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RESOLUTION
RE: APPROVAL OF USE BY SPECIAL REVIEW FOR AN OPEN-CUT DRY MINING
OPERATION - ROGER REEVE
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 16th day of April, 1986 , at the hour of 2: 00 p.m.
in the Chambers of the Board for the purpose of hearing the
application of Roger Reeve, 21775 Weld County Road 45 , La Salle,
Colorado 80645 for a Use by Special Review for an open-cut dry
mining operation on the following described real estate , to-wit:
Tart of the NE4, Section 15 , Township 4 North,
Range 65 West of the 6th P.M. , Weld County,
Colorado
WHEREAS, Section 24 . 4. 2 of the Weld County Zoning Ordinance
provides standards for review of said Use by Special Review, and
WHEREAS, the Board of County Commissioners heard all of the
testimony and statements of those present, has studied the request
of the applicant and the recommendations of the Weld County
Planning Commission and all of the exhibits and evidence presented
in this matter and, having been fully informed, finds that this
request shall be approved for the following reasons:
1. The submitted materials are in compliance with the
application requirements of Sections 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 has shown compliance with Section
24 . 4 . 2 of the Weld County Zoning Ordinance as follows:
a. This request is in compliance with the Weld County
Comprehensive Plan which allows uses of an
industrial nature to occur where the resources are
available (i.e. , sand and gravel operations as
noted on pages 62-63 of the Comprehensive Plan) .
b . The proposal is consistent with the intent of the
Agricultural Zone District in that the proposed use
does not interfere with other agricultural
activities in the area or the County, and as a Use
f( 860365
Page 2
RE: USR - REEVE
by Special Review the activity can take place in
the district.
c. The activities proposed will be compatible with
existing agricultural and rural residential uses in
the neighborhood, as well as the projected
development in the future.
d. No overlay districts affect the site.
e. Use by Special Review Development Standards will
provide adequate protection of the health, safety
and welfare of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the application for a
Use by Special Review for an open-cut dry mining operation on the
hereinabove described parcel (DI land be , and hereby is , granted
subject to the following conditions:
1 . The attached Development Standards for the Use by
Special Review permit be adopted and placed on the Use
by Special Review plat prior to recording the plat.
2. The Use by Special Review activity shall not occur nor
shall any building or electrical permits be issued on
the property until the Use by Special Review plat has
been delivered to the Department of Planning Services
Office and the plat is ready to be recorded in the
office of the Weld County Clerk and Recorder.
3. The following note being placed on the Use by Special
Review permit plat:
NOTE: The Mined Land Reclamation Board has the
authority to issue permits for mining and reclamation
activities. Activities related to mining and
reclamation are, therefore, under the jurisdiction of
the Mined Land Reclamation Board; however, Weld County
has jurisdiction of those matters outlined in the
Development Standards.
4. The applicant shall submit evidence of compliance with
Section 44 . 4 . 10 - Insurance , to the Department of
Planning Services.
860365
Page 3
RE: USR - REEVE
The above and foregoing Resolution was, on motion duly made
and seconder, adopted by the following vote on the 16th day of
April, A.D. , 1986.
BOARD OF COUNTY COMMISSIONFRS
ATTEST: awv � WELD COUNTY COLORADO
Weld County lerk and Recorder p,-cj „
and Clerk to the Board J cqu%ine o nson, Chairman
C EXCUSED
D� �14f�i1ccei Go n E. Lacy, Pro-Tem
Seputy County lerk 2 ii-1et
APPROVED AS TO FORM: ere R. Brantner
l 1 1 C. Ki by
J�.T L.-4 d� �/
4T .4 . County Attorney EXCUSED
Frank Yamaguchi
86-0365
DEVELOPMENT STANDARDS
Roger Reeve
USR-725 : 86 : 5
1 . The Use by Special Review permit is for an open-cut dry
mining operation as submitted in the application materials on
file in the Department of Planning Services and subject to
the Development Standards stated herein.
2. Vehicular traffic shall ingress and egress onto Weld County
Road 46 . The haul route shall be from the point of ingress
and egress north on Weld County Road 43-1/2 and then westto
Weld County Road 43 , or east on Weld County Road 46 to Weld
County Road 49. This haul route restriction shall be posted
at the -gravel pit exit, visible to all users.
3 . The applicant/operator _shall repair any damage on the haul
route which is created by heavy truck traffic hauling from
the gravel pit. Evidence of damage would include:
- Rutting
- Soft spots
- Wash boarding
- Gravel loss
4 . Well permits #11961 and #11962 are permitted for irrigation
purposes only and shall not be used for dust suppression or
as a source of water for this Use by Special Review
operation.
5. The applicant/operator shall obtain the required Emissions
Permit from the Air Pollution Control Division, Colorado
Department of Health.
6 . The owner/operator shall be responsible for dust control from
the pit area to Weld County Road 43 and Weld County Road 49_.
Water , asphaltic emulsions , waste oil or commercially
available chemicals may be used to control dust. Materials
and methods used shall not be inconsistent with Federal,
State or local laws , rules or regulations pertaining to
hazardous materials, health or environmental protection.
7 . In the event truck traffic associated with the sand and
gravel operation exceeds ten vehicles -per day, the
owner/operator shall be required to enter into a Road
Maintenance Agreement with Weld County.
8-60365
Page 2
DEVELOPMENT STANDARDS - REEVE
8 . The open-cut gravel operation shall comply with Section 44. 4 ,
Operation Policies , of the Weld County Zoning Ordinance.
9. All construction done on the property shall be in accordance
with the requirements of the Weld County Building Code
Ordinance.
10 . The property owner or operator shall be responsible for
complying with the Design Standards of Section 24 . 5 of the
Weld County Zoning Ordinance.
11 . The property owner or operator shall be responsible for
complying with the Operation Standards of Section 24_. 6 of the
Weld County Zoning Ordinance.
12. Personnel from the Weld County Health Department and Weld
County Department of Planning Services shall be granted
access onto the property at any reasonable time in order to
insure the activities carried out on the property comply with
the Development Standards stated herein and all applicable
Weld County Regulations.
13 . The Use by Special Review area shall be limited to the plans
shown herein and governed by the foregoing Standards and all
applicable Weld County Regulations. Any material deviations
from the plans or Standards as shown or stated shall require
the approval of an amendment of the Permit by the Weld County
Planning Commission and the Board of County Commissioners
before such changes from the plans or Standards are
permitted. Any other changes shall be filed -in the office of
the Department of Planning Services.
14 . The property owner or operator shall be responsible for
complying with all of the foregoing Standards. Noncompliance
with any of the foregoing Standards may be reason for
revocation of the Permit by the Board of County
Commissioners.
860365
HEARING CERTIFICATION
DOCKET NO. '86-21
RE: USE BY SPECIAL REVIEW FOR AN OPEN-CUT DRY MINING OPERATION - ROGER
REEVE
A public hearing was conducted on April 16, 1986, at 2:00 P.M. , with
the following present:
Commissioner JacquelineJohnson, Chairman
Commissioner Gordon E. Lacy, Pro-Tem - Excused
Commissioner Gene Brantner
Commissioner C.W. Kirby
Commissioner Frank Yamaguchi - Excused
Also present:
Acting Clerk to the Board, Mary Reiff
Assistant County Attorney, Bruce T. Barker
Planning Department representative, Debbie de Besche
The following business was transacted:
I hereby certify that pursuant to a notice dated March 26, 1986, and
duly published April 3, 1986, in the Johnstown Breeze, a public hearing
was conducted to consider the request of Roger Reeve for a Use by
Special Review for an open-cut dry mining operation. Chairman Johnson
advised the applicant that only three Commissioners were present for
this hearing and approval of the Use by Special Review requires the
approval of three Commissioners. The applicant chose to proceed with
the hearing today rather than request that the matter be continued to a
time when all Commissioners will be present. Bruce Barker, Assistant
County Attorney, made this matter of record. Debbie de Besche,
Planning Department representative, read the favorable recommendation
of the Planning Commission into the record, stating that five
Conditions and fourteen Development Standards are proposed for this Use
by Special Review. She also noted that Condition #5 has been met.
Dale Reeve, son of the applicant, came forward to answer questions of
the Board. He stated that the proposed Development Standards are
acceptable to the applicant. No public comment was received concerning
this request. Commissioner Brantner moved to approve the Use by
Special Review for Roger Reeve, subject to the Conditions and
Development Standards as recommended by the Planning Commission.
Commissioner Kirby seconded the motion which carried unanimously.
This Certification was approved on the 21st day of April, 1986.
r• •le- APPROVED:
� Q"ta BOARD OF COUNTY COMMISSIONERS
ATTEST
WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Boa
J cque e Joh n, Chairman
BK /fyJc-is-c.e-- EXCUSED
/eputy County Cle Go n E. Lacy, Pro-Tem
Agra eleteit'S
Gene R. Brantner
&,/)i't;fre
C.W. Kirby
EXCUSED
Frank Yamaguchi
TAPE #86-28
DOCKET #86-21
PL0033
ATTENDANCE RECORD
TODAY' S HEARINGS ARE AS FOLLOWS: APRIL 16, 1986
DOCKET #85-93 - SHOW CAUSE, SUP #427 - STAN RECH DBA 31 DISPOSAL
DOCKET #86-7 - SHOW CAUSE, USR #686 - BERNARD & CHERYL HOOGLAND
DOCKET #86-14 - USR, OIL & GAS PRODUCTION FACILITIES IN R-1 ZONE DISTRICT - ELK EXPLORATION
DOCKET #86-20 - USR, AG RELAT-ED STORAGE WAREHOUSE, RALPH NIX, INC.
DOCKET #86-21 - USR, OPEN-CUT DRY MINING OPERATION, ROGER REEVE
PLEASE write or print legibly your-name, address and the DOC # (as listed
above) or the applicants name of the hearing you are attending.
NAME ADDRESS HEARING ATTENDING
cri A7-e. 4< 2/7 Le.)a. git► i Q,;//c
7/di 212 (i7 /475-,5;.n13Me// 4L: -z
ick.t.„.4..,R 6 �✓` iecz(a,�,►JA_ ti5-t �'�6 * 36- 10-03,2-
�% / ( 91/ /274 c ri %'YP1T V° FD (J3
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 Use by Special
Review are requested to attend and may be heard.
Should the applicant or any interested party desire the presence of a court
reporter to make a record of the proceedings, in addition to the taped
record which will be kept during the hearing, the Clerk to the Board's
Office can be contacted for a list of 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 borneby 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. 86-21 Roger Reeve
21775 -Weld County Road 45
La Salle, Colorado 80645
DATE: April 16, 1986
TIME: 2:00 P.M.
REQUEST: Use by Special Review - Open-cut dry mining operation
LEGAL DESCRIPTION: Part of the NE}, Section 15, Township 4 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: March 26, 1986
PUBLISHED: April 3, 1986, in the Johnstown Breeze
r>
AFFIDAVIT OF PUBLICATION
NOTICE
Pursuant to,the zoning laws of
the State of Colorado and the
a Weld County hearing held
Zoning Ordinance,e, THE JOHNSTOWN BREEZE
the Chambers of the Board of STATE OF COLORADO 1
County Commissioners of Weld 1 SS
County, Colorado, Weld County
Centennial Center, 915 10th COUNTY OF WELD 1
Street, First Floor, Greeley, [, d CI eecified. Clyde , do solemnly swear that I
Colorado, at the time specified.
All persons in any am publisher of The Johnstown Breeze;
in
are requested the to attend Ute by Special e
Review that the same is a weekly newspaper
and may beerd.etl
printed, in whole or in part, and published
Should the applicant or any in the County of Weld, State of Colorado,
interested- party desire the and has a general circulation therein; that
presence of a court reporter to
make a.i record- of the pro- said newspaper has been published
e rd n addition to the taped continuously and uninterruptedly in said
re
cord which will e be Kepttou`the
the hearing, County of Weld for a period of more than
Board's Office can be contacted fifty-two consecutive weeks prior to the
fora list of court reporters in the
area. u a coup reporter s first publication of the annexed legal notice
obtained,
ff ce shalt be Clerk to the nBwrriii ng or advertisement; that said newspaper has
of such action at least five days been admitted to the United States mails as
prior to the hearing. The cost of
en aing a court reporter shall second-class matter under the 1 ovisions of
be bogrne by the requesting party. p'
BE IT ALSO KNOWN that the the Act of March 3, 1879, (Jr any
text and maps so certified by the amendments thereof, and that said
Weld County Planning Commis- newspaper is a weekly newspaper duly
sign may be examined
County the
.n the qualified for publishing legal notices and
office of Commissioners,Blocat d..
f
advertisements within the meaning of the
in the Weld County Centennial
Center, 915 10th Street, Third laws of the State of Colorado.
Floor, Greeley, Colorado. That the annexed legal notice or advertise-
APPLICANT ment was published in the regular and
Roger Reeve - entire issue of every number of said weekly
21775LaSalle, Colorado Weld County Road
80645
newspaper for the period of 1 consecu-
DOCKET NO. 86-21 tive insertions; and that the first
DATE: April 16, 1986 • publication of said nohcv`,was in the issued_
said newspaper dated . —3 A.D. ii,87
TIME: 2:00 P.M. - and that the last publication of said notice
REQUEST: Use by. Special
Review - Open-cut',dry mining was in the issue of said newspaper dated
operation A.D, 19
LEGAL 'DESCRIPTION: Part of • In witness whereof I have hereunto set
the NE`4,.Section 15,Township 4 my hand his P day of :.
09
P.M, Weldge 65 CounWest of the Colorado 6th A.D. 19.4
P.M.,
BOARD OF COUNTY
COMMISSIONERS
WELD COUNTY,
COLORADO
BY: MARY ANN Publisher
FEUERSTEIN
COUNTY CLERK AND
RECORDER CLERK
AND BOARD
Subscribed and sworn to before me, a
BY: Mary Reiff, Deputy Notary Public in and for the County of
DATED: March 26, 1986 ..
W Id, State.. A.D. lAof Colorado,-. this !'d day of
PUBLISHED April 3, 1986,in the
.
Johnstown Breeze
a Notary Public_
My commission expires
' 2 : rte .,_ A..0,,a
•
Affidavit of Publication
STATE OF COLORADO)
County of Weld) ss.
1 Paul Masenv of
said County of Weld being duly sworn.say that I
am publisher of
L't .L'A11 e T.is AR c1er
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
one Miragi 47f
weeks; that the notice was published in the
regular and entire issue of every number of said .
newspaper during the period and time of publica-
tion of said notice and in the newspaper proper
and not in a supplement thereof: that the first -
publication of said notice was contained in the ✓
issue of said newspaper bearing the date, the PwsvenHo Me soai adit“, s of Me al oueh4ceNn al Ua y live days REQUEST:Use bining Special Review-
Open-cut dry mining operation
County bolas StrelM ��
3 date of April A.D.. 1980 anubile nw N'Wieed MOte betel,NAM tNl�w421t-- LEGAL DESCRtPTtON:Part of the
ChaaMrs el ton ward M aunty .- " NEIh,Section IS,Township 6 North,
and the last publication thereof, in the issue of Ce '`Ob fy w'"' to CMN,ounty:West of the 6th P.M.,Weld
[atom,YBe1S�Y i>f" iE ITALIC KNOWN that t county,Colorado
said newspaper,bearing date,the 3 day of Center,to Unit Street.Mat Floar, and ty Pea ning co day IM"Wa
a ifl , Alterad0, 7l Me Nma aunty Planning Ce offices•may BOARDOF COUNTY
. 1980 that the said a: l.Ie.AN persons in any-inaa• - Clerk o the la the ollice o1 1M COMMISSIONERS
nor Revs wir in IM led by fps- Clem Jo Me Beard el County WELOCOUNTY,COLORADO.
clot Review ire mauled to aHMd Commissioners,located in the Weld
La Salle Leader and may be heard, Cowin Cemdnnial Canter,elf ltM By: MARY ANN FEUER ST IN
Street, Third Floes, Greeley, CM COUNTY CLERK & RECORDER
has been published continously and uninter- Should the applicant or any Into. Wade, AND CLERK TO THE BOARD
ruptedly during the period of at least fifty-two rested'party desire the presence of APPLICANT
consecutive weeks next prior to the first issue a recorded court reporter to mask! Roger Reeve BV:Mary Reiff,
a record of tapedr tdinya,in adds- 2171S Weld County Read dS Deputy
thereof containing said notice or advertisement lion to the taped record which will LO SLM,Colorado,- -.
above referred to: and that said newspaper was be kept during the hearing. the _ DATED: March 26, 1986
at the time of each of the publications of said Clerk to the Boardh OfItH ban' DOCKET NO. 86-21
W rt report for a he et Hrtilla PUBLISHED in the La Salle Leader
notice duly qualified for that purpose within the Hurt reporters idthe xea, II a April 3, 19e6-
meaning of an act entitled, "An Act Concerning court reporter Is obtained, the DATE: April 16, 1986
Legal Notices, Advertisements and Publications Curk to tn! Bbd's Of•
ItC! SMII 2e adviifd in writln9 TIME: 2:00 P.M.
and the Fees of Printers and Publishers thereof,
and to Repeal all Acts and Parts of Acts in Con- - -
flict with the Provisions of this Act" approved
April 7, 1921, and all amendments thereof, and
particularily as amended by an act approved,
March 30, 1923, and an act approved May 13.3;110/71.,o
i
Publisher
/91()
Subscribed and sworn to bcicrc me this p
day oLI%a.i iX A.D., 19 0/ 6
v%Y;, '‘411-0'..C�l�-'Notary IY ublic
76 l 4 r- ,?"mot-C
_ lux , 7L% do goy) /
l
[My commission expires Iifi6 /U L/
DATE: March 26 , 1986
TO: The Board of County Commissioners
Weld County, Colorado
FROM: Clerk to the Board Office
Commissioners:
If you have no objections , we have tentatively set the
following hearings for the 16th day of April, 1986 , at 2: 00 P.M.
Docket No. 86-20 - Ralph Nix, Inc. , USR-Agricultural related
storage warehouse to be used primarily for the storage and
processing of onions
Docket No. 86-21 - Roger Reeve, USR-Open-cut dry mining operation
OFFICE OF THE CLE K TO THE BOARD
BY: /,%n� 9A� Deputy
The above mentioned hearing date and hearing time may be scheduled
on the agenda as stated above .
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
"P4/4*
PL0032
Ex/t/B/7 4
Summary of the Weld County Planning Commission Meeting
March 18, 1986
Page 5
The Chairman asked that reading of the staff's recommendations, conditions,
and Development Standards be dispensed with and that they be filed with the
summary as a permanent record of these proceedings.
MOTION:
Paulette Weaver moved Case Number Amended USR-522:86:6 for Colorado
Gathering and Processing, Inc. , for an amendment of a Use by Special Review
permit to allow expansion of a gas processing facility be forwarded to the
Board of County Commissioners with the Planning Commission's recommendation
for approval based upon the recommendations, conditions, and Development
Standards as outlined by the Department of Planning Services staff and the
testimony of the applicant. Motion seconded by Doug Graff.
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. Louis Rademacher — Yes; Harlan Else — Yes;
Don Johnson — Yes; Lynn Brown — Yes; Doug Graff — Yes; Lydia Dunbar — Yes;
Paulette Weaver — Yes; Jack Holman — Yes. Motion carried unanimously.
The Chairman called a break at 3:30 p.m. The meeting was called back to
order at 3:40 p.m. , by the chairman, Jack Holman.
/ CASE NUMBER: USR-725:86:5
A" APPLICANT: Roger Reeve
REQUEST: Use by Special Review permit for an open-cut dry mining permit.
LEGAL DESCRIPTION: Part of the NE} Section 15, T4N, R65W of the 6th P.M. ,
Weld County, Colorado.
LOCATION: Approximately 3 miles southeast of La Salle; east of Weld County
Road 43 and north of Weld County Road 44.
APPEARANCE:
Dale Reeve, son of the applicant, represented his Father. They would like a
Use by Special Review permit for an open-cut gravel pit. The gravel
operation has been at this site for quite awhile and they are now going
through proper channels to comply with Weld County regulations. They have
sold gravel from this site to oil companies to make roads into the well
sites. They wish only to make this site level with the rest of the farm so
it can be reclaimed for farming. He presented a letter documenting
availability of another source of water for dust abatement. This was
retained for the file as evidence. They are about two-thirds done with this
operation. There is only about thirty thousand tons of gravel left at this
site.
s,a
r*
Ex„„3„- e
•
Summary of the Weld County Planning Commission Meeting
March 18, 1986
Page 6
The Chairman asked Mr. Reeve if he had read the recommendations, conditions,
and Development Standards as outlined by the Department of Planning Services
staff? He stated he has and has no objections to them.
The Chairman called for discussion from the members of the audience. There
was none.
The Chairman asked that reading of the recommendations, conditions, and
Development Standards as outlined by the Department of Planning Services
staff be dispensed with and that they be filed with the summary as a
permanent record of these proceedings.
MOTION:
Doug Graff moved Case Number 725:86:5 for Roger Reeve for a Use by -Special
Review permit for an open-cut dry mining permit be forwarded to the Board of
County Commissioners with the Planning Commission's recommendation for
approval based upon the recommendations, conditions, and Development
Standards as outlined by the Department of Planning Services staff and the
testimony of 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. Louis Rademacher - Yes; Harlan Else - Yes;
Don Johnson - Yes; Lynn Brown - Yes; Doug Graff - Yes; Lydia Dunbar - Yes;
Paulette Weaver - Yes; Jack Holman - Yes. Motion carried unanimously.
CASE NUMBER: USR-727:86:8
APPLICANT: Gartrell Interprises, Inc.
REQUEST: Use by Special Review permit for a dry gravel pit mining
operation.
LEGAL DESCRIPTION: Part of the SE} , Section 25, TIN, R67W of the 6th P.M. ,
Weld County, Colorado.
LOCATION: Approximately 1.5 miles northwest of Brighton; south of -Weld
County Road 6 and east of Weld County Road 23.
APPEARANCE:
Harlan Gartrell, applicant, stated this is an old railroad turn-around. The
owners want the gravel taken out to lower the land to pasture level and then
reclaim it back to pasture. This is a triangular area and the gravel ranges
from three to eighteen inches in depth. There will be about ten loads of
gravel taken out per day. There will be a rock crusher at this site as many
of the rocks will need to be broken down for road base. Some of the gravel
will not be crushed and -will be sold as pit-run. He owns a water truck and
BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved 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: n ocv rn„ Fny,
IOS
Wfla
CASE NUMB-ER: USR-T25:86:5
NAME: Roger Reeve - MAR(' 2 19B
ADDRESS: 21775 Weld County Road 45, La Salle, Colorad 80645/ 30 tin,'
REQUEST: A Use by Special Review permit for an open-cut dry mining
operation
LEGAL DESCRIPTION: Part of the _NE} , Section 15, T4N, R65W of the 6th P.M. ,
Weld County, Colorado
LOCATION: Approximately 3 miles southeast of La Salle; east of Weld County
Road 43 and north of -Weld County Road 44
be recommended favorably to the Board of County Commissioners for the
following reasons:
1. The submitted materials are in compliance with application
requirements of Section 24.7, 44.1, 44.2, and 44.3 of the Weld
County Zoning Ordinance.
2. It is the opinion of the Weld County Planning Commission that the
applicant has shown compliance -with Section 24.3 of the held
County Zoning Ordinance as follows:
- This request is in compliance with the Weld County
Comprehensive Plan which allows uses of an industrial
nature to occur where the resources are available,
(i.e. , sand and gravel operations as noted on pages
62-63 of the Comprehensive Plan) .
- The proposal is consistent with the intent of the
Agricultural Zone district in that the proposed use does
not interfere with other agricultural activities in the
area or the County, and as a Use by Special Review the
activity can take place in the district.
- The activities proposed will be compatible with existing
agricultural and rural residential uses in the
neighborhood, as well as the projected development in
the future.
- No overlay districts affect the site.
USR-725:86:5
Roger Reeve
March 18. 1986
Page 2
Use by Special Review Development Standards _will provide
adequate protection of the health, safety and welfare of
the neighborhood and County.
This recommendation is based, in part, upon a review of the application
submitted by the applicant, other relevant information regarding the request
and the responses of the referral entities which have reviewed this request.
The Planning Commission's recommendation for approval is conditional upon
the following:
1. The attached Development Standards for the Use by Special Review
permit be adopted and placed on the Use by Special Review plat
prior to recording the plat.
2. The Use by Special Review activity shall not occur nor shall any
building or electrical permits be issued on the property until the
Use by Special Review plat has been delivered to the Department of
Planning Services' office and the plat is ready to be recorded in
the office of the Weld County Clerk and Recorder.
4. The following note being placed on the Use by Special Review
Permit plat:
NOTE: The Mined Land Reclamation Board has the authority
to issue permits for mining and reclamation
activities. Activities related to mining and
reclamation are, therefore, under the jurisdiction
of the Mined Land Reclamation Board; however, -Weld
County has jurisdiction of those matters outlined
in the Development Standards.
5. Prior to the Board of County Commissioner's hearing, the applicant
shall submit evidence of compliance with Section 44.4. 10 -
Insurance, to the Department of Planning Services.
Motion seconded by Louis Rademacher.
USR-725:86:5
Roger Reeve
March 18. 1986
Page 3
Vote
For Passage Against Passage
Louis Rademacher
Harlan Else
Don Johnson
Lynn Brown
Doug Graff
Lydia Dunbar
Paulette Weaver
Jack Holman
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 March 18, 1986, and recorded in Book No. X
of the proceedings of the said Planning Commission.
Dated the 19th day of March, 1986.
coos
Bobbie Good
Secretary
DEVELOPMENT STANDARDS
Roger Reeve
USR-725:86:5
1. The Use by Special Review permit is for an open-cut dry mining
operation as submitted in the application materials on file in the
Department of Planning Services and subject to the Development
Standards stated hereon.
2. Vehicular traffic shall ingress and egress onto Weld County Road 46.
The haul route shall be from the point of ingress and egress north on
Weld County Road 43-1/2 and then west to Weld County Road 43, or east
on Weld County Road 46 to Weld County Road 49. This haul route
restriction shall be posted at the gravel pit exit, visible to all
users.
3. The applicant/operator shall repair any damage on the haul route which
is created by heavy truck traffic hauling from the gravel pit.
Evidence of damage would include:
- Rutting
- Soft spots
- Wash boarding
- Gravel loss
4. Well permits #11961 and #11962 are permitted for irrigation purposes
only and shall not be used for dust suppression or as a source of water
for this Use by Special Review operation.
5. The applicant/operator shall obtain the required Emissions permit form
the Air Pollution Control Division, Colorado Department of Health.
6. The owner/operator shall be responsible for dust control from the pit
area to Weld County Road 43 and Weld County Road 49. Water, asphaltic
emulsions, waste oil or commercially available chemicals may be used to
control dust. Materials and methods used shall not be inconsistent
with federal, state or local laws, rules or regulations pertaining to
hazardous materials, health or environmental protection.
7. In the event truck traffic associated with the sand and gravel
operation exceeds ten (10) vehicles per day, the owner/operator shall
be required to enter into a road maintenance agreement with Weld
County.
8. The open-cut gravel operation shall comply with Section 44.4, Operation
Policies of the Weld County Zoning Ordinance.
9. All Construction done on the property shall be in accordance with the
requirements of the Weld County Building Code Ordinance.
Development Standards
Roger Reeve
March 18, 1986
USR-725:86:5
10. The property owner or operator shall be responsible for complying with
the Design Standards of Section 24.5 of the Weld County Zoning
Ordinance.
11. The property owner or operator shall be responsible for complying with
the Operation Standards of Section 24.6 of the Weld County Zoning
Ordinance.
12. Personnel from the Weld County Health Department and Weld County
Department of Planning Services shall be granted access onto the
property at any reasonable time in order to insure the activities
carried out on the property comply with the Development Standards
stated hereon and all applicable Weld County Regulations.
13. The Use by Special Review area shall be limited to the plans shown
hereon and governed by the foregoing Standards and all applicable Weld
County Regulations. Any material deviations from the plans or
Standards as shown or stated shall require the approval of an amendment
of the Permit by the Weld County Planning Commission and the Board of
County Commissioners before such changes from the plans or Standards
are permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
14. The property owner or operator shall be responsible for complying with
all of the foregoing Standards. Noncompliance with any of the
foregoing Standards may be reason for revocation of the Permit by the
Board of County Commissioners.
ADDITIONAL COMMENTS
Roger Reeve
USR-725:86:5
The concerns regarding a reclamation plan in a letter from the Greeley Soil
Conservation Service dated March 10, 1986, are more appropriately handled by
the State reclamation requirements.
EXHIBIT INVENTORY CONTROL SHEET
Case 5j — W i-F„
Exhibit Submitted By /Exhibit Description
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INVENTORY OF ITEMS SUBMITTED FOR C05SIDEPATION
. " '
2 � J�
Case Number��s �
Submitted or Prepared
Prior
to Hearing At Hearing
1. Application o< OO Pages C/
2. O Application plat(s) / page(s) v
3. DPS Referral Summary Sheet
4. DPS Recommendation
5. DPS Surrounding Propery Owner Nailing List
6. DPS Mineral Owners Mailing List t/
7. 3 DPS Maps Prepared by Planning Technician L-
8. DPS Notice of Hearing ✓
9. DPS Case Summary Sheet
10. DPS Field Check A ��2 !/
11. -- I—1-0 /��i''p-6-L v�-,..t..- inn-, drw� j lY�u ,...,
(-4_7,,
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14.3-4-A2 le t7-4- ' d,,,Cir e7C Lek k A 7 ch 0 ,
15.
16.
17.
18.
19.
20.
I hereby certify that the /V items identified herein were submitted to the
Department of Planning Services at or prior to the scheduled Planning Commission
hearing. I further certify that these items weT(� forwarded to the Clerk to the
Board's office on \GLC: ._ .,„ / 194LP .
Current Planner
li
STATE OF COLORADO )
)
COUNTY OF WELD )
SUBSCRIBED AND SWORN TO BEFORE ME THIS Z�e DAY OFD\ tr V 19 %L ,
SEAL
• /� NO RY PUBLIC
Ex/05/7 r 1989 " '
My Commission Expires Feb. 13, -;n.IV t ti
NY COMMISSION EXPIRES
/-
CONCRETE CONTRACTORS INCORPORATED
AC•
March 14 , 1986
To Whom It May Concern:
It has been agreed that for the term of one year commencing
March 14 , 1986 to March 14 , 1987, renewable each year as
necessary, to provide water and equipment necessary for
required dust control on property located at the NE a of
Section 15 , Township 4N, Range 65W, Weld County, Colorado.
This agreement was entered into by parties known as and
signed below as Roger G. Reeve, the property owner and
H. F. Baumgartner, President of Concrete Contractors, Inc.
Concrete Contractors, Inc. Roger G. Reeve, Owner
PzLi
H. F. Baumgartner, resident RogeaiG. Reeve
post office box eight • brighton,colorado 80601 • 2 miles north brighton on highway 85 • 659.2383
Date: March 18, 1986
CASE NUMBER: USR-725:86:5
NAME: Roger Reeve
ADDRESS: 21775 Weld County Road 45, La Salle, Colorado 80645
REQUEST: A Use by Special Review permit for an open-cut dry mining
operation
LEGAL DESCRIPTION: Part of the ATE} , Section 15, T4N, R65W of the 6th P.M. ,
Weld County, Colorado
LOCATION: Approximately 3 miles southeast of La Salle; east of Weld County
Road 43 and north of Weld County Road 44
THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1 . The submitted materials are in compliance with application
requirements of Section 24.7, 44.1, 44.2, and 44.3 of the Weld
County Zoning Ordinance.
2. It is the opinion of the Department of Planning Services staff
that the applicant has shown compliance with Section 24.3 of the
Weld County Zoning Ordinance as follows:
- This request is in compliance with the Weld County
Comprehensive Plan which allows uses of an industrial
nature to occur where the resources are available,
(i.e. , sand and gravel operations as noted on pages
62-63 of the Comprehensive Plan) .
- The proposal is consistent with the intent of the
Agricultural Zone district in that the proposed use does
not interfere with other agricultural activities in the
area or the County, and as a Use by Special Review the
activity can take place in the district.
- The activities proposed will be compatible with existing
agricultural and rural residential uses in the
neighborhood, as well as the projected development in
the future.
- No overlay districts affect the site.
- Use by Special Review Development Standards will provide
adequate protection of the health, safety and welfare of
the neighborhood and County.
This recommendation is based, in part, upon a review of the application
submitted by the applicant, other relevant information regarding the request
and the responses of the referral entities which have reviewed this request.
CECH:3
USR-725:86:5
Roger Reeve
March 18. 1986
Page 2
The Department of Planning Services staff recommendation for approval is
conditional upon the following:
1. The attached Development Standards for the Use by Special Review
permit be adopted and placed on the Use by Special Review plat
prior to recording the plat.
2. The Use by Special Review activity shall not occur nor shall any
building or electrical permits be issued on the property until the
Use by Special Review plat has been delivered to the Department of
Planning Services' office and the plat is ready to be recorded in
the office of the Weld County Clerk and Recorder.
4. The following note being placed on the Use by Special Review
Permit plat:
NOTE: The Mined Land Reclamation Board has the authority
to issue permits for mining and reclamation
activities. Activities related to mining and
reclamation are, therefore, under the jurisdiction
of the Mined Land Reclamation Board; however, Weld
County has jurisdiction of those matters outlined
in the Development Standards.
5. Prior to the Board of County Commissioner's hearing, the applicant
shall submit evidence of compliance with Section 44.4.10 -
Insurance, to the Department of Planning Services.
DEVELOPMENT STANDARDS
Roger Reeve
USR-725:86:5
1. The Use by Special Review permit is for an open-cut dry mining
operation as submitted in the application materials on file in the
Department of Planning Services and subject to the Development
Standards stated hereon.
2. Vehicular traffic shall ingress and egress onto Weld County Road 46.
The haul route shall be from the point of ingress and egress north on
Weld County Road 43-1/2 and then west to Weld County Road 43, or east
on Weld County Road 46 to Weld County Road 49. This haul route
restriction shall be posted at the gravel pit exit, visible to all
users.
3. The applicant/operator shall repair any damage on the haul route which
is created by heavy truck traffic hauling from the gravel pit.
Evidence of damage would include:
- Rutting
- Soft spots
- Wash boarding
- Gravel loss
4. Well permits #11961 and #11962 are permitted for irrigation purposes
only and shall not be used for dust suppression or as a source of water
for this Use by Special Review operation.
5. The applicant/operator shall obtain the required Emissions permit form
the Air Pollution Control Division, Colorado Department of Health.
6. The owner/operator shall be responsible for dust control from the pit
area to Weld County Road 43 and Weld County Road 49. Water, asphaltic
emulsions, waste oil or commercially available chemicals may be used to
control dust. Materials and methods used shall not be inconsistent
with federal, state or local laws, rules or regulations pertaining to
hazardous materials, health or environmental protection.
7. In the event truck traffic associated with the sand and gravel
operation exceeds ten (10) vehicles per day, the owner/operator shall
be required to enter into a road maintenance agreement with Weld
County.
8. The open-cut gravel operation shall comply with Section 44.4, Operation
Policies of the Weld County Zoning Ordinance.
9. All Construction done on the property shall be in accordance with the
requirements of the Weld County Building Code Ordinance.
Development Standards
Roger Reeve
March 18, 1986
USR-725:86:5
10. The property owner or operator shall be responsible for complying with
the Design Standards of Section 24.5 of the Weld County Zoning
Ordinance.
11. The property owner or operator shall be responsible for complying with
the Operation Standards of Section 24.6 of the Weld County Zoning
Ordinance.
12. Personnel from the Weld County Health Department and Weld County
Department of Planning Services shall be granted access onto the
property at any reasonable time in order to insure the activities
carried out on the property comply with the Development Standards
stated hereon and all applicable Weld County Regulations.
13. The Use by Special Review area shall be limited to the plans shown
hereon and governed by the foregoing Standards and all applicable Weld
County Regulations. Any material deviations from the plans or
Standards as shown or stated shall require the approval of an amendment
of the Permit by the Weld County Planning Commission and the Board of
County Commissioners before such changes from the plans or Standards
are permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
14. The property owner or operator shall be responsible for complying with
all of the foregoing Standards. Noncompliance with any of the
foregoing Standards may be reason for revocation of the Permit by the
Board of County Commissioners.
C1fyy�,^( ca 2Y
ADDITIONAL COMMENTS
Roger Reeve
USR-725:86:5
The concerns regarding a reclamation plan in a letter from the Greeley Soil
Conservation Service dated March 10, 1986, are more appropriately handled by
the State reclamation requirements.
LAND-USE APPLICATION
SUMMARY SHEET
Date: March 11, 1986
CASE NUMBER: USR-725:86:5
NAME: Roger Reeve
ADDRESS 21775 Weld County Road 45, La Salle, Colorado 80645
REQUEST: A Use by Special Review permit for an open-cut dry mining permit
LEGAL DESCRIPTION: Part of the NEI , Section 15, T4N, R65W of the 6th P.M. ,
Weld County, Colorado
LOCATION: Approximately 3 miles southeast of La Salle; east of Weld County
Road 43 and north of Weld County Road 44
SIZE OF PARCEL: 5.7 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.
The Department of Planning Services has received specific recommendations
from the following:
- Weld County Health Department, in a memo dated February 19,
1986;
- Weld County Engineering Department, in a memo dated February
22, 1986; and
- State Engineer, Division of Water Resources, in a letter
dated March 6, 1986.
Copies of these memos have been made a part of this land use summary.
The Department of Planning Services has not received a referral response
from the Greeley Soil Conservation District.
The staff has not received any objections regarding this proposal.
FIELD CHECK
FILING NUMBER: USR-725:86:5 DATE OF INSPECTION: March 6, 1986
NAME: Roger Reeve
REQUEST: A Use by Special Review permit for an open cut dry mining permit
LEGAL DESCRIPTION: Pt. NE} of Section 15, T4N, R65W of the 6th P.M. , Weld
County, Colorado.
LOCATION: Approximately 3 miles southeast of LaSalle, east of Weld County
Road 43 and north of Weld County Road 44.
LAND USE: N Farmland, old farm residence
E Farmland, residence
S Farmland
W Farmland
ZONING: N Agricultural
E Agricultural
S Agricultural
W Agricultural
COMMENTS:
Access is from a private drive off of Weld County Road 45. Weld County Road
45 is a gravel road. There are approximately 4 to 5 pieces of heavy
equipment on the site.
By: Fai.40 (milt 000
Debbie deBesche
Current Planner
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REFERRAL LIST
APPLICANT: Roger Reeve CASE NUMBER: USR-725:86:5
SENT REFERRALS OUT: February 11, 1986 REFERRAL-S TO BE RECEIVED BY: March 4, 1986
NO SR NR NO SR NR
County Attorney X Ann Garrison
( j
j Planning Commission
/ X Weld County Health Dept. 23736 Weld County Road S8
/ Greeley, CO 80631
✓ X Engineering Department
X La Salle Fire Protection
County Extension Agent
District
c/o Gary Sandau, Chief
✓ X Office of Emergency Mngmt P.O. Box 414
La Salle, CO 80645
vX State Engineer
Division of Water Resources X Greeley Soil Conservation
1313 Sherman St. , Room 818 District
Denver, CO 80203 4302 9th Street Road
Greeley, CO 80634
State Highway Department
1420 2nd Street
Greeley, CO 80631
_ Colorado Department of Health
Water Quality Control Division
4210 East 11th Avenue
Denver, CO 80220
_ City of Greeley Planning Department
919 7th Street
Greeley, CO 80631
_ Tri Area Planning Commission
P.0. Box 363
Frederick, CO 80530
/ X La Salle Planning Commission
c/o Alberta Magill
P.O. Box 717
La Salle, Colorado 80645
NO=No Objection
SR=Specific Recommendations
NR=No Response
farlhi. mEo AnDu
ink To Weld County Planning Dace / aFeb_ru -y ,,- J986
COLORADO From Health Protection Services W14 10
subject: Case Number: USR-725:86:5 Name: Reeves, Roger
Health Protection Services will require the following for this proposal:
1. Required Emissions Permit is obtained from the Air
Pollution Control Division, Colorado Department of
Health.
2. Fugative dust shall be controlled at all times.
4, 01986
Weld Co. Planning Commission
,t,„tom Q
facifs11111
f
Gloria Dunn
11 To Planning Department Dee_February 22, 1986
tli=-
COLORADO. From Donald R. Carroll , Administrative Manager - Engineering Dept.
Subject: USR-725 :86:5
1. The county roads that service tire gravelpit are Weld County Road 46
from the point of ingress and egress west to Weld County Road 43
(1.0 miles) and east on County Road 46 to Weld County Road 49 (2.5
miles) . Bridge 46/47A is legal . But 45/55A is posted at 18 tons to
the east and south of the pit. This haul route restriction shall be
posted by the Owner at the gravel pit exit, visible to all users.
2. The Owner agrees to adequately repair any damage on the -entire haul
route as described above that is created by heavy truck traffic
hauling from the owner's gravel pit.
3. The mining operation is intended to belimited and to serve local
oil and gas well accesses and farm roads. In the event it -becomes
a full fledged mining operation with any more than 10 trucks in one
day or processing equipment is used such as a crusher or screen,
a road maintenance agreement will be needed.
4. The operation will be responsible for dust control on the road from
the time sand and gravel begin to be transported from the site.
The owner agrees to provide adequate dust abatement program on the
unpaved road (haul road) . Water, asphaltic emulsions , waste oil
or commercially available for using materials and methods not incon-
sist with any federal , state or local laws, rules or regulations
pertaining to hazardous materials, health or environmental protection.
ti = 1980
geld Co, eanumssi m
DRC/bf
of C
&44 O i
RICHARD D. LAMM
Governor w FQ JERIS A. DANIELSON
O
State Engineer
M vu
*1876 r
OFFICE OF THE STATE ENGINEER �;;�--
DIVISION OF WATER RESOURCES D',5-)1(n1�,1 1
1313 Sherman Street-Room 818 •r,n 1 U 198O
Denver, Colorado 80203
(303) 866-3581 L
March 6, 1986 Weld Co. 0lannirig Crtinmias o
Ms. Debbie deBesche
Weld County Planning Department
915 10th Street
Greeley, CO 80631
Re: Reeve Borrow Pit, USR-725:86:5
NE1/4, Sec. 15, T4N, R65W
Dear Ms. deBesche:
We have reviewed the above referenced application for a Use by Special
Review permit to operate a borrow pit on 5.7 acres of an 160-acre tract 2 3/4
miles southeast of La Salle, Colorado. The application claims that no ground
water will be disturbed by the operation. For dust control , the applicant
proposes to use wells (permit nos. 11961 and 11962). Unfortunately, these
wells which are augmented through GASP were permitted for irrigation uses.
The wells cannot legally be used for dust suppression. Therefore, these wells
are not a valid source of water for use in this gravel operation. Another
source of water is required. If the following conditions are met, we have no
problems with the proposed operation:
1 . No permanent ground water lake may be created by this operation. If
a permanent ground water lake is created, then a well permit would be
required. Since the operation is in an over-appropriated basin, a
plan for augmentation for losses due to evaporation would be required
before a well permit could be issued.
2. Roger Reeve obtains a legal right to all water used in the mining
operation from another source. This water should be decreed for
commercial or industrial uses and the source of water should be sub-
mitted to our office for confirmation of its being a legal source of
water for dust control .
Sincerely,
4hP.E.
Deputy State Engineer
HDS/JCM:ma/7184H
cc: Alan -Berryman, Div. Eng.
Keith Kelventhal , Water Comm.
C C
FIELD CHECK
FILING NUMBER: USR-725:86:5 DATE OF INSPECTION. �l, /984
NAME: Roger Reeve
REQUEST: A Use bySpecial Review for an open-cut dry mining permit
LEGAL DESCRIPTION: Part of the NE14, Section 15, T4N, R65W of the 6th P.M.
LAND USE: N J44i ti L<l/Ill� , nS' tied ohs
E
ZONING: N €2.9
LOCATION: Approximately 3 miles southeast E
of La Salle; east of Weld Lounty Road 43 and S ('
north of Weld County Road 44 W ^'
COMMENTS:
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Weld Co. Plannir;K Cnmmissia
•
BY: t 9c%eoiacrsi
0 6u 3St;
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DEPARTMENT OF PLANNING SERVICES
PHONE (303)3564000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
COLORADO
NOTICE OF PUBLIC HEARING
The Weld County Planning Commission will conduct a public hearing on
Tuesday, March 18, 1986, at 1:30 p.m. to review a request for approval of a
Use by Special Review permit for an open-cut dry mining permit from Roger
Reeve on a parcel of land described as part of the NE} , Section 15, T4N,
R65W of the 6th P.M. , Weld County, Colorado, containing 160 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 March 18, 1986.
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.
Jack Holman, Chairman
Weld County Planning Commission
To be published in the Johnstown Breeze -.
To be published one (1) time by February 20, 1986
4
Received by: 4
Date: 7.//
c. . .
MAILING LIST
Roger Reeve
USR-725:86:5
Francis Arens
21508 Weld County Road 48
La Salle, Colorado 80645
Frank L. Boulter
20491 Weld County Road 44
La Salle, Colorado 80645
Vern Mosier
21240 Weld County Road 46-1/2
La Salle, Colorado 80645
James Oster
20270 Weld County Road 43
La Salle, Colorado 80645
Richard Swinney
21566 Weld County Road 43
La Salle, Colorado 80645
Jake L. Waggner
22246 Weld County Road 43-1/2
La Salle, Colorado 80645
C C
AFFIDAVIT OF INTEREST OWNERS
MINERALS AND/OR SUBSURFACE
Application No.
Subject Property
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 5‘k4='
day of -sue. , 19$b .
WITNESS my hand and official seal.
My Commission expires:
My Co..nissien Expires Feb. 13, 19C9
of Public
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 Borrow Pit
(gravel, coal, borrow pit, etc.) mining operation for the following
described unincorporated area of Weld County:
LEGAL DESCRIPTION: NE of Section 15 , T4W , R65./ of the 6th I.E. ,
' o1 R County, Color",do .
TOTAL ACREAGE: lbd
2. Surface owner(s) of area of land described
Name: Roger G. Reeve Address: 21775'#CR 45 La:Sallmione: 284-7722
Name: Address: 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:
Tax Notice
(Attach Certified Copy of any Document noted to the Back of This Form)
5. Address of applicant and general of-fice
Applicants address: 2i775 r n aSallo Phone: 28u_7772
General Office address: Phone:
6. Identify any prior permits for open cut mining held by applicant or affiliated
person; none
7. Description of Operation
a. Types and number of operating and processing equipment,to be employed:
The handelin, equipment consist of a Dozer, 1''rountend loader,
a road maintainer, plus transportation vsenicles to haul with
b. Maximum number of employees: in , and number of shifts : 1
c;-&'.5'J4.3^5
c. Number of stages to be worked: 1 , and periods of time each
is to be worked: In compliance with Operations Policies 44.4.2 of
the zoning.
d. Thickness of mineral deposit: 15 feet, and thickness of the
overburden: 5" to 8`
e. This will be a wet/dry pit operation
Dry
f.-' Site entrance/exit points and county roads and bridges to be utilized
between site and delivery poZiLnt(s) (must be coordinated with County
Engineer) : •�o}PY er
on the nortnwes corner o l +be 1 `i +o scald nn„n+y road hf
8. Description of Rehabilitation
a. Proposed rehabilitation land use(s) : Agriculture
b. Source of technical advice for reclamation:
c. Explanation of Reclamation Process: Recla.iraition act7vities
^hP11 bt T,nrformed concurrently with mining opermumoits .
when rr-,rade is reached anti topsoil aistruoitea toe area
would suitable for isa..1 ^nn ,,.,, '1 -1'ar;Ant farmcronnd
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
Signatu Owner/Authorized Agent
subscribed and sworn to before me this 5 ' day of '-,o3,0,,,i as\ , 19$(, .
SEAL cVa..\o, C\
N ARY PUBLIC
My Commission Expires Feb. 13, 1989
My Commission expires
ti.r�3• Ia�
z
�.a,.y
APPLICATION
USE BY SPECIAL REVIEW
Department of Planning Services, 915 Tenth Street, Creeley, Colorado 80631
Phone - 356-4000 - Ext. 4400
Case Number Date Received
Application Checked by Mylar plat submitted
Application Fee Receipt Number
Recording Fee Receipt Number
11; TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature)
----
I (we), the undersigned, hereby request hearings before the Weld County Planning Commission and
the Weld County Board of County Commissioners concerning the proposed Special Review Permit of
the following described unincorporated area of Weld County Colorado:
LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: I Section 15
T4N N, R 65 W
LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is
proposed: NE'µ Section 15 T 4 N, R 65 W
Property Address (if available) 21775 VCR 45 LaSalle , Colo .
PRESENT ZONE A; rlcultuiral OVERLAY ZONES
TOTAL ACREAGE 160 acerb
PROPOSED LAND USE 4gr1cu1tura1
EXISTING LAND USE i%-?ricul_tural
SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW:
Name: Rn r IR etc.iTn
Address: 77521
Home Telephone A 28a_7r77 City Z^ s 11P Col o Zip P0545
`� � Business Telephone fk 2ftL_r_772
Name:
Address: City Zip
Home Telephone A Business Telephone 4
Name:
Address: City Zip
Home Telephone A Business Telephone A_
APPLICANT OR AUTHORIZED AGENT (if different than above):
Name:
Address: City Zip
Home Telephone A Business Telephone A
List the owner(s) and/or lessees of mineral rights on or under the subject properties of record.
Name: Rnr'Pr Cr RPPgP
Address: 71 775 bTCR 2-5 City TaRal l o Cnl n Zi
Pitna.5
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.
COUNTY OF WELD )
STATE OF COLORADO )
Signaturener of Authorized Agent
Ws
Subscribed and sworn to before me this $ day of 19%(.5 .
SEAL p\R�x\ t C
NOtARY PUBLIC \ C
My commission expires My Commission Expires Feb. 13, 1989 ,t
APPLICATION FOR OPEN CUT MINE PERMIT
FOR
ROGER G, .-REEVE
The overall purpose is to incorporate approximately (5.7) acres of
unmanageable land into a -productive agricultural commodity.
To achieve this goal in a feasible and economic nature, the bulk of
the material in question will have to be hauled off via transport vehicle.
The existing 8"-15" of topsoil has already been disturbed and moved for
later distribution, over a more manageable agricutural resource. •
The purpose of the project, both short term and long term, is strictly
economical. In the short term, we have been, and propose to be, compensated
by users -of said material with reference to the growing oil industry within
our surrounding area and by our surrounding agricultural community. The long
term proposed project -is -no more than a land levelling, as there is
no intent to remove material below field level. Agricultural methods from
floating fields and land planing, to cutting of filling are encouraged for
good farming practices, and to a great extent even subsidized by the govern-
ment through soil conservation service.
The surrounding properties are mainly agricultural farm ground. Raising
crops common to Weld County by both gravity feed irrigation, and sprinkler
methods--with exception of the farm directly to the west of the proposed
project. There exists a permitted open dirt and gravel pit.
It is approximately one-half (4) mile to the nearest residential structure,
(See Map).
In the past, material has been removed from the parcel even before our
purchase of the ground in 1969. In 1975, we leveled and brought into production
62 acres from pasture to row crop. As -we have the insight to look at the over-
all picture of our slow but steady and continual upgrade of agricultural assets,
we can take advantage of the excelleration in our county's growing oil industry.
We hope to see in the future, material going on oilfield roads and sights,
residential and agricultural fills, with the ground going back into agricul-
tural production in three to five years.
The material in question will be excavated and removed in an as needed
situation by the contractors, at their discretion, with probably no more than
ten employees at any one time under the supervision of the land owner. There
would be no time schedule, with a large emphasis upon demand, but will be in
compliance with the Operations Standerds For Use By Special Review, Section
24,6 of the Weld County Zoning Ordaince,
The operation would be a dry pit, that is not in the flood plane, nor does
it interfere with the ground water in any way. Attached is a copy of our well
permit for minimization of dust conditions for site, haul road and work area.
As for access, there is an upgraded farm road to be used as a haul road.
It lies on the south west corned of the farm, extending along the entire west
edge, and intersecting with Weld County Road 46.
The type, size, weight and frequency of vehicular traffic associated with
proposed use, will vary from farm trucks to large end and belly dump vehicles,
in accordance with local, state and federal law,
This site will be reclaimed io farmland. It will be planted to
hay or corn,
During mining the pit walls will be sloped 3:1 and covered with six to
eight inches of topsoil. Upon termination of mining the remaining stockpile
of topsoil will be distributed over the graded pit floor, The topsoiled
areas will be planted as soon as possible after topsoiling.
EXHIBIT A
LEGAL DESCRIPTION
Portions of the NE/4 15-4N-65 , located in Weld County , Colorado .
Property is located two and three quarter miles Southeast
of LaSalle .
To reach the site , take Road 44 east from Peckham , approximately
five miles until it intersects Road 43 . Take Road 43 approximately
one mile until it intersects with Road 462 . Take Road 462 approx-
imately three-fourths mile to 21592 WCR 46 . The pit is located
behind this residence .
ti
EXHIBIT B - MINING PLAN
This is a dry, open mining operation, located on a small hill. The
material mined is borrow, (dirt and gravel) , which is used to surface local
farm roads, oilfield roads, and oilfield site work. The material is mined be
front-end loaders and trucks. The mining is actually done by the various
users under the supervision of the landowner.
The current disturbance consists of excavation of the entire west side of
the affected area, and will continue in a westerly direction for approximately
another 100 feet. Concurrent with this mining, will be the sloping of the
existing west pitwalls to 3:1 slopes.
The deposit being mined consists of nine to twelve feet of sandy loess
with gravel lenses and 8"-15" of topsoil. All remaining topsoil, to a depth
of one foot, will be salvaged and placed on existing final slopes and pit
floor as shown in Exhibit C.
The rate of mining is unpredictable and is based on demand. Therefore,
the life of the mine is not known, but it is anticipated to be approximately
five years.
The equipment to be used will be a dozer, frount end loader and a blade
for maintaince of haul roads,
.
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EXHIBIT D
Wildlife consists mostly of birds and insects and a few
rabbits .
The hill which is being mined is dry . Surface and ground
water resources will not be adversely affected .
Existing vegetation consists of scattered grasses and weeds .
Existing topsoil is eight to fifteen inches of brown gravelly
to sandy loess .
o
EXHIBIT E
RECLAMATION PLAN
ACTIVE PIT
This site will be reclaimed to farmland . It will be planted
to hay or corn .
During mining , the west pit wall will be sloped to 3 : 1 and
be covered with six to eight inches of topsoil . Upon termination
of mining , the west pit wall will be sloped 3 : 1 , and along with
the pit floor , will be covered with six to eight inches of topsoil .
The source of the topsoil will then be in place and a stockpile of
topsoil located on site . This stockpile was , and will be created
with continued mining operation . The topsoiled areas will be
planted as soon as possible after topsoiling .
•
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news F7784 FARMPAK POLIO
Port Two. This Declarotions Page with "Policy Provisions-Part One" completes g^ le the below numbered
_ ,,��D//ECLARATIONS POLICY NUMBER F 760 1 0 2 1 3_Named 9n3ured -' Roger G & Billy Jean Reeve #28085 :.
and P.O.Addresi 21775 Weld County Rd. 45 .-
,- `.- (Number.Street.Town,County&State) ' La Salle, Colorado 80645 - -- .
Policy Term:.........................r....,... .a.r,e.From: 11-20-81 To: 11-20-84 - 3 yrs Term -
• REPRESENTATIVE: ' - Agent . D.C. Royer Agency - . . -
Town and State Greeley, CO - - '- - -
THE WELD COUNTY FARMERS PROTECTIVE ASSOCIATION - `' -`
MILLERS MUTUAL INSURANCE ASSOCIATION OF ILLINOIS
15'
J s} The desc b cl p e.ed n de. .a I« d nand cons d ro -l60 „Me _ 1(y e f s tion
rowmn�P`- " 4 Ran(e 65 - .loom mad tiom .Ie,In..tee_
rye- r' - -
.p;� a f e d ¢ f County of Walfl ww st to er e4 as
Ins s provided only ti rh respect m those r he following coverages which a indicated by a specula lima of I ab l ly eppl ble me eto.
mma o.e e in r
- Premium in Fee "
Y .r A. F Dw ll e - . t - s 70,000 -Basic"Policy Premium or Fee
} B. ApW P e Structure s 7,000 - . I a A B e o o $`307.00 `. .
�� e. Unscheduled.Personal P.operfr S 2R.000 - The" d c c $ 61.00
E I o P eh ti limited to $ 15 Ono sec. 11 - - $ 63,00 " Supple-
. .._ E - _ - • mental
-: D. Additional Living i Expenses - S - 7 jinn - Addition 1 premium w fee -
C E. farm Penenal Properly e. - $ J.,. Total limit ke I _- $� Contract
F. Farm Buildings and Structures s
I Pram 5e I Coy El -- S - -
s.
4 F Cpmprehe P foal -
i ', s
• o L blty - - - -- $ 300,000 ' Eam xmrrentt P.em;um sea. 1 Ieor FI -;; s ,N. P i;'_
N H. Personal MMical Raimenlo $ t,000 ,. Each Person Toral Polity Premum or Fee $ -.. _
S_ $ l5AOD. Each acoWmt Teral Premium;1 paid n msfalments$ 1791.00 $
- 1. Pnysaal am,ge c•euny of _ xsa. Eacn occu ences P��l apr.o.; lanni $ 431.00 • s
others _ s - `.
( _-_ - At each ,ubseo enr awn eesMrr $ 441.00 $
.�1 Subject to the following Forms and Endorsements F03(10-77) F09(4-63) F0321(7-62) F0329(7-62) F0337(7-62).
E f'
K _ - the deserted dwelling c br C1pk,211NC1 XXOWner O Tenant p`d th not more than ha families d not More tturn two roomers or boardersper family.
{4: D< bed dwelling is not seasonal and no business pursuits other than'farming and cted 0 the eremites thereof Eacc et pns, if anr
V 0.d nbl Cb N l IL by t h 11 5D ppl c M V Ded c961 CI 1 IL by toer per 1 I n 5D pes
See II Only: 1 1 in ` p 1 farm premises detonated above the only p which the Named 'Mures! spouse rents operates as a
farm or men other than b property; ibl Insured ploys r m Iwo full-time residence employee: Iel The Insured Own,
outboard f f ore than 21 horsepower for whch core rase desires Exceptions, if any, to I 1 Ibl or let
t First Martgag IN and Add eel. _ -
1F
t /t__ eanterF snafu oaf. 11 6 81 tG• �`_ 1 f. . .
1 Con it aloe. f the Y .. d St p 1 f H Add d X t d f the Premium Ab Spe f d t pe fed i endorsement m wed he
r.%
l In Camp v for th r f y he a f pt d t h U IAt N R d d T i f date mown fAt
Noon St dad T I t lent of p p ty ed to n t t en<aed g the aalfl I above pe i d d -insure one named the
d la n d leg p tat ves, to the t t of M t h 1 M pr perly t figs 1 f I lo t r eaceed;ne fah:
a t h h
t Id st ro repay replace the property with m renal of Ike kind nd Ouabty with. reasonable b ftsuch loss, w,Mwn allow f y
+N' ed cost of noon or econstruchon by reason of an ordnance w law maulating comtrucron or r par, and wthwt campena ton for It-
¢ from . n pe on of busies ufaclure, norm any t for m r than the forest f the ei red eanst all DIRECT LOSS BY FIRE LIGHT
NINA and OTHER PERILS INSURED AGAINST IN THIS POLICY INCLUDING REMOVAL FROM PREMISES ENDANGERED BY THE PERILS INSURED
AGAINST IN THIS POLICY, EXCEPT AS HEREINAFTER PROVIDED. to the property described herein wale located or contamed as described in th Wive.
pro rat,for five days at each proper place to whichthe shall any of e property rY shall necessarily be removed for preservation from the pe 1 insured against
(p$}{
367
ROGER C. OR BILLY JEAN REEVE 0685 a•
21775 WELD CO. RD. 45 284-7722 //-/, 19t 82.499
LA SALLE, COLORADO 80645 1070
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Cache National Bank /
MD 11th Avenue•303 3534644
Greeley,Colorado 80533 •
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NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET •
Please print or type
NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL
STATE AND ZIP CODE IDENTIFICATION #
Francis Arens 21508 ..iCR 48 LaSalle , Colo. 3782-
Frank L. Boulter 20491 WCR 44 LaSalle , Colo . 8098
Vern hosier 21240 WCR 46)6 LaSalle:,. Colo. 45684
James Oster 20270 WCR 43 LaSalle , Colo, 48403
Richard Swinney 21566 WCR 43 T.aSalle , Colo. 62578
Jake L. Waggner 22246 WCR 43Ih LaSalle , Colo. 68897
t.
' SOIL SURVEY OF WELD COUNTY, COLORADO, SOUTHERN PART
Drilled States Department of Agriculture,Soli Conservellon Service.
In cooperation with the Colorado Agricultural Experime•
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77—Vona sandy loam, 3 to 5 percent slopes. This is a and switchgrass decrease and blue grama, sand dropseed,
deep, well drained soil on plains at elevations of 4,600 to and sand sage increase. Annual weeds and grasses invade
5,200 feet. It formed in eolian deposits. Included in the site as range condition becomes poorer.
mapping are small areas of soils that have a loamy sub- Management of vegetation on this soil should be based
stratum and areas of soils that are noncalcareous to a on taking half and leaving half of the total annual produc-
depth of 60 inches. tion. Seeding is desirable if range is in poor condition.
Typically the surface layer of this Vona soil is grayish Sand bluestem, sand reedgrass, switchgrass, sideoats
brown sandy loam about 8 inches thick. The subsoil is grama, blue grama, pubescent wheatgrass, and crested
brown fine sandy loam about 15 inches thick. The sub- wheatgrass are suitable for seeding. The grass selected
stratum to a depth of 60 inches is sandy loam. should meet the seasonal requirements of livestock. It can
Permeability is moderately rapid. Available water be seeded into a clean, firm sorghum stubble, or it can be
capacity is moderate. The effective rooting depth is 60 drilled into a firm prepared seedbed. Seeding early in
inches or more. Surface runoff is medium, and the erosion spring has proven most successful.
hazard is low. Windbreaks and environmental plantings generally are
suited to this soil. Soil blowing, the principal hazard in
In irrigated areas this soil is suited to the crops com-
monly grown in the area. Perennial grasses and alfalfa or establishing trees and shrubs, can be controlled by cul-
close grown crops should be grown at least 50 percent of tivating only in the tree row and by leaving a strip of
the time. Contour ditches and corrugations can be used in vegetation between the rows. Supplemental irrigation
irrigating close grown crops and pasture. Furrows, con- may be needed at the time of planting and during dry
tour furrows, and cross slope furrows are suitable for row periods. Trees that are best suited and have good survival
crops. Sprinkler irrigation is also desirable. Keeping til- are Rocky Mountain juniper, eastern redcedar, ponderosa
lage to a minimum and utilizing crop residue help to con- pine, Siberian elm, Russian-olive, and hackberry. The
trol erosion. Maintaining fertility is important. Crops shrubs best suited are skunkbush sumac, lilac and Siberi-
respond to applications of phosphorus and nitrogen. an peashrub.
In nonirrigated areas this soil is suited to winter wheat, Wildlife is an important secondary use of this soil. The
barley, and sorghum. Most of the acreage is planted to cropland areas provide favorable habitat for ring-necked
winter wheat. The predicted average yield is 28 bushels pheasant and mourning dove. Many nongame species can
per acre. The soil is summer fallowed in alternate years be attracted by establishing areas for nesting and escape
to allow moisture accumulation. Generally precipitation is cover. For pheasants, undisturbed nesting cover is essen-
too low to make beneficial use of fertilizer. tial and should be included in plans for habitat develop-
Mulch farming, striperopping, and minimum tillage are ment, especially in areas of intensive agriculture. Range-
needed to control soil blowing and water erosion. Terrac- land wildlife, for example, the pronghorn antelope, can be
ing also may be needed to control water erosion. attracted by developing livestock watering facilities,
The potential native vegetation on this range site is managing livestock grazing, and reseeding where needed.
dominated by sand bluestem, sand reedgrass, and blue This soil has good potential for urban andrecreational
grama. Needleandthread, switchgrass, sideoats grama, development. Lawns, shrubs, and trees grow well. The
and western wheatgrass are also prominent. Potential only limiting feature is the rapid permeability in the sub-
production ranges from 2,200 pounds per acre in favora- stratum, which causes a hazard of ground water con-
ble years to 1,800 pounds in unfavorable years. As range tamination from sewage lagoons. Capability subclass II le
condition deteriorates, the sand bluestem, sand reedgrass, irrigated, Vie nonirrigated; Sandy Plains range site.
AFFIDAVIT OF INTEREST OWNERS
MINERALS AND/OR SUBSURFACE
Application No.
Subject Property
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 5 '
day of &sA.,. „ , 1981, •
WITNESS my hand and official seal.
My Commission expires:
My Commission Expires Feb. 13, 1989
V.1k�
No ary Public
AFFIDAVIT OF INTEREST OWNERS
SURFACE ESTATE
Application No.
Subject Property
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.
The foregoing instrument was subscribed and sworn to before me this sw?
day of aN.xu,,eu \ , 19W .
WITNESS my hand and official seal.
My Commission expires:
My Commission Expires Feb. 13, 1989
b 1 Ck a
No ary Public
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