and general welfare of the people of this state.
/e.".
(2) The general assembly further declares that if is the intent of this article to
require the development of a mined land reclamation regulatory program in
which the economic costs of reclamation measures utilized bear a reasonable
relationship to the environmental benefits derived from such measures. The
mined land reclamation board or the division, when considering the
requirements of reclamation measures, shall evaluate the benefits expected to
result from the use of such measures. It is also the intent of the general
assembly that consideration be given to the economic reasonableness of the
action of the mined land reclamation board or the division. In considering
economic reasonableness, the financial condition of an operator shall not be a
factor.
(3) These Rules shall apply to all operators of existing mining operations that
extract construction materials only, as defined in the statute, and to all new
operations that engage only in the extraction of construction materials.
L
vi fir) 40
^ GENERAL RESOURCES
( GENERAL RESOURCES In this plan, General Resources has been divided I
into two subcategories: Commercial/Mineral
This section has been developed in conformance Resources,which cover those minerals under Title
with Title 34, Article 1, Section 304, CRS. The 34, and oil and gas minerals detailing oil and gas
Comprehensive Plan is intended to provide production in Weld County.
appropriate goals and policies to utilize the County's
mineral resources ensuring that adverse Commercial/Mineral Resource Deposits Goals
environmental effects resulting from surface mining and Policies
operations are minimized. Weld County recognizes
that mineral resource extraction is an essential lC««,IyIf,G.ol
industry. The availability and cost of materials such Conserve lands which provide valuable
as sand and gravel has an economic affect on the natural mineral deposits for potential future
general construction and highway construction use in accordance with Colorado State Law.
industry.
CM.Policy 1
In some instances, sites containing significant recess o Lure , ' eral esou ce develo• ..ent
quantities of mineral deposits are located in areas areas .o d •e •n ere• a 1 I .d e
characterized by other land-uses and natural (deci io^_�s in accordance with Colorado State
resources. Because the uncontrolled operation of a Law. `o aBrC+aT'd•tygoue eratalair ity
mine site has the potential for adversely affecting wlhich "icon trol ove iug shat by in
surrounding land-uses, roads, residents, and the Aweigh-g 4 a varianee,or other o c al
environment,a specialized use permit is required in actionllor �r aarto er ut tfie use oMM.Eat
accordance with the Weld County Zoning kno�wnt„o �imlaicerat aalireralrf p®"sit
Ordinance. n(alitrian a r>o we "=1 terterawirt the114`
ipmentittraftWilintletitilitatimadmiattby
As of 1987, the mineral resources known to be an extractor.
located in Weld County include sand and gravel,
coal, and uranium. The maps at the end of this CM.Goal 2
document illustrate the wide distribution of �rtoatrefe=t fg ly
minerals within the County. These mineral deposits ld!eneiopjmen of river a ri_,pyuirces.
vary greatly in quantity and quality.
CM.Policy 2
Most of the high quality sand and gravel deposits in The operation of a mine site in unincorporated
Weld County are found along major drainage,either Weld County shall be subject to obtaining a
under the floodptains or in adjacent stream terraces. Use by Special Review permit in accordance
Some lower quality deposits are found in older with the Weld County Zoning Ordinance.
alluvial deposits. Aeonian sand deposits can be
found in some upland areas. A major portion of CM.Goal 3
Weld County is underlain with coal. This coal Minimize the impacts of surface mining
forms a portion of the Boulder-Weld field,which is activities on surrounding land-uses, roads,
included in the Denver Basin coal region. Portions and highways.
of Weld County, north of Colorado State Highway
14,have been tested and have shown occurrences of CM.Policy 3
uranium deposits. Currently, there are no An application for a mine site located within an
producing uranium mine sites in the County. Urban Growth Boundary Area,Unincorporated
Commercial and Mineral Deposits Community,1-25 Mixed Use Development area
C 6-5 M
-i; I I
GENERAL RESOURCES
and Urban Development Node,or Agricultural acceleration lanes,deceleration lanes,common
Area should be reviewed in accordance with access collection points, signalization, and
the goals and policies of the area in which the other traffic improvements shall be required
application is located. wherever necessary to mitigate traffic impacts
caused by the mining activity. Applications for
mining should also be reviewed in accordance
Minimize hazardous conditions related to with the transportation goals and policies;
mining activities and the mining site.
CM.Policy 4.5
CM.Policy 4 Requiring, where possible, that batch plants
In reviewing the operational and reclamation and processing equipment be buffered from
plans for a mining operation,the County should adjacent uses.
impose such conditions as necessary to
minimize or eliminate the potential adverse CM. Policy 4.6
impact of the operation on surrounding Requiring that security fencing be erected and
properties. This should include: maintained around extraction sites, as
necessary,to minimize the attractive nuisance
CM.Policy 4.1 hazards inherent in operations located near
Requiring the location and design of excavated urban uses;
areas,structures,machinery,equipment storage,
and stockpiling of mined materials to be CM. Policy 4.7
compatible with surrounding land-uses in terms Requiring mining operations to use warning
of:general use,scale,density,traffic,dust,and signs,fences,guards,lighting,and other means
noise; .. to warn and protect people from mine site
hazards such as steep slopes,holes,ponds,and
CM.Policy 4.2 heavy equipment;
Maintaining roadside and perimeter vegetation
and setback requirements which serve to shield CM.Policy 4.8
mining operations including storage of Ensuring that all mining operations conform to
equipment,stockpiled soils and materials from federal, state, and local environmental
public view; standards; and
CM.Policy 4.3 COSAIn
Requiring that access roads to and within the Provide for timely reclamation and re-use of
site be located in a manner which minimize mining sites in accordance with the
traffic impacts on surrounding land uses; Comprehensive Plan, Subdivision and
Zoning Ordinances.
CM.Policy 4.4
Requiring the land-use applicant to demonstrate
to the satisfaction of the Board of CM.Policy 5
Commissioners that the street or highway The County should consider the potentially
facilities providing access to the mining activity adverse environmental effects of mining
are adequate in functional classification,width, operations and generally require:
and structural capacity to meet the requirements
of the proposed mining activity. Internal road CM.Policy 5.1
circulation,off street parking, dust abatement, Disturbance of vegetation and overburden in
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I
^ GENERAL RESOURCES
( ' advance of mining activities should be despite a partial preemption by the State acting '
minimized; through the Colorado Oil and Gas Conservation
Commission. No court has actually heard evidence
CM. Policy 5.2 and reviewed a set of local regulations to determine
Topsoil should be saved and utilized in site exactly where conflicts arise between the State
reclamation; statutory purposes and local regulations and there is '
still debate as to what standard the Court should
CM.Policy 5.3 actually apply in determining conflicts.
All reasonable and practical measures should
be taken to protect the habitat of fish and Oil and Gas Goals and Policies. 1
wildlife;
OG.Goal 1
CM.Policy 5.4 Oil and gas exploration and production
The operation should comply with County should occur in a manner which minimizes
flood hazard and geological hazard regulations; the impact to agricultural uses and the
environment and reduces the conflicts '
CM.Policy 5.5 between mineral development and current
The final reclamation of the mine site should and future surface uses.
return the land to a form and productivity that
is in conformance with the established OG.Policy 1
comprehensive plan for the area; Weld County should encourage cooperation,
and coordination and communication between
CM.Policy 5.6 the surface owner and the mineral
("1 The operator will maintain the reclaimed mine owner/operators with respect to any
site until it has been stabilized and vegetation is developments of either the surface or the
re-established;and mineral estate;
CM.Policy 5.7 OG.Policy 1.1
Trucking operations dealing exclusively in the New planned unit developments or
transport of mined materials may be permitted subdivisions should be planned to take into
on the mine site when incorporated in the account current and future oil and gas drilling
operational plan for the mining operation. activity to the extent oil and gas development
can reasonably be anticipated;
Oil and Gas Deposits
Oil and gas development in Weld County is an • OG.Policy 1.2 I
integral part of the Weld County economy and has Oil and gas drilling activities should be planned
a substantial direct and indirect impact on current to take into account current and future surface
and future land use. Oil and gas development is planned unit development and subdivision N
cyclical but the economics of drilling has caused activities to the extent such development can
extensive drilling activities in Weld County. The reasonably be anticipated.
area of the most intensive recent drilling activitiesIll
coincides, to a large part, with prime irrigated OG.Policy 1.3
farmground. Recent developments in case law and Weld County will seek the imposition of
statute have made it clear that counties have some protective measures through available state,
land use authority over oil and gas development county, and federal regulations to ensure that
r 6-7 I
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1441 Itt en)
ARTICLE V. CONSERVATION DISTRICTS (CD' s)
•
Section 5-1. Purpose .
The Conservation District (CD) zone is provided for in
this code in order to include a zoning classification for land
which lies within floodplains and for land containing commercial
mineral deposits .
Section 5-2 . Conservation District (CD) uses .
(a) Uses by Right. The uses by right in the CD
district are :
(1) The cultivation of vegetables , trees, plants,
and flowers and the raising of livestock so
long as no permanent structures are present
and so long as no restrictions now in force
or hereafter enacted , on the raising of live-
stock in the town would be violated;
(2) Public parks and golf courses , not including
permanent buildings or structures ; _
(3) Holding ponds and other structures for flood •
control and watershed protection :
(4) Commercial mineral extraction activities , so
long as permits have been issued and so long
as the activities are in compliance with •
the conditions of the permits .
(b) Uses by Review. The uses by review in the CD
district are :
(1) Dwellings for caretakers ;
(2) Permanent buildings and structures accessory
to any uses by right;
(3) Radio towers ;
(4) Sanitary landfills developed and maintained
according to all standards and requirements
of state law.
(c) Required .Minimum Setbacks . All buildings and
structures shall have required yards with dept dimensions
. determined by taking into account whether the building or structure
will be used for residential, commercial or industrial Purposes.
Section 5-3 . Permits for commercial mineral extraction activities .
(a) Ho commercial mineral denosit shall be extraced
unless the extractor , as that term is defined in section 3 of
Article I of
-31-
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•
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ARTICLE V. CONSERVATION DISTRICTS (CD' s)
Section 5-1. Purpose .
/Th
The Conservation District (CD) zone is provided for in
•
this code in order to include a zoning classification for land
which lies within floodplains and for land containing commercial
mineral deposits.
Section 5-2 . Conservation District (CD) uses .
•
(a) Uses by Right . The uses by right in the CD
district are :
(1) The cultivation of vegetables , trees, plants ,
and flowers and the raising of livestock so
long as no permanent structures are present
and so long as no restrictions now in force
or hereafter enacted , on the raising of live-
stock in the town would be violated;
(2) Public parks and golf courses , not including
permanent buildings or structures ;
(3) Holding ponds and other structures for flood •
control and watershed protection ;
(4 ) Commercial mineral extraction activities , so
long as permits have been issued and so long
as the activities are in compliance with •
the conditions of the permits .
•
(b) Uses by Review. The uses by review in the CD
district are :
•
(1) Dwellings for caretakers ;
(2) Permanent buildings and structures accessory
to any uses by right;
(3) Radio towers;
(4 ) Sanitary landfills developed and maintained •
according to all standards and requirements
of state law. •
(c) Required Minimum Setbacks . All buildings and
structures shall have required yards with dept dimensions
. determined by taking into account whether the building or structure
will be used for residential, commercial or industrial purposes.
Section 5-3 . Permits for commercial mineral extraction activities .
(a) Ho commercial mineral deposit shall be extrac':^d
unless the extractor , as that term is defined in section 3 of
Article I of
•
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Weld County Planning and Zoning Department November 16, 1999
1555 North 1t Avenue
Greeley, Colorado 80632
Dear Planning and Zoning Department:
We wrote you in June, 1999 to express our opposition to development of the location known as Milliken Site
Loveland Ready Mix Concrete (case number USR=1237) as:a gravel mine and concrete batch plant. We
voiced a wide range of concerns about negative impacts on the-neighborhood that we believe such an
operation would cause. We are writing again to acknowledge Loveland Ready Mix's considerable effort to
mitigate our concerns.
Loveland Ready Mix,has promised, in writing, to take ten steps to reduce negative impacts on the
neighborhood, some of which will actually improve the area, such as raising the height of Weld County Road
4834 and installing drainage control gates for under road culverts. These steps would help reduce periodic
flooding of our propeity during minor run-off events,which occur approximately every ten years.
Steve Fancher, our contact person at Loveland Ready Mix, has tried admirably to accommodate our concerns
and we believe that Loveland Ready Mix would be as good a neighbor as a gravel mine and concrete batch
plant could be. However: we still oppose this type of industrial operation in our neighborhood, because of the
following problems, which probably cannot be avoided: •
• Neighborhood changes from quiet residential/agricultural setting to busy commercial/industrial one, with
residential property values in the area dropping as a result
• Noise from mining and operating from early in the morning until late evening, six days a week
• Lots of large truck traffic rumbling past our home on the narrow county road, noisily accelerating up and
decelerating down the S.H..257 hill, slowing traffic in both directions
If Weld County approves the permit for Loveland Ready Mix, we believe the county should commit to ensuring
the following occur
• Establishment and enforcement of 25 mph speed limit on the paved portion of WCR 48%
• Collaborate with the State of Colorado to build uphill acceleration and south bound turnout lanes on S.H.
257
These steps are necessary to further mitigate the negative impact on the area from an operation such as that
proposed by Loveland Ready Mix, but are dearly beyond the ability of the applicant to implement by himself.
Re ,
D viol an athryn Terrell
9836 W.C.R. 48% J'
Milliken, Colorado 80543
(970) 587-2477
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