HomeMy WebLinkAbout891003.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW
PERMIT FOR AN OPEN-PIT MINING OPERATION AND MATERIALS
PROCESSING FACILITY - C & M COMPANIES
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public
hearing on the 13th day of September, 1989 , at the hour of 10 :00
a.m. in the Chambers of the Board for the purpose of hearing the
application of C & M Companies , P.O. Box 490, Niwot, Colorado
80544, for a Site Specific Development Plan and Special Review
Permit for an open-pit mining operation and materials processing
facility on the following described real estate, to-wit:
SW} SW} of Section 29, Township 2 North, Range
68 West of the 6th P.M. , Weld County, Colorado
WHEREAS, said applicant was represented by Gary Tuttle, of
Tuttle Applegate Rindahl, Inc. , and
WHEREAS, Section 24 .4 .2 of the Weld County Zoning Ordinance
provides standards for review of said Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the
testimony and statements of those present, has studied the request
of the applicant and the recommendations of the Weld County
Planning Commission and all of the exhibits and evidence presented
in this matter and, having been fully informed, finds that this
request shall be approved for the following reasons:
1 . The submitted materials are in compliance with the
application requirements of Section 24 .7 of the Weld
County Zoning Ordinance.
2 . It is the opinion of the Board of County Commissioners
that the applicant has shown compliance with Section
24 .4 .2 of the Weld County Zoning Ordinance as follows:
a. The proposal is consistent with the Weld County
Comprehensive Plan' s Agricultural, Transportation,
and Mineral Resources Goals and Policies. The
Conditions of Approval and Development Standards
will assure that these goals and policies are met.
The Comprehensive Plan policies encourage the
��0440 ; ry ftr 891003
Page 2
PE: USR - C & M COMPANIES
development of sand and gravel and other mineral
resources on agricultural land.
b. The proposal is consistent with the intent of the A
(Agricultural) Zone District and is provided for as
Use by Special Review.
c. The proposed use will be compatible with the
existing surrounding land uses. Special Use Permits
260 and 447 both for open-cut mining operations are
located immediately north of the proposed Use by
Special Review site. The proposed use will
continue to be compatible with the existing
surrounding land uses and with the future
development of the surrounding area as projected by
the Weld County Comprehensive Plan.
d. The Special Review Permit site is located in the
100 year floodplain. The Special Review
Development Standards and Conditions of Approval
address the Floodhazard Overlay District
requirements. No other overlay districts affect
the site.
e. Special Review Development Standards will provide
adequate protection of the health, safety and
welfare of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the application for a
Site Specific Development Plan and Special Review Permit for an
open-pit mining operation and materials processing facility on the
hereinabove described parcel of land be, and hereby is , granted
subject to the following conditions:
1. The attached Development Standards for the Special
Review Permit shall be adopted and placed on the Special
Review plat prior to recording the plat. The plat shall
be delivered to the Department of Planning Services and
be ready for recording in the office of the Weld County
Clerk and Recorder within 15 days of approval by the
Board of County Commissioners .
2 . The Special Review activity shall not occur nor shall
any building or electrical permits be issued on the
property until the Special Review plat is ready to be
recorded in the office of the Weld County Clerk and
Recorder.
291003
Page 3
RE: USR - C & M COMPANIES
3 . Prior to recording the plat, the owner/operator shall
satisfy the following:
a. The applicant shall meet with the office of the
Weld County Engineer to complete a Road
Improvements Agreement for Weld County Road 3-1/4 ,
as well as acceleration and deceleration lanes on
State Highway 52 , if applicable. The applicant
-shall provide all application materials and
Engineering of the improvements to State Highway 52
as required by the State Highway Department. The
County Engineer shall present the agreement to the
Board of County Commissioners for approval. A copy
of the approved agreement shall be forwarded to the
Department of Planning Services.
b. a Fugitive Dust Plan approved by the Weld County
Health Department shall be submitted to the
Department of Planning Services.
c. The operator shall furnish evidence he is insured
to the extent of not less than $100,000 .00 against
liability for any negligent act or omission by the
operator from the operation or maintenance of the
sand and gravel pit and the extraction and
production of sand and gravel and all activities
connected with or incidental thereto.
d. The following note shall be placed on the Special
Review plat:
"Mined 'and PEclamation 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 Development Standards. "
e. The owner/applicant shall supply to the Department
of Planning Services' staff confirmation that the
oil wells located on the proposed site are in
compliance with the guidelines of the Oil and Gas
Conservation Commission.
4 . Prior to processing the stockpile aggregate, the
applicant or operator shall submit the following written
evidence:
8910-03
Page 4
RE: USR - C & M COMPANIES
a. A letter from the Division of Water Resources
approving the water supply source for processing
the stockpiled aggregate; and
b- A letter from the Weld County Health Department
approving the vaulted toilet and bottled water
supply.
5 . _Prior to teginning the open--cut mining operation, the
applicant or operator shall -submit evidence satisfying
the following:
a. _The use will not cause injury to vested or
conditional water rights, as set forth in Section
44 .4 . 11 of the -Weld County Zoning Ordinance;
b. An N.P.D.E.S. Permit has been obtained from the
Colorado Department of Health, Water Quality
Control Division; and
c. The -water supply -source has been approved by the
Division of Water Resources for each area being
worked.
The above and foregoing Resolution was, on motion duly made
and -seconded, adopted by the following vote on the 13th day of
September, A.D., 1-98-9 .
eAS BOARD OF COUNTY COMMISSIONERS
ATTEST:� WELDCOUNNTY,' C OLORADO
Weld County Clerk and Recorder
and Clerk to the Board C.W. itirby, Ch irman
EXCUSED
BY: Jac 'ne Johnson, Pro-Tem
Deputy County erk e�)a
APP OVED _AS O FORM: Gene 11. Bran ner
George p y
1 (/
County Attorney p�
Gordb34 ' �a
991003
DEVELOPMENT STANDARDS
C & M Companies
USR-886
1 . The Site Specific Development Plan and Special Review Permit
is for an open-pit mining operation and materials processing
facility located in the Agricultural Zone District as
submitted in the application materials on file in the
Department of Planning Services and subject to the
Development Standards stated herein.
2. Approval of this plan may create a vested property right
pursuant to article 68 of -Title 24, C.R.S. , as amended.
3 . The open-cut gravel operation shall comply with Section 44.4
of the Weld County Zoning Ordinance. Any violation of these
regulations shall to grounds for enforcement of Section 44 .6
of the Weld County Zoning Ordinance.
4 . All operations on the proposed site shall be in conformance
with the Weld County Flood Hazard Overlay District
Regulations including:
a. No fill, berms, or stockpiles shall be placed in the one
hundred (100) year flood _plain of the -Boulder Creek
which would obstruct passage of flood flows; and
b. Ail fuel tanks, septic tanks , temporary buildings, and
any other hazardous items that -night wash away -during
flooding shall be securely anchored and adequately
floodproofed to avoid creation of a tealth hazard.
Following completion of -Wining, all temporary buildings
shall be removed.
5 . No permanent disposal of wastes shall be permitted on the
Special Review site.
6 . The maximum -permissible noise level shall not exceed the
industrial limit of 80 dB (A) , as measured according to C.R.S .
25-12--102.
7 . "No Trespassing" signs shall le posted on the perimeter fence
and -maintained to clearly identify the boundaries of the
Special Review site.
891003
Page 2
DEVELOPMENT STANDARDS - C & M COMPANIES
8 . Fugitive dust must be confined on this site in accordance
with the approved Fugitive Dust Plan.
9. All truck traffic shall access the mine site via Weld County
Road 3-1/4 to State Highway 52 . No truck traffic shall be
allowed north bound from access on Weld County Road 3-1/4 .
10. All liquid and solid wastes shall be stored and removed for
final disposal in a manner that protects against surface and
groundwater contamination.
11 . An individual sewage disposal system or a vault is required
for the proposed facility and shall be installed according to
the Weld County Individual Sewage Disposal Regulations.
12. All liquid and solid wastes shall be stored and removed for
final disposal in a manner that protects against surface and
groundwater contamination.
13. The Special Review site shall be maintained in compliance
with the approved NPDES permit at all times .
14 . All construction on the property shall be in accordance with
the requirements of the Weld County Building Code Ordinance.
15. The property owner or operator shall be responsible for
complying with the Design Standards of Section 24. 5 of the
Weld County Zoning Ordinance.
16. The property owner or operator shall be responsible for
complying with the Operation Standards of Section 24 . 6 of the
Weld -County Zoning Ordinance.
17 . Personnel from the Weld County Health Department an-d Weld
County Department of Planning Services shall be granted
access onto the property at any reasonable time in order to
ensure the activities carried out on the property comply with
the Development Standards stated herein and all applicable
Weld County Regulations.
18. The Special Review area shall be limited to the plans shown
herein and governed by the foregoing Standards and all
applicable Weld County Regulations. Major changes from the
plans or Development Standards as shown or stated shall
require the approval of an amendment of the Permit by the
891003
Page 3
DEVELOPMENT STANDARDS - C & M COMPANIES
Weld County Planning Commission and the Board of County
Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall
be filed in the office of the Department of Planning
Services.
19 . The property owner or operator shall be responsible for
complying with all of the foregoing Development Standards.
Noncompliance with any of the foregoing Development Standards
may be reason for revocation of the Permit by the Board of
County Commissioners.
891003
HEARING CERTIFICATION
DOCKET NO. 89-41
RE: SITE SPECIFIC DEVELOPMENT PLAND AND SPECIAL REVIEW PERMIT FOR AN
OPEN-PIT MINING OPERATION AND MATERIALS PROCESSING FACILITY -
C & M COMPANIES
A public hearing was conducted on September 13, 1989, at 10:00 A.M. ,
with the following present:
Commissioner C.W. Kirby, Chairman
Commissioner Jacqueline Johnson, Pro-Tem - Excused
Commissioner Gene Brantner
Commissioner George Kennedy
Commissioner Gordon E. Lacy
Also present:
Acting Clerk to the Board, Mary Reiff
Assistant County Attorney, Lee D. Morrison
Planning Department representative, Rod Allison
The following business was transacted:
I hereby certify that pursuant to a notice dated August 23, 1989, and
duly published August 30, 1989, in The New News, a public hearing was
conducted to consider the request of C & M Companies for a Site
Specific Development -Plan and Special Review Permit for an open-pit
mining operation and materials processing facility. Lee Morrison,
Assistant County Attorney, made this matter of record. Rod Allison,
Planning Department representative, entered the favorable
recommendation of the Planning Commission into the record. Mr. Allison
also submitted copies of changes to the Conditions which have been
requested by the applicant and approved by the Planning staff. Gary
Tuttle, of Tuttle Applegate Rindahl, Inc. , came forward to represent
the applicant. He explained that a three-phase operation is planned,
and the proposed changes will allow them to obtain the necessary
permits for each phase in a timely manner. No public comment was
offered concerning this request. After discussion, Commissioner Lacy
moved to approve the request of C & M Companies for a Site Specific
Development Plan and Special Review Permit, subject to the Development
Standards as proposed by the Planning Commission, with the Conditions
amended as approved by the Planning staff. The motion was seconded by
Commissioner Brantner, and it carried unanimously.
This Certification was approved on the 18th day of September, 1989.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD/�COUNN�TY, COLORADO
Weld County Cle k and Recorder L,// ^e�
and Clerk to the Board } C.W. Kirby, Cha an
eypc-z J � EXCUSED
De uty County Cler Jacq a Johnson, Pro-Tem
ene R. Brantner
v,✓ s
TAPE #89-39
,eorge Kenne
DOCKET #89-41
PLO48O Gordon\E Z -C '�
/
891003
PUBLIC NOTICE
The Board of County Commissioners of Weld County, Colorado, on September 13,
1989, conditionally approved a Site Specific Development Plan and a Special
Review Permit for the property and purpose described below. Conditional
approval of this plan -creates a vested property right pursuant to Article 68
of Title 24, C.R.S. , as amended, for a period of three years.
APPLICANT: C & M Companies
P.O. Box 490
Niwot, Colorado 80544
LEGAL DESCRIPTION: SW} SW} of Section 29, Township 1 North, Range 68
West of the 6th P.M. , Weld County, Colorado
TYPE AND INTENSITY OF APPROVED USE: Open-pit mining operation and
materials processing facility
SIZE OF PARCEL: A0 acres, more or less
Failure to abide by the terms and conditions of approval will result in a
forfeiture of the vested property right.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: MARY ANN FEUERSTEIN
COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
BY: Mary Reiff, Deputy
PUBLISHED: September 21, 1989, in The New News
891003
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8910D3
ATTENDANCE RECORD
TODAY' S HEARINGS ARE AS FOLLOWS: SEPTEMBER 13, 1989
DOCKET #89-37 CHANGE OF ZONE ( A & C-3 to PUD) - HAROLD REESE, JR.
DOCKET #89-41 USR-OPEN-PIT MINING OPERATION AND MATERIALS PROCESSING FACILITY -
C & M COMPANIES
PLEASE write or print legibly your name, address and the DOC # (as listed
above) or the applicants name of the hearing you are attending.
NAME ADDRESS HEARING ATTENDING
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891003
C & M Companies
USR-886
Amendments to Condition 3, 4 and 5
3. Item 1
The applicant shall meet with the office of the Weld County Engineer to
complete a Road Improvements Agreement for Weld County Road 3-1/4, as
well as, acceleration and deceleration lands on State Highway 52, if
applicable. The applicant shall provide all application materials and
engineering of the improvements to State Highway 52 as required by the
State Highway Department. The County Engineer shall present the
agreement to the Board of County Commissioners for approval. A copy of
the approved agreement shall be forwarded to the Department of Planning
Services.
4. Prior to processing the stockpile aggregate, the applicant or operator
shall submit the following written evidence:
- A letter from the Division of Water Resources approving the water
supply source for processing the stockpiled aggregate; and
- A letter from the Weld County Health Department approving the
vaulted toilet and bottled water supply.
5. Prior to beginning the open-cut mining operation, the applicant or
operator shall submit evidence satisfying the following:
- The use will not cause injury to vested or conditional water
rights as set forth in Section 44.4.11 of the Weld County Zoning
Ordinance;
An N.P.D.E.S. Permit has been obtained from the Colorado
department of Health, Water Quality control Division; and
- The water supply source has been approved by the Division of Water
Resources for each area being worked.
891003
NOTICE
Pursuant to the zoning laws of the State of Colorado and the Weld County
Zoning Ordinance, a public hearing will be held in the Chambers of the Board
of County Commissioners of Weld County, Colorado, Weld County Centennial
Center, 915 10th Street, First Floor, Greeley, Colorado, at the time
specified. All persons in any manner interested in the Site Specific
Development Plan and Special Review Permit are requested to attend and may
be heard.
Should the applicant or any interested party desire the presence of a court
reporter to make a record of the proceedings, in addition to the taped
record which will be kept during the hearing, the Clerk to the Board's
Office shall be advised in writing of such action at least five days prior
to the hearing. The cost of engaging a court reporter shall be borne by the
requesting party.
BE IT ALSO KNOWN that the text and maps so certified by the Weld County
Planning Commission may be examined in the office of the Clerk to the Board
of County Commissioners, located in the Weld County Centennial Center, 915
10th Street, Third Floor, Greeley, Colorado.
APPLICANT
DOCKET NO. 89-41 C & M Companies
P.O. Box 490
Niwot, Colorado 80544
DATE: September 13, 1989
TIME: 10:00 A.M.
REQUEST: Site Specific Development Plan and Special Review Permit -
Open-pit mining operation and materials processing facility
LEGAL DESCRIPTION: SWi SW} of Section 29, Township 1 North, Range 68 West
of the 6th P.M. , Weld County, Colorado
LOCATION: Approximately 3 miles northeast of Erie; west of Weld County Road
3} and one mile north of State Highway 52
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: MARY ANN FEUERSTEIN
COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
BY: Mary Reiff, Deputy
DATED: August 23, 1989
PUBLISHED: August 30, 1989, in The New News
bKkt c 891003
OTICE
Pstrmant to ttie zoning laws of tha
State of Colorado and the WO
County Zoning Ordinsuice,A be held in the
lrgttnc
g ers ooffCthe Board of County
-Commissioners of Weld County,
Colorado, Weld County Centel
Center, 915 10th Street
Floor, Greeley Colorado; at the
time epecinter to persona m any
rSneci iic Developmentn Plan and
Special Review Permit are
requestd to attend and may be
Should the applicant or any
interested party desire the
presence of a court reporter to
make a record of the proceedings;
in addition to the taped, recara
which will be kept during the
hearing the Clerk To them Boer°s
Office
isuuch actionhall atat least five days
prior to the hearing. The cost of
engaging a court re_ortes shall be
v borne by the ueispting party.
BE IT ALSO ItNOWN that the
text and maps so certified by the
�eki��mlamdng�onmussi�
t mmr�useiataiteyrs IBocaetedniinowtne
B 5M 10th Street, rd FFl0000r,
gbe__el_�eyy Colorado.
APPLI�C NO.8941
Box 49 & w Companies,
P.O.p.041 Box 490 Niwot, Colorado
DATE:September 13.1989
16:QUFIBT:OO A.
M.
R Site Specific
Development Plan and Special
Review Permit - Open-pd mining
operation and material'
DESCRIPTION: SW1/4
of Section 29, ToWirillPI
North, Range 68 West oi the 6th
-P.M Weld Emmty,Colorado
atelY 3
mmmilesnortheast at p Erie;west of
Weld County Road 3 1/4 and one.
mdle north of State Highway 52
BOARD OF COUNTY
COMMISSIONERS WELD
COUNTY COLORADO
BY: MARY ANN FEUERSTEIN
COUNTY CLEFtK AND
RECORDER
AND CLERK:MarY Reiff,
E BOARD
DATED: August 23,1089
Published August 31, 1969 in The
New News.
•
891003
AFFIDA. VIT OF PUBLICA JON
In I
l "'shy-...
State of Colorado
County of Boulder
NOTICE
e site It to the zoning laws of the State of Colo-
I, Dean G. Lehman ,do Cideend the Weld County Zoning Ordinance,a
1PWW9lietilit net wItfbe hem-laMe C110thbereoMhei
Board of County Commissioners of Weld County,
solemnly swear that the LONGMONT DAILY TIMES CALL is a -Colorado, Weld County Centennial:SOS 915
10th Street,First€leer,Greeley,Gitorado,at the
daily newspaper printed, in whole or in part, and published in t e Med.A81 persons In any manner inter-
51194910 Specific Development Ptpn and.
the City of Longmont, County of Boulder, State of Colorado, and m�y i�e*Permit are requested toiittend
which has general circulation therein and in parts of Boulder and s Mildthe applicant or any interested party de-
resenpe of a court:reporter to Naae a
Weld Counties; that said newspaper has been continuously and r mtheproceetlings,rnadditintothetaped
uninterruptedly published for a period of more than six months Car t carto i m ardsll be kWiceduring th shalt be advisdthn
writing of such action f(We least five days prior to
next prior to the first publication of the annexed legal notice of i e-.beeering.The cost of engapkaa court report
Cr lillell.be borne by the requesting party.
advertisement, that said newspaper has been admitted to the BE IT ALSO KNOWN that the text and maps so
certified by the Weld County Planning Commis-
United States mails as second-class matter under the provisions sion may be examined in the office of the Clerk to
of the Act of March 3, 1879,or any amendments thereof, and that the Board of County nniasiCente, located 10th ih
Street,r Third County ley, lorado 915
Floor,Greeley,Colorado.
said newspaper is a daily newspaper duly qualified for APPLICANT
DOCKET NO.89-41 C&M Companies
publishing legal notices and advertisements within the meaning P.O.Box 490
Nlwgr,Colorado 80544
of the laws of the State of Colorado;that a copy of each number of Ec September 13,1989
TIM DATE:10:00 A.M.
said newspaper, in which said notice of advertisement was REQUEST:
Site Specific Development Plan and Special
published, was transmitted by mail or carrier to each of the Review Permit—Open-pit mining opera
lion and -
subscribers of said newspaper, according to the accustomed LEGAL DESCRIPTION:
processing facility
SWIAmode of business in this office. Range 68 84-efSectionthe 0t, P.M.,Weld North,
West of the 6th P.M., Coun-
ty,Colorado
LOCATION:
That the annexed legal notice or advertisement was published wesApproxt
of Weld C mately 3 miles Erie;
ountyRoad3wa a one mile
north of State Highway 52
in the regular and entire edition of said daily newspaper once; BOARD OF ELD COUNTY
COMMFS loN:Rs
ORADO
BY:MARY ANN FEUERSTEIN
and that one publication of said notice was in the issue of said COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
Bnewspaper dated August 30 , 1989 . DATES: August 23,198qY.Mary Reiff,Deputy
PualWted in the Daily Times-Call, Longmont,
Cob.,August 30,1909.
..<4.--21. :90142.--...._
General Manager
Subscribed and sworn to before me this 30th
day of August ,19 89
��� c \a r, . u V, Nn \^rn CYYr o.v 11
Notary Public
FEE$ 26.00 ;\7--t -61-4,,,-61-,4,,, etY C0MML9ypN EXPIRES
MELgME D APRIL 15 Ippp
HAMM0NS LDNGMONST
COLnMM As)?
F CQLCY
19910123
DATE: August 23, 1989
TO: The Board of County Commissioners
Weld County, Colorado
FROM: Clerk to the Board Office
Commissioners:
_If you have no objections, we have tentatively set the
following hearing for the 13th day of September, 1989, at 10 : 00
A.M.
Docket No. 89-41 - Site Specific Development Plan and a Special
Review Permit for an open-pit mining operation and materials
processing facility - C & M Companies
OFFICE OF THE CLERK ,00 THE BOARD
7-12,7
BY: Qi', s/_ ' „' Deputy
i
The above mentioned hearing date and hearing time may be scheduled
vn the agenda as stated above.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
L. K &ate.
ca
891003
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
August 15, 1989
A regular meeting of the Weld County Planning Commission was held on August
15, 1989, in the County Commissioners' Hearing Room (Room #101) , Weld County
Centennial Building, 915 Tenth Street, Greeley, Colorado. The meeting was
called to order by the chairman, Ernie Ross, at 1 :30 p.m.
Tape 352 - Side 1
Bud Halldorson Absent - Telephoned
Ann Garrison Present
Jerry Burnett Present
LeAnn Reid Present
Rick Iverson Absent - Telephoned
Judy Yamaguchi Present
Rud Clemons Absent
Jerry Kiefer Absent - Telephoned
Ernie Ross Present
Also present: Lanell Curry, Current Planner, 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 August 1, 1989, was apprcved as distributed.
CASE NUMBER: USR-886
APPLICANT: C & M Companies
REQUEST: A Site Specific Development Plan and a Special Review Permit for
an open-pit mining operation and materials processing facility
located in the A (Agricultural) Zone district.
LEGAL DESCRIPTION: Part of the SW} SW} of Section 29, T2N, R68W of the 6th
P.M. , Weld County, Colorado
LOCATION: Approximately 3 miles northeast of the Town of Erie, west of Weld
County Road 3-1/4, and 1 mile north of State Highway 52.
APPEARANCE:
Garry Tuttle, P.E. , Tuttle, Applegate, and Rindahl, Inc. , represented the
applicant. The applicant wishes to conduct open-pit mining and install a
-materials processing plant on this 40 acre site. He displayed a plot plan
of the proposed site. Land uses to the north are primarily gravel mines.
All other uses are agricultural. He discussed truck traffic and reclamation
plans for this area. The projected length of time for this pit is six
years, it will then be turned into a wildlife habitat. They have reviewed
the staff's recommendation, conditions, and Development Standards and agree
with them.
8910T3
�x ►ub�t C
Summary of the Weld County Planning Commission Meeting
August 15, 1989
Page 2
The Chairman called for discussion from the members of the audience. There
was none.
The Chairman asked the applicant if he objected to the staff's
recommendation being filed with the summary. He had no objections.
MOTION:
Ann Garrison moved Case Number USR-866 for C & M Companies for a Site
Specific Development Plan and a Special Review Permit for an open-pit mining
operation and materials processing facility located in the Agricultural zone
district be forwarded to the Board of County Commissioners with the Planning
Commission's recommendation for approval based upon the recommendation,
conditions, and Development Standards presented by the Department of
Planning Services staff and the testimony heard by the Planning Commission.
Motion seconded by LeAnn Reid.
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. Jerry Burnett - yes; Ann Garrison - yes;
Judy Yamaguchi - yes; LeAnn Reid - yes; Ernie Ross - yes. Motion carried
unanimously.
CASE NUMBER: USR-887
APPLICANT: Larry W. Smith
REQUEST: A Site Specific Development Plan and a Special Review permit for
an accessory building with gross floor area larger than 1,500
square feet in an approved and recorded subdivision.
-LEGAL DESCRIPTION: Lot 1, Block 6, Carmacar Ranchettes Subdivision, Weld
County, Colorado
-LOCATION: South of Highway 52, west of Weld County Road 5.
APPEARANCE:
Muss Anson, Attorney, represented the applicant. This property is a 1.2
acre tract in an approved agriculturally zoned subdivision. The request for
a Use by Special Review is for an accessory building which exceeds 1,500
square feet. The building size in the original request was 5,000 square
feet. The applicant is now going to build a 3,840 square foot building for
-storage of old automobiles he is restoring for his own use and enjoyment.
891003
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Ann Garrison 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-886
NAME: C & M Companies
ADDRESS: P.O. Box 490, Niwot, CO 80544
REQUEST: A Site Specific Development Plan and a Use by Special Review
permit for an open-pit mining operation and materials processing
facility
LEGAL DESCRIPTION: SW} SW} of Section 29, T1N, R68W of the 6th P.M. , Weld
County, Colorado
LOCATION: Approximately 3 miles northeast of Erie; west of Weld County Road
3-1/4 and one mile north of State Highway 52
be recommended favorably to the Board of County Commissioners for the
following reasons:
1. The submitted materials are in compliance with the application
requirements of Section 24.7, 44.1, 44.2, and 44.3 of the Weld
County Zoning Ordinance.
2. It is the opinion of the Weld County Planning Commission that the
applicant has shown compliance with Section 24.3 of the Weld
County Zoning Ordinance as follows:
- The proposal is consistent with the Weld County Comprehensive
Plan's Agricultural, Transportation, and Mineral Resources
Goals and Policies. The conditions of approval and
development standards will assure that these goals and
policies are met. The Comprehensive plan policies encourage
the development of sand and gravel and other mineral
resources on agricultural land.
- The proposal is consistent with the intent of the A
(Agricultural) zone district and is provided for as a use by
special review.
- The proposed use will be compatible with the existing
surrounding land uses. Special Use permits 260 and 447 both
for open-cut mining operations are located immediately north
of the proposed use by special review site. The proposed use
will continue to be compatible with the existing surrounding
land uses and with the future development of the surrounding
area as projected by the Weld County Comprehensive Plan.
891003
USR-866
C & M Companies
Page 2
-The special review permit site is located in the 100 year
floodplain. The special review development standards -and
conditions of approval address the flondhazard overlay
district requirements. No other overlay districts affect the
site.
Special Review Development Standards will -provide adequate
protection of the health, safety and welfare of the
neighborhood and County.
This recommendation is based, in part, upon a review of the application
submitted by the applicant, other relevant information regarding the
-request, and responses from referral entities.
The Planning Commission's recommendation for approval is conditional upon
the following:
1 . The attached Development Standards for the Special Review permit
-shall be adopted and placed on the Special Review plat prior to
_recording the plat. The plat shall he delivered to the Department
of Planning Services and be ready for recording in the Weld County
Clerk and Recorder's office within 15 days of approval by the
Board of County Commissioners.
2. The Special Review activity shall not occur nor shall any building
or electrical permits be issued on the property until the Special
Review plat is ready to be recorded in the office of the Weld
County Clerk and Recorder.
3. Prior to recording the plat, the owner/operator shall satisfy the
following:
- The applicant shall meet with the office of the Weld County
Engineer to complete -a road improvements agreement for Weld
County Road 3-1/4. The County Engineer shall present the
agreement to the -Board of County Commissioners for approval.
A copy of the approved agreement shall be forwarded to the
Department of Planning Services.
- A fugitive dust plan approved by the Weld County Health
Department shall be submitted to the Department of Planning
Services.
- The operator shall furnish evidence he is insured to the
-extent of not less than $100,000.00 against liability for any
negligent act or omission by the operator from the operation
or maintenance of the sand and gravel pit and the extraction
and production of -sand and gravel And all activities
connected with or incidental thereto.
8910C3 3
DSR-866
C & M Companies
Page 3
- The following note shall be _placed on the Special _review
plat:
"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
Development Standards."
- The owner/applicant shall supply to the Department of
Planning Services' staff confirmation that the oil wells
located on the proposed site are in _compliance with the
guidelines of the Oil and Gas Conservation Commission.
- The owner/applicant shall Trovide an adequate water supply
for consumption and sewage -disposal for the proposed mite.
- An NPDES permit shall be obtained from the Water Quality
Control Division, Colorado Department of Health.
- An Air Emissions Permit shall be obtained from the Air
Pollution Control Division, Colorado Department of -Health.
The applicant shall comply with all -requirements of the
permit to control fugitives Oust and odors.
- The applicant shall submit evidence that the use will not
cause injury to vested or scnditional water sights as set
forth in Section 44.4 .11 of the Weld County Zoning Ordinance.
- Evidence of a -water supply for each area being worked,
approved by the Division of Water Resources, shall be
submitted to the Department of Planning Services.
Motion seconded by LeAnn Reid.
VOTE:
For Passage Against Passage
Jerry Burnett
Ann Garrison
Judy Yamaguchi
LeAnn Reid
Ernie -Ross
E39-1.0e3
USR-866
C & M Companies
Page 4
The Chairman declared the resolution passed and ordered that a certified
copy be forwarded with the file of this case to -the Board of County
Commissioners for further proceedings.
CERTIFICATION OF COPY
I, Bobbie Coed, -Recording Secretary iof the Weld County Planning Commission,
do hereby certify -that the above and foregoing Resolution is a true copy n£
the Resolution cf the Planning Commission of Weld _County, Colorado, adopted
on August 13, 1989, and recorded in Book No. XII of the proceedings of the
Planning Commission.
Dated the 16 day of August, 1989.
Cte CD
Bobbie Good
Secretary
8910(23
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
C & M Companies
USR-886
1. The Site Specific Development Plan and Special Review permit is for an
open-pit mining operation and materials processing facility located in
the Agricultural zone district as submitted in the Application
materials on file in the Department of Planning Services and subject to
the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to
Article 68 of Title 24 C.R.S. , as amended.
3. The open gut gravel operation shall comply with Section 44.4 of the
Weld County Zoning Drdinance. Any violation of these regulations -shall
be grounds for enforcement of Section 44.6 of the Weld County Zoning
Ordinance.
4. All operations on the proposed site shall be in conformance with the
Weld County Flood Hazard Overlay District Regulations including:
a. No fill, berms, or stockpiles shall be placed in the one hundred
(100) year _flood plain of the Boulder Creek which would obstruct
passage of flood flows; and
b. All fuel tanks, septic tanks, temporary buildings, -and any other
hazardous items that might wash away during flooding shall be
securely anchored and adequately floodproofed to avoid creation of
a health hazard. Following completion of mining, all temporary
buildings shall be removed.
5. No permanent disposal of wastes shall te permitted on the Special
Review Site.
6. The maximum permissible noise level shall not exceed the industrial
limit of -80 dB(A) , as measured according to C.R.S. 25-12-102, Colorado
Revised Statutes.
7. No Trespassing Signs shall be posted on the perimeter fence and
maintained to clearly identify the boundaries of the special review
site.
8. Fugitive _dust must be confined on this site in accordance with the
approved Fugitive Dust plan.
9. All truck traffic shall access the mine site via Weld County Road 3-1/4
to State Highway 52. No truck traffic shall be allowed north bound
from access on Weld County Road 3-1/4.
331003
5Development Standards
USA-886
C & M Companies
Page 2
10. All liquid and solid wastes shall be stored and removed for final
disposal in a manner that protects against surface and groundwater
contamination.
11. An individual sewage disposal system or a vault is required for the
proposed facility and shall be installed according to the Weld County
Individual Sewage Disposal Regulations.
12. All liquid and solid wastes shall be stored and removed for final
disposal in a manner that protects against surface and groundwater
contamination.
13. The Special Review site shall be maintained in compliance with the
approved NPDES permit at all times.
14. All construction on the property shall be in accordance with the
requirements of the Weld County Building Code Ordinance.
15. The property owner or operator shall be responsible for complying with
the Design Standards of Section 24.5 of the Weld County Zoning
Ordinance.
16. The property owner or operator shall be responsible for complying with
the Operation Standards of Section 24.6 of the Weld County Zoning
Ordinance.
17. Personnel _from the Weld County Health Department and Weld County
Department of Planning Services shall be granted access onto the
property at any reasonable time in order to ensure the activities
carried out on the property comply with the Development Standards
stated hereon and all applicable Weld County Regulations.
18. The Special Review area shall be limited to the plans shown hereon and
governed by the foregoing Standards and all applicable Weld County
Regulations. Major changes from the plans or Development Standards as
shown or stated _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 or Development
Standards axe permitted. Any other changes shall be filed in the
office of the Department of Planning Services.
19. The property owner or operator shall be responsible for complying with
all of the #oregoing Development Standards. Noncompliance with any of
the foregoing Development Standards may be reason for revocation of the
Permit by the Board of County Commissioners.
891993
I::VENTCRY OF ITEMS SUP?!ITTEB FOR CO;;SIDERATIO::
Case Number Ucc--'4 e'E'""(' Submitted or Pren:+red
Prior
to Hearing At Hearing
1. Application I LI Pages , ' V
2 . Z Application plat(s) 2 page (s) V
3. BPS Referral Summary Sheet V
4. DI'S Recommendation '�
5. DPS Surrounding Propery Chner Flailing List /
6. BPS Mineral Owners Mailing List •
/
7. 3 DPS Naps Prepared by Planning Technician
8. BPS Notice of Hearing V
9 . DPS Case Summary Sheet
10. DPS Field Check ' /
11.
12.
13.
14 .
15.
16.
17.
18.
19.
20.
I hereby certify that the ) items identifled herein were sulimI.tte_d rn the
Department of Planning Services at or prier to the scheduled Planning Comm i ';'; Itin
hearing. I further certify that these items were forwarded to the Cleric to the
Board's office on 19 `"-�
t/(n /cY
•
ur en n .
STATE OF COLORADO )
SUUSOTARV17 :.
CIRL1141) ANIO8 +oRt: TO BEFORE ME THIS 1 DAY OT 'Co, a� 19z'Ot_
'UDL :t.
E >" 0 891003
•
mg Comiaion Exprea Feb. 13, 1993 CD-so 1 , (1,5 ,. A',
7171I All': Milli If `J'
EXHIBIT INVENTORY CONTROL SHEET
Case LISfi C l d 2xenA UJ}
Exhibit Submitted By Exhibit Description
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891003
0.
LAND-USE APPLICATION
SUMMARY SHEET
NAME: C & M Companies
ADDRESS: P.O. Box 490, Niwot, CO 80544
REQUEST: A Site Specific Development Plan and a Special Review permit for
an open-pit mining operation and materials processing facility.
LEGAL DECRIPTION: Part of the SW} SW} of Section 29, T2N, R68W of the 6th
P.M. , Weld County, Colorado
LOCATION: Approximately 3 miles northeast of the City of Erie, west of Weld
County Road 3 1/4, and north of Highway 52.
SIZE OF PARCEL: 40 acres, more or less
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS:
The criteria for review of this proposal is listed in Section 24.3 and 44 of
the Weld County Zoning Ordinance.
The Department of Planning Services' staff has received specific
recommendations from the Oil and Gas Conservation Commission, State of
Colorado Highway Department, and the Weld County Department of Health.
Copies of these responses are included in this summary packet. The
Department of Planning Service's staff has not received any objections from
surrounding property owners.
891063
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FIELD CHECK
FILING NUMBER: USR-886 DATE OF INSPECTION: July 12, 1989
NAME: C & M Companies
REQUEST: Site Specific Development Plan and a Special Review permit for an
open pit mining operation and materials processing facility.
LEGAL DESCRIPTION: Part of the SW} SW} of Section 29, T2N, R68W of the 6th
P.M. , Weld County, Colorado
LOCATION: Approximately 3 miles northeast of the City of Erie, west of Weld
County Road 3-1/4, and north of Highway 52.
IAND USE: N Farmland, open pit mining operation, SUP-260, SUP-247, and
Boulder Creek
E Farmland, Weld County Road 3-1/4
S Farmland
W Farmland
ZONING: N A (Agricultural)
E A (Agricultural)
S A (Agricultural)
W A (Agricultural)
COMMENTS:
The property is accessed off of Weld County Road 3-1/4, a gravel road having
a County local classification. The property is relatively flat. Located in
the surrounding areas are open pit mining operation. There is an cil well
and tanks located on the proposed site.
By:
a B g
Cu n lan r
891003
REFERRAL LIST
NAME: C & M Companies CASE NUMBER: USR-886
REFERRALS SENT: July 10, 1989 REFERRALS TO BE RECEIVED BY: July 24, 1989
COUNTY TOWNS and CITIES
Attorney Ault
X Health Department Brighton
Extension Service - Dacono
Emergency Management Office Eaton
_Sheriff's Office / - X Erie
X Engineering _Evans
Housing Authority Firestone
Airport Authority _Fort Lupton
Building Inspection Frederick
Garden City
STATE Gilcrest
X Division of Water Resources. Greeley
Geological Survey Grover
--
--Department of Health Hudson
/ X Highway Department Johnstown
Historical Society Keenesburg
X Water Conservation Board Kersey
,j X Oil and Gas Conservation Commission La Salle
Lochbuie
FIRE DISTRICTS _Longmont
Ault F-1 Mead
Berthoud F-2 Milliken
Brighton F-3 - New Raymer
Dacono F-19 _Nunn
Eaton F-4 Platteville
Fort Lupton F-5 - Severance
Galeton F-6 Windsor
Hudson F-7
Johnstown F-8 COUNTIES
_La Salle F-9 _ Adams
,/ X Longmont F-10 X Boulder l' '
_Milliken F-11 _Larimer
Nunn F-12
Pawnee
Platteville 1-13 FEDERAL GOVERNMENT AGENCIES
_Platte Valley F-14 _US Army Corp of Engineers
Poudre Valley F-15 USDA-APHIS Veterinary Service
Raymer Federal Aviation Administration
Southeast Weld F-16 Federal Communication Commission
Windsor/Severance F-17
Wiggins F-18
Western Hills F-20 SOIL CONSERVATION DISTRICTS
Brighton
OTHER Fort Collins
X Central Colo. Water Conservancy Dist. Greeley
X Mined Land Reclamation X Longmont
X Burlington Northern Railroad West Adams
COMMISSION/BOARD MEMBER X Ivan Cosnell 693,.',7�g'3
`l mEmoRAnDum
Brian Bingle, Planning August 7, 1989
OTo Date
Drew Scheltinga, County Engineer
COLORADO From
C & M Companies, USR-886 111
Subject:
I have reviewed the information provided by the applicant, and the
Colorado Department of Highways' letter by Wally Jacobson, dated
July 21, 1989. I am not sure where Wally derived 160 trips per day for a
four to six year period. That traffic count is far too high for a
relatively small sight. I do not think a right-turn deceleration lane and
a median left-turn lane on State Highway 52 are justified by this
application.
The haul route for the site should be indicated as County Road 3.75 outh
to State Highway 52.
The applicant should be required to complete a road improvement and
maintenance agreement with the Board of Weld County Commissioners.
�, r�� li—
nn!!
DLS/mw:prc&m Dit_ 9 _ 1 ���'�rj�`�
xc: Commissioner Lacy g AUG7
1989
Planning Referral File - C & M Companies, USR-886
Weld Cu. Ammow .maiimmuc
891003
DEPART NT OF PLANNING SERVICES
ftiE j1441; . 1.
I . • 1il I r DO
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_
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' JUL 1 0 1989
• CASE NUMBER USR-886
COLORADO $12 . fliSk- a
il
July 10, 1989
'10 WHOM IT MAY CONCERN:
Enclosed is an application from C & M Companies for a Site Specific
Development Plan and a Special Review permit for an open pit mining
operaticn and materials processing facility. 'The parcel of land is
described as part of the SW} SW} of Section 29, T2N, R68W of the 6th P.M. ,
Weld County, Colorado. The location of the parcel of land for which this
application has been submitted is approximately 3 miles northeast of the
Town of Erie, west of Weld County Road 3-1/4, and 1 mile north of State
Highway 52.
'This application is submitted to you for review and recommendation. .Any
comments or recommendation you consider relevant to this request would be
appreciated. Your prompt reply will help to facilitate the processing of
the application and will ensure prompt consideration of your recommendation.
Please reply by July 24, 1989, so that we may give full consideration to
your recommendation. Please call Brian J. Bingle, Current Planner, if you
have any questions about the application.
Check the appropriate boxes below and return to our address listed above.
1 . We have reviewed this request and find that it
does/does not) comply with our Comprehensive Plan for the
following reasons.
2. We do not have a Comprehensive Plan, but we feel this request
(is/is not) compatible with the interests of our
town for the following reasons:
3 . We have reviewed the request and find no conflicts with our
interests.
4. A formal recommendation is under consideration and will be
submitted to you prior to:
5. V.Rlqase far to the enclosed letter.
Signed: y t Agency
Date: FjLq&c ` 1
891003
DEPARTMTNT OF PLANNING SERVICES
rl tt -'^,'9 JUL 1 1 1989 PHONE(303)356-4000 EXT.4400
915 10th STREET
pf t 1
GREELEY,COLORADO 80631 I AIM
WIIDci CASE NUMBER USR-886
COLORADO • 1
July 10, 1989 I\C( �
JUL 2 A 1989 1
TO WHOM IT MAY CONCERN:
WL'Iti Cu. M400 ..,.II,.
Enclosed is an application from C & M Companies for a Site Specific
Development Plan and a Special Review permit for an open pit mining
operation and materials processing facility. The parcel of land is
described as part of the SWi SWi of Section 29, T2N, R68W of the 6th P.M. ,
Weld County, Colorado. The location cf the parcel of land for which this
application has been submitted is approximately 3 miles northeast of the
Town of Erie, west of Weld County Road 3-1/4, and 1 mile north of State
Highway 52.
This application is submitted to you for review and recommendation. Any
comments or recommendation you consider relevant to this request would be
appreciated. Your prompt reply will help to facilitate the processing of
the application and will ensure prompt consideration of your recommendation.
Please reply by July 24, 1989, so that we may give full consideration to
your recommendation. Please call Brian J. Bingle, Current Planner, if you
have any questions about the application.
Check the appropriate boxes below and return to our address listed above.
1 . We have reviewed this request and find that it
does/does not) comply with our Comprehensive Plan for the
following reasons.
2. We do not have a Comprehensive Plan, but we feel this request
(is/is not) compatible with the interests of our
town for the following reasons:
3 . / We have reviewed the request and find no conflicts with our
interests. _
4 . A formal recommendation is under consideration and will be
submitted to you prior to:
5 . lease refer to the enclosed letter.
Signed: P ,ZAVA ? 21 Agency: y JnO4/1 /—1
Date: /721 //g ._ 8810°3
STATE OF COLORADO
OIL AND GAS CONSERVATION COMMISSION
DEPARTMENT OF NATURAL RESOURCES
SUITE 380 LOGAN TOWER BUILDING
WILLIAM R. SMITH 1580 LOGAN STREET
Director DENVER, COLORADO 80203
DENNIS R. BICKNELL ROY ROMER
Deputy Director (303) 894-2100 Governor
July 27 , 1989
Mr. Brian J. Bingle, Current Planner
Department of Planning Services �. +�IJ �t� LL
915 10th Street D ��ANR\ i?
Greeley, Colorado 80631 r
Re: Case Number USR-886
� .xI711989
Dear Mr . Bingle Vim Co. Ylmwery ,,,, domino
Thank you for the opportunity to review the
proposed plan for development submitted by Tuttle Applegate
Rindahl, Inc.
There is one well actually located on the tract:
Amoco #1 Champlin 86 N located in Section 29,
740 feet from the south line and 840 feet from
the west line. We are not sure of the location
of the tank battery; but, would anticipate that
it is also on the tract.
We concur with the Applicant's comment that the
proposed operation is compatible with the oil and gas
operation. We also assume that the applicant is aware of this
well and will work with the operator of the #1 Champlin 86 N to
assure safety of the individuals working in the area. If there
are questions of how much of the surface materials should
remain around the current well structure, this office should be
contacted and involved in the final determination.
I would recommend that you call the provisions
regarding surface materials contained in our letter to the
applicants attention and include, in your approval, some
similar requirements. If you have any questions regarding the
above please let me know.
Yours very truly,lF/
William R. Smith, P.E.
Director
cc: Amoco Oil Company
P. O. Box 800
Denver, Colorado 80201
WRS/mrb
6748C
8'31003
STATE OF COLORADO
DIVISION OF HIGHWAYS �E„F�
_`%,' me si 1
c
P.O.zBox8 tar
50 w > z
Greeley, Colorado 80632-0850
(303) 353-1232 ti""tee°
July 21, 1989
Weld Co. - Off Sys.
C and M Co. Spec. -Rev.
1 mi. fl. of S.H. 52
on W. side -C.-R. 31
DOH File 45100
Mr. Brian Bingle
Department of Planning Services
Weld _County
915 Tenth Street
Greeley, Colorado 80631
Dear Mr. Bingle:
We have reviewed the C and M Companies Site Specific Development Plan/Special
Review Permit for an open pit gravel mine. According to the project consult-
ant, this facility could generate a maximum of 160 trips per day during
years 4-6 of operation. Based on an $-hour work day, there would be an
average of 20 trips per hour by gravel hauling trucks using the intersection
of State Highway 52 and County Road 33 .
This level of traffic indicates the need for a right-turn deceleration
lane and a median left-turn lane at the C.R. 31 intersection. Since this
is an existing public access to State Highway 52, we recommend that the
county consider requiring these turn lanes to the extent feasible and practi-
cable within statutory and public funding limitations. Construction of
these lanes would require an Access Permit from-this office.
Thank you for the opportunity to review this plan. Please contact me at
350-2168 if you have any questions.
Very truly yours,
DOUGLAS D. -LAMES
DISTRICT ENGINEER
/`I4L[L lLet /< ro 2-
Wallace R. Jac son
Development -Planning/Acciess Coordinator
WRJ:smw
cc: L.D. Yost
-Area -Foreman rm L
File: Jacobson via Crier 0
JUL 2 A. 1989 lu
891003
'✓hII LIc 1't',as aF¢sti at6F4r1uiS3'mi
ho mEmoRAnDum
WilkWeld County Planning July 26, 1989
To Date
Environmental Protection Services , �f/�
ro ckwaii
COLORADO Fm *492
Case Number: USR-886 Name: &MM,ompany
Subject:
Environmental Protection Services has reviewed this proposal and recommends
for approval, subject to the following conditions:
1. Waste oil, anti-freeze, and other associated liquid and solid
wastes, shall be stored and removed for final disposal in a
manner that protects against -surface and groundwater
contamination.
2. Required Emissions Permit is obtained from the Air 3ollutian
Control Division, Colorado Department of Health for fugitive dust
and odors.
3. No permanent disposal of wastes shall be permitted at this site.
4. All rock, gravel and topsoil -materials shall be handled, stored,
and transported in a manner that controls fugitive dust, blowing
debris, and -other potential nuisance conditions.
5. Fugitive dust must be confined on this site.
6. Required NPDES Permit shall be -obtained from the Water -Quality
Control Division of the Colorado _Department of Health, and/or
amended if appropriate for the increased operation.
7. Maximum permissible noise level shall not exceed the industrial
limit of 89db(A) , as measured according to 25-12-102, -Colorado
Revised Statues.
8. An individual sewage disposal system, or a vault, is require-d for
the _proposed facility and shall be installed according to the Weld
County Individual _Sewage Disposal Regulations.
WP79/dgc
li\o ?'''0'r- L`' L.i I Jill, 2 7 1989 j!
wog Cry M.A..:.,,y ,yw::_s ,:,;.
391O03
DEPART TOF-PLANNING SERVICES
WE .j41 PHONE(303)356-4000 EXT.-4400
915 10th STPEET
(frf )( GREELEY,COLOL ORRADOO 800 631
CASE NUMBER USR-886
COLORADO
July 10, 1989 �
li JUL 14 1989
TO WHOM IT MAY CONCERN:
Enclosed is an application from C & M Companies for a l ( �O
Specific���t������0i
Development Plan and a Special Review -permit for an open Tit mining
operation and materials processing facility. The parcel of land is
described as part of the SWI SWi of Section 29, S2N, R68W of the 6th T.M. ,
Weld County, Colorado. The location cf the parcel of land for which this
application has been submitted is approximately 3 miles northeast of the
Town of Erie, west of Weld County Road 3-1/4, and I mile north of State
Highway 52.
This application is submitted to you for review and recommendation. Any
comments or recommendation you consider relevant to this request would the
appreciated. Your prompt _reply will help to facilitate the -processing mf
the application and will ensure -Prompt consideration of your recommendation.
Please reply by July 24, 1989, -so that we may give dull consideration to
your _recommendation. -Please call Erian J. Single, Current Planner, if you
have any questions about the application.
Check the appropriate boxes below and return to our address listed above.
1 . We have reviewed this request and find that it
does/does not) comply with our Comprehensive Plan for the
following reasons.
2. We do not have a Comprehensive Plan, but we feel this request
(is/is not) compatible with the interests of our
town for the following reasons:
3. )9( We have reviewed the request and find no conflicts with our
interests.
4. -A formal recommendation is under consideration and will be
submitted to you prior to:
5 . Please refer to the -enclosed letter.
Signed: 2�y,-j `Fn7FRr,>„') Agency: XQ 'C,no,,.'r FiK R.eo;Fcno„. Ths7R,c7
Date: 7-
891003
‘ DEPART T OF PLANNING SERVICES
PHONE(303)356-4000 EXT.4400
915 10th STREET
GREELEY,COLORADO 80631
itCOLORADO CASE NUMBER USR-886
July 10, 1989
%MK 1 9 1989
TO WHOM IT MAY CONCERN: .I
Weld Cu- flawed “(st3hiStht
Enclosed is an application from C & M Companies for a Site Specific
Development Plan and a Special Review permit for an open pit mining
operation and materials processing facility. The parcel of land is
described as part of the SW-} SWi of Section 29, T2N, R68W of the 6th P.M. ,
Weld County, Colorado. The location cf the parcel of land for which this
application has been submitted is approximately 3 miles northeast of the
Town of Erie, west of Weld County -Road 3-1/4, and 1 mile north of State
Highway 52.
This application is submitted to you for review and recommendation. Any
comments or recommendation you consider relevant to this request would be
appreciated. Your prompt reply will help to facilitate the T rocessing of
the application and will ensure prompt consideration of your recommendation.
Please reply by July 24, 1989, so that we may give full consideration to
your recommendation. -Please call Brian ,T. Bingle, Current Planner, if you
have any questions about the application.
Check the appropriate boxes below and return to our address listed above.
1• We have reviewed this request and find that it
does/does not) comply with our Comprehensive Plan for the
following reasons.
2. We do not have a Comprehensive -Plan, but -we feel this request
(is/is not) compatible with the interests of our
town for the following reasons:
3. X We have reviewed the request and find no conflicts with our
interests.
4• A formal recommendation is under consideration and will be
submitted to you prior to:
5. Please refer to the enclosed letter.
Signed: ( �u
h��v� a � Agency: LONGMONT SOIL CONSERVATION DISTRICT
Date: JULY 18, 1989 _ 89100a
•
NOTICE OF PUBLIC-IMARDIG
The Weld County Planning
-. - Commission-will-bold ••August public
o8Ncoi ,¢� O lLe-S rpad
Use Permit for the property
described below.Approval or the
request may create • vested
prppertyVttght -pursuant to
CCOOIWw.
._araradd0o_�_—ESCRIPTION: SWl/e
LA$TGpAof
IttiEU�p_ li N E TAY OF
ASr�Pmining operaPttio and nd materials3
tely
lE/r�k,AyPoe1dNra�cirm?a�Ypl4mC•pteml_yb_ow^orlbst Rosd l
oath d lfb(e rngowe�yggZ"'•tbe �,11 mile
•
the
diee County
gCCoimi hnera
Room, First Floor,-Weld
R••r`��{ Centennia
.i :&treat.Sar
the above
objections rU to
the above request ab be
•- . : subni tt tr t, R the oom eld
o Ram
ee above Colorado 80831,
before • e date or presentid
Qit the puNk nearing on *wpm
15,1989.
available Copies 0fo the publicApplication tion in
the Department o! -Planning
Services 1 M2,- Weld
CentennIa nter.. B13
Street,- vv Y,Esrteenodraon-fIW: .
Bud
Weld -Commission
To News
be aloe N)Aline by
OrLhaa Jnl'he New News July
t, l
891003
MAILING LIST
C & M Companies
USR-866
Union Pacific Land Resources Company
P.O. Box 2500
Broomfield, CO 80020
C & M Ready Mix Concrete Co.
of Boulder
7916 Niwot Road
P.O. Box 490
Niwot, CO 80544-0490
Leslie J. Williams, Jr.
8876 Roger Road
Longmont, CO 80501
Rose T. Macy
2218 Longs Peak
Longmont, CO 80501
Gary and Sylvia Burback
1432 Sumner Street
Longmont, CO 80501
8: 1003
Property is owned by:
Leslie J. Williams, Jr.
8876 Roger Road
Longmont, CO 80501
772-4060
Rose T. Macy
2218 Longs Peak
Longmont, CO 80501
776-2447
Gary and Sylvia Burback
1532 Sumner Street
Longmont, CO 80501
776-8942
891003
rine
I TUTTLE APPLEGATE RINDAHL, INC.
r Consultants for Land and Resource Development
July 6 , 1989
Mr. Brian Bingle
Weld County Department of
_Planning Services
915 Tenth Street
Greeley, CO 80631
RE : Williams Site, Use by Special Review for Mining Operation
Dear Mr. Bingle :
We request a Use by Special Review for Mining Operation within
the agricultural zone for the Williams Site Property. Enclosed
please find a completed application with supporting drawings
showing the Mining Site , Reclamation Plan, and the application
fee . The first phase of the operation includes stockpiling raw
material from an off-site location and processing it prior to
mining on-site aggregate material . The aggregate material will
be washed and crushed at the processing plant and stockpiled on-
site until needed.
The proposed gravel mining and processing operation at the
William Site is consistent with the goals of the Weld County
Comprehensive Plan, which encourages orderly development of
mineral resources and seeks to minimize impact to agricultural
land and minimize the need for public services . The extraction
of gravel deposits, temporary storage , and processing of raw
aggregate material from an off-site location is compatible with
existing use of the land for oil production and storage .
Reclamation plans for the site include creating a small lake
surrounded by trees and shrubs and adjacent pasture. The pasture
will be planted after soil improvements have been made . Soil
will be improved by spreading a 6 to 10 inch layer of topsoil
over the area. This will increase the agricultural value of the
land, which presently has shallow topsail and is covered with
weeds. The lake and trees will provide and improve wildlife
habitat and could be used for future irrigation purposes. Public
services required for this type of operation are limited to
maintenance of nearby public roads. Bottled water and portable
unit toilets will be maintained on site .
891003
11990 Grant Street Suite 410 Denver, Col-orado 80233 452-6611
Alr
Orel US
TUTTLE APPLEGATE RINDAHL, INC.
Consultants for Land and Resource Development
Mr. Brian Bingle
Weld County Department of
Planning Services
July 6 , 1989
Page 2
The Williams Site is located entirely in the Federal Emergency
Management Agency (FEMA) Zone A Floodway for Boulder Creek, as
shown on the Flood Insurance Rate Map (FIRM) . The proposed
mining and processing plant would allow maximum usage of the land
within the Flood and Agricultural District guidelines. The pit
will provide additional flood protection to the temporary
processing plant, which will be constructed to withstand minimal
flood conditions . The plant will operate only during daylight
hours and no overnight accommodations will be provided. This
-schedule will minimize any flood hazard to personnel .
The location was chosen for its indigenous gravel deposits and
this use is compatible with existing oil production and storage
facilities on the property. The land is not presently used for
agricultural purposes, but will be after reclamation plans have
been implemented. The proposed use is consistent with the intent
of the Agricultural Zone District, and is provided for as a Use
by Special Review.
The applicant will comply with all State and County regulations
to protect the health, safety, and welfare of the inhabitants of
the neighboring properties and the County. No harmful by-
products will be produced during mining and processing
operations, and waste water will be recycled through on-site
settling ponds .
Mining noise will be reduced by a buffer of topsoil and
overburden stockpiled around the perimeter of the site . The
processing plant is located more than 450 feet from the nearest
road, and the distance will dissipate any significant noise which
might be observed from Weld County Road 3-1/4.
The Williams property is located between Boulder Creek on the
northwest and the Burlington Northern Railroad on the southeast
edge of the property. Adjacent lands to the northeast and
southwest are presently used for mining and agriculture
respectively.
The present development of the gravel resources is compatible
with neighboring land use and the projected future open space
designation in the Weld county Comprehensive Plan. The pasture
and lake , to be reclaimed after the gravel deposits have been
extracted will expand available wildlife habitats near the
riparian corridor and provide attractive scenery for nearby
residents .
891003
TUTTLE APPLEGATE RINDAHL, INC.
Consultants for Land and Resource Development
Mr. Brian Bingle
Weld County Department of
Planning Services
July 6 , 1989
Page 3
Stockpiles of topsoil and overburden will be located within a 25
foot setback from all property boundaries and will allow
floodwater to dissipate between the piles and into the pit before
reaching the processing plant. The stockpiles are small and do
not form a solid wall ; therefore, they should cause no
significant change to flood backwater heights or direction. The
operator will comply with Section 53 and 26 of the Weld County
Zoning Ordinance by applying for a Flood Hazard Development
Permit.
A copy of the Title Insurance for the property has been attached
in place of the deed to show ownership.
As part of the agreement between the landowner and C & M
Companies, the landowner will provide the water for the
operation. We estimate the following consumptive uses :
Moisture loss 15 ac . ft. per year
Dust Control 4 ac. ft. per year
Lake evaporation 130 ac . ft. per year
less vegetation credit
149 ac . ft. per year
The water will come from the Houck #2 Ditch which has a number 6
priority on Boulder Creek. The diversion was recorded on April
1 , 1861 for 7 . 16 c . f . s. Virginia Shaw is the ditch owner. We
estimate 0 . 5 c . f. s. will be needed to augment this operation.
Please contact us if further information is required for the
review process . We will provide additional copies of the
application and drawings once the package has been reviewed for
completeness by Weld County Planning staff.
Cordially,
TUTTLE APPLEGATE, INC.
Pam Hanson
PH/mc
Encs.
cc : File #89-141
891003
AFFIDAVIT OF INTEREST OWNERS
MINERALS AND/OR SUBSURFACE
Application No.
Subject Property The SW1/4SW1/4 of Section 29 , Township 2 North,
Range 68 West , Weld County, Colorado
STATE OF COLORADO )
ss.
COUNTY OF WELD )
THE UNDERSIGNED, being first duly sworn, States that to the best of his
or her knowledge the attached list is a true and accurate list of the names
and addresses of all mineral owners and lessees of mineral owners on or under
the parcel of land which is the subject of the application as their names
appear upon the records in the Weld County Clerk and Recorder's Office, or
from an ownership update from a title or abstract company or an attorney.
Mineral Owner:
Union Pacific Resources Company Union Pacific Resources Company
P.O. Box 7
Fort Worth, TX 76101-0007
i
Lessee: By:
C&M Ready Mix Concrete Co. James W. Shaw, Attorney-In-Fact
of Boulder
7916 Niwot Road
P.O. Box 490
Niwot, Colorado 80544-0490
The foregoing instrument was subscribed and sworn to before me
this 30th day of June , 1989 By James W. Shaw
as Attorney-In-Fact for Union Pacific Resources Company
WITNESS my hand end official seal .
My Commission expires: A
Notary Public
891003
AFFIDAVIT OF INTEREST OWNERS
SURFACE ESTATE
Application No.
Subject Property WiwIa,ni,S SrT-E.
STATE OF COLORADO )
ss.
COUNTY OF WELD )
THE UNDERSIGNED, being first duly sworn, states that to the best of his or
her knowledge the attached list is a true and accurate list of the names,
addresses and the corresponding Parcel Identification Number assigned by the
Weld County Assessor of the owners of property (the surface estate) within •
five hundred (500) feet of the property subject to the application. This list
was compiled from the records of the Weld County Assessor, or an ownership
update from a title or abstract company or attorney, derived from such records,
or from the records of the Weld County Clerk and Recorder. The list compiled
from the records of the Weld County Assessor shall have been assembled within
thirty (30) days of the application submission date.
Ili ..Cow 4 -•— o/aa/By
The foregoing instrument was subscribed and sworn to before me
this
n dayZ77, . 4 lg, t 6Y c l o „•--
VITNESS my hand and official seal .
My Commission expires: Q`t -Oet-`°C)
No ry Publ i c
8910O
FORM LL \
Colorado Region Form 342
ALTA Cwner'Policy—Form B—1970
Amended 10-11-70
POLICY OF TITLE INSURANCE
ISSUED BY
TRANSAMERICA TITLE INSURANCE COMPANY
SUBJECT TO THE SCHEDULE OF EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CON-
TAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS
HEREOF,TRANSAMERICA TITLE INSURANCE COMPANY,a California corporation, herein called the
Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding
the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the
Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of:
1.Title to the estate or interest described in Schedule A being vested otherwise than as stated therein;
2.Any defect in or lien or encumbrance on such title;
3.Lack of a right of access to and from the land;or
4.Unmarketability of such title.
IN WITNESS WHEREOF, Transamerica Title Insurance Company has caused this policy to be signed
and sealed by its duly authorized officers as of Date of Policy shown in Schedule A.
Transamerica Title Insurance Company
By �KK Te„'' . President
•
/ 1 5
. �
By t' - ` � Seine" 891003
•
•
•
pnp.. ... D000.1
FOR USK WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY-FORM a- 1970 (AMENDED 10.17.701
SCHEDULE A
Amount of Insurance S 120 ,000 .00 Policy No. 8016334
Date of Policy July 6 , 1984 Sheet 1 of 3
7 :00 A.M.
1. Name of Insured:
LESLIE J. WILLIAMS JR. AND ROSE T. MACY . •
�. The estate or interest in the land described herein and which is covered by this policy is:
IN FEE SIMPLE
3. The estate or interest referred to herein is at Date of Policy vested in:
LESLIE J. WILLIAMS JR. :YiND ROSE T. MACY,
as tenants in common
891093
FORM NO. C-RnOO-2
FUF ".e .ULORADO REGION ,4' . .AN LAND TITLE ASSOCIATION_LOAN POLICt (AMENDED 10.17-70)
FOR USE WITMCOLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY-FORM S-IS7O (AMENDED 10.17-70)
SCHEDULE A—Continued
The land referred to in this policy is situated in the State of Colorado, County of
Weld , and is described as follows:
The SWh of the SW4 of Section 29, Township 2. North, Range 68 West
of the 6th P.M.
891003
FORM NC) I--5O040.39
PUN .14 COLORADO REGION £RICAN LAND TITLE ASSOCIATION OWNER'S POI. (-FORM F1•70 (AMENDED 10-17.70)
SCh EDULE B
This Policy does not insure against loss or damage by reason of the following:
I.-Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements,not shown by the public records.
3. Discrepancies, conflicts in boundary lines,shortage in area,encroachments, and any facts which a con
rect survey and inspection of the premises would disclose and which are not shown by the public records.
4. Any lien,or right to a lien,for services,labor,or material heretofore or hereafter furnished,imposed by
law and not shown by the public records.
5. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer
service, or forany other special taxing district.
6. Rights of way for _county roads 30 feet wide on each side of section
and township lines, as established by order of the Board of County
Commissioners for Weld County recorded October 14, 1889 in Book 86
at Page 273.
7. Reservations by the Union Pacific Railroad Company of (1) all coal
and other minerals underlying subject property, (2) the exclusive
right to prospect for, mine and remove coal and other minerals, and
(3) the right of ingress and egress and regress to prospect for mine
and remove coal and other minerals, all as contained in Deed recorded
April 22, 1901 in Book 183 at Page 169.
8. Montvue Seepage Ditch No. 1 and Extended and Enlarged Montvue Seepage
Ditch, and any and all rights of way therefore, as evidenced by Maps
filed September 2, 1908 as Filing Nos. 132130 and 132131, insofar
as the same may affect subject property.
9. Terms, agreements, provisions, conditions and obligations as contained
in Surface Owner' s Agreement between Virginia N. Shaw and Champlin
• Petroleum Company, recorded August 2, 1979 in Book 877 as Reception
No. 1798643.
10 . Dced of Trust from : Leslie J. Williams, Jr. and Rose T. Macy
to the Public Truster of the County of Weld
for the use of : Virginia N. Shaw
to.ecure : $90,000 .00
dated : July 3, 1984
recorded : July 5, 1984 in Book 1035 Reception No. 01972936
891003
Continued from Back of Front Cover
5. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS interest covered by this policy and the amount so paid shall
be deemed a payment under this policy to said insured owner.
The Company shall have the option to pay or otherwise
settle for or in the name of an insured claimant any claim in- 10. APPORTIONMENT
sured against or to terminate all liability and obligations of
the Company hereunder by paying or tendering payment of If the land described in Schedule A consists of two or more
the amount of insurance under this policy together with any parcels which are not used as a single site, and a loss is estab-
costs, attorneys' fees and expenses incurred up to the time lished affecting one or more of said parcels but not all, the
of such payment or tender of payment, by the insured claim- loss shall be computed and settled on a pro rata basis as if
ant and authorized by the Company. the amount of insurance under this policy was divided pro
rata as to the value on Date of Policy of each separate parcel
6. DETERMINATION AND PAYMENT OF LOSS to the whole, exclusive of any improvements-made subsequent
to Date of Policy, unless a liability or value has otherwise
(a) The liability of the Company under this policy shall been agreed upon as to each such parcel by the Company and
in no case exceed the least of: the insured at the time of the issuance of this policy and
(i) the actual loss of the insured claimant; or shown by an express statement herein or by an endorsement
(ii) the amount of insurance in Schedule A. attached hereto.
(b) The Company will pay, in addition to any loss insured
against by this policy, all costs imposed upon an insured in liti-
gation I1. SUBROGATION UPON PAYMENT OR SETTLEMENT
carried on by the Company for such insured, and all Whenever the Company shall have settled a claim under
costs, attorneys' fees and expenses in litigation carried on by this policy, all right of subrogation shall vest in the Company
such insured with the written authorization of the Company. unaffected by any act of the insured claimant. The Company
(c) When liability has been definitely fixed in accordance shall be subrogated to and be entitled to all rights and reme-
with the conditions of this policy, the loss or damage shall be dies which such insured claimant would have had against any
payable within 30 days thereafter. person or property in respect to such claim had this policy not •
been issued. and if requested Cy the Company, such insured
7. LIMITATION OF LIABILITY claimant shall transfer to the Company all rights and remedies
against any person or property necessary in order to perfect
No claim shall arise or be maintained under this polic such right of subrogation and shall permit the Company to
y
(a) if the Company, after having received notice of an alleged use the name of such insured claimant in any transaction or
defect, lien or encumbrance insured a ainst hereunder, b litigation involving such rights or remedies. If the payment
litigation or otherwise, removes such -defect, lien or encurn does not cover the loss of such insured claimant, the Company
brance or establishes the title, as insured, within a reasonable shall be subrogated to such rights and remedies in the pro-
does
time after receipt of such notice;.(b) in the event of litigation- portion which said payment bears to the amount of said loss,
If loss should result from any act of such insured claimant,
until there has been a final determination by a court of com-
petent jurisdiction. and disposition of all appeals therefrom, such act shall not void this policy, but the Company, in that
adverse to the title, as insured, as provided in paragraph 3 event, shall be required to pay only that part of any losses
hereof; or (c) for liability voluntarily assumed by an insured insured against hereunder which shall exceed the amount, if
in settling any claim or suit without prior written consent of any, lost to the Company by reason of the impairment of the
the Company. right of subrogation.
B. REDUCTION OF LIABILITY 12. LIABILITY LIMITED TO THIS POLICY
All payments under this policy, except payments made for This instrument together with all endorsements and other
costs, attorneys' fees and expenses, shall reduce the amount instruments if any, attached hereto by the Company is the
of the insurance pro tanto. No payment shall be made without entire policy and contract between the insured and the
producing this policy for endorsement of such payment unless Company.
the policy be lost or destroyed, in which case proof of such Any claim of loss or damage, whether or not based on
loss or destruction shall be furnished to the satisfaction of negligence, and which arises out of the status of the title to
the Company. the estate or interest covered hereby or any action asserting
such claim, shall be restricted to the provisions and conditions
9. LIABILITY NONCUMULATIVE and stipulations of this policy.
No amendment of or endorsement to this policy can be
It is expressly understood that the amount of insurance made except by writing endorsed hereon or attached hereto
_under this policy shall be reduced by any amount the Com- signed by either the President, a Vice President, the Secretary,
pany may pay under policy insuring either (a) a mortgage an Assistant Secretary, or validating officer or authorized
shown or referred to in Schedule B hereof which is a lien on signatory of the Company.
the estate or interest covered by this policy, or(b)a mortgage
hereafter executed by an insured which is a charge or lien on 13. NOTICES, WHERE SENT
the estate or interest described or referred to in Schedule A,
and the amount so paid shall be deemed a payment under this All notices required to be given the Company and any
policy. The Company shall have the option to apply to the pay- statement in writing required to be furnished the Company
ment of any such mortgages any amount that otherwise would shall be addressed to Transamerica Title Insurance Company,
be payable hereunder to the insured owner of the estate or P. O. Box 605, Denver, Colorado 60201.
891003
WELD COUNTY, COLORADO
SPECIAL USE APPLICATION
•
For
OPEN CUT MINE PERMIT
(gravel pits, etc.)
Weld County Department of Planning Services 915 - 10th Street, Greeley, CO
Phone 356-4000 P.XT 400
For Department of Planning Services Use Only Case Number:
Date Application Received: PC Hearing Date:
Section: , Township: North, Range: West
Zoning District:
Recording Fee: Permit Fee:
Recording Fee Receipt It: Receipt Number:
Application Reviewed By
i
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 Commission concerning a proposed Open Cut Gravel
(gravel, coal, borrow pit, etc.) mining operation for the following
described unincorporated area of Weld County:
LEGAL DESCRIPTION: The SW-0 'of the SWa of Section 29 , T2N, R68W, located
in Weld county. State of Colorado
TOTAL ACREAGE: 40 . 0
2. Surface owner(s) of area of land described
Nameisee attached Address: Phone:
Name list -Address :: ?hone:
3. Owner(s) of mineral rights to substance to be mined
Name: C&M COMPANIES Address: P . 0. Box 490 Phone: 493-1099
Name: Address: Niwot, CO 80544 Phone:
4. Source of applicants Legal Right to enter and to mine on the land described:
(Attach Certified Copy of any Document noted to the Back of This Form)
5. Address of applicant and general office
Applicants address: P.O.Box 490 , 7916 Niwot Rd. Phone: 493-1099
General Office address: Niwot, CO 80544-0490 Phone:
6. Identify any prior permits for open cut mining held by applicant or affiliated
person: Since ].978 , C & M has held a permit for a concrete plant
located on Route 85 , north of Brighton
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7. Description of Operation
a. Types and number of operating and processing equipment to be employed:
One processing plant (crusher, screens , water, conveyors) ,
One dozerL one grader, two loaders, five haul trucks
b. Maximum number of employees: 5 , and number of shifts: 1
Six days per week
891003
c. Number of stages to be worked: 3 , and periods of time each
is to be worked: Stockpiling, year 1 ; Processing, years
2 through -6 ; -mining on-site, years 4 through 6
d. Thickness of mineral -deposit: 12-16 feet, and thickness of the
overburden: 3-4 Feet
a. This will be a.-wet-/dry pit operation Applicant will dewater
f. Site entrance/exit points and county roads and bridges to be utilized
between site and delivery point(s) (must be coordinated with County
Engineer) : Site entrance and exit points are located on
Weld County Road 34, a gravel road which crosses Burlington-
Northern Railroad tracks at grade and intersects _State Highway
$2/Mineral Road, the major transportation route to future delivery
sites .
8. Description of Rehabilitation
a. Proposed rehabilitation land use(s) : Lake and Pasture
b. Source of technical advice for reclamation: Tuttle Applegate, Inc . ;
11990 Grant Street; Suite 410 ; Denver, CO 80233 (303) 452-6611
c. Explanation of Reclamation Process: Topsoil and overburden will be
-stockpiled on-site as the excavation_pit is opened. After gravel
hag heen extracted. perimeter edges will be dressed to form
irregular outline o₹ stable side slopes using stockpiled
nverhurden Pasture and landscaped areas will be spread with
tnpgnil to a 6 to 10 inch depth. Plant 50 trees and 100 hushes
in clusters around the perimeter of the lake to achieve a
natural landscaping effect. Trees and hushes will he chosen from
the list of recommended trees and shrubs shown on sheet 2 of 2 .
I hereby depose and state under the penalties of perjury that all
statements, proposals and/or plans submitted with or contained within this
application are true and correct to the bes of my knowledge.
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COUNTY OF f C Y /(, I- / q ,
STATE OF (b / I(/C( • ��
��Q1�'& � .�c.-.�C,�-a-roc^-,
Sign ture: Owner/Au ori/zed Agent
subscribed and sworn to before me this EL day of ,_ � 4.1 , 19,' 11
SEAL t:/ , L
NOTARY PUBLIC
My Commission expires 117��� 0
891003
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