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HomeMy WebLinkAbout20003337.tiff 6 TO: George Baxter ' FROM: Lee D. Morrison, Assistant Weld County Attorney CDATE: March 14, 2000 COLORADO SUBJECT: (EP27f) v v *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 The Zoning Resolution is no longer in effect so any interpretation which allowed the temporary use under that document would no longer be relevant.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, • located on the following described property: • 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 tf.-- /."' County Attorn y -2- • c e. c 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. jsm 11.11.111111 iiiig File illiMiiojiioIIIIII gat o s O 7'on-i ee Flvret Wo Pic ! /,,; 'n- ( o/ 6"+'t+^+-../t-4 /!•?i✓/,/16 Od'(,,- -.,: ( SUt, 77Z) , Cvr7nCv!" 014--el ` .., A ,c,-'r', ti for-, /"on rcrr {,,.t . 4ir,r$. ,a,≤/ r /Ft?✓/SEv'r / /9 / 7"sill y. 16'4 C CH /2c J4-ter T (RSnNr7C 7/cc rn T.) ik-vis /1/9/7406-6-0, , roLc-Po --70-7- cocr^ : c 7714(7' r.r,,;CC f S' 7 f- ,n f G /- ' 7 v�R/1( : 4.,r' Jr( /IC ,( el"re--;C) t (40.1./' r •..r.4✓ Zr) lor? .1-0,1€ r 1t S o.cr. ,ee- yf3'?- 6ylq in,'7,1, '9G - f1 GS , l '(-14%7 - /An ,p /r/rt 5 /M( e ::e,-,0 G✓c y 710 Are': e;< n C 1111.5 C 3t- t/l''J Z7Z /4'J4'4 (('t. ///G, .«.'' -.•M', , 7 of 's✓?✓ : ,en ai/ ''t Y T 4g r, /go"!ft) ff`'CC 3 C/a'tr11/✓I6 I<.✓C. pi CC. (on'/rge, 7 .e .S it ?O a- 9 Ji('C✓ A40.7(-"` / cis./ - 7277 Cr f C- 2 V c,oearcO AreC- - e•r•eeeo 1. cnrt ern r ro /*Qv' co/src-✓) Kf Con OJ C/O MOT ,,.-7 O, e fr'2 i Cr 50P 2.�Z /4Jlf, it ti;? ,'sin'? e r ct-' ,'c.r it , G�/C✓t ?_ /e7 'AY/if , /r i4 (Fol./4- O Qe6ln sorcH f± ef i 7 r�. c...,„/�.}E, 't". u�(/� i_ - .,/..,,/ /rj(C-:l�J aa1fl r:R('C lf _ �-/'Fr _or �/ 1 /J /:: ` err6 //(- C )L-,e\ .^I"._,,/,^ Oil "; • C(/(w1 v"1P,A'�' -rI-r ( 1 fin f!? !C.; /Qr., S r I ( / o,o° .4._ s t'(• , p r,JC w- re - cwLy 5--,.,/ ? � (E,(/,.on . �+4C Cc nS ,„ r' { i ZIP OD \ c .'' ' , � 4 / I K. rM I `wJV a r UI ICs s.. • / • br . C\ r fj"N .sici $� f/ r 5 N rf �^ e4 ( w W 1v \\\\ �,.. u ,N\\'‘ C Z. \ \� • • • 41444j \ -• VA e ---- >1 L i i i COUNTY ROA rt ' 35 (35TH AVENUE.T._,.....- i 61.) 4 .s (1.5') IIP4 4 Ni...) 1 {I I c� 1 - 1 r • STATE OF !oLoo Roy Romer,Governor •cot Patti Shwayder, Executive Director �� .T Dedicated to protecting and improving the health and environment of the people of Colorado H 7 *TS' * r, 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 • 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 • 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 f,, _, 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 C?L~AS'_ '4.!':.:T _ 'CAR r.,.-o!;T `;tU? 7R 04; YrAlE_LH rL_IL.:N"[�rr ?*nEcR CEcnTT) � y � ice..;_.�.�F3_ i1�.JLi_ L.."..• --- ------ CUT 112:1E - --- pp = 33 1* C"EL�i':I T NUMi:.:?: CO-0700072 1 3 I14.6 FOCI(' Itrr. • ) 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'''' Hello