HomeMy WebLinkAbout20003337.tiff 6
TO: George Baxter
' FROM: Lee D. Morrison, Assistant Weld County Attorney
CDATE: March 14, 2000
COLORADO SUBJECT: (EP27f)
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*The file # for Clerk to the Board is PL 1150; the original applicant was Weld County; it was transferred
to Feit and mining done by Goodell Brothers. I can find nothing to indicate batch plants of any kind were
approved in the SUP.
*There is an interesting memo from planning dated after approval of the permit where it was discussed
what would be needed to add a temporary mobile asphalt batch plant but no indication such a use was
ever authorized. The Zoning Resolution is no longer in effect so any interpretation which allowed the
temporary use under that document would no longer be relevant. The current Zoning Ordinance and the
SUP would have to be evaluated by planning to determine if a concrete batch plant could be located
there.
/ J
Lee D. MorrisonD. Morrison
Assi tant Weld County Attorney
attach: SUP
xc Planning, Bruce Barker
/3/4/07.9/O
P� ii5o
RESOLUTION
RE: TRANSFER OF SPECIAL USE PERMIT - No. 272:74:35 TO HERMAN
D. FEIT
WHEREAS, on April 28, 1975, the Board of County Commissioners
Weld County, Colorado, approved Special Use Permit No. 272-74-35
for a gravel pit operation in the name of Weld County, Colorado,
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located on the following described property:
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That part of the West Half (W1) of the Southeast Quarter(SE4)
of Section 26, Township 6 North, Range 66 West of the 6th
Principal Meridian, Weld County, Colorado, lying south of
County Road No. 64 as the same is now situated; and that part
of the West Half (WI) of the East Half (E1/2) of the Southeast
Quarter (SE3a) of Section 26, Township 6 North, Range 66
West of the 6th Principal Meridian, Weld County, Colorado,
lying South of County Road No. 64 as the same is now situated,
and being more particularly described as follows:
Beginning at the Southeast Corner (SE Cor) of said Section
26 and considering the South line of the Southeast Quarter
(SE:) of said Section 26 as bearing North 89°23'50" West
with all other bearings contained herein being relative thereto;
Thence North B9°23'50" West along said South line, 671.66
feet to the True Point of Beginning;
Thence continuing North 89°23'50" West along said South line,
2014.98 feet;
•
Thence North 00°04'09" East, 1232.01 feet to the Southerly
right-of-way line of said County Road 64;
Thence along the Southerly right-of-way line of said County
Road 64 by following four (4) courses and distances:
South 87°26'33" East 1316.18 feet;
South 81°08'12" East 203.57 feet;
South 75°39 '38" East 351.80 feet;
South 71°11'57" East 114.05 feet;
Thence South 00004'31" West 1037.00 feet to the True Point of
Beginning.
Said edscribed parcel of ground contains 54.617 acres, more or
less, and,
WHEREAS, the Board of County Commissioners now wishes to
transfer that Special Use Permit for the operation of a gravel
pit operation on the above described site to Herman D. Feit, and,
WHEREAS, Herman D. Feit has completed the required application
for a Special Use Permit for a gravel pit operation, and,
WHEREAS, the Board of County Commissioners finds that this
transfer will be in the best interest of Weld County,
NOW, THEREFORE, BE IT RESOLVED, that Special Use Permit
No. 272:74:35, be and hereby is transfered from the name of Weld
County, Colorado to the name of Herman D. Feit subject to all of
the Development Standards listed on the Recorded Special Use Permit
Plat, located in Book 741, Reception Number 1663334 of the records
of the Weld County Clerk and Recorder, with the exception that
Development Standard No. 6 located on sheet two of three of the above
described Recorded Plat be amended to remove the requirement that
I" ' all gravel extracted will be used within the boundries of Weld
1 County.
760406
The above and foregoing Resolution was, on motion duly
made and seconded, adopted by the following vote on the 15th
day of December, 1976.
-n1 �itA � BOARD OF COUNTY COMMISSIONERS
ATTEST: f•Ww� WELD COUNTY, COLORADO
Weld County Clerk and Recorder,and Clerk to the Bo
Deputy Coun Clerk \/ L3 -p-11',(
APPROD AS TO FORM;
L.
County Attorney
RESOLUTION
WHEREAS, a public hearing was held on April 28, 1975, in the
chambers of the Board of County Commissioners, Weld County, Colorado,
for the purpose of hearing the petition of Weld County Colorado, a municipal
corporation, requesting permission to locate a gravel pit operation on the
following described property, to-wit:
That part of the West Half (W4) of the Southeast Quarter (SE 3)
of Section 26, Township 6 North, Range 66 West of the 6th
Principal Meridian, Weld County, Colorado, lying South of
County Road No. 64 as the same is now situated; and that part
of the West Half (W4) of the East Half (ED of the Southeast
Quarter (SE3) of Section 26, Township 6 North, Range 66
West of the 6th Principal Meridian, Weld County, Colorado,
lying South of County Road No, 64 as the same is now situated,
and being more particularly described as follows;
Beginning at the Southeast Corner (SE Cor) of said Section
26 and considering the South line of the Southeast Quarter
(SE3) of said Section 26 as bearing North 89°23'50" West,
with all other bearings contained herein being relative thereto;
Thence North 89°23'50" West along said South line, 671.66
feet to the True Point of Beginning;
Thence continuing North 89°23'50" West along said South line,
2014.98 feet;
Thence North 00°04'09" East, 1232.01 feet to the Southerly
right-of-way line of said County Road 64;
Thence along the Southerly right-of-way line of said County
Road 64 by the following four (4) courses and distances:
South 87°26'33" East 1316. 18 feet;
South 81°08'12" East 203. 57 feet;
South 75°39'38" East 351. 80 feet;
South 71°11'57" East 114.05 feet;
Thence South 00°04'31" West 1037.00 feet to the True Point of
Beginning.
Said described parcel of ground contains 54. 617 acres, more or
less, and
WHEREAS, the petitioner was present, being represented by its
three members of the Board of County Commissioners of Weld County,
Colorado, namely Glenn K. Billings, Chairman; Roy Moser and Victor
Jacobucci, and also represented by County Attorney, Samuel S. Telep, and
WHEREAS, there was no opposition to the request of petitioner for
the location of said gravel pit operation, and
WHEREAS, the said requested gravel pit operation is located in an
agricultural zone as set forth by the Weld County Zoning Resolution, and
WHEREAS, according to Section 3.3(8) and Section 6. 1(3) of the
Zoning Resolution of Weld County, said gravelpit operation may be authorized
upon the approval of the Weld County Planning Commission and the Board of
County Commissioners of Weld County, and
WHEREAS, the Board of County Commissioners heard all the testimony
and statements of those present; has studied the request of the petitioner and
studied the recommendations of the Weld County Planning Commission and
having been fully informed;
PL 115O 750433
NOW, THEREFORE, BE IT RESOLVED, by the Board of County
Commissioners, that the application of Weld County Colorado, a municipal
corporation, to locate a gravel pit operation on the premises indicated above
be, and it hereby is granted under the conditions following:
1. That any water and sanitation facilities to be installed shall be
approved by the State Health Department.
2. That the owner, contractor, or operator, prior to opening any
pit, shall submit location of pit, owner's name, and description of pit oper-
ation to the Weld County Engineer, and shall submit complete unit develop-
ment plans for each gravel pit approval by the Weld County Planning
Commission and such unit development plan shall be filed in the office of
the Weld County Clerk and Recorder.
3. That petitioner shall proceed with due diligence to effect con-
struction of said gravel pit operation and that he shall have up to one year
from date hereof to begin the construction of same; otherwise, the Board
may, for good cause shown, on its own motion, revoke the permit herein
granted.
4. That the operation and development of each gravel pit excavation
and rehabilitation shall be in accordance with the rules and regulations for
the operation of gravel pits as adopted by Weld County, Colorado.
5. That all applicable subdivision regulations and zoning regulations
shall be followed and complied with in accordance with the Zoning Resolutions
of Weld County, Colorado.
Dated this 30th day of April, A.D. , 1975.
BOARD
OF COUNTY COMMISSIONERS
WE COUNTY, COLORADO
• tike /2---Adage*
ATTEST: Ace-
Weld "
y
County Clerk and Recorder
and Clerk to the Board QCry /f�P
/ Deputy Cooney Clerk
APSROVED AS TO FORM
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/."' County Attorn y
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rnEmoRAnDun
Illi /1►. To Glenn K. Billings one June 13, 1975
COLORADO p.mAnne Moore/Zoning Inspector
Mobile Asphalt Plant
Subject'
There appears to be two possible ways to permit a mobile asphalt plant in
an Agricultural District. The first way is to utilize the usual Special Use
Permit. However, from our earlier conversation, it would seem that the sixty
to ninety days required for a S. U. P. are inappropriate for the intended
mobility of the plant.
Section 3.3 C(2)a. of the Zoning Resolution reads:
2. The following may be operated as uses by temporary permit and need not be
enclosed within a building:
a. Temporary construction yard or building for construction materials
and equipment, mobile home for office use, and concrete batch plants,
incidental and necessary for construction in agricultural zone dis-
tricts. Each permit shall specify the location of the building,
mobile home office, yard or batch plant. No area more than two
miles distant shall be served by such temporary building, mobile
home office or yard. Each permit shalt be valid for a period of
not more than six calendar months and may be renewed for three
successive six-month periods at the same location.
There are several questions that need to be referred to the County Attorney.n r or 1. Is
asphalt
plantstand batchsplantsoareali batch
to a stedunderplant?
Section 3.3 E(4):
4. The following uses are permitted upon the granting of a special
use permit by the Board of County Commissioners:
b. Asphalt plants
c. Batch plants (concrete)
2. Would the asphalt plant be "incidental and necessary for construction in
agricultural zone districts"?
3. Would any area more than two miles distant be served by the asphalt
plant?
Question #3 is probably the most limiting requirement for the Temporary
Use Permit. The Zoning Resolution specifically states that "no area more
than two miles distant shall be served by such temporary building, mobile
home office or yard."
Mr. Billings
June 13, 1975
Page 2
A conference between staff in this office and the County Attorney should
probably be arranged to discuss which type of permit would be applied for to
operate a mobile asphalt plant. Please notify me as to how the County
Commissioners wish to proceed in this matter.
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COUNTY ROA rt ' 35 (35TH AVENUE.T._,.....-
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• STATE OF !oLoo
Roy Romer,Governor •cot
Patti Shwayder, Executive Director ��
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Dedicated to protecting and improving the health and environment of the people of Colorado H 7 *TS'
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ooti4300 Cherry Creek Dr.S. Laboratory and Radiation Services Division
Denver,Colorado 80222-1530 8100 Lowry Blvd. *476 4-
Phone(303)692-2000 Denver CO 80220-6928 --
(303)692-3090 Colorado Department
of Public Health
and Environment
September 15, 1997
R. Richardson
River Valley Rock
P.O. Box 967
Greeley, CO 80632
RE: Certification, Colorado Wastewater Discharge Permit System:
Permit Number: COG-500022 , River Valley Rock, Weld County
Dear Mr. Richardson:
Enclosed please find a copy of your certification which was
issued under the Colorado Water Quality Control Act. You are
legally obligated to comply with all terms and conditions of the
permit and certifications.
Please read the permit and if you have- any questions contact
Marla Biberstine at 692-3597 .
Sincerely,
Hege , Permits Unit Manager
Water Qua ' y Protection Section
Water Quality Control Division
xc: Permit Team, Environmental Protection Agency
Regional Council of Government
Local County Health Department
District Engineer
Enclosure
o'?RADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, Water Quality Control lion
tale - Page 2. Permit No. COG-500000 •
This will eliminate the need for coverage under more than one permit for most such facilities. However, as discussed in
Section V.A.2.a of the Rationale, some facilities may wish to apply for an individual permit instead, in order to take
advantage of some federal effluent guidelines not included here. Additionally, as discussed in Section III.B of the Rationale,
the Water Quality Control Division of the Colorado Department of Public Health and Environment (the "Division") retains
the authority to require any facility to be covered under an individual permit.
COVERAGE UNDER THIS PERMIT
A. Industrial Categories
The type of facilities covered by this permit includes all mining and quarrying of nonmetallic minerals, except fuels.
This is the description of Standard Industrial Classification (SIC) Code 14. The permit includes these categories due
to the addition of stormwater provisions. Also, stormwater from asphalt and concrete batch plants located at sand and
gravel operations is included here, due to their similarity to the covered mines in pollution potential, and their
function as an adjunct to the mine operations. (The definition of asphalt and concrete batch plants can include the use
of recycled asphalt or concrete.) The categories include:
tde Industry Type SIC Code Industry Type
Dieter:Oa stone
arid°?Token stbne 148 Xoemr yryic , except fuels
(oven iianovat•sr*wig. ,etc.)
a4 P
north rave`" 149 NIXw�Urr rrlatt� t
Cla�b" rY mineraLF except
. �
ACsphaal ltand
*Wirer mineral minim 3273 gr � (iir. e,' etc.)
e batch plants
caner hatch p&mxst
B. General vs. Individual Permit Coverage
Any owner or operator authorized by this permit may request to be excluded from the coverage of this permit by
applying for an individual CDPS permit. The owner or operator shall submit an individual application to the
Division, with reasons supporting the request.
Alternately, if, after evaluation of the application (or additional information, such as the SWMP), it is found that this
general permit is not applicable to the operation, then the application may be processed as one for an individual
permit, or a more appropriate general permit. The applicant will be notified of the Division's decision to deny
certification under this general permit.
C. Exemptions for Small Municipalities
The Intermodal Surface Transportation Efficiency Act of 1991 Section 1068(c) added an exemption to the stormwater
regulations for municipalities with less than 100,000 population. The term "municipality"includes cities, towns,
counties, special districts or any entity created by or pursuant to State law.
Stormwater discharges associated with industrial activity (except for airports, steam electric power plants, or
uncontrolled sanitary landfills), that are owned or operated by a small municipality are not required to apply for or
obtain a stormwater permit at this time. (Note: This exemption does not apply to other, privately owned industries
within the same small municipality.)
These facilities are not permanently exempted from the regulation, but are instead placed in Phase II of the
stormwater program. The Division and EPA are not pursuing permits for Phase II facilities, including small
municipalities, until further rulemaking is completed. It is possible that coverage will be required at some future date.
a4UG
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2PC P-oD DIN - q/, 9' ADD. IYEFA, T'�' T:NT or 14, ELI � RUN DATA
NAME.- T ^ ,j t �}
r OEOUGTIONS i
NDURAT!-I �TOYAIB - .1 r I�TTYCC�ltIRiC TI L'ITn,ICM ael77,76 ^T 11 : 1jr..;,�A+_ _—"T "�- yI� 1_. k ZCUTH D fl `:., D-'N'il:.:."., C^ ^=??-15.O
WITMNOLDNJO I ' pia t`i_-: .5iL-2 r r'INC 7Al- T -�---L _
STATE SALARY OR WAGE
INC.TAX ___ �{ c
1 TL,XC[ARIJINGS 2 Oi?M•ul e.N OF F .7 S
i..— -. _WAT , -f I.. nT),-s PERMIT
DEDUOTION9 1: j L H M f'• J
i N 1.AT 0- d3Si 038al1 ,�T '7r 1 ?�6
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r" _ FACILITY TYi: ;iEN 2AL PERMIT
_____ .- SANG ANC IAVFL
EMPLOYEE'S STATEMENT •
I_•,TOTAL•IL, DETACH AND RETAIN
.__ _ ... R.. ,.. .. 2, „.*“0 INC.•1 I B l 7' i! oqf
t'r'J�i t L T :c. ;I C H, .I'�.� :t1 I8 Z t7I-e
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P.G. <<ax 11C 3�
ui,_ L _Y, CO 1,- -1NQ
:e.1 r7 CHARC : 1MCUMT
ANNUAL AJMIi1IZT ATICt Ft_.: P!L 1 , 1936 THFU ,JU 7C. 1777 1'5.n0
r?TAL CHARGES DV: U7/91 /21 1'!.t)9,
E CHECKS PAYIU L 1 It:
. CCLCADC C.:FT OF H,-: LTN , ri:FA TMENT 4410
.y 4-33!' LLI:L.- if X 7.^ _ 2 %iUIN r "I1111.4 ilFt d :7'_iL_1L7s:i.2a=St
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C"EL�i':I T NUMi:.:?: CO-0700072
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• ) 6AEELEYs Co 10521 _____
•
DICKSON AND DICKSON, P.C.
ATTORNEYS AT LAW
821 9TH ST., SUITE 101
GREELEY, COLORADO 80631
PHONE(303)356 5666
June 2, 1989 RECEIVED
CHARLES BROWN DICKSON
JANET MEYER DICKSON
DEC 71989
MINED LAND
RECLAMATION DIVISION
Mined Land Reclamation Division
1313 Sherman Street, Roan 215
Denver, Colorado 80203
Re: Release of Bond M-77-522
Dear Sirs:
R: ' mineral
r
Goodell Brothers, Inc. is transferring its sand and gravel
, lease release the Bond filed with you t , Inc. which was issued by
U.S.F.&.G. Insurance Company, titled Reclamation Band Numbered 19-0130-00381-
78-7 through Flood & Peterson Insurance, Inc. as broker in Gideley, Colorado.
That Bad should be released back to this office for delivery to az clients,
- .Goodell Brothers Inc. The amount of the Bond is $14,000.00. Successor
Operators and/or Permittees are filing their own Financial Warranty and
Corporate Surety in replaca[iernt thereof.
Thank you for your attention in this matter. If there are any
questions„ please don't hesitate to call.
Sincerely, /� (►
Charles B. Dickson
CDR/dnc
cc: Connell Brothers, Inc:' .
. of cod
Nil) / O
RICHARD D. LAMM Q/ -�'A\� 0 C.J. KUIPER
Governor W 0 State Engineer
•
/ate
DIVISION OF WATER RESOURCES
Department of Natural Resources
1313 Sherman Street - Room 818
Denver, Colorado 80203
Administration (303) 892-3581
Ground Water 1303) 892-3587
January 16, 1978
MEMORANDUM
TO: HARRIS D. SHERMAN, SECRETARY, MINED LAND RECLAMATION BOARD
FROM: DR. JERIS A. DANIELSON, DEPUTY STATE ENGINEER
SUBJECT: HERMAN FEIT PIT, WELD COUNTY, APPLICATION FOR MINING AND
RECLAMATION PERMIT
As requested by your office, we have reviewed the application for a gravel
pit near Greeley. Exhibit D states that "all waste water or processing
water will be returned to the dredge pond. " What is the source of the
processing water? How much water will be required for this ourpose and any
other purposes -- dust control , sanitation, irrigation , etc. -- during this
operation? Exhibit G estimates evaporation losses from the reclamation
ponds at 54 acre-feet/year. These losses will have an immediate, detrimental
effect on downstream water users along the Cache la Poudre and South Platte
Rivers. The applicant does not intend to prevent injury to these water
rights as part of the reclamation plan, and we cannot recommend approval of
this application until the Board receives additional information concerning
these questions.
•
J ris A. Danielson
JAD/SSH/pjl
cc: W. G. Wilkinson, Div. Eng.
Robert Samples, W.C.
Weld County Planning Dept. v''''
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