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Home My WebLink About831150.tiff qb S RESOLUTION OF THE WELD COUNTY PLANNING COMMISSION Moved by Jack Holman that the following resolution be introduced for passage by the Weld County Planning Commission. Be it Resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR - 592:83:55 NAME: Weld County Engineering Department ADDRESS: 933 N. 11th Avenue, Greeley, CO 80631 REQUEST: A Use by Special Review Permit for a dry open cut gravel pit LEGAL DESCRIPTION: Pt. SW4, Section 5, T11N, R57W of the 6th P.M. , Weld County, Colorado LOCATION: North of Weld County Road 132 and east of Weld County Road 135 be approved for the following reasons: 1. The submitted materials are in compliance with application requirements of Section 25.7, 44. 1, 44.2, and 44.3 of the Weld County Zoning Ordinance. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 25.8 et seq. of the Weld County Zoning Ordinance as follows: - Reasonable efforts have been made to avoid irrigated cropland or to minimize the impacts on such lands in those cases where avoidance is impractical. No irrigated cropland exists on the subject site; - The facility will not have an undue adverse effect on existing and future development of the surrounding area as set forth in applicable Master Plans. The existing and future uses are intended to remain agricultural according to the Weld County Land Use Plan Map; - The design of the proposed facility and Operation Standards mitigate negative impacts on the surrounding area to the greatest extent feasible; - The site shall be maintained in such a manner so as to control soil erosion, dust, and the growth of noxious weeds; - The applicant has agreed to implement any reasonable measures deemed necessary by the Planning Commission to insure that the health, safety and welfare of the inhabitants of Weld County will be protected and to mitigate or minimize any potential adverse impacts from the proposed facility; - All reasonable alternatives to the proposal have been adequately assessed and the proposed action is consistent with the best interests of the people of Weld County and represents a balanced use of resources in the affected area; - It has been determined that the nature and location or expansion of the facility will meet Colorado Department of Health and Weld County Health Department air quality standards; The nature and location for expansion of the facility will not unreasonably interfere with any significant wildlife habitat and will not unreasonably affect any endangered wildlife species, unique natural resource, historic landmark or archaeological site within the affected area; 83 /150 P� a0/20 USR - 592:83:55 Weld County Engineering Department December 6, 1983 Page 2 No overlay districts affect the site. The Weld County Planning Commission's approval is conditional upon the following: 1. The attached Operation Standards being recommended and approved for this request. 2. The following note being placed on the Use by Special Review Permit plat: NOTE: The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities related to mining and reclamation are, therefore under the jurisdiction of the Mined Land Reclamation Board; however, Weld County has jurisdiction of those matters outlined in the Operation Standards. 3. The approved Operation Standards shall be placed on the Use by Special Review Permit plat. The Use by Special Review Permit plat shall be delivered to the Department of Planning Services. Motion seconded by: Paulette Weaver Vote: For Passage Against Passage Jack Holman Bill McMurray Sharon Linhart Paulette Weaver Doug Graff Bob Ehrlich The Chairman declared the Resolution passed and ordered that a certified copy be placed in the file of this case for future reference. CERTIFICATION OF COPY I, Bobbie Good, Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on December 6, 1983 and recorded in Book No. VIII of the proceedings of the said Planning Commission. Dated the 7th day of December, 1983. Secretary OPERATION STANDARDS Weld County Engineering Department U.S.R. - 592:83:55 1. The uses permitted on the said described parcel shall be the extraction of sand and gravel as described in the application materials presented by the Weld County Engineering Department. 2. The open-cut gravel operation shall comply with the operation policies listed in Section 44.4 et seq. , through Section 44.5 of the Weld County Zoning Ordinance. 3. All phases of the sand and gravel operation shall comply with all County and State Health Standards and regulations pertaining to air quality noise emission. 4. Vehicular traffic shall ingress and egress onto Weld County Road 132 as shown on the submitted Use by Special Review plat map. 5. The applicant shall comply with the design standards for the Use by Special Review, Section 24.5 et seq. , of the Weld County Zoning Ordinance. 6. The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance. 7. Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the site at any reasonable time in order to insure the operations carried out on the site comply with the Development Standards stated hereon and all applicable Weld County Regulations. 8. The Use by Special Review shall be limited to the plans shown hereon and governed by the Standards as stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 9. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING December 6, 1983 A regular meeting of the Weld County Planning Commission was held on December 6, 1983, at 1:30 p.m. in the County Commissioners' Hearing Room, (#101) , 915 10th Street, Centennial Building, Greeley, Colorado. The meeting was called to order by the chairman, Bob Ehrlich. Tape 142 - Side 2 ROLL CALL Ed Reichert Absent Doug Graff Present Paulette Weaver Present James Docheff Absent - Called in Sharon Linhart Present Bill McMurray Present Jack Holman Present Bob Ehrlich Present Also present: Rod Allison, Current Planner II, Lee Morrison, Assistant County Attorney and Bobbie Good, Secretary. A quorum was present. The summary of the last regular meeting of the Weld County Planning Commission held on November 15, 1983, was approved as distributed. The Chairman read a letter from Ed Reichert asking that his resignation from the Planning Commission be accepted. The Planning Commission expressed their appreciation to Ed for having served with them on the Planning Commis- sion. CASE NUMBER: 590:83:53 APPLICANT: Andrew Veeman REQUEST: A Use by Special Review Permit for a Dairy Operation LEGAL DESCRIPTION: Part of the NW1/4, Section 3, T4N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately five (5) miles west of Johnstown; south of Colorado State Highway 60 and east of Weld County Road 7 Rod Allison asked that this case be continued until the next regularly scheduled meeting of the Weld County Planning Commission to be held on December 20, 1983, at 1:30 p.m. to allow the applicant to comply with sign posting requirements. The Chairman asked if anyone in the audience was present specifically to hear or present evidence in this case. There was no response. The Chairman announced this case would be heard at the December 20th meet- ing of the Weld County Planning Commission. Summary of the Weld County Planning Commission Meeting December 6, 1983 Page 2 CASE NUMBER: USR-592:83:55 APPLICANT: Weld County Department of Engineering REQUEST: A Use by Special Review Permit for a Dry Open-Cut Gravel Pit LEGAL DESCRIPTION: Part of the SW4, Section 5, T11N, R57W of the 6th P.M. , Weld County, Colorado LOCATION: North of Weld County Road 132 and east of Weld County Road 135 APPEARANCE: Don Carroll, represented Weld County Department of Engineer- ing. He stated this is known as the Sheppler Pit and contains 9.97 acres. The estimated life of this pit is five to seven years and the gravel taken from the pit will be used on the roads in this area. The Chairman called for discussion from the audience. There was none. The Chairman asked Mr. Carroll if he had read the Department of Planning Services staff comments and the Operation Standards, as outlined by the staff? He stated he has and has no objections to them. The Chairman asked that the reading of the Department of Planning Services staff comments and the Operations Standards be dispensed with and that they be filed with the summary of this meeting as a permenant record of these proceedings. Tape 143 - Side 1 Rod Allison reported this case, as well as the following two cases for gravel pits for Weld County Engineering are considered public utilities and therefore, the Planning Commission will not make a recommendation to the Board of County Commissioners, but will have final approval pending approval by governmental regulatory agencies. MOTION: Jack Holman moved Case Number USR-592:83:55 for the Weld County Engineering Department for a dry open-cut gravel pit be approved based upon the Depart- ment of Planning Services staff comments and the Operation Standards, as outlined by the staff. Motion seconded by Paulette Weaver. The Chairman called for discussion from the members of the Planning Commis- sion. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Jack Holman - yes; Bill McMurray - yes; Sharon Linhart - yes; Paulette Weaver - yes; Doug Graff - yes; Bob Ehrlich - yes. Motion carried unanimously. Summary of the Weld County Planning Commission Meeting December 6, 1983 Page 3 CASE NUMBER: USR-593:83:56 APPLICANT: Weld County Department of Engineering REQUEST: A Use by Special Review Permit for a Dry Open-Cut Gravel Pit LEGAL DESCRIPTION: Part of the S1, Section 30, T8N, R57W of the 6th P.M. , Weld County, Colorado LOCATION: North of Weld County Road 88 and east of Weld County Road 135 APPEARANCE: Don Carroll, represented Weld County Department of Engineering. This pit is known as the Willson Pit and also contains 9.97 acres. The gravel from this pit is larger rock which will be crushed and used on the roads in this area. The life expectancy of this pit is ten to fifteen years. The Chairman called for discussion from the audience. There was none. The Chairman asked Mr. Carroll if he had reviewed the recommendations of the Department of Planning Services staff and the Operation Standards, as outlined by the staff? He stated he had and has no objections to them. The Chairman asked that reading of the Staff Comments and the Operation Standards be dispensed with and that they be filed with the summary of this meeting as a permanent record of these proceedings. MOTION: Doug Graff moved Case Number USR-593:83:56 for the Weld County Engineering Department for a Dry Open-Cut Gravel Pit be approved based upon the recom- mendations of the Department of Planning Services staff and the Operation Standards, as outlined by the staff. Motion seconded by Bill McMurray. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Jack Holman - yes; Bill McMurray - yes; Sharon Linhart - yes; Paulette Weaver - yes; Doug Graff - yes; Bob Ehrlich - yes. Motion carried unanimously. CASE NUMBER: USR-594:83:57 APPLICANT: Weld County Department of Engineering REQUEST: A Use by Special Review Permit for an Open-Cut Gravel Pit LEGAL DESCRIPTION: Part of the S2, Section 12, T1ON, R6OW of the 6th P.M. , Weld County, Colorado LOCATION: North of Weld County Road 118 and east of Weld County Road 107 APPEARANCE: Don Carroll, represented the Weld County Department of Engineer- ing. This site is known as the Ehmke Pit and contains 9.95 acres. The gravel mined from this site will also be used on the roads in this area. • Summary of the Weld County Planning Commission Meeting December 6, 1983 Page 4 The Chairman asked Mr. Carroll if he had reviewed the Staff Comments and the Operation Standards, as outlined by the staff? He stated he had and has no objections to them. The Chairman called for discussion from the audience. There was none. The Chairman asked that reading of the Department of Planning Services staff comments and the Operations Standards be dispensed with and that they be filed with the summary as a permanent record of these proceedings. MOTTO": Paulette Weaver moved the Planning Commission approved this request for a gravel pit for the Weld County Engineering Department, Case Number USR-594:83:57, based upon the recommendations of the Department of Planning Services staff and the Operation Standards, as outlined by the staff. Motion seconded by Doug Graff. The Chairman called for discussion from the members of the Planning Commis- sion. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Jack Holman - yes; Bill McMurray - yes; Sharon Linhart - yes; Paulette Weaver - yes; Doug Graff - yes; Bob Ehrlich yes. Motion carried unanimously. CASE NUMBER: USR-591:83:54 APPLICANT: Continental Pipe_Line Company REQUEST: A Use by Special Review Permit for a Truck Offloading Facility for Crude Oil LEGAL DESCRIPTION: Part of the NW4 NW', Section 20, T6N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 1.75 miles northwest of Greeley Corporate City Limits; east of Weld County Road 27 and south of Highway 392. APPEARANCE: Jim Loving, employee, represented Continental Pipe Line Company. Oil from wells in this area will be trucked to the offloading facility where it will be dumped and pumped into an underground pipeline that will transport the crude oil to Denver for processing. This will be an unmanned station, but truck drivers who may enter the area are chosen very selectively to insure safety procedures are followed. Tape 143 - Side 2 Summary of the Weld County Planning Commission Meeting December 6, 1983 Page 5 MOTION: Paulette Weaver moved the applicant shall plant and maintain evergreen trees or a mixture of decidious and evergreen trees a maximum of six feet in height at the time of planting. The trees shall be planted at ten foot intervals a minimum of ten feet from the fence. The planting shall be completed by May 1, 1984. Motion seconded by Sharon Linhart. The Chairman called for discussion from the members of the Planning Commission. The Planning Commission members discussed the possibility of fire from leaves of the decidious trees; and children being able to climb the trees and gain access to the fenced property. Keith Yong, Project Engineer, explained the rights-of-way requested by the State Highway Department and the Greeley 112 Canal. Paulette Weaver withdrew this motion. Sharon Linhart withdrew her second. The Chairman asked Rod Allison to read the recommendations of the Depart- ment of Planning Services staff and the Operation Standards into the record. MOTION: Doug Graff moved Operation Standard Number 11. F. be amended to read: "A key to the subject Use by Special Review area shall be delivered to the Windsor Fire District." Motion seconded by Jack Holman. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman called for a vote from the members of the Planning Commis- sion. Motion carried unanimously. MOTION: Doug Graff moved USR-591:83:54 for Continental Pipe Line Company for a Truck Offloading Facility be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendations of the Department of Planning Services staff and the Opera- tion Standards, as amended by the Planning Commission. Motion seconded by Jack Holman. The Chairman called for discussion from the members of the Planning Commis- sion. Discussion followed. Summary of the Weld County Planning Commission Meeting December 6, 1983 Page 6 The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Jack Holman - yes; Bill McMurray - yes; Sharon Linhart - yes; Paulette Weaver - yes; Doug Graff - yes; Bob Ehrlich - yes. Motion carried unanimously. CASE NUMBER: Z-395:83:10 APPLICANT: William Ray Adams, Sr. REQUEST: A Change of Zone from "A" (Agricultural) to "P.U.D." (Planned Unit Development) , Large Lot Residential and Agricultural Uses LEGAL DESCRIPTION: Part of the 141/2, Section 14, T1N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 2.25 miles southeast of Fort Lupton: north of Weld County Road 8 and west of Weld County Road 35 APPEARANCE: William Ray Adams, Sr. , Power of Attorney for Roy Mathews, property owner, reviewed the owners reasons for requesting a Change of Zone for this property. This land is not farm- able and has no water rights. There are no improvements on the property. Lee Morrison explained that the Planning Commission need only concern itself with the matter before it today, which is a change of zone. In no way should they consider making their decision on a plan for this area at this time. The Chairman asked the applicant if he had read the recommendations of the Department of Planning Services staff? He stated he had and is not in agreement with the recommendation for denial. The Chairman asked Rod Allison to read the recommendations of the Depart- ment of Planning Services staff into the record. Lee Morrison stated the burden of proof is on the applicant. Therefore, it is up to the applicant to prove to the staff and the Planning Commis- that this request warrants approval. Tape 144 - Side 1 The Chairman called for discussion from the audience. Linda McKenna, a prospective owner of one of the lots, spoke in favor of this change of zone. Lee Morrison again reminded the Planning Commission and the audience the only thing up for consideration today is a change of zone. We are not ready to discuss anything else at this time. Rod Allison stated this Planned Unit Development would be a large lot residential and would allow all uses allowed by right in the agricultural zone district, except uses excluded by the covenants which can be used to clarify the uses. Summary of the Weld County Planning Commission Meeting December 6, 1983 Page 7 MOTION: Bill McMurray moved this application for a change of zone, Case Number Z-395:83:10, be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for denial based upon the recommenda- tions of the Department of Planning Services staff and the letter from the Platte Valley Soil Conservation District. Motion seconded by Paulette Weaver. The Chairman called for discussion from the members of the Planning Commis- sion. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Jack Holman - yes - Because he agrees with Bill's motion and the fact that the staff listed adequate documenta- tion to substantiate their recommendation for denial and the soil conserva- tion district's letter reviewing this type of soil. As sandy as it is, there can be all kinds of erosion problems with wind storms, plus the fact that a subdivision of any kind, whether it be one acre lots or forty acre lots, away from any close proximity to a town still requires all the services of the city. The County has added expenses when it comes to grading the roads and supplying other necessary services. Bill McMurray - yes; Sharon Linhart - yes; Paulette Weaver - yes; Doug Graff - yes; Bob Ehrlich - yes. He concurs with the comments Jack had, but he is also concerned with the deilemma of Linda McKenna. It seems that it is difficult for a young mother to have a place to raise animals and to be able to give her children some kind of exposure to an agricultural type of life. It is tough to go out and buy a hundred and sixty acres, or even eighty acres, and he would like to see the staff look for some means by which something could be worked out to accomodate such requests in the future. On this particular piece of land the erosion situation, twenty-one horses per lot potential, could be fairly severe and while he does sympathize with the situation Mrs. McKenna is in, based on the presentation of the application, he feels he can only vote for denial on this change of zone. Motion carried unanimously. CASE NUMBER: USR-595:83:58 APPLICANT: Frederic L. Syman REQUEST: A Use by Special Review Permit for one (1) Single Family Dwelling Unit per Lot Other Than Those Permitted Under Section 31.2.1 of the Weld County Zoning Ordinance. LEGAL DESCRIPTION: Part of the WI NWZ, Section 8, T1N, R64W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 3-1/8 miles east of Hudson; east of Weld County Road 51 and south of Colorado State Highway 52 APPEARANCE: Frederic L. Syman, applicant, stated he is asking permission to place a single family dwelling on this property. This is not prime farmland, nor is it wasteland. Summary of the Weld County Planning Commission Meeting December 6, 1983 Page 8 The Chairman asked the applicant if he had read the Department of Planning Services staff comments and the Operation Standards, as outlined by the staff? He stated he had and has no objections to them. The Chairman asked the reading of the Staff Comments and the Operation Standards be dispensed with and that they be filed with the summary as a permanent record of these proceedings. The Chairman called for discussion from the audience. Robert Swank, a surrounding property owner appeared in opposition to this request. MOTION: Bill McMurray moved Case Number USR-595:83:58 be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the Department of Planning Services staff comments and the Operation Standards, as outlined by the staff. Motion seconded by Sharon Linhart. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Jack Holman - yes; Bill McMurray - yes; Paulette Weaver - no. Because, as Mr. Swank suggested, there is a chance of setting a precedent in dividing productive, although maybe not prime, agricultural land into smaller acreages that do then become nonproductive. And while it is nice for people to have their rural acreages, she does not necessarily feel that it is always in the best interests of the community as a whole. Doug Graff - yes; Bob Ehrlich - yes. Motion carried with five voting for the motion and one voting against the motion. CASE NUMBER: Z-393:83:8 APPLICANT: Vern Johnson REQUEST: A Change of Zone from "A" (Agricultural) to "C-4" (Commercial Four) LEGAL DESCRIPTION: Si Sz, Section 22, T4N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 3.5 miles north of Mead; west of and adjacent to I-25 Frontage Road; south of Weld County Road 44 APPEARANCE: Laverne Nelson, Nelson Engineers, represented the applicant. He stated the property is adjacent to I-25. At the present time this parcel of land is not farmed, but is used as a motorcycle dirt trail. It is his feeling a well planned commercial development would be much more attractive and productive than the current use. Summary of the Weld County Planning Commission Meeting December 6, 1983 Page 9 Tape 144 - Side 2 Mr. Nelson also outlined the proximity of this site to other towns and developments in the area. Vern Johnson, the applicant, explained the topography of the land in this area and feels a change of zone could be a higher and better use of this property. The Chairman asked Rod Allison to read the recommendations of the Depart- ment of Planning Services staff into the record. Lee Morrison explained the determination of need is usually not a major item in these cases, but in the case of highway services, the Comprehen- sive Plan defines need as one of the criteria and because of that you get into the kinds of arguments that you normally don't get into, which is: "What else is available for the same kind of service?" Tape 145 - Side 1 The Chairman called for discussion from the audience. There was none. MOTION: Paulette Weaver moved we forward Case Number Z-393:83:8 to the Board of County Commissioners with the Planning Commission's recommendation for denial based upon the Department of Planning Services staff recommendation, specifically that she does not believe that the applicant has proved that the current zoning is faulty nor that the need for this development at this particular location has been proven. Motion seconded by Jack Holman. The Chairman called for discussion from the members of the Planning Commis- sion. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Jack Holman - yes; Bill McMurray - yes; Sharon Linhart - no. Because she feels that the existing use is not currently compatible with the surrounding uses, just as it would perhaps be if there was a zoning change. She sees no feasibility for returning the land to productive farmland or rangeland or grassland so having it zoned agricultural does not make much sense. It is her feeling the only kind of zoning we can reasonably expect to take place along I-25 in the future, when we are approached with changes, is commercial and she feels we have to work to achieve good commercial usage on these areas. Paulette Weaver - yes; Doug Graff - no. For the same reasons outlined by Sharon. Bob Ehrlich - no. Motion is a tie vote with three voting for the motion and three voting against the motion. Summary of the Weld County Planning Commission Meeting December 6, 1983 Page 10 Lee Morrison recommended the motion be put into the proper context. It was his feeling it would be appropriate to make the motion for approval. In effect this motion does not pass, so you get no recommendation. The Bylaws provide that any action that is taken would require a majority of those present, so in effect you have taken no action. If you take no action on a motion to recommend approval, when that goes forward it goes as not recommending approval. The Planning Commission members discussed the implications of the motion and/or making another motion for approval with Lee Morrison. Lee Morrison stated the Bylaws read. . ."shall be required to report favorably to the Board of County Commissioners any plans, reports or recommendations of the Weld County Planning Commission or to approve any application which does not require review,". . .so his interpretation of this is you cannot go forward with favorable report when there is a tie vote. It is either no vote or a negative vote. The Chairman asked if the motion had been to allow this change of zone and it was a tie vote, would it be forwarded to the Board of County Commissioners as a denial? Lee Morrison stated it would. It was the Planning Commission's feeling this was not a vote for either denial or approval. With three members voting for the motion and three members voting against the motion it does not approved the request or deny the request. Lee Morrison stated the burden of proof is on the applicant to gain from the Planning Commission its approval. It means the deck is stacked against the applicant when he comes in here. If he presents no evidence it is a denial, if he cannot convince a majority of those present to recommend favorably it is a denial, so a tie vote does not go to the applicant. A tie vote goes against the applicant. The Chairman stated if the motion is for the request and the vote is a tie, the resolution is sent to the Board of County Commissioners as a denial. He does not feel this is fair. Sharon Linhart stated if the motion was restated for approval and if she voted for approval of the motion she felt she would be short changing, not only the time the applicant has spent here, but her own time, and the fact that her vote, and the way she voted was not a vote for no recommendation, but was a vote to approve the Change of Zone and she wants the County Commis- sioners to know that she voted to approve the Change of Zone. Summary of the Weld County Planning Commission Meeting December 6, 1983 Page 11 MOTION: Jack Holman moved we forward Case Number Z-393:83:8 for Vern Johnson to the Board of County Commissioners as it was voted on with three voting for the motion and three voting against the motion with no recommendation from the Planning Commission. Motion seconded by Bill McMurray. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman assured the Planning Commission members a resolution showing the way they voted will be forwarded to the Board of County Commissioners along with a resolution that no recommendation be forwarded to them. The Chairman asked the Planning Commission members for their decision. Motion carried. The Chairman called for a recess at 4:35 p.m. The meeting was reconvened by the chairman, Bob Ehrlich at 4:40 p.m. CASE NUMBER: Z-394:83:9 APPLICANT: Melvin Rahm REQUEST: A Change of Zone from "C-3" (Commercial Three) to "C-4" (Commer- cial Four) LEGAL DESCRIPTION: Part of the NW4, Section 26, T3N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately two (2) miles southeast of Mead; east of I-25 and south of Colorado State Highway 66. APPEARANCE: Keith Ames, Architect, represented the applicant. He stated the property is currently zoned "C-3" and they are asking for "C-4" zoning for a recreational vehicle truck stop and service center for approximately one-hundred recreational vehicles. It is planned that recreational vehicles can stay overnight or be stored at this site also. The Chairman asked Rod Allison to read the recommendations and conditions, as outlined by the Department of Planning Services staff. The Chairman called for discussion from the audience. There was none. MOTION: Jack Holman moved Case Number Z-394:83:9 for a Change of Zone from Melvin Rahm be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendations of the Department of Planning Services staff and the conditions, as out- lined by the staff. Motion seconded by Bill McMurray. • Summary of the Weld County Planning Commission Meeting December 6, 1983 Page 12 The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Jack Holman - yes; Bill McMurray - yes; Sharon Linhart - yes; Paulette Weaver - yes; Doug Graff - yes; Bob Ehrlich yes. Motion carried unanimously. ADDITIONAL BUSINESS: Chuck Cunliffe, Director, Department of Planning Services, presented the new proposed electrical fee schedule. He reported the increases correspond with the State Electrical Board fee schedule, although it does not conform to their fee schedule completely. The new fee schedule, if adopted, will become effective January 1, 1984. The Chairman called for discussion from the audience. There was none. MOTION: Sharon Linhart moved the Planning Commission accept the recommendations of the Department of Planning Services for an increase in electrical fees as presented, and that the Planning Commission's recommendation for approval be forwarded to the the Board of County Commissioners. Motion seconded by Jack Holman. The Chairman called for discussion from the members of the Planning Commis- sion. Discussion followed. The Chairman asked the Planning Commission for their decision. Motion carried. Chuck Cunliffe presented the recommendations of the Department of Planning Services for an increase in land use application fees to help offset the cost of processing the cases. The Chairman called for discussion from the audience. There was none. MOTION: Paulette Weaver moved the Planning Commission accept the recommendation of the Department of Planning Services staff regarding an increase in land use application fees, and that the Planning Commission's recommenda- tion for approval be forwarded to the Board of County Commissioners. Motion seconded by Sharon Linhart. The Chairman called for discussion from the members of the Planning Commis- sion. Discussion followed. The Chairman asked the Planning Commission for their decision. Motion carried. • t Summary of the Weld County Planning Commission Meeting December 6, 1983 Page 13 The meeting was adjounred at 5:12 p.m. Respectfully submitted, Bobbie Good Secretary rjg/ LAND USE APPLICATION SUMMARY SHEET Date: November 21, 1983 CASE NUMBER: USR - 592:83:55 NAME: Weld County Engineering Department ADDRESS: 933 N. 11th Avenue, Greeley, CO 80631 REQUEST: A Use by Special Review for a dry open-cut gravel pit LEGAL DESCRIPTION: Part of the SW4, Section 5, T11N, R57W of the 6th P.M. , Weld County, Colorado LOCATION: North of Weld County Road 132 and east of Weld County Road 135 SIZE OF PARCEL: 9.9553 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: This application is for a special review permit for a major facility of a public utility. The criteria for review is listed on page 20-45 of the Zoning Ordinance under Section 25.8. The Department of Planning Services staff has received no objections to this proposal. 1 Date: December 6, 1983 CASE NUMBER: USR - 592:83:55 NAME: Weld County Engineering Department ADDRESS: 933 N. 11th Avenue, Greeley, CO REQUEST: A Use by Special. Review for a dry open cut gravel pit LEGAL DESCRIPTION: Pt. SWZ, Section 5, T11N, R57W of the 6th P.M. , Weld County, Colorado LOCATION: North of Weld County Road 132 and east of Weld County Road 135 THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with application requirements of Section 25.7, 44. 1, 44.2, and 44.3 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services staff that the applicant has shown compliance with Section 25.8 et seq. of the Weld County Zoning Ordinance as follows: - Reasonable efforts have been made to avoid irrigated cropland or to minimize the impacts on such lands in those cases where avoidance is impractical. No irrigated cropland exists on the subject site. The facility will not have an undue adverse effect on existing and future development of the surrounding area as set forth in applicable Master Plans. The existing and future uses are intended to remain agricultural according to the Weld County Land Use Plan Map. - The design of the proposed facility and Operation Standards mitigate negative impacts on the surrounding area to the greatest extent feasible. - The site shall be maintained in such a manner so as to control soil erosion, dust, and the growth of noxious weeds. - The applicant has agreed to implement any reasonable measures deemed necessary by the Planning Commission to insure that the health, safety and welfare of the inhabitants of Weld County will be protected and to mitigate or minimize any potential adverse impacts from the proposed facility. - All reasonable alternatives to the proposal have been adequately assessed and the proposed action is consistent with the best interests of the people of Weld County and represents a balanced use of resources in the affected area. - It has been determined that the nature and location or expansion of the facility will meet Colorado Department of Health and Weld County air quality standards. - The nature and location for expansion of the facility will not unreasonably interfere with any significant wildlife habitat and will not unreasonably affect any endangered wildlife species, unique natural resource, historic landmark or archaeological site within the affected area. - No overlay districts affect the site. USR - 592:83:55 Weld County Engineering Department The Department of Planning Services staff recommendation for approval is conditional upon the following: 1. The attached Operation Standards being recommended and approved for this request. 2. The following note being placed on the Use by Special Review Permit plat: NOTE: The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities related to mining and reclamation are, therefore under the jurisdiction of the Mined Land Reclamation Board; however, Weld County has jurisdiction of those matters outlined in the Operation Standards. 3. The approved Operation Standards shall be placed on the Use by Special Review Permit plat. The Use by Special Review Permit plat shall be delivered to the Department of Planning Services. o OPERATION STANDARDS U.S.R. - 592:83:55 1. The uses permitted on the said described parcel shall be the extraction of sand and gravel as described in the application materials presented by the Weld County Engineering Department. 2. The open-cut gravel operation shall comply with the operation policies listed in Section 44.4 et seq. , through Section 44.5 of the Weld County Zoning Ordinance. 3. All phases of the sand and gravel operation shall comply with all County and State Health Standards and regulations pertaining to air quality noise emission. 4. Vehicular traffic shall ingress and egress onto Weld County Road 132 as shown on the submitted Use by Special Review plat map. 5. The applicant shall comply with the design standards for the Use by Special Review, Section 24.5 et seq. , of the Weld County Zoning Ordinance. 6. The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance. 7. Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the site at any reasonable time in order to insure the operations carried out on the site comply with the Development Standards stated hereon and all applicable Weld County Regulations. 8. The Use by Special Review shall be limited to the plans shown hereon and governed by the Standards as stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 9. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. DEPARTMENT OF PLANNING SERVICES L _ PHONE(303)356 4000 EXT. �0C :n -^.- � 6151Gth STPEET GREELEY.COLORADO b0331 ti • COLORADO November 1, 1983 Weld County Engineer Re: Request for a A U.S.R. for a dry open-cut gravel pit on a parcel of land described as Part of the SW4, Section 5, T11N, R57W of the 6th P.M. , Weld County, Colorado. Dear Don Carroll: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Planning Commission on December 6, 1983 at 1:30 P.M. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Weld County Planning Commission members might have with respect to your application. It is the responsibility of an applicant to see that a sign is posted on the property under consideration at least ten (10) days preceding the hearing date. Sometime prior to November 25, 1983 you or a representative should contact me in this office to obtain a sign to be posted on the site no later than November 27, 1983. The Department of Planning Services staff will make a recommendation concerning this application to the Weld County Planning Commission. It is the responsibility of an applicant to contact the Department of Planning Services office a few days before the date of the Weld County Planning Commission hearing to obtain that recommendation. If you have any questions concerning this matter, please feel free to call me. Res ectfully, Rod Allison Planner II FLOW SHEET CASE # ( 3f& c /2 t3 :ST APPLICANT: 'w/ nC 4 IVQ�' //�1.(, -ai REQUEST: L(,S ,1Q, fL t G LYati /?fie .- /'4 //�7�� \ TLc �{� a! LEGAL: et - Sin//V SP C c 7----// N -7 fr'✓ LOCATION: Ne'1", e-6/ itJcg pi & OgJ uJ kvcic 135 6 DATE BY Application Received /61,2. 7-1-3 ,k4 Application Complete '�.O p^��II Kin 1o�z , 0 le Hearing Date: Pee_ (O/ (in in . 314-3 t /�i 3 D. Utility Board Hearing Date: [) PC Sign given to Applicant PC Sign posted By: Iimt.a.7, lin ( 0 '31 •(1-3 gfi Letter to Applicant Drafted h .31.4-3 Referrals Listed i0-3I t3 4 Public Notice Drafted 10' 3t+3 4if File Assembled Referrals Mailed Chaindexed Letter to Applicant Mailed 11-3 93 k4 I , - ‘- 8'.3 ,k -S.. Public Notice Sent Out By: No,i. lI, jcg3 10 .7, `2 On Prop. & Mineral Owners Notified By: N0V. L.S 1 (h�3 /0<�31 0s3 Tel Maps Prepared \\ % , Z Field Check By DPS Staff 790 Chet/( 4Ke. 4r,° 21 // 1, cloi Ors.jm il Field Check-Board Member: 1 rit le 3/21-7 DPS Recommendation Drafted DPS Recommendation Typed 1 2- -/ -t3 /2'14 Packets Xeroxed /2 2F3 144 PC/BOA Hearing Action: Ora 12- - r3 /97 PC/BOA Resolution !` BOA Resolution Sent To Applicant 11 . 5 rf h� Meeting Summary or Minutes Filed in Case Case Sent To Clerk to Board CC Sign Given to Applicant Ae��e�C�� Chi CC Sign Posted By: -----No keimkem !. CC Hearing: -- ---- Action: r CC Resolution Received Plat and/or Resolution Recorded ) 9Y Y- $ �j) 4 History Card Completed / 11 1 Recorded on Maps and Filed kko -l� .pp,•e_j 1-k-,"5,3 .Ca.4 1c �c Qom© 'N---le- s-1 ��""��"TGG -E�:1,R 1ENT n" PHONE '2,03) 3564000 915 10TH GREELEY,COLCHAD F c - COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on Tuesday, December 6, 1983 at 1:30 p.m. to review a request for approval of a Use by Special Review Permit for a dry open-cut gravel pit for Weld County on a parcel of land described as Part of the SW4, Section 5, T11N, R57W of the 6th P.M. , Weld County, Colorado containing 11 acres, more or less. This public hearing to be held by the Weld County Planning Commission for the consideration of the above referenced request will be conducted in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 915 10th Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on December 6, 1983 Copies of the application are available for public inspection in the Department of Planning Services, Room 342, Weld County Centennial Center, 915 10th Street, Greeley, Colorado (356-4000, Extension 4400) . Robert Ehrlich, Chairman Weld County Planning Commission To be published in the: La Salle Leader To be published one (1) time by: November 24, 1983 Received by4 G �✓,CL¢Qt Date: • • Affidavit of Publication STATE OF COLORADO, 1 ss County of Weld. / 1 9/!1 said County of Weld, being duly sv4rn, say that I am publisher of that the same is a weekly newspaper of general circulation and panted and published in the town of in said county and stale: that the notice or adver. LEGAL NOTICE tisement, of which the annexed is a true copy, has been published in said weekly newspaper NOTICE OF PUBLIC HEARING far CL� � consecutive The Weld County Planning Commission weeks: that the nonce was published in the will conduct a public hearing on Tues- day,regular and entire issue of every number of said December 6,1989 at 1:30 p.m.to review a request lot approval of a Use by newspaper during the period and time of pubic. Special Review Permit for a dryopen<ut gravel pit for Weld County on a parcel of cation of said notice and in the newspaper land described as Part of the SWtp.Sec- proper and not in a supplement thereof: that the eon 5. T1 IN,R57W of the 6th P.M., Weld-County, Colorado containing 11 first publication of said notice was contained in acres,more or leas. the issue of said,:newspaper bearing date. the f , This public hearing to be held by the day of �� A.D.. 19 d r Weld County Planning Commission for the consideration of the above rekrenc- and the last publication thereof, in ail issue of ed request eel be conducted in the Weld sal ewspaper bearing dale, the ,.24. day of County Commissioners Hearing Room, 9 (J First Floor, Weld County Centennial , 19 tom; that the said Center,915 10th Street,Greeley.Col. oracle.Comments or°blecilons related y / j to the above request should be submit. 24';{: /i ,..J� i/i2k. Let // tedln wdtMro to Weld County Detri- ment of Planning Services. 915 10th has been published continuously and uninterrupt. Street. Room 342, Greeley, Colorado • 50631" before the above date or edly during the period of at least fifty-two con- presented at the pa hearing on secutwe weeks next prior to the first issue thereof December 6.1963. containing said notice or advertisement above Copies of the application as.sveeable referred to; and that said newspaper was at the for public impede In the Department d shooing Saves.Room 342.Weld Rine of each of the publications of said notice. County Cease Caster, 915 10th duly qualified for that purpose within the mean- S11eet• Greeley. Colorado (356.4000. Examen 4400). ing of an act, entitled, "An Act Concerning Legal Notices, Advertisements and Publications, and RobrtEkelrh.Cheese Weld Cease Pfoes!4 Camadaslan the Fees of Printers and Publishers thereof, and to Repeal all Acts and Parts of Acts in Conflict - Pd0'ha6 lo the La Sole Leader Thexem.Remelt 17.1903. with the Provisions of this Act." approved April 7, 1921, and all amendments thereof, and particu- larly as amended by an act approved. March 30, 1923, act approved May l 1931. can , z Pu e� Subscribed and sworn to before me Ih 11J ey. day of A.D., 19 • My commission expires 7 J'.r Notary Public .. +r ... 4 • (i . _ 'Cobs '•UMMOINIMMipswamninllillOMMENUIMIMIAlelliiIMMOMMISIMMINEME. MMmulatude WELD .fiJNTY, COLORAEO t; r -- -:-. SPECIAL USE APPLICATION D' ' For I T_.. ..._J._...: _6._ OPEN CUT MINE PERMIT 1 r v f 3 1 1983 (gravel pits, etc.) Weld County Department of Planning Services 915 - Cit'.troS4114%CSC' I elry, 1:hcne 356-'1000 EXT 400 For Department of Planning Services Use Only Case NIumber : U.l_5 2 't j •5S Date Application Received: �� _�' PC Ue:irinn Date: Cl .6 LL Section: eS- -4 Townsh T: : / North, ' ante: Zoning District: i\! r, c ln141✓ Recording Fee: Permit Fee: WAil e_ Recording Fee 'receipt ft: Receipt Number: NA Application Reviewed By / To Be Completed by APPLICANT In Accordance With Procedural Guide Requirements: 1. I (we) , the undersigned, hereby request a hearing before the Weld County Planning Oc:rm ssion concerning a proposed Open Cut GRAVEL (gravel, ;:oa1, borrow pit, etc.) mining operation for the following described :.niricorporated area of Field County: LEGAL DESCRIPTION: SOUTHWEST QUARTER, SECTION 5, TOWNSHIP 11 NORTH, RANGE 57 WEST OF THE 6th P. 4. . WELD COUNTY, COLOR Do sEE P1 gT OF L .ay (NAGE 10) FOR COMPLETE LEGA! OV,RIPIIEL TOTAL ACREAGE: 9.979± 2. Surface owner(s) of area of land de• cri P 23 Name:GARY L. SHEFFLER Address:N Y O. $0742 Phone: Name: Address : Phone: 3. Owner(s) of mineral rights to substance to be mined Name: AS ABOVE Address: Phone: Name: Addre-ss: Phone: 4. Source of ,_:i plicants Legal ` 1,7ht to enter and to mine on the land described: SEE REPORT PAGES 22 - 24 AS ATTACHED Attach Certified Copy of any Joc.urnent noted to the Back of This Form)- 5. Address or applicant and general office WELD COUNTY DEPT. OF ENGINEERING Applicant.•i address: a,Q BOX 758 GREELEY, CO._,80632 Phone:356-4000, EXT. 4750 General s;ifi,.e address :933_ — llth_8 NUE. GREEEY. COi'hone: 80631 6. Identify ,Inv- prior permits for orien cut mining held by applicant or affiliated person: A LUNTY HAS NUMEROUS PERMITS IN OPERATION 7. Descripti r, of Operation a. Types .end number of operating and processing equipment to be employed: DOZER - 1 LOADER - 1 TRUCKS - 5 to 10 ---�-�"""- b. Maximem number of employew. : 10 , and number of shifts : 1 �_. ANNUALLY AS c. Number of stages to be worked: NEEDED , and periods of time -sch is to be worked: DEPENDENT UPON BUDGET AND CONSTRUCTION AND MAINTAINANCE WORK IN VICINITY. d. Thickness of mineral deposit: 1(1 - 15 feet, and thickness of the overburden: 0 - 1 FOOT e. This will be a + KX/dry pit operation f. Site entrance/exit points and county roads and bridges to be utilized between site and delivery point(s) (must be coordinated with County Enginer) :MINING OPERATION & ROAD MAINTAINANCE & CONSTRUCTION AND ROUTES MU BRIDGES ARE CO-ORDINATED IN SAME COUNTY DEPARTMENT. ^` 8. Description of Rehabilitation a. Proposed rehabilitation land use(s) : RETURN TO ORIGINAL USE-PRAIRIE GRASSLAND b. Source of technical advice for reclamation: U,S. DEPARTMENT..OF AGRICULTURE : SOILS CONSERVATION SERVICE —�'---- c. Explanation of Reclamation Process: T PSOI+ . STRIPPED AND STOCKPILED; BANKS SLOPED TO NOT TO EXCEED 4:1 AT END Oi NIINTNG�OPERATUON AND Topsoil_REPLACED. BANKS LEFT ROUGH YO MINIMIZE WIND EROSIONUFF. SEEDING AND RE-VEGETATION COMPLETED AS PER RECOMMEND/If-IONS IN REPORT. I :' .::reby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within this application irc true and correct to the hest of my knc'.,ledge. COUNTY OF WELD STATE OF COLORADO all-14-j1C/ 44-eiLf2gi—Signature: c ner/Authorized Agent subscribed :n{. sworn to before me this 5 rlay of ( L ¢�Lti-c2i , 196 , ) L 'ti lei^ `�- 1 C. VARY PjJB.1_1C M ' Commissic rxpires fy•: i I t^,\iCi • . • IMP Arf =.'A'zloN USE BY IID Si'I CIAL REVII. Department of i'..i-dUng Services, ')t5 r:,:th Street, Greeley, tolorado Phone - 356.4e.)0)0 - ext. 4C0 II Case Number _ Dace I ceivn. Application Che• l by Application Fee — Receipt Number Recording Pee Receipt Number -- TOO BE CONPLETI:L: ii APPLICANT: (plei::;er print or type, except for necessary signature) I (we), the une. i signed, hereby request hearings b.:fors: ;_he Weld County Planning Commission and t w Weld County Beard of County Corcaai n_ioncrs concerning tl:•: pro- posed Speciali--lkw Permit of the 1••L'.•:win:) described unincorporated area li weld County Co:. • leo: LEGAL DESCRIPT:f•. or SPECIAL REVIEW eERMlT AR.`:A:IUTHWEST QUAgERtion, c _ T 1 N, R 4 : _ I. I l"uI. of contiguour, prnr:.:cty owned upon which Special Review l, rmit is proposed: ._ Secti::n_._.--_ N. ._- .`4 Property Addre• , if available)—„____ PRESENT ZONE A -AGRICULTURAL —_ L,n=RLAY :A).E:S NONE _ TOTAL. ACREAGE PROPOSED LANG .�7..EH_,F„I,I_E311-:A EL EXTRACTION - -- EXISTING LAND ..- RANGELAND _ _ 5 JRFACE FEE ()',:4_s.I:TY OWNERS) OF AREA PROPOSED FOR. P.EZ:?NINC: Name: GARY L,_SHEFFLER --- Address: C R BOX 23 „_•.--t1_U(1 RAY.ER- CO- __ 7113P1742 Home Telephon• ' :•,uEiners Telephone A ____ . N3.11U: Address: _City Zip —..._ ._ II :ate Telephor. 8u^inr^s TelepiRune Name — Address: Pity Zip Home Telepho:, _ _ Ru.:sress Telephone II_ APPLICANT OR t .•:i'CPIZED AGENT (if •tiffcrent then above) : name: WELD COUNTY - DEPARTMENT OF ENGINEERING_LAQN__ARROLL) Address: 934 NORTH, flth AVENUE City fEY, Cn 2 P AD631 �-- Home Telephor.. • — 3usine:e. T.::lephone 4 35Fi-4nnn,._EYI. 4750 ,)caner(s) and- •r lessees of mineral rights on or •u,:ier the .uh jtct properties :f record in 'h,! Weld County As ::S;')r's Office: vane: GARY L. SHEFFLER -- — r,ddree3:-CR BQX 73 ___•_city NFW p.AY11FR CO—__ _?ifT.0742 _-- Nana: _— __— ddress: City_ -- — —Gip-- -- Address: —� —._• it+ .... — Zip I hereby dei '• :nd state under .I penali'ies of perjury that all statements, proposals w 1 +r plans submitted •.:.:b .:r contained within this %apL:li.ett:r,n ire true and co. to the beat v': •• ..,00wldg?. COUNTY OF___. ,:12 t e 1 STATE OF—C ..• �. ' '"-) ) i..p atur': Own -t Cr, Autroria•t•: rN?•:n• _._. Subncz iter) .. .. .. •ern to before tniu ,icy -.L_____ �� _IJ_._- • SEA1 ::CrAh-i r...:.It corm: •x-i.re::. ..... .- . ......_.___._• _.....______ 6 IS • GENERAL The Sheffler Pit is located in the extreme Northeast area of Weld County. The pit has been in existance for many years. Weld County has made use of these small gravel pits to obtain sand and gravel for use on County roads in the area. when they are gravelled, and for maintenance. This procedure establishes an intermittant use of the pit. The County used material from this pit in 1980 and 1981. They have now obtained a 3-Year lease for gravel from this pit. The mining plan is to continue to expand the existing pit. As budgetcd or a specific need arises, the County will move in dozers, loaders and trucks to excavate, load and haul the material to the areas of County roadwork. Topsoil from the area to be mined will be stripped and stock- piled for later use in the reclamation. Material from this pit will he used as "pit-run" material and no additional processing used. Using • this procedure, no stockpiles are created. The gravel embankment will be removed to its limit or the permit boundaries as shown on the map. Information on the material was obtained by a spot test in February, 1981 and is included. The total quantity of material in this pit has not been calculated. however, the County estimates a five to seven year life. • 7 . . . • • RESOLUTION RE: APPROVAL OF AGREEMENT BETWEEN GARY L. SHEFFLER AND WELD COUNTY, COLORADO FOR USE OF SOIL AND/OR GRAVEL FOR ROAD PURPOSES AND AUTHORIZATION FOR CHAIRMAN TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Weld County is in need of soil and/or gravel for the construction of County roads, and WHEREAS, Gary L. Sheffler owns certain land located in the SW1 of Section 5, T11N, R57W of the 6th P.M. , Weld County, Colo- rado, on which there is soil and/or gravel suitable for use in construction of County roads, and WHEREAS, an agreement for use of soil and/or gravel for road purposes between Gary L. Sheffler and Weld County has been pre- sented to the'Board of County Commissioners, a copy of said agree- ment being attached hereto and incorporated herein by reference, and WHEREAS, the Board of County Commissioners deems it advisable and in the best interests of Weld County to approve said agreement. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the agreement for use of soil and/or gravel for road purposes between Gary L. Sheffler and Weld County be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 2nd day of March, A.D. , 1983. n i BOARD OF COUNTY COMMISSIONERS ATTEST: (�(„rm,v�4ew tA�&-"/ WELD COUNTY, COLORADO Weld County Clerk and Recorder . , _ /-2'"- and Clerk to the Board C..uc.k�Carlson, Chairman By: T_...fl ;)._-,iL. .. i ?c rt.� , `‘,_-%"i._ ., • -—.22;6_+-2,fr D5zputy County Clerk Jo. . . Martin, Pro -Tem APPROVED AS TO FORM: _c:� �.✓1/L?,• Cg.el------ ---- ..'*.<-,/,4:7-7-e--,--- G a �e R. Brantner � \..7 orb.^^ /j County Attorney Norman Carl on . ,!)ccue}ine Jgyison DAY FILE: March 7, 1983 22 �'• 153 c:Ln:Bring ,o z n AGREEMENT FOR _SE OF SOIL AND/OR CRI VEL FOR ROAD PURPOSES T:iIS AGREE:IEN • made this < 'ay of l_,P7.”4/4e4_,,, 19 , by and between ye,.1:4/14.e./ / G��-•rC",(11 hereinafter referrafl to as Owner, 164 /7 7 '7_ (a WELDS) •t• �,�I z' , and tha WELD COUNTY DEPART- MENT OF ENGINEERING, for the benefit ana on behalf of the Board of County Commissioners, Weld County, Colorado, hereinafter referred to as Weld County. WHEREAS, Weld County is in :aed of soil and/or gravel for the construction of county roads, and WHEREAS, Owner owns certain land on which there is soil and/or gravel suitable for use in construction. of county roads. NOW, THEREFORE, Owner and Weld County agree that Weld County may use its equipment to remove the soil and/or gravel from Owner land. Owner and Weld County also agree to the following provisions: (if none, write none) • 4 •!,. n � y ^rt,� L. ygei. / �l•L�`�, T f^G • • . . • / Own a S+JELD �-.T' • • 23 ADDI'T'IONAL PROVISIONS 1. Term of Agreement. The term of this agreement shall be from the date of execution to and until , 3 years later. 2. Property Description. The Owner hereby agrees to grant to the County the right t•o en_e_• the following described property situ ~t:d in Weld Count;!, Coiorado: 7y7 fr . W _A,; r.x, L/1 N J 57 't/. 0‘1. l3` G«u( r•��- • 3. Royalty on Sand and Gravel. The County g5ees to pay the Owner a royalty of _ '5 1lecr ,14111111111111 for all material removed durAg thlterm of this lease. Such royalty is to be :aid or. a monthly basis for material removed. • 4. Access. The Owner agrees to provide land for haul road and direct access to the work area. The County agrees to construct and maintain said haul road in good condition and to obliterate haul road at termination of this agree- ment. 5. Books and Records. The County agrees to keep accurate records of all material removed from said described lands and will, at all reasonable times, make said records availa- ble to Owner.for their inspection. 6. Notices. Any notice of termination or other demand by the Owner or the County shall be in writing and forwarded by certified mail the follow xg'arclress: - Owner: Kij�/.f.. C.- • A County:`n'e.'d County Engineering Department 933 :orth _l n Avenue P. C. 3ox 75R Grco'.ey, CG 80632-0753 • 24 • • • APPi.1CAT10N & REPORT FOR: WELD COUNTY - DEPARTMENT OF ENGINEERING WELD COUNTY, COLORADO LIMITED IMPACT OPERATION - OPEN PIT SHEFFLER PIT WELD COUNTY, COLORADO • S!JBMITTED BY : WELD COUNTY DEPARTMENT OF ENGINEERING 933 NORTH 11th AVENUE GREELEY, COLORADO 80631 MR. DON CARROLL PHONE: 356-4000, EXT. 4750 PREPARED BY: McRAE & SHORT. INC. 1227 - 8th AVENUE GREELEY, COLORADO 80631 PHONE: 356.3101 • PROJECT NO. 119-832 OCTOBER 10, 1983 • I • TABLE OF CONTENTS ITEM PAGE INDEX 1 APPLICATIONS MINED LAND RECLAMATION BOARD 2 WELD COUNTY: USE BY SPECIAL REVIEW 6 GENERAL LOCATION AND USE 7 AREA MAP VICINITY MAP (WITH ADJOINING OWNERS) g PROPERTY SURVEY & LEGAL DESCRIPTION 10 GRAVEL CLASSIFICATION 11 ENVIRONMENTAL CONCERNS 12 RECLAMATION PLAN 13 SOIL. CONSERVATION SERVICE 14 • DIVISION OF WILDLIFE 20 LEASE AGREEMENT 22 APPROVALS (UPON COMPLETION) SITE PLAN & TOPOGRAPHIC IMFORMATION MAP ENVELOPE • 1 • S • LIMITED IMPACT (110) and SPECIAL TEN-DAY (111) PERMIT APPLICATION FORM • State of Colorado Application for Mining and Department of ,atural Resources Reclamation Permit-, pursuant MINED LAND RECLAMATION BOARD AND DIVISION to 34-32-101, CPS 1973, 1313 Sherman Street, Room 423 as amended Denver, CO °0203 (303) 866-3567 The following explanations cover Limited Impact applications (110's) and Special (Ten- Day Processing - 111's) applications. In the interest of efficient processing, please check the appropriate box to indicate which type of application you are applyinc: for here. 111 ;permits may he issued only under special circumstances. Be s_tre you are eligible. BIJMITED IMPACT OPERATIONS must disturb less than ten acres (including all roads, stockpi la areas and any other surface facilities) over the life of the mine, and must extract LESS THAN 70,000 tons of mineral, overburden or combination thereof per cale•rxiar year. If the affected area is some fraction greater than nine acres, be sure NOT to round this figure up to ten acres in the narratives or elsewhere. [SPECIAL (t-en-day processing) operations are any sand, gravel, or quarry aggregates operations which are to be operated for the sole purpose of obtaining materials for highwa_:, road, utility, or similar-type construction under a Federal, State, county, city, town, or special district contract where the contract calls for work to be commenced within a specifically short time and which will affect ten acres or less (including all roads, stockpile areas, and any other surface facilities) . • INSTRUCTION: This application and all accompanying materials as outlined below must hQ submitted in duplicate. For further guidance and information for Limited Impact Operations, see RULE 3 and for Special Permits, see RUL ' 4. (Type or Print Clearly) I. Name of operation SHEFFLER PIT (Pit, mine -)r site name) 2. Name of a olicant/operator WELD COUNTY , COLORADO (Name to Le? used on permit) Address arl, phone number of DEPARTMENT OF ENGINEERING- ROAD & BRIDGE DEPARTMENT local of c .s 933 NORTH 11th AVENUE, GREELEY, CO. 80631 PHONE: 356-4000 , EXTENSION 4750 4. Address anc? phone number of general of_`iJes A$ ABOVE 5. Name and phone number of person DON CARROLL staff members should contact 356-4000, EXT, 4750 • • -2- • L • 6. Owner(s) of record of affected land GARY L. SHEFFLER • (surface area) (If more than 2, list below) . Owner(s) of substance to be mined GARY L. SHEFFLER (If more than 2, list below) 8. Source of legal right to enter. (Indicate wilat type of proof is GRAVEL LEASE included in E. IIBIT G - lease, deed, notarized letter, etc.) 9. Type of mine & substance to be mined OPEN PIT FOR SAND AND GRAVEL. (Specify underground, open pit, quarry, etc. & substance(s) tc be mined) 10. General location & elevation SOUTHWEST QUARTER, SECTION 5, TOWNSHIP 11 NORTH, (Miles & direction from nearest RANGE 57 WEST OF THE 6th P.M. , WELD COUNTY, COLOR/ town & approximate site elevation) ELEVATION = 5135 23 MILES NORTH & 5 MILES WEST OF STONEHAM, CO. 11. County WELD I2. Acreage of affected lands 9.979 ACRES (Total surface acreage to be • __^_�included in permit) _._. 13. Application fee (See applicable $125.00 RULE to ,-1r'termine amount) 14.. Present lens use (i.e., agri- GRAVEL BREAKS IN PRAIRIE GRASSLAND cultural, industrial, etc.) 25. Proposed fi`ure land use PRAIRIE GRASSLAND (Goal of reclamation) E.4iIBIT A - Leaa; Description The legal description must identify the affected land and be wholly adequate for field location of the property. It can be in the form of metes & bounds survey or a descrip- tion by reference to township, range, and section, to at least the nearest quarter- quarter section. Where applicable, the street address or lot number(s) may be used. EXIBITB - M.in:ngPlan :his can be a general discussion of the methods, equipment, phases or stages of the operation and those areas of land affected by each. The plan should be correlated with t::e map and should show where extraction will begin, and which direction, if any, it • will proceed. 3 •-3- • EXHIBIT C - Mai • This map should clearly define the permit boundaries and contain sufficient information to determine tho location of the affected land on the ground and existing and proposed roads or access ecotes to be used in connection with the mining operation. All inerediately adj..cent landowners of record must be shown. The quarter section corner, section line, or •.any other locatable points should also be shown on this map. EXHIBIT D - Wi d/I5e, Water Resources, Vegetation and Soils Information Each of the above-mentioned subjects must be addressed as outlined in the applicable RULE. EXHIBIT E - Reclaeaation Plan As with the mining plan, this should be a general discussion of the methods, equipment, phases or stages of the reclamation process end those portions of land affected by each. If possible, the plan should be closelu correlated with the map. If not, the narrative mist be comprehensive enough to draw an accurate verbal picture of the expected appear- ance of the are after completion of reclamation. EAWIBIT F - Procf of Compliance with Local Government Zoning In accordance vi:h 34-32-115(4) (e) , the Board must make a finding that the operation will be in compliance with local zoning or subdivision regulations. You are not required to submit this information, but a submission would assist the Division's pro•- cessing of the :ippiication. When the Division notifies the local government of the existence of tie :application, it will request information regarding compliance with • applicable loci, law. It is intended that operators may concurrently come into cerell- ance with Iota; requirements at the same time the Division is processing this applica- tion. Information regarding the status with local government will be helpful. Ee IBIT G - Scu'.ce of Legal Richt to Enter This could bee eep;; of the lease, deed, abstract of title, or current tax receipt. An acceptable :a.?t•'rn3tive would be a statement acknowledged by a notary public thi.t the operator has the legal right to enter and mine. EXHIBIT H - Reclamation ration Costs For a 110 permit, if the operator requests financial warranty to be less than $5,000.00, the operator mist submit facts to support such a request. Otherwise, a financial warren' of $5,000.00 wiis automatically be set. For all 111 permits, the financial warranty shall be $2,500.00 poe acre. _ xuIBIT I - Ter es of Governmental Contracts (111 Annl.ications only) h'or Special 10-Day (1.11) permits, the operator must submit a copy of the contract or other proof the: croves the necessity of a special I0-day permit. The operator must also s;:brnit evidence or the financial warranty provided under the governmental contract, if it was :-equine.'. • 4 • -4- • NOTICE PROCEDURES • After the application is considered "filed" (pursuant to RULE 1.1(10) with the Mined Land Reclamation Division, notice procedures outlined in RULE 3.2 and/or 4.2 must be followed. (Format for such notices will be included in the letter you received from the MLR staff .informing you of the Completeness ("filing'') of your application. FINANCIAL WARRANTY Prior to permit issuance, proper performance and financial warranty must be received in accordance with RULE 7. Please obtain the appropriate form for your chosen method of financial warranty. ADDITIONAL INFORMATION This space can be referenced for further information of any of the items on this form. • . . BY: TITLE: • DATE: _ (Rev. 3/9/82) 5 • bitUUN 31Lr_ Li.../ t li.P 11Url • S PROJECT .rdE! ; p '"�/✓t/ eC 7 i^/ 6g �4� PROJECT NO. --,-.__.__._._-._ • SAMPLE NO. / DATE OF TEST e/S,B/ LOCATION re 1/ ;eA2fie ,7- SAMPLED BY J, Aezc-iv,:rn CLASSIFICATION TESTED BY ,! 8,1,E-,4,4 WEIGHT OF DRY SAMPLE AND CONTAINER /, 2�'/, 57 - 7/8.‘o %7.9,c ...c.9-1yr, WEIGHT OF CONTAINER . -,. .x©49, 94) 87.Y,oD ,P -Tete 44-1' WEIGHT OF DRY SAMPLE 97e—fie'.._...-., J 9.0a - 4 ' , 4 2 /o4./t/ GRADATION 3?. qo 7.4 L °7204 ' IEVE':S WEI'PT RETAINED - ' % RETAINED i % PASSING SPECIFICATION I Rio /,‘S9. S-S _1_?�.`��_ _��` ?4.___i_____.._______________ _.. � — ._...____.___._____ • Is-eae:7 :".19, 514, ____i_____9_,_,Za,.....______________ __________ ________._ r 1 _�..� l"---- • _____________I TOTAL WEIGHT ___9/2_so _.. , % LOST , D/ - FIELD MOISTURE CONTENT WET WEIGHT ATTERLERG LIMITS DRY WE ' LIQUID LIMIT .-_ _� ....___p LOSS _ I PLASTIC LIMIT _ p ! MOISTURE - j• PLASTIC INDEX a j _� GROUP INDEX -------------- --- 11 • • • ENVIRONMENTAL CONCERNS The impact of this gravel pit is minimal . There is only one residence within one mile of the site, (a). The impact on the ,.ildlife will be minimal due to the vastness of similar habitat in the near vicinity and the fact that this pit has been in operation for many years . The Division of Wildlife has been contacted and their comments and recommendations are included. (b) There are no streams on the site. Surface water is Intermittant and with the site having minimum slopes , no drainage problems should exist. (c) . Vegetative inventories and seeding recommendations by the Soil Conservation Service have been obtained and are included for review. (d) . The soils information is included in the review by the Soil Consei- l" vat ion Service. S 12 • • • RECLAMATION PLAN Weld County will initiate the reclamation procedure as part of the mining phase. The topsoil will be stripped from the area to be mined and stockpiled. At the end of each mining operation where the pit has been completed, the banks will be shaped to a slope not to exceed 4:1 , and the ,.va ! lable topsoil replaced. As the reclaimed area is the same as the ruined area, the topsoil depth replaced will be equivalant to the existing ground topsoil depth. The sloped banks will he left in a rough condition to minimize wind erosion and runoff. Upon completion of the pit or the end of the lease, the County will complete the recommended seeding and revegetation of the site. • I 13 /e• rtment of United States Soil Depa Conservationq i Agriculture Service 4302 W. . th St. Rd. , Greeley, C080634 • July 13, 198 : erald 8. 'icT.ae `icRae & Short, inc. 1227 8th Ave. ireeley, CO rn631 Tear 'Ir. 4cRac: Please find enclosed information which you requested regarding the reclamation bf four open-pit :Tavel mining operations located in Weld Co. , Colorado, on the following sites: 1 . Lehr pit SEk Section 1 , TiON, P67W 20 + ac. 2. Sheffer pit S1/9 Section 5, T11 N, 857W 9 + ac. 3. Wilson pitSt Section 30, 'C8' , +571,1 20 + ac. 4. J. i i m' e pit SE-, Sectiin 12, 910N, P60W 9 ± ac. The soils on these sites consist mainly of Cascajo or .'eetz gravelly sandy loam. i'.escriptions C each have been enclosed for your review as well as vegetative inventories CTn• the Lehr, Wilson and Ehmke pit areas. -Vegetation adjacent to the • Sheffler pit c.,nsisted primarily of crested wheatgrass and yellow sweetclover. . Prior to acts;.=' seeding, the area should he shaped so that slopes do not exceed a grade of 4: 1 . Topsoil should then he replaced to a minimum depth of 6 inches. Selection of species was based upon existing vegetation near the sites as we' ! as the ease of establishment exhibited by certain grasses on the soils involved. have made tea different seeding recommendations to be used on the four sites al they are as Coilows: l c rhunke its Lehr, Wi �,r� and �__ lbs./ac. to ari.ety :es of ",ix_ be seeded Acres Total Pi ''' 'Vaughn ,'ideoats grama 50 4. 5 lbs. 49 ± 220.5 lbs. Lovington iioe grama 30 0.9 lbs. 49 + 39.7 lbs. 'astura Ti- tle bluestem 20 1 .4 lbs. 49 + 68.6 lbs. 328.8 'hs. Pbs 'r PLS - . .:re Live Seed = (4 Germination X Purity • o 14 I . Sheffler_ t • S=, S,y ofiix lbs jac, try be seeded Acres rt otal_fi~" ari etv �.ec_es ._L__ � - Luna Pubescent wheat 100`' 9.0 lbs. 9 81 lbs. PT.". The above see :ng rates are based on 40 PL5 per square foot for critical area plant- ings. lhe seed shoud be planted to a depth of -- to 3/4 inches using a grass dril equip- ped with a s+iisfactory feeding mechanism, agitator, double disk furrow openers and packer wheels. ' straw mulch should be applied at the rate of 40f0 lbs./ac. and should be crped into the soil to prevent blowing. Several other mulching methods are available and T. have enclosed a copy of our mulching standards and specif.i.cati^ns for your use. Prior to seeding, fertilizer shfluid be applied at a rate of 40 lbs. of phosphorus and 40 lbs. of ntrr=en per acre. Seeding shoui:l be done in the fall of the year, usually after October 31st, when the ground is suf:';ciently cold enough to prevent germination before the next years grow- ing season. :'pri.ng seeding before April 15th' is also acceptable, but not recom- mended, since spring tillage operatLons tend to deplete soil moisture. if a grass dri :l Is not available and a broadcast method of seeding is used, the seeding rate should be doubled and the seed raked into the soil to insure good seed • to, soil contact. It is importan that all critical area plantings be protected from disturbances by people, vehic:es and livestock until. the new vegetation has sufficiently been established. If .i can be l any further assistance to you concerning this matter, please contact me. incer ly, ze:4,4,c „<", /2"/6...e Alan R. i'-orke;. :range Conservationist " reeley S:'S ` !old Office a, ';c: :grew "he:.t 'nr:a, Weld Co. Engineer • 15 C0-°:S-5 • • U.S. Department of Ayricul1urt 6/52 Soil Conservation Service ( 130-12-11) ' PART I - GRASS SEEDING PLANNED • Planner: r,, i' rkey Eats: 7 �i 1/f Producer: Contract or Agreement I I. Field No. _ C. ;;or.tract Item No. __ Practice No. and Name r:r t-r.Y1 "rea i nt.!ni—___ Lana Resource Ar•ca _T_ Irrigcted Dry land S Range Site (.rat 1 :;renks ___+ _ 2. PH- ned: iis-ht d'nk ink? :.o remove weeds �c See be prep: (a) MethoC break llp;rurThcc cr'.i. t _ Se^.Ciny :jF.eration: (a) Method: Cr ill _.. (5) ACprox imate dates inter[,C..c .. ________ (c.) Crean tilled brow^. ost -- _____ Firm seedbed 4 Stubble cover (b) Drill spacing if.„_f±rc (c) Late _ __ Interseed _ — — Ty,.e _ (d) planti'.; ce;'r. '•; other F'ert i : i2er: weed control: rounds actual per acre . GQ 1hs. (ava: Table) '2"5 40 lbs. Mowing: Y r: Chemical. Type & Ar,:... . . Dates: MuIcf : Kind: ' _ • H Amount: founds/4c Ow-app - __ how-anchored: a F.ncnorage depth: __ Seed: (1) (i. Required PLS rates % of spF::•es variety Spec'es per acre ( 100%) in mi • ;i, -11171D ^ en.t whAntgr&ss � .C 1hs ./ap• 1Orr__ I (3) (4) (5) PLS seeding rate Tcta: 'LS Ids/ per species/Ac. Planner; spedies planned (1)x(2) Acres (3)x(4) (' C 1h S__ ___1,11-__ _ea lb-S ,O.1 c ID It��n.a�`ha _ ._....._ ___________ ....._ ....._ _ ____ _______ _____ 16 • • UNITED STATES DEPARTMENT OF AGRICULTURE Technical Guide • Soil Conservation Service Section IV Colorado All Field Offices February 1982 STANDARDS AND SPECIFICATION MULCHING - 484 (Acre) • Standard Definition R. Straw or Hay Mulch Applying plant residues or other 1 . The material will be grass materials not produced on the site to hay or cereal grain straw (both the soil surface. referred to as straw in these specifications) . Purpose 2. The normal rate of appli- To conserve moisture; prevent surface cation shall he 4,000 lbs/ac. of compaction or crusting; reduce runoff air-dry material spread uniformly and erosion; control insects; and help over the area. establish plant cover. 3. At least 507, of the mulch Conditions where practice applies by weight shalt be LO inches or more in length. • On soils subject to erosion on which low-residue-producing crops, such as 4 . The straw will he free of grapes and small fruits are grown; on noxious weeds. critical areas; and on soils that have a low infiltration rate. 5. One of the following methods of anchoring the straw mulch will be used: Specifications a. Manufactured mulch A. General netting: Mulch netting will be pulled hand tight over straw. 1 . The area shall be relatively Mulch netting will be held firmly smooth and free of gullies or drifts. in place by metal pins commer- cially available from mulch net 2. Mulching material shall be manufacturers for this purpose. applied immediately before or after They are usually made of 8 guage seeding unless seed is applied with wire and are 6-8 inches long. Pin the mulch. When stabilizing sandy spacing will he in accordance with soils it is recommended that seeding the manufacturer's instructions. will he done after mulch application Ff the soil is sandy or otherwise to prevent seeding too deep. For loose, use longer pins and wooden additional information refer to stakes to firmly secure the Agronomy Technical Note 1147 (Rev. 1) . netting. TCN 11187 '1 17 -, 484-2—Mulching b. Asphalt: Either liquid or emulsified asphalt products may be blown on with the straw, or sprayed br sprinkled after the straw is spread. An application rate of 0.10 gal/sq.yd. or 500 gal/ac. should be used with the liquid asphalt and a rate of 0.04 gal/sq.yd. or approximately 200 gal/ac. should be used for the emulsified asphalt. Manufacturer's recommendations should be followed in the mixture of asphalt and carrying agent. c. Other products are polyvinyl T acetates and organic tackifiers. d. Mechanical method — special equipment is manufactured specifically for this purpose. However, if a "mulch crimper" is not available, a farm type disc plow can be used by setting the disc straight and apply adequate weight to crimp the straw 4 inches into the soil. C. Jute Netting A heavy woven jute mesh designed for mulching. Install in accordance with the manufacturer's recommendations. D. Excelsior Mat A wood product covered with a plastic netting. Installation will be in accordance with the manufacturer's recommendations. • E. Erosion Control Fabric or Blanket A biodegradable polypropylene material constructed with knitted yarn interwoven with strips of paper. Installation will be in accordance with the manufacturer's recommendations. F. Feedlot or Barnyard Manure 1 . The manure must be of a type that has 60% or more, by weight, heavy chunks 5 inches or more in diameter. Granular or powdery manure will not meet specifications. 2 . The minimum rate of application shall he 20 tons per acre spread uniformly over the area. 3. The manure will be applied immediately before or after seeding depending on conditions determined by the technician. TGN #182 2/82 18 • • 20—Cascajo gravelly sandy loam, 5 to 20 percent 51—Peetz gravelly sandy loam, 5 to 20 percent slopes. This deep, excessively drained soil is on siopea. This deep, somewhat excessively drained soil • backslopes and shoulders of moderately dissected to on backslopes and shoulders of moderately dissectedhighly dissected upland ridges and breaks. It formed in highly dissected upland ridges and breaks. It formed in calcareous gravelly alluvium. Slopes are concave. Areas calcareous gravelly alluvium. Slopes are convex. Areas are long and narrow and are 20 to 1,000 acres. are nearly linear in shape and are 20 to 1,000 acres ie Typically, 15 to 35 percent of the surface is covered s1zt' with gravel and cobbles. The surface layer is dark Typically, 15 to 35 percent of the surface is covered grayish brown gravelly sandy loam 3 inches thick. The with gravel and cobbles. Typically, the upper part of thr next layer is calcareous very gravelly loamy coarse sand surface layer i e s grayish brown gravelly sandy loam 21 inches thick. Below this to a depth of 60 inches or inches !hick, and the lower part is brown wee, gravelly more is calcareous very gravelly loamy coarse sand. loamy sand 4 inches thick. The underlying material to ;i Included in this unit are small areas of soils, on depth of 60 inches or more is calcareous very gravelly backslopes, shoulders, acid crests of upland ridges and sand. breaks, that have fine-grained sandstone or siltetone at a Included in this unit are small areas of Aitvan sandy depth of 20 to AD inches; Rock outcrop on shoulders loam on the tops of upland ridges and breaks; Rock and crests of upland ridges and breaks; and Otero sandy outcrop on shoulders of upland ridges and breaks; roam and Stoneham fine sandy loam on the lower parts Bushman fine sandy loam on backslopes and foot of backslopes and on upland ridges and breaks. slopes of upland ridges and breaks; and Ascalon tine included areas make up about 25 percent of the total sandy loam and Wages fine sandy loam on foot slopes acreage. The percentage varies from one area to of upland ridges arid breaks. Included areas make up another. about 20 percent of the total acreage. Permeability of this Casca}o soil is moderately rapid to Permeability of this Peetz soil is rapid. Available watt a depth of 3 inches and rapid below this depth. Available capacity is moderate. Effective rooting depth is 60 •isater capacity is moderate. Effective rooting depth is 60 inches or more. Runoff is slow, and the hazard of wate riches or more. Runoff is medium, and the hazard of erosion is high to very high. The hazard of soil blowing eater erosion is moderate to very high. The hazard of slight. seii blowing is slight. Most areas of this unit are used as rangeland. A few Most areas of this unit are used as rangeland. A few areas are used as a source of gravel areas are used as a source of gravel. The potential plant community on this unit is mainly • The potential plant community on this unit is mainly blue grams, little bluestem, sideoats grama, and prairie blue grama, little bluestern, sideoats grama, and prairiesandreed. fhe average annual production of air-dry sea:treed. The average annual production of air-dry vegetation ranges from 500 to 1,200 pounds. vegetation ranges from 500 to 1,200 pounds. If the range is overgrazed, the proportion of pros: re( If the range is overgrazed, the proportion of preferred forage plants decreases and the proportion of less forage plants decreases and the proportion of less preferred forage plants increases. Therefore, livestock preferred forage plants increases. Therefore„ livestock grazing should be managed so that the desired balanr lazing should be managed so that the desired balance of preferred species is maintained in the plant of preferred species is maintained in the plant community. community. Management practices that are suitable for e+se on it Areas that are heavily infested with undosirable plants unit are proper range uSO, deferred grazing, and rotatie can be improved by proper grazing management. grazing. Livestock grazing should be managed to prote management practices that are suitable for use on this the soil in this unit from erosion. Slope limits access i.'. unit are proper range use, deferred grazing, and rotation livestock and results in overgrazing of the less sloping _hazing. Mechanical treatment is not practical because of areas. If the plant cover is disturbed, protection from the stony surface and the steepness of slope. if the erosion is needed. Loss of the surface layer results in severe decrease in productivity and in the potential of pant cover is disturbed, protection from erosion is needed. Loss of the surface layer results in a severe the soil to produce plants suitable for grazing. decrease in prods activity and in the potential of the soil in This unit is poorly suited to windbreaks and this unit to produce plants suitable for grazing Slope environmental plantings. The main limitations are the high content of lime and the moderate available water limits access by livestock and results in overgrazing of the less sloping .areas capacity. Supplemental irrigation may be needed when planting and during dry periods. Summer fallow, This unit is poorly suited to windbreaks and cultivation for weed control, and selection of adapted orivironrnental plantings. The main limitations are the plants are needed to insure establishment and survival large accumula;ens of limo and moderate available of seedlings. water capacity. Supplemental irrigation may be needed This map unit is in capability subclass Vie, when planting and during dry periods. Summer fallow, nonirrigated, and in Gravel Breaks range site. cult nation for weed control, and selection of adapted III plants are needed to insure establishment and survival c:f seedlings. This map unit is in capability subclass Vas, ronirngated, and in Gravel Breaks range site. 19 0 MINED LAND WILDLIFE QUESTIONAIID for limited impact .and select regular mine applications 1. Name of Company/Mine: WELD COUNTY (SHEFFLER PIT) 2. Name/Address/Phone of Contact Person: DREW L. SCHELTINGA, DIRECTOR OF ENGINEERING FOR WELD COUNTY, P.O. BOX 758, GREELEY, CO. 80632, PH: 356-4000, EXT. 750. 3. Location of Mine: S 1/2 SW 4, 5-11-57 (County, Township, Range, Section to nearest quarter quarter; Exhibit A-- SLR appl.) 4. Nearest Town/General Location: 23 MILES NORTH & 5 MILES WEST OF STONEHAM, WELD COUNTY,[ 5. Land Ownership (Circle)O1 Private 2. BLM 3. USFS 4. Other GRAVEL LEASE TO COUNTY 6.. Present Land Use: GRAZING _ __.. .._. .. 7. Proposed Final Land Use: RETURN TO ORIGINAL USE 3, Type of Operation: O1 Surface 2. W , 9. Minerals being mined: GRAVEL 10. Number and Description of Surface Acres Disturbed by Mining/not including roads (Exhibit D-MLR) : ±9.9 ACRES 11. Miles of roads to be constructed: 300 FEET • 12. Life of Mine (years) : ±5 YEARS 13. Description of Operation and Reclamation -- Additional sheets may be attached (Exhibits A & E—MLR) Report being, prepared. • S. Please enclose Maps of Project Operation, Disturbance Areas and Reclamation (Exhibit C.) This will expedite processing. Your cooperation is appreciated. Mc;`E & SHORT, INC. `:,, Prepared by: � �71/(V i ate :_mk5x se /983 20 11r4' 1 .,f 7 • MIN.AND WILDLIFE STATEMENT/EVALUAl 7 (Revised) for limited impact and select regular mine applications The following information pertaining to wildlife is provided for use by Mined Land • Reclamation Board in their consideration of a mining permit for: Sheffler Pit, Sand & Gravel - SW1, Sec. 5, T11N, R57W, wield County Name/Type and Location of Mine (Legal) Wildlife Species list: Antelope, deer, coyote, badger, weasel, pheasant, dove, raptors, seasonal song- birds and small rodents Endangered/critical species/impacted: No known threatened or endangered species. Critical habitats/vegetative communities impacted: . N/A . Assessment of impact: Minor - Open weedy pastureland, poor sandy soil - old pit. Mine Reclamation recommendations (include key species/habitats for which restoration is designed) . Grade and Level and reseed to native grasses. • • Pro'ared By: Don Bogart _ Date: 7/5/83 Submitted Bv: _W— Date: This statement is void if not processed within L Year. This analysis does not constitute approval or application, P: ^.e 1 o 2l L 0• O• REFERRAL LIST APPLICANT: Weld County Engineering Department CASE NUMBER: USR-592:83:55 SENT REFERRALS OUT: October 31, 1983 REFERRALS TO BE RECEIVED BY November 21, 19. z z m o m o z H 2 H H 6 Cr) 0 66 41 H LID ff Ct H U 2 0 U O q 2 O ' W Z vwWi b W vP'i O U O W 0 U O a W U W U z � x 0 0 C z z { County Attorney (plat only) Jack Holman I\ XX Planning Commission Member KWeld County Health Department 28236 Weld County Road 582 XX Greeley, Colorado 80631 Engineering Department )/ XX Greeley Soil Conservation County Extension Agent Service 4302 West 9th Street Road Colorado Geological Survey Greeley, Colorado 80634 1313 Sherman Street _ Room 703 Denver, Colorado 80203 IJ State Engineer Division of Water Resources 1313 Sherman St. , Room 818 Denver, Colorado 80203 State Highway Department 1420 2nd Street Greeley, Colorado 80631 7 Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, Colorado 80220 • • d� . I I;-f Or Ip. . ,. 1 Jr, b RVICEC Kik Pliorn (303 1 356-4000 5614000 0 EX. 4f 915 10tH STREET GREELEY,COLORADO 30631 O CASE NUMBER USR-592:83:55 COLORADO November 1, 1983 REFERRAL TO WHOM IT MAY CONCERN: Enclosed is an application from Weld County Engineering Department for an open-cut gravel pit (dry pit) • The parcel of land is described as part of the sW1/4, Section 5, T11N, R57W of the 6th P.M. , Weld County, Colorado The location of the parcel of land for which this application has been submitted is North of Weld County Road 132 and east of Weld County Road 135 This application is submitted to your office for review and recommenda- tions . Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facili- tate the processing of the proposal and will ensure prompt considera- tion of your recommendations . If a response from your office is not • received within 14 days of mailing from our office, it may be in- terpreted to mean approval by your office. If you are unable to respond within 14 days (but wish to do so at a later date) please notify our office to that effect . Check the appropriate boxes below and return to our address listed above. Please reply by November 21, 1983 so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in this matter . 1. 1 We have reviewed the proposal and find no conflicts with our interests. 2. A formal recommendation is under consideration and will be submitted to you prior to 3 . Please refer to the enclosed letter. Gh Signedçi4t4i1(� 1' �C 4MA Agency �— -,_..;` ate if / `�l?- ir r,9V 3 1983 Rod Allison, Current Planner II Weld Co. Planning Commission RA:re 0/10 11P,..;7 • c • NOV 3 WVYo�f 000 \ 1,rl P - ��,1 VHONL 13031 .1564000 EX T ,_• rf -LC , c, 91570 fH STR / GREECE V,COLORADO 8L anninq Cam,pssa;; CASE NUMBER USR-592:83:55 COLORADO November 1, 1983 REFERRAL TO WHOM IT MAY CONCERN: Enclosed is an application from Weld County Engineering Department for an open-cut gravel pit (dry pit) The parcel of land is described as part of the SW1, Section 5, T11N, R57W of the 6th P.M. , Weld County, Colorado The location of the parcel of land for which this application has been submitted is North of Weld County Road 132 and east of Weld County Road 135 This application is submitted to your office for review and recommenda- tions . Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facili- tate the processing of the proposal and will ensure prompt considera- tion of your recommendations. If a response from your office is not ' received within 14 days of mailing from our office, it may be in- terpreted to mean approval by your office. If you are unable to respond within 14 days (but wish to do so at a later date) please notify our office to that effect . Check the appropriate boxes below and return to our address listed above. Please reply by November 21, 1983 so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in this matter. 1. ✓ We have reviewed the proposal and find no conflicts with our interests . 2. _ A formal recommendation is under consideration and will be submitted to you prior to 3 . Please refer to the enclosed letter . Signed z '�t.��;, Agency �1��p.>i .F/ e L Date //-/9-a' Rod Allison, Current Planner II RA:rg Ovot • • PIIONI (30313TH-O000 EXT. 915 10TH SIRE GREELEY,COLORADO 80( 111111DQ CASE NUMBER USR-592:83:55 COLORADO November 1, 1983 REFERRAL TO WHOM IT MAY CONCERN: Enclosed is an application from Weld County Engineering Department for an open-cut gravel pit (dry pit) • The parcel of land is described as part of the SW4, Section 5, T11N, R57W of the 6th P.M. , Weld County, Colorado - The location of the parcel of land for which this application has been submitted is North of Weld County Road 132 and east of Weld County Road 135 This application is submitted to your office for review and recommenda- tions . Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facili- tate the processing of the proposal and will ensure prompt considera- tion of your recommendations . If a response from your office is not received within 14 days of mailing from our office, it may be in- terpreted to mean approval by your office. If you are unable to respond within 14 days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by November 21, 1983 so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in this matter . 1 . We have reviewed the proposal and find no conflicts with our interests . 2. A foLmal recommendation is under consideration and will be submitted to you prior to 3 . Please refer to the enclosed letter. Signed Agency Date JL -11,7 1'7& , Current Planner II RA:rg vv merf1® nDunf „Kt_(ft tiliDeTo Rod Allison, Planning Date November 21, 1983 COLORADO From Ron Stow, Environmental Health Subject: Weld County Engineering Department USR-592:83:55 Sheffler Gravel Pit USR-593:83:56 Wilson Gravel Pit USR-594:83:57 Ehmke Gravel Pit Our comments on these three sites are as follows: 1. Application must be made to the Colorado Air Pollution Control Division, Colorado Department of Health, 4210 E. 11th Avenue, Denver, CO 80220 for a fugitive emissions permit for each site. I have enclosed enough appropriate application forms (see attached) . 2. Colorado noise standards must be maintained off-site (C.R.S. 25-12-101 et. seq.) 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I i 1/44;. - ( r N ,._ ; 11 ._ '�� \ II , i ( '-'- ;7 I I a ' ( , t' / I _________5----=;--;--7- , ' \ - c T. //M,R.57W.,„ ) A '\ � , B ‘-ti jwe��' - o • S ;; cre F Shef lee P�t ". x/32 \ I ✓ �r,Weld Co Rood �� ) ' 1 j i1\ II5 �J >A9Ta. a,.-><.r. \c Well ' / ) 1' ,f,l \ 1 ( it c j l c.,„ ), it � �� fob ...__k �� u killer I r �� i a �S, I �I D r _f reek ieJA ( f r... 1 jjj s�, } 500'A dn�n�ol Owrer 14-1(411m.. I L`�1OCA A , c. icel Alo• Pit VICINITY MAP • Co 202.2/06000 lo5 Is,, `, _ SHEFFLER PIT r'• 'WELD COUNTY - ENGINEERING DEPARTMENT WELD COUNTY, COLORADO S I I 9 r SHORT, INC, 119-832 r McRAE & �S O /07L of 6ffitartier • Ac/98° /8' 50-E 66(1o' ,O' n O 4 NI h kil Sq 9. 979 Ac. (1) I Sea Ip . / "z goo' �. a NT. a Pin F�ocind CV h Zi 0O 0 5t6 ,/ �i+n Dosi' f\ 1), (r) ec True po,n4 {CO of c7� inn;n 988/8 50' S88°/:•so'h1 t 89O.O' -Zo' Aced,re F?oad l: -� Q � I M .-. R/OP 4/' /o-/c/ Nal �f !O ,W S OP°•4/' 1O"E, 284. /9' SrEC'c�r. I- Cn h 305. 08. :Z83.60' T.II 4, R 57'.1\ 6'90° 00'00" W , 20.o' J` � N90.40'00 ' E — A/ web°. Cwin 771Febad I32 III LEGAL DESCRIPTION A TRACT UI LAND LOCATED IN TNF SOUTHWEST QlfARIER OF SECTION 5, TOWNSHIP 1. 1 NORTH RANGE 5% ;TEST OF THE 6th P.M. , WELD COUNTY , COLORADO AND BEING MORE PART I CULARL ' DESCRIBE) AS FOLLOWS: COMMENCN%; AT THE SOUTHWEST CORNER OF SAID SECTION 5 AND CONSIDERING THE 50uT:i LINE OF '-:AID SECTION 5 TO BEAR NORTH 90° 00' 00" EAST, WITH ALL OTHERS BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO; THENCE NORTH 90° 00' 00" EAST , 1132.90 FEET; THENCE NORTH 010 41' 10" WEST. 305.08 FEET TO THI. TRUE POINT OF BEGINNING; THENCE i,0R1H 01° 41' 10" WEST, 650.00 FEET; THENCE NUI-,T11 88° 18' 50" EAST, 660.00 FEET; THENCE WWII 01° 41 ' 10" EAST, 650.00 FEET; THENCE ` ')UTH 88° 18' 50" WEST, 350.00 FEET; THENCE SC1iUTH 01° 41' 10" LAST, 284. 19 FEET TO A POINT ON THE NORTH RIGHT-OF-WA'' LINE 01 WtLD COyNTY ROAD NO. 132 (30 FEET NORTH OF SECTION LINE) ; THENCE �'UUTH 90' 00' 00" WEST, 20.00 FEET ALONG SAID NORTH RIGHT-OF-WAY LINE; THENCE ''.ORTi1 01° 41' 10" WEST, 283.60 FEET; THENCE ::'.JUTH 88° 18' 50" WEST, 290.00 FEET TO THE: TRUE POINT OF BEGINNING; SAID TRAfl OF LAND CONTAINS 9. 979 ACRES, MORE OR LESS. SURVEYOR'S CERTIFICATE ',„0��1,511aibl!ifi,.b.,. I DO H1:PI_'.>1 CERTIFY THAT , UNDER MY PERSONA! SUPERVISION, •O .1�:0,Et,,`.9, ' THIS PIA, AND LEGAL DESCRIPTION WERE PREPARED ON OCTOBER —4,.,,,.- '�', ,..:1,4';- 3, 198: EPOM AN ACTUAL AND ACCURATE. SURVEY OF THf. LAND ? 1 "„ *S 6 5 i `. , COMPL TLIi (}�•1 JULY 1, 1983.ID ., .--- �` � � z,. , ...,...4-# .,e,.6 ,._....1., -....: - :- GERALD '3. McRAE. PROFESSIONAL ENGINEER AND `V'' '. LAND SUk J:.YUR, COLORADO REG. NO. 6616 10 PROJECT NO. 1'2-832 ` �. - - + _ f e • , . .. . _ ... # . •, 1 • r it- r.1S '� ' - - Ay, , i n ZI .... ,t • .t POI. y- .7- t - . iir II Irrea.a.:44.A.: .4 -. 411 .j ----"Illillihk. -�i1 ' °A ry s , b- 'r 41:1:# • o fir. • IN* \. - clic (lb %., _,.. Dimill 444' iiiin, dr , , , .''"I - . riii, M 3 til t I, I. k - - - X j . +I •_ ~ ! " It It • 0 - r I I • _ t 4 • 1 • '/' ii'at' t� - • - - - - • _ IL • . It 4 7. sNISI et n • r a iiii el 4 L A iii41 .1 , . t.A.••.r •i ' ,' 1 IJ1 l I O is . Cd( : 'On 1. .• 4 II: 4t1. * .. . tn. 1 r I . IIIISH: Y 1 - • •.. - S: t - • -- ' .'' 2 OOP • • • . . •.... i, • . • . . ... . _ I •. ' . ,. 4, -• 1 { ` 2 . • r t Y..It. . i if • 4:': ;I. . • • f ct • _ . • Ill- .'./ • Nigillfr 41 4: 4 • cr r . . .a . • I _ 4.- s.- e . . ^ e .4 4 lib 1 la O 1 i ., - - r . • CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the attached Notice of Hearing in case 4 USR 592 for Weld County Engineering Dept. in the United States Mail postage prepaid First Class Mail, and addressed to the above stated persons, See attached list This 4th day of November , 19 83 . /.otk, TO: SURROUNDING PROPERTY OWNERS USR 592 There will be a Public Hearing before the Weld County Planning Commission on Tuesday Dec. 6. 1983 at 1 :30 p.m. in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 IOth Street, Greeley, Colorado concerning the request of: NAME: Weld County Engineering Department FOR: Dry Open-Cut Gravel Pit LEGAL: SW1i Sec. 5, T11N, R57W of 6th P.M. . Weld County LOCATION: North of WCR 132, East of WCR 135 Your property is within 500 feet of the property on which this request has been made. For additional information contact: WELD COUNTY DEPARTMENT OF PLANNING SERVICES 915 IOth Street - Room 342 Greeley, Colorado 80631 Phone - 356-4000 - Ext. 4400 • � • MAILING LIST USR 592 Weld County Engineering Dept. Robert and Mary Biggs 525 Monroe Street Kimball, NE 69145 Gary and Jean Sheffler Box 23 New Raymer, CO 80242 Arthur and Melva Heim Box 57 Bushnell, NE 69128 Walter Younglund John Younglund New Raymer, CO 80742 Arnold Hoops, et al c/o Mrs. Lila Kuxhausen 8200 Bolsa Avenue Suite 157 Midway City, CA 92655 Samuel and Minnie Wyatt S. Rt. 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