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Home My WebLink About850389.tiff --- ----- /02391/96 F;',./,5'V,n� 0 1101 AEC 01041196 01/90/66 15x32 630 00 1/003 +1 J✓jG+'�'�37 1,0603 MARY 6NN PEDERSTEIN CLEM 5 RECORDER SOLD CO,CO DOERINGSFELD ARATAS AND ELLIOTT SPECIAL USE PERMIT LAND IN NE 1/4 SEC 9 AND N 1/2.SEC.ro,T.5N 1 R.GS w,,GTH PM,WELD Co. COLORADO I I I I I I I I I I I I Ro Sn-r I ELNORA ' I BLISS Kenneth E Sandra _ _ _ Farr Farms Co. I ESAnderson Mary E.Glendenning I r _ _ l 1 I ' I- — I BLISS I I. I 1 r I d `..,e Po, Rose Bon ertz u c t =a3 TE v) William J. v) 8 $ E Rose Marie 61,... r I —-\ I I stift me" 1r >7 3 FORCtTi : Joe I MARY SANG —--'` - m6euGoddard I DONAIlh4 I '� I I i • I B Son Intl ■ a D�Tr., S.9 —— J'— --i '— --�— — — — YinrnTY MAP ' -- ----- D rNW SC A Le DOERINGSFELD, ARATAS AND ELLIOTT. Crapps a Varra �1 I� , l4 Dear\1 Bonerfi Shirley I II John) a \Anderson MI Wanda mrc3+Air • Il Mc iamary RAa6 Robert Walker I y� DECCA M4 IaRDE� ml�eR SOlIC 1"•zoo' soesuaod ,CARE-Sort cNAAnYl1 l• I --_----- y, — --------- ■ i ■ II ■ ■ _- -- Louise L.Kelley) -- — — — ■•E Haag bwolkl9t Co AMENDED SUP 345.85=IO i Cta City of Greeley WALTER V/ IN DOERGSFELD, JR. I OR (Linn Grove) VICINITY MAP SOMA I..0141491444143 S. N.,1•� -,.=,tl 6 ;rlti M, 'R T�tR'_ 1P+toe w R.9w. main „i ;u, 1 :hoseSAND 8 GRAVEL PROP I moan uu1�.n r v" ration std1rod, aa�� 1IaYYIIN W1 - 0/.y/dY1 _ 1 I OF 3 ----- — - - _ —-- a 1101 NEC 02/13296 01/30/86 15132 830 00 2/003 - P 0881 IMRY ANN FEPERSTEIN CLERK 6 RECORDER rash°CO,CO DOERINGSFELD, ARATAS SPECIAL USE P�RIukIT ! LAND IN NE 1/4 SEC 9 AND N V2 SEC 10,T.5 N., Rw6S W.,6TN.P.M., WELD CO. COIDRADO OPERATION STAF0Arn- MS Corporation Amended SUP-34r,85 ID I The uses permitted o said donor-Jived 'areal shall be Eno extraction of gravel as aescraned In the approved application materials for SUP-345 77 19 on file xl•h the Department of Planning Services. 2 A greenbelt shall be planted and maintained along the entar length of the southern boundary The greenbelt shall be a lnimum of ten feet in width The greenbelt shall c hoist of o parallel of trees acceptable CO ,hl, apartment of Planning Services Thu[ ntball be a n !mum t1.°feet in Felght at the Otto of planting Tha rr Aire greenbelt shell be plantod by the 1986 spring 0 'tine s.oson, identvf Id as .bat April 15 and May 1986 TFo cant operator does rot have to plant rhos°areas plena the greenbelt which have been determined by representatives of tOr.rceley Soil Conservation District as unsuitable far plan.ang 3 Existing trees located in the gra rnbolt shall be preserved and incorporated into the greenbelt 4 The owner and/or operator shall only utilise the access roads from tFo Amended Special U r Ilse Permit e o Cast 16th Street sshowshown on the recorded plat Tha saccondary access road nhall bo aced for hauling sand and gravel Only in rho°vent RAI,Ilan Cum I'-Iul c-1111PIC.trl''I the main access toad le not passable '�.w 1 to artlfy that Po Yale W,ty Planning',-mlczlrn h'+ red life'I. 5. six foot chain link fence shall he erected and maintained �rgla �- — ..r, grey rccnmxe'tl La L'.G,ara cI Is.'ny'�,Sc,I.-+.r.,r Ia -,..-1t/, the following locations prior to extract!•n of any nand in, - ••.e------7, at- "�T—- Kernel ' f— ` _ r>s to ant cimtS„,,Iv-,n,:_,,, t 1 U r l+l dad gravel a a0vy'yy6--...37.:-.,-_-_,..- —_ __ -__=:______.- '�� \ \--i. a w one Cexrttl arc-n s �r t n l 1. e.c—..11_x.--_— r,.8. ((/ ', r.:u v, w, ea Slrratlon.aPpraval - • Tho oaa[ca boundary of PM[es VI an..VIr ��,y,�,y„�'�-�— r _ \\ _ -�wef''%� O b The southern boardary of chorea I.,', x and %II "-Vrm a8+ao IDs W/.rei IIr (except the Mc9ara property',Mc, si fenced by /'Jr+ai ..•n / morose —?rte ��, -strand barbed ware) \` /-�—�. FMS .wlafa e T e western boundary of v area XI',a ,%Iv •Aele AA 1 a•aaWi ORINcelall Si,no 0 acing o Treepnae,nn' k. ,[ posted and favcoaincd.n the chain lint were at 1.eavala of sixty Y . e's IC,270 A A65 a 6 WA re top••il in removed, tfvei ens arnbl. toil chill be met AMe¢he5O1A, aR't•R Iv re exes6 a,ri�r1'v'ci5 _ 7; 3 arsldv for -•oprcaainn rain the excavated area. R n.'w'PS h wa RM,if I I 4 PM^a IP,.0 ITT•1,31Ua_1-a W"RI'IP1,A7. t 7. A portable rick crosier, concrete plant, ..nd an asphalt / ppAsb�- I>B9 AC A64 PPa6EID It--- - plant an. ',emitted with the _nrdlcioi that they shall be i oak* y3 I ,.- II is la to certify that the OwN of.o_nty Cmlcotaxra fele ••-•c, L BL ODES rest: Yt u' IV ki K t••d EzOa aoee[av9 w.•hln Phases VI, VII,VIII, IR,R, la,k.an �'�Y .,l redo loss..by caaflor aM adept th1¢ se by Special Is..we XI, an] I in order to ',retain reasonable distance _ pfrAW { 9 V!\AagE5 01x,1 S1arearda m rnn rd deecrlt°dthereon 111 t.B -ay cf 00between po_iaDln raCiliuos a:. "he residential uses to the r .rA Rarer I ra' p efk El Ircurnr._e- rp•ratnr stall furnish Coln. 4 ha 1e insured Q I I I IC - -- _ .7 •I a th• extent aof not loss t one hundred thousand dollar. I -, T- J., �a.. - (510C,aeO001 °gal t liability for any negligee[ r - - - - • Lon by rho oparat•.r from the operation o of n Smvn,8oart et my -nlc lr-nr Ow a,nd and grave.' pit, the extraction and production of . t and,and gravel II 1 all act1v1t1v3 connected with or pM„a pt0o 0& . pxAab$ leeidental hereto 1,91•56 Mr - 9. IS,.r-,lacan[shall°stain a 1 ] mar fie_ later 14.061 ae465 &siV Aw3 IL77l ACfel 8.533 Kph5' Atte.e, ill' Coe, ',patrol DSvleln. of C Colora.a Std_ Dearth IC-SWOP P� ,—y Merit �ry rcn a prior to discoarce[£van water into ' %ache la - _ s ° 7 ear A copy 'e ll E I Pem,t nail be ,--� q • forwarded to the Departii n of ar,i.. Services eV.a.ea wnerrest. —i '+� �^ �y,,,L;,, ' • a I 5dAtE tlew56 x�a 10 Thera shall rot be any -earg - any kite permitted ca within i_n ILtb6 Yleper d°ring extraction ld .. • i # r e¢ewwL�de Aa6Q hair ry . A a 1•+_ a. fill b--ts or stn:m 1.of sand nil]ravel shall be placed in tea flood ray 1 the C•cae La ...doe Rive_ ± R 1 {a(Y"•I I. 1 V aiT Mff PG4ipDMP1EDT b 911 eel tanks, asp-1e. -es, to-nor el'b-ildings "1 $ X d ° li ---,-01-.41",-.4.0„•7 — -attic - flooungariRall be C1 ,lot eiy mrc•r ,sRnaaw,doM1u.o+001 ing 11_ F.I. GOldMOI/f,0 ANI A77NATAf floe l-°roofer to aye 3 rcreati of heal,y -,rdy vT'.a "(0113 t. I V b boar �SEeetIeALY aKLfSi Rcl.wing -ncpletior 00 01•••n0,a all c,porary 0w+uanga �� 00011 0°hormOvnd 12. The acellcant 0.011 comply.to -ha a "'aide,by -ecfal "'aide Sec nn 24 5e , a 'n Old County Eon 5'.r Seance I 13 The opener''O 0.,.11 comply • a the"a--aloe S andards for Us es by Spacial Review,Bocci, 11 6 •0-3 and Section it 4 et seq ,of the Mold County zoning ordin are 14 Reproe0000t,no or members of the 1 Id Count• alth Department rd 1101d County Dope-- • Plannin, a shall bo - 'ed a sate at any r r_hacl'[Lame in order 0 acne onto c +ad oats o tl_ site eooply wits su Opeation i at.el hero., vm ail applicable noon'County Pc-gelation. 15. no Una by Special Review arca shall c 1 n ted t shown herein and governed by the L andar. - Ia t - r and all applleablo cold County Regulation Ay dal deviations from the plane and/or Standards a r at,'ed above shall require the approval of an c—and-eat of the Pemat by the°old County P arming Co-aaisaion and ahr and of County Commissioners before such changes from the area and/or Standards are permitted Any other changes shall be filed in the office of the Department of Planning Servvices AMENDED SUP 34585210 16 The property owner and/or operator of,Ran peration shall bo sesponv ible for complying with all of the above red tandards Someerpllence with any of the _Y tutee WALTER W.DOERINGSFELD, JR. Standard°may be reason for[vocation of the remit 03 000 — —---- Hoard°t ceancy co®iaaionara.e EX7RAGTI0N PLAN NAP IIg ..�I-M0111 SAND Si GRAVEL PRC0-. t - - - - II/N/1141 ."2.0P35, I--- E 1101 ROC 02041196 01/30/86 15 32 130 00 3/003 • P 0895 NARY ANN PEUER9TEIN CLERK A RECORDER WELD CO,CO , rs DOERINGSFELD, ARATAS AND ELLIOTT SPECIAL USE PERMIT LAND IN NE 1/4 9EC.9 MID NI/2 SEC.IO,"CS N., R.G5W.,6TH,P.M, WELD CO COLORADO RAurup_uaa= ..�� j naawww.o au e.o,r • 1. + • ® 0 11,LAk 8 539 ACRES OF WATER • • 6 1• _ " LAND"Ib eERECLAIMED RGRiL.uLTURAL• 530 ACRES O PRESENT SOILS ❑A9.,Ns Rsd A9amb,9,w+sq mas...,.a 8 D,e HC sand,loe.s D.=I penes,slope AMENDED SUP 345.85.10 WALTER W. DOERI 1 3Otl R6 INGSFELD, JR. RECLAMATION PLAN MAP 1' bst••s:S.RS: 111 SAND a GRAVEL PROP. /89 .A w,wa.4OFM4A 1�iiv 3 3 • RESOLUTION RE: APPROVAL OF AMENDMENTS TO SPECIAL USE PERMIT OPERATION STANDARDS, AND PHASING OF EXTRACTION PLAN FOR MS CORPORATION 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 31st day of July, 1985 , at the hour of 10 :30 a.m. in the Chambers of the Board for the purpose of considering the application of MS Corporation, 1933 East 16th Street, Greeley, Colorado 80631 , to amend Special Use Permit Operation Standards and phasing of the extraction plan for an open-cut mining permit, on the following described real estate, to-wit: Part of the SE4, Section 3 , NEB and W1 NE4, Section 10 , Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado WHEREAS, Section 24 .4 .2 of the Weld County Zoning Ordinance rovides standards for review of said Amended Special Use 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 the proposed Operation Standards and the phasing of the extraction plan be approved 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 Board of County Commissioners that the applicant for Amended Special Use Permit #345 has shown compliance with Section 24 .4 .2 et seq. , of the Weld County Zoning Ordinance as follows: a. The request is in compliance with the Weld County Comprehensive Plan and the Weld County Extraction Plan, Mineral Resources, Volume II. The Weld County area in question is located in a resource conservation area. The Weld County Extraction Plan states that extraction shall be encouraged in resource conservation areas, as long as appropriate 850389 r ` / % - P'Looly • - Page 2 RE: AMEND SUP OPERATION STANDARDS - MS CORPORATION extraction standards are followed. The proposal, with the amendments to Operation Standard #5 and #6 is consistent with the Comprehensive Plan policies which allow uses of an industrial nature to occur where the resources are available. b. The proposal is consistent with the intent of the agricultural district and does not interfere with any agricultural activities. The subject site is in close proximity to several residential uses and the Greeley Comprehensive Plan notes that the area should develop residentially. c. The Greeley Planning Commission has reviewed this proposal and found it to be in compliance with its Comprehensive Plan subject to recommendations as set forth in a letter dated March 19 , 1985 . d. The subject site is in a Flood Hazard Overlay District area. An Operation Standard 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 to amend Special Use Permit Operation Standards and phasing of the extraction plan for MS Corporation on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1 . The attached Operation Standards be adopted and placed on the Amended Special Use Permit plat prior to recording. 2 . The owner and/or operator shall be required to obtain all applicable building or electrical permits for SUP-345 :85 : 10 . The prescribed Amended Special Use Permit activity shall not occur until the Amended Special Use Permit plat has been recorded in the office of the Weld County Clerk and Recorder. • Page 3 RE: AMEND SUP OPERATION STANDARDS - MS CORPORATION 3 . The following note shall be placed on the Amended Special Use Permit plat: NOTE: The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities relating to mining and reclamation are, therefore, under the jurisdiction of the Mined Land Reclamation Board; however, Weld County has jurisdiction of those matters outlined in the Operation Standards. 4 . The applicant shall make application to the Division of Water Resources for a well permit prior to extracting sand and gravel from the subject site. A copy of the application shall be delivered to the Department of Planning Services. 5 . The owner and/or operator shall correct the Amended Special Use Permit plat to show the greenbelt area as required by Operation Standard #2 , prior to recording the plat. 6 . The owner and operator shall submit the following plans to the Weld County Engineering Department. The plans shall be approved by the Engineering Department and a copy presented to the Department of Planning Services prior to mining any sand and gravel: a. Plans for construction of the proposed access road. b. Plans for dust abatement on the two access roads as shown on the amended Special Use Permit plat. c. The principal access and secondary access roads shall be identified on the Amended Special Use Permit plat prior to recording. In the event that the dust abatement program has been determined to be ineffective by the Weld County Engineer, the affected access road (s) shall not be used as sand and gravel truck haul route (s) and the owner and/or operator shall be required to submit a plan for paving the affected access road(s) . The Weld County Engineer shall approve the paving plan and the plan shall be implemented before the access route (s) can be used as sand and gravel truck haul route (s) . The dust abatement Page 4 RE: AMEND SUP OPERATION STANDARDS - MS CORPORATION program shall comply with all State and Federal Regulations. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 31st day of July, A.D. , 1985 . BOARD OF COUNTY COMMISSIONERS ATTEST 1110 WELD COUNTY, COLORADO U Weld County Clerk and Recorder and Clerk to the Board 6tcg line J hnson, Chairman EXCUSED BY: Gene R. Brantner, Pro-Tem D putt' County Clerk APPROVED AS TO FORM: C.W. �1� Gd � cy County Attorney 70/ � F ank Ya guc • OPERATION STANDARDS MS Corporation Amended SUP-345 :85 :10 1 . The uses permitted on said described parcel shall be the extraction of gravel as described in the approved application materials for SUP-345 :77: 19 on file with the Department of Planning Services. 2. A greenbelt shall be planted and maintained along the entire length of the southern boundary. The greenbelt shall be a minimum of ten feet in width. The greenbelt shall consist of two parallel rows of trees acceptable to the Department of Planning Services. The trees shall be a minimum two feet in height at the time of planting. The entire greenbelt shall be planted by the 1986 spring planting season, identified as between April 15 and May 30 , 1986 . The owner or operator does not have to plant those areas along the greenbelt which have been determined by representatives of the Greeley Soil Conservation District as unsuitable for planting. 3 . Existing trees located in the greenbelt shall be preserved and incorporated into the greenbelt. 4. The owner and/or operator shall only utilize the access roads from the Amended Special Use Permit area to East 16th Street as shown on the recorded plat. The secondary access road shall be used for hauling sand and gravel only in the event the main access road is not passable. 5. A six foot chain link fence shall be erected and maintained at the following locations prior to extraction of any sand and gravel: a. The eastern boundary of Phases VI and VII . b. The southern boundary of Phases VII, IX, X and XII (except the McNamera property which shall be fenced by 4-strand barbed wire) . c. The western boundary of Phases XII, XIII and XIV. Signs stating "No Trespassing" shall be posted and maintained on the chain link fence at intervals of sixty feet. 6. Where topsoil is removed, sufficient arable soil shall be set aside for respreading over the excavated area. • 7. A portable rock crusher, a concrete plant, and an asphalt plant are permitted with the condition that they shall be restricted from locating within Phases VI, VII, VIII, IX, X, XI, and XII in order to maintain a reasonable distance between portable facilities and the residential uses to the south. 8. Insurance - The operator shall furnish evidence he is insured to the extent of not less than on hundred thousand dollars ($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, the extraction and production of sand and gravel, and all activities connected with or incidental thereto. 9. The applicant shall obtain a N.P.D.E.S. Permit from the Water Quality Control Division of the Colorado State Health Department prior to discharge of any water into the Cache La Poudre River. A copy of the N.P.D.E.S. Permit shall be forwarded to the Department of Planning Services. 10 . There shall not be any dumping of any kind permitted within the Special Use Permit area either during extraction or during reclamation. 11 . All operation on said described parcel shall be in conformance with the Weld County Flood Hazard Overlay Regulations including: a. No fill, berms or stockpiles of sand and gravel shall be placed in the floodway of the Cache La Poudre River. b. All fuel tanks, septic tanks, temporary buildings, and other hazardous items that might wash away during flooding shall be securely anchored and adequately flood-proofed to avoid creation of a health hazard. Following completion of mining, all temporary buildings shall be removed. 12 . 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. 13. The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24. 6 et eq. and Section 44.4 et seq. , of the Weld County Zoning Ordinance. 14 . 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 reasobale time in order to insure the operations carried out on the site comply with the Operation Standards stated herein and all applicable Weld County Regulations. 15 . The Use by Special Review area shall be limited to the plans shown herein 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 Serivces. 16 . 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. t R BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Doug Graff 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: Amended SUP-345:85:10 NAME: MS Corporation ADDRESS: 1933 East 16th Street, Greeley, Colorado 80631 REQUEST: Amend Operation Standards 3, 5, 6, and 7, and phasing of the extraction plan for an open-cut mining permit. LEGAL DESCRIPTION: Part of the SEA, Section 3, NE4 and the WZ NEB, Section 10, all in T5N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: East of the City of Greeley; north of 16th Street and west of Fern Avenue. The applicant is requesting amendments to Operation Standards 3, 5, 6, 7, and the phasing of the Extraction plan for approved SUP-345:77:19. The Weld County Planning Commission is recommending approval of proposed Operation Standards 5, 6, and the proposed phasing of extraction plan. The Planning Commission is recommending denial of proposed Operation Standards 3, and 7. The Planning Commission recommends that proposed Operation Standards 5 and 6 be approved for the following reasons: 1. The submitted materials are in compliance with 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 Planning Commission that the applicant for Amended Special Use Permit #345 has shown compliance with Section 24.3.1 et seq. of the Weld County Zoning Ordinance as follows: - Amended SUP-345:85: 10 MS Corporation May 21, 1985 Page 2 - This request is in compliance with the Weld County Comprehensive Plan and _the Weld County Extraction Plan, Mineral Resources, Volume II. The Weld County area in question is located in a resource conservation area. The Weld County Extraction Plan stated that extraction shall be encouraged in resource conservation areas, as long as appropriate extraction standards are followed. The proposal, with the amendments to Operation Standard numbers 5 and 6 is consistent with the Comprehensive Plan policies which allow uses of an industrial nature to occur where the resources are available; The proposal is consistent with the intent of the agricultural district and does not interfere with any agricultural activities. The subject site is in close proximity to several residential uses and the Greeley Comprehensive Plan notes that the area should develop residentially. - The Greeley Planning Commission has reviewed this proposal and found it to be in compliance with its Comprehensive Plan subject to recommendations as set forth in a letter dated March 19, 1985. - The subject site is in a Flood Hazard Overlay District area. An Operation Standard addresses this concern; and - Use by Special Review Operations and Design Standards provide adequate protection of the health, safety, and welfare of the neighborhood and County. 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 owner and/or operator shall be required to obtain all applicable building or electrical permits for SUP-345:85:10. Amended SUP-345:85: 10 MS Corporation May 21, 1985 Page 3 The prescribed amended Special Use Permit activity shall not occur until the amended Special Use Permit plat has been recorded in the office of the Weld County Clerk and Recorder. 3. The following note being placed on the Use by Special Review Plat: NOTE: The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities relating to mining and reclamation are, therefore, under the jurisdiction of the Mined Land Reclamation Board; however, Weld County has jurisdiction of those matters outlined in the Operation Standards. 4. The applicant shall make application to the Division of Water Resources for a well permit prior to extracting sand and gravel from the subject site. A copy of the application shall be delivered to the Department of Planning Services. 5. The owner and/or operator shall correct the amended Special Use Permit plat to show the green belt area as required by Operation Standard number 2, prior to recording the plat. 6. The owner and operator shall submit the following plans to the Weld County Engineering Department. The plans shall be approved by the Engineering Department and a copy presented to the Department of Planning Services prior to mining any sand and gravel: (A) Plans for construction of the proposed access road; and (B) Plans for dust abatement on the two access roads as shown on the amended Special Use Permit plat. In the event the dust abatement program has been determined to be ineffective by the Weld County Engineer, the access roads shall not be used as sand and gravel truck haul routes and the owner and/or operator shall be required to submit a plan for paving the two access roads. The Weld County Engineer shall approve the paving plan and the plan shall be implemented before the access routes can be used as sand and gravel truck haul routes. The dust abatement program shall comply with all State and Federal Regulations. Amend SUP-345:85: 10 MS Corporation May 21, 1985 Page 4 The Planning Commission recommends that proposed Operation Standards 3, and 7 be denied for the following reasons: 1. The Weld County Comprehensive Plan states that development occurring adjacent to an existing incorporated town shall be in accordance with the Comprehensive Plans and stated wishes of that community. In letters dated May 29, 1985, and April 26, 1985, the Greeley Planning Commission has designated the future development in the area along East 16th Street to be primarily residential in nature. It was requested that the landscaping greenbelt along the south boundary be completed at this time to provide a visual and sound buffer between the surrounding residential land uses and the gravel pit. To the south of this site are two subdivisions (Rainbow Acres and Brady Subdivision) and numerous other small parcels. Approximately forty to fifty residences are within one-fourth mile of the subject site. The greenbelt would provide a measure of compatibility between the subject site and this residential area. 2. The Greeley Planning Commission recommended that the original phasing plan as approved by SUP-345:77: 19 be retained because the mining along the southern boundary of the subject Special Use Permit area will enable these areas to be reclaimed at an earlier date. This will allow greater compatibility with the surrounding residential land uses. The Department of Planning Services staff supports the original phasing plan for the same reasons as the Greeley Planning Commission. 3. The Greeley Planning Commission and the Greeley Soil Conservation Service both support the Department of Planning Service's staff recommendation to deny proposed Operation Standard 7. The fencing of each phase should be maintained in order to assure the safety of existing and future surrounding residents, particularly children. Currently, all mining operations in North Greeley operate under the same regulations concerning fences. Amended SUP-345:85:10 MS Corporation May 21, 1985 Page 5 Motion seconded by Louis Rademacher Vote: Doug Graff Paulette Weaver Louis Rademacher Jack Holman Sharon Linhart 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 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 May 21, 1985, and recorded in Book No. IX of the proceedings of the said Planning Commission. Dated the 22nd day of May, 1985 Bobbie Good, Secretary I Amended SUP-345:85:10 MS Corporation May 21, 1985 Page 5 Motion seconded by Louis Rademacher Vote: Doug Graff Paulette Weaver Louis Rademacher Jack Holman Sharon Linhart 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 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 May 21, 1985, and recorded in Book No. IX of the proceedings of the said Planning Commission. Dated the 22nd day of May, 1985 6101(5.4 Bobbie Good, Seclretary RESOLUTION OF THE WELD COUNTY PLANNING COMMISSION Moved by Doug Graff that the following resolution be introduced for passage by the Weld County Planning Commission. 1. CASE NUMBER: Amended SUP-345:85:10 APPLICANT: MS Corporation REQUEST: Amendment of Operation Standards 3, 5, 6, and 7 of SUP-345 (an open-cut mining permit.) LEGAL DESCRIPTION: Part of the SEA, Section 3, the NEB, Section 9, the NWT and the W1 NE14, Section 10, all in T5N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: East of the city of Greeley; north of 16th Street and west of Fern Avenue. Be it therefore resolved by the Weld County Planning Commission that the following be adopted: That the above case for MS Corporation be continued until the regularly scheduled meeting of the Weld County Planning Commission to be held on May 7, 1985, at 1:30 p.m. to allow the Department of Planning Services staff time to advertise the request properly. -- - - ?_here_ _ ciiv'ce ltaa7n� V Motion seconded by Stephen Hamilton. 1//' SUP?yr Vote: For Passage Against Passage Paulette Weaver Doug Graff Lydia Dunbar Stephen Hamilton Louis Rademacher Jack Holman Sharon Linhart The Chairman declared the motion passed and ordered tha rtified copy of the Resolution be placed in the file of this case for further proceedings. CERTIFICATION OF COPY I, Bobbie, 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 April 16, 1985. and recorded in Book No. IX of the proceedings of the said Planning Commission. Dated the 18th day of April, 1985. Bobbie Good Secretary v. SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING May 21, 1985 A regular meeting of the Weld County Planning Commission was held on May 21, 1985, in the County Commissioners' Hearing Room, Weld County Centennial Building, 915 Tenth Street, Greeley, Colorado. The meeting was called to order by the vice-chairman, Sharon Linhart, at 1:30 p.m. Tape 202 - Side 1 ROLL CALL Lydia Dunbar Absent - Called in Doug Graff Present Paulette Weaver Present Stephen Hamilton Absent - Called in Bill McMurray Absent - Called in Louis Rademacher Present Jack Holman Present Sharon Linhart Present Bob Ehrlich Absent - Called in Also present: Rod Allison, Current Planner II, Gloria Dunn, 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 May 7, 1985, was approved as distributed. The Chairman announced Case Number Amended USR-542:85: 16 for Associated Natural Gas, Inc. , for expansion of a natural gas plant was originally scheduled for this date. In order to advertise this request properly the case has been rescheduled by the Department of Planning Services staff to be heard on June 4, 1985. She asked if there was anyone present in the audience to hear this case. There was no one. 1. CASE NUMBER: S-246:85:3 APPLICANT: Texaco Refining and Marketing, Inc. REQUEST: Minor Subdivision LEGAL DESCRIPTION: Part of the E1 NE4 of Section 10, T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Southwest corner of State Highway 119 and Interstate 25. APPEARANCE: Bob Burkman, Texaco, represented the applicant. He reported they have reviewed the staff's comments and conditions and have no objection to anything as outlined. He distributed pictures to the members of the Planning Commission on what the Texaco-McDonald's buildings, signs, and landscaping will look like. A copy was retained by the staff as evidence. Summary of the Weld County Planning Commission Meeting March 21, 1985 Page 2 Texaco will be on the north lot, McDonald's in the second lot where the truck stop used to be, and the third lot is the sewage treatment plant which they will update. Jim Edwards, Registered Engineer, explained 'their plans for the sewage treatment plant. Previously waste oil from the truck stop entered the treatment plant. The updated plant will receive very little grease and oil. There will no longer be facilities for greasing and lubricating of vehicles, and the oil and grease used by McDonald's will be disposed of by very sophisticated equipment. The Chairman called for discussion from the audience. There was none. The Chairman asked that reading of the staff's comments and conditions be dispensed with and that they be filed with the summary as a permanent record of these proceedings. MOTION: Doug Graff moved Case Number S-246:85:3 for Texaco Refining and Marketing, Inc. , for a minor three lot subdivision be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendations and conditions as outlined by the Department of Planning Services staff and the testimony heard by the Planning Commission. Motion seconded by Paulette Weaver. 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. Doug Graff - yes; Paulette T1eaver - yes; Louis Rademacher - yes; Jack Holman - yes; Sharon Linhart - yes. Motion carried unanimously. 2. CASE NUMBER: Amended SUP-44:85:17 APPLICANT: Morning Fresh Farms REQUEST: Expand Commercial Egg Production Complex LEGAL DESCRIPTION: WZ of Section 15, T3N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 22 miles east of Platteville; east of Weld County Road 31 and north of Weld County Road 32. f Summary of the Weld County Planning Commission Meeting May 21, 1985 Page 3 APPEARANCE: Tom Whiting, Production Manager, Morning Fresh Farms, represented the applicant. He stated they want to expand their Special Use Permit to keep up with the expanding operation. Their Special Use Permit allows them to have seven hundred and forty thousand birds. They current have seven hundred thirty-three thousand birds. The want to be able to expand to two million birds within the next ten years. They also wish to expand the building to a total of forty-four. He also explained the manure dehydration plant. The dehydrated chicken manure is used as a by-product. The Chairman asked Mr. Whiting if he had reviewed the recommendations, conditions, and operation standards as outlined by the Department of Planning Services staff. He presented the Planning Commission with a copy of the Soil Conservation recommendations. This was retained as evidence. The Chairman asked Gloria Dunn to read the recommendations, conditions, and operation standards, as outlined by the Department of Planning Services staff into the record. The Chairman called for discussion from the audience. There was none. MOTION: Paulette Weaver moved Case Number Amended SUP-44:85: 17 for Morning Fresh Farms to expand a commercial egg production complex be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendations, conditions, and operation standards as outlined by the Department of Planning Services staff and the testimony presented by the applicant. Motion seconded by 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. Doug Graff - yes; Paulette Weaver - yes; Louis Rademacher - yes; Jack Holman - yes; Sharon Linhart - yes. Motion carried unanimously. 3. CASE NUMBER: Amended SUP-345:85: 10 APPLICANT: MS Corporation REQUEST: Amend Operation Standards 3,5,6 & 7 and phasing of the extraction plan for open-cut mining. LEGAL DESCRIPTION: Pt. SEA of Section 3, NE1 of Section 9, NWT and WZ NE% of Section 10, all in T5N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: East of the City of Greeley; north of 16th Street and west of Fern Avenue. 'v Summary of the Weld County Planning Commission Meeting May 21, 1985 Page 4 APPEARANCE: Mike Miller, President, MS Corporation, reported they obtained a twenty-five year lease on this property in October, 198_4, and they reviewed the Use by Special Review Permit and decided the standards do not conform with the way they wish to operate the gravel pit. Therefore, they have asked for amendments to some of the standards and the extraction phasing plan. Rod Allison summarized the changes requested by the applicant to Operation Standards 3, 5, 6, and 7, and the extraction phasing plan. The staff is recommending approval of Operation Standards 5 and 6. The Chairman asked Rod Allison to read the recommendations, conditions, and operation standards as outlined by the Department of Planning Services staff into the record. Tape 202 - Side 2 Mr. Miller stated he felt the new access road is much safer the access which is now being used. He felt the request for the greenbelt area and the chain-link fencing are excessive. He has reviewed other gravel pits in the County and the requirements for greenbelt and fencing do not conform with what he has been asked to do. The area where the greenbelt is proposed is leased for pasture and grazing and would not be available to be used because of the present lease. He felt because the property is in a flood plain fencing of the property would allow debris to be caught along the fence and the fence would be washed away. He has no objections to fencing the front of the property from where they enter. The houses in the area already have fences along the back of their property. The properties in this area are all small acreages. He did not feel fencing the property would keep children out if they really wished to obtain access to the property. Lee Morrison reported the burden of proof concerning an attrac=ive nuisance is on the applicant and it is the applicant's responsibility to take proper safety precautions. The Chairman called for discussion from the audience. Hans Meyer, surrounding property owner, reported they have no quarrel with the Department of Planning Services staff recommendations; however, he felt a fence is a must for the protection of the children in the neighborhood. Summary of the Weld County Planning Commission Meeting May 21, 1985 Page 5 Tape 203 - Side 1 Mamie Johnson, surrounding property owner, reported on a high voltage electric line which runs through this property. She also inquired if the lake would be public or private. Kenny Anderson, Anderson Salvage, stated that to his knowledge no one has ever tried to climb over their fence around the salvage yard. He felt it is silly to fence each phase of the gravel operation. The fence would become logged with debris and wash away. However, he did feel fencing around the perimeter of the property was a must. Della Sorenson, surrounding property owner, inquired about the location of the fences. Ray Johnson, surrounding property owner, asked where the maintenance and repair of the trucks would be. Mr. Miller reported the gravel pit has been in operation since 1948, long before most of the houses were erected in this area. The lake will be private. The property is currently leased by the American Sportsman Club and is posted. If the Board of County Commissioners want to pave East 16th Street MS Company will supply the sand if the County will do the rest. There will be a shop building and a manager's trailer on the property. Both will be in a well screened area. MOTION: Paulette Weaver moved Condition #7, last paragraph be amended to read as follows: 7. In the event the dust abatement program has been determined to be ineffective by the Weld County Engineer, the access road shall not be used as and and gravel truck haul routes and the owner and/or operator shall be required to submit a plan for paving the two access roads. The Weld County Engineer shall approve the paving plan and the plan shall be implemented before the access routes can be used as sand and gravel truck haul routes. The dust abatement program shall comply with all state and federal regulations. Summary of the Weld County Planning Commission Meeting May 15, 1985 Page 6 And Operation Standard #2 shall read as follows: 2. A greenbelt shall be planted and maintained along the entire length of the southern boundary, except those areas not suited for planting as determined by representative of the Greeley Soil Conservation District (i.e. , marshy ground) . The greenbelt shall consist of two parallel rows of trees. The southernmost row shall contain Rocky Mountain Junipers planted eight feet (8') apart. The northernmost row shall contain native plum trees and Russian Olive trees, on an alternating basis eight feet (8') apart. The entire greenbelt shall be planted within thirty (30) days of approval by the Board of County_Commissioners. Motion seconded by Jack Holman. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the members of the Planning Commission for their decision. Motion carried unanimously. The fencing request was discussed by the members of the Planning Commission. Rod Allison stated the staff interpreted this request to be either round the perimeter of the property or each individual phase which ever way the applicant preferred fencing the property. MOTION: Paulette Weaver moved Condition #5 be deleted. Motion seconded by Louis Rademacher. The Chairman called for discussion from the members of the Planning Commission. Discussion followed regarding the phasing plan of the original permit and the new proposed phasing plan. The Chairman called for the decision of the Planning Commission. Jack Holman voted against this proposal because the Greeley Planning Commission and the Weld County Department of Planning services has reviewed this request and he agrees that the southernmost end should be mined first. He feels each phase should be fenced individually and when the land is reclaimed the fence can be taken down except for around the perimeter of the property. • Summary of the Weld County Planning Commission Meeting May 21, 1985 Page 7 MOTION: Doug Graff moved the submitted plat be renumbered the show the new extraction phase plan. Motion seconded by Louis Rademacher. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman called for the decision of the Planning Commission. Motion carried with four voting for the amendment and one voting against the amendment. Jack Holman voted against this amendment for the reasons he outlined above. MOTION: Paulette Weaver moved Amended SUP-345:85: 10 for MS Corporation be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval of Operation Standards #5, and 6, and the proposed phasing of the extraction plan based upon the recommendations, conditions, and operation standards as outlined by the Department of Planning Services staff and the testimony heard by the Planning Commission. Motion seconded by Doug Graff. The Chairman called for discussion from the members of the Planning Commission. Operation Standards #10 in reference to dumping was discussed. Lee Morrison defined the meaning of solid waste disposal vs processing. No further action on Operation Standard #10 was taken. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Doug Graff - yes; Paulette Weaver - yes; Louis Rademacher - yes; Jack Holman - yes; Sharon Linhart - yes. Motion carried unanimously. The meeting was adjourned at 3:45 p.m. Respectfully submitted c3\o0a Bobbie Good Secretary r SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING April 16, 1985 A regular meeting of the Weld County Planning Commission was held on April 16, 1985, at 1:30 p.m. in the County Commissioners' Hearing Room 915 Tenth Street, Greeley, Colorado. The meeting was called to order by the chairman pro tem, Sharon Linhart. Tape 1198 - Side 1 ROLL CALL Lydia Dunbar Present Doug Graff Present Paulette Weaver Present Stephen Hamilton Present Bill McMurray Absent - Called in Jack Holman Present Louis Rademacher Present Sharon Linhart Present Bob Ehrlich Absent - Called in Also present: Michael S. Mullen, 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 April 2, 1985, was approved as distributed. CASE NUMBER: Amended SUP-345:85: 10 APPLICANT: MS Corporation REQUEST: Amendement of Operation Standards 3, 5, 6, and 7 of SUP-345 (an open-cut mining permit.) LEGAL DESCRIPTION: Part of the SEA, Section 3, the NEB, Section 9, the NW1 and the W1 NE4, Section 10, all in T5N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: East of the city of Greeley; north of 16th Street and west of Fern Avenue. Michael Mullen reported this request has been continued because it was not advertised properly. It is the Department of Planning Services staff recommendation that this request be heard at the next regularly scheduled meeting of the Planning Commission set for May 7, 1985. MOTION: Doug Graff moved Case Number Amended SUP-345:85: 10 be continued until the next regularly scheduled meeting of the Weld County Planning Commission to be held on May 7, 1985, at 1:30 p.m. Motion seconded by Stephen Hamilton. 4 y Summary of the Weld County Planning Commission Meeting April 16, 1985 Page 2 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. CASE NUMBER: USR-672:85: 11 APPLICANT: Challenger Gravel Pit #1 REQUEST: A Use by Special Review Mining Permit for a wet, open-cut sand and gravel operation. LEGAL DESCRIPTION: Part of the NWT, and part of the NE14 SW1/4, Section 29, T5N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately two (2) miles north of Johnstown; south of Weld County Road 54 and west of Weld County Road 15-1/2. APPEARANCE: Gilbert Rindahl, P.E. , represented the applicant. This request is for an open-cut gravel mine. This will be a small operation. The applicant plans to mine about two and one-half acres per year. There will only be, on an average, approximately twelve truck loads per day. This land will be mined in four stages and the mined land will be reclaimed as the work progresses. The first stage would last about ten years, and stages two, three, and four will take about eighteen years to complete. Topsoil will be saved and will be used for reclamation. The phase 2 pond will be in the Big Tompson River to help with flood control. The Corps of Engineers feels this will help stabilize the river bed. Union Pacific and Great Western Railroads run through this property. They were concerned about mining close to their tracks, but after meeting with them they have no objections to this proposal because the mining will primarily be in the river bed and not close to their tracks. The Division of Wildlife felt the initial phase would perhaps have some affect on the wildlife in the area, but after reclamation has taken place wildlife should return to this area. Twenty-eight years is the expected life of this project and it will then be a wildlife preserve that is privately owned. Road maintenance has been discussed with the engineering department. The Chairman called for discussion from the audience. Roger Amundson, adjacent property owner to the north on Weld County Road 15-1/2 and State Highway 54, reported he had reviewed the application and he would like to know which direction they plan to haul the gravel out. He is opposed to this request if the primary haul route will be on Weld County Road 15-1/2 and the mining operation will be directly behind his house. r % Summary of the Weld County Planning Commission Meeting April 16, 1985 Page 3 Maurice Boney, representing Tollgate Farms and his own interests, is against the dust and traffic. If it is mined he would like to see it mined slowly and reclaimed as work progresses. Mrs. Maurice Boney is in opposition to this request because of the dust the mining operation will create. Tape 199 — Side 1 The Chairman asked Michael Mullen to read the recommendations, Conditions, and Operation Standards, as outlined by the Department of Planning Services staff into the record. The staff amended Operation Standards #3 and #4 to read as follows: 3. "Vehicular traffic shall ingress and egress onto Weld County Road 54 as shown on the submitted use by Special Review plat. The haul route shall be primarily from the point of ingress and egress west to 1-25. 4. The operator shall complete a road maintenance and improvements agreement with Weld County, and upgrade Weld County Road 54 to the specifications outlined by the Board of County Commissioners prior to extraction of sand and gravel from the Use by Special Review area and continue to comply with the terms of the agreement until final cessation of the mining activities." Gilbert Rindahl stated there should not be a big problem with dust abatement because most of the mining operation will be right around the river. Summary of the Weld County Planning Commission Meeting April 16, 1985 Page 4 MOTION: Jack Holman moved Case Number USR-672:85: 11 for Challenger Gravel Pit #1 be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendations, conditions, and operation standards, as amended by the Department of Planning Services staff, and the testimony heard by the Planning Commission. A mine of this type is really a first priority even if it does have some negative effects on the surrounding neighbors, but no more than the applicant plans to mine in a year's time with reclamation following immediately the negative impacts should not be too bad. Motion seconded by 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 =he Planning Commission for their decision. Paulette Weaver - yes; Doug Graff - no; Lydia Dunbar - yes; Stephen Hamilton - yes; Louis Rademacher - yes; Jack Holman - yes; Sharon Linhart - yes. Motion carried with six vcting for the motion and one voting against the motion. CASE NUMBER: Z-419:85:5 APPLCIANT: Pine Lake Village REQUEST: Change of Zone from Agricultural to R-5 (Mobile Home Residential) LEGAL DESCRIPTION: Part of the NW%, Section 17, T7N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately six (6) miles north of Windsor; south of State Highway 14 and east of Weld County Road 15 APPEARANCE: Thomas E. Hellerich, attorney, represented the applicant. He asked that the chairman allow the staff to read their recommendations intc the record before proceeding. Since the staff's recommendation is for den'_al they will then know which problems they need to address. The Chairman asked Michael Mullen to read the recommendations of the Department of Planning Services staff into the record. a � Summary of the Weld County Planning Commission Meeting April 16, 1985 Page 5 Mr. Hellerich stated it is his feeling that the zoning is incorrect on this land. This request is for a Change of Zone to R-5. This will be a two stage process: a change of zone request and a final plat. But at the initial change of zone request they are not required to show exactly what they plan to do. This request is in compliance with Weld County Comprehensive Plan because this land is not prime agricultural land; The Soil Conservation Service implies this land should be taken out of farmland. It has not been farmed for twenty-five years, until last year, but it was not a productive venture. There is no water available to irrigate this land. Tt is surrounded by irrigated farmland and pasture land. To the west the land has been broken into smaller parcels. The development of this area has changed and is no longer primarily agricultural. The mobile home park is already in this area. They are just asking to update and upgrade it. The services are already there. The water company wants the addition consumers. The Poudre Valley Electric Company is already there, they also want additional consumers. The school district and the fire district have no objections to this request. They are not asking the County for any additional services as the services which would be needed are already available to this area. The Comprehensive Plan states if new services are required a development should not go into an area, but these services are already there. Mr. Carlson applied for an extension of a nonconforming use to enlarge this mobile home park. The Board of County Commissioners asked that he come back with a change of zone request rather than enlarging a nonconforming use. Mike Ketterling, Norton, Underwood, and Lamb, reported the Carlson's have one hundred seventeen acres, but they want to change the zoning on only Seventy-five acres which is really unfarmable. They plan to have spaces for two hundred and twelve mobile homes. The streets and rights-of-ways have been planned. The sewer system is extremely outdated and they plan a sewer tertiary treatment plant for the mobile home park and other residents in the neighborhood who would like to hook onto this system. The mobile homes on this property will be rented. Therefore, if anything is contrary to what should be done the Carlson's are the only ones who will be responsible. He also discussed seepage and drainage of the property. Tape 199 - Side 2 Tom Norton, P.E. , Norton, Underwood, and Lamb, reported the utilities are already available with the exception of the sewer. The sewer treatment plant will be large enough to take in some of the other residents in the area. 4 Summary of the Weld County Planning Commission Meeting April 16, 1985 Page 6 Don Carlson, property owner, reviewed his background in managing mobile home parks. He is licensed in wastewater treatment and would be able to manage the sewer treatment plant. He stated has cleaned up Pine Lake Village since he purchased it. He plans to improve the park slowly, fifty units at a time, and to allow five or six years to complete the project. Many of the older parks are not able to handle double-wides, and there is a severe shortage of mobile home spaces in Weld County. There are a lot of people who cannot afford conventional housing, but they can afford a mobile home. They may not be able to afford land to put a factory built home on, but they can afford to rent in a mobile home if the rents are reasonable. In areas close to an existing town the cost of installing sewer, water, and other utilities may be so expensive the rent on these lots becomes prohibitive for the average owner. Pat Carlson, property owner, gave a tenant and park profile of the thirty-four spaces they now have in Pine Lake Village. Clay Strong, Manufactured Housing Association, reported they are in need of a controlled area for the new larger mobile homes. The Carlsons are capable of handling a mobile home park of this size. Connie Wesson, Manager, Country Estates Home Park stated she gets three to four calls per day regarding availability of spaces in the area. People tend to buy a mobile home first, and then they go out and look for a place to park it. L. C. Brown, Executive Director, Manufactured Homes, reported spaces for manufactured homes have been hard to find because there are just not enough mobile home parks to take care of them and many of the older mobile home parks have spaces that are too small to accommodate the newer, larger manufactured homes. Rick Goodall, realtor, Fort Collins, felt many people are tarrying old prejudices about mobile homes and mobile home people. The Carlson's are doing a good job of running a clean, attractive mobile home park. John Sullivan, resident, Pine Lake Village, stated he has a lot of faith in the Carlsons. They have done an excellent job of cleaning up this area and making it a first class mobile home park. Betty Chacon, surrounding property owner, reported for herself and the Kenneys. She presented a letter from the Kenneys to the Planning Commission. This was retained as evidence. She feels mobile home parks should be closer to the city. She objects to this proposal and feels this many mobile home units in their area would cause their property to depreciate. She also noted that her property is irrigated pasture. Summary of the Weld County Planning Commission Meeting April 16, 1985 Page 7 Nels Nelson, Cactus Hill Ranch, adjoining property owner, spoke in support of this request. Tape 200 - Side 1 Kenneth Nelson, Cactus Hill Ranch, adjoining property owner, spoke in support of this request. He felt there are not enough mobile home spaces in Weld County, and especially not enough spaces to handle the new larger homes. When a mobile home park is put into a city or adjacent to a city the cost of buying water and sewer taps can make the rent prohibitive. Art Clark, surrounding property owner, stated Mr. Carlson_ has improved this property so much it is now an asset to their community. Tom Hellerich asked the Planning Commission to keep in mind, this request is just for a change of zone from agricultural to residential-five and if the application is approved they will need to come back to the Planning Commission and the Board of County Commissioners with final plans. MOTION: Paulette Weaver moved Case Number Z-419:85:5 for Pine Lake Village for a Change of Zone from Agricultural to R-5 (mobile home residential) be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for denial based upon the recommendations of the Department of Planning Services staff, the belief that even though she can see that the Carlsons are recommending a quality park, yet there are some reals concerns from the people who live in he area. The need in general has been demonstrated, but the need in this particular site has not been demonstrated. We would set a president that would in the long term be detrimental to most people. It has not been shown that the zoning, is in fact, is faulty. There are many reasons not to allow this kind of development, not because it is mobile home, but because it is residential development so far out in the County. Motion seconded Stephen Hamilton. 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. Paulette Weaver - yes; Doug Graff - No, because based on some of the testimony heard that there is a definite need for the mobile home park. There is testimony that it can be compatible with the agricultural area. The utilities situation can be worked out. They have proposed a sewer district and there are provisions that can be worked through. Therefore he feels the request should be approved. Basically, he feels we on the Planning Commission are somewhat short sighted in our views. r , Summary of the Weld County Planning Commission Meeting April 16, 1985 Page 8 We are in a very fast changing community, particularly the agricultural community and he is not sure that we are looking at the fact that change is taking place. Lydia Dunbar - yes; Louis Rademacher - no; Jack Folman - Yes, he has to agree with Paulette Weaver's statement, plus the fact that the standards which the Planning Commission uses for a change of zone out of the six items he comes up with four no's and two others are questionable. His main concern is setting a precedence. When he looks back over the things that have been done over the past five or six years, or even lorger ago than that, opening an area such as this to this type of zoning once it starts there is not way it can be controlled. Stephen Hamilton - Yes, he has lived out in the country on a small acreage and he has seen the proliferation of what happens to areas when you allow something of this magnitude to come in. It does help to destroy the country atmosphere. Sharon Linhart - Yes, she does echo the thoughts of some of her fellow commissioners. It is with mixed emotions that she votes yes to deny this change of zone. She finds that there are some changing conditions at this site. She feels that the applicant has demonstrated that they understand how to run a quality operation. Her concern is what Jack has mentioned, once we change the zone we cannot go back, we can't reclaim it as agricultural or anything else at that point. She has notice that the applicant has come in and redone some things, but she is not convinced that the Carlson's will remain there and operate it forever. If she thought they would she would probably feel differently. Motion carried with five voting for the motion and two voting against the motion. The Chairman called a recess at 3:55 p.m. The meeting was reconvened at 4:05 p.m. CASE NUMBER: USR-671:85:9 APPLICANT: Alice Pehr (Larry Scott) REQUEST: A Use by Special Review Permit for a farm equipment repair shop LEGAL DESCRIPTION: Part of the SW1, Section 1, T1N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: One (1) mile west of Fort Lupton; south of State Highway 52 and east of Weld County Road 23 APPEARANCE: Larry Scott, applicant, reported he currently works for Sakata Farms repairing their farm machinery and he wants to go into business for himself doing the same thing for farmers in the area. He would like to construct a forty by fifty metal shop building with one bay on this site to work on Summary of the Weld County Planning Commission Meeting April 16, 1985 Page 9 equipment that is brought into him and to work on equipment in the winter time and to store his tools and equipment in. A lot of his business will consist of field calls and he will repair the equipment in the fields. Access from this property will be onto Highway 52 and the Colorado Department of Highways did not feel an access permit would be needed because of the low volume of business that would be entering. Nothing will be stored on the property on the outside except equipment waiting for repair parts. The chairman called for discussion from the audience. Don Wattenberg, surrounding property owner, spoke in opposition to this request. Gerald Drieling, surrounding property owner, spoke in opposition to this request. He felt it should go into a industrial area in Fort Lupton. Mrs. Don Wattenberg spoke against this request. Tape 200 - Side 2 Verna Drieling, surrounding property owner, spoke in opposition to this request. Theresa Scott, applicant, spoke in support of this request. Mary Leinweber, surrounding property owner, spoke against this request. She felt the shop would detract from the area and should be in an industrial park in Fort Lupton which is only about three miles away. Michael Mullen reported the intent is to allow Mr. Scott to have an agribusiness rather than having a change of zone. The Chairman asked Michael Mullen to read the recommendations, conditions, and operation standards as outlined by the Department of Planning Services staff into the record. The Chairman asked Mr. Scott if he had any objections to the recommendations, conditions, or operation standards as presented. He stated does not agree with Operation Standards #2. His primary work will be on farm equipment, but sometimes the line between construction equipment, farm equipment, and other vehicles is nondistinguisable. He needs to be able to work on trailers, autos, welding, etc. Michael Mullen read the definition of vehicle Service/Repair Establishment from the Weld County Zoning Ordinance. Summary of the Weld County Planning Commission Meeting April 16, 1985 Page 10 Lee Morrison stated that the Weld County Zoning Ordinance does not define farm equipment. MOTION: Doug Graff amended Operation Standard #2 to read: "The use permitted shall be limited to farm equipment repair." Motion seconded by Stephen Hamilton. The Chairman called for discussion from the members of the Planning Commission. Various items used by farmers to run a farming operation were discussed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Paulette Weaver - no; Doug Graff - yes; Lydia Dunbar - yes; Stephen Hamilton - yes; Louis Rademacher - yes; Jack Holman - no; Sharon Linhart - no. Motion carried with four voting for the motion and three voting against the motion. Stephen Hamilton moved Operation Standard #4 be deleted. Motion seconded by Doug Graff. The Chairman called for discussion from the members of the Planning Commission. The similarity between Operation Standard #1 and Operation Standard #4 was discussed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Paulette Weaver - no; Doug Graff - yes; Lydia Dunbar - yes; Stephen Hamilton - yes; Louis Rademacher - yes; Jack Holman - yes; Sharon Linhart - no. Motion carried with five voting for the motion and two voting against the motion. Gerald Drieling asked how they can tell farm equipment from oil well equipment. Mary Leinweber felt that by changing the Operation Standards Mr. Scott will now have Commercial-Three Zoning under a Use by Special Review Permit. Tape 201 - Side 1 Summary of the Weld County Planning Commission Meeting April 16, 1985 Page 11 Doug Graff moved Case Number USR-671:85:9 for Alice Pehr (Larry Scott) for a Use by Special Review Permit for a Farm Equipment Repair shop be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon recommendations, conditions, and operation standards as amended and the testimony heard by the Planning Commission. Motion seconded by Stephen Hamilton. 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. Paulette Weaver - No, because she feels this is not compatible with current and future use in the area and there is too much potential for commercial-like use. Doug Graff - yes; Lydia Dunbar - yes; Stephen Hamilton - yes; Louis Rademacher - yes; Jack Holman - yes; Sharon Linhart - no. Motion carried with five voting for the motion and two voting against the motion. The meeting was adjourned at 5: 10 p.m. Respectfully submitted, Bobbie Good Secretary rig/ LAND-USE APPLICATION SUMMARY SHEET Date: April 16, 1985 CASE NUMBER: Amended SUP-345:85:10 NAME: MS Corporation ADDRESS: 1933 East 16th Street, Greeley, Colorado 80631 REQUEST: Amendment of Operation Standards 3, 5, 6, and 7 and phasing of the extraction plan for SUP-345 (an open-cut mining permit) . LEGAL DESCRIPTION: Part of the SEA, Section 3, the NEB, Section 9, the NWT and the W% NE%, Section 10, all in T5N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: East of the city of Greeley; north of 16th Street and west of Fern Avenue. SIZE OF PARCEL: 230 acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: This case has been rescheduled. The new hearing date is May 7, 1985, at 1:30 p.m. Rescheduling is necessary because of incomplete public notification. JRM:rjg 9 Date: May 21, 1985 CASE NUMBER: Amended SUP-345:85:10 NAME: MS Corporation ADDRESS: 1933 East 16th Street, Greeley, Colorado 80631 REQUEST: Amend Operation Standards , 5, 6, and 7, and phasing of the extraction plan for an open-cut mining permit. LEGAL DESCRIPTION: Part of the SEA, Section 3, NE% and the WZ NEB, Section 10, all in T5N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: East of the City of Greeley; north of 16th Street and west of Fern Avenue. The applicant is requesting amendments to Operation Standards 3, 5, 6, 7, and the phasing of the Extraction plan for approved SUP-345:77:19. The Department of Planning Services staff is recommending approval of proposed Operation Standards 5 and 6. The Department of Planning Services staff is recommending denial of proposed Operation Standards 3, 7, and the proposed phasing of the extraction plan. The Department of Planning Services staff recommends that proposed Operation Standards 5 and 6 be approved for the following reasons: 1. The submitted materials are in compliance with 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 Department of Planning Services staff that the applicant for Amended Special Use Permit #345 has shown compliance with Section 24.3. 1 et seq. of the Weld County Zoning Ordinance as follows: This request is in compliance with the Weld County Comprehensive Plan and the Weld County Extraction Plan, Mineral Resources, Volume II. The Weld County area in question is located in a resource conservation area. The Weld County Extraction Plan stated that extraction shall be encouraged in resource conservation areas, as long as appropriate extraction standards are followed. The proposal, with the amendments to Operation Standard numbers 5 and 6 is consistent with the Comprehensive Plan policies which allow uses of an industrial nature to occur where the resources are available; Amended SUP-345:85:10 MS Corporation Page 2 - The proposal is consistent with the intent of the agricultural district and does not interfere with any agricultural activities. The subject site is in close proximity to several residential uses and the Greeley Comprehensive Plan notes that the area should develop residentially. - The Greeley Planning Commission has reviewed this proposal and found it to be in compliance with its Comprehensive Plan subject to recommendations as set forth in a letter dated March 19, 1985. - The subject site is in a Flood Hazard Overlay District area. An Operation Standard addresses this concern; and - Use by Special Review Operations 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 owner and/or operator shall be required to obtain all applicable building or electrical permits for SUP-345:85:10. The prescribed amended SUP activity shall not occur until the amended SUP plat has been recorded in the office of the Weld County Clerk and Recorder. 3. The following note being placed on the Use by Special Review Plat: NOTE: The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities relating to mining and reclamation are, therefore, under the jurisdiction of the Mined Land Reclamation Board; however, Weld County has jurisdiction of those matters outlined in the Operation Standards. Amended SUP-345:85:10 MS Corporation Page 3 4. The applicant shall make application to the Division of Water Resources for a well permit prior to extracting sand and gravel from the subject site. A copy of the application shall be delivered to the Department of Planning Services. 5. The owner and/or operator shall correct the amended SUP plat to show phasing of the gravel mining as approved in SUP-345:77:19, prior to recording the plat. 6. The owner and/or operator shall correct the amended SUP plat to show the green belt area as required by Operation Standard number 2, prior to recording the plat. 7. The owner and operator shall submit the following plans to the Weld County Engineering Department. The plans shall be approved by the Engineering Department and a copy presented to the Department of Planning Services prior to mining any sand and gravel: (A) Plans for construction of the proposed access road; and (B) Plans for dust abatement on the two access roads as shown on the amended SUP plat. In the event the dust abatement program has been determined to be ineffective by the Weld County Engineer, the access roads shall not be used as sand and gravel truck haul routes and the owner and/or operator shall be required to submit a plan for paving the two access roads. The Weld County Engineer shall approve the paving plan and the plan shall be implemented before the access routes can be used as sand and gravel truck haul routes. The Department of Planning Services staff recommends that proposed Operation Standards 3, 7, and the proposed phasing of the gravel extraction plan be denied for the following reasons: 1. The Weld County Comprehensive Plan states that development occurring adjacent to an existing incorporated town shall be in accordance with the Comprehensive Plans and stated wishes of that community. In letters dated May 29, 1985 and April 26, 1985, the Greeley Planning Commission has designated the future development in the area along East 16th Street to be primarily residential in nature. It was requested that the landscaping greenbelt along the south boundary be completed at this time to provide a visual and sound buffer between the surrounding residential land uses and the gravel pit. To the south of this site are two subdivisions (Rainbow Acres and Brady Subdivision) and numerous other small parcels. Approximately forty to fifty residences are within one-fourth mile of the subject site. Amended SUP-345:85:10 MS Corporation Page 4 The greenbelt would provide a measure of compatibility between the subject site and this residential area. 2. The Greeley Planning Commission recommended that the original phasing plan as approved by SUP-345:77:19 be retained because the mining along the southern boundary of the subject USR area will enable these areas to be reclaimed at an earlier date. This will allow greater compatibility with the surrounding residential land uses. The Department of Planning Services staff supports the original phasing plan for the same reasons as the Greeley Planning Commission. 3. The Greeley Planning Commission and the Greeley Soil Conservation Service both support the Department of Planning Service's staff recommendation to deny proposed Operation Standard 7. The fencing of each phase should be maintained in order to assure the safety of existing and future surrounding residents, particularly children. Currently, all mining operations in North Greeley operate under the same regulations concerning fences. OPERATION STANDARDS MS Corporation Amended SUP-345:85:10 1. The uses permitted on said described parcel shall be the extraction of gravel as described in the approved application materials for SUP-345:77: 19 on file with the Department of Planning Services. 2. A greenbelt shall be planted along the entire length of the southern boundary, except those areas not suited for planting as determined by representatives of the Greeley Soil Conservation District (i.e. , marshy ground) . The greenbelt shall consist of two parallel rows of trees. The southernmost row shall contain Rocky Mountain Junipers planted eight feet (8') apart. The northernmost row shall contain native plum trees and Russian Olive trees, on an alternating basis eight feet (8') apart. The entire greenbelt shall be planted within thirty (30) days of approval by the Board of County Commissioners. 3. Existing trees and ground cover along public road frontage and drainage ways shall be preserved, maintained, and supplemented if necessary, for the depth of the setback in order to protect against and/or reduce noise, dust, and erosion. 4. The owner and/or operator shall utilize only the access roads from the subject SUP area to East 16th Street as shown on the amended SUP plat. The owner and/or operator shall implement and maintain the approved construction plans for the proposed access road. The owner and/or operator shall implement and maintain the approved dust abatement program. 5. Six foot (6') chain-link fencing shall be erected around each phase prior to extraction of that phase. The fencing shall remain in place until the reclamation is completed for that phase. 6. Where topsoil is removed, sufficient arable soil shall be set aside for respreading over the excavated area. 7. A portable rock crusher, a concrete plant, and an asphalt plant are permitted with the condition that they shall be restricted from locating within Phases III, IV, V, VI, VI-A, VII, VII-A in order to maintain a reasonable distance between these portable facilities and the residential uses to the south. 8. Insurance - The operator shall furnish evidence he is insured to the extent of not less than one hundred thousand dollars ($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, the extraction and production of sand and gravel, and all activities connected with or incidental thereto. Operation Standards Amended USR-345-85-10 MS Corporation 9. The applicant shall obtain a N.P.D.E.S. Permit from the Water Quality Control Division of the Colorado State Health Department prior to discharge of any water into the Cach La Poudre River. A copy of the N.P.D.E.S. Permit shall be forwarded to the Department of Planning Services. 10. There shall not be any dumping of any kind permitted within the Special Use Permit area either during extraction or during reclamation. 11. All operation on said described parcel shall be in conformance with the Weld County Flood Hazard Regulations including: A. No fill, berms or stockpiles of sand ar gravel shall be placed in the floodway of the Cache La Poudre River; and B. All fuel tanks, septic tanks, temporary buildings, and other hazardous items that might wash away during flooding shall be securely anchored and adequately flood-proofed to avoid creation of a health hazard. Following completion of mining, all temporary buildings shall be removed. 12. 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. 13. The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 et seq. and Section 44.4 et seq. , of the Weld County Zoning Ordinance. 14. 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 Operation Standards stated hereon and all applicable Weld County Regulations. 15. The Use by Special Review area 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. 16. 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 AMENDED SUP-345:85: 10 1. The Greeley Planning Commission recommended that operation standard number 6, requiring paving of the access road, also not be amended as requested by the applicant. The Greeley Planning Commission expressed concern about the dust impact on adjacent properties from the use of the access roads. The Greeley Soil Conservation Service recommended paving the access roads north of 16th Street to provide a dust free buffer. The Engineering Department recommends that the owner/operator develop and maintain an adequate dust abatement program on the access roads from the pit area to 16th Street. Further, if the dust abatement program is not effective then the access roads should be paved. The concern of the Department of Planning Services and the referral entities is that the dust be effectively suppressed on the access roads leading to 16th Street. The Planning staff feels that the proposed conditions and Operation Standards meet this concern. LAND-USE APPLICATION SUMMARY SHEET Date: May 7, 1985 CASE NUMBER: Amended SUP-345:85:10 NAME: MS Corporation ADDRESS: 1933 East 16th Street, Greeley, Colorado 80631 REQUEST: Amendment of Operation Standards 3, 5, 6, and 7 and phasing of the extraction plan for SUP-345 (an open-cut mining permit). LEGAL DESCRIPTION: Part of the SE%, Section 3, the NE114, Section 9, the NW4 and the W/ NE1, Section 10, all in T5N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: East of the city of Greeley; north of 16th Street and west of Fern Avenue. SIZE OF PARCEL: 230 acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this proposal is listed in Section 24.3 of the Weld County Zoning Ordinance. This case is a result of ZCH (Zoning Compliance Hearing) 1:85: 1, noncompliance with operation standards. Special Use Permit (SUP) 345 was approved for this site in February of 1978. The applicant who recently began extracting sand and gravel from the site was found to be in violation of the above numbered operation standards (see attached Operation Standards for SUP-345.) The city of Greeley, in a letter dated March 29, 1985, has recommended denial of the revisions to the Operation Standards 3, 6, 7, and phasing plan (see attached letter) . The West Greeley Soil Conservation District, in a letter dated April 8, 1985, has recommended denial of the revisions to Operation Standards 3, 6, and 7 (see attached letter) . The Weld County Engineering Department also objects to Operation Standard #6 (see attached letter) . The Division of Water Resources has no ob' ction to the proposed amendment s but will require the applicant to in„a well permit for usage of ground water (see attached letter) . ary) +0r Three surrounding property owners have expressed objection to a sand and gravel operation at this site. However, the issue with this proposal is not the operating of a sand and gravel mine, but the operation standards as listed above. PROPOSED LANDSCAPING AND FENCING DEVELOPMENT STANDARDS AMENDED SUP-345:85:10 MS CORPORATION 2. A greenbelt shall be planted and maintained along the entire length of the southern boundary. The greenbelt shall be a minimum ten feet (10') in width. The greenbelt shall consist of two (2) parallel rows of trees. The southermost row shall contain Rocky Mountain Junipers planted eight feet (8'). part. The northern�o� u row shall contain Ale-trees and n Olive trees, on an `6`/ , alternative basis, planted eight feet (8') apart. The trees shall 3(0 be a minimum two feet (2') in height at the time of planting. The entire greenbelt shall be planted by the 1986 spring planting season, identified as between April 15 and May 30, 1986. The owner or operator does not have to plant those areas along the greenbelt which have been determined by representatives of the Greeley Soil Conservation District as unsuitable for planting. 3. Existing trees located in the greenbelt shall be preserved and incorporated into the greenbelt. 4. The owner and/or operator shall only utilize the access roads from the amended use by special review area to East 16th Street as shown on the recorded plat. The secondary access road shall be used for hauling sand and gravel only in the event the main access road is not passable. �Yr ‘r ,��e 3 Ee -cc-_ 5. A six foot (6') chain link fence shall be erected and maintained at the following locations prior to extraction of any sand and gravel: p(rcv& A5ree,t ?s „,et a. The eastern boundary of phases 6 and 7; cNArc�, r/orf-iyrl- b. The southern boundary of phases 7 9, 10, and 12L, and h-0 {PO(e % G`g "Ore.6.; c. The western boundary of phases 12, 13, and 14. 1\-)Al, cs Signs stating "No Trespassing" shall be posted and maintained on the chain link fence at intervals of sixty (60) feet. PROPOSED ACCESS CONDITION AMENDED SUP-345:85: 10 MS CORPORATION 6. The owner and operator shall submit the following plans to the Weld County Engineering Department. The plans shall be approved by the Engineering Department and a copy presented to the Department of planning Services prior to mining and sand and gravel: (A) Plans for construction of the proposed access road; (B) Plans for dust abatement on the two (2) access roads as shown on the amended Special Use Permit plat; and (C) The principal access and secondary access roads shall be identified on the Amended Use by Special Review plat prior to recording. In the event the dust abatement program has been determined to be ineffective by the Weld County Engineer, the affected access road(s) shall not be used as a sand and gravel truck haul route(s) and the owner and/or operator shall be required to submit a plan for paving the affected access road(s) . The Weld County Engineer shall approve the paving plan and the plan shall be implemented before the access route(s) can be used as sand and gravel truck haul route(s). The dust abatement program shall comply with all State and Federal Regulations. The Department of Planning Services Proposed Standards Are Based Upon The Following: 1. Additional site inspections of the Use by Special Review area conducted by the Planning staff; 2. The projected thirty (30) to forty (40) year life of the gravel operation; 3. The letter from the Greeley Planning Commission dated March 29, 1985, which projects residential development pressure in the area prior to the termination of the gravel operation; 4. Information from adjacent surrounding property owners (south side) . Information was obtained at a neighborhood meeting of the surrounding property owners. In addition, the Planning staff made an effort to talk with those property owners adjacent to the southern boundary of the gravel pit that were unable to attend the neighborhood meeting. A summary of the adjacent surrounding property owner recommendations is attached. DEPARTMENT OF PLANNING SERVICES I PHONE(303)356.4000 EXT.4400 mai 915 10th STREET •.11D GREELEY,COLORADO 80631 . • zi COLORADO May 1, 1985 Michael Miller MS Corporation 1933 E. 16th Street Greeley, CO 80631 RE: Amended SUP 345:89:9 Dear Mr. Miller: The above case has been rescheduled to be heard by the Weld County Planning Commission on May 21, 1985, at 1:30 p.m. The reason for this change is insufficient notification of surrounding property owners. I am also taking this opportunity to enclose copies of referral comments received by the Department of Planning Services with reference to your USR application. If you have any questions, please let me know. Sincerely yours, Glor'a V. Dunn Cu ent Planner Enclosures GVD:js DEPARTMENT OF PLANNING SERVICES ti !!!D7 PHONE(303)356-4000 EXT.4400 915 10th STREET GREELEY,COLORADO 80631 j-,5:'!it-: ..,•-? ' 1 41 -S-'‘ '' COLORADO April 8, 1985 Mr. Mike Miller MS Corporation 1933 East 16th Street Greeley, Colorado 80631 Re: Amended SUP-365:85:9 - Request to amend Development Standards 3, 5, 6, and 7 and altering the phasing of the extraction plan for an open-cut gravel mine on a parcel of land described as part of the SA-. of Section 3, and the NE14 of Section 9, and the NIA and the Wi of the NEk, Section 10, all in T5N, R65W of the 6th P.M. , Weld County, Colorado. Dear Mr. Miller: Your application, as described above, was not given proper public notification. As such this case will have to be continued. I have rescheduled a meeting with the Weld County Planning Commission on May 7, 1985, at 1:30 p.m. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members might have with respect to your application. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our • office has again forwarded a copy of the submitted materials to the Greeley Planning Commission for their review and comments. Please contact Ann Jamison at 353-6123 for further details regarding the date, time and place of this meeting. It is recommended that you and/or a representative be in attendance at the Greeley Planning Commission Meeting to answer any questions the Planning Commission members may have with respect to your application. Mr. Mike Miller MS Corporation April 8, 1985 Page 2 It is the responsibility of an applicant to see that a sign is posted on the property under consideration at least ten (10) days preceding the hearing date. Sometime prior to April 26, 1985, you or a representative should contact me in this office to obtain a sign to be posted on the site no later than April 27, 1985. The Department of Planning Services staff will make a recommendation concerning this application to the Weld County Planning Commission. It is the responsibility of an applicant to contact the Department of Planning Services office a few days before the date of the Planning Commission hearing to obtain that recommendation. If you have any questions concerning this matter, please feel free to call me. Respectfully, James R. Mayer Current Planner JRM:rjg cc: Doringsfield & Aratas 11427 South Tomah Street Phoenix, Arizona 85044 DEPARTMENT OF PLANNING SERVICES PHONE(303)3564000 EXT.404 I r 915 10TH STREET GREELEY,COLORADO 80631 Wilk COLORADO March 13, 1985 Mike Miller MS Corporation 1933 E. 16th Street Greeley, CO 80631 Re: Amended SUP-345:85:9 Request to amend Operation Standards 3,5,6, & 7 for Open Cut gravel miningon a parcel of land described as part of the SE's of Section 3, and the NE1 of Section 9 and the NWT and the of the NE14 of Section 10, T5N, R65W of the 6th P.M. , Weld County, Colorado. Dear Mr. Miller: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Planning Commission on April 16, 1985 at 1:30 p.m. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members might have with respect to your application. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Greeley Planning Commission for their review and comments. Please contact Ann Jamison at 353-6123 for further details regarding the date, time and place of this meeting. It is recommended that you and/or a representative be in attendance at the Greeley Commission Meeting to answer any questions the Commission members may have with respect to your application. It is the responsibility of an applicant to see that a sign is posted on the property under consideration at least ten (10) days preceding the hearing date. Sometime prior to April 5, 1985 you or a representative should contact me in this office to obtain a sign to be posted on the site no later than April 6, 1985. Mike Miller March 13, 1985 Page 2 The Department of Planning Services staff will make a recommendation concerning this application to the Planning Commission. It is the responsibility of an applicant to contact the Department of Planning Services office a few days before the date of the hearing to obtain that recommendation. If you have any questions concerning this matter, please feel free to call me. Respectfully,Ja ymen R. Ma erl '..-2-2-Z.C:72/ Current Planner cc: Doringsfield & Aratas 11427 S. Tomah St. Phoenix, AZ 85044 INTERNAL MEMORANDUM ON CURRENT ZONING CASES TO: Keith Schuett FROM: Gloria Dunn NAME: Michael Miller dba MS Corporation LEGAL DESCRIPTION OF PROPERTY: The NE%, Section 9, NZ, Section 10, all in T5N, R65W of the 6th P.M. , Weld County, Colorado DATE: March 6, 1985 TIME: 10:00 a.m. CASE NUMBER: SUP-345 -f° Mr. Miller submitted an application^ amend Special Use Permit #345 for an open-cut gravel mining permit. GDV:rjg MExcavation & Trucking 1933E 16TH ST GREELEY, 80631 9-28-84 (303))353-1529 (30 Dear sirs, We have obtained a lease on the Doeringsfeld gravel property east of Greeley. It is our intention to open this pit in the very near future. The special use permit r#345 applies to this property. we intend to comply with most of the terms of the permit with the following exceptions. ?tie would like to bring out the road onto 16th st. at a point approximately 150 ft. west of the property line of the MacNamara property. ;e will build a crossing at that point. The reason for this is that the locatiom of the approved road would have trucks entering the road at the bottom of a hill. This severely limits the visibility of oncoming cars. The proposed location would put the trucks on the road in a place that will provide much better visibility for all vehicles involved and create a much safer situation. We would like to begin operations in Phase V-A. This will allow for a much easier startup and provide ready access to the necessary water.. If there are no problems with these ammendments we will anticipate starting production in the week of October 8th, 1984. Sincerely, SC‘J, IA Michael yfiller �ILs' fed „ (,- MExcavation & Trucking 1933 E. 16TH ST. M GREELEY,Co 80631 (303)353-1529 10-2-84 R2: S P345 Rod, As I stated in my last letter we plan to install a road exiting the property at a location different from the one specified in the special use permit. The proposed road would enter the roadway at a point approx. 140 ft. west of the property line of the MacNamara property. The reason for this alteration is that the road as approved would have trucks entering the roadway at the bottom of a hill at a point that would not provide enough distance to react for the oncoming cars. In the proposed new location cars would have a considerable distance to see trucks entering the road and respond accordingly. This new location would also move the road to the east of one of the property owners that was concerned about the close proximity of the approved road. The new location would certainly alleviate the problem of trucks so close to her home. On the reverse side of this letter I have outlined a rough map to aquaint you with the locations of the proposed road and tze location that we hope to begin mining. Thank you. Sincerely, lAttiv,Lv.-Kk (i)„ Michael Miller FIELD CHECK FILING NUMBER: SUP-345:85: 10 DATE OF INSPECTION: April 3, 1985 NAME: MS Corporation REQUEST: Amend Operation Standards 3,5,6 & 7 of SUP-345 (open cut mining permits) . LEGAL DESCRIPTION: parts of the SEA of Section 3, NEB of Section 9, NW4 and Wk NEl of Section 10, all in T5N, R63W. LOCATION: Less than one (1) mile east of Greeley; north of 16th Street and west of Fern Avenue LAND USE: N Car salvage yard and Cache La Poudre River E Crop production S Residences (25-30) Linn Grove Cemetary W Residences (4) , rangeland ZONING: N I-3 E Agricultural S R-1 (Low Density Residential) Agricultural and R-3 (Medium Density Residential) W Industrial three (I-3) Agricultural COMMENTS: Access to the subject site is from 16th Street a paved road. The proposed point of ingress/egress would be in the southwest corner of the site between two residences. The southern 2/3 of the site is in pasture. The maps provided by staff (see preceding maps) provide a good picture of the level of mining that has occured on the site. Most all of the mining has occurred on the northern one third of the site. Several small lakes are scattered throughout this area. According to the applicant, except for very recent activity, this site has not been mined since approximately 1969. There are 2 residential subdivisions to the south of the subject site (Rainbow Acres and Brady Subdivision.) This would be the area most significantly impacted by this proposal. By: ,0-.,r77.e 7/IQ ties R. Mayerl C rrent Planner L NOTICE Pursuant to Section 30-11-401, et seq. , CRS, as amended, 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 this matter are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a certified 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 can be contacted for a list of certified court reporters in the area. If a court reporter is obtained, 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 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. DOCKET NO. 85-57 DATE: August 14, 1985 TIME: At or about 10:00 A.M. REQUEST: Creation of Weld County Beebe Draw Law Enforcement Authority, to include portions of Sections 3, 4, 5, 8, 9, 10, 16 and 17, Township 3 North, Range 65 West of the 6th P.M. , Weld County, excluding the mineral interests located therein. 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: July 22, 1985 PUBLISHED: July 25, August 1 and 8, 1985, in the Johnstown Breeze NOT I C E 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 proposed changes to this Special Use Permit are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a certified 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 can be contacted for a list of certified court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised 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. 85-38 MS Corporation 1933 East 16th Street Greeley, Colorado 80631 DATE: July 3, 1985 TIME: 2:00 P.M. REQUEST: Amend Operation Standards 3, 5, 6 and 7, and phasing of the extraction plan for an open-cut mining permit LEGAL DESCRIPTION: Part of the SEi, Section 3, NEi and Wi NEi, Section 10, all in Township 5 North, Range 65 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: June 3, 1985 PUBLISHED: June 20, 1985, in the Johnstown Breeze DEPARTMENT OF PLANNING SERVICES I �� PHONE(303)356.4000 EXT.4400 915 10th STREET !!':• GREELEY,COLORADO 80631 Sir tk _..y, i J , o COLORADO NOTICE OF PUBLIC NEARING The Weld County Planning Commission will conduct a public hearing on May 7, 1985, at 1:30 p.m. to review a request for approval of an amendment of Operation Standards 3, 5, 6, and 7 and altering the phasing of the extraction plan of SUP-345 from MS Corporation on a parcel of land described as parts of the SEA of Section 3, NE4 of Section 9, and the NWT and W/ NE14 of Section 10, all in T5N, R65W of the 6th P.M. Weld County, Colorado, containing 230 acres, more or less. The 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 Tenth Street, Greeley, Colorado. Comments or oblections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 915 Tenth Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on May 7, 1985. Copies of the application are available for public inspection in the Department of Planning Services, Room 342, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado, - Phone - 356-4000, Extension 4400. Robert E. Ehrlich, Chairman Weld County Planning Commission To be published in the La Salle Leader To be published one (1) time b April 18, 1985 Received b Date: 12- IS DEPARTMENT OF PLANNING SERVICES PHONE (303)3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 O • COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on April 16, 1985 at 1:30 p.m. to review a request for approval of an amendment of Operation Standards 3,5,6 & 7 of SUP-345 (an open cut mining permit) from MS Corporation on a parcel of land described as parts of the SEA of Section 3, NE1 of Section 9 and NWT and W1 NE1 of Section 10, T5N, R65W of the 6th P.M. , Weld County, Colorado containing 230 acres, more or less. The 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 Tenth 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 Tenth Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on April 16, 1985 . Copies of the application are available for public inspection in the Department of Planning Services, Room 342, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado, - Phone - 356-4000, Extension 4400. Robert E. Ehrlich, Chairman Weld County Planning Commission To be published in the La Salle Leader To be published one (1) time by April 4, 1985 Received by [� Date: 3 16-- Affidavit of Publication STATE OF COLORADO) County of Weld) ss. Paul Massey of said County of Weld being duly sworn,say that I am publisher of r,A SAl 1 A LPArier that the same is a weekly newspaper of general circulation was printed and published in the town of La Salle in said county and state:that the notice of adver- tisement,of which the annexed is a true copy has been published in said weekly newspaper for onealcsTarair.eLegal Notice weeks: that the notice was published in the regular and entire issue of every number of said Nona of PUBIC IIIice newspaper during the period and time of publica- the Weld c minty Planning(or,mission tion of said notice and in the newspaper proper will conduct a public hearing on Toes and not in a supplement thereof: that the first day Aptd 16 1985 at 1 30 p m to publication of said notice was contained in the review a request for approcal of an amendment of Operation Standards _ issue of said newspaper bearing the date, the 3 5,6 &7 of St IP 345(an open cut min nig perms)from MS C orpmrabo on a 4 date of Apr11A.D., 19 85 part el of land descntifis parts of the Sf of Section 3 NI lo of Section 9 and NU i and W 1 i Nf ,of Section 10, and the last publication thereof, ix} the issue of T5N,R65W of the 6th P M.Weld Coon- said newspaper,bearing date,the L1 day of ty,Colorado containing 230 acres,more or less A n ri 1 19 RChat the said This public hearing to be held by the Weld County Planning Commission for the consideration of the above referenc La Salle Leader ed request will be conducted in the Weld has beenpublished continously and uninter- c osnty Co Weld ln Coers Hearing Room lust Floor County Centennial ruptedly during the period of at least fifty-two Center,915 10th Street,Greeley, Col consecutive weeks next prior to the first issue orado Comments or objections related to the above thereof containing said notice or advertisementrequest be submit tot d in writing to the W Weld County above referred to:and that said newspaper was Department of Planning Services, 915 at the time of each of the publications of said 10th Street, Room 342, Greeley, Col notice duly qualified for that purpose within the °radii 80631 before the abuse date or meaning of an act entitled, "An Act Concerning 16,presented85at the public hearing on April Legal Notices. Advertisements and Publications and the Fees of Printers and Publishers thereof, Copies of the applic anon are acadable and to Repeal all Acts and Parts of Acts in Con- for public inspection in the Department ld p of Planning Servnes Room 342 Ueld filet with the Provisions of this Act" approved County t eotennial Center, 915 10th April 7. 1921. and all amendments thereof, and Street Greeley Colorado 1156-4000 xtenvun 4400) particularily as amended by an act approved. 1 March 30. 1923. and an act pproved May 13. Robert I 1 hrlich,Chairman (;11DCIZZ, Weld C minty Planning C umm,sswn Published in the IA Salle leader on Thursday April 4 1985 Publisher Subscribed and sworn to before me this '&G day of L�� A.D., 19 g6 Notary blic My commission expires //—7 ' 6 EL ZASf 1 MASSEY 22019 W.C.RD. 54 GREELEY, CO E0f.z Affidavit of Publication STATE OF COLORADO) County of Weld) ss. Paul Massey of said County of Weld being duly sworn,say that I am publisher of T ^ T^ .. that the same is a weekly newspaper of general circulation was printed and published in the town of La Salle Legal Notice in said county and state:that the notice of adver- tisement,of which the annexed is a true copy has NOTICE OF PUBLIC HEARING been published in said weekly newspaper for The Weld County Planning Commission On ege�ifi-vE will conduct a public hearing on May 7. 1985,at 1 30 p m to review a request weeks; that the notice was published in the for approval of an amendment of Opera- regular and entire issue of every number of said t lion Standrads 3,5,6.and 7 and alter- newspaper during the periodand time publica- ing the phasing of the extraction plan of of SUP-345 from MS Corporation on a tion of said notice and in the newspaper proper parcel of land described as parts of the and not in a supplement thereof: that the first SE'/i of Section 3•NE'h of Section 9, publication of said notice was contained in the and the NW' and W'/2 NE'i of Section 10,issue of said newspaper bearing the date, the Weld all oi ntTy. o65W of the 6t P M County,Colorado containing 230 acres,more or less 8 date of tiro A.D., 19 85 This public hearing to be held by the Weld County Planning Commission for and the last publication thereof, in the issue of the consideration of the above referent- ' said newspaper,bearing date,the id day of ed request wi I be conducted in the Weld County Commissioners'Hearing Room, First Floor, Weld County Centennial April , 19 85 that the said Center.915 10th Street.Greeley.Col- orado Comments or objections related La Salle Leader to the above request should be submit- ted in writing to the Weld County has been published continously and uninter- Department of Planning Services, 915 ruptedly during the period of at least fifty-two 10th Street, Room 342• Greeley,rior to the first issue Col- orado ted80631•before the ng date or consecutive weeks next prior presented at the public hearing on May thereof containing said notice or advertisement 7.1985 above referred to: and that said newspaper was of said Copies of the application are available at the time of each of the publicationsfor public inspection in the Department notice duly qualified for that purpose within the of Planning Services,Room 342.Weld meaning of an act entitled. "An Act Concerning County Centennial Center, 915 10th Legal Notices. Advertisements and Publications Street, Greeley, Colorado (356.4000, Extension 4400) and the Fees of Printers and Publishers thereof, and to Repeal all Acts and Parts of Acts in Con- RobertrE.Ehrlich,Chairman flict with the Provisions of this Act" approved Weld County Planning Commission April 7. 1921. and all amendments thereof, and Published in the La Salle Leader on particularily as amended by an act approved. Thursday,April 18,1985 March 30, 1923. and an ac approved May 13. a'ad-Z/ Publisher Subscribed and sworn to before me this 30 ' day of (zap[L A.D., 19 a s— Notar,Public My commission expires /1' 7 -TS— EU ZABETH MA.S:n ?2019 ` I.C-RE;. ..;EELS', CL_, • FLOW SHEET CASE # d ;'.:a,. :_(;(- ' Y'-; 2 / ArPLICANT: ific � "- 1 _ _ — o / R'.4UEST: a /) - k....-, d . -.,.6.. r ..1, ,,7 11, :„ :* _ 5r 6 7 67 _. ‘,...)1 --' .. LEGAL:/-410 T SZ�f S-Pc' / 'S e- 9 g te:)% a) //.1 A/ E -, 1f2 G, LO ATION: L s .i � •r l/.4.. 6 d s-LL' ,/ DATE BY Application Received , PP tv/,Sf L //,. Application Complete 1 ( '> OW Hearing Date: / j %� S f / 1 Utility Board Hearing Date: /0/g — -� PC Sign given to Applicant 6/lo PC Sign posted By: '/./76-'/C -Ti5_' (;� l/f`«� 0 Letter to Applicant Drafted -7J/is 6 o_ Referrals Listed '// , Public Notice Drafted yVzii_ G vt'; File Assembled 3-1-�.lisS .k.� Referrals Mailed - --k-2,-z5 1/46-S. 3-t3-115 ..k.q.itt . ; Letter to Applicant Mailed 4. 9-85 O.,CiNc: Public Notice Sent Out By: /47,42c,/(1,2 ,A -6-3„:1-, %-cs'`e ' `..'N. Prop. & Mineral Owners Notified By: !/4' `l'-9- 3all-243 S:4): • Maps Prepared 4.2.0e: `- Field Check By DPS Staff V--__g _g ,,i,e2/t - j ,, Field Check-Board Member: Pp 1.Od1,e.,w.1l., DPS Recommendation Drafted 9./7 7 DPS Recommendation Typed r j, "- �e�. Packets Xeroxed �a- pvQc+ov 5 -1A-85 C �Tdr G'"- -7 PC/BOA Hearing Action: Cohn v.1 us G..-1, g5 5-z1-gbs a 4- fib- %5. ot_`�( PC/BOA Resolution 5- 7,..-2...t5 .k;, BOA Resolution Sent To Applicant S -z3 -8S .s...eq., , N.-13.- Wrc, r , Meeting Summary or Minutes Filed in Case S -z"1. - 35. ‘.14,c 4-29 -%S. on , Case Sent To Clerk to Board V-2211" G� CC Sign Given to Applicant ( 8"--5 )1771( ! Posted By: CC SignnOil/tr . .7�/1� CC Hearing: Action: Ofemved �.�/grr CC Resolution R ceived r1/1747.5 I Plat and/or Resolution Recorded liC) History Card Completed /J ) , � �r Recorded on Maps and Filed -/8 -8,6 APPLICATION USE BY SPECIAL REVIEW Department of Planning Services, 915 Tenth Street, Greeley, Colorado 80631 Phone - 356-4000 - Ext. 4400 Case Number sup Als arryle.„-AliesZ Date Received 3/S7/FS— Application Application Checked by� Mylar plat submitted 5 f� Application Fee W _13411(42 Receipt Numbe Recording Fee i �,� Receipt Number •c0:r 1111 TO BE COMPLETED BY APPLICANT: (please print or type, except fo qp��: . aa- ��. . - nn�� I (we), the undersigned, hereby request hearings before the Weld tJ n ' ti1dr�iiii�ng1Cot101 sion and the Weld County Board of County Commissioners concerning the proposed Special Review Permit of the following described unincorporated area of Weld County Colorado: 1 i LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: N2 _ Section 10 NE-,1-1- See 9 T 5 N, R 5 W LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: Section _ T N, R W Property Address (if available) PRESENT ZONE A OVERLAY ZONES TOTAL ACREAGE 229-89 PROPOSED LAND USE(,ravel mi ni ng EXISTING LAND USE Gravel md ni_ng SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW: Name: Doeringsfeld && Aratas Address: 11427 S. Tomah St, city Phoenix Arizona zip 85044 Home Telephone # 602-893-3854 Business Telephone # same Name: Address: City Zip Home Telephone # Business Telephone # Name: Address: City Zip Home Telephone # Business Telephone # APPLICANT OR AUTHORIZED AGENT (if different than above): Name: MS_Corp. _ Address: 1933 E. 16th $t. City Greeley Co. Zip 80631 Home Telephone 0 356-2549 Business Telephone # 353-1529 List the d@4&C86 and/or lessees of mineral rights on or under the subject properties of record. Name: MS Corp. Address: 1933 E. 16th St. city Greeley Colo. Zip 80631 I 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 best of my knowledge. )DOg1,V&SF,��d// ,f�-41PA-7-45 COUNTY OF MAtdl C0P11 // ! ��'' ✓ �v� y� � 410) STATE OF _, Zf \-?j i t� !.4'44.rff i..'. j),0 -.43//it hh,r) t371)_ Signature: Owner of Land - Subscribed and sworn to before me this].(-gay of nPrtpmher 19 8L} . SEAL lily Commission Aug. 1.41:014371 PUB My commission expires 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 EXT 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 #: Receipt Number: Application Reviewed By To Be Completed by APPLICANT In Accordance With Procedural Guide Requirements: 1. I (we) , the undersigned, hereby request a hearing before the Weld County Planning 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: NE4 Sec 9 Nz Sec 10 T5N R65W 6th PM Detailed legal description attached TOTAL ACREAGE:, 61,1 y 2. Surface owner(s) of area of land described Name:Dneringsfeld & Address: 11427 S. Tomah St. Phone:602-893-3854 Name: 9.ratas Address : Phoenix Az. Phone: 3. Owner(s) of mineral rights to substance to be mined Name: same Address: Phone: Name: Address: Phone: 4. Source of applicants Legal Right to enter and to mine on the land described: lease (Attach Certified Copy of any Document noted to the Back of This Form) 5. Address of applicant and general office Applicants address: MS Corp Phone: 353-1529 General Office address: 1933 E. 16th St. Greeley Co. Phone: 80631 6. Identify any prior permits for open cut mining held by applicant or affiliated perso • SUP 345 is currently in effect. We are asking for an ammendment to tnliat permit 7. Description of Operation a. Types and number of operating and processing equipment to be employed: 1 screen plant 2 front end loaders 6 conveyors 1 track hoe b. Maximum number of employees: 5 , and number of shifts: 1 c. Number of stages to be worked: 15 , and periods of time each is to be worked: periods will vary from 3 to 5 years depending on which phase d. Thickness of mineral deposit: 27 to 55 feet, and thickness of the overburden: 0 to 5 feet e. This will be a wet//ixT pit operation f. Site entrance/exit points and county roads and bridges to be utilized between site and delivery point(s) (must be coordinated with County Engineer) : entrance road is proposed to be at a point 120 to 150 ft. west of the driveway of Mr. MacNamara. This has the approval of mr. MacNamara and the County engineer. The trucks would then use 16th street or 18th street depending on their destination 8. Description of Rehabilitation a. Proposed rehabilitation land use(s) : recreation/ wildlife habitat b. Source of technical advice for reclamation: c. Explanation of Reclamation Process: reclamation will be an ongoing effort with excavated topsoil stockpiled around the perimatPr fnr futnre use in reclamation. All areas to be reclaimed will be seeded and planted with trees. 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 best of my knowledge. - COUNTY OF STATE OF ''.---1 Signature: Own r Authorize A nt FoR subscribed and sworn to before me this 7- day of ,, , 19c SEAL 4 OTARY PUBLIC My Commission expires � , 672-‘ l ,?(f2i LEGAL DESCRIPTION A tract of land located in the Southeast Quarter (SE!) „ , ) of Section 3, in the Northwest Quarter (NW;) of Section 10 and the Northeast Quarter (NE:) of Section 9, and in the Northwest Quarter (NW;) and in the West Half (W!p) of the Northeast Quarter (NE;) of Section 10, Township 5 North, Range 65 West of the Sixth Principal Meridian, Weld County, Colorado, according to the Subdivision of Lands by the Union Colony of Colorado, and being more particularly described as follows: All recorded distances and bearings mentioned herein are in reference to Book 1580, page 326, Reception Number 1351349 and in Book 580, Reception No. 1501662, Weld County Records: Beginning at the Northwest Corner (NWCor) of said Section 10 and considering the North line of said Section 10 to bear South 89°23'26" East and with all other bearings contained herein being relative thereto: Thence South 89°23'26" East along the North line of said Section 10, 659.65 feet to the Northeast Corner (NECor) of Lot 2 of the Northwest Quarter (NWT) of the Northwest Quarter (NWT) of said Section 10; Thence North 89°54'45" East, along said North line of the Northwest Quarter (NW;) of said Section 10, 1970.44 feet to the Northeast Corner (NECor) of the Northwest Quarter (NW;) of said Section 10 (Recorded North 87°27'55" East, 1980.48 feet more or less) ; Thence North 01°40'50" East along the West line of the Southeast Quarter (SE;) of said Section 3, 198.90 feet (Recorded South 00°46' East 198.9 feet) ; Thence North 86°38'50" East, 92.81 feet (Recorded North 84°12' East, 92.81 feet) ; Thence South 85°27'10" East, 289.70 feet (Recorded South 87°54' East, 289.7 feet) ; Thence South 79°10'10" East, 240.94 feet (Recorded South 81°37' East, 240.94 feet) ; Thence South 69°32'10" East, 295.61 feet (Recorded South 71°59' East, 295.61 feet) ; a Thence South 82°37'10" East, 401.80 feet (Recorded South 85°04' East, 401.80 feet) ; Thence North 07°48'50" East, 23.27 feet to a point on the North line of the Northeast Quarter (NE':) of said Section 10 (Recorded North 05°22' East, 23.27 feet) ; Thence North 89°48'50" East, along the North line of said Northeast Quarter (NE:) , 12.01 feet (Recorded North 87°22' East, 12.01 feet); Thence South 00°10'42" West, along the East line of the West Half (WO of the Northeast Quarter (NE;) of said Section 10, 1329.94 feet; Thence South 89°54'25" West along the North line of the South Half (S!;) of the Northeast Quarter (NE1) of said Section 10, 658.64 feet; Thence South 00°14'13" West along the East line of the West Half (W45) of the West Half (W-) of the Northeast Quarter (NE;) of said Section 10, 884.00 feet; Thence South 85°51'30" Wert, 612.67 feet (Recorded South 83°24'40" West, 612.67 feet) : Thence South 04°06'30" West, 371.63 feet to a point on the North Right-of-Way line of East 16th Street (Recorded South 01° 39'40" West) ; Thence North 90°00'00"West, 30.00 feet to a point on the North Righ-of-Way line of East 16th Street; Thence continuing North 00°00'00" East, 357.20 feet (Recorded North 02°26'50" West) ; The North 90°00'00" West, 225.00 feet :corded South \, 87°33'16 nest, 225.00 feet) ; — Thence South 00°00'00" West, 157.88 feet (Recorded South 02°26'50" East, 157.88 feet) ; _ _ _ _ Thence North 90°00'00" West, 727.95 feet (Recorded South 87°33'10" West, 727.95 feet) ; Thence North 04°24'15" West, 124.50 feet (Recorded :Forth 06°51'05" West, 124.50 feet) ; Thence North 43°19'45" West, 353.55 feet (Recorded North 45°46'35" West, 353.55 feet) ; Thence North 86°30'18" West, 152.30 feet (Recorded Nc:th 89°16'00" West, 138.77 feet, more or less) ; Thence South 01°30'00" West, 620.13 feet to the North Right-of-Way line of East 16th Street (Recorded South 00° 25' East ) ; Thence South 90°00'00" West along the North Right-of-Way line of East 16th Street, 216.58 feet; Thence North 00°00'00" East, 365.30 feet; Thence South 90°00'00" West, 380.95 feet; Thence South 00°00'00" West, 365.30 feet to the North Right- of-Way line of East 16th Street; Thence South 90°00'00" West along the North Right-of-Way of East 16th Street, 543.20 feet; Thence North 00°09'20" East, 190.00 feet; Thence South 90°00'00" West, 50.00 feet; Thence South 00°09'20" West, 190.00 feet to a point on the North Right-of-Way line of East 16th Street; Thence South 90°00'00" West along the North Right-of-Way line of East 16th Street, 50 feet to a point on the West line of the Southwest Quarter of the Northwest Quarter (SW4, NW;) of Section 10; Thence North 00°09'20" East along the West line of said Northwest Quarter (NW:) , 1,953.57 feet to the Southeast Corner (SECor) of Lot 1 of the Northeast Quarter (NE4) of the Northeast Quarter (NE;) of Section 9; i Thence South 89°36'26" West, 331.75 feet to the Southwest Corner (SWCor) of said Lot 1; Thence South 00°02'04" West along the East line of Lot 7 of said Northeast Quarter (NE:) of the Northeast Quarter (NE4) of said Section 9, 329.14 feet to the Southeast Corner ISECor) of the North Half (NI) of said Lot 7; Thence North 89°56'13" West, along the South line of the North Half (N4) of Lots 5, 6 and 7 of said Northeast Quarter (NE;) of the Northeast Quarter (NE;) 989.23 feet to the South- west Corner (SWCor) of the North Half (N1) of said Lot 5; Thence North 00°21'09" East, along the West line of Lots 4 and 5 of the Northeast Quarter (NE;) of the Northeast Quarter (NE:) of said Section 9, 963.89 feet to the Northwest Corner (NWCor) of said Lot 4; Thence North 88°21'22" East along the North line of Lots 3 and 4 of the Northeast, Quarter (NE;) of the Northeast Quarter (NE;) of said Section 9, 652.60 feet to the Northeast Corner (NECor) of said Lot 3; Thence North 87°55'50" East along the North line of Lots 1 and 2 of the Northeast Quarter (NE:) of the Northeast Quarter (NE;) of said Section 9, 663.58 feet to the Northeast Corner (NECor) of said Lot 1, said point being the Point of Beginning. Said tract of land contains 229.89 acres. l T The purpose of this application is to seek an ammendment to an already existing Special Use Permit #345. SUP 34.5 is a sand and gravel mining permit issued to Doeringsfeld and Aratas covering a parcel of land east of Greeley on 16th St. As the permit was originally issued there were several operation standards that are not reasonable nor necessary as things stand in 1985. These operations standards and their proposed ammendments are outlined below. 1. Operation standard #3 calls for a greenbelt to be planted along the entire southern boundry. After the permit was approved Doeringsfeld and Aratas planted a number of Russian Olive and Juniper trees along the southern boundry adjacent to the property that contained homes and property available for development. These trees have flourished and provide a very good screen from any activity taking place to the north. The remainder of the southern boundry consists of farm ground'swamp and planting in these areas would either consume valuable grassland or be wasted in the marshy area. We propose to leave the existing trees in place and not plant any further greenbelt unless this becomes necessary when mining approaches the developed areas. If the greenbelt becomes a factor at that point we believe that the time to develop a greenbelt would be after the marshy area is reclaimed. The plan calls for the marsh to be filled and covered by 1995. 2. Operation standard #5 refers to the access road onto 16th St. The approved access road calls for entry to be made onto 16th St. at a point that is very dangerous and inconvenient. After consulting with the Weld County engineer we decided that a road approx. 220 ft. west of MacNamaras driveway would be best. Enclosed is the report and recommendation from the engineer. 3. Operation standard #6 calls for paving the access road to a depth of the neighbors property. This standard might have been a necessary one at the point that the permit was first issued but with the moving of the access road away from the home of MTS. Kelley we feel that the paving is no longer necessary. We intend to construct the road of gravel and water the road to minimize the dust. We feel that these efforts should alleviate the need for paving. 4. Operation standard #7 calls for a chain link fence to be constructed around each phase of operation during the mining of that phase. This requirement is not only impractical but constitutes a violation of the rules governing construction in the 100 year flood plain. The entire property lies in the 100 year flood plain. To construct a six foot fence in this area would direct flood waters onto neighbors land and cause the continuous destruction of the fence with the yearly flood of the property. Our interpretation of the law is that no structure may be built within the 100 year flood plain that will inhibit the flow of waters through that plain. A six foot fence would certainly inhibit flow of water and would cause diversion of water onto neighboring land. Even if the neighbors would not be affected the cost of building and rebuilding this fence would be prohibitive. This would be a yearly expense since this area floods every spring. This area is very sparsley populated with the closest home to the mining operation being more than half a mile away. When this standard was conceived the local development was an issue. That development never took place and currently the adjacent land is being zoned industrial. On the eastern side of the property there is a seven foot fence bordering the south edge. There is a locked gate in the fence. This is the area that is closest to the existing homes. We own and live on the property adjacent to that gate. The remainder of the south boundry is bordered by homes or farmland. To construct fence along this boundry would involve building it in a swampy marsh or in farm ground. The man farming the ground has indicated that he doesn't want any fence along his boundry. Access to the property anywhere but at the gates would involve crossing private property or a considerable expanse of pasture. If anyone is that determined to enter it is doubtfull that a fence would stop them. We also have a nice herd of deer that have been on this ground for many years. We feel that a fence would inhibit their natural use of the grounds. Part of our plan involves 'raving a resident manager living on the property. This, coupled with living at the other gate, should provide enough security to alleviate the need for fencing. The phasing plan has also been altered as shown on the maps. The remainder of the operation standards are acceptable to us and we feel that those, along with the ammendments requested, will provide us with a set of guidelines that allow for the success of this venture, We look forward to a long and favorable relationship with our neighbors and the conmission. It is our wish that this operation will be a benefit to not only us but to the community as well. We not only work in this area but live closer than anyone else to the pit. We feel that this will help us with understanding the affects of the operation on the people of the area and provide them with a place to voice their objections and suggestions. Please consider these requests and if there are any issues that need clarification feel free to call at your convenience. -/ �_P APPLICANTS WILL COMPLY WITH THE FOLLOWING: OPERATIONS STANDARDS (6.1. 3 .E) 1. No excavation or processing of sand and gravel shall be permitted nearer than 10 feet to the boundary of adjacent property, easement or irrigation ditch or right-of-way, nor nearer than 125 feet to -any existing residence, unless by written agreement the owner or owners of such adjacent property consent to a lesser distance and the Planning Commission approves such lesser distance. The Planning Commission may set a greater distance than mentioned above when, in their opinion, it is justified. ' (Rev. 7/15/70) 2. All sand and gravel operations shall be conducted during ' the hours of daylight except in the case of public or private emergency, or to make necessary repairs to equip- ment. This restriction shall not apply to operation of administrative and executive offices or repair facilities located on the property. 33.. A landscaping greenbelt shall be planted along the entire length of the southern boundary. The greenbelt shall consist of two parallel rows of trees. The southern- - most row shall contain Rocky Mountain Junipers planted 8 feet apart. The northernmost row shall contain Native Plum trees and Russian Olive trees, on an alternating basis eight feet apart. The entire greenbelt shall be planted within five years of approval by the Board of County Commissioners . 4. Existing trees and ground cover along public road frontage and drainageways shall be preserved, maintained and supplemented if necessary, for the depth of the setback in order to protect against and/or reduce noise, dust and erosion. 5. The easternmost access onto East 16th Street shall be utilized as a truck access for a period of time not to exceed 120 days from approval by the State Mined Land Reclamation Board. After the 120 day time limit, this access shall not be utilized by truck traffic. It shall be signed against use for truck traffic and the gate shall be kept locked for public use. The western access onto East 16th Street is approved by the Board of County Commissioners as a truck access. If access to the east to Fern Avenue can be obtained, it is also approved as a truck access. CI Each access road (s) shall be paved from the point of intersection with the public road to a distance within the Special Use Permit area equal to the depth of the neighbor' s land. 0Six foot chain-link fencing shall be erected around each phase prior to extraction of that phase. The fencing shall remain in place until the reclamation is completed for that phase. ..vuncy Lomriissioners . - 4. Existin :rees and ground cover alL public road /�, frontage aid drainageways shall be preserved, ma tained and supplemented if necessary, for the depth of the setback in order to protect against and/or re ce noise, dust and erosron. 5. The easternmost access onto East 16th Sfr'eet shall be utilized as a tr k access for a peril of time not to exceed 120 days f m approval by th ate Mined Land Reclamation Board. After the 120 day time limit, this access shall not be tilized by t-(uck• traffic. It shall be signed against use for trucktraffic and the gate shall be kept locked f pub is use. The western access onto East 16th Street i approved by the Board of County Commissioners as a truck ccess. If access to the east to Fern Avenue can be o a 'ned, it is also approved as a truck access. 6. Each access road ( shall be aved from the point of intersection wi the Public r ad to a distance within the Special Us Permit area equ 1 to the depth of the neighbor' s nd. 7. Six foot chain-link fencing shall b erected around each p ase prior to extraction of th t phase. The fenc ' g shall remain in place until t e reclamation is co , leted for that phase. 8. Where topsoil is removed, sufficient arable soil shall be set aside, for respreading over the excavated area. 9. A portable rock crusher, a concrete plant, and an asphalt plant are permitted with the condition that they shall be restricted from locating within Phases III, IV, V, VI, VI-A, VII, VII-A, and VIII-A in order to maintain a reasonable distance between these portable facilities and the residential uses to the south. 10. Insurance - 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. (Rev. 7/15/70) . 11. A separate emission permit application shall be applied for and obtained through the Weld County Health Depart- ment for a rock crusher, an asphalt plant, or a concrete plant. Also, a fugitive dust emission permit shall be applied for and obtained through the Weld County Health Department. 12. There shall not be any dumping of any kind permitted within the Special Use Permit area either during extraction or during reclamation. July 24, 1985 QUESTIONNAIRE FOR AMENDED SUP-345:85:10 NAME. ADDRESS 1. Should additional landscaping guidelines be required of the gravel pit operator along the southern boundary of gravel pit phases VII, IX, X, and XII? circle one answer YES NO 2. If your answer to question 1 was no, do not answer questions 2 or 3. If your answer was yes, please comment on this question. Indicate the type of landscaping (i.e. trees, shrubs) you prefer. 3. At what point in the sand and gravel operation should additional landscaping along the southern boundary of the gravel pit occur? circle one answer a. After the sand and gravel has been removed from the phases along the southern boundary. b. Prior to extracting any sand and gravel from the phases along the southern boundary. c. Prior to extracting any sand and gravel from the gravel pit. d. Other, please comment. 4. Should any additional fencing or barrier standards be required of the gravel pit operator along the southern boundary of phases VII, IX, X, and XII? circle one answer YES NO 5. If your answer to question 4 was no, do not answer questions 5 and 6. If your answer was yes please comment on this question. Indicated the type and height of fencing or barrier (i.e. berm, wood fence, metal chain length) you prefer. 6. At what point in the sand and gravel operation should the additional fencing or barrier along the southern boundary of the gravel pit occur? a. After the sand and gravel has been removed from the phases along the southern boundary. b. Prior to extracting any sand and gravel from the phases along the southern boundary. c. Prior to extracting any sand and gravel from the gravel pit. d. Other, please comment. 7. Please write down any additional ideas, concerns, or questions you have about the gravel pit as it relates to safety, noise, or visual aesthetics. Thank You for your cooperation in filling out this questionnaire. Rod Allison Department of Planning Services 915 10th Street Greeley, CO 80631 Phone: 356-4000 - Ext. 4400 • -2- Fifth: the value of my property should I ever wish to sell would undoubtedly be greatly reduced by the proposed truck exit. I suggest that there is a viable alternative to using the road or lane that is in question: the pasture east of my house offers a much safer and more satisfactory place for a truck exit road, which could easily be mad7least a hundred feet (1OOI ) from the nearest structures on either side as well as being a safer distance from the bottom of the hill to the west. 1.1r. i-ii.11er, the current leaseholder, has told me he is more than willing to build a road in this area, even to put in a cattle guard if necessary. He also told me that Mci'amaras are agreeable to having the road there. iir. Allier has also told me that he has been required to put a high chain- link fence all around the mining property. This idea has merit but I really see no need for such a fence to be constructed tn my area at this time. For sure no fence will restrain a run-away or out of control truck. I do think the actual mining area should and will be fenced. I am certain that the proposed truck exit, as required by the county at tais time is a real threat to me, and that the alternative is not only reasonable but also ad- vantageous to all concerned. Even though my home is very modest and even though it has not been well maintained in the recent years, it is still my home and I intend to protect it as best I can. I am sure none of the con:issioners or anyone else would be satisfied to have heavy truck traffic practically on his/her patio or in the bedroom as in this situation. I hope you will find my suggested alternative to be a satisfactory solution to this problem. Resjdtf ally ui se L. KeYl—cy cc: Mike hiller llk REFERRAL LIST APPLICANT: MS Corporation CASE NUMBER: Amdnded SUP-345 SENT REFERRALS OUT: March 13, 1985 REFERRALS TO BE RECEIVED BY April 8, 1985 z z m o m o z H z I-a 0 H d (1) ff H � W w w a w H Z 0 ri O U O 0 U O P W U W U z p Z 0 n a z County Attorney (plat only) City of Greeley XPlanning Department L\ XWeld County Health Department ' c/o Ann Jamison XX 919 7th Street Engineering Department Greeley, Colorado 80631 X XX County Extension Agent Mary A. Putnam Greeley Irrigation Company XX Office of Emergency Management , 525 North 35th Avenue Greeley, Colorado 80631 Paulette Weaver Greeley Soil Conservation Serv. Planning Commission Member 4302 9th Street Road J 1725 12th Avenue XX Greeley, Colorado 80634 Greeley, Colorado 80631 X Mined Land Reclamation 1313 Sherman Street Denver, Colorado 80201 State Engineer ATTN: Peter O'Conner X XX Division of Water Resources 00 1313 Sherman S.. , Room 818 Denver, Colorado 80203 State Highway Department t1 X XX 1420 2nd Street Greeley, Colorado 80631 -1 Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, Colorado 80220 Western Hills Fire Protection District ,) 1804 Cherry Avenue Greeley, Colorado 80631 Erre„rsencLi manacyref2± • DEPARTMENT OF PLANNING SERVICES ` PHONE(303)356-4000 EXT.4400 915 10th STREET •iAlm GREELEY,COLORADO 80631 Y a COLORADO April 12, 1985 To all referral entities: Re: MS Corporation Case Number SUP-345:85: 10 has been postponed to May 7, 1985. Proper public notification was not provided in time for the case to be heard on April 16, 1985. It has come to the attention of the Department of Planning Services that the phrasing of the extraction plan has been altered. The map accompanying this letter provides the differences between what was approved and what the applicant proposes. Those phrases that are typed in the individual boxes are those that were approved with the original application. Those stages that are hand written and circled are those changes proposed by the applicant. This additional information is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. If a response from your office is not received within ten (10) days of mailing from our office, it may be interpreted to mean approval by your office. If you are unable to respond within the ten (10) days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by May 1, 1985, so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in this matter. 1. We have reviewed the proposal and find no conflicts with our interests. 2. A formal recommendation is under consideration and will be submitted prior to • 3. Please refer to the enclosed letter. Signe Agency: Date: 0/1-S- D APR 17 1985 es R. Mayerl 652 /7 ''e)L(2 C rent Planner Weld Co. Planning Commission DEPARTMENT OF PLANNING SERVICES PHONE (303)356.4000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 A -V yrit� 3• y6 i ,t, .nd 5 •'yri ,••'1Jytiy' 57? 0 COLORADO CASE NUMBER Amended SUP-345:85:9 March 13, 1985 TO WHOM IT MAY CONCERN: Enclosed is an application from MS Corporation to amend Operation Standards 3,5,6 & 7 of SUP-345 (Open Cut Mining Operation) . The parcel of land is described as part of the SEA of Section 3, NE1 of Section 9, and the NWT and W1 NE14 of Section 10 all in T5N, R65W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is less than 1 mile east of Greeley, north of East 16th Street and west of Fern Street. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. If a response from your office is not received within fourteen (14) days of mailing from our office, it may be interpreted to mean approval by your office. If you are unable to respond within the fourteen (14) days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by April 8, 1985 so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in this matter. 1. Y We have reviewed the proposal and find no conflicts with our interests. 2. A formal recommendation is under consideration and will be submitted prior to 3. Please refer to the enclosed letter. Signe • / e Agency /di L9 irJd. ,l' es R. Mayerl C rrent Planner 1965 "geld Cu. rlsh:n6i� �n�iir�(sssod� • DEPARTMENT OF PLANNING SERVICES • PHONE (303)3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 Wilk COLORADO CASE NUMBER Amended SUP-345:85:9 March 13, 1985 TO WHOM IT MAY CONCERN: Enclosed is an application from MS Ccrporation to amend Operation Standards 3,5,6 & 7 of SUP-345 (Open Cut Mining Operation) . The parcel of land is described as part of the SEA of Section 3, NEB of Section 9, and the NWT and 1411 NE1 of Section 10 all in T5N, R65W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is less than 1 mile east of Greeley, north of East 16th Street and west of Fern Street. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. If a response from your office is not received within fourteen (14) days of mailing from our office, it may be interpreted to mean approval by your office. If you are unable to respond within the fourteen (14) days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by April 8, 1985 so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in this matter. 1. X We have reviewed the proposal and find no conflicts with our interests. 2. A formal recommendation is under consideration and will be submitted prior to 3. Please refer to the enclosed letter. Signed: __&e.i/eirn Agency:ln/GStGr,s A \ s 1' O Date: 3- /9_gs "qPg\-NN es R. Mayerl MAR 2 01985 C rrent Planner Weld Co. Hamlin Commission w DEPARTMENT OF PLANNING SERVICES itfiL: " : � PHONE(303)356-4000 EXT.4400 915 10th STREET 4§ ii; \Iii 411.--. GREELEY,COLORADO 80631 } I r D (- 5-qm07 COLORADO APR 191985li April 12, 1985 To all referral entities: Yield Co. Pluming CHMIlliSSip Re: MS Corporation Case Number SUP-345:85: 10 has been postponed to May 7, 1985. Proper public notification was not provided in time for the case to be heard on April 16, 1985. It has come to the attention of the Department of Planning Services that the phrasing of the extraction plan has been altered. The map accompanying this letter provides the differences between what was approved and what the applicant proposes. Those phrases that are typed in the individual boxes are those that were approved with the original application. Those stages that are hand written and circled are those changes proposed by the applicant. This additional information is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. If a response from your office is not received within ten (10) days of mailing from our office, it may be interpreted to mean approval by your office. If you are unable to respond within the ten (10) days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by May 1, 1985, so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in this matter. 1. We have reviewed the proposal and find no conflicts with our interests. 2. A formal recommendation is under consideration and will be submitted prior to . 3. Please refer to the enclosed letter. Signed: �� _ iLLL Agency: Wz io�S Date: 4—I EN—� 4-i ter' QrtJ .�a c>/:.— ee...- .S es R. Mayerl C rent Planner / DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000 EXT.4400 915 10th STREET GREELEY,COLORADO 80631 0 a-M.7 . 144, it: ,, . P,PR 241985 COLORADO weld Co. Mannint Commission April 12, 1985 To all referral entities: Re: MS Corporation Case Number SUP-345:85: 10 has been postponed to May 7, 1985. Proper public notification was not provided in time for the case to be heard on April 16, 1985. It has come to the attention of the Department of Planning Services that the phrasing of the extraction plan has been altered. The map accompanying this letter provides the differences between what was approved and what the applicant proposes. Those phrases that are typed in the individual boxes are those that were approved with the original application. Those stages that are hand written and circled are those changes proposed by the applicant. This additional information is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. If a response from your office is not received within ten (10) days of mailing from our office, it may be interpreted to mean approval by your office. If you are unable to respond within the ten (]0) days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by May 1, 1985,_ so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in this matter. 1. X We have reviewed the proposal and find no conflicts with our interests. 2. A formal recommendation is under consideration and will be submitted prior to . 3. Pl,e se refer to the enclosed letter. Signed: r() ',,��``' � 7 Agency �� //91.,��Date: 'I� 1. /`Plannin`gjEnvironmental Manager / cc: A. Chotvacs File: Crier-Jacobson C---//, - "'-' aw .eS es R. Mayerl Cu, rent Planner �r • ' S \�\6171819�o DEPARTMENT OF PLANNING SERVICES r •- ^ 0,0 • c PHONE(303)356000 EXT.404 o \,pQ+� S`CG• 4' 915 10TH STREET av`O�SZ p� GREELEY,COLORADO 80631 r .0c3\.\\, 0 ti ® s�oe6-L£0£62 • COLORADO CASE NUMBER Amended SUP-345:85:9 March 13, 1985 TO WHOM IT MAY CONCERN: Enclosed is an application from MS Corporation to amend Operation Standards 3,5,6 & 7 of SUP-345 (Open Cut Mining Operation). The parcel of land is described as part of the SEA of Section 3, NE1 of Section 9, and the NWT and W NE1 of Section 10 all in T5N, R65W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is less than 1 mile east of Greeley, north of East 16th Street and west of Fern Street. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. If a response from your office is not received within fourteen (14) days of mailing from our office, it may be interpreted to mean approval by your office. If you are unable to respond within the fourteen (14) days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by April 8, 1985 so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in this matter. 1. >( We have reviewed the proposal and find no conflicts with our interests. 2. A formal recommendation is under consideration and will be submitted prior to 3. 1 se refer to the enclosed letter. Signed: Agency:( /o4OJ Of��u� ate: ,4/27 -85 EIE es R. Mayerl [1 C rrent Planner 0,41985 Weld Cu. Plating Cam 1IIS iOr • Erse Iverifet3 DEPARTMENT OF PLANNING SERVICES 74.4101131 PHONE(303)356-4000 EXT.4400 91510th STREET GREELEY,COLORADO 80631 APR 16 1985 5O • ?lannie►�tnmm►gtop COLORADO Weld to. April 12, 1985 To all referral entities: Re: MS Corporation Case Number SUP-345:85: 10 has been postponed to May 7, 1985. Proper public notification was not provided in time for the case to be heard on April 16, 1985. It has come to the attention of the Department of Planning Services that the phrasing of the extraction plan has been altered. The map accompanying this letter provides the differences between what was approved and what the applicant proposes. Those phrases that are typed in the individual boxes are those that were approved with the original application. Those stages that are hand written and circled are those changes proposed by the applicant. This additional information is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. If a response from your office is not received within ten (10) days of mailing from our office, it may be interpreted to mean approval by your office. If you are unable to respond within the ten (]0) days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by May 1, 1985, so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in this matter. 1.�We have reviewed the proposal and find no conflicts with our interests. 2. A formal recommendation is under consideration and will be submitted prior to 3. I�r Please refer to the enclosed letter. Signed: ��./ � 4 t cs orn — „cam, Date: 4' 16 'FS: ("6" es R. Mayerl / C rent Planner If O *6 ] , .O 1E7111 1) L '''',1 / ,_ ,_, u Q,c,g,c) x �J Rod Allison µr` ° "r`a',sl To P1 anni ng Department pate_ Septe be!5, 1985 COLC1,ABCD From Drew L. Scheltinga,nga, County Engineer Subject. Amended SUP Operation Standards for MS Corporation Attached is a letter and sketch from Michael Miller addressing his proposed access road and dust abatement program. We have inspected the access in the field and have no objection to its location or configuration. From his letter and subsequent discussions , Mr. Miller has demonstrated he is aware of the materials and processes to be used to control dust. Mr. Miller has indicated he will use a combination of waste oil and commercial chemicals and water if necessary in his dust abatement program. C(I'r\ peci . Use Perm. plat. have not en that .lat and/ l D §1)Filj \Sii \j :.,ir 05 19E3 DLS/bf xc: Michael Miller, M & N Excavation and Trucking, 1933 East 16th Street, Greeley, CO 80631 MExcavation & Trucking 1933 E.16TH ST. GREELEY, 80631 (303)353-1529 529 8-15-85 Weld County Engineering Dept. 933 11th Ave. Greeley, Colo. 80631 Dear sirs, The operations standards set by the commissioners concerning the gravel mining operation of MS Corp. on east 16th St. state that we must submit to you the plans for construction of our access road onto 16th St. We plan to build the road using pit run material borrowed from the adjacent property. The road will be built up to the existing grade of 16th St. At the street the road will be app. 100' wide tapering down to 45' at a point 85' north of 16th St. From that point on the road will be app. 30' in width up to the scale house. We will water the road to settle and pack the material. The road will be surfaced with waste oil as it becomes available. We also plan to use a dust control chemical in conjunction with the oil. In the event that this does not adequately control dust we are prepared to install a permanent sprinkler system adjacent to the road to water the dust. The secondary access road will be oiled as we have been working on for the past several months. We feel that these measures will be adequate tp control the dust. If you have any questions please feel free to call. Sincerely, CA-LaCift-at- Michael Miller MExcavation & Trucking & 1933 E.16TH ST. GREELEY, 80631 M (303)3(303)353.1-1 529 0 45 a o ta O 11 mET1ORAflDUm wiiiiine James R. Mayerl To Planning Department Date March 19, 1985 COLORADO From Donald R. Carroll , Administrative Manager - Engineering Dept. Subject: MS Corporation - SUP 345 We have reviewed the application from MS Corporation to amend Operation Standards for open cut mining operation. Operation Standard #6 In our own experience watering haul roads is not satisfactory because evaporation in this climate is very rapid. If the owner agrees to provide an adequate dust abatement program on the access road from pit area to 16th Street. Asphaltic emulsions, waste oil or commerically available chemicals may be used to control dust. The owner is responsible for using materials and methods not inconsistent with any federal , state or local law, rules or regulations pertaining to hazardous materials, health or environmental protection. If the dust abatement program is not effective the applicant should be required to pave. D INdgY7\-, F MAR 2 01985 IMO N. Plano,, Zom¢aissiaa DRC/bf ....LD COUNTY ENGINEERING DEPARTMEP. COUNTY ROAD ACCESS APPLICATION TO: ENGINEERING DEPARTMENT RETURNED TO: BUILDING INSPECTION DATE: /O -- /5 -a'¢ DATE: • BY: U,_,. N. lidt BY: ljetuo�� CeV'w.:4r it -3,45 APPLICANTS NAME D LOCATION J 5 an. E 1 ep-k COUNTY ROAD NO. AND/OR STREET 16,+1- 51-veO1 SUBDIVISION NAME LOT AND BLOCK NO. OF FEET FROM GIVEN POINT COMMISSIONER'S DISTRICT NO. PLANNING COMMISSION'S COMMENTS SKETCH OF ACCESS LOCATION 12 ge pI5 d • 1600.•C. 14 /61 tit A!j 0,60...4 iSOO' (.+lode- fait • I ' TYPE AND MINIMUM SIZE OF.TUBE RECOMMENDED icy ho rte= �nr c-MP ENGINEERING DEPARTMENT'S COMMENTS -fl,e, avea N.o.tiloL 3iv/�c. ac�c4S Ca f /li f4 'tDr rK�•th More- }kit The_ oic p0 41t-e. L .€i mv.+ ey ••l0 w`oV (441-V C, NO 411"C, FNO��re.— S SugCs� � " sick oT ��+� �� j ass ' p -Fop e, 11 MA ALUMINUM PIPE NOT ACCEPTABLE 5/7/74 FORM # 2 �F COlO RICHARD D LAMM Q"' 4; s� ) O JERIS A DANIELSON Governor State Engineer -,'1876 OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 April 23, 1985 Mr. James R. Mayerl Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: MS Corp, Amendment to SUP-345:85:9(or 10) Dear Mr. Mayerl: In regard to changes in MS Corp's application for a special use permit, our letter, dated April 15, 1985, remains unchanged. All our comments in that letter still apply. Sincerely, 4,0 Hal D. Simpson, P.E. Assistant State Engineer HDS/JCM:ma/4626H D nro�1�1 I Ir..' 2`, 1985 Weld Co. Planning Commission / City of GREELEY CIVIC CENTER, GREELEY, COLORADO 80631 (303) 353-6123 Greeley April 26, 1985 Current Planner Weld County Dept . of Planning Services 915 10th Street Greeley, CO 80631 To Whom It May Concern : The City of Greeley Planning Commission reviewed the Phasing Plan Revisions for an Open Pit Gravel Mining Operation (SUP 345: 85: 9) requested by M.S. Corporation for property located on East 16th Street . The other amendments to this Special Use Permit were reviewed earlier and those recommendations were described in a letter to you dated March 29, 1985. The Commission recommended denial of the revisions to the phasing plan . The Commission noted that the revised plan would result in the mining of the southern boundary areas in later phases than the originally approved plan . The mining of the southern boundary areas earlier will allow for these areas to act as a buffer between future development around the pit and the mining operations . Thank you for the opportunity to review this request . Please contact us with any questions you may have . Sincerely, �Cl Rebecca L. Safarik Community Developmen Director RLS:vls APR 29 1985 Weld Co• Planr+►ng Doll'"'" J City ef GREELEY CIVIC CENTER, GREELEY, COLORADO 80631 (303) 353-6123 Greeley March 29, 1985 Jim Mayerl , Current Planner Weld County Dept. of Planning Services 915 10th Street Greeley, CO 80631 Dear Jim: The City of Greeley' s Planning Commission has reviewed the application for an Amendment to a Use by Special Review (SUP-345: 85: 9) requested by M.S. Corporation for property located on East 16th Street . The Commission recommended approval of the revision to Operations Standard #5 relative to the change in the access location in that it is safer than the existing access and recommended denial of the revisions to Operations Standards #3, #6, and #7. The Comprehensive Plan of the City notes that this area should develop out in a residential format . The City anticipates that the pressure for this area to develop will exist prior to the termination of the gravel operation ( 30-40 years) . The Commission believes that the landscaping should be done at this time along the south boundary of the property to allow it time to mature before the mining operations encroach near those boundaries . The fencing of each phase must be maintained in order to assure the safety of existing and future surrounding residents . This concern is paramount . The Commission also supported the maintenance of the paving requirement for the access road to reduce the dust impact on adjacent properties . The developers proposal to water the road will be not only difficult to moniter but may also be relatively ineffective. Thank you for the opportunity to review this request . Please do not hesitate to contact us with any questions or concerns . Sincerely, D ��L. Safarik P5qRr - Rebecca ASR 0 � �985 Community Development Director Weld Co. Planing Commission J �OF Culp • RICHARD D LAMM /'F -It 3i '` JERIS A DANIELSON Governor State Engineer am T 41 NUM�T .l 18764` OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 April 15, 1985 pAvW r.[ PR18 9B5 Mr. James R. Mayerl Weld County Planning Department Wed to. �ianntW ComiiiMian 915 10th Street Greeley, CO 80631 Re: MS Corporation, Amendment to SUP-345:85:9 Dear Mr. Mayerl: As requested, we have reviewed the above referenced amendment to a special use permit application to mining sand and gravel 1 1/2 miles east of Greeley in Weld County. We have no problems with the amendments to the operational standards. We would like to comment on the original application since we were not afforded the opportunity to do so earlier. MS Corporation plans to create 128 acres of lakes in the mining operation. The proposed future use is agricul- tural. We believe the lakes will also be used as a wildlife habitat. Using an impoundment of water for recreational purposes, including fishery and wild- life, has been defined in Section 37-92-103, CRS (1973), as putting the water to beneficial use. Since the source of water for the lakes that will be created by the gravel pit operation is ground water and the ground water will be used beneficially, we require that a well permit be obtained from our office. The applicant should submit an application for a well permit as soon as possible to this office. Otherwise, MS Corporation will be in violation of Section 37-90-137, CRS (1973). Since the gravel pit is located in an over- appropriated basin, the well permit could not be obtained until a court approved plan for augmentation has been developed. The correct procedure to obtain a well permit is as follows. MS Corpora- tion should first file for a well permit with this office. The well permit will be denied since the proposed gravel pit is located in the over-appropri- ated South Platte River basin. Before receiving this denial, MS Corporation could submit a plan for augmentation to the Water Court. The augmentation plan should replace the out-of-priority consumptive use associated with lake evaporation and any other out-of-priority consumptive uses. Upon the court's approval of the plan for augmentation, this office can issue the well permit. The Water Court can only act upon the plan for augmentation after we have denied the original well permit application or if we have not acted upon the well permit application within six months. Mr. James R. Mayer' Page 2 April 15, 1985 "Plan for augmentation means a detailed program to increase the supply of water available for beneficial use in a division or portion thereof by the development of new or alternate means or points of diversion, by a pooling of water resources, by water exchange projects, by providing substitute supplies of water, by the development of new sources of water, or by any other appro- priate means. . ." (Section 37-92-103, CRS (1973),(9)). MS Corporation should devise an augmentation plan to replace the out-of-priority consumptive use associated with pond evaporation and other out-of-priority consumptive uses of water. Section D of the original application mentions five shares of the Greeley Irrigation Company and shares of the Fulton Irrigation Ditch Company that could be used in such a plan for augmentation. We may order MS Corporation to cease operations if our Water Commissioner determines ground water is being exposed or pumped out without a well permit or water is being diverted illegally for beneficial purposes. Sincerely, Itbv4...-- al LD. Simpson, P.E. Assistant State Engineer HDS/JCM:ma/4600H cc: Jim Clark, Div. Eng. Keith Delventhal, Water Comm. MAR MAR 14 NC 0 rDEPARTMENT OF PLANNING SERVICES 11 IN PHONE (303)356-4000 EXT.404 Y-�y�� Q, 19p5 915 10TH STREET I C3 GREELEY,COLORADO 80631 I p Weld Co. Planning CQ�miss• o� • COLORADO CASE NUMBER Amended SUP-345:85:9 March 13, 1985 TO WHOM IT MAY CONCERN: Enclosed is an application from MS Corporation to amend Operation Standards 3,5,6 & 7 of SUP-345 (Open Cut Mining Operation). The parcel of land is described as part of the SEA of Section 3, NE1 of Section 9, and the NWT and W NE14 of Section 10 all in T5N, R65W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is less than 1 mile east of Greeley, north of East 16th Street and west of Fern Street. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. If a response from your office is not received within fourteen (14) days of mailing from our office, it may be interpreted to mean approval by your office. If you are unable to respond within the fourteen (14) days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by April 8, 1985 so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in this matter. 1. We have reviewed the proposal and find no conflicts with our interests. 2. A formal recommendation is under consideration and will be submitted prior to 3. X. Please refer to the enclosed letter. Signed Agency:V ...# e ,Ic7 Date: y r-8r es R. Mayerl C rrent Planner United States Soil 4302 West 9th St . Rd . Department of Conservation Greeley , Colorado Agriculture Service 80634 April 8 , 1985 Milton Baumgartner , Pres . West Greeley SCD P .O. Box 86 Greeley , CO 80632 Dear Milt : This letter is in regard to a Weld Co . Referral for the MS Corp . to amend Operation Standards 3 , 5 , 6 and 7 of SUP-34 (Open Cut Mining Operation ) location in SE 1 /4 of Sec . 3 , NE 1 /4 of Sec . 9 and NW 1 /4 plus W 1 /2 NE 1 /4 Sec . 10 , T5N , R65W, 6th P .M. , Weld Co . , Colorado . The site is located 1 mile east of Greeley , north of East 16th St . and west of Fern St . SUP-345 Operation Standard 3 requires a shelter belt or green belt to be planted around perimeter of property near the urban areas to provide screening both visual and sound barrier to the mining operations . We feel the green belt requirement isn ' t unreasonable for a suburban gravel mining operation . It is unreasonable to require tree and shrub planting in those areas not suited for planting such as the marshy ground . However , the remainder of the south boundary could easily be planted whereis isn ' t currently in Cottonwood . The permittees statement concerning the reclamation of the swampy areas by 1995 indicates the need for immediate attention for tree planting . The planted visual barriers would not likely be effective until 1992 or 1993 as these trees do tale time to grow. We recommend that Operation Standard 3 remain as permitted with the exception of immediate filling and planting of marshy area . SUP-345 Operation Standard 5 dealt with the location of haul road from site . The proposed amendment would be to change to a safer location . We recommend that the haul road be changed to an alternate location and Operation Standard 5 be amended . SUP-345 Operation Standard 6 deals with paving access to edge of the adjacent property owner ' s boundary . With the amendment of Operation Standard 5 , ( the changing location of haul road ) , the permittee feels that paving of the access road isn ' t necessary . From our on-site observation , we feel that the haul road should be paved a required distance north of 16th St . to provide for a dust-free buffer for trucks leaving the site . We feel it would be much safer for traffic if the haul road is paved north of the roadway . We recommend retention of Operation Standard 6 . SUP-345 Operation SLdodard 7 deals with perirne _ _ fencing . Permittee wishes to amend standard by eliminating the fencing requirement . The intent of the fence is for public safety , primarily children . Currently , all mining operations in north Greeley operate under the same regulations concerning fences . The operation is geographically very similar . The structure building restriction in the 100 year flood plain doesn ' t , I believe , refer to chain lint. fencing . If the fence is being flooded out each year during high water , then the area is below the 100 year flood plain and is in the 5 year flood plain or less . , We feel that the fencing standard should remain . Also , if the perimeter was fenced in entirety , it would not require reconstruction of the fence each time a new area was opened up and mining operation expanded . Sincerely , Ronald D . Miller District Conservationist SCS Greeley Field Office kep e p , • l ,, D 7f57flDEPARTMENTOFPLANNU\JGSERVicES PHONE(303)356-4000 EXT.404 915 10TH STREET MAR GREELEY,COLORADO 80631 t19e5IJ luau Misr LEura o i • COLORADO CASE NUMBER Amended SUP-345:85:9 March 13, 1985 E-DiN r`1��N-� f MAR 2 01985 rI r� TO WHOM IT MAY CONCERN: Weld Co. Islanrrig Commission Enclosed is an application from MS Corporation to amend Operation Standards 3,5,6 & 7 of SUP-345 (Open Cut Mining Operation) . The parcel of land is described as part of the SEA of Section 3, NE1 of Section 9, and the NWT and Wil NE14 of Section 10 all in T5N, R65W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is less than 1 mile east of Greeley, north of East 16th Street and west of Fern Street. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. If a response from your office is not received within fourteen (14) days of mailing from our office, it may be interpreted to mean approval by your office. If you are unable to respond within the fourteen (14) days (but wish to do so at a later date) please notify our office to that effect. 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"Y, .. \iisik : d,e• . r. 'i.' .irk ♦At >'^ >e x--s< h.4\Yka />'� i�� ,' • r „t ,`,'T 'v4 w .- .+ \ 1. `}i . .. . , <,::t:, r :rb" ,.»j:>n t a ` ronMIR•'h'�1!' , .. , g S < r w�• s mar 7 SAND AND GRAVEL MINING LEASE THIS LEASE is made and entered into this day of 1985, by and between DOERINGSFELD AND ARATAS, a partnership, whose address is 11427 South Tomah Street, Phoenix, Arizona 85044, hereinafter referred to "Lessor" and M.S. CORP. , a Colorado corporation, whose address is 1933 East 16th Street, Greeley, Colorado 80631 , hereinafter referred to "Lessee". 1. GRANT. Lessor, in and for the consideration of the royalties hereinafter to be paid by Lessee to Lessor, and the mutual covenants and conditions hereinafter expressed, hereby demises and Jets to Lessee the following described property, hereinafter referred to as "Property", for the purpose of quarrying, mining, removing, storing, treating, processing, and marketing therefrom all sand, gravel, rock, clay, topsoil, squeegee and other aggregate, hereinafter referred to as " Material", and the uses set forth in Paragraph 6 herein, to-wit: 232 ares, more or less, one mile east of Greeley, Colorado, owned and controlled by Doeringsfeld and Aratas, a partnership, the legal description of which is attached hereto as Exhibit "A" together with all water, water rights, ditches, and ditch rights appurtenant thereto, including, but not limited to, five shares of the capital stock of Greeley Irrigation Company, and together with all improvements now located thereon. The above entitled sand and gravel mining lease is specifically made subject to those certain leases now in effect granted to Jerry G. Miller, The American Sportsmen's Club, and Andersen's Salvage, and that the above described lease to M.S. Corp. as Lessee, is specifically made subject to the above described leases and the term of existence of these other above described leases, or any renewal or extension thereof. It is further recognized and understood by the parties hereto that as and when these other leases which are hereinabove described terminate, that Lessee herein shall have the first right of refusal of entering into a lease with Lessor herein covering the lease on the terms and provisions that were heretofore entered into by the prior lessee, subject, of course, to such modifications and changes as desired by the Lessor herein, and in each instance, the Lessee herein shall have a period of ten days within which to exercise his right of obtaining said lease, and in event the Lessee herein shall fail and/or refuse to accept the terms and provisions of the proposed lease arrangement, then, in such event, the Lessor herein shall have no further obligation to the Lessee herein, and the Lessee shall continue to be subject to the terms and provisions of the lease in event such a lease is entered into by the Lessor herein with a third party. At no time shall Lessee occupy more than 100 acres in connection with its above described mining operations. It is further recognized and understood by the parties hereto that Lessor is the owner and in control of oil and gas and other hydrocarbons in, on and under the above described premises, and that this lease is not intended to grant or lease in any way to Lessee herein any rights to any of the oil, gas and other hydrocarbons in, on or under the above described premises, or to any other minerals or mineral rights other than those as hereinabove described as constituting the Material involved, and that this lease shall be subject to any and all such oil, gas or hydrocarbon leases now in effect or hereafter executed by the Lessor during the term of this lease. 2. TERM. This lease shall be in effect f,, a period of ten years, commencing with the date of execution of this lease by both of the parties hereto, and continue thereafter for a period of ten years. It is further agreed that should this lease be executed before May 1 , 1985, the period of ten years shall extend until May 1, 1995. 3. OPTION TO RENEW LEASE. The Lessee herein shall have the option to extend and renew this lease upon the same terms and conditions as herein contained, for an additional period of ten years, provided, however, that the minimum royalty guarantee provisions shall be in full force and effect and effective during the entire ten year period of the extension of this lease. Any termination of this lease during the initial term shall terminate all rights of any further extension hereunder. Notification of the exercise of the option to extend and renew the above described lease for the additional ten year period must be given by Lessee to Lessor in writing, at the address as hereinabove described, or such other address as shall hereafter be provided by Lessor to Lessee, no later that one year prior to the termination of the above described initial term of this lease, with said notice to be given by certified mail, return receipt requested, or personally to the Lessor herein. 4. ROYALTIES. Lessee shall pay the Lessor the sum of $0.24 per ton for all Material sold or processed and removal of said Material from the property, said payment to be made by Lessee to Lessor whether or not Lessee receives payment from the purchaser of said Material. Lessee agrees to make said royalty payments on or before the 20th day of each month following the sale or removal of said Material. Such payment shall be made by Lessee to Lessor's address as above described, or such other address as shall hereafter be provided to the Lessee. There will be no guaranteed royalty due from Lessee to Lessor until May 1, 1985. There will be guaranteed royalty payments due from Lessee to Lessor based on production of: (l ) 50,000 tons of Material for the period May 1 , 1985 to April 30, 1986; (2) 75,000 tons of Material for the period May 1 , 1986 to April 30, 1987; (3) 100,000 tons of Material for each one year period starting May 1 , 1987. 'it is hereby recognized and understood by the parties hereto that the guaranteed royalties shall be due and payable from the Lessee to Lessor regardless of the quantity of production which actually occurs on the premises and shall be payable on or before the 20th day of May following each heretofore described period for guarantee. 2 __...Y....d - In the event that the lessee herein shall desire to sell, transfer or assign Lessee's interest in this sand and gravel mining lease, or any part thereof. Lessee shall be required to obtain Lessor's consent, permission and approval, in writing, in advance, prior to any such sale, transfer or assignment. In event of any such sale, transfer or assignment, the provisions pertaining to payment of the guaranteed royalty, at the discretion of the Lessor, shall be subject to change, modification and revision thereof. Lessee shall be required to furnish and provide to Lessor satisfactory information regarding the status of the proposed "new" lessee or assignee, in event of any such proposed sale, transfer or assignment. Lessee agrees to keep a strict and accurate record of all Materials sold and/or removed from the leased premises and all sales thereof, and Lessor shall have the right and privilege at reasonable times, of examining the mining procedures and checking the books and records of Lessee for the purpose of verifying the amount of royalties due and payable. S. ADJUSTED ROYALTIES. Royalties shall be adjusted every anniversary of this Lease (May 1st) ; Lessor shall deliver to Lessee a copy of the Consumer Price Index (hereinafter referred to as "Index") , for the United States as a whole and for all items, of the Bureau of Labor Statistics of the United States Department of Labor for the month in which the Lease commences, which is hereinafter referred to as "Base Index", and for the corresponding month for the year which immediately follows the anniversary date of the Lease, which is hereinafter referred to as "Current Index". If the Current Index shows a decrease in the purchasing power (determinated by dividing the Current Index by the Base Index and subtracting the integer ; any resulting positive number to be deemed the percentage increase in the cost of living and the decrease in the purchasing power) of the royalties as compared to the Base Index, Lessor as soon as possible after the delivery of each Current Index subsequent to the Base Index, sh, ' 1 furnish Lessee •'ith the computation of the additional royalty, if any, to he paid by Lessee fur the subsequent year in question. Pending the determination of the additional royalties, if any, to be paid by Lessee, Lessee shall continue to pay the royalties as hereinabove described and when the additional royalties have been determined, Lessee, on the first day of the month immediately following the furnishing by Lessor to Lessee of the computation thereof, shall pay to Lessor the amount of additional royalties accrued from the commencement of the applicable subsequent year. If at the time required for the determination of the additional royalties the Index is no longer published or issued, or if at the time either Lessor or Lessee is of the opinion tha the Current Index does not accurately reflect, in relationship to the base Index the purchasing power of the royalties, the parties shall use such other index as is then generally recognized and accepted toi similar determination of purchasing power. 6. SURFACE RIGHTS. Lessee shall have full right of ingress and egress to the Propexty, which rights of access shall be from and to 16th 3 Street at locations and routing designated by mutual agreement and zoning regulations. Lessee shall have the right to make use of all roadways presently existing on the Property and shall have the further right to build such additional roads as may be necessary for the production and removal of Material hereunder. Tn building such roads, Lessee may use Material from the Property, and Lessee shall not be required to pay royalties to Lessor for Material used. Lessee shall maintain all such roads in a manner and condition so as to reasonably minimize the dust resulting therefrom. Lessee shall have the right to install the necessary equipment, including, but not limited to, crushers, asphalt plants, concrete ready-mix plants, conveyor belts, and excavating equipment, on the Property, for the purpose of excavating and processing the Material . The locations of such necessary equipment on the Property shall be in the sole discretion of Lessee. Lessee may erect such plant or plants, including, but not limited to, concrete ready-mix plant, hot batch plant, crushing plant, all subsidiary plants and all related support equipment on said Property, to process the Material or material from other real property. Such plants may be located and sited at locations on said Property selected by Lessee and in Lessee's sole discretion. All selections of sites for location of equipment, improvements and the conducting of operations on the above described premises, shall be in accordance with and in full compliance with zoning rules and regulations applicable thereto and with all applicable governmental provisions and requirements pertaining thereto. Lessee shall have the right to store all crushed or processed Material extracted and mined from said Property or other property during the term of this lease, provided, however, that Lessee shall make suitable and adequate accounting to Lessor for all material brought onto the Property from other premises and removed therefrom. Lessee shall have the right to process on the Property Material extracted from other real property, without payment of royalty to Lessor. In the event of termination of this Lease by expiration of the term hereof, or for any reason whatsoever, Lessee shall have 90 days from said termination to remove all crushed or processed Material so stored. in the event Lessee has not removed all crushed or processed Material so stored within 90 days after the termination hereof, the title to such Material shall automatically revert or become vested in Lessor. Lessee shall have the right to drill water wells on the Property for use in connection with the mining operations thereon, provided, however, that the drilling of any and all such water wells are done and performed in full and complete compliance with all applicable laws, rules and regulations. On permanent cessation of the use of any such well, or on termination hereof, Lessee shall leave well and the casing therein for the use of Lessor, but lessee may remove such equipment, including, hut nut limited to, pumps, motors and drilling equipment, used in connection with the drilling or use of such well , and provided further, that lessee shall assign and transfer to Lessor all right, title and interest in and to said wells and permits thereto. Lessee shall have right to build such ditches, drains, and pipelines and to construct water storage facilities and to store or control water 4 necessary for the excavating and processing of said Material . Lessee agrees to maintain such ditches and all existing ditches in a manner and condition reasonably calculated to allow the use thereof. Lessee shall construct and maintain such fences or other structures bordering the areas on the Property upon which it is conducting operations as may reasonably be required by any appropriate governmental authority. In the event of any termination hereof, fencing and such other structures or improvements shall automatically revert to the Lessor and become vested in the Lessor. 7. MINING METHODS AND RECLAMATION. Lessee may use mining methods as is in its sole discretion shall establish so as to fully mine the Property commensurate with any restrictions placed upon the operations by any proper governmental authorities. Lessee will purchase all reclamation bonds and be responsible for all reclamation as required by zoning and mining laws, and by any proper governme► al authorities. It is further recognized by the parties hereto that this lease, and the terms and conditions contained herein are made expressly subject to Lessee's obtaining any and all required permits or designated approval from the applicable governmental authorities involved, including the payment of any and all such fees or other expenses incurred therewith, and the posting of applicable bonds where required, including the obtaining of permit from the Mined Land Reclamation Division of the Department of Natural Resources of the State of Colorado, and the posting of the appropriate bond therefor. It is further recognized by Lessor and Lessee that by and large the Property in question as hereinabove described 's currently subject to Special Use Permit No. SUP 345 heretofore issued auu approved by the Board of County Commissioners of Weld County, Colorado, and that the Lessee is entitled to any and all rights, privileges and benefits accruing thereunder, subject to any and all obligations and responsibilities as outlined under the terms and provisions of said Special Use Permit. In the event that Lessee desires to modify or change any of such terms and provisions of said Special Use Permit, the Lessee shall be entitled to do so at its own expense, subject to the prior written consent and approval thereof being obtained from and by the Lessor herein, which consent and approval shall not unreasonably he withheld. 8. TAXFS AND RENTS OF PROPERTY. Lessee agrees to pay real estate taxes levied against the Property exceeding the sum of $1 ,057.00 per calendar year, or the prorate portion thereof, for any portion of less than a full calendar year, with all of said sums to be paid by Lessee to Lessor within thirty (30) days of the mailing of the applicable tax notice. Lessor will pay such taxes and assessments as levied against the Property up to the amount of $1 ,057.00 per calendar year. All rents received from the American Sportsmen' s Club, Jerry C. Miller and Andersen's Salvage, and their heirs, personal representatives, successors and assigns, are to be paid to the Lessor and are to be the sole property of the Lessor. 5 9. INDEMNIFICATION OF LESSOR. Lessee agrees to indemnify and save harmless the Lessor against liability of and from all claims for damages, loss and injuries to persons or property that result from the activities of Lessee or its agents or employees during the term hereof, except as otherwise provided herein. Lessee agrees to keep the Property free and clear of all liens, claims, and encumbrances arising out of or in any way connected with Lessee's operations on the said Property. Prior to commencement of activities upon and within the leased Property, and at its sole expense, Lessee shall furnish Lessor with certificates of insurance from an insurance company duly qualified to do business in the State of Colorado, and which company is suitable to the Lessor herein, denominating Lessor and Lessee as insured parties, as their interests may appear, and thereafter from time to time not less frequently than annually, evidencing insurance coverages in minimum limits as follows: $250,000 for injury to or death of any Minimum person, and Insurance $500,000 for injuries or death occasioned Coverage from any one accident, and Is $250,000 for property damage arising Specified out of any one accident In addition, and at all times during the term of this lease, Lessee shall provide certificates of insurance, from time to time not less frequently than annually, reflecting minimum required coverages under all workmen's compensation laws and regulations then in effect to which Lessee is then subject. Further, in addition thereto, said insurance coverage shall provide that notification of at least twenty days must be given by the insurer (the insurance carrier) to the Lessor herein of any proposed termination, cancellation, or discontinuance of insurance coverage under said policies, in order for said termination, cancellation or discontinuance to be effective. 10. LESSEE WARRANTY. Lessee agrees to use its best available efforts and reasonable diligence to quarry or extract all Material , in Lessee's sole discretion, available from Prcperty. 11. RIGHT OF TERMINATION-LESSEE. Lessee may terminate this lease at any time, by providing 90 days advance written notice of said election to terminate. Lessee shall surrender possession of the Property to Lessor at the end of said notice period, subject to the provisions hereof, and shall properly execute and deliver to Lessor a recordable instrument of release. 12. RIGHT OF TERMINATION-LESSOR. Should the Lessee fail to make royalty payments on time, fail to adhere to County, State and/or Federal regulations pertaining to mining, processing or movi g Material , fail to carry specified insurance and bonding, fail to reclaim lands as required 6 .._ _ by County and State regulations and, if Lessee sha 1 fail or refuse to comply with any of the terms of this lease hereof, then at the option of the Lessor, Lessor may give written notice to Lessee of such default, and unless the default is corrected by the Lessee within 90 days after the receipt of such notice by Lessee, then the Lessor shall have the option to terminate this lease and the Lessee shall quietly and peacefully surrender the Property to Lessor, subject to the provisions hereof. 13. LESSOR MAY INSPECT LESSEE'S PREMISES. Lessor, and their duly authorized agents and representatives, shall at all reasonable times have the right of entering the facilities of Lessee in, upon and under the lands subject to this lease, for the rurposes of inspection, examination, survey or measurement for any rig.cful purpose reasonably incidental to this lease, including the right of inspection of the scale facilities. as well as the books and records of the Lessee relative to production therefrom. 14. RELEASE OF LANDS. Lessee shall, with respect of and upon being furnished legal description and survey by the Lessor, release from the provisions of this lease any lands that Lessee, in its sole discretion, determines unsuitable for the purposes set forth in the said lease. Should the released lands be offered for sale during the term of this lease, or any renewal or extension thereof, the Lessee shall then have first right of refusal of purchase under the same terms and conditions of any bona fide offer of purchase acceptable to the Lessor. The Lessee shall have a period of 15 days from the date of mailing of notification of the bona fide offer to purchase which is determined by Lessor to be suitable and acceptable within which the Lessee shall have the right to exercise the first right of refusal to purchase said parcel, provided, however, that the first right of refusal shall not be applicable to any condemnation proceedings or property transfers made in lieu of condemnation proceedings, nor shall said first right of refusal of purchase be applicable to Lessee herein in connection with real estate exchange transactions with neighboring landowners. 15. LESSFE SHALL PROVIDE AND MAINTAIN SUBJACENT AND LATERAL SUPPORT. Lessee shall so conduct its operations hereunder as to avoid violation of any rights in lateral or subjacent support now belonging to any person, other than the Lessor or tenants of Lessor, who may own the surface of any part of the lands included herein, or who may own adjoining lands or be a lessee of adjoining lands for any lawful purpose. In event of issues respecting damages to any such person or to any public highway on any part of the lands included herein or adjoining lands, or to the person or property of anyone lawfully Upon such highway, which damages is asserted as a result of Lessee' s operations, Lessee shall and does hereby assume all responsibility, without claim upon the Lessor except to their assistance and support in the proper defense of all rights granted by the lease, and Lessee hereby assumes the obligation for all costs and expenses in connection with such defense or proceedings. 7 16. PROCEDURE UPON TERMINATION. In the event of termination of this lease by expiration of the term hereof, or for any reason whatsoever, the Lessee agrees to surrender the Property in a clean and orderly manner. The Lessee however, shall have the right to remove machinery, plants, and all equipment placed by it or owned by it within or on the Property. The Lessee shall have the right to effect the removal of such machinery and equipment prior to the expiration of this lease or within 90 days thereafter. Any such machinery or equipment not removed prior to the expiration of said period of 90 days following termination hereof, shall be deemed affixed to the Property and shall become and remain the property of the Lessor. 17. PROCEDURE FOR ARBITRATION. In the event of any dispute arising out of the terms of this lease, the matter shall be submitted to arbitration before a panel of duly qualified and acting members of the American Arbitration Association, consisting of a designee selected by the Lessee, a designee selected by the Lessor, and a third member selected by the two previous nominees. In the event for any reason that the designee selected by the Lessor and the designee selected by the Lessee are unable or unwilling to or fail for any reason to select a third member within a period of 30 days from the date of selection of the designee by the Lessor and Lessee, respectively, then in such event, the Chief Judge or acting Chief Judge of the Weld County, Colorado District Court shall he authorized and empowered to select the third member of the arbitration panel. Further, in event for any reason either of the parties hereto shall fail and/or refuse to select a ✓ designee, then similarly, under said circumstances the Chief Judge or acting Chief Judge of the Weld County, Colorado District Court shall be authorized and empowered to select a designee for the party failing and/or refusing to make such selection. In the event of any such dispute arising out of the terms of this agreement where the request is made for the selection of a panel, the respective parties hereto shall make such selection within a period of 30 days following the request to make selection of said panel member. In the event that either of the parties hereto shall fail to make the selection of the designee on their behalf, then in such event, the Chief Judge or acting Chief Judge of the Weld County, Colorado District Court shall be authorized and empowered to proceed forward as hereinabove described. The decision and award of the arbitrators or a majority of them, shall constitute binding determination with respect to the parties, and said determination may be entered and enforced as a judgment of law in the court or courts having jurisdiction of the parties and subject matter of this lease agreement. 18. USE OF MATERIALS AS LOAN COLLATERAL. It is further understood that processed Materials may be used as collateral for future loans. Said Materials are subject to royalty payments to the Lessor and all parties providing such loans shall be informed in writing of the royalty requirements when the loan is negotiated, and such loan payments shall be subject to the priority of royalty payments to the Lessor 'herein. Copies of all loan agreements made by lessee shall be provided to the Lessor. 19. FORCE MAJEURE. Whenever the time for performance of any act hereunder is limited and the performance thereof is hindered, prevented 8 • or delayed by any factor or circumstance beyond the reasonable control of the party obliged to perform and which said party could not have avoided by the use of due diligence, such as acts of God, fire, floods, strike or labor troubles, breakage of machinery, inability to obtain necessary materials, supplies, or labor interruptions in delivery or transportation, shortage of railroad cars, insurrections or mob violence, regulations, orders or requirements of the Government, embargos, war or other disabling causes, whether similar or different, then the time for the performance of any such act or obligation shall be extended for a period equal to the extent of such delay. 2O. LESSOR RESERVES RIGHT TO OIL AND GAS AND OTHER HYDROCARBONS. Lessor holds Property in fee simple. If at any time during the life of this lease or any extension or renewal thereof, Lessor desires to lease the oil, gas and other hydrocarbons in, on or under the above described premises, or any part thereof, Lessor shall have full rights to lease for. drill, and produce same, and the Lessor does hereby specifically reserve any and all rights to the oil, gas and other minerals in, on and under the above described property, excepting therefrom the minerals which are hereby leased as above described, and the Lessor further reserves the right to enter into leases covering said oil , gas and other minerals as described herein, or to engage in drilling or mining activities thereon. Placement of wells will be at locations mutually agreed upon by Lessor and Lessee, provided, however that Lessee's permission and approval as to site location will not be unreasonably withheld, and provided further that in event Lessee shall fail to ✓ mutually agree upon said well site location(s) , then in such event, the Lessor shall have the right and privilege of requesting the Colorado Oil 8 Gas Conservation Commission (or such similar governmental agency then empowered with such authority to make such site selection(s)) , all of which shall be binding on the parties hereto. 21. LAWS. Lessee agrees to comply with all laws, rules and regulations of any federal, state or local government, which are now or hereafter shall he applicable to Lessee' s operations hereunder. ' 22. ZONING AND TITLE WARRANT. Lessor warrants that the Property has been zoned to permit or variances exist that allow the operations of Lessee contemplated hereunder. Lessee agrees to pay all future expenses and costs related to obtaining zoning and mining permits or other required permits. Further, Lessor warrants that Lessee shall have quiet and peaceable possession and enjoyment of the Property and Material , subject to the rights of other lessees, as hereinabove more particularly described, and the Lessor hereby warrants generally and agrees to defend the title - thereto, that the Property is free and clear of encumbrances of any kind whatsoever, and that Lessor, at Lessee' s request, shall do all acts and execute all such further assurances as nay be required to give effect to this lease. 23. NOTICES. Notices required to be provided herein shall be mailed, postage prepaid, in the United States mail, addressed as follows: I. 9 • To Lessor: Doeringsfeld and Aratas 11427 South Tomah Street Phoenix, Arizona 85044 or to such other address as shall hereafter be provided by Lessor to Lessee, in writing. To Lessee: M. S. Corp. 1933 East 16th Street Greeley, Colorado 80631 or to such other address as shall hereafter be provided by Lessee to Lessor, in writing. 24. ASSIGNMENT. Lessee shall not have the right to assign this lease or to sublet the Property. at any tine and without the prior written consent and approval of Lessor. 25. AMENDMENTS. Any and all amendments and modifications hereto shall be in writing and signed by both parties. 26. SUCCESSION AND BINDING EFFECT. This lease shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, legal representatives, successors and assigns. ..i 27. INTERPRETATION. This agreement and all of the terms and conditions contained herein shall be construed and interpreted in accordance with the laws of the State of Colorado. 28. RECLAMATION. Lessee shall be obligated and responsible, at its own cost and expense, to perform all reclamation requirements as designated and required by the applicable governmental authorities, whether local, county, state or federal. As an encouragement to mine all the gravel and reclaim the lands in a period of twenty (20) years or less, the Lessor shall allocate twenty-five percent (25%) of its right, title, interest, and ownership in and to the lands hereinabove described in Paragraph 1 above, at the conclusion of the mining and restoration. The mining and reclamation thereof must be completed on or before May 1, 2005. If the Lessee is unable or unwilling to complete or for any other reason fails to complete the mining and reclamation thereof on or before May 1 , 2005, no right, title interest or ownership shall be assigned or transferred to the Lessee by the Lessor herein. . 29. ASSIGNMENT. With reference to those other leases as hereinabove described in Paragraph 1 above, the Lessee herein named shall have the right and privilege of entering into similar leases with the Lessor herein as these other leases expire and to lease and/or sublet the property to others, provided, however, that all such lease transactions must have and be with the written consent and approval of the Lessor herein. The Lessor shall receive as consideration therefor from the Lessee the sum of $3,750.00 per year, or in the alternative, the sum of $3,750.00, less any and all such sums received from assignees or sublessees of the Lessee. 10 J . // IN WITNESS WHEREOF, the parties hereto have duly executed this agreement the day and year first above written. LESSOR: DOERINGSFELD AND ARATAS //y'l -;-!�� ' zj;�.� — Walter W. Doerin sfeld,7J `� d jst n E. ArataLL Mary I. Afiata J )'A. Arata // 1 LESSEE: ATTEST: M. S. CORP. , a Colorado corporation V\\ ..Cl .-N(N( a3Uv BYALLI—A,S DS./e. 41/Vet, Secretary Michael Dean Miller, President STATE OF ARIZONA ) ) SS. COUNTY OF MARICOPA ) On the r} Ll' day of 1.44 , .7 , 1985, before me personally appeared Walter W. Doerignsfeld, Jr. the signor of the above instrument, who duly acknowledged to me that he signed the same. WITNESS My hand and official seal. My commission expires: My Commission Expires Feb,3.AJ ' 1 1a'otary Public , 11 r / STATE OF INDIANA ) ) SS. COUNTY OF ALLEN ) On the // day of A ,--4,y- , 1985, before me personally appeared Justin E. Arata, the signor df the above instrument, who duly acknowledged to me that he signed the same. WITNESS My hand and official seal. My commission expires: ,G 24•../ /°, /p5/6 )2c ,,_ 1.1.,_._,„,,Le. Notarytblic STATE OF INDIANA ) ) SS. COUNTY OF ALLEN ) On the /1 day of � _,zk. , 1985, before me personally appeared Mary I. Arata, the signor of/the above instrument, who duly acknowledged to me that he signed the same. WITNESS My hand and official seal. My commission expires: Le' /°' /g,! )7,Cet_.A .,-t,.__,_. 4 ii,,_.e.C. Notary uY blic STATE OF INDIANA ) ) SS. COUNTY OF ALLEN ) On the // day of 2,--6-4 -,1._,,-1.- , 1985, before me personally appeared James A. Arata, the signor of the above instrument, who duly acknowledged to me that he signed the same. WITNESS My hand and official seal. My commission expires: -,- /0, /,g, )2Let_ a. ,/, Notary ublic 12 A STATE OF COLORADO ) ) SS. COUNTY OF WELD ) On the 5. day of 1985, before me personally appeared Michael Dean Miller, a President of M. S. Corp. , a Colorado corporation, the signor of the above instrument, who duly acknowledged to me that he signed the same. WITNESS My hand and official seal. My commission expires: ,d-q___2` 9, 7 9,f 7 1 _Z./ Not - Public • 13 / GUARANTEE OF PAYMENT OF ROYALTY The undersigned, Michael Dean Miller, President of M.S. Corp., above described Lessee, and Michael Dean Miller, Kimberlea N. Miller and Richard B. Miller, do hereby individually, in consideration of the lease by Lessor to Lessee as hereinabove described, guarantees the payment to Lessor of the royalty specified in the above described lease, and the undersigned, as guarantors, do hereby agree that the sum shall be paid to Lessor by guarantors within fifteen days after receipt by guarantors of written notice from the Lessor specifying the royalty deficiency from Lessee for any term during the lease term. Michael Dean Miller, Kimberlea N. Miller and Ribhart B. Miller, as the guarantors hereby guarantee the punctual payment by Lessee of royalty and other charges imposed by the lease between Lessor and Lessee, and the performance by Lessee of all other terms and conditions of the lease. The undersigned, as guarantors, shall pay any amount due Lessor from Lessee under the lease for royalty or additional rental charges, for the duration of the lease term, and shall reimburse Lessor for any damages incurred by Lessor from the breach of any terms or conditions by Lessee. Dated and signed this o day of 'Diva , 1985. M. S. CORP. By VI4.c, .x ft Michael Dean Miller, President Michael Dean Miller Kimberlea N. Miller Richard B. Miller 14 DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000 EXT.4400 915 10th STREET •. GREELEY,COLORADO 80631 .r r �Eiry , , •.> r SAL WACI• LIMO w MO , OL® A3O July 12, 1985 TO: SURROUNDING PROPERTY OWNERS Case Number: Amended SUP-345:85:9 There will be a public meeting on Wednesday, July 24, 1985, at 7:00 p.m. in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915, 10th Street, Greeley, Colorado. NAME: MS Corporation FOR: A discussion about fencing and landscaping requirement alternatives along the southern boundary of the sand and gravel mining operation. LEGAL DESCRIPTION: Part of the SE%, Section 3 and part of the NE1, Section 9, and the NWT, and Wz NE4, Section 10, all in T5N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Less than one (1) mile east of Greeley; north of East 16th Street and west of Fern Street. Your property is within five-hundred (500) feet of the property on which this request has been made. For additional information write or telephone Rod Allison, Current Planner II. WELD COUNTY DEPARTMENT OF PLANNING SERVICES 915 10th Street - Room 342 Greeley, Colorado 80631 Phone: 356-4000 - Extension 4400 DEPARTMENT OF PLANNING SERVICES `� ( : i !r PHONE(303)356-4000 EXT.4400 915 10th STREET , „„,,,„ , GREELEY,COLORADO 80631 ' '. .:,t!* „. ) R.4 DO April 2.9, ]985 TO: SURROUNDING PROPFRTY OWNERS Case Number: Amended SUP-345:85:10 There will be a Public Hearing before the Weld Cotnty Planning Commission on Tuesday May 21, 1985 at 1:30 p.m. in the County Ccmmissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado concerning the request of: NAME: MS Corporation FOR: Amendment of Opeation Standards 3, 5, 6, and 7 of SUP-345 (an open-cut mining permit) . LEGAL DESCRIPTION: Part of the SE34, Section 3, the NE14, Section 9, the NW4 and the Wz NEB, Section 10, all in T5N, R65W of the 6th P.M. , Weld County,Colorado. LOCATION: East of the City of Greeley; north of 16th Street and west of Fern Avenue. Your property is within five-hundred (500) feet of the property on which this request has been made. For additional information write or telephone Gloria Dunn, Current Planner. WEID COUNTY DEPARTMENT OF PLANNING SERVICES 915 10th Street - Room 342 Greeley, Colorado 80631 Phone: 356-4000 - Extension 4400 , CERTIFICATE OF MAIL I N G I hereby certify that I have placed a true and correct copy of surrounding property owners in the case 1/ Amend SUP-345 for MS Corp in the United States Mail postage prepaid First Class Mail, and addressed to the below stated persons , as per attached list This 9th of April 1985 . �siszk_ DEPARTMENT OF PLANNING SERVICES (,,, ,,,,,_�` PHONE(303)356-4000 EXT.4400 V I, I4W:) 915 10th STREET 1 I GREELEY,COLORADO 80631 W I 1 O COLORADO March 26, 1985 TO: SURROUNDING PROPERTY OWNERS Case Number: Amended SUP-345:85:9 The Public Hearing before the Weld County Planning Commission on Tuesday, April 16, 1985, at 1:30 p.m. in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915, 10th Street, Greeley, Colorado concerning the request of MS Corporation has been rescheduled. The new hearing date is May 7, 1985, The time and place remain the same. This case concerns the request of: NAME: MS Corporation FOR: Amending Operation Standards 3, 5, 6, and 7 and altering of the phasing the extraction plan of SUP-345. LEGAL DESCRIPTION: Part of the SEA , Section 3 and part of the NE w, Section 9, and the NWT, and Wz NEl4, Section 10, all in T5N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Less thar one (1) mile east of Greeley; north of East 16th Street and west of Fern Street. Your property is within five-hundred (500) feet of the property on which this request has been made. For additional information write or telephone James Mayerl, Current Planner. WELD COUNTY DEPARTMENT OF PLANNING SERVICES 915 10th Street - Room 342 Greeley, Colorado 80631 Phone: 356-4000 - Extension 4400 Document Name: MAILING LIST, MS �uRPORATION Requestor's ID: RJG Author's Name: good bobbie Document Comments: Amend SUP-345 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the attached Notice of Hearing in case # SUP-345 Amended for MS Corporation in the United States Mail postage prepaid First Class Ma;l9 and addressed to the above stated persons, as per attached list ))))_6/0 /Z, Lf9-) c/e,w( This 27th day of March , 19 85 DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000 EXT.4400 (40 illzi , 915 10th STREET GREELEY,COLORADO 80631 WIDG COLORADO March 26, 1985 TO: SURROUNDING PROPERTY OWNERS Case Number: Amended SUP-345:85:9 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, April 16, 1985, at 1:30 p.m. in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915, 10th Street, Greeley, Colorado concerning the request of: NAME: MS Corporation FOR: Amend Operation Standards 3, 5, 6, and 7 of SUP-345 LEGAL DESCRIPTION: Part of the SE4, Section 3 and part of the NE4, Section 9, and the NW4, and W1 NE14, Section 10, all in T5N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Less than one (1) mile east of Greeley; north of East 16th Street and west of Fern Street. Your property is within five-hundred (500) feet of the property on which this request has been made. For additional information write or telephone James Mayerl, Current Planner. WELD COUNTY DEPARTMENT OF PLANNING SERVICES 915 10th Street - Room 342 Greeley, Colorado 80631 Phone: 356-4000 - Extension 4400 f i 1713 Elder Avenue Greeley, Colorado May 17, 1985 Weld County Department of Planning Services 915 10th Street - Room 342 Greeley, Colorado 80631 Dear Planning Commission Members: Case Number: Amended SUP-345:85:10 We are unable to attend the Public Hearing, Tuesday, May 21 , 1985, concerning the request of MS Corporation for an open-cut mining permit. We emphatically oppose such an operation in our neighbor- hood. Many of the residences in the area are tract homes and we feel a gravel excavation of this type is detrimental and unsuit- able for this area. The gravel mining operation would also create heavy truck traffic on 16th Street, which would be destructive and a safety hazard. We ask your wise discretion when considering this mining permit request. Sincerely yours, Dean A. King eez,Wai-vritt-• c8711 L� LaWanda L. King Avi l' Graf 17 1985 Weld Co. Planning Commission March 8 , 1985 TO: Planning Staff FROM: Clerk to Board' s Office This office received a call from Nadine Johnson, 2222 E. 16th Street, saying that both she and her husband are opposed to the proposed Amended USR for Mike Miller. Mrs. Johnson said if you have any questions you can reach her or her husband Ray at 352-6698 . C:-- -::)1 0 0 Oica1NP 1\ c, ::\R u 1B85 1 0 # March 8, 1985 Weld County Planning Commission Centennial Building 915 10th Street Greeley, Colorado 30631 Dear Sirs, This letter shall serve to inform you as to our opposition regarding Mr. Mike Miller's request to excavate the property behind his residence at 1933 East 16th Street, Greeley. Being a property owner and residing within 500 feet of Mr. Miller's planned excavating site, we adamantly oppose his request for several reasons. East 16th Street is lined with residential homes both east and west of the planned excavating site. Mr. Miller' s sand and gravel trucks would be traveling regularly past these homes causing a greater and more dangerous type of traffic flow. With so many children riding their bicycles and horses on the side of this street, the increased truck traffic should be of great concern. 16th Street is in poor condition as of this date and has been for sometime. The regular use of this road by such large equipment would greatly contribute to the deterioration of East 16th Street. This area is zoned as an agricultural area and we would like to see it remain so. Changing the zoning from agricultural to industrial would force our family to consider selling our home and relocating when in fact, we enjoy the area in which we live as it exists at this time. My family and I do hope you will consider our concerns as you come to a decission in this matter. Sincerely, Susan Achenbach Property Owner 1811 East 17th St. E�)7_._ ,_,,1 i f-1 z 1 L •;1, IC '3 L 32 /Ct4 s1-. (P n-1S 329 Ci : S'oC3z Crc7( . 2 al 154 ( o T LIleLL7 Cckfq, y CarnetASS1aY0-3- & • La L41 -Cr+'. ? L h?[L CC1KC.0-4 74 T7 K ,&Ti`/ £'c/*(JE77 lloA- S �- a TR&S p,�sS11✓4- st b.s � N 9 eST Qro J Yld i ""` ra-I-ti 4 06% �1�llw- z s r�l r �d P t 5 l o f 46 Es�Q t L/.t3 1't a h K�- T" s2 7 h / fah-4) 1444 /s / � {-e�e ry 7� f `tR '319" S e 0. � zal�� y � U �� w��`� pp �a v / 4 6 r-e c. LQ 1"-e-e 1 T7� Ci d� l k ScJ�f 1 , �,/' ho A 2 fide.. -726 k-u- n r, y`c'" )..ds-t) s ,//) /2' N ///t_, t•1::// 1 C 1-]"‘ _Fill'Ili irasTq r f O 199D uL 4ield Co. Planning Cranissio May 1 , 1985 M4 . Gtoxi.a Dunn We.d County Department °6 P.2anning $exv ice4 915 Tenth Street Gxeetey , CU 80631 RE : ZCH- 1 : 85 : 1 Mike Mittex Ca-oe No . SUP-345 Dean Ws . Du4n : We, the re>st.dent4 and property ownex4 o6 the area to be abUected by the above zoning change, wound £-dae. to .e- que>st that the meeting4 concexnLng th-.- >subject be heed dux-.ng the avening hour . The majo' ty o6 the4e peopte woxfz dux-.ng xegutax bu4 ine44 hour and would not be able to attend a daytime meeting . We heel it £ -i.mpo/.cant that the4e people be given the opportunity to be in6orm- ed and to p.usent theix view point on th4f.4 matte/. . you/. coope/.at-.on and con-s- de/.at-.on woutd be gxeatty appreci- ated. Thank you. o 0 •U i o•.-I 9-i r-I •ri C0 C0CC) a) a) a) a) a) Cl:: p. 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O O x erl G .O N 5-) aJ .O cd o o cd p4 p4 A Cn Z Pc) A cro a h a Z p .--1 N M .-1 N M -' v1 %.0 n 00 cs ,--1 ,--1 .--1 ,--I I Harch 11, 1985 weld County Planning Dept weld County Curt House Greeley Cnln 50631 Gentlemen: As property owners end residents nf 2222 h 15 street, Greeley, we are opposed tn any gravel hauling nr mining from any prnperty along the south banks of the Pnudre River, and along Last 16 street from Lsh Ave to Fern Avenue. 'vie are especially opposed tn these actions as proposed by the owner nr occupant of nearby 1933 east 16 street, Greeley, a Mr. Micheal Miller. ,e also rppnse the use nf the property at 1933 16 street, Greedy, as a dispatch paint for tern nr Mnre heavy dump trucks, flat bed trailers, backhnes, bullenzers, and ether heavy equip- ment. It o-rnuld appear that this prnperty is being used as a business headquarters for the dispatch, storage and repair of this type of equiprent. r'ver the past 20 years, this area of mast 16 street has developed into a fairly well kept residential area. i;e would all prefer that it remain that -ray. Yn a ru y � /,ar• Ray C J.rah n Nadia Jnhnsnn -/ - e 2'22 est 1 Greet -Gnln tii 31 332-669d FidL'i ') 1 f� _J Meld CO. fhaf;;Fii:rs ,,(1111w,loug D rti ' ,� PETITION FOR TRAFFIC REGULATION July 29, 1985 �t�L3 01985 �'aaaliat caw- To: Weld County Commissioners • A request by the residents and property owners residing on Elder Avenue, east of Greeley, Weld County, Colorado, to limit the use of Elder Avenue to residential use only, or specifically, to exclude trucks exceeding 7000 lb. GVW (not including service trucks and/or emergency vehicles) . Unlimited use of Elder Avenue by heavy truck traffic could result in severe dust and noise conditions, and could be hazardous to children in the area. Also, since there are no speed limit signs anywhere on Elder Avenue, it is requested that speed limit signs of 20 miles per hour be posted at each entrance to the Avenue, near 16th Street and near 18th Street, as well as load limit signs. The undersigned residents of Elder Avenue feel that these requests are reasonable and necessary for the safety of the people and to reduce the dust and noise which may be severe or excessive. / O�� Z'et_ �i / 7/3 & • i70 LC," �. �• �� / / 7 O( E,4 &J d-c)-P r / D1 / 732 62-c} °U C vyu / 1 3 .2- U -,p_Av CP.__ • / 7 V g M / !/ r 1 /7:1/2 El&u /C/-eZ".e.z2— _1;7g Y - r ' p �� ti /77J K .eez �1 --c"14 ( 7///� 7/ . ;) � , //- (0/-5 A-.,k-)4,, 6 \A) cam, 7/ g & / / eLLL J t h o z5 /L,q l /Der A u c.> 0,t 4/O._ �% 4'0 ( n 44 AA- .) l h0 I Ce t' ) • . . NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S TI PARCEL CRAPPS & VARRA 1123 E. 16thSTAGreANe ZICo°d0631 6209610 10000ICATION # Great Western Sugar Co, 1302 1 Ave. Greeley, Co. 8063162096109100003/62096109100002 / arr Farms Co.f:o P.O.Box878 Greeley. Co. 80631 62096104302010 Kenneth & Sandra Anderson 1490 E. 18th St. Greeley, Co 80631 62096103000021 Mary E. Glendenning 1760 E, 18th St. Greeley, Co. 80631 62096103000040 Robert & Elnora Bliss P.O.Box 816 Greeley, Co. 80631 62096103000029 Rose Bonertz c/o Opdyke Agency 1309 10 Ave Greeley,Co. 80631 62096110100004 Robert Walker 819 Emerson St. Brush, Colo. 80723 62096110100003 Michael & Kimberlea Miller 1933 E. 16th St. Greeley, Co. 80631 62096110200010 Darrel Chapman 1845 E, 16th St. Greeley, Co. •80631 62096110200014 Bruce Carlson 1808 E. 16th St. Greeley, Co. 80631 62096110200013 Della Mae Sorenson 1777 E. 16th St. Greeley, Co. 80631 62096110200012 H. Dean & Shirley Anderson 1711 E. 16th St. Greeley, Co. 80631 62096110200008 Raley Label 1627 E. 16th St. Box 578 Evans, Co. 80620 62096110200007 John & Wanda McNamara 1511 E. 16th St. Greeley, Co. 80631 62096110200006 Louise L. Kelley 1321 E. 16th St. Greeley, co. 80631 62096110200004 William & Rose Marie Stitt 1309 E. 16th St. Greeley, Co. 80631 62096109100006 Mary Jane Donavan 1019 E. 16th St, Greeley, Co. 80631 62096109100017 Joe Goddard & Son Inc. P.O.Box 1035 Greeley, Co. 62096109100018 Forest & Constance Mueller 1001 E 16th St. Greeley, Colo. 80631 6209610910004 David L. Trimber 1932 E. 16th St. Greeley Co. 80631 62096110302009-10 Gary W. & Nancy L. Nalin 1601 Elder St. Greeley, Colo.8%31 62096110402011 William H. & Judy SDI-plat 1804 F. 16th St. Greeley, Coln_ 80631 62096110301001-2-9-10 an T,G iiihal 21,�L 17th 11-12- Ja�oh H. & Agri -- r- Ave. Greeley, coin. 80631 -62096110301004 13 Myron T. & Velma Adams 1850 E. 16th St. Greeley, Colo. 80631 62096110301005-6 Mailing List MS Corporation Amended SUP-345:85: 10 Great Western Sugar Company 1320 First Avenue Greeley, Colorado 80631 Farr Farms Company P.O. Box 878 Greeley, Colorado 80632 Kenneth and Sandra Anderson 1490 East 18th Street Greeley, Colorado 80631 Mary E. Glendenning 1760 East 18th Street Greeley, Colorado 80631 Robert and Elnora Bliss P.O. Box 816 Greeley, Colorado 80632 Rose Bonertz c/o Opdyke Agency 1309 Tenth Avenue Greeley, Colorado 80631 Robert Walker 819 Emerson Street Brush, Colorado 80723 Michael and Kimberlea Miller 1933 East 16th Street Greeley, Colorado 80631 Darrell Chapman 1845 East 16th Street Greeley, Colorado 80631 Bruce Carlson 1808 East 16th Street Greeley, Colorado 80631 Della Mae Sorenson 1777 East 16th Street Greeley, Colorado 80631 Mailing List Amend SUP-345:85:10 MS Corporation Page 2 H. Dean and Shirley Anderson 1711 East 16th Street Greeley, Colorado 80631 Raley Label P.O. Box 578 Evans, Colorado 80620 John and Wanda McNamara 1511 East 16th Street Greeley, Colorado 80631 Louise L. Kelley 1321 East 16th Street Greeley, Colorado 80631 William and Rose Marie Stitt 1309 East 16th Street Greeley, Colorado 80631 Mary Jane Donavan 1019 East East 16th Street Greeley, Colorado 80631 Joe Goddard and Son, Inc. P.O. Box 1035 Greeley, Colorado 80631 Forest and Constance Mueller 1001 East 16th Street Greeley, Colorado 80631 David L. Trimber 1932 East 16th Street Greeley, Colorado 80631 Gary W. and Nancy L. Nolin 1601 Elder Street Greeley, Colorado 80631 William H. and Judy Schmidt 1804 East 16th Street Greeley, Colorado 80631 Mailing List Amend SUP-345:85: 10 MS Corporation Page 3 Jacob H. and Adrian Esquibel 2424 17th Avenue Greeley, Colorado 80631 Myron T. and Velma Adams 1850 East 16th Street Greeley, Colorado 80631 Crapps and Varra 1123 East 16th Street Greeley, Colorado 80631 DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000 EXT.4400 :n 915 10th STREET •:• - GREELEY,COLORADO 80631 O 11111 ; • COLORADO March 26, 1985 TO: MINERAL OWNERS AND LESSEES OF MINERAL OWNERS Case Number: Amended SUP-345 The Public Hearing before the Weld County County Planning Commission on Tuesday, April 16, 1985, at 1:30 p.m. in the County Commissioners' Hearing Room, First Floor, Veld County Centennial Center, 915, 10th Street, Greeley, Colorado concerning the request of MS Corporaticn has been rescheduled. The new hearing date is May 7, 1985. The time and place remain the same. This case concern the req•iest of: NAME: MS Corporation FOR: Amend Operation Standards 3, 5, 6, and 7 and altering the phasing of the extraction ,lan of SUP-345. LEGAL DESCRIPTION: ?art of the SEl Section 3, NFL, Section 9, and the NWls and the W1 NE1, Section 10, all in T5N, R65W of the 6th ?.M. , Weld County, Colorado. LOCATION: Less than one (1) mile east of Greeley; north of Fast 16th Street and west of Fern Street. You have an interest in the mineral rights under the parcel of land being considered. For additional information write or telephone, James R. Mayerl Current Planner. WELD COUNTY DEPARTMENT OF PLANNING SERVICES 915 10th Street - Room 342 Greeley, Colorado 80631 Phone: 356-4000 - Extension 4400 DEPARTMENT OF PLANNING SERVICES keD 103:if ')\, PHONE(303)356.4000 EXT.4400 915 10th STREET GREELEY,COLORADO 80631 O • COLORADO March 26, 1985 TO: MINERAL OWNERS AND LESSEES OF MINERAL OWNERS Case Number: Amended SUP-345 There will be a Public Hearing before the Weld County County Planning Commission on Tuescay, April 16, 1985, at 1:30 p.m. in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915, 10th Street, Greeley, Colorado concerning the request of: NAME: MS Corporation FOR: Amend Operation Standards 3, 5, 6, and 7 of SUP-345 LEGAL DESCRIPTION: Part of the SEA Section 3, NEL, Section 9, and the NWT and the WZ NEB, Section 10, all in T5N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Less than one (1) mile east of Greeley; north of East 16th Street and west of Fern Street. You have an interest in the mineral rights under the parcel of land being considered. For additional information write or telephone, James R. Mayerl Current Planner. WELD COUNTY DEPARTMENT OF PLANNING SERVICES 915 10th Street - Room 342 Greeley, Colorado 80631 Phone: 356-4000 - Extension 4400 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property Doeringsfeld and Aratas SUP 345 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 lesses 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. The foregoing instrument was subscribed and sworn to before me this /7 '1L day of '-ml( K._9_44A,1D , 19S Y. WITNESS my hand and official seal. My Commission expires: QJ��, /98d-/iDi Notary Public -` AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property Doeringsfeld & Aratas SUP 345 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. qtAi - .SZ :(40.... The foregoing instrument was subscribed and sworn to before me this day \n,� O,-, 19 8 S by v�� \„�s�� .�cb�r, V��\\ l _ ` WITNESS my hand and official seal . My Commission expires : My Cgmmission Expires Feb. 13, 1989 c(2 ?s.J''CQzc-1 n .,Notary Public Document Name: MINERAL OWNERS, MS CORP Requestor's ID: RJG Author's Name: Document Comments: 5, CkA �- l� all1E _ilmilificeS cola • \ 1�� S C )RADO DIVISION OF WATER RESOI J 203 Wq;.j.Rev 7� 818 ennial Bldg., 1313 Sherman St., Denver, Colot 1 , W PERMIT APPLICATION FORM ` . „ must ( ) A PERMIT TO USE GROUND WATER ;, -; applicable policanon -- where ( ) A PERMIT TO CONSTRUCT A WELL Yl ;_ �:; be complete 2,1 Type or FOR. ( ) A PERMIT TO INSTALL A PUMP print in BLACK INK.No overstrikes ( ) REPLACEME� FOR NO. iorn erasures unless ( X ) OTHER initialed. IT WE! C. c RT CASE N0. AU FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN (1) APPLICANT - mailing address Receipt.No.--(9=-------1-6 1 4.— - /------- NAME IS orU Dist. �—�� Basin 19 3 E. 16th St. STREET CONDITIONS OF APPROVAL Greeley, Colo. 80631 (ZIP) as s to cause CITY--- (State) This well shall be used in such a war a to The TELEPHONE NO. _ no material injury to existing lihe cant that no injury will occur to another vested water issuance of the permit does not assure the app (2) LOCATION OF PROPOSED WELL right or preclude another owner of a vested water right from seeking relief in a civil court action. County T. Ya of the___E_______Y/ Section 1-- Nip 6th p.m. Twp 5N— Rng o — (E.W) . iN.SI (3) WATER USE AND WELL DATA na Proposed maximum pumping rate (gpm) Average annual amount of ground water,/A to be appropriated (acre-feet)' Number of acres to be irrigated: 2p -1:° ._-----N-/-A---- o . Proposed total depth (feet)" Aquifer ground water is to be obtained from. alluvial oii Owner's well designation ` GROUND WATER TO BE USED FOR: ( ) HOUSEHOLD USE ONLY - no irrigation (INDUSTRIAL (5) ) ( ) LIVESTOCK (2) ( ) IRRIGATION (6) ( ( ) LIVESTOCK L ( ) MUNICIPAL (8) ( ) COMMERCIAL (4) (XAPPLICATION APPROVED � OTHER (9) onen gavel � t DETAIL THE USE ON BACK IN (11) PERMIT NUMBER DATE ISSUED t (4) DRILLER EXPIRATION DATE Name pined by MS Corot . SI Street 1933 E. 16tH St. gop31 (STATE ENGINEER) Colo. Greeley (zit))City (State) BY 7. `---- — t �_1 ;moo Lic No 1 COUNTY n Telephone No I D • L;'1'ior:'sl ;red pro-De, y owners all o`. w:_c_i live WI thin t :1O { ' of t;, e UropoE,ed lc: --rr Vr:1 minio'' ,r)E`r,f-it".:i -tre 'e. _',.- c cra4-.r.". L.y ..4:' . do ,:emery approve '' i fio-..li,. -. of inn f--..c l•-:-:: requiremef.tc. „uclinc'a in t.e n ri.. ; oral :pedal ' r 11. ,;'j' ,)pf rte' Lon!, sl,-1ndains, `che ander.,i gnesi property owners live along . ,,t ,." - - ',-';..ars r ' ' e p•er,ait azea. f ',. j,of //�^',/�':'I' •�s 7 t l � j r - ,Mr . %- 7', -_ii . - 1, - ; EXHIBIT ` ' 1/-2 c----83-- -7- 1 to-o-k,1 Cam,- ,J y //4 ,c .d2eb,p,a-e &, O71 91? tip_,,,s? ,A.,,,Y- „,,e _,6; _ii-o. _,-,-/, ___„6,-)A-,,-; z ad .fie j6 e_ .shJd_8 _24c d, ‘(7Q IA‘t4 /0-7'1 , le,2144)-Z‘-i,'-d 2'ele-g- )27t?0,--04 . ez,i7 ,t„, ,dt Aeezi �� v 471/- -e-:it �%" O-'4 ..a'. 1,4,/,--=-,2 Lv--G�-4 ` ')/t -�-`- C� (-6a-eeAd ‘62-61,- - 0,," ei,,,,,-Ady 6._,' . ,42 „,e,,, ,,--,10.6,404, -awl cec ed ire a, tedfiihem-411 ,2-_ a.,ee 1_‘4,:i . t 1,-0-dc;IV-e A/ica ' -2414-1;4 /( 1,i--ru -ri e 4-1-11-4. 4'L ga„,.... _iodia '02.47, EXHIBIT II Jack McNamara 1511 E. 16th st. Greeley, Colo. 80631 10-15-84 Commisioners, My wife and 1 live on the south edge of the area covered by the special use permit number 345. We have discussed with Mike Miller his intended use of the area and fully approve of his intentions. He has told us that he wants to put ik a road west of our property line approximately 140 feet. This road is fine with us as it will be a much safer access than the other road to the west. Mr. Hiller has also indicated that the operations standards in the permit call for a 6 ft. chain link fence be erected around the Doeringsfeld property. We see no m3ed for this fence and do not want a fence of any kind on our property or bordering our land. A fence of this type would be a hindrance to the operation of our farm and the pasturing of our cattle. There are no children in this area to warrant construction of a fence of this kind. Please reconsider these rules and allow these changes in the permit. Sincerely, 7 [i EXHIBIT s EXHIBIT 1321 .mast 16th Street I-. 0. Sox 329 i f� Greeley, Colorado dub32 October 15, 1984 TO TiI1J .;LLD CJUATY COr i-ileSION RS: I understand that the gravel pit near my home on the north side of East sixteenth street between Cedar Street and fern Avenue is about to begin mining operations. I also understand that they are exaected or required by the county rulings to exit the premises via the private lane that is directly aejacent to my home and my prop- erty on the west. To make this road even barely wide enough for two big trucks to pass would put it within fifteen feet (15' ) of my bedroom window and even closer to my garage. As I did in 1976 when this :clatter was pending, I rkOT,,ST the use of this area for heavy truck traffic! ! First: the noise polution would be intolerable during all perioas of heavy use, be- cause of slowing, stopping, shifting gears and all the normal noise of moving trucks. Second: the air polution! given if the roadway is asphalted tnere will always be some dust and the furies and the oily black exhaust emissions--from most trucks some of the time and some trucks most of the time. This stuff spoils everytning; uaint,windows, garden,clothes with film , aisc,loration and bad smell. Also, many people, including myself are allergic to petroleum fumes. Third: big trucks cause severe vibrations; even from 16th street where they are about fifty feet from my house I get some serious vibrations at times. This is stressful at least and structurally damaging at moct,especially at the close range anticipated. Fourth: my home and personal personal property would be at risk, both from rocks and dirt or gravetalling off loaded trucks as they pass and from the trucks that must must make a turn directly at the bottom of the hill ';o the west of my house, at the very edge of my Property. It takes only a brief moment of inattention on a driver's part or a very small mecmanical failure for a big truck to miss the turn and come crashing into my front yard. This sort of thing does happen and the results can be devastating. tiny insurance would be totally inadequate, especially when the sit- uation could be and should be avoided in the first place. 2or exa.aple: Last year I was involved in a relative_.y .linor accident, due to the other party running a stop sign. He said he was thinking aoout something else! insurance ;aid to repair my vehicle and for six months of aoctor bills but neither the car nor myself will ever be the same and I received nothing for the hours, days and weeks I spent going back and forth to repair people and to doctors, nor for financaa . losses .I had because of being unable to tend to business properly nor the emotional stress which restricted my driving and other normal activities. low if a small accident caused ne so much trouble, what might be the effect of a truck crashing across or onto my property--not good! c, O v t l h V P_Lr h- - 4 v oL.p Z. • \V ice. 11 IUL3 01985 P' PETITION FOR TRAFFIC REGULATION as caw July 29, 1985 To: Weld County Commissioners A request by the residents and property owners residing on Elder Avenue, east of Greeley, Weld County, Colorado, to limit the use of Elder Avenue to residential use only, or specifically, to exclude trucks exceeding 7000 lb. GVW (not including service trucks and/or emergency vehicles) . Unlimited use of Elder Avenue by heavy truck Traffic could result in severe dust and noise conditions, and could be hazardous to children in the area. Also, since there are no speed limit signs anywhere on Elder Avenue, it is requested that speed limit signs of 2Q miles per hour be posted at each entrance to the Avenue, near 16th Street and near 18th Street, as well as load limit signs. The undersigned residents of Elder Avenue feel that these requests are reasonable and necessary for the safety of the people and to reduce the dust and noise which may be severe or excessive. c / 2 /,3 c1-'l,4 2 A;-1 - / 7 13 E' liC Gz�_ 0 271- / 2/ �.eA2 / O / / ' 1 2� i2 o eeteA. / 7e / 73 z �a A/W" / 7 V a /7, 41? st P-7/7" Z-41.O.817" L ., . 6 (// -1'9' --f r-_%,tty„_ 171' lf- -e'47. C'..,-,4-' C �� f ,( i " s .. ,, `i\ / //g ! -//,,_,,,.c-_,,, , "3_-'L_7.>// 7---- 2 1.-, f .tom �! '.� t, / 7/ ��-4- -. ,-(-i-1-( `ct � r Y -7 f// c�4L fJfc z� /4.ty c_ !1)(' /0JC_—' `7( I' ` /P-1 Y. -/-,G/,- c'C /..Cent / 4.2 2, l i- t A (-) V A_ . c -75i!'�l�• f1 � �` /�t �'�� , /,', & '• (E G- _i RiA.4-4 . 1. -1-4---)".1+-frik-,, 1 `in q ek e_; ! _ x as,__ - - ' I��Z.e.L�r/ Y/ °`�( ',A-, I WIC/ t e-0 ac,L• 6i--L-ii C • HEARING CERTIFICATION DOCKET NO. 85-38 RE: AMEND OPERATION STANDARDS #3, #5, #6 AND #7, AND PHASING OF EXTRACTION PLAN FOR AN OPEN-CUT MINING PERMIT, MS CORPORATION A public hearing was conducted on July 31, 1985, at 10:30 A.M. , with the following present: Commissioner Jacqueline Johnson, Chairman Commissioner Gene Brantner, Pro-Tem (Excused) Commissioner C.W. Kirby Commissioner Gordon E. Lacy Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Debbie Campbell 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 June 3, 1985, and duly published June 20, 1985, in the Johnstown Breeze, a public hearing was conducted to consider Amendments to Operation Standards #3, #5, #6 and #7, and the phasing of the extraction plan for an open-cut mining permit for MS Corporation. Lee Morrison, Assistant County Attorney, made this matter of record and stated that this hearing was continued from July 3, 1985, to allow the Planning staff to revise the Operation Standards. Mr. Morrison noted that no further testimony would be taken today. Rod Allison, Planning Department representative, said the Planning staff was to discuss the issues concerning the greenbelt along the southern boundary, the access roads and the six-foot chain link fence. Mr. Allison presented the Board with a set of revised Standards #2 - #5 and addition of items to condition #6. He read the revised Standards as recommended by the Planning staff into the record and gave the reasons on which the Planning staff based their decision. Mike Miller of MS Corporation, came forward to comment. He stated he sees no problems with the new proposed Standards, but he would like to use pine and spruce trees instead of the trees recommended by the Planning staff. He commented on the fence issue and his plans for dust abatement. Discussion was held concerning the fencing of all boundaries of the gravel pit and the McNamara property located on the southern boundary. Commissioner Lacy moved to accept the recommendation of the Planning staff with the Standards presented today and to have the Planning staff work with Mr. McNamara concerning the fencing of his property. Commissioner Yamaguchi seconded the motion. During discussion, Mr. Allison proposed an amendment to Operation Standard #5-B to state, "the southern boundary of Phase 12, except the McNamara property," and to have Mr. Miller work with the Planning staff as to the types of trees to be used for the greenbelt. Mr. Allison later proposed an amendment to Operation Standard #2 to state, "the greenbelt shall consist of two parallel rows of trees acceptable to the Department of Planning Services," and Operation Standard #5-B to say, "The southern boundary of Phases 7, 9, 10 and 12, except the McNamara property which shall be fenced by 4-strand barbed wire. Commissioner Lacy amended his motion to include the amendments to Operation Standards #2 and #5-B as stated by Mr. Allison. Commissioner Yamaguchi, as the seconder, agreed to this amendment. The motion carried unanimously. �' �' j • APPROVED: BOARD OF COUNTY COMMISSIONERS ATTEST� awsn.4 WELD COUNTY, COLORADO Weld County7 erk and Recorder and Clerk to the Board acqu ine Johns•n� Chairman By: EXCUSED D putt' County Cler Gene R. Brantner, Pro-Tem /1/11-"C' C.W. Kir y // e Gor act' Frank amaguch TAPE #85-67 DOCKET #85-38 LHR 208 ID ATTENDANCE RECORD TODAY' S HEARINGS ARE AS FOLLOWS : DOCKET # 85-38 - Amend SUP Operation Standards, MS Corporation DOCKET # _ DOCKET # PLEASE write or print legibly your name, address and the DOC (as limited above) or the applicants name of the hearing you are attending. NAME AD/DRESS HEARING ATTENDING '7 . - ‘ 7 16d C / 7 O 1 G.C,- a/()) la-) Yg / 11 Ltitviz 4 &y.kisoyl / -,O 8- i-7 Act % cf / 4 2, /J - e. /A -77 ,,,,,tj 727 / —.Eet SI- , :IS!--111---) ,,, / / 6 C' -44 f, -3e Q.L o7%oic) E , /6 sC � D�ege',_,,-%/' _ ovive< /---7,-6 '.' e.412/e/1 ,,d, t4;:f9f-1,- �/2 fp / A� �i e /t Sr z..„, ,- ,_..,. . ..0-,ei_0,...2,--,.._.- ze--/I -,171,, _ . 67-44-1.z. d- - 11-6',71cm443," — /S-//—C/C 121 M. l, im (ccciL ict3 , 1(,- S7—. r) AV ,IC,)/IkA, 7,-2...*:_-, / /e_,--4-t- , A.,_,.„,,,,-- --L-u.A.`„tz. . 6'2,0.42-A626:, Acy, if ,,PA- V , - iolivpi.....u? antti2L.,:_ _A.\. izitp i__ , 8 n Ad- - 029,Ai/ Z%- !ail • SENDER' Complete items 1.2.3 and 4 J Put your address in the"RETURN TO"space on the reverse side. Failure to do this will prevent this card from �w 33t being returned to you he return receipt fee will Provide • o J 69 you the name of the person delivered to and the date of rl O¢ deliver For additional fees the following services are R1 IJJ a r- ava •Consult postmaster for fees and check box(es) LL Lu< e H a o Ls as for services)requested. o_ t W 2 ca u'] CC Ill w~ c W M ao- o aia a ft _ Show to whom,date and address of delivery. -IlJ 0 .O 2 p H r' LL —m 0O LL W ft'I c.-�w Ra u) O a o❑ o A 0 Restricted Delivery. CC wF c w CO it a^ La) coS c A 2 O v c .a�+ Z > �A raai a a v Co N Ir F Q E 0 6 OO O aai ≥ O aai a-o _co o . ` ra Ocri . o w v LL 'o ;m um) o & ADRIAN ESQUIBEL L z z H Z o ❑ o s E 2 'as- 0_ JACOB H. w z w W cn 5 y =$coca)m ' 2424 17TH AVENUE CC PO °�' �° ci °�° �o Cl- IL GREELEY, CO 80631 pa oo pa I•D•S•n z86l. °4®d `CU9£Wit 4 .. N, ❑ gistered ❑ Insured Certified ❑ COD S�.CC r9 Zit liii" ❑ Express MailAlways obtain signature of addressee or agent and DA E D, LIVERED ® �� Hmama - Jig N W a¢ -4 W v .ca T 1 ILL w z a W fz4 d 3≥ , to �i F- a s F. I-1 H <''' m o m 1 aN I i '� N' C cc L>•"1 a t W O vi,� I LL ; n o z cO a) ❑ o , a 23 7. Date of Delivery M U ow H ti rm oNl c m m Er 0 z Cl. H `�° O z too N d 4 a i o e 4; re ueste�any ee pats ® ¢s U U ; as a� `a I 8. Addressee's Addr's(ONLY if q N cc o ,�y H 2 a c m a w o 2 rl IL eni— ❑ �E �� a m m �` (0 , , , D. Itli0 zz W W W a m E-c Ec i_ m C , . aU 7 D. z m W a va ao moil la -4 • r IX H On a4 a - - N -•I Z r, C7 9.s'n * z961•-qe ton u.�JoA 1 l 0 • SENDER Complete items 1,2 3 and 4. m 9, Put your address in the"RETURN rO"space on the 3 reverse side Failure to do this snll prevent this card from 12 being returned to you The return receipt fee will provide you the name of the person delivered to and the date of delivery. For additional fees the following services are ttl ,a- o w c available Consult postmaster for fees and check box les) m o—i .G for service(s)requested. f1J W c5)-<- A "' - a_i H W 1. Show to whom,date and address of delivery L3. C z a7 W r•-i l a- Ld] ¢o h W c•i a t≥ ' 2 ❑ Restricted Deliver m w >¢ = H O of a o ai w v y --- - �° • v w aa u. o 0 11 sn • MYRON T. & VELMA ADAMS N ® z z v, H 0 as m o y is a 1850 E. 16TH STREET r9 LLL " �° U Z• ≥ is - a) ao ^' m -a a� N'o a o GREELEY, CO 80631 S ai — ❑ u as a 0 oo W W I-7 a d m o c E E ra a fa I z W' u1 W a _ 5 .c c E Cr f: d' W = =ai A co CW7 ao 0 ca n cc ¢o 'Eli O ".6). Ci. 4. Type of Service' Article Number 'D-S-n 4 z866 'qej `CO9£WJoj SI 8\; ❑ 54stered 0 Insured 1 V L eertifled 0 COD ❑ Express Mailirs ,;,c %, Always obtain signature of addressee or agent and DATE DELIVERED 0 5 Signature—Addressee i� 3 X L i2. .>�"i /9O//1.,111,i)o y 6 Signature—Agent ?' J 59 6 m ® o� H f) X f1J W a J W ,---i m7 Date of Delivery �1 ¢o RS ' Lm' —I it m Kt cc z z 00 m or,4-2. o o : Z 8 Addressee's Address(O.NLY tfrequeste and fee paid) O W '�' y la i a coi"- u_ rn HO ❑ . o a i EEs ® U z ra U LLD aa) 20 u c n / 1�. r o QU ® ai y a❑ a 0 '71 , o ❑ / r=ig i— W W tL a a o cy a Q o a z o W ,--a ' ❑ ai ¢ 2-� a ,x z U CO W m d E <a !J z O O W a c CO Eo . ¢ E i ce c4 co r:4 in E ai y '3 = H -f, I ao o <n a o° CC o 00 r H o_ 'd'J'S'n # z86l. °qe.l `CU9£wLod Sd I J O SENDER Complete items 1Ali ,2,3 and 4 -- o put your address in the"RETURN 10"space on the m IF SENDER Complete items 1,2,3 end 4 3 reverse side. Failure to do this will prevent this c,:rd from Put your address in the"HE TURN T0"..pace on the W being returned to you The return receipt fee will provide 3 reverse side Failure to do this will prevent this card from 0� you the name of the person delivered to and the date of being returned to you The return receipt fee -it provide delivery For additional fees the following services are you the name of the person dehsered to and the date of available.Consult postmaster for fees and check boxes) delivery For additional fees the following services are .. for cprvirnfrl re,'...e......a �- .._.i_u_ r 1 ow i, SENDER i�om•ate,e 1 T — — ® — --- -- C-2, Put your address in the -tit O" ® SENDER' Complete_pace T items 1,2,3 and 4 3 reverse side s allure to do to nn ,.:v:.n,the; :erd' ow f o Put your address in the"RETURN TO"space on the being returned to you.The return,start fee yell proved' 3 reverse side. Failure to do this will prevent this card from —r you the name of the person louvered to rind ilia date pt W ' being returned to you The return receipt fee will provide o delivery. For additional fees t, followtr,3 serv'cns ars GO you the name of the person delivered to and the date of available.Consult postmaster'or fe,s end cnec boa s) ;' delivery For additional fees the following services are for service(s) requested available Consult postmaster for fees and check boxes) to , .C for servi e(s) requested W1. Show to whom,date and i,idress c'deli dry ., A 2 ❑ Restricted Delivery I ce 1. Show to whom,date and address of delivery. V A — �I A 2 0 Restricted Delivery. V tri Cok.--.../ _ NARY E. GLENDENNING 1760 EAST 18TH STREET t 3. KENNETH & SANDRA ANDERSON GREELEY, CO 80631 1490 EAST 18TH STREET GREELEY, CO 80631 0 4-- •.--,.,oervice I Article Number (' i } 4 Type of Service Article Number ❑ gistered 0 Insured ' Certified 0 COD ,\'. ❑.Registered O Insured ❑ Express MaJ ..`j 14 Certified ❑ COD 0 Express Mail / ^r ,,,,'"°__ �7 —7 ,,t Always obtain signature of address"e or agent and DA E DEL I VERED c Always obtain signature of addressee or agent and O\ - i nature Address,, t0 DATE DELIVERED 3 X /r‘',I--;' / i r� �1...__.0./ D 5 Signature—Addressee 6 g lure gent rn r a X C >e-� �2,y t1▪ X us 6 ignature-Agent -I Z 7 Data of Delivery 5 X m „ - 21 7 Date of Delivery C m 8 Addressee's Address(ONLY if requested and fee peat) C z mri ' Z 8 Addressee's Address(ONLY if requested and fee paid) C : f ) ' ( ' ' ( ( ' -)C- if( ili _ m -1 i u -4 E. -a Jae N iv —� SENDER Complete items 1,2,3 and 4. -- - ---—— m Si I Put your address in the"RETURN i0"space on the 3 l reverse side Failure to do this will prevent this card from Cl) ® SENDER Complete items 1,2,3 and 4. W being returned to you.The return receipt fee will provide m m 0 Put}rum address in the"RE TURN TO"space on the you the name of the person delivered to and the date of `' delivery For additional fees the following services are 3 reverse side Failure to do th s will prevent this card from r_ available. Consult postmaster for fees and check boxles) C354 returned to you The return receipt fee will provide -a you the name of the person delivered to and the date of .C ' for serviceis) requested delivery For additional fees the following services are W K c available Consult postmaster for fees and check boxles) W 1 L Show to whom,date and address of delivery ,e<e for servic Is) requested A 2 0 Restricted Delivery. m pp 1 L Show to whom,date and address of delivery W Co — — -------- A 2 0 Restricted Delivery A DARRELL CHAPMAN W _ — -- — ,_, 1845 E. 16TH STREET m 3 BRUCE CARLSON GREELEY, CO 80631 1808 E. 16TH STREET GREELEY, CO 80631 tces7 4 I ype or service' cr ..,.,...� - ❑ isteled 0 Insured _ 4 Type of Service Article Number Certified 0 COD �, -li— n �Ne 0 Express Mail 7 J ��i - 1 gyregistered 0 Insured Certified O COD Always obtain signature of addressee or agent and i , ,r. 0 Express Mail '' ).4--__ : C/ DATE DELIVERED. ", i_,` / 0 5 Signature—Addressee \ Always obtain signature of addressee or agent and ? DATE DELIVERED m " I VA/ i , , 4 , '/ .� ,e12•:2 " ` 5 Signature—Addressee = Cl) 6. Signa re—Agent i 0 X X I y 6 Signature t-Agent II 7, Date of Delivery , —1 C / 71 7 Date of Delivery 21 d ifrequ 8 Addressee's Adress(ONLY requested and fee paid) m z c in y ! Z 8 Addressee's Address(ONLY if requested and fee paid) m i � e . z -I — _ `t I g n /' V m _ f , • SENDER Complete items 1,2,3 and 4 R -r u.i Put your address in the"RETURN TO"space on the fr'I o.> in cfl 3 reverse side Failure to do this will prevent this card from ® o a GW7 being returned to you The return receipt fee will provide R _ a__, W you the name of the person delivered to and the date of E —' delivery. For additional fees the following services are u1 Ir ¢o W m 3 a) c available Consult postmaster for fees and check boxles) fU fX U w¢ W qo �; °m for sery e(s)requested fTI 0 o w �Q �o LL to co 1 �J Show to whom,date and address of delivery EIC a Li,1— O U] ) Z Lm 3� c w Er 0 z Z cc H x 0 a No y d a .5 A 2 ❑ Restricted Delivery r-9 I= o=o �., U m o m a,o a� a v CL toi- 0 a m a mm 8� o A 3 a 0 o z o4 w w0 °c o as MICHAEL & KIMBERLEA MILLER z 0 a � 2 a E OE OE c� CO w in 0 o' ' '® n 1933 EAST 16TH STREET CID a v co cc cc cco i— a GREELEY, CO 80631 Z r' c7 d•p°s°n *. z86l. lied `009£ LWO Sd I i 4. I ype of service- , ❑,Wegistered O Insured W"Certified 0 COD 0 Express Mail S )5-02 Vr, E, \ Always obtain signature of addressee or agent and Z o—i \ DATE DELIVERED to to MI ® o 2 rA i nature see IUIW s ff .. <z a QH w a L E 3 lug i✓ f.. Ir1 © E., lYl R -t ? in y 6. ig ture—Agent iii IAA wQa C H O CID Ir) ,. o a a -1 1111 , o z a .5 00 a) m .ai O u. C1 X LIw Z a) i1 O C° a u l— EIE 0. Q im e' L a) T 0 c 23 7 Date of Delivery Cr z wiz' tai a m m / 7 r- 0 -.:: .== - w o <4 a Qo . CO o G>. rR a o H H m o 7:C2 0 0 N ,- LL 8 Addressee's Address(ONLY If requested and fee paid) to m a,'8•3 m z a z o C7 Cr) 54o :22 a° 77 d z Z H a w ° E m H Z m c L E E C1 /. L7 LLI rx CA w J w0 � 0 a° a) co c[ cc° a o i- a° - / �- . ri ra W vs"n * Zff6I. °qod `epee WJO2 Sd • SENDER• Complete items 1,2,3 and 4. ll g Put your address in the"RETURN TO"space on the Rl 3 reverse side. Failure to do this will prevent this card from E M being returned to you The return receipt fee will provide G o_i 0 co IA you the name of the person delivered to and the date of U delivery. For additional fees the following services are E e available.Consult postmaster for fees and check boxles) U., u_i a _ , .i o Z .a for service s)requested. Ui •) c.<� i C7 M m c o cc co F ; 3 o y 5) re 1. Show to whom,date and address of delivery. m RI pi o z tra p ccoo a �0 oo ii w o w [ Z a a o0 0 A 2 Restricted Delvery. Q' U~ W H O a m °o ct a V 0 z m d m do f` g ` m m _aa 3 ROBERT WALKER III El ° -0 °` Q, �' ° 819 EMERSON STREET zo En - m �E ma a° a o z H ra m m i° 0 CO C o -I '&- 0 BRUSH, CO 80723 uw z diow w E as I ' 'm l- m M Ix o 0 ua) a is *aim i- a L7 "J°S°n 4 886l.°qod `Qp8£WJad 5 14.Type of Service Article Number Igfit.N 1.3"Cergtif edd 0 COD 0 Express Mail V<-- -?/ Always obtain signature of addressee or agent and DATE DELIVERED. R Ea D 5 Signature—Addressee E w —a W cc y 6 Signature—Agent o_J cv E �/f /e) D�j,, fv �' �z a Z M a rmEr n X ! I( W`�%H�V°�.' 'y� a) 8≥ ' w , 7. Date Delhi ,�x • 1.r1 4D w¢ c a0 m O)>. ≥ o o ' a) m --7---.' +�;' :) fU, 0 0,w [ 00 CO m a -p �o ; C Q C/ m z � o ii aai �m o w Cill m Z 8. Addre see's dddre4s(O Y if requested and fee paid) ® z— 1 co o cc 9 O y2i a) : ei 33 N ¢O D4 ® a) o ra a-o :sp 2, 0 m �/r N v=i l- d 0 y' LL d � aim cm)Q o ° m °R zo w Wa -a o a) is dc ' a o_ z zoW 5 - N '� ft ww o m a o )ii o o Pa C7 a 0 cn m cc 2 c[o • l- a °d.D.S°n is 8866. `qeA `QQS£W1od Sd , to - ® SENDE.; Complete items 1,2,3 and 4. di SENDER' Completa items 7,2,3 and 4------1 n 0 Put your address in the"RETURN TO"si.ace on the put your address in the"RETURN f O",pats on the 5. reverse side, Failure to do this will prevent this card from 3 reverse side Failure to do this will prevent this card'rom prvi M being returned to you The return receipt ee will provide being returned to you The return receipt gee will ... you the name of the person delivered to and the date of You the name of the person delivered to and the date of de •• delivery For additional fees the following services are delwery For additional tees the following services are available.Consult postmaster for fees and i heck boxes) `e- available Consult postmaster for fees and check boxes) c .� fortes-e�rrvv`iccee(5) requested. `G for service(s)se requested co '?- P Shpw to whom,date and acdress of delivery CO 1 F Snow to whom,date and address of delivery 2 ❑ Restricted Delivery p 2 Restricted Delivery V _ V 07 11, t 3 A 3 : tLA MAE S0RENS0N H. DEAN & SHIRLEY ANDERSON 1'74 E. 16TH STREET GREELEY 1711 E. 16TH STREET I CO 80631 GREELEY, CO 80631 J urrrvc c) 4 r Ype of aervrce 4 Type of Service Articlev �- ca iv ❑R6gistered O Insured v �,$gistered ❑ Insured Certified O COD _ LJ Certified ❑ COD ❑ Express Mail — ❑ Express Mail f� �. •-----. Always obtain signature of addressee or age t and C Always Obtain signature of addressee o agent and DATE DELIVERED \ DATE DELIVERED 0 J5S ure— Addressee Q 5 Signature-- Addressee i. 1— (---_,1 9, ,..:,/%! I -.'"IC. m r r , L o., < 6 Signature—A wA n X S 7 Date of Delivery / Date of Delivery m m a C (' /7' - ,....2C ' 2 8. Addressee's Address(ONLY if requested en ee paid z Addressee's Address(ONLY if requested an. ee paid Z z rn mi m / -,/ ; ,/ / ," m Ti i 1 'a —— l SENDER Complete items 1,2,3 and 4 --� y ® SENDER Complete items 1,2,3 and 4 m Q � Put your add,ass in the"RE TURN TO"space on the Put your address in the"RETURN TO"space on the 3 reverse side Failure to do this will 3 reverse side Failure to do this will preven-this card from prevent teivill p from W being returned to you The return receipt (4 oa oe,ng returned to you The return receipt fee viii provide 0o fee will provide you the name of the person delivered to and t to date of You the name o'the person delivered to aid the date of —. delivery For additional fees_the following sers ices are delive For additional fees the following services are • ry c available Consult postmaster to, fees and check boxes) E' available Consult postmaster for fees and check boxes) 'C for service(s) requested for service(s) requested .i, fol ^ W 1 Show to whom,date and eddies of del very 1 �J ,hovv to whom,date and address of delivery W 'A 2 r_' Restricted Delivery A 2 n Restricted Delivery A A ...."1 V A 3 RALEY LABEL co co •- - u m ' JOHN & WANDA MCNAMARA P•0• BOX 578 1511 E. 16TH STREET EVANS, CO 80620 ' GREELEY, CO 80631 ...S4 Type o�Service P.rtrc,a, _ 4 Type of Service Article Number ❑ •steied r] Insured N D egistered O Insured Certified O COD ,L6 Certified O COD ❑ Express Mail ❑ Express Mail �, l� / y c. Always obtain signature of addressee or agent andi •.-\-- Always obtain signature of addressee or agent and DATE DELIVERED DATE DELIVERED 00 Sig attire add essee 0 5 Signature—Addressee 3 X 0 X l.. i' .'<< „� , }?P,. � '�( cn 6 Sign ture gent \', N 6 Signature—gent V✓C r '- t X `\ ' 5 X mDate of Delivery m 7 Date of Delivery —4 C —4 7° 8 A x 8 Addressee's Address(ONLY ifrequeste a ,ee pa: Addressee's address(ONLY if requested and fee paid) Z Z ' 33 A m m m n m a m �'� ! 1 i 4 r i,) y SENDER• Complete items 1,2,3 and 4. T N R w o Put your address in the"RETURN TO"space on the m �'J 3 reverse side. Failure to do this will prevent this card from RJ ® 5. ra ca ES being returned to you.The return receipt fee will provide w¢ Z W HI + you the name of the person delivered to and the date of WE O W M o ` delivery For additional fees the following services are ¢ fy �p m o m c available.Consult postmaster for fees and check box(es) m w¢ H O iU 3— ,, ., for service(s)requested. U� C!] GO m .a Q c o t0 Q-• IX w Fw-- O Z LL Op c°o a W 1 Show to whom,date and address of delivery. N ® z z `O OU IL m .2 m O CO C m A 0 Restricted Delivery. cc o W —i m �'— Qo y A _z d ~ • '� m ≥ 0 13.O .6 zo W W IL o° rd `01.3 ua o ° 3 �. 0 CD W z z a w C ° B c 0 -I JOE GODDARD & SON, INC. 41 ^ W N r _? mm < 17, E P.O. BOX 1035 Q r^' a v co ¢ ° ao o a GREELEY, CO 80632 'D's'n v. 8864 'qed `0138£wdoj • i A `. Type of Service. Article Number Dgistered 0 Insured Certified 0 COD Z Always;fri obtain signature of addressee or agent and o J p4 N DATE DELIVERED. o¢ W vs ea mg Z o 5 Si aiure� dress / ' LLI -J <C H O X \ ,,\\\ �! L Rl U.' z a W — o r m U , 'Y- F- ¢o ` �+ W t 1 t° en 6 Srq ature—Agent u7 ft = wQ n W Cfy—I O m 22 3≥ ur 1 9 fU () o z a U] CO o C a oQ m n X rTl Er w w a H 0 IL o p c°i o 1 m 7. Date of Delivery p Q. o zz v GO Ex-I O LL 0 00 Os, C m C '"I 2 11985 6b ¢Q U Z' ≥ p -2;12 m is C N I-- , 2S ,—I a ; TL, a� 'o ❑ Z 8 Addressee's Address(ONLY if requeste afee pa ii o ❑ id m m< S ILI Zz <4 W• W m ❑ °�' aE me a " m ❑_ 0 D W co ai n o J `E n m co ,E m W z Q -I W V, E © °3 °m i- N i y • N- p4 a U cn ¢ ¢$ a o j- O D's n +,- 8861 '4®d `0138£ L® _ fn a SENDER Complete items 1,2,3 and 4. T o Put your address in the"RETURN TO"space on the 3 reverse side Failure to do this will prevent this card from co being returned to you The return receipt fee will provide _a you the name of the person delivered to and the date of • delivery For additional fees the following services are R F L available Consult postmaster for fees and check boxes) m o a ea as � for se es) requested m cc co Mn w W 1 Show to whom,date and address of delivery wz LILII oLs Li-) ll ¢o m 3≥ P 2 0 Restricted Delivery ru Idj w¢ m o m d v z 0 CD c— ❑ m Co m c o w CO CO m u_ 3 a c°5 w 3_ — N ® z W In o .c a) C MARY JANE DONAVAN ❑ "` 1019 E. 16TH STREET ' rR F. jo r- O U o°i ? Q aaic a� m ❑ '�'I— W w m o a°i° v¢ o ° GREELEY, CO 80631 O Y D- Zz D d a d mE do °' m o W • °i °tea) Ti `0 E°5 r Em J E IX O O N a d N$ N A ~ W 004 W W n. 0 m c cr..-o cma 4 Type of Service $ Article Number d gJ s n 886E 4®� `13fi?h t\ ❑❑registered 0 Insured Id Certified 0 COD ,/- ❑ Express Mail `��1—c,//) C� Always obtain signature of addressee or agent and CC.• 't DATE DELIVERED O 5 Signature—Addressee o m L 4; 1,L- c--.�.� // -1'—e— -c 4�� Li T3 6 Signature—Agent m`: ® og t7 X Et w E II 7. Date of Delivery rli ¢ i W ("1 a°� 3≥ N C M o o W �o ii z 8 Addressee's Address(ONLY if requested and fee plaid) c.)w ra m u_ 8❑ c o Uz G W "r y rn« ci5Oy i0 m C'I N LI •z- u �+ HO Z ≥ a 0 6- m m -RI 75 /� c 0. toi- a LL a 0)is Q¢ o ° d pgg z Z m a iy cc E ro a o_ '5 U o W W W m ° CO E� Q `° MI H W y r d y °8 '5 0' y Q- M N W 0 0 w a ¢� cO OF a° O1 D°g°n M P4 886B. 'WA 'ME plod Sd j, t I SENDER Complete.toms I,-.,3 A,'e 4. u" `J NDig R' Complete items 1,2,3 and 4. nO Put your address in the"RETURN TO"JpaCe r tt�a ▪ Put your address in the"RETURN TO"space on the 3 reverse side. Failure to do this will present the card from 3 reverse side Failure to do this will crevent this card from being returned to you The return receipt fee, ill provide tii being returned to you The return receipt fee will provide —• you the name of the person delivered to and-0-a date of 3 you the name of the person delivered to and the date of • delivery. For additional fees the folloo ing sere ces are delivery Far additional fees the following services are c available.Consult postmaster far fees and chect boxles) available.Consult postmaster for fees and check boxes) ' for rs-erviicce(s)requested. .6 for service(s) requested W1. L�J Show to whom,date and address of del 'erg w 1 how to whom,date and address of delivery AA 2 C Restricted Delivery A 2 0 Restricted Delivery. v _ . - - V ------ x A 3 rL' l�eei i A WILLIAM & ROSE MARIE STITT 1309 E. 16TH STREET WILLIAM H. & JUDY SCHMIDT GREELEY, CO 80631 { 1804 E. 16TH STREET GREELEY, CO 80631 . 4 Type of Service Article Number ) } 4• type of Service Article Number i ;Registered 0 Insured �. ❑,,,registered 0 Insured ��\ LXCertified 0 COD a. Certified 0 COD A"- �� C Express Mail ''°'7 'r,C�s • ❑ Express Mail Y i in _7. '� -, \,-,•:, Always obtain signature of addressee or agent,rid < Always obtain signature of addressee or agent and DATE DELIVERED \ DATE DELIVERED O 5 Signature -Addressee O 5 Signature— odress _ w 6 •,", , t Signature -Agent e r N 6 Signature—Agent —I —I 5 X 5 X 717 7 Date of Delivery 7 Date of Delivery m m —I r- - . 'r I r C z 8. Addressee's Address(ONLY if requested ant fee paid) Z 8 Addressee's Address(ONLY ff requeste and fee paid) xi m / „i 7 f SENDER Complete items 1,2,3 and 4 SENDER Complete items 1,2,3 and 4. a INr m o Put your address in the"RETURN TO"space of the a Put your,aiidre s in the"RE i iJ RN TO"space on the 3 reverse side. Failure to do this will prevent this card from j reverse side Failure to do this wib prevent this card from M.7 being returned to you The return receipt fee wi I provide V l being returned to you The return receipt fee will provide —. you the name of the person delivered to and the date of zsyou the name of the person delivered to and the date of r delivery For additional tees the following services are - delivery For additional tees the following services are e available Consult postmaster for fees and check box(es) c available Consult postmaster for fees and cheek boxes) .4 for service(s) requested •e for servieelsi requested CIS to whom,date and address of de' tm 1. E S hosf ivory. C.4 1. Show to whom,date and address of delivery. W 2. 0 Restricted Delivery. A 2 [] Rsrrictad Delivery A , -- - -- - - e* �--, - - - ------- - --- -- ---— 3. r. 3 LOUISE L. KELLEY s ' GARY W. & NANCY L. NOLIN 1321 E. 16TH STREET 1601 ELDER STREET GREELEY, CO 80631 ) GREELEY, CO 80631 _ ^— 4 Type of Service' Article Number ' 4 Type of Service r -Article Numoer ( i❑,i2gistered 0 Insured -� r, ❑ e9istered 0 Insured V Ai Certified 0 COD "j Certified ❑ COD 0 Express Mail _...1 , �-i ❑ Express Mail ''— �" h Always obtain signature of addressee or agent and Always obtain signature of addressee or agent and I \ DATE DELIVERED DATE DELIVERED A0 Signature—Addressee D 5 Signature— Addressee 3 l ' X �1 • ), • in /6. Signe ure—Agent 0 6 Signature— Agent t 5 X r x m 7. Date of Delivery 73 7 Date of Delivery RI m -4 C Z 8. Addressee's Address(ONLY if requeste a E'e pald Z 8 Addressee's Address(ONLY if requested and fee paid) 70 77 mm n m e 70 f ..-f R c=' illiill — — - m ® 3 Q T SENDER. Complete item.ev.1, ,, t -- `� i Put your address in the"RETURN ,J"space on toe — H 3 reverse side Failure to do thi,will Jr..vent this cardfrom / ru giu ,:c l uw¢ u7 ¢o W M being returned to you The return rece'pt fie vnll provides UH O a o u the name of the person delivered to and the date of z t ` delivery, For additional fees the followinc services are Q. DE r_),,,� [ �; o w c available.Consult postmaster for fees and check box les) D--- 0 cwi z , x aoi _c= CO ,:o •< for service(s)requested co U ; r y m W 1 Show to whom,date and address o delivery ®' Et �� m C. m m A 2 Lxj zz W cal W ❑ 0-.0ca CO ❑ A0 Restricted Delivery LxOt z —7 miii.. a m m �d y o co Aez O W m v �o m� a xCAT( 3 a° in- ,� » Q E DAVID L. TRIMBER co o �g �o 0 0 1932 E. 16TH STREET -'J'S fl a GREELEY, CO 80631 886L °qed '008£mood Sd I i I 4. Type of Service Article Number cl �� g stered ❑ insured H .. Its Certified 0 COD IO o FH1 0 Exp•ess Mail �� r fU ® o av \ Always obtain signature of addressee or agent and W11111 \ DATE DELIVERED a,y CL a H H u7 co W W 4-, E p ru cc ¢— WM it p: 1/40 2. r a�i o m UJ >z H O m 3≥ n m r .......... 0 O W U] a0 c. o m y ��i- - Q' w C/� a) 6 oj� u.' __________________________________________________=t lti �z Ox is $❑ co n 0 z- H O u_ Z Lm 3m c r-� ¢¢ �O U ; rA L wr m ® 7 Date of I= cc wo 27 m -E-)_ a❑ co m m Delivery EL z o • D+ ii m c aQ O0 O C aft W W ❑ a N m coi o 8 0 H a, a0i rU ¢E E c a x Z 8 Addressee's Address(ONL�rfrequestAr am ee paid) W z ra rn W m s m c c o `m ,� c CC i� O W m r aoi y �t Py Q E m 37 CD a 0 up ¢ ¢c CC IV 0 0 a0 m v fo"s°n 4t 886L °qod 'OO8£al?AO. II I • SENDER Complete items 1,2,3 and 4. T —g --- ut your address in the"RETURN TO"spa:e on the reverse side, Failure to do this will prevent tnis card from o being returned to o f P r 1 3 2 5 you The return receipt fee willprovide '� ® o¢ 2 4 9 You the name of the person delivered to and the dare of ueUiieja For additional fees the following services are IL ,= O_`J H RECEIPT ®� CERTIFIED �e�0� vadable. Consult postmaster for fees and check boxles) _ w¢ f' ¢CD Z W Cr) NO INSURANCE COVERAGE PROVIDED or service s)requested. tl! D H s-O NOT FOR INTERNATIONAL MAIL 1• Show to whom,date and address of delivery. ul War i=m ..,1 O 2.< C t/] 00 t7� w I- 0 x /SAP Ra><<?r_cal 2• 0 Restricted Delivery. IT- O ig. zz f� HO I N a 'x o W U CRAPPS & VARRA I a o z • w 1123 E. 16TH STREET FOREST & CONSTANCE MUELLER W z rn I-4 GREELEY, CO 80631 1001 E. 16TH STREET (24 o I GREELEY, CO 80631 C.9 Postage $ N MN Certified Fee ,_9egistered O Insured Certified ❑ COD Special Delivery Fee IIIII ❑ Express Mail ,�!((� t/�� / J Q1�7 r�/ , �./ Restricted Delivery Fee MI eilways obtain signature of addressee or agent and DATE DELIVERED. Return Receipt Showing 5 Si Ea J • to whom and Date DeliveredMill 9nat�e—Addressee ® >< U Return receipt showing to whom, K i' v ! fll NI a J H Date,and Address of Delivery Agent 1.t 5. Signature—LL, Lij o N o TOTAL Postage and Fees 1111 IZJ w~ O m o t. Date of Delivery, Postmark or Date C" ,' y' k_ < CC w r— m 03 I. Addressee's Address N 0 a q o O (ONLY iffrequeste an ee par r4 H ELT- d L �_ zo q '✓mot"7 '=�� d —z co O W n. 0 • W y — o n I F— 'q_ WO � � a° CO Cl) cc I Ix•-•40 0 CI- 0_ I h Pa C7 d°®°S°f1 886a °qoA toe io ( Sd , f • SENDER: Complete items 1,2,3 and 4. TI O W g Put your address in the"RETURN TO"space on the Rl 'ail a 3 reverse side Failure to do this will prevent this card from .7' IIIIIII W being returned to you.The return receipt fee will provide ® o¢ W r� you the name of the person delivered to and the date of am ru a delivery. For additional fees the following services are 11. w z H CE available.Consult postmaster for fees and check box(es) c LT) W ¢a , Z W M -o 3 0 Z for servic s)requested. 4 vO m (.) 8 z Q 't H ° m> o ai Op 1. Show to whom,date and address of delivery. w m c— '•C m CC N 0 c. Q z x CID ro LL 'off �° a a 2. 0 Restricted Delivery__ ___ r9 W Q¢ ` O H O u m �m o0) E E O VD O > m ,= d 0° a —, ' a0 a.- C co A _. a z o °' as ° m CRAPPS VARRA E) w op a is .3" - E -I x 1123 E. 16TH STREET ILIit `° E't J f0 CC z o w o a 3 9a GREELEY, CO 80631 0 W 0 0 L rn cc ¢ MC I- a° rs•n * ° t861 go '0085 W1oj s e 4 Type of Service'4 R Article Number ❑ gegistered 0 Insured 1 Certified 0 COD �/ 0 Express Mail r� 7f —I 'N Always obtain signature of addressee or agent and l et co DATE DELIVERED. >¢ 69 e> 5 nature—Addressee 762 Iv W X o g4 a- 4101 L y 6. Sig ature nt // ru cc /1 ¢� W H O 2 3> 5 YA ftI W jz v] 00 co> om °`a' n X 0 o�w I H x 0' c a' iz* li 7 Dat of liver p'- CC wV— R+' HO a°i LL 0 c° a m t- ✓ 4 0 C. H o Li_ a^ .c a) 3ra c C � N z— °' (1)Ti; rC m m r9 W <o • —4 a0 - is 0 Z 8 Addr ssee's A dross(ONLY if requested and fee paid) a V)1 aww Im m 8� ma o J 3 a zo o a c� ° m m /l ? I / (i' 'W z q a m a °' ¢E do a n O O H co w co -.= it c 0 A J m W z > co W ° v L I ¢ E i CC i d' CT o 0 as o a)3 5 m 0 o 1 , q •-a U' a° U co ¢ ° cc o - 0o_ •d•D•S•ft * MI-°4®d toes WJOd c„ i I P 179 325 247 P 179 32--_l 248 -J z RECEIPT FOR CERTIFIED MAIL D a RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED r w o¢ Z �' NOT FOR INTERNATIONAL MAIL ru la cc NO INSURANCE COVERAGE PROVIDED a-' --+ NOT FOR INTERNATIONAL MAIL Ln ,. L,a h oz a' a H %O m Cr a N v a JACOB H. & ADRIAN ESQUIBEL z m MYRON T. & VELMA ADAMS (''- �w cC H 2424 17TH AVENUE N O L z z �' O 1850 E. 16TH STREET GREELEY, CO 80631 r-1 -• a cc -- w GREELEY, CO 80631 I- =u_ q Cl- a zo 3ww CC u.Ill L — C.) o y, ,__a z W 03 Postage $ UI Z . r v Postage $ n C.7 --i O a° 0 rn 4 Certified Fee '9's•fl 4 * Certified Fee Special Delivery Fee Special Delivery Fee Restricted Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered H Return Receipt Showing q to whom and Date Delivered Return receipt showing to whom, H m Date,and Address of Delivery Q Return receipt showing to whom, P _.. ___.. ._ . .._._.Y , 2 o w a> Date,and Address of Delivery � TOTAL Postage and Fees $ >¢ U co ,- co -D W H h TOTAL Postage and Fees $ _ °.w W cri 1L Postmark or Date F- ¢o H o Postmark or Date r°pi -CC cc R. I"7 t/] 00 CO co w Co o rL 0 o g u≥s x LJ6 In p LU i- o� U. 0 0" H .1 o �•; w i ---— -- - w w zo H i-4 _Q B mow` `�j� O a 0 oz a o �W/ tip 0 9 Eo J Cs W z H 00 W in E 5 a :3 7 a i_ 5 6Y -+ C 7 a.° U cn ¢ 1-5 S CC O I0- a° _ d•o•STI * L86I. °48d '0085 W,0=1 Sd Hello