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Home My WebLink About850220.tiff RESOLUTION RE: APPROVAL OF USE BY SPECIAL REVIEW FOR FERTILIZER STORAGE, MIXING, LOADING AND SALES OPERATION - PERMAGREEN PRODUCTS COMPANY 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 20th day of February, 1985 , at the hour of 2 : 00 o'clock p.m. in the Chambers of the Board for the purpose of hearing the application of Permagreen Products Company, 5520 Harlan Street, Arvada, Colorado 80002 for a Use by Special Review for a fertlizer storage, mixing, loading and sales operation on the following described real estate, to-wit: Part of the NEa, Section 24 , Township 1 North, Range 68 West of the 6th P.M. , Weld County, Colorado WHEREAS , Section 24 .4 .2 of the Weld County Zoning Ordinance provides standards for review of said Use by Special Review, 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 Comprehensive Plan policies in that the use does not infringe on continued agricultural use in the vicinity or County. The proposal does not appear to have any adverse impacts on the agricultural interests of the County or the environment. PL0846 850220 Page 2 RE: USR - PERMAGREEN b. The proposal is consistent with the intent of the Agricultural Zone District and is provided for as a Use by Special Review. c. The Tri-Area Planning Commission has reviewed this proposal and recommends approval. d. The subject site is located in a Geologic Hazard Overlay District. Condition for approval number four addresses this concern. e. Use by Special Review Operation and Design Standards 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 Use by Special Review for a fertilizer storage, mixing, loading and sales operation on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1 . The attached Standards for Use by Special Review be adopted and placed on the Use by Special Review plat prior to recording. 2 . The prescribed Use by Special Review activity shall not occur nor shall any building or electrical permits be issued on the subject property until the Use by Special Review plat has been delivered to the Department of Planning Services office and the plat has been recorded in the office of the Weld County Clerk and Recorder. 3 . The applicant and/or operator shall be required to obtain all applicable building or electrical permits for USR-654 :84 :50 . 4 . The applicant shall obtain approval of a Geologic Hazard Overlay District Development Permit from the Department of Planning Services. 5 . The applicant shall submit a revised plot plan for the mylar plat showing the location of the proposed residence for the employee/watchman, stock pile areas and activity sites. Page 3 RE: USR - PERMAGREEN 6 . The applicant shall submit a drainage plan and a run off containment program to the Department of Planning Services. 7 . The applicant shall submit a fire protection program to the Department of Planning Services. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 20th day of February, A.D. , 1985 . BOARD OF COUNTY COMMISSIONERS ATTEST: 4 ,ta-,,,� WELD COUNTY, COLORADO Weld County Jerk and Recorder L �,,,tV,r, • Arre and Clerk to the Board son, Chairman eR IC/ T 1}^� BlCs o"7yc-ryccP-/ 4-t-e-r-vC-fie-) Gene R. B tner, Pro-Tem Daputy Countyrk APPROVE AS TO FORM: C.W. K1 / accdi r ac County Attorney F an Y aguch OPERATION STANDARDS Permagreen Products Company USR-654 : 84 :50 1 . The uses permitted shall be a fertilizer storage, mixing, loading and sales operation in conjunction with a firewood operation as described in the application materials on file with the Department of Planning Services. 2 . The haul route for USR-654 : 84 : 50 shall be Weld County Road 13 to Weld County Road 6 to the 1-25 Frontage Road due to the unrestricted bridges on this route. 3. The Use by Special Review area shall be limited to one (1) access point on Weld County Road 13 . An eighteen (18) inch minimum diameter culvert forty (40) feet in length shall be installed at the point of ingress and egress to the subject site. 4 . The applicant and/or operator shall implement a runoff containment program for the Use by Special Review area as approved by the Department of Planning Services. 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. HEARING CERTIFICATION DOCKET NO. 85-8 RE: USE BY SPECIAL REVIEW - FERTILIZER STORAGE, MIXING, LOADING AND SALES OPERATION - PERMAGREEN PRODUCTS COMPANY A public hearing was conducted on February 20, 1985, at 2:00 P.M. , with the following present: Commissioner Jacqueline Johnson, Chairman Commissioner Gene Brantner, Pro-Tem Commissioner C.W. Kirby Commissioner Gordon E. Lacy Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Michael Mullen The following business was transacted: I hereby certify that pursuant to a notice dated February 4, 1985, and duly published February 7, 1985, in the La Salle Leader, a public hearing was conducted to consider the application of Permagreen Products Company for a Use by Special Review for a fertilizer storage, mixing, loading and sales operation. Assistant County Attorney Lee Morrison read this application into the record. Mike Mullen, Planning Department representative, read the favorable recommendation of the Planning Commission into the record and stated that the Planning staff recommends that Operation Standard #10 be deleted because a fire protection program has been approved. Roxy Vendena, president of Permagreen Products Company, came forward to answer questions of the Board. After discussion, Commissioner Lacy moved to approve the Use by Special Review application of Permagreen Products Company, subject to the recommendations of the Planning Commission and Operation Standards 1 through 9. Commissioner Brantner seconded the motion which carried unanimously. APPROVED: t��4A?" 41A BOARD OF COUNTY COMMISSIONERS ATTEST: q� WELD COUNTY, COLORADO Weld County Clerk and Recorder 6Ige and Clerk to the Boar \e John .o , C airman B • i cl U ��TLwi De uty County k Gene R. Brantner, Pro-Tem C.W. K• b . La y' �. a k amagu " TAPE #85-15 DOCKET #85-8 LHR 2229 ATTENDANCE RECORD TODAY ' S HEARINGS ARE AS FOLLOWS : DOCKET #85-5 - Jones Tri-City Intercable, Inc. , Cable Television Franchise DOCKET #85-8 - Permagreen Products Canpany, USR-Fertilizer operation DOCKET #85-9 - Weeks Energy Corpiration, USR-Oil & Gas Production facilities PLEASE write or print legibly your name , address and the DCC r (as ii5t_d above) or the applicants name of the hearing you are attending. NAME ADDRESS HEARING ATTENDING 4 S- ( a • (..ti ‘1 C:.�4 r��M �n+�L�- �..��-,trn,/ 0!%I \ �v+.s-o n/ C'c. 1..(G 1 -n-.c F(6 JlS < /x G' or„ -r l�.2p� / ccooe 'ea S;--C =S` ✓.e 4✓ c�. �Z (� VDU/ :1JxitJvet FOOD Solt"c4 .T/7 L. F! l3/ar/ 17.Q/.Ua. 7$cf -j U/Cex tcla - 7 Cl 14/IAA. DCLJ\Atka L .c.)-e-CU"I in<Jlt.��'J 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 Use by Special Review are requested to attend and may be heard. 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. 85-8 Permagreen Products Company 5520 Harlan Street Arvada, Colorado 80002 DATE: February 20 , 1985 TIME: 2 : 00 P.M. REQUEST: Use by Special Review - Fertilizer storage, mixing, loading and sales operation LEGAL DESCRIPTION: Part of the NE4, Section 24 , Township 1 North, Range 68 West of the 6th P.M. , Weld County, Colorado 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: February 4 , 1985 PUBLISHED: February 7 , 1985 , in the La Salle Leader Ajfdacit of Publication SATE CF C^.LORACC. 1- as. Ja. Pwsyi:9 i'r:c' County et Vi old Pit lfeenst iresatime !S IM w.tl�lee tome. Paul 1,1assev of c ir9y Bawd of ceisnb. Wete ca�sy said Caunty et Welt being duly swam, say that Lees, en reev semi am publisher of L:l• alle Leader awwr�`a 'se that the saws is a weekly newspaper a! convict -RERAiSO, -shin test soli ctnaulenen use printed end published in the •'nmunns+eK ee C egiMts in t niie•an hit Canty et e i� town et . La Salle tear wee in said county and state: that the notice et edwr usemer.4 of which the ennesed is c true ropy. x: has been published in said weekly newspaper '" tar one tetfsei6flb» weeifs: that the ranee was published in the rqulcr end enure issue et every number of said .µ newspaper du.-sng the paned and tune at publt • . cation et said :.once one in the newspaper sAlErFe vs.v$i e6 prepay end set in a supplement thereat. that the tint publication et said notice was cametned in the issue of said newspaper beerinc dote. atha S .�. day et_._ �eb2:Uarr A.O.. 19 aA4 oetCfnenorb end the lest p•bii:acn thereof. in the issue of .....:._. send newspaper beaming de:e. tie Z� day et Pen a"feure Beanie Uwe* Rq� I Serer.%nee ehlejdteeta P.M... February 19 tr1; that the Said weld Comp,C'irts9°. Pak lib*wUtCOUNTv At GOM/WeI0NIERs La Salle leader Wisur outrcrcotoRAna has been published eornnueusiy and uninter..zpt• sy:steki a*FEUERSTTEIN Sly during the penac et at Beat Iitryewe rn- COU7IFICkFinc etebettithlotiaciacket memoirs weeks nen prior to the first issue thereat " ' Ihni eanteininc said nonce r edver:uement annoy `enpnri reierred It and Char said newspaper was et the ARllle{eesYA•flea time of earth of the pt•:ti=dorts et said notice. 7arme.arinte Wands an duly quaWted ter that purpcse within the .seen" nenitei.Hlteee 7.tin; inc e£ an cat. entitled. "An Act Ccnaerr:ma Legal Nance', Adveniements and %ublicancrtt and the Fees at Printers end Publoners thereat. end to Repeal all Acts and Pats at Acts in Conflict with the P:vizicns at this Act." approved April 7. 1921. and cLt amendments thereat, and ;cram. teriy as ended by an r_• crop roved. March 32. 1St an cpraved M- 13. 1531. Publisner Suhscnbrd d sworn to beiere me this /�,�- :toy of � l!1 A.7.. 19-er. My commusicn 'spires // 7 a 6 Notary Public • l. ` xh i• r AFEIDA VIT OF PURLICA'f N FARMER AND MINER •• . County of Weld ) ss' State of Colorado ) I Joseph H . Rebel do solemnly swear that THE FARMER AND MINER is a weekly newspaper which is published in the County of Weld, State of Colorado, and which has general circulation therein; that said newspaper has been published continuously and unj$erruptedly in • NOTICE DATE:Fannie 10,rya said County of Weld for a period of more than fifty-two consecutive • weeks next prior tothefirstpublicationftheannexedlegalnotice oCoadnmhemheymdarthestea nME:zmaP.M. of Colorado and the Weld Crawl.tea- or advertisement; that said newspaper has been admitted to the hag Ordinance,•public hearing•N In REQUEST: Use by Special Rtwede held m i. ef.ylee Board d FextyWr storage,mi.hty.loading and United Sates mails as second-class matter under the provisions • county cane county mom dream of the Act of March 3, 1879, or any amendments thereto, and that Col„ad. Weld r ow*PM"Noolel LEGAL DlEcpmlON: said newspaper is a weekly newspaper duly qualified for pub- ,CdudgtiMattterest5id' yentas la any onmxl4YnNed to ' Pat al rht NEB,Silt$!.Tonraltip lishing legal notices and advertisements within the meaning of the Us, By Spatial t" mare re. I NOW.Bonne*BMW athe66P,M.. m quested attend and maybe beard. wad Canty,Colorado the laws of the State of Colorado. BE tT ALSO KNOWN that the text end - BOARD OF COUNTY That the annexed legal notice or advertisement was published owe a ea,!m by the Wdd Quote COMMISSIONERS O weekly PleanofCumearmo ataheeummr ,.WELD COUNre,COLORADO a,the aka woe Vieth M Rte Board a in the regular'and entire editions of said ty newspaper once each county Be.wrwow i.w.e..wow •Sa BY:MARY ANN FEUERSTEIN ^.Wed County CentenidarCuner, y15 COUNTY CLERK AND RECORDER 10th Street.ThM Floor.OreeW,Cob AND CLERK TOME BOARD week on the same day of each week for the period of Ant BY:Mary Rea.Devote DOCKET NO.sae DATED:February d.1955 Pali' consecutive insertions; and that the first publication of said notice I'anyreen Modesto Company Published in e the Farmer 5.d Miner on 56BBIIMIanfh OR Thesis,FeheaexPT,MI5.Aaea.CJnado was in the issue of said newspaper dated ' February 7 19 85 and that the last publication of said notice was in the issue of said newspaper dated -7 I Business Manager Subscribed and sworn to before me this..Lit h day of February 19 85 3 9 86 My Commission Expires 7tea l'-'- ,. ,,?<_:1,-/-A-„,44,' Notary Public FEES 3-1300.02 DATE: February 4 , 1985 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 20th day of February, 1985 , at 2 : 00 P.M. Docket No. 85-8 - Permagreen Products Company, USR-Fertilizer storage, mixing, loading and sales operation OFFICE OF THE CL&K TTTJJO//�� THE BOARD BY: 72,4 � Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Summary of the Weld County Planning Commission Meeting October 30, 1984 Page 5 NOTICE: Stephen Hamilton is again seated and actively participating in the meeting. CASE NUMBER: USR-654:84:50 APPLICANT: Permagreen Products Company REQUEST: A Use by Special Review Permit for a Fertilizer Storage, Mixing, Loading, and Sales Operation LEGAL DESCRIPTION: Part of the NE1, Section 24, TIN, R68W of the 6th P.M. Weld County, Colorado LOCATION: Approximately 2.5 miles south of Dacono; south of Weld County Road 8 and west of Weld County Road 13 APPEARANCE: Roxy Vendena, curter and applicant, stated he had an option to buy this twenty-two acres of land near Hudson. If this request is granted they plan to process animal manure to make fertilizer at this site. As a rule, on manure from dairy cows, the odor is probably the least offensive of all manures. The nearest neighbor lives about one-third mile away, and they will probably never be able to smell this operation. They intend to use this property only for a compost area, and no peat moss will be used on this site. They do not plan to do any building on this site for sometime. Twenty tons of manure would probably be the maximum amount on the site at any one time. The existing buildings on the property are all steel buildings. The Chairman asked Mr. Vendena if he had read the recommendations, conditions, and operation standards, as outlined by the Department of Planning Services staff. He stated he had an has no objections to them. The Chairman called for discussion from the audience. There was none. The Chairman asked that reading of the recommendations, conditions, and operation standards be dispensed with and that they be filed with the summary as a permanent record of these proceedings. MOTION: Doug Graff moved Condition #7 be amended to read as follows: 7. Prior to scheduling a hearing before the Board of County Commissioners the applicant shall submit a fire protection program to the Department of Planning Services staff. Summary of the Weld County Planning Commission Meeting October 30, 1984 Page 6 and Operation Standard Number 10 be added to read as follows: 10. The applicant and/or operator shall implement a fire protection program as approved by the Department of Planning Services staff. Motion seconded by Louis Rademacher. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the Planning Commission for their decision. Motion carried unanimously. MOTION: Bill McMurray moved Case Number USR-654:84:50 for Permagreen Products Company be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendati. s, conditions, and operation standards as recommended by the Department Planning Services, the conditions and operation standards as amended by Planning Commission and the testimony of the applicant. Motion seconded c, Louis Rademacher. 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. Sharon Linhart — yes; Jack Holman — yes; Louis Rademacher — yes; Bill McMurray — yes; Stephen Hamilton - yes; Paulette Weaver - yes; Doug Graff - yes; Lydia Dunbar - yes; Bob Ehrlich - yes. Motion carried unanimously. The Chairman called a recess at 2:30 p.m. •ti _, i«,.yN gym, _,,.}, •y .z e.�. �,av^p. ,....�. �d. .y. +.y - i' .i T n<." a•x+. -. + The Chairman called the meeting to order at 2:37 p.m. ' ` ' --c" CASE NUMBER . USR-653:84:49 APPLICANT: Colorado Jockey Club, Inc. REQUEST: A Use by Special Review Permit for a Recreational Facility Horse Racetrack and associated facilities LEGAL DESCRIPTION: Part of the SW's, Section 26, and part of the Section 35, all in T3N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 2.5 miles southeast of Mead; south of State Highway 66 and east of the I-25 Frontage Road BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Bill McMurray that the following resolution be introducted for passage by the Weld County Planning Commission. Be it Resolved by the Weld County Planning Commission that the application for: WE VI r7--u e.......r,.,... CASE NUMBER: USA-654:84:50 jFEB NAME: Permagreen Products Company 1 1985 ADDRESS: 5520 Harlan Street, Arvada, CO 80002 REQUEST: A Use by Special Review Permit for a Fertilizer Storage;'Mixing, Loading, and Sales Operation. LEGAL DESCRIPTION: Part of the NE14, Section 24, T1N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 21 miles south of Dacono; south of WCR 8 and West of WCR 13. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with application requirements of Section 24.7 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. 1 et seq. of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the Comprehensive Plan policies in that the use does not infringe on continued agricultural use in the vicinity or County. The proposal does not appear to have any adverse impacts on the agricultural interests of the County or the environment; - The proposal is consistent with the intent of the Agricultural Zone District and is provided for as a Use by Special Review; - The Tri-Area Planning Commission has reviewed this proposal and recommends approval; - The subject site is located in a Geologic Hazard Overlay District. Condition for approval number four addresses this concern; and - Use by Special Review Operation and Design Standards provide adequate protection of the health, safety and welfare of the neighborhood and County. USR-654:84:50 Ocotober 30, 1984 Page 2 The Planning Commission's recommendation for approval is conditional upon the following: 1. The attached Standards for Use by Special Review be adopted and placed on the Use by Special Review plat prior to recording. 2. The prescribed Use by Special Review activity shall not occur nor shall any building or electrical permits be issued on the subject property until the Use by Special Review plat has been delivered to the Department of Planning Services office and the plat has been recorded in the office of the Weld County Clerk and Recorder. 3. The applicant and/or operator shall be required to obtain all applicable building or electrical permits for USR-654:84:50. 4. Prior to scheduling a hearing before the Board of County Commissioners, the applicant shall obtain approval of a Geologic Hazard Overlay District Development Permit from the Department of Planning Services. 5. The applicant shall submit a revised plot plan for the mylar plat showing the location of the proposed residence for the employee/watchman, stock pile areas and activity sites. 6. Prior to scheduling a hearing before the Board of County Commissioners, the applicant shall submit a drainage plan and a run off containment program to the Department of Planning Services. 7. Prior to scheduling a hearing before the Board of Commissioners the applicant shall submit a fire protection program to the Department of Planning Services staff. USR-654:84:50 October 30, 1984 Page 3 Motion seconded by: Louis Rademacher Vote: For Passage Against Passage Sharon Linhart Jack Holman Louis Rademacher Bill McMurray Stephen Hamilton Paulette Weaver Doug Graff Lydia Dunbar Bob Ehrlich 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. 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 October 30, 1984, and recorded in Book No. IX of the proceedings of said Planning Commission. Dated the 30th day of November, 1984 il OPERATION STANDARDS Permagreen Products Company USR-654:84:50 1. The uses permitted shall be a fertilizer storage, mixing, loading and sales operation in conjunction with a firewood operation as described in the application materials on file with the Department of Planning Services. 2. The haul route for USR-654:84:50 shall be Weld County Road 13 to Weld County Road 6 to the I-25 Frontage Road due to the unrestricted bridges on this route. 3. The Use by Special Review area shall be limited to one (1) access point on Weld County Road 13. An eighteen (18) inch minimum diameter culvert forty (40) feet in length shall be installed at the point of ingress and egress to the subject site. 4. The applicant and/or operator shall implement a runoff containment program for the Use by Special Review area as approved by the Department of Planning Services. 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. Operation Standards USR-654:84:50 October 30, 1984 Page 2 10. The applicant an/or operator shall implement a fire protection program as approved by the Department of Planning Services staff. ADDITIONAL COMMENTS Permagreen Products Company USR-654:84:50 The Department of Planning Services has received a letter dated October 16, 1984 from the Dacono Area Fire Protection District requesting one of two methods for fire protection. The Fire Chief has suggested either an on site water storage tank (5,000 gallons) or assistance in the cost of a tanker vehicle. Due to the nature of this operation and the low density of residences in the immediate area, staff considers this request an excessive burden for the applicant. Planning staff would welcome suggestions on this matter from the Planning Commission. Date: October 30, 1984 CASE NUMBER: USR-654:84:50 NAME: Permagreen Products Company ADDRESS: 5520 Harlan Street, Arvada, CO 80002 REQUEST: A Use by Special Review Permit for a Fertilizer Storage, Mixing, Loading, and Sales Operation. LEGAL DESCRIPTION: Part of the NE1, Section 24, TIN, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 21 miles south of Dacono; south of WCR 8 and West of WCR 13. 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 24.7 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 24.3. 1 et seq. of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the Comprehensive Plan policies in that the use does not infringe on continued agricultural use in the vicinity or County. The proposal does not appear to have any adverse impacts on the agricultural interests of the County or the environment; - The proposal is consistent with the intent of the Agricultural Zone District and is provided for as a Use by Special Review; - The Tri-Area Planning Commission has reviewed this proposal and recommends approval; - The subject site is located in a Geologic Hazard Overlay District. Condition for approval number four addresses this concern; and - Use by Special Review Operation and Design Standards provide adequate protection of the health, safety and welfare of the neighborhood and County. The Department of Planning Services staff recommendation for approval is conditional upon the following: 1. The attached Standards for Use by Special Review be adopted and placed on the Use by Special Review plat prior to recording. 2. The prescribed Use by Special Review activity shall not occur nor shall any building or electrical permits be issued on the subject property until the Use by Special Review plat has been delivered to the Department of Planning Services office and the plat has been recorded in the office of the Weld County Clerk and Recorder. 3. The applicant and/or operator shall be required to obtain all applicable building or electrical permits for USR-654:84:50. 4. Prior to scheduling a hearing before the Board of County Commissioners, the applicant shall obtain approval of a Geologic Hazard Overlay District Development Permit from the Department of Planning Services. 5. The applicant shall submit a revised plot plan for the mylar plat showing the location of the proposed residence for the employee/watchman, stock pile areas and activity sites. 6. Prior to scheduling a hearing before the Board of County Commissioners, the applicant shall submit a drainage plan and a run off containment program to the Department of Planning Services. OPERATION STANDARDS Permagreen Products Company U.S.R. - 654:84:50 1. The uses permitted shall be a fertilizer storage, mixing, loading and sales operation in conjunction with a firewood operation as described in the application materials on file with the Department of Planning Services. 2. The haul route for USR-654:84:50 shall be Weld County Road 13 to Weld County Road 6 to the I-25 Frontage Road due to the unrestricted bridges on this route. 3. The Use by Special Review area shall be limited to one (1) access point on Weld County Road 13. An eighteen (18) inch minimum diameter culvert forty (40) feet in length shall be installed at the point of ingress and egress to the subject site. 4. The applicant and/or operator shall implement a runoff containment program for the Use by Special Review area as approved by the Department of Planning Services. 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. ADDITIONAL COMMENTS Permagreen Products Company USR-654:84:50 The Department of Planning Services has received a letter dated October 16, 1984 from the Dacono Area Fire Protection District requesting one of two methods for fire protection. The Fire Chief has suggested either an on site water storage tank (5,000 gallons) or assistance in the cost of a tanker vehicle. Due to the nature of this operation and the low density of residences in the immediate area, staff considers this request an excessive burden for the applicant. Planning staff would welcome suggestions on this matter from the Planning Commission. LAND USE APPLICATION SUMMARY SHEET Date: October 30 , 1984 CASE NUMBER: USR-654:84:50 NAME: Permagreen Products Company ADDRESS: 5520 Harlan Street, Arvada, Colorado 80002 REQUEST: A Use by Special Review Permit for a Fertilizer Storage, Mixing, Loading, and Sales Operation LEGAL DESCRIPTION: Part of the NE1, Section24, TIN, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 2.5 miles south of Dacono; south of Weld County Road 8 and west of Weld County Road 13 SIZE OF PARCEL: 21.32 acres more or less POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of a Use by Special Review Permit are listed under Section 24.3 of the Weld County Zoning Ordinance. The applicant would like to combine a dairy manure composting operation and a firewood operation on the same site. This is an agricultural related commercial activity in the Agricultural Zone District. The Tri-Area Planning Commission has reviewed this proposal and recommends approval. The West Adams Soil Conservation District has suggested that run-off from this operation be prevented from entering a drainageway to the west. The staff will incorporate this recommendation into an operation standard. The Weld County Engineering Department and the Dacono Area Fire Protection District have made specific recommendation (see enclosed referrals) . The Department of Planning Services has not received any objections to this proposal from surrounding property owners. i FIELD CHECK FILING NUMBER: USR 654:84:50 DATE OF INSPECTION: October 17, 1984 NAME: Permagreen Products Company REQUEST: Use by Special Review Permit for a Fertilizer Storage, Mixing, Loading and Sales Operation. LEGAL DESCRIPTION: Pt. NE'1, Section 24, TIN, R68W LOCATION: Approximately 21 miles south of Dacono; south of WCR 8 and west of WCR 13. LAND USE: N Cropland, oil pumps, old heater-treater-separator station, WCR 8. E WCR 13, cropland, oil pumps, old heater-treater-separator station. S Cropland, oil pumps, one residence, heater-treater-separator, Union Pacific Railroad, Washington Turkey Farms to SW. W Cropland, oil pumps ZONING: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: Subject site is the abandoned Lincoln Coal Mine consisting of 21.32 acres. Existing structures on the site include seven coal bins, two (2) brick structures and two metal buildings. The landscape in the immediate vicinity of the structures is characterized by weeds and black coal dust mixed into the soil. The majority of the site slopes to the west—northwest into a drainage way. Access is to WCR 13, a gravel road. A paved road exist 7/10 mile to the south on WCR 8. One residence is located within 11 mile of the proposed fertilizer site. By: / i0L4Q t/M id Michael S. Mullen Current Planner waxen •• • •j re '• A • . 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'1';'��e ryS Y�., s # - .yyy S 4 -rt. ♦ r i Sfi y.Y ��•5.., -,„ 4 C •-i,F•..• ..'-;• ♦ " _y'Rt� l ii` i J.' v1 r i .. !,3='''.-yr.:.F[.'r .„.:„..,.....,?!1r, .X i E * #,.1c.:4 too:,,,e..--/ t K }.)' tpry fir i , 4?. *�. r ff FA,'; ,+mss i Mi. r• N. r } : • 'be.-4 y.A. W 4k t A A r 5h r.vr. F d, .P'�" y?' ". ',.44s..11./.:;k-,.t +Fr* -W =r r c °;+w �t J "h r 1 t . - f �,n r-a , •3 ti a„4 2'F.�.ti,1''�,o- a{ t,,` A y _-_C3' ,',i..� r [.J '- - .t`;e t s,p, .7-•.-2.? it 1 DEPARTMENT OF PLANNING SERVICES PHONE (303)356-4000 Ext-4400 915 10TH STREET GREELEY,COLORADO 80631 x COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on Tuesday, October 30, 1984 at 1:30 p.m. to review a request for approval of a Use by Special Review Permit for a fertilizer storage, mixing, loading and sales operation on a parcel of land described as Pt. NE4, Section 24, T1N, R68 West of the 6th P.M. , Weld County, Colorado. containing 21.32 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 1Oth 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 1Oth Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on October 30, 1984 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 (356-4OOO, Extension 44OO) . Bob Ehrlich, Chairman Weld County Planning Commission To be published in the: LaSalle Leader To be published one (1) time by: October 18, 1984 Received b n - Date: /q- 2- — d� (T REFERRAL LIST APPLICANT: Permagreen Products Company CASE NUMBER: USR 654:84:50 SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY October 19, 1984 m U) m o m o o 14 H H vi H E.H R U U 2 O U 0 2 O '4,' H W W H W P. W {�:n� h W . v) O W U W 0 W0 0 W o U z z z o z z County Attorney (plat only) / X Brighton Soil Conservation JService V _. Weld County Health Department 60 South 27th Avenue X Brighton, CO 80601 / Engineering Department Y/ X / X Mike Stanton �— County Extension Agent Dept. of Natural Resources X Mined Land Reclamation Divisic 423 Centennial Building Office of Emergency Management 1313 Sherman Street .....-- Denver, CO 80203 #866-3567 xIRebecca E. Market, Sec. / X Dacono Area Fire Protection Tri-Area Planning Commission ,V/ District P.O. Box 363 P.O. Box 40 Frederick, CO 80530 Dacono, CO 80514 #833-2075 #833-3896 State Engineer / X Union Pacific Railroad Company Division of Water Resources J Industrial Development Dept. 1313 Sherman St. , Room 818 1416 Dodge Street Denver, Colorado 80203 Omaha, NE 68179 State Highway Department X Owen Jones 1420 2nd Street ` Panhandle Eastern Pipeline Co. Greeley, Colorado 80631 J 635 N. 7th Avenue P.O. Box 127 / Colorado Department of Health Brighton, CO 80601 / Water Quality Control Division VVV 4210 East 11th Avenue Denver, Colorado 80220 V X Bill McMurray Weld County Planning Commission P.O. Box 161 Brighton, CO 80601 West Adams Soil Conservation District P.O. Box 296 - Brighton, Colorado 80601 - Phone 659-7004 October 11 , 1984 _ C run. 1984 I Mr. Michael S. Mullen, Current Planner Department of Planning Services 915 10th Street Weld Co. Planning Cam m+ssiou Greeley, CO 80631 RE: Case Number USR-654:84:50 for Permagreen Products Company Dear Mr. Mullen: We have reviewed this application and have the following comments. Soils: According to the Important Farmlands Map of Weld County, Colo- rado these soils would be prime if they become irrigated. Soils have a moderate limitation for septic tank absorption field and for local roads. Drainage: The one surface drainage shown on the contour map should be maintained. This is to allow drainage from cropland on the east side of this land. It may be desirable to prevent any runoff from this operation into the nearby drainageway. Erosion and Sediment Control : Any land that is not used for the op- eration should be seeded to permanent vegetation. This would help prevent erosion from the land. - Sincerely, 1 Oscar Haake, Jr. , President Board of Supervisors CONSERVATION • DEVELOPMENT - SELF-GOVERNMENT Wig' Michael Mullen To PlannirLg Department Date October 19, 1984 COLORADO From Rodney H . Hutchinson P.E. , Engineering Manager Subject: Permagreen Products Co . - U.S.R. 654 :84:50 We have reviewed Permagreen's application for a fertilizer operation and offer the following comments : 1. Only one access should be allowed. An adequate culvert (18" min. diameter) should be supplied by the operator and the culvert length should be 40 feet to allow for truck turning radii . 2. The main access route stated in the application is west on Weld County Road 8. A bridge lies just east of I-25 that is presently posted at 9 tons for a tandem and 14 tons for a semi-trailer. These gross weight limits are less than the loads anticipated by the applicant. We recommend that the applicant be required to utilize Weld County Road 6 to the I-25 Frontage Road . The bridges on this route are not restricted. 6-2 --)//) 1 l II 'c!tl Cn. ?launing cmm�irssior RHH/bf a P k October 16, 1984 q t { t. ., Michael S . Mullen - Planner ' -- - ) I Weld County Planning Commission 'j 915 10th Street Greeley, Colorado saki Ca. [fanning Commission Re: Application of Permagreen Co, WCR 8 & WCR 13 . Sirs: We have reviewed the plan this operation and have very little problem with it, except for one item. We as the fire protection agency feel the need for an amount of on site water storage, or the need of the developer to assist in the cost of a tanker vehicle to be added to the fleet we now operate. We have two reasons for this . First the manure and com- post piles can ignite from spontaneous combustion, how- ever this probability is low due to the probable short storage time on site. However, we feel the firewood operations will be a problem that will require the capability to have water on site or more transport capability added to our fleet to keep our ISO (Insurance Services Office) ratings within reason for our district . Logically and economically for the developer, a 5000 gallon on site water storage tank, with hook up fittings for the fire department will be much less cost than the purchase of additional tanker equipment which this type of const- ruction will cause us to need. In the event the on site storage is not obtained or desired we would have to ask the developer to share the cost as it is this addition that causes the need. We would sincerely appreciate any help or comments on this from the planning commission and will work with you and the developer in any way possible. This request is made in the scope of continuing to give the best fire protection to the residents of our district and not allow spotted zoning to raise the cost of insurance of our residents due to lack of water or other fire protection capabilities. Other than the above stated needs, we are satisfied with the proposal and are prepared to give the necess r fire rot- ection to the area. . W. Fuss Fire Chief DACONO, COLORADO 80514 mEmoRAnDum, wlik Wes Potter Date October 22, 1984 To COLORADO From Mary Paulson M. 4 Subject: U.S.R. - 654:84:50 The following item's are required to be included in the Permagreen Products Proposed Facility: 1. The Mobile Home (for the watchman) , and any office facilities with restrooms for employee's, etc. , must apply for and obtain a Weld County I.S.D.S. permit for all individual sewage systems prior to their installation. Please check with this Department as to whether or not these systems will be required to be Engineered. 2. A containment area for runoff from this area is recommended to abate any nitrate problems which may occur. l � 0CT 241984 Weld Co. Planning Commission JEFFERSON COUNTY HEALTH DEPARTMENT 260 SOUTH KIPLING STREET LAKEWOOD, COLORADO 80226 303/238-6301 Vl October 19 , 1984 Weld County Department of Planning Services 915 Kent Street Greeley , Colorado 80631 Attn : Michael S . Mullen Dear Mr . Mullen : Please be advised that the Permagreen Products Company managed by Mr . Roxy Vendegnia located at 5520 Harlan Street in Jefferson County , since 1950 , has been very cooperative in their processing proceedures . They have taken measures to minimize odors , and to conform as closely as possible for a clean and efficient operation . Since the Permagreen Company was established at this site , nuisance complaints did result mostly about odor and flies because development began to surround this plant . When these complaints were discussed with Mr. Vendegnia , his fly spraying and stockpiling of manure proceedures complied as closely as possible . Sincerely , 7kidni (kr-4 Max Jonke Environmental Health Division MJ/jt C 0 T 21 1984 Weld Co. Planning Enmmission 4 ��*r Try�qq r !rye =h et 'mac ,�n g p� uc`t rn .�,.r03 KFW9 &�'s" ','Rµ^y,e�' S--r'so LaM i,.�hs '� :, . ntt Kw,.. a' November 17 , 1984 ryK 4: yyy1..y��1 :d 41 R F Permagreen Products Company 5520 Harlan Street Arvada, Colorado 80002 Mr. Roxy Vendena; As per our conversation on the needs of water to be located on your property located at WCR 13 and WCR 8, the old Lincoln Mine property, we were requiring this water based on the indicated • intent to cut and store firewood on the premises. The fertilizer operation is not that much concern to us as long as you are using the area for outside storage only. As I advised you, the storage of 40 to 50 cords of firewood on this property when stored in seperated piles will not create a real problem either. We would require either on site water or a water line and fire hydrant if this amount was to be exceeded. Also if you are to move your major operations, such as packaging • of the fertilizer, construction of or use of indoor storage on the site, we would then require the on site water requested in our letter to the planning commission. Under the present intent of only outside storage of cow manure, sand, wood chips and related fertilizer materials and small amounts of firewood, if any, we feel we can sufficiently take care of any problem arising with the water transport capability we now have. As you have agreed to add water supply or lines as the case may may be in the future when and if you do enlarge the operations or move into the packaging of the product and storage of any products in buildings, we will withdraw our request at this time and support your application fully. Your intent to have a security officer on site in a self contained {t[ unit is of no problem with use The Dacono Fire District after hearing the proposal from you therefore recommends approval as requested and withdraws the request of on site water at this time, with understanding that you agree to. supply needed water if required when expansion is started. • Respectfully Aoseph W. Fuss Fire Chief cc/ Weld Planning 2(1g8481 Dist. file ,ry (� yy I f .0,*'" 8'15 4 Weld Co. Planning Commission 4I PERMAGREEN PRODUCTS COMPANY USE BY SPECIAL REVIEW RUNOFF CONTAINMENT PROGRAM The runoff containment program for this operation calls for the construct an earthan berm two sides of stockpile area. The property drains to the north and west into a natural drainage. A front end loader will be used to construct this berm by pushing insitu earth into a pile along the property lines. The planned height will be between 18 and 24 inches and create a shallow ditch along the outside perimeter of the berm providing secondary protection to the off site drainage. At no time will the stockpiles be located over the closed entrance to the old Lincoln Mine or over the air shaft located on the northern part of the property. Presently manure is being piled on the area with permission of the Board of County Commissioners. Runoff to date has not been a problem , either the material absorbs any precipitation or it soakes into the ground before it can runoff. If it were to rain or snow hard enough to cause runoff the height of this proposed berm will be sufficient to contain the runoff on the site. Below is an typical cross section of the berm. Please refer to the Plot Plan for the location of this containment berm. PROPERTY LINE Berm Y1' SETBACK LINE 18-24" I STOCKPILE AREA T ditch TYPICAL CROSS SECTION no scale 2 We-84-0015 N RICHARD D. LAMM * * JOHN W. ROLD GOVERNOR \#\�+ a^ �t DIRECTOR 1876x COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES 715 STATE CENTENNIAL BUILDING-1313 SHERMAN STREET DENVER.COLORADO 80203 PHONE(303)866-2611 December 19, 1984 Mr. Michael Mullen Weld County Department of Planning Services 915 10th Street Greeley, Colorado 80631 Dear Mr. Mullen: RE: PERMAGREEN PRODUCTS FERTILIZER OPERATION USE BY SPECIAL REVIEW We have reviewed the plat and attendant information for the proposed fertilizer operation. Additionally, we reviewed extent of mining maps for the area•. The enclosed photo-copy shows the general outline of the property relative to the Lincoln Mine area, in grey. The Number 1 points to two (2) mine openings that appear to be on the property. One opening is an inclined tunnel of an unknown length and the other is a vertical shaft of an unknown dept. Another air shaft is shown on the mine map and appears to be located in the panhandle of the property. The mine openings represent a personnel hazard and may allow runoff from the fertilizer operation to migrate into the groundwater. We recommend that the incline and shaft be properly backfilled and sealed. The Mined Land Reclamation Division, Inactive Mine Reclamation Program can be contacted for closure guidelines. The airshaft in the northern portion of the property should be located, backfilled and sealed. We understand that a trailer type residence will be placed on the property. We recommend that the trailer not be tied to a concrete slab but remain flexible, to accommodate potential subsidence. Additionally, we recommend that utility lines into the trailer have flexible connections, to accommodate potential subsidence. In summary, we recommend that all openings be located, filled and capped. We recommend that the Colorado Mined Land Reclamation Division be contacted for closure guidelines. We will be glad to complete our review when these plans have been completed. We have no objection to conditional approval of this operation, provided these recommendations are followed and we review the closure plans. Please contact our office if you have any questions. Sincerely, of 1934 , -i�at E. Turney Jul Engineering Geologist ?Main Ou16"s''u" Weld C6� ca/JET-84-131 GEOLOGY STORY OF THE PAST...KEY TO THE FUTURE �1T `tf4YI - \� / I j / i • '::: � 200 oo / it 0 � ". d l 5ip0 1\'5 03 rib -7 __� •' ' i� a¢ M x HinglZ 7 , 1 i \I \ , c--...._______, il \-71'—'771 il 4 ... :..;:...•:::... yam_ t '/ I 5/00 :r> f s 3 f yf J` ■ vJ :C::...... —tii'f .. ' " %aie ''' -.:?!.1.n: :5:6 :': : 5:: :::::::::1:Y% oD ≥ � . . :.:.•:.••••':::;........ .; •: z::#::::.:"•�'.ar?a: ::`�: :�( 5095 i� /� � : . /,_ :•9:{.. ..� / - .-:yam' ...;':�:: f f � ti s �'t2� ��:;'<::: / �=' (iFl?;i.; "61d "m oln � 'i''e::. - r ' : f _ :5 •. ::•:: Q d Washfn: n • -:i:SiF::':" ik'`: . ..4.4,44.-":44::,...„.4..4„:444.44... 4,i=;;�'::44.4C:: � M' e 'Lincoln i.t.i'i:.: 5 C�5 1 . �3 i"c• I :ctt .ii:3' .....4-..-...- -....--77.4:-.•; i o At 2 r.:r%' <. fi :•�`: •...:::1. ... `. ' ':;:`;. • f 3-To . 5 :fit:• '�ti+i::y:� C�'`'h'`:m ti6(:.':�'-}: Ci ;;..•}:,� �' iRa i5' . •'`..:••• �, Si 9 c-C - CYC'..-: %?i:;ItJ•' .•M ..�Sii�rs��;;:[y'Y::ia: —_ -:{� C _ � - � ..... ... - - - - '� \/ Vii: _....... ...........:. .....::.......... ._ {p �....._ _ NE OPENINGS ..,,_. "`.�^ _. : "�:: .;1 . One inclined opening and one vertical opening. " ��' is 10' hi h 15' wtt* ; .aa„....•`,......,,. - 9 > wide; goes down `"'.:: p ng. Entry to �incline an unknown distance; incline o '`...:„.. intact, workers dismantling mine in summer of 1980 n deterrent as of July 1980. Opening at top of air shaftaise10'.� . .:::.,.;.{ :..: .%. . square, depth of shaft is unknown; shaft concrete lined and intact;_ _,NLL.c access deterred somewhat by enclosure in shaft house. / • '\ 5090 V C} Y --1): �3..eG /�5/S t. \ of / `r90' y n p DEPARTMENT OF NATURAL RESOURCES I *-(7 1 p David H.Getches,Executive Director . 1876 . MINED LAND RECLAMATION DIVISION DAVID C. SHELTON, Director Richard D.Lamm � Governor • January 21 , 1985 Mr. Michael Mullen Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 Re: Lincoln Mine Closure Dear Mr. Mullen: Stevan O'Brian of Environment, Inc. requested that I send you details on how the Mined Land Reclamation Division sealed the air shaft and incline. The sealing work was completed by the Division during July of 1983. A drawing showing the general location of these structures is enclosed. The incline is location number 5 on the drawing and the air shaft is number 25. The incline was sealed using the following procedure. The first 40 feet of structural arch was removed, then the incline was totally backfilled from the point where it had been collapsed (approximately 150 feet from the entrance) . To complete the operation, the incline section where the structural arch had been removed was brought to grade. Approximately 480 yd3 of backfill was placed in the incline and an additional 250 yd3 was required to bring the backfill to final grade. 3 H l ( m2 _ 1985 Weld Co. Planning Commission 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 January 21 , 1985 Michael Mullen Page Two The air shaft had been previously backfilled by the landowner. To complete the sealing, a concrete slab was poured over the air shaft. The slab consisted of 6 inches (thickness) of high early strength concrete (4,000 psi ) reinforced along the long axis with #6 rod spaced at 10 inch intervals and along the short axis with #4 rod at 15 inch intervals. The slab was approximately 11 .5 feet by 16.5 feet and was poured on two 12 x 26 inch I beams anchored in place. A drawing of the seal is enclosed. The upper end of the seal (north) is approximately 18 - 24 inches below the ground surface. If I can be of any further assistance, please give me a call at 866-3567. Sincerely, A j \Jiii Herron Reclamation Specialist JH/wjh Enclosures cc: Julia Turney, CGS Stevan O'Brian, Environment, Inc. 6927F - • - __ -- --.\ �' MAP II MINE SITE AND FACILITIES ` • • i • Af• , N i I • i i SCALE 1 :2300 \ \ i ) :� a t, O .. I °¢ / ` • 'Ion., - // / euurvnm uu� �! " V 1 /( .?3? ORG[G _ t• I--- '2 L va: 1 _ _ / ' err , k. �' O SO.. ao 1 • a flan �V • /(� �. -�,Ct ixG IOnG ! U j i i / ♦ loo). II1 __. .4` 91118 .bop r/'I�/ginE •13r1 •• ' �" i / \ •I 0000../ , I -II. O 6 Vitt )g C . l‘ Qn``1 ( 1 ', fuu 1 _-==___ - . ==f �� 1 o� E Y- HOIST COLLAR TOP OF OPENING 11 .5'w x 14' h GRND -y CONCRETE SEAL 16.5' BEAMS STAIRS _ 145 FIGURE 1 - SUGGESTED INSTALLATION OF FAN SHAFT SEAL (NOT DRAWN TO SCALE) oltrucract% ARVADA, COLD. Application for a - Weld County Use - by Special Review PREPARED BY ENVIRONMENT, INC. 9989 West 60th Ave. Arvada, Colorado 80004 (303) 423- 7297 \/ TABLE OF CONTENTS Page Application to weld County for Use by Special Review 1 Application Requirements 3 Affidavit of Intrest Owners, Surface Area 11 Interest Owners of Surface Estate 12 Affidavit of Intrest Owners, Minerals and/or Subsurface 13 Intrest Owners, Minerals and/or Subsurface 14 Purchase Agreement 15 Pocket containing Vicinity/Plot Plan Map 18 APPLICATION ` USE BY SPECIAL REVIEW Department of Planning Services, 915 Tenth Street, Greeley, Colorado 80631 Phone - 356-4000 - Ext. 4400 Case Number Date Received Application Checked by Mylar plat submitted — Application Fee Receipt Number Recording Fee Receipt Number TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) - I (we), the undersigned, hereby request hearings before the Weld County Planning Commission and the Weld County Board of County Commissioners concerning the proposed Special Review Permit of the following described unincorporated area of Weld County Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA:Part_Qt IE/4Section 24 T 1 J, R b8 W LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: _Same Section T N, R W Property Address (if available) .— PRESENT ZONE A,gricilture OVERLAY 7_.)NES Geologic Hazard TOTAL ACREAt 21.32 PROPOSED LAND USE Fretilizer storage, mixing, loading, and sales -- EXISTING LAND USE Coal mine yard and agriculture - SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW: Name: Albert R. Frei Address: 11531 Brighton Rd. City Henderson, CO Zip 80640 Home Telephone * Business Telephone * 29 8-3316 Name: Address: City Zip Home Telephone it Business Telephone * Name: Address: City _Zip Home Telephone * Business Telephone i_ APPLICANT OR AUTHORIZED ACENf (if different than above): Name: Permagreen Products Cotnpany ( Ron Vsrist Owner)_ Adcres5520 Harlan St _ City Arvada. CO Zip 80002 Home Telephone A Business Telephone * 424-7291 L.sr the owner(s) and/or lessees of mineral rights on or under the subject properties of record. :same: See attached List_ :.stress: City Zip Name: Address: _ City Zip — Name: Address: City Zip - I hereby depose and state under the penalities of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the beat of my knowledge. COUNTY OF WELD _) STATE OF COLORADO ) cri_i ( Sign tu*j: Owner o/'Authorized Agent '4 Subscribed and sworn to before me thisocur day of ,) 19 S �. SEAL ,L(GGtI.C C.2�to NOTARY PUBLIC / — My commission expires__ APPLICATION RE0UIRENENTS The following materials are presented in accordance with the Procedural Guide for Use by Special Review Application. 1 . A completed application form precedes this document. 2 . A detailed description of the proposed operation and use as outlined by the Guide follows. a. Proposed Use : This Use by Special Review in an Agriculture zone district is requested to allow operation of a fertilizer storage, mixing, blending and sales area. Permagreen Products Company composts cow manure in to fertilizer and soil conditioners used in gardens, flower beds and on lawns. At the present time the final product will be hauled to our Arvada facility for packaging. _. During the initial phases of development the equipment on site will include but will not be limited to front end loaders and a primary grinder used in composting. As production begins the cow manure will be hauled on site and stockpiled. Periodically the manure will be turned so that it dries uniformly . At the some time sawdust , topsoil and peat moss may be hauled to the site and stockpiled for mixing with the manure when drying is complete . The peat moss, sawdust , topsoil and cow manure would then be mixed and ground to specification and hauled off site for packaging and distribution. As it becomes feasible the final grinding, screening and packaging facilities may be moved from Arvada to this site. All building permits will be applied for prior to construction and setup of this equipment. In addition to the composting operation, Permagreen cuts, bundles and distributes firewood to superma- rkets. We would like to be able to continue to keep these two operations on the same site and do not feel that the firewood operation would have a detrimental affect on the Agriculture zone this operation will be in. It is the operators intent to have an employee/wa- tchman on site at all times. The living quarters for this person will be a motor home. The previous owner of the property had problems with vandalism to equipment that was not attended and this is why we feel a watchman is necessary. 3 b. Need for Use : Our operations have grown such that more storage area is needed for raw materials. A composting operation is more efficient when the manure can be spread thinner allow the enzymes that decompose raw dairy manure to work faster. The existing location in Arvada is located on 2 .5 acres and does not afford enough room to have the piles at their optimum depth for efficient composting . This site in Weld County is larger and located closer to our suppliers, the dairy industry and gives us the room needed. We are under pressure from them to remove the raw manure from their farms as soon as possible. c. Existing Surrounding Uses : The current surrounding uses are agricultural and oil and gas production. All four sides of the site are surrounded by crop lands that have been in production during the last year. d. For the distances to residential structures, please refer to the vicinity map included in this application. e. Not applicable. . f. The number of employees will vary with the time of year the extent of operations. The minimum number will be about two (2) with the maximum being about twenty five (25) . Operation will be in accordance with Weld County regulations. Normally there will be only one shift but should demands for product increase it may be necessary to work overtime. g. Water is an undesirable element in a drying/composting operation of this type. The only water needed would be for domestic use and that will be obtained from a supplier of water, either a water district or hauled from off site. h. The primary access routes will be from the site north 0 .34 miles on W.C.R. 13 to W.C.R. 8; thence west 1 .30 miles to I-25 . Both Weld County Roads are improved dirt. The raw materials will be hauled from various parts of the county to this site for processing. i. Truck sizes will vary from pickups to tractor trailer trucks. The raw material will be hauled with 18 wheel dumps or 10 wheel dumps depending on the size of the load. The dump type trucks commonly haul 35 yards or about 16 tons of raw material. The frequency of trucks per day will vary with the season of the year and the demand for finished materials. We expect the 4 average traffic per day to be between 1 and 4 trucks. If the final processing facilities are relocated to this site, box type trailers would also be used to haul the final product. j. Portable type facilities will be used for employees. The motor home for the employee/watchman will be self- contained or connected to an existing sewage facility. k. Not applicable. 1. Not applicable. m. The parcel of land for which this Use by Special Review is being requested is 21 .32 acres +/-. Raw material will occupy the lower 15 .34 acres +/- of the site (see map attached) . The move into the remaining 5 .98 acres +/- will be in the future, when more area is needed to expand the operation. The exact size of each pile is not predictable, demand dictates the amount of stockpiled materials needed month to month. n. Not applicable. o. There are no wastes associated with this operation. p. We do not anticipate any problems with erosion on the site. No landscaping is planned at this time. q. Permagreen has been in operation for 35 years and there are no plans to cease operations in the future. The plan is to use this site for many years to come. Should the Use by Special Review be revoked for some reason any materials on site would be hauled off and the area would be returned to agricultural production. We believe this operation would inhance the present soils since it was an old coal production area and the present soil and vegetation leave a lot to be desired. Permagreen intentions to remove the buildings that are unsalvageable or irreparable for use in this operation. r. In a letter submitted to the planning staff we have asked the Board of County Commissioners to allow storage of manure prior to the granting of this request knowing that if it is denied we would remove any stockpiles and clean the area. Stockpiling would only begin when approval of the special request was accepted or when the Use by Special Review is granted. 5 SUPPORTING DOCUMENTS 3 . The following materials are presented in accordance with the Procedural Guide for Use by Special Review Application. a. This type of operation is a Use by Special Review according to section 31.4 .2 of the Weld County Zoning Ordinance dated September 7 , 1982 . This Use by Special Review involves a fertilizer storage, mixing, blending and sales operation. The assumption is then made that this use would be consistent with the Weld County Comprehensive Plan. Of the 21 .32 acres +/- involved in this Use by Special Review 15 .34 acres +/- has been used as a yard and waste heap for the Lincoln Coal Mine. The land was reclaimed according to Colorado Mined Land Reclamation standards . At this time the soil has very little agricultural value due to the mixture of mine rubble and acidic nature of the waste material from the mine. The remaining 5 .98 acres +/- has been in crop production. We feel this activity is consistent with agricultural practices. A mutual dependency exists between the dairy industry in Weld County and Permagreen Products Company . Permagreen dependents on the dairy industry to provide portions of the raw materials needed and the dairy industry dependents on us to remove this cow manure to comply with health laws that regulate them. It will be an appropriate and beneficial use in this zone district. b. This is a Use by Special Review in the Agriculture zone district. c. This site was previously affected by non agricultural practices and therefore would not be removing productive crop land from the existing Agriculture zone district. d. This operation will meet or exceed any requirements made by the State and County . At this time no operating permits are required at the state level. We have been operating a processing facility like the proposed one for the past 35 years in the Arvada area. Permagreen Products Company operates in compliance with all State, County and City regulations governing this type of oper- ation and will continue to do so at this location. Protection of the health, safety, and welfare of the inhabitants of the neighborhood and the county are assured. 6 e. All surrounding land is Agriculture zoned. The current surrounding land uses are crop production and grazing Oil and gas wells exist on surrounding property but there are none on this property . The primary use of this site, though not directly an agricultural use will be closely related to and would be compatible with the Agricultural zoning district. f. The applicant believes this use is and will continue to be compatible with the Weld County Comprehensive Plan. g. This Use by Special Review is within a Geologic Hazard overlay. This property is on the edge of a severe zone , located at the entrance to the Lincoln Mine. With the land being used primarily to stockpile and store composting materials the adverse impact that subsidance might have would be less severe to this use than to residential or manufacturing uses. Taking _ this into consideration the applicant asks that this requirement be waived. h. Not applicable. . i. See purchase agreement attached. j. The applicant requests the noise report be waived. All equipment and operations will comply with Colorado statutes on noise limits. k. Not applicable for this operation. 1. Certified list attached for property owners within 500 feet. m. Not applicable. 4 . Use by Special Review Permit Plan Map. a. Vicinity and Plot Plan map in pocket. 5 . a. The applicant believes all required items have been completed and are submitted herewith to the Department of Planning Services with the requested that a case number and hearing dates. b. The original and 12 copies of the map in the proper format are submitted herewith. c. Application fee for $175.00 is attached 7 Recording fee for $30 .00 is attached. d. The advertising policy of the County is understood. 6&7 . The applicant has reviewed Sections 24 .5 and 24 .6 of the Weld County Zoning Ordinance. It is the applicants intent to demonstrate compliance with these standards throughout the life of the operation. Specific Weld County Ordinances: 24 .5 .1 General statement understood. 24 .5 .1 .1 thru 24 .5 .1 .5 .2 Not applicable. 24 .5 .1 .6 Parking will be provided for employees and customers on the property. 24 .5 .1 .7 Setback and offset requirements will be met or exceeded. 24 .5 .1 .8 Access and traffic items will be discussed with the Weld County Department of Engineering. 25 .5 .1 .9 Access to public rights-of-way will meet or exceed minimum standards. 24 .5 .1 .10 Not applicable. 24 .5 .1 .11 Understood, The area where initial stockpiling will be is covered with mine rubble and tailings. 24 .6 .1 The applicant will comply with all Colorado state laws. 24 .6 .1 .1 Noise standard 25-12-101 C.R. S. . Operator will comply with this standard. 24 .6 .1 .2 Regulations of the Air Quality Control Commission will be followed as they apply to this operation. 24 .6 .1 .3 All water Quality Control Commission will be followed as they apply to this operation. 24 .1 .4 thru 24 .1 .4 .2 The only lighting planned would be farm yard _ type lighting. The applicant intends to comply. 24 .1 .5 Heat standard. The applicant will comply 8 24 .1 .6 Weed standard. The applicant will comply. 8 . All sign posting requirements will be met. 9 . The cost of the legal notice of the Board of County Commis- sioners ' hearing is duly noted and will be paid by the applicant. 9 ®A A I S O4 the people in this area have trusted In addition to our wide variety of organics. we is i iy ccn to help keep their lawns, flowers and offer decorative hark, volcanic rock (red or black), a Ic n ; calthy and growing the natural way.We've marble chips and Canadian sphagnum peat moss. r oyd that trust by providing them with the finest the advantage to you is a complete line of natural quaky I,rtterials available. products available from a single source. (kit mountain peat comes from the South Park Permagreen Products are sold throughout and there is no finer peat in Colorado than that Colorado by most of the larger nurseries. grocery winch comes from this area. chains, discount centers anti other outlets. Centrally located in Denver,we usually ship orders received in Our manures arc completely composted the the morning on the same day. natural way—by continuous turningand sun-drying. "I'he finished product is dark and rich,with no weed Give Permagreen Products a try and see how they seeds or offensive odors. can help your customers grow better. We truck our top soil in from the"farm country' about 50 miles north of Denver. All Permagreen 11 materials pass through three grinding and screening processes before bagging. IT Permagreen Products Company 5520 Harlan Street Arvada. Colorado 80002 (303) 424-7291 (303) 424-9376 _ __ . 1 r , + tee■ r • I ..:.�.-- •• •I _ . , �` _ _ .. . , 7 ; '• Perma�r er :. ' . : .: • ,' 'e tg reen Sheep'& Peat • '• . . . . :Teat,Moss • , Permagreen Sheep & Peat is a 5()/$0 blend of composted, Permagreen Pear loss goes hand-in-hand with any garden- ,': ground and screened sheep manure and mountain peat moss ing activity..lt s nave's own soil conditioner_When added , . It:is packaged: in a bright three-color bag. This blend can.be directly, to.the soil;or'mixed with manure-or othercomposted. used for a top-dressing on lawns or mixed into garden soils and material; it.providw ;excc•Ilerit water-retention,..air-circulation -= , ` lowerbeds.Permagreen Sheep&Peat provides plants with the and simuhaheous i keeps the soil loose and fluffy,permitting' _ ' proper nutrients while conditioning the soil. , root structures to easily spreiti. • • { ..% ` It M.. Permagreen I . ; ° 'e�tagreen ! • • �•s .Sheep Manure;: : ; 50150 Permagreen Sheep Manure provides a higher amount of PerTnagreen, 0/50 is a Maul: ,of composted,.grour,td and : nitrogen than most other manures.Ails results in a little"faster' screened codr:r antrine ind mduntain peat moss: Permagre'en • ' growth in certain plants- Ideal for use before the weather- 50/50 can be;useo!el≤anytime..Because of its low nitrogen -: becomes too hot— in the spring or fall Permagreen Sheep content,there is, 'danger of burning"This blend of oanure" • ; Mw-lure is completely composted.There are naweed'seeds or and:peat provides a$:ideal cdttditioner to the soul Permagreen' .. ` ; ; offensive odors.'it is finely ground,screened and packaged in . 50/50 is packaged a colorful orange, green and white attractive bag.' *i`•I , ,r. i ;Termagreen Permagreen Tree & Shrub • Top Plan ting Mix - " Permagreen Top Soil is more tharn�jpst top soil,It isactr�ally a" ' ,y"plant;er's mix"developed especially for this area.By blending Permagreen Tie &Shrub Planting Mix is just as the name • • ; _ soil,:sand,peat moss,wood chips anti manure,we have made says —:its the idea medium for planting all kinds of trees, - ;an ideal planting medium in which past about anything can be shrubs and bushes,`f'ermagre•cn Tree&Shrub Planting Mix is , ' ., : - ' ' forrtrulated s ecrficalty for this area.The pH factor is near • ; •_ .; ; gnwrt.;P�ermagreen Top Soil is used for filling low spots in P . � � • •lawns for'flower boxes, planters, et Its a time tested=and• neutral, therefore minimizing'shock'to the root system and raven formula. `' ensuring quick stabilization of the plant _ • • .. • 1 . " • _ : , ') Permagreen Permagreen : Manures Potting Soil I ' ''`- Permagreen Manures are ideal foe lawns, flowers and Permagreen Potting Soil provides a good environment for gardens.They are completely composted,so there are no weed roots,readily holds and releases water to plants, provides •• seeds,and no offensive odors.Then they are finely ground and excellent internal drainage and maintains the proper balance of screened:The nitrogen:in Permagreen Manures continually fertility. This formula has been used by leading commercial • feeds the plants for lush, healthy growth.M a mulch or-top, greenhouses for over 50 years. les a time-tested-and-proven 'dressing Permagreen Manures will`Ildp lawns:become.rich formula. ' : ' , and green,by supplying phosphate nd potash. They can be � used straight or:mixed'with peat moss, Permagreen'ProductsCo.,5520I larlan St,Arvada,CO80002 _ (303)424-729.1.00,(1303)424-9376 AFFIDAVIT OF INTEREST OWNERS, SURFACE ESTATE Application No: Subject Property : Part of the NE/4 NE/4 , and SE/4 NE/4, Section 24 , Township 1 North , Range 68 West, 6th P.M. , Weld County, Colorado STATE OF COLORADO SS COUNTY OF JEFFERSON The undersigned, being first duly sworn, states that to the best of his knowledge the attached list is a true and accurate list of the names, addresses and corresponding Parcel Identification Numbers 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 within the prescribed thirty (30) days of the application submission date. The foregoing instrumen was subscribed and sworn to before me this 0260- day of _ - -Tci�r�l , 1984 . Witness my hand and official seal. My commission expires: MY Commisi 70Aras Jury15,1996 ,U rlurr ,,, 9605 Helamn ad Arvada,Co.80002 (/y/L/ ✓(C-/ SEAL) • Notary Public ��11 - ' ��QTAR _ Address: JSOSS dee2-Eo�ux. ICC:2Oe ... r r 1��hq,Crn'moon 11 INTEREST OWNERS OF SURFACE ESTATE The following interest owners whose properties are located within 500 feet of the boundaries of the property which is the subject of this application are listed in the records of the Weld County Assessor as of September 4 , 1984 . Name and Address Parcel Identification No. Cosslett, Richard et al 62-1467-13-0-00-009 c/o Longmont National Bank 5th and Coffman Longmont, CO 80501 Bixler, Ruth E. and 62-1469-18-0-00-006 Johnson, Virginia 301 Sumner Longmont, CO 80501 Lauridsen, Clarence 62-1469-19-0-00-039 6396 WCR 8 Brighton, CO 80601 Lauridsen, John C. et al 62-1467-24-0-00-037 12780 N. Colorado Blvd. Northglenn, CO 80241 Totems, Lawrence and Alyce 62-1467-24-0-00-065 7173 WCR 6 Brighton, CO 80601 12 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No: Subject Property: Part of the NE/4 NE/4, and SE/4 NE/4, Section 24 , Township 1 North , Range 68 West, 6th P.M. , Weld County, Colorado STATE OF COLORADO ) SS COUNTY OF JEFFERSON The undersigned, being first duly sworn, states that to the best of his knowledge the attached list is a true and accurate list of the names and addresses of all 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. C iec_ The offeg ing instrume?t was sub scr,ibed and sworn to before me thiso/(otit day of �1� � /�/ , 1984 . Witness my hand and official seal. My commission expires: My Commission5xDirss Juty15,1996 P 950 Iswn Road Anede,Co.80002 f'�lo�9R �kIo'S AL) c 1- A.tZ' ��%L tPiLc�i Notary u j _ . # Address: ,r'',\C' X00 WLL�-et-e l, 4;6 G[) 1O0 P 13 INTREST OWNERS, MINERALS AND/OR SUBSURFACE Coal, Oil and Gas Lauridsen, John C. 12780 N. Colorado Blvd. Northglenn, CO 80241 Meyer, Donald J . 13681 St. Andrews Dr. #26 Seal Beach, CA 90740 Oil and Gas only Leased By MGF Oil Copr. 216 16th Street Mall #900 Denver, CO 80202 Ownership Adolph Coors Company Golden, CO 80401 14 r.JYur .chine••. 21II a.'tot roue ru ,pp.r-..,n I].'2:.2-ell 111111 OIFW Y151YY11(Mf.Ir N01 ONOC001000,IEilll,r400 011[11 Mall SIOY I Y CONSIIID NMI 1111111114. ' VACANT LAND CONTRACT TO BUY AND SELL REAL ESTATE (Remedies Include Specific Performance) • July . 18. „ P4 _tne.,,rn en .r m.e,.,rn.r a check —____ _. _ _ __ _. ____ - _ ___..__.:.n.n•rJ pY Alpert.Frei & Sons Profit Sher,ng Plan urr..,. rn .. .r, .•,rn« ., rr u.tit• .,.nn vr. •• nine" mu,.r •nJ P. : V•Y nenr Iv in. r...r.r, n( JennL.., ..a .ira. rh. , r r ,r aunty.r Weld •cl.r•.r••to two parcels of land more particularly described on Exhibit r'A" attached nereto Ingeihel tn.,.punnr.tr.o.r<.!h.•.r.•Y•PD.r reo•ntthen.-t.,and•uten Pr.•.nr.n.au....,...,.,l dl lr,tr,.••.r.r.•rrn.n.m n•wr.•.,, flya • •••. e'e"d•d.in their p unducorn ordinary .er.M tear•...DbJ.•nan.ren•Itvnijed l he Properly re Rau F. Vendone Jsaa'*fJIM.4YMM104 NOtMMIHINn ft. -••i J 1 . web •,r • 1 P rtv.• P 1 • n • r r n... lne Yr a ru_ •..Iwl,,ww.tot.www { INS Balance upon closing in cash or certified funds. • • • ' none wrc,0x h$$1X.11X x$ 44161 K.0)1rx><rcia♦ at'atr44iM�cx�a�x�!K>F;c Klxw>sxos.m ^ N r<M ' r •+nMMxIRrxwM'M*MMxi1l*IXSOCtMN/*MMMM11Nx INWOO**OMMMMNx MMM•MMYMMMMM1401%* 10*** 1Y X �XeehXitxx KAwxrxx xzx x xxxx xxxx xYra�cuxxxxzrawcrla XXXXXX11xlr1ac4XXXXX,xxxxxxuxsx�i cXIF -1T4tXXXrcr114XXXXXW=SatratiltaXIX.MMXIAXMQ0a4macmcasiuvim4Mmax X6hxxx .� xxxxxxxXXxxxxxxxxxXxXXXXYxXXxgo(mxuxxxxxxxxxxzxYX44.44p XbX,44gX!, xle>rxrl;rgwxprrYxK�t><.xa{ ,� rr>>x qx s€x}� xxxxxxx�rxxx •>exxxx�xxox xxfr 1axlcat(X,Macitr x -- ,txKxK:A;“x Ik iicAZ44 44444AX*44"M,iiixx9Roxxx ietnacii"atkef'inri :71(f>tithIVMYNklrit x s YY/xxxxrct _x"cffX..tLolXX7.X.XkXiXX1t..h`Xk"XxkXxurrxXX CXXkXxlxxxxxxxzxkxxxxxx purchaser ,. .....rr I,r,r.,..nwm. n.a.n, ..d,te.n.0 L.P•rJ b. - purchaser. --- ey. Le-JLa... ANfMx,(Aalni.nMx xx)(FrxlOOO91d(X X SAxxvlrA- •.,, ,r•, ...,,.,I,,, .,. ,, , _ ,,.n..e 6 fxx{xx . 1 I I#eI,eforw 15 _days.prior _to closing 11 rnett, ;J n LI r P v -P L.,• µ JP , rl , il•J•t.1. e 1 I„r IJ JqV rJJ VItr.DCll CVI,,.•.i ..yyY'•1 a-.. .wJ 5tiLer ..t.,,n or tl. .lends 3011, , 1 r LY _ ;3Gf , 1 4 tst,., — n ,.1• try , I .;a•ru r• ,n.re.r ...... .er i. aener.al .. ve Inreh•eer.,ry tomber 17� D&4_ nD.,tn.,.,,. ..at.., .a e.• �:... • 1 ,.h.{ er.l t..0 lur lna Yeer. , ,� ., r e vent. ,a lnlawl,tedete W Yureh.•ee .,y r b.ree.,the . .e ee>rJ me R.e.. .r. .✓ 1984 taxes and subsequent years e.:ept.hele4e«,ny,w new -,...Linnr.wn Lee mente t twin.tigM°I.eeenn none ....n..nr a I. ......y. r.. .,.a urn,ur•rD.r rm onenr.nu. those of record • • �u.n111,\-j-hl.,.nr.•e,rotl,.•n.+.�.II WIL•r.te Vecet Lend, 15 .,J..tn.,.•-r u unite end tonne refulaunn• m..rn.nunle en:,,Avert. .el,,r of 'hilt . el a I rAA orer d oa n e .nut centered ae ri 01,1 ...pe 12,atfnd mere. Getter. il F 1 __ .eea e• ale e[ei6. nee nf[ dta err I.. *id u.'Me nn r value e I. . . ..., . le , r.�.•et nep.Am eoen.rrtF+ meet settlement from ^+v n T. he h n ae ' rtyr to erth riflemen, elm. three h.e+n n e rr, . .^.a r.. . ... en ,Pell n I. reed ,an.nrn v .ern.veal n,r tee Lam.n eel e.ro .hereunto,.n sit end.41 rr let General'..en!,.tome year r'i...inn',e,^ra an the nun recent levy end the mart neat enenmeto l..ne.I... ,'non re-ra v"r'tn.. !HA none,,,en lnnnrmo premiums end an eneumbrencn,irur,and - - - . — -- '-' __._ ___ .hellhe,l.p^rt.•.nea•,:.n l+of.MF,...e of!..1 In?,...,+...i,.nnr•h.Property.netndel,reredtoMt..ee.ehon closing none F y In a nrl • •re lt,her h lef f•M1 t e •••tut r r r•C.re, +rn_ rem mete h r onto r n which cote all oer men'snd tine, I e ..e v e�n r,n. ,••. r II uncutnh Y eern.ft money Henn.I (111. . a •r•,,,,t __ l . rrr 1 p hint hiss oer n r I II a A. Il irr once 1 I.h..F.erned I yr.ct this her 1 • ee[ a',nonce,Ar,, ,. In...interned and to elect end• .r .shall rm.Y..enrrt n.Faemnf F V n "' ttlie(unlearnnnr r[in lull fane.FAfI1.effect •ller nmrMpl trot r cent. Inc'runlet..pet A S^ i. L!PITCH e 9E0.R INfIrPA ant relined ed nn hvyrlenttn<nesadbrentnrruu d ' which r At r' ve.IFn.=n.-In'hall nnnen Cull levee ru nedn And Seller fNbe.nd Seller thenmq ne• .mM1 Anmgh.^•npb p.ary teller nay elver r rulere and eRert.ndeelbh Melt F.nfnen[nrt .r .oftb'' "t n myn. mtL. �cl Anvnu. . tM^ croon levee the te(enl lill[.tbn inninguuf of lAl..^nr,rnrr�Ma en.r nay...vent to the H hat. ,tree., t of�[.contnm fee,. Met ie the event of•ny contra ven!ttesalon but themay ant n :I inety.`I ; `a ,,F,rIe(.broker.eell not be 1O ,,,,t...d'Fto •ny t.n/rise,dlCe rYrtr"nl •nr nh. ". r rynleW.,e, rtnrn['of value untocourt end may cnnver reurteoete and reasan able attnrneyi f+e, n A1e]1�'.erld.trxr.vi n�re.elupel A. 'hit contract is contingent upon Purchaser obtaining approval from appropriate Weld County officials to allow the storage of animal manure on the premises . If approval is not obtained prior to the closing date of November 17, 1984 herein, this contract shall her considered null and void and ( MAW of Purchasers earnest mon."r _ shall he promptly refunded. If closing doesn' t occur it is 'Indro' et''oJ the remaining SSW shall be retained by Seller nn ! forfeited by Purchaser. B . If Purchaser obtains approval from appropriate Weld County --- officials prior to November 17. 1984 the closing shall occur 15 days after the granting of the approval by Weld County officials . I . teller re5eryes the r1ttht to enter the prnpertl after — closing to remove storage bins located on the property. The parties d ;ree the deed conveyed on closing shall contain language granting Seller the right to remove the storage b' ns • Ia r Lenin.. un.rlr.,..en..n...na Po a.n.1.ell n .. the .r ..^ .re.h. r I 4;E<t, • ct_ -'+L c 1/tto/ay �. ... F ' I'" ' Rbxy F. Vendena r _ ., _ Inrener _ .. Dete — Pun hi..,,\live... 7758 Lee, Arvada, Colorado 80004 .Tr.nn,.u,—....xr.nu. pw.e.$111111 A.., ta.,.r crier..rr,t rnr Mueeprnnr,al rule... n,Y..f _..__. _ .y.��yyy_y._■�p_�yp�_y_y.�ryy.1�y.__..�yyy.100 •teWeWilioy/•'y� irailat*XX 14 XAX A% ar + it. YYYV VYY1♦JI,Kh)rI(OI.1L,�MJIWar1(bllMnl�YJIJ{lIJ1Jl1l JI1{Jf JI�JIJ!•�JIJIJIJIFF*•Alt%JIJIJIJ!]1F1 n§ x % X lE9El �lt9f� E9E ...-- 6, _ uJ,.., •e]L�2-_ 44_. ZC.L. _ _ 7_20.''.x- . . `el'•• Albert Frei R cons Profit Sharing P an`•"^r ' sir,....• e ....,...m.end,AAene__11521 .Brighton Road..Hendersen..so_loradp 80640 16 EXHIBIT "A" Vacant Land Contract to Buy and Sell Real Estate (Remedies include Specific Performance) PARCEL 01 A portion of the South Half (Sl/2) of Section Eighteen (18), Township One (1) North, Range Sixty-Seven (67) West of the 6th P.M. , County of Weld, State of Colorado, described as follows; Beginning at a point which bears North 68' 30' West 135,000 feet from the putt, fjuartc_L corner .(S1/4 Cor) of Section 18, Township 1 North, Range 67 West : thence west 288 . 00 feet; thence Ninth 100. 00 feet; thence Last 288. 00 feet; • thence South 100 . 00 feet to the point of beginning. PAHC.UL 04 ; A portion of the Northeast Quarter (NE1/4 ) of Section Twenty-four (24), Township One (1) North, Range Sixty-eight (68) West ^.f the 6th P.M., County of Weld, State of Colorado, described as follows : Beginning at a point designated as Corner No. 1, which is 1912 feet South and 30 feet West of the Northeast corner (NE Cor) of said Section 24; thence West 952 feet along the North right-of- way line of the Union Pacific Railroad's spur track serving the coal mine of The Clayton Coal Company to Corner No. 2 ; thence North 702 feet to Corner No. 3; thence mast 132 feet to corner No. 4 ; thence North 1180 feet to Corner No. 5; thence East 220 feet to Corner No. 6; thence South 1882 feet to Corner No. 11, which is the point of beginning. 17 Hello