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Home My WebLink About850679.tiff- .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. RESOLUTION RE: APPROVAL OF USE BY SPECIAL REVIEW FOR A RAIL AND TRACK MATERIAL SORTING PLANT - THE DAVID J. JOSEPH COMPANY WHEREAS , the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 4th day of September, 1985 , at the hour of 2 : 00 p.m. in the Chambers of the Board for the purpose of hearing the application of The David J. Joseph Company, 300 Pike Street, P.O. Box 1078 , Cincinnati, Ohio 45201-1078 , for a Use by Special Review for a rail and track material sorting plant on the following described real estate, to-wit: Part of the S1, Section 15 , Township 1 North, Range 68 West of the 6th P.M. , Weld County, Colorado WHEREAS, Section 24 .4 . 2 of the Weld County Zoning Ordinance provides standards for review of said Use by Special Review, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1 . The submitted materials are in compliance with the application requirements of Section 24 .7 of the Weld County Zoning Ordinance. 2 . It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24 .4 . 2 of the Weld County Zoning Ordinance as follows: a. The proposal is consistent with the Comprehensive Plan policies in that the use does not infringe on continued agricultural use in the vicinity or County. The proposal does not appear to have any adverse impacts on the agricultural interests. b. The proposal is consistent with the intent of the Agricultural Zone District and is provided for as a Use by Special Review. B50b79 '�`' e, PLO YD`'1 Page 2 RE: USR - THE DAVID J. JOSEPH COMPANY c. The subject site is located within a Geologic Hazard Overlay District. Condition number four addresses this concern. d. Use by Special Review Standards provide adequate protection of the health, safety and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Use by Special Review for a rail and track material sorting plant on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1 . The attached Standards for Use by Special Review be adopted and placed on the Use by Special Review plat prior to recording. 2 . The prescribed Use by Special Review activity shall not occur nor shall any building or electrical permits be issued on the subject property until the Use by Special Review plat has been delivered to the Department of Planning Services office and the plat has been recorded in the office of the Weld County Clerk and Recorder. 3 . The applicant and/or operator shall be required to obtain all applicable building or electrical permits for USR-691 :85 : 35 . 4 . The applicant shall obtain approval of a Geologic Hazard Overlay Development Permit from the Department of Planning Services. 5 . Prior to recording the Use by Special Review plat, the applicant shall submit a ground water protection plan for the site to the Weld County Health Department for review and its approval. A copy of the approved plan shall be delivered to the Department of Planning Services. Page 3 RE: USR - THE DAVID J. JOSEPH COMPANY The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 4th day of September, A.D. , 1985 . 01 BOARD OF COUNTY COMMISSIONERS ATTEST: /� I � WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board 7eJhson, hairman in C 13Y.• c / R. Bran neTem peputy County Cl rk APPROVED AS TO FORM: C.. County6:24) . Go 9 6),. z. Fra magu i DEVELOPMENT STANDARDS The David J. Joseph, Company USR-691 :85 :35 1 . The uses permitted on the parcels shall be a rail and track material sorting plant as described in the application materials on file with the Department of Planning Services and subject to the Development Standards listed hereon. 2 . The groundwater protection plan shall be implemented and maintained by the applicant in accordance with County Health Department requirements. 3 . 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. 4 . The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24 . 6 et seq. , of the Weld County Zoning Ordinance. 5 . Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the site at any reasonable time in order to insure the operations carried out on the site comply with the Development Standards stated hereon and all applicable Weld County Regulations. 6 . 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. 7 . 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. Page 2 OPERATION STANDARDS - THE DAVID J. JOSEPH COMPANY 8 . The applicant shall locate the air shaft (on the north side of the railroad spur) and the Eagle Mine Hoist Shaft on the site and isolate the operation from these features. HEARING CERTIFICATION DOCKET NO. 85-59 RE: USE BY SPECIAL REVIEW FOR A RAIL AND TRACK MATERIAL SORTING PLAN - THE DAVID J. JOSEPH COMPANY A public hearing was conducted on September 4, 1985, at 2:00 P.M. , with the following present: Commissioner Jacqueline Johnson, Chairman Commissioner Gene Brantner, Pro-Tem Commissioner C.W. Kirby Commissioner Gordon E. Lacy Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Gloria Dunn Certified Court Reporter, Barbara Billings The following business was transacted: I hereby certify that pursuant to a notice dated August 19, 1985, and duly published August 22, 1985, in the Johnstown Breeze, a public hearing was conducted to consider the request of The David J. Joseph Company for a Use by Special Review for a rail and track material sorting plant. Lee Morrison, Assistant County Attorney, made this matter of record. Gloria Dunn, Planning Department representative, read the favorable recommendation of the Planning Commission into the record. She said that the Planning Commission recommended seven Development Standards, and the Planning staff recommended an additional Development Standard, which she read into the record. Ed Johnson, regional director for The David J. Joseph Company, came forward to explain the nature of the proposed operation. He stated that they will be sorting metal materials no longer used by the Union Pacific Railroad. No comment concerning this application was made by members of the audience. Commissioner Lacy moved to approve the Use by Special Review for The David J. Joseph Company, subject to the conditions and Development Standards recommended by the Planning Commission and the Planning staff. Seconded by Commissioner Yamaguchi, the motion carried unanimously. This Certification was approved on the 9th day of September, A.D. , 1985. APPROVED: �] BOARD OF COUNTY COMMISSIONERS ATTEST:111 • �, n l 2UirtaA2t-i,i WELD COUNTY, LORADO Weld County Clerk and Recorder and Clerk to the Boa J ine Joh n, Chairman D puty County Cl rk e e R. Brantner, Pro-Tem C.W. Ki Gor Lacy Fra Yamaguc TAPE #85-76 DOCKET #85-59 LHR 2276 ATTENDANCE RECORD TODAY ' S HEARINGS ARE AS FOLLOWS : SEPTEMBER 4, 1985 DOCKET # 85-59 - USR-RAIL & TRACK MATERIAL SORTING PLANT, THE DAVID J. JOSEPH COMPANY DOCKET # 85-65 - SHOW CAUSE-SUP #413, PAUL E. & PEGGY PAGE DOCKET # PLEASE write or print legibly your name , address and the DOC 4 (as L_ _ted above) or the applicants name of the hearing you are attending. NAI1E ADDRESS HEARING ATTENDING C' 1311/ 2g&,e J&. Ioi' // 71,4 mod' ----0/.4/30.41 Panel( /076 eA}, attn. # 85' 6-9 • "EXHIIBITINVENTORY CONTROL SHEET Case /C ' /�att.a �/ G r Exhibit Sulanitted By Exhibit Description A. anzi; „Z¢ �ilu�/�lD'� � i eze.- 7- -2&(G ( B. .GJ i1.ze'rii teltSQ�Gurx C• an? LS91i.?7LQ/ i?3,�C��iLI/y/{: D. S '��, 57‘,„I Ty .4% E. F. G. H. I. J. K. L. M. N. 0. INVENTORY OF ITEMS SUPMITTF.D FOR CONSIDERATION Case Number (/.5K— 6 /4C,'3 Submitted or Prepared Prior to Hearing At Hearing 21/ 1. Application (7-- Pages 2. Application plat(s) / page(s) 3. DPS Referral Summary Sheet 4. PPS Recommendation 5. DPS Surrounding Propery Owner Mailing List 6. DPS Mineral Owners Mailing List 7. \. .> DPS Maps Prepared by Planning Technician 8. DPS Notice of Hearing 9. DPS Case Summary Sheet 10. DPS Field Check 11. 129 f3" et,,1-7j -f� v aer/1 12. .2_ 7-17C uc/ 79vr/�r li S �/ U. 13. 14. 15. 16. 17. 18. 19. 20. I hereby certify that the ie2 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further ce ify that these items wer orwarded to the Clerk to the Board's office on 9 19 X�. Current lanner STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS l DAY OF C1...o`leaA 19%rj SEAL Po � et CA NO ARY PUBLIC jXrn&'T t q +9!I MY COMMISSION EXPIRES 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 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 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. 85-59 The David J. Joseph Company 300 Pike Street P.O. Box 1078 Cincinnati, Ohio 45201-1078 DATE: September 4, 1985 TIME: 2:00 P.M. REQUEST: Use by Special Review - Rail and track material sorting plant LEGAL DESCRIPTION: Part of the Si Section 15, Township 1 North, Range 68 West of the 6th P.M. , Weld County, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUER.STEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy DATED: August 19, 1985 PUBLISHED: August 22, 1985, in the Johnstown Breeze Pursue*Mai asso de AFFIDAVIT OF PUBLICATION ` tni a a uled Myths C THE JOHNSTOWN BREEZE goard of ,CO1ntYd Cour N. +!srµ— *`- STATE OF COLORADO 1 I ss i G;n r91 Loth COUNTY OF' WELD 1 OIda at the time a I, Clyde Briggs, do solemnly swear that I ininterestpt ed in the �( am publisher of The Johnstown Breeze: Reylaer.Ws reawetat Litt that the same is a weekly newspaper and may be hard printed, in whole or in part, and published Should .the applicant or 51w in the County of Weld, State of Colorado, Interefto party desire the`- and has a general circulation therein; that reporter a certified Of the said newspaper has been publishec reporter to make a record the oi�rooaceded1nga m which wiinga the continuously and uninterruptedly in saic Burin li hearing, will Gee ie County of Weld for a period of more Char the �oarefs O ice can M,'. fifty-two consecutive weeks prior to th( contacted for a list of melelt court reporters M the araw. M a first publication of the annexed legal node( open reporter ki obtai /M Clerk l0 the Board's One aisle or advertisement; that said newspaper has a - be advised In writing of sari- been admitted to the United States mails a) action at lean five dears 1eMn a second-class matter under the provisions of a court the hearing.The cost er� ;; the requesting reporter shalleb the Act of March 3, 1879, or an\ amendments thereof, and that sail BE IT ALSO KNOWN that Me text and maps so certified les , newspaper is a weekly newspaper duh =en may be examined County Planning qualified for publishing legal notices anc elm b m of the Clerk to the advertisements within the meaning of UK County Commissioners, loosled in the Weld County Cent asrai laws of the State of Colorado. Floc Grreeley cob That the annexed legal notice or advertise ment was published in the regular an( w4KET No. 85-59 APPLICAkt entire issue of every number of said week!) The David J.Alrtigp e9NPey newspaper for the period of ..l.... consecu 300 PBe 91M1e. live insertions; and that the firs PA ox 1 Cincinnati, 0 publication of said notice wiis in the issue a 45zort*tm7i said newspaper dated ..g122,- Al).. Is5S DATE: September a, 1985 and that the last publication of said nutlet was in the issue of said newspaper date( TIME: 2:00 P.M. , A.D. 19 REQUEST: Use by - Special In witness whereof I have h('1"Unto se Review—Rail and track material - �, sorting plant my hand this(_ 2--- day of r LEGAL DESCRIPTION: Part of '. A.D. 19.fi,� the SW Section 15, Township 1 North,Range 68 West of the 8m PM., Weld County, Colorado fry BOARD OF COUNTY ...... .. .... COMMISSIONERS Publisher WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN Subscribed and sworn to before me, ; COUNTY CLERK AND: RECORDER AND CLERK Notary Public in and for the County o TO THE BOARD W(r}d, State of Colorado thiso21... day a BY: Mary Reiff, Deputy. . . ,. . .. A.D. 19ce . DATED: August 19, 1996 U the PUBLISHED:August Brame 199A In. " ' IM J�I�BL`_ My ornmission Expires June 14,rtggy ublu 2 South Parish Avon, o My commission expires AH--IDA 'v11~ Or PUBLICA 17ON FARMER AND MINER County of Weld ) ss Should the applicant sr interested State of Colorado ) party desire the presence f a cer- tified court reporter to make a record of the proceedings,In addi- tion to the taped record which will be kept during the hearing , the Clerk to the Beard's Office can be J o s e p h H . Rebel do contacts ter a list of certified solemnly swear that THE FARMER AND MINER is a weekly court reporters in the area. If a court Bo is obtained,fice the Clerk toadvised the Beard's suchb shall at newspaper which is published in the County of Weld, State of astfiin hearing. arng. least five days prior g a ourt re- Colorado, and which has general circulation therein; that said The cost of eagapinB a c01rt re- newspaper has been published continuously and unkerruptedly in Paste Adverbs porter snap ae borne hry me re- ouesting party. said County of Weld for a period of more than fifty-two consecutive BE IT ALSO KNOWN that the text weeks next prior to the firstpublication of the annexed legal notice and maps so certifiedby the Weld g County Planning Commission may or advertisement; that said newspaper has been admitted to the be examined in the office of the United Sates mails as second-class matter under the provisions Clerk sated id of nouthe w Weld County of the Act of March 3, 1879, or any amendments Street, thereto, and that Cent Flo Third Flolor,,Greeley, y, 10th n1 • said newspaper is a weekly newspaper duly qualified for pub- Colorado. lishing legal notices and advertisements within the meaning of DOCKET NO.85-59 the laws of the State of Colorado. APPLICANT The David J.Joseph Company That the annexed legal notice or advertisement was published 300 Pike Street week I Y LEGAL NOTICES 4 P.O.Box 1070 Cincinnati,Ohioa0a01.1o70 in the regular and entire editions of said 40, newspaper once each NOTICE DATE: September 4, 1905 week on the same day of each week for the period of one pursuant Ctolorado the zoning laws a the State of in , and c the Weld TIME: 2:00 P.M. Zonwill beg In the apChc bearing wt held Chambers oIasi ofn- REQUEST:Use by Special Review g the Board of County Commission- -Rail and track motorist sorting consecutive insertions; and that the first publication of said notice tre,o WeldCCounal ty,91s 1a'spot earn First Floor, Greeley, Colorado,et LEGAL DESCRIPTION: was in the issue of said newspaper dated the time specified. All persons in AJ,16rl�li•t-..22 any manner Ted In the Use Part of the SI/2 Section 15, Town- by Special Review are requested to ship 1 North,Range 4$West of the attend and may be heard. 4th P.M.,Weld County, Colorado 19...85.., and that the last publication of said notice was in the - --- ---- - -- BOARD OF COUNTY COMMISSIONERS issue of said newspaper ated MA COUNTY,AFEUERSTEIN RADO BY:MARY ANN FEHE ER COUNTY CLERK A RECORDER �- AND CLERK TO THE BOARD Business Manager by;Mary Reiff,Deputy DATED: August 19,190S Subscribed and sworn to before me this ....2,3s.4 day of A ug.u§t 19 $ My Commission Expires 3e-9-86 Notary Public FEE S 3-1300-02 DATE: August 19 , 1985 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners: If you have no objections, we have tentatively set the following hearings for the 4th day of September, 1985 , at 2 : 00 P.M. Docket No. 85-59 - The David J. Joseph Company, USR-Rail and track material sorting plant Docket No. 85-60 - J.B. and Loretta P. McCoy, USR-Oil and gas service business in the Agricultural Zone District OFFICE OF THE CL Y TO THE BOARD BY: //GPI/w' i/�J//t Deputy 9 , The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ( Aei,4 � Ida .'may.. Summary of the Weld County Planning Commission Meeting August 6, 1985 Page 7 The Chairman called fcr discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the Planning Commission members for their decision. Motion carried unanimously. )11 CASE NUMBER: USR-691:85:35 APPLICANT: The David J. Joseph Company REQUEST: A Use by Special Review Permit for a rail and track material sorting plant LEGAL DESCRIPTION: Part of the S1c, Section 15, TIN, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 3 miles east of Erie; north of Weld County Road 8 and west of Interstate 25 APPEARANCE: Ed Johnson, Regional Director, The David J. Joseph Company, stated they are processing material that Union Pacific Railroad takes out of their tracks, etc. If it is recyclable they return it to Union Pacific Railroad along with anything else that is salvageable. The unsalvageable material is hauled off. There will be two mobile homes on this site. One will be used for an office and one will be used for employees to clean-up, take showers, etc. This will be a new operation and they will employee about eighteen people. They have not begun any work at this site at this time. The Chairman called for discussion from the members of the audience. There was none. The Chairman asked Mr. Johnson if he had reviewed the recommendations, conditions, and development standards as outlined by the Department of Planning Services staff. He stated he had and has no objections to anything as stated. 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 USR-691:85:35 for The David J. Joseph Company for a Use by Special Review Permit for a rail and track material sorting plant 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 Bill McMurray. EXN/13iT v Summary of the Weld County Planning Commission Meeting August 8, 1985 Page 8 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. Lydia Dunbar - yes; Paulette Weaver - yes; Bill McMurray - yes; Jack Holman - yes; Sharon Linhart - yes. Motion carried unanimously. CASE NUMBER: USR-692:85:36 APPLICANT: Basin Exploration, Inc. (Allely - Raisley) REQUEST: A Use by Special Review Permit for oil and gas production facilities in the R-1 (low density residential) zone district LEGAL DESCRIPTION: The N1K N1, Section 34, T5N, P66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 1-1/2 miles south of Greeley; south of Weld County Road 52 and west of 47th Avenue APPEARANCE: Les Kaplan, Basin Petroleum, represented the applicant. Fe reported they want to drill four wells on this eighty acres. He has reviewed the recommendations, conditions, and development standards as outlined by the Department of Planning Services staff. Fe does take exception to Condition #5 which requires landscaping. Fe felt that landscaping would not be effective as a noise buffer and would be too costly and cumbersome to maintain. When they presented their last request this was removed from the conditions and since the two cases are similar he felt this should be removed from this request also. AMENDMENT: Paulette Weaver moved Condition #5 regarding landscaping of the area be deleted. Motion seconded by Jack 'Holman because he felt the farmer would not like to have this done. It could be difficult to farm and work around the tank battery area. The Chairman called for discussion from the audience. Discussion followed. The Chairman asked the Planning Commission for their decision. Motion - carried unanimously. The Chairman called for discussion from the audience. Ted Stander, Surrounding Property Owner, asked to see the plat. Richard Marshall, Surrounding Property Owner, spoke of his concern for the water wells in the area. .1. j3131985 I a3 q ) '50P^n dlc- BEFORE THE WELD 6UNTY. COLORADO B ING COMMI f lION y„, , 1 yr CREELEY. COLO. P I( RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY CUIISSIONERS Moved by Paulette Weaver that the following resolution be introduced for passage by the Weld County Planning Commission. Be it Resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-691:85:35 NAME: The David J. Joseph Company ADDRESS: 300 Pike Street, Cincinnati, Ohio 45201 REQUEST: Use by Special Review permit for a rail and track material sorting plant. LEGAL DESCRIPTION: Part of the Sz Section 15, T1N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 3 miles east of Erie, north of Weld County Road 8 and west of Interstate 25. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Weld County Planning Commission that the applicant has shown compliance with Section 24.3. 1 et seq. of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the Comprehensive Plan policies in that the use does not infringe on continued agricultural use in the vicinity or County. The proposal does not appear to have any adverse impacts on the agricultural interests; - The proposal is consistent with the intent of the Agricultural Zone District and is provided for as a Use by Special Review; - The subject site is located within a Geologic Hazard Overlay District. Condition for approval number four addresses this concern; and - Use by Special Review Standards provide adequate protection of the health, safety and welfare of the neighborhood and County. h :(/J/JJii 'r-' David J. Joseph Company USR-691 :85:35 August 6, 1985 Page 2 The Planning Commission's recommendation for approval is conditional upon the following: 1. The attached Standards for Use by Special Review be adopted and placed on the Use by Special. Review plat prior to recording. 2. The prescribed Use by Special Review activity shall not occur nor shall any building or electrical permits be issued on the subject property until the Use by Special Review plat has been delivered to the Department of Planning Services office and the plat has been recorded in the office of the Weld County Clerk and Recorder. 3. The applicant and/or operator shall be required to obtain all applicable building or electrical permits for USR-691:85:35. 4. Prior to scheduling a hearing before the Board of County Commissioners, the applicant shall obtain approval of a Geologic Hazard Overlay Development Permit from the Department of Planning Services. 5. Prior to recording the Use by Special Review plat, the applicant shall submit a ground water protection plan for the site to the Weld County Health Department for review and its approval. A copy of the approved plan shall be delivered to the Department of Planning Services. Motion seconded by Bill McMurray. Vote: For Passage Against Passage Lydia Dunbar Paulette Weaver Bill McMurray 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. David J. Joseph Company USR-691:85:35 August 6, 1985 Page 3 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 August 6, 1985, and recorded in Book No. IX of the proceedings of the said Planning Commission. Dated the 7th day of August, 1985 c Roe. Bobbie Good Secretary DEVELOPMENT STANDARDS The David J. Joseph, Company USR-691 :85:35 1. The uses permitted on the parcels shall be a rail and track material sorting plant as described in the application materials on file with the Department of Planning Services and subject to the Development Standards listed hereon. 2. The groundwater protection plan shall be implemented and maintained by the applicant in accordance with County Health Department requirements. 3. 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. 4. The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance. 5. Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall be granted access unto the site at any reasonable time in order to insure the operations carried out on the site comply with the Development Standards stated hereon and all applicable Weld County Regulations. 6. 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. 7. 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. Date: August 6, 1985 CASE NUMBER: USR-691:85:35 NAME: The David J. Joseph Company ADDRESS: 300 Pike Street, Cincinnati, Ohio 45201 REQUEST: Use by Special Review permit for a rail and track material sorting plant. LEGAL DESCRIPTION: Part of the S1 Section 15, TIN, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 3 miles east of Erie, north of Weld County Road 8 and west of Interstate 25. THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services staff that the applicant has shown compliance with Section 24.3.1 et seq. of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the Comprehensive Plan policies in that the use does not infringe on continued agricultural use in the vicinity or County. The proposal does not appear to have any adverse impacts on the agricultural interests; - The proposal is consistent with the intent of the Agricultural Zone District and is provided for as a Use by Special Review; - The subject site is located within a Geologic Hazard Overlay District. Condition for approval number four addresses this concern; and - Use by Special Review 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. David J. Joseph Company USR-691:85:35 Page 2 2. The prescribed Use by Special Review activity shall not occur nor shall any building or electrical permits be issued on the subject property until the Use by Special Review plat has been delivered to the Department of Planning Services office and the plat has been recorded in the office of the Weld County Clerk and Recorder. 3. The applicant and/or operator shall be required to obtain all applicable building or electrical permits for USR-691:85:35. 4. Prior to scheduling a hearing before the Board of County Commissioners, the applicant shall obtain approval of a Geologic Hazard Overlay Development Permit from the Department of Planning Services. 5. Prior to recording the Use by Special Review plat, the applicant shall submit a ground water protection plan for the site to the Weld County Health Department for review and its approval. A copy of the approved plan shall be delivered to the Department of Planning Services. DEVELOPMENT STANDARDS The David J. Joseph, Company USR-691:85:35 1. The uses permitted on the parcels shall be a rail and track material sorting plant as described in the application materials on file with the Department of Planning Services and subject to the Development Standards listed hereon. 2. The groundwater protection plan shall be implemented and maintained by the applicant in accordance with County Health Department requirements. 3. 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. 4. The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance. 5. Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the site at any reasonable time in order to insure the operations carried out on the site comply with the Development Standards stated hereon and all applicable Weld County Regulations. 6. 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. 7. 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. The David J.Joseph Company June 24, 1985 Mr. Rod Allison Department of Planning Services 915 10th Street Greely, CO 80631 Dear Mr. Allison: Enclosed please find application and other required information for application for Use by Special Review Permit for our site at Eagle Mine Property. I will stay in contact with you during this application period. Should you have any questions or require more information please call me. Sincerely yours, THE DAVID J. JOSEPH COMPANY U /'J .2' Edgar F. Johnson, Regional Director Plant Operations Department EFJ/dlr Enclosures Application Form Names of adjacent property owners Affidavit of Interest Owners Minerals and/or Subsurface Affidavit of Interest Owners Surface Estate Board of County Commissioners Sign Posting Certificate Planning Commission Sign Posting Certificate Application Requirements Lease Agreement Property Legal Description Soil Survey Analysis Executive and COO Pike Street Mail Address PO.Box 1078 District Offices Birmingham Detroit Plsmnmh, Ut. General Offices Cincinnati,Ohnr15202,42T9 Cmunnall,Ohio 45'_(11-111711 Chadmte Houston St. Louis SI 1/62L85T0 CMs ago Omaha Tampa (sins nnail Philadelphia ('eve land Pittsburgh APPLICATION USE BY SPECIAL REVIEW Department of Planning Services, 915 Tenth Street, Greeley, Colorado 80631 Phone - 356-4000 - Ext. 4400 Case Number Date Received Application Checked by Oyler plat submitted Application Fee Receipt Number Recording Fee Receipt Number TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) I (we), the undersigned, hereby request hearings before the Weld County Planning Commission and the Weld County Board of County Commissioners concerning the proposed Special Review Permit of the following described unincorporated area of Weld County Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: South k Section 15 T 1_N, k 68 W LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: None Section T N, R W Property Address (if available) PRESENT ZONE A OVERLAY ZONES TOTAL ACREAGE 14 PROPOSED LAND USE To construct a rail and track material sorting plant EXISTING LAND USE Land is not currently being used SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW: Nam: ihnion Pacific Railroad Address:1416 Dodge Street city Omaha. Nebraska zip 68179 Home Telephone 4 Business Telephone S 1-402-271-2109 Name: Address: _ City Zip Home Telephone 4 Business Telephone A Name: Address: City Zip Home Telephone 8 Business Telephone A APPLICANT OR AUTHORIZED AGENT (if different than above): Name: The David J. Joseph Company Address: 300 Pike Street/P.O. Box 1078 city Cincinnati. Ohio zip 45201 Home Telephone A Business Telephone A 1-513-621-8770 List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. Name:_ITni on Paci fi c ai 1 road Address: 1416 Dodge Street._ City Ornia. Nebraska zip 68179 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. V111-MN COUNTY OF 41E+:D- _) -- STATE OF COLORADO' ) CM;I) (? Cp Signature: Owner of A horized Agent Subscribed and sworn to before me this L"t�)da of tk'ILC. Y J 19 gJ SEAL Caitro ,,,, A NOTARY PUBLI J\ CAROLYN A. TRAINOR My commission expires — Notary Public, State of Ohio -- - My Commission Expires March 8. 1988 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION II Cleland, John T. & Shirley A. 2474 WCR#7 Erie, Co. 80516 24856D Erie Road Joint Venture c/o Robert P. Marx 4285 S. Broadway Englewood, Co. 80110 24856 Lovely, Norman 6509 E. Milan Ave. Denver, Co. 80237 24857 Arneson, Earl & Ruth S. 3206 WCRj18 Erie, Co. 80516 24906/24919 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property CH STATE OF COLORADO ) 14PMlLIONI ) 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. i The foregoing instrument was subscribed and sworn to before me this 1-4 ti day of \ytilC� , 19 es. WITNESS my hand and official seal. My Commission expires: 3 - -4z CC' I • \ kl�< .-- (- Notary Pubic CAROLYN A. TRAINOR Notary Public, State of Ohio My Commission Expires March g, i9gg AFFIDAVIT OF INTEREST OWNERS SURFACE. ESTATE Application No. Subject Property C I\tC STATE OF C(3LORADO- ) �lhn ��lc� ) ss. COUNTY OF 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. / , t The foregoing instrument was subscribed and sworn to before me this L-l.t( day of h\`�_ 195 . WITNESS my hand and official seal, My Commission expires: J.. . lc< Notary Pubic CAROLYN A. TRAINOR Notary Public, State of Ohio My Commission Expire March 8. 1988 BOARD OF COUNTY COMMISSIONERS SIGN POSTING CERTIFICATE I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST TEN (10) DAYS PRECEDING THE BOARD OF COUNTY COMMISSIONER'S HEARING FOR CASE THE SIGN WAS POSTED BY: -T / 1 NAME OF PERSON POSTING` SIGN 7/7 -1 SIGNATW E OF APPLICAN C H 1 0 STATE OF 991.44411480 ) 1.1Ar‘i COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS �`t '"DAY OF 19 15. SEAL 1let. i�� l_ NOTARY PUBLI' CAROLYN A. TRAINOR Notary Public, State of Ohio My Commission Expires Match 8, 1988 MY COMMISSION EXPIRES - G-L �, LAST DAY TO POST SIGN IS: 19 PLANNING COMMISSION SIGN POSTING CERTIFICATE I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST TEN (10) DAYS PRECEDING THE PLANNING COMMISSION HEARING FOR CASE ll . THE SIGN WAS POSTED BY: / NAME, F PERSON POS'XNG SIGN SIGNATtRE OF APPL ANT Grim STATE OF COLORAB9 ) WfiAUL CN) COUNTY OF WELD- ) SUBSCRIBED AND SWORN TO BEFORE ME THIS P-Di1DAY OF 19_KS SEAL Ca 1.e k . i NOTARY PU C CAROLYN A. TRAINOR \J Notary Public, State of Ohio My Commission Expires March 8, 1988 MY COMMISSION EXPIRES ,$ . LAST DAY TO POST SIGN IS: _]9_ APPLICATION REQUIREMENTS 1 . A complete application form is attached. 2 . Detailed description of proposed operation and use : A. Explain the proposed use: The David J. Joseph Company will receive from the Union Pacific Railroad, material consisting of railroad rail and other associated items which have been taken out of service. This material will be sorted into material which may be reused by the Union Pacific , and material for our other customers , Colorado Steel & Wire and CF&I at Pueblo , Colorado. B. Explain the need for the use : This plant is being built at the request of the Union Pacific to sort used rail and return material usable by them, thus providing an economic service to the railroad. C. Explain the types of existing uses on surrounding properties : The property immediately adjoining our property on the north and south is used by Mr. Norman Lovely for a scrap processing facility. The property further to the north and west of our property is used as agricultural land. The property to the east is Interstate 25 . The property south of Weld County Road 8 is also agricultural property. D. The distance of the proposed use to residential struc- tures in each direction: The closest residential structure is approximately two miles west of our location. E. Maximum number of users patrons : members : and buyers : This property is owned by the Union Pacific Railroad and will be used exclusively by The David J. Joseph Company. F. The number of employees : number of shifts and hours of operations : It is anticipated we will have approxi- mately 18 hourly employees and two salaried employees . Our work shift will be one 8-hour shift with the possibility of overtime. G. The type of water source for the proposed use : Water will be provided by a well to be drilled on our property. Application has been made to the state of Colorado for a permit to drill the well . H. Explain the access routes to be utilized for the proposed use : Access will be off of Weld County Road 8 and through property currently owned by Mr. Lovely on roads currently in use by him. - 2 - I . Explain type, size, weight , and frequency of vehicular traffic associated with the proposed use : Most of the material processed will be received and shipped by rail; however, we will ship approximately five flatbed truckloads of material per day to Colorado Steel & Wire . These trucks will not exceed the legal weight limit. J. The type of sewage facility for the proposed use: We will install a septic tank. K. A description of the proposed fire protection measures associated with the proposed use: We will use fire extinguishers as well as fire hoses for this purpose. Also , the ground will be plowed and all weeds will be controlled. L. The types and maximum number of animals to be concen- trated on the use by special review area at any one time : We will not have any animals on this property. M. The type and size of any waste , stockpile or storage area associated with the proposed use: There may at times be stockpiles of unprepared and prepared railroad rail. It is estimated these piles will not exceed 15 ' in height nor 100 ' in length. There should be no waste or trash associated with this process , but any waste material that might be generated will be hauled to proper landfills . N. Type of storm water retention facilities associated with the proposed use : We will make no changes in the current contours of the land for the runoff of storm water. This land appears to be contoured in such a way as storm water is well managed. 0. The time schedule and method of removal and disposal of debris , junk , and other wastes associated with the proposed use: As stated earlier, all trash and debris associated with this operation will be hauled to proper landfill facilities . P. Explain proposed landscaping plans and erosion control measures associated with proposed use : We have no plans for landscaping this operation , as it is some distance from any roads and it is not readily visible . Also, we have no plans for erosion control measures as this property appears to be contoured in such a manner as to avoid erosion problems . - 3 - Q. Reclamation procedures to be employed upon cessation of the use by special review activity: As provided for in our lease with the Union Pacific Railroad, it will be necessary for The David J . Joseph Company to remove all physical structures on all property should we cease operation of this facility. R. A timetable showing the periods of time required for construction and start-up for the proposed use: It is our expectation to be in full operation at this facility by the end of August 1985 . SECTION III The David Joseph Company is installing this plant on property owned by the Union Pacific Railroad and under lease to The Joseph Company. This property has not been used for a number of years and is part of the old marshaling yard associated with the Eagle Mine property; therefore, it has not been part of the agricultural land of Weld County. We are in no way affecting the agricultural attitude of Weld County and have no intention of doing so , as we are not taking agricultural land out of production. None of the functions which The Joseph Company will perform at this location will endanger the health, safety and welfare of the inhabitants of the neighborhood and county . This use by special review area is not located in a flood plain or the Weld County Airport overlay district. It is , however , located in an area of geologic hazard. Attached to this appli- cation please find a report from McCarty Engineering of Longmont , Colorado advising this property is suitable and stable for our operation. We will be using water from a well drilled on our property . A permit for this well has been applied for. A copy of the legal description of the property and a copy of the lease between the Union Pacific Railroad and The David J . Joseph Company are attached. A soil report of the site is also attached and gives proper description of the soil and its limitations and uses . A list of the names and addresses of all property owners located within 500 ' of our property is also attached. This list was assembled on June 19 , 1985 by Edgar F. Johnson from the records at the Weld County Assessor' s office. The mineral rights to this property are retained by the Union Pacific Railroad and are stated as such in our lease . Also , the Union Pacific Railroad is to supply to Weld County an affidavit to this effect. EFJ/mlh FORM 2209 DUPLICki JRICANAL.UUSMISCOPY OMA-7359 2147-31 LEASE This Agreement made and entered into as of the 24th day of May, 1985, by and between UNION PACIFIC RAILROAD COMPANY, a corporation of the State of ah, (hereinafter called "Lessor") , P party of the first part, ancP tAVID J. JOSEPH COMPANY, a corporation of the State of Delaware, of P. O. Box 1078, Cincinnati, Ohio 45201-1078 (hereinafter called "Lessee") , party of the second part, WITNESSETH: Lease / Term Location / Use Section 1 . The Lessor, for and in consideration of the covenants and payments hereinafter mentioned to be performed and made by the Lessee, hereby agrees to lease and let and does here- by lease and let unto the Lessee for a term of one year beginning on the 1st day of June, 1985, the portion of the premises of the Lessor (hereinafter the "Premises") at or near Eagle Mine, Weld County, Colorado, shown on the plat, or described in the description, or both, hereto attached and hereby made a part hereof, such Premises to be used only as a site for scrap storage and weed control. Renewal Thereafter, so long as neither party is in default, this Lease will renew itself without further documentation from year to year until terminated as provided in Section 16 herein. Each renewal term will be upon the same terms and conditions set forth herein, including, without limitation, the Lessor's right to reevaluate the rental as hereinafter provided. Improvements It is agreed that no improvements placed upon the Premises by the Lessee shall become a part of the realty. Water Rights The Lessee acknowledges that this Lease does not grant, convey or transfer any right to the use of water under any water right owned or claimed by the Lessor which may be appurtenant to or otherwise associated with the Premises, and that all right, title, and interest in and to such water is expressly reserved unto the Lessor, its successors and assigns, and that the right to use same or any part thereof may be obtained only by the prior written con- sent of the Lessor. This Lease is made without covenant of title or to give posses- sion or for quiet enjoyment. Rental Section 2. The Lessee shall pay to the Lessor for the use of the Premises, rental at the rate of THREE THOUSAND THREE HUNDRED NINETY-NINE DOLLARS ($3,399.00) per annum payable annually in advance for each and every year during the term of this Lease, or any renewal thereof, subject to reevaluation, as hereinafter provided. 1 Rental Reevaluation The Lessor may annually reevaluate the rental base upon which the above rental is computed. In the event the Lessor shall deter- mine that the rental paid is no longer representative of a fair mar- ket value rental, the Lessor may adjust the rental and shall advise the Lessee by written notice of such change. Such written notice shall be served at least thirty (30) days prior to the effective date of the new rental, it being understood however that rental adjust- ments shall not be made more often than once every twelve months. Utilities The Lessee shall arrange, secure, and be responsible for all water, gas, heat, electricity, power, sewer, telephone, and any and all other utilities and services supplied and/or furnished to the Premises in connection with the use of the Premises by the Lessee as hereinafter provided, together with any and all taxes and/or assessments applicable thereto. In the event such utilities and services are not separately me- tered to Lessee, Lessee shall pay a reasonable proportion of the cost of such utilities and services, to be determined by the Lessor, of all charges jointly metered with other portions of the Lessor's property. It is understood and agreed that none of the above utilities or services may be installed upon the Premises without first securing the written consent and approval for such installation and the loca- tion thereof by the Lessor's Chief Engineer. Taxes The Lessee further agrees to pay, before the same shall become delinquent, all taxes levied during the life of this Lease upon the Premises and upon any buildings and improvements there- on, or to reimburse the Lessor for sums paid by the Lessor for such taxes, except taxes levied upon the Premises as a component part of the railroad property of the Lessor in the state as a whole. Assessments If, during the life of this Lease, any street or other improvement, whether consisting of new construction, maintenance, repairs, renewals, or reconstruction, shall be made, the whole or any portion of the cost of which is assessed against or is fairly assignable to the Premises, the Lessee agrees to pay in addition to the other payments herein provided for: (a) Ten and one-half percent (10'IA) per annum on the amount so assessed against or assignable to the Premises when expenditures by the Lessor for such improvements are properly chargeable to capital account under accounting rules of the Interstate Commerce Commission current at the time; and (b) the entire amount so assessed against or assignable to the Premises when expenditures for such improvements are not properly chargeable to capital account under said accounting rules. 2 Use of Premises Abandonment Section 3. The Lessee covenants that the Premises shall not be used for any other purpose than for such use specified in Section 1 hereof and agrees that if the Lessee abandons the Premises, the Lessor may enter upon and take possession of the same, and that a non-user for the purpose mentioned continuing for thirty days shall be sufficient and conclusive evidence of such abandonment. Lessee Not To Sublet or Assign Section 4. The Lessee agrees not to let or sublet the Premises, in whole or in part, or to assign this Lease without the consent in writing of the Lessor, and it is agreed that any transfer or assign- ment of this Lease, whether voluntary, by operation of law or oth- erwise, without such consent in writing, shall be absolutely void and, at the option of the Lessor, shall terminate this Lease. Use for Unlawful Purposes Prohibited- Indemnity Section 5. It is especially covenanted and agreed that the use of the Premises or any part thereof for any unlawful or immoral purposes whatsoever is expressly prohibited; that the Lessee shall indemnify, hold harmless and defend the Lessor and the Premises from any and all liens, fines, damages, penalties, forfeitures or judgments in any manner accruing by reason of the use or occupa- tion of the Premises by the Lessee; and that the Lessee shall at all times protect the Lessor and the Premises from all injury, damage, or loss by reason of the occupation of the Premises by the Lessee or from any cause whatsoever growing out of the Lessee's use thereof. Care of Premises and Improvements Section 6. The Lessee hereby covenants and agrees that any and all buildings erected upon the Premises shall be painted by the Lessee a color satisfactory to the Lessor, and shall at all times be kept in good repair; that the roof of each building shall be of fire-resistive material; that the Premises shall during the continu- ance of this Lease be kept by the Lessee in a neat and tidy condi- tion and free from all material which would tend to increase the risk of fire or give the Premises an untidy appearance; that none of the buildings or other structures erected on the Premises shall be used for displaying any signs or advertisements other than signs as may be connected with the business of the Lessee, and that such signs shall be neat, properly maintained and subject to approval of the Lessor. In the event any building or other improvement not be- longing to the Lessor on the Premises is damaged or destroyed by fire, storm, or other casualty, the Lessee shall, within thirty days after such happening, remove all debris and rubbish resulting therefrom; and if the Lessee fails to do so, the Lessor may enter the Premises and remove such debris and rubbish, and the Lessee agrees to reimburse the Lessor, within thirty days after bill ren- dered, for the expense so incurred. Liens-Indemnity Section 7. The Lessee shall, when due and before any lien shall attach to the Premises, if the same may lawfully be asserted, pay all charges for water, gas, light, and power furnished; rental or use of sewer facilities serving the Premises; pay for all material joined or affixed to the Premises; pay for all taxes and 3 assessments; and shall pay in full all persons who perform labor upon the Premises, and shall not permit or suffer any mechanic's or materialman's or other lien of any kind or nature to be enforced against the Premises for any work done or materials furnished thereon at the instance or request or on behalf of the Lessee; and the Lessee agrees to indemnify, hold harmless, and defend, the Lessor and its property against and from any and all liens, claims, demands, costs, and expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials or other things furnished. Superior Rights Section 8. This lease is made subject to all outstanding superior rights, including, but not limited to, rights of way for highways, pipelines, and for power and communications lines, and the right of the Lessor to renew such outstanding rights and to extend the term thereof. Clearances Section 9. Detailed plans for all buildings, platforms, loading or unloading devices, structure and all alterations, improvements and/or additions thereto and/or upon the Premises which the Lessee shall desire to make, shall be presented to Lessor for consent in written form prior to installation upon the Premises. If the Lessor shall give its consent, the consent shall be deemed conditioned upon Lessee acquiring a permit to do such work from appropriate govern- mental agencies, the furnishing of a copy thereof to Lessor prior to the commencement of the work and the compliance by Lessee of all conditions of said permit in a prompt and expeditious manner. All buildings, platforms, loading or unloading devices, struc- tures, and/or material or obstruction of any kind erected, main- tained, placed, piled, stacked, or maintained upon the Premises after the commencement of this Lease and any alterations, improve- ments, and/or additions thereto or to buildings, platforms, loading or unloading devices structures located on the Premises prior to the commencement of this Lease shall be constructed, operated, main- tained, repaired, renewed, modified and/or reconstructed by the Lessee in strict conformity with Union Pacific Railroad Company's Standard Minimum Clearances for All New Structures and Facilities Along Industry Tracks, as in effect at the time of the placement, construction, operation, maintenance, repair, renewal, modification or reconstruction. Buildings, platforms, loading or unloading devices, structures and/or material or obstruction of any kind located upon the Premis- es which are in place at the time the Lessee takes possession of the Premises or which were constructed, placed, piled, stored, stacked, or maintained upon the Premises with the express consent of the Lessor under the terms of a previous lease between Lessor and Les- see, but which are not in conformity with Union Pacific Railroad Company's Standard Minimum Clearances, shall be considered per- mitted for the purposes of this Section. • Compliance with such standards shall not relieve Lessee from the Obligation to fully comply with the requirements of any federal , state, or municipal law or regulation; it being understood and agreed that Union Pacific Railroad Company's Standard Minimum Clearances are in addition to and supplemental of, any and all re- quirements imposed by applicable law or regulation and shall be complied with unless to do so would cause Lessee to violate an ap- plicable law or regulation. Lessor shall consider requests of the Lessee to impair clear- ances which are necessitated by the operational requirements of the Lessee, but Lessor shall not be obligated to consent to any impair- ment. Any necessary permission to impair clearances to which the Lessor has consented must be secured by the Lessee at its own expense, in advance of any impairment; and Lessee shall comply promptly and strictly with all requirements or orders issued by appropriate state or other public authority relating to such impairments. Lessee assumes the risk of and shall indemnify, hold harmless, and defend the Lessor, its officers, agents, and employees, against and from all injury or death to persons or loss or damage to prop- erty of the parties hereto and their employees and agents and to the person or property of any other person or corporation resulting from the Lessee's noncompliance with the provision of this Section 9, or resulting directly or indirectly from any impairment of the clearances described in this Section 9, whether the Lessor had no- tice thereof or consented thereto, or whether authorized by applica- ble state or other public authority pursuant hereto, or existing without compliance with the provisions of this Section 9. Any knowledge on the part of the Lessor of a violation of the clearance requirements of this Lease, whether such knowledge is actual or implied, shall not constitute a waiver and shall not relieve the Lessee of its obligation to indemnify and defend the Lessor, its officers, agents, and employees, for losses and claims resulting from such violation. However, the terms of this Section shall not apply to losses resulting from impairments or facilities created or constructed by the Lessor that will not benefit the Lessee. Explosives and Inflammables Section 10. It is further agreed that no gunpowder, gasoline, dynamite, or other explosives or flammable or hazardous materials shall be stored or kept upon the Premises. Nothing herein con- tained, however, shall prevent the storage of those hazardous com- modities, if any, specified in Section 1 , or oil or gasoline where same are to be used, as indicated by Section 1 hereof, contemplates such storage; nor the storage of oil or gasoline where same are used by the Lessee for fuel in the business carried on by the Les- see on the Premises, and are stored in quantities reasonable for such purposes; PROVIDED, however, that in all of such excepted cases, the Lessee shall store such commodities no closer than fifty (50) feet from the center line of any main track and strictly comply with all statutory and municipal regulations relating to the storage of such commodities. 5 No Construction by Lessee Over or Under Tracks Section 11 . The Lessee shall not locate or permit the location or erection of any poles upon the Premises, nor any beams, pipes, wires, structures or other obstruction over or under any tracks of the Lessor without the written consent of the Lessor. Liability of Lessee for Breach Section 12. The Lessee shall be liable for and shall defend against any and all injury or death of persons or loss of or damage to property, of whatsoever nature or kind, arising out of or con- tributed to by any breach in whole or in part of any covenant of this Lease. Fire Damage Release Section 13. It is understood by the parties hereto that the Premises are in dangerous proximity to the tracks of the Lessor, and that by reason thereof there will be constant danger of injury and damage by fire, and the Lessee accepts this Lease subject to such danger. It is therefore agreed, as one of the material considerations for this Lease and without which the same would not be granted by the Lessor, that the Lessee assume all risk of loss or destruction of or damage to buildings or contents on the Premises, and of or to other property brought thereon by the Lessee or by any other per- son with the knowledge or consent of the Lessee, and of or to property in proximity to the Premises when connected with or inci- dental to the occupation thereof, and any incidental loss or injury to the business of the Lessee, where such loss, damage, destruc- tion, injury, or death of persons is occasioned by fire caused by, or resulting from, the operation of the railroad of the Lessor, whether such fire be the result of defective engines, or of negli- gence on the part of the Lessor or of negligence or misconduct on the part of any officer, servant or employee of the Lessor, or oth- erwise, and the Lessee hereby agrees to indemnify and hold harm- less and defend the Lessor, its officers, servants, and/or employees, against and from all liability, causes of action, claims, or demands which any person may hereafter asset, have, claim, or claim to have, arising out of or by reason of any such loss, dam- age, destruction, injury, or death of persons including any claim, cause of action or demand which any insurer of such buildings or other property may at any time assert, or undertake to assert, against the Lessor, its officers, servants and/or employees. Water Damage Release Section 14. The Lessee hereby releases the Lessor, its officers, servants, and/or employees, from all liability for damage by water to the Premises or to property thereon belonging to or in the custody or control of the Lessee, including buildings and con- tents, regardless of whether such damage be caused or contributed by the position, location, construction or condition of the railroad, roadbed, tracks, bridges, dikes, ditches or other structures of the Lessor. 6 Termination on Default Section 15. It is further agreed that the breach of any covenant, stipulation or condition herein contained to be kept and performed by the Lessee, shall, at the option of the Lessor, forth- with work a termination of this Lease, and all rights of the Lessee hereunder; that no notice of such termination or declaration of for- feiture shall be required, and the Lessor may at once re-enter upon the Premises and repossess itself thereof and remove all persons therefrom or may resort to an action of forcible/unlawful entry and detainer, or any other action to recover the same. A waiver by the Lessor of the breach by the Lessee of any covenant or condi- tion of this Lease shall not impair the right of the Lessor to avail itself of any subsequent breach thereof. Termination by Notice Section 16. This Lease may be terminated by written notice given by either the Lessor or the Lessee to the other party on any date in such notice stated, not less, however, than thirty (30) days subsequent to the date on which such notice shall be given. Said notice may be given to the Lessee by serving the Lessee per- sonally or by posting a copy thereof on the outside of any door in any building upon the Premises or by mailing the same, postage prepaid, to the Lessee at the last address known to the Lessor. Said notice may be given to the Lessor by mailing the same, postage prepaid to the office of the Director of Real Estate, Room 306, 1416 Dodge Street, Omaha, Nebraska, 68179. Upon such termina- tion and vacation of the Premises by the Lessee, the Lessor shall refund to the Lessee on a prorata basis, any unearned rental paid in advance. Vacation of Premises Removal of Lessee's Property Section 17. The Lessee covenants and agrees to vacate and surrender the quiet and peaceable possession of the Premises upon the termination of this Lease howsoever. No later than the expira- tion or termination date of this Lease, the Lessee shall (a) remove from the Premises, at the expense of the Lessee, all structures and other property not belonging to the Lessor; and (b) restore the surface of the ground to as good condition as the same was in be- fore such structures were erected, including, without limiting the generality of the foregoing, the removal of foundations of such structures, the filling in of all excavations and pits and the removal of all debris and rubbish, all at the Lessee's expense, failing in which the Lessor may perform the work and the Lessee shall reim- burse the Lessor for the cost thereof within thirty (30) days after bill rendered. In the case of the Lessee's failure to remove such structures and other property, the same, at the option of the Lessor, shall upon the expiration of thirty (30) days after the termination of this Lease, become and thereafter remain the property of the Les- sor; and if within one (1) year after the expiration of such thirty-day period the Lessor elects to and does remove, or cause to 7 be removed, said structures and other property from the Premises and the market value thereof or of the material therefrom on remov- al does not equal the cost of such removal plus the cost of restor- ing the surface of the ground as aforesaid, then the Lessee shall reimburse the Lessor for the deficit within thirty (30) days after bill rendered. Successors And Assigns Section 18. Subject to the provisions of Section 4 hereof, this Lease shall be binding upon and inure to the benefit of the parties hereto and their heirs, executors, administrators, successors and assigns. Special Provisions Section 19. IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and year first herein written. Witness: UNION PACIFIC RAILROAD COMPANY ( << �i ' �B rector-Real Estate Witness: THE DAVID J. JOSEPH COMPANY V.cE resident I3176]-A I ,� !mow\ 1° 1 N •i tt \ e I Q,or°t ^\ • /, >° 4,� . C. ,4'�' :r 15 - - - - - \ N j`y ,' �'` y i ,a 1 } y • T. I N. R. 68 W. _ ` i/o �. f 1 f "v�^ :'�t�s Eat• •1��°r �'' . "Ns 1 r .4 D•5 cc•'•' 95.S4 's i� A V. �. � I'Mai~9�•t\��\' zo M -__4 PCC.`IO,on ,•45 .. TIii I. rQ \oQ``•5 ic"f.\ col t d ° t .•`�d`6^•°t S•tee t •`‘ '114.50 \‘‘..A.o 'T" . 0p, `� DA ,r.cs . • . 41 R Y^ v Y. . , e . ,:� y5•� \a�-" - 4. • • _ ••'• rc4-•s Ili r �!. j. .r- \s�.\\ ._ .�. -/ e < J t..D, \ 1•- _)- ✓,a ' 1 - - Sf ' ..�, v. r it \J 1j - ii_. '•''t �Q AREA•223,000 soa i�t , • - c `o 1�. r•' i ! JT - 1Ls & te. r egot71 p V • ��'� f n 4 : p':.��As ti% ONION PACIFIC RAILROAD COMPANY .r r t. Yr,e,3 'a--•--'—f, -t 0'; a s *2-- EAGLE NNE.WELD COUNTY.COLORADO • , 3oas:•- • —. - r } -&- oo OPP.MP.10.I- BOULDER BRANCH .-r- r. F _ - • r 4' •. G LEASE TO DAM J.JOSEPH COMPANY I 1 Sale r a 400' 1Of floe of Director-Red Estate I Omaha Nebraska MAY 10.1985 • t t! It 11 o • �.- LEASE AREA FOR SCRAP STORAGE & r- - : PROCESSBIC SHOWN SHADED .r_•YELLOW - - Weed control ONLY SHOWN SHADED _._...ORANGE I Jig Cs l LPRRCo.R/W Cvtnnea — ... — • e . . t 'S A piece or parcel of land situate in the South. F f (S4) of Section Fifteen (15) 'ownship One (1) N,...th, Range Sixty-eight (88) West of the Sixth T r/•� ,. ' Principal Meridian, described as follows, to-wit: l 1:( ►)1l • i,iF' Beginning at a point that is one hundred (100) ,' : feet distant westerly, measured at right angles, A from a point in the east line of said Section • it Fifteen (15) that is one thousand two hundred el rfifty-five sad fifty-two hundredths (1255.52) feet distant north of the southeast corner • A f thereof, measured along said east tine; thence 1� w_ northerly along a straight line that is-parallel with and one hundred (100) feet distant westerly, measured at right angles, from said east line of Section Fifteen (15) , a distance of one hundred forty and eighteen hundredths (140.18) feet to a point; thence southwesterly along a straight line forming an angle from south to southwest of sixty-three degrees and five minutes (83° 05') with the last described course, a distance of one thousand two hundred sixty-seven and seven- tenths (1287.7) feet to a point; thence south- easterly along a straight line at right angles to the last described course a distance of ten (10) feet to a point; thence southwesterly along a straight line at right angles to the last des- cribed course a distance of six hundred forty (840) feet to a point; thence southwesterly along a straight line forming an angle from southwest to west. of six degrees and twenty-two minutes (8° 22') with the last described course produced, a distance of one thousand two hundred three and eight-tenths (1203.8) feet to a point; thence southeasterly along a straight line at right angles to the last described course, a distance of ninety (90) ' feet to a point that is thirty (30) feet distant • northerly, measured at right angles, from the • south line of said Section Fifteen (15) ; thence easterly along a straight line that is parallel with and thirty (30) feet distant northerly, measured at right angles, from said south line of Section Fifteen (15) , a distance of three hundred and six-tenths (300.8) feet to a point; thence northeasterly along a straight line forming an angle from east to north of twenty-six degrees and thirty-two minutes (26° 32') with said south line of Section Fifteen (15) , a distance of nine hundred thirty-seven and five-tenths (937.5) feet to a point; thence southeasterly along a straight line at right angles to the last des- oribed course a distance of forty-five (45) feet to a point; thence northeasterly along a straight line at right angles to the last described course a distance of six hundred forty -• (840) feet to a point; thence northwesterly ' along a straight line at right angles to the last described course a distance of twenty (20) feet to a point; thence northeasterly along a I straight line at right angles to the last I described course a distance of one thousand two hundred four and two-tenths (1204.2) feet, more or less, to the point of beginning; containing an area of nine and forty-eight hundredths (9.48) acres, more or less. Also, a strip of land one hundred (100) feet in width situate in the Southeast Quarter (SE}) of said Section Fifteen (15), extending southerly and south- westerly from the southwesterly line of the right-of-way of the Boulder Branch of the Union Pacific Railroad Company (which said southwesterly line of right-of-way . is parallel with and two hundred (200) feet distant southwesterly, measured radially, from the center line Isassiamessisairseimisis Rule mu292 of the main track of said Boulder Branch, as now constructed) , to the northwesterly line of the piece or parcel of land hereinabove described, and being fifty (50) feet in width, measured radially, on each side of the following described center line, to-wit: Beginning at a point on the center line of said main track of the Boulder Branch designated as Railroad Survey Station 531.76.1 thereof, • which is a point thereon that is one thousand • two hundred six and nine-tenths (1206.9) feet distant northwesterly from the east line of said Section Fifteen (15) , measured along said center line of main track; thence southeasterly along a line curving to the right that is tangent at its point of beginning to said center line of main track, having .a radius of nine-hundred thirty-nine and seventy-two hundredths (939.72) feet and a central angle of five degrees and forty-four minutes (5° 44' ) a distance of ninety-four and four-tenths (94.4) feet to a point; thence southeasterly along a straight line tangent to the end of the last described curve a distance of five and four- tenths (5.4) feet to a point; thence southerly and southwesterly along a line curving to the right that is tangent at its point of beginning to the last described course, having a radius of one thousand one hundred forty-six and twenty- eight hundredths (1146.28) feet, a distance of one thousand nine hundred twenty-five (1925) feet to a point; thence southwesterly along a straight line tangent to the end of the last described curve a distance of five and four- tenths (5,4) feet to a point; thence south- westerly along a line curving to the right that is tangent at its point of beginning to the last described course, having a radius of nine hundred thirty-nine and seventy-two hundredths (939.72) feet and a central angle of five degrees and forty-four minutes (50 44' ) , a distance of ninety-four and four-tenths (94.4) feet to a point that is one thousand three hundred fifty-four and four-tenths (1354.4) feet distant southwesterly from the east line of said Section r'ifteen (15) , measured along a straight line forming an angle from south to southwest of sixty-three degrees and five minutes (63° 05' ) therewith at a point thereon that is one thousand three hundred ninety and • four-tenths (1390.4) feet distant north of the southeast corner of said Section Fifteen (15) , measured along the east line thereof; containing an area of two and seventy-four hundredths (2.74) acres, more or less. The two (2) pieces or parcels of land hereinabove described c together contain a total area of twelve avrc� twerfy _ two h.+rd red flits /fa.aa) oLcres Prove or l c s A parcel of land situate in the EE of the SE} of Section 15, Township 1 North, Range 68 West of the Sixth 2 Principal Meridian, in Weld County, Colorado, bounded and described as follows : a Commencing at a point that is 100 feet distant t west from the east line of said Section 15, measured i I at right angles thereto from a point thereon that is 1255.52 feet distant north from the southeast corner of said section, measured along said east line; thence southwesterly along a straight line form- , ing an angle of 63' 05' from south to west with a straight line parallel with said east line of Section 15, a distance of 845.8 feet; thence northeasterly along a straight line form- ing an angle of 17' 10' from east to north with the last described line, a distance of 423.51 feet to • the true point of beginning of the parcel of land hereby being described; thence continuing northeasterly along the last described straight line produced, a distance of 417.6 feet, more or less, to a point that is 250 i feet 'distant westerly, measured at right angles, from the east line of said Section 15; 1 thence north along a straight line parallel with said east line of section a distance of 174.02 feet; thence southwesterly along a straight line form- i ing an angle of 45' 55' from south to west with the last described line, a distance of 635.2 feet, more or less, to a point in the easterly line of that cer- taro 100-foot right of way over which an easement I was heretofore conveyed by National Fuel Company to Union Pacific Railroad Company by deed dated March 1, 1939, and recorded in Book 1041, on Page 290 of the records of said Weld County, being the second described strip of land therein; thence southwesterly along the easterly line 4 of said 100-foot right of way, which is a curve to the right having a radius of 1196.28 feet, a dis ii - tance of 192.2 feet, more or less, to a point in the northwesterly line of that certain parcel of land 125 feet wide over which easement was hereto- fore conveyed by National Fuel Company to Union Pa- cific Railroad Company by said deed dated March 1, 1939, being the first described .parcel of land therein; thence northeasterly along 'the northwesterly line of said 125-foot parcel of land heretofore conveyed, a distance of 298.34 feet, more or less, • to the true point of beginning; containing an area of 1.799 acres, more or less; • � . ir:./ a. yt I lat^ �/ - - 15 - --- - . = - - 4- - T. IMR8W � e t ` o, i 04,„. f4 Tr S r tS !*.s:-.414:-; Y. 111111 CI Ig01FlITT cM , / 1.",:‘ ,V WLU,,110% Fpm f-z ' Y _• r."`C A Ho a ego, eve No e ry rt. se 4 tit a `.. J.9y //. a f f,.-_-... ly e Cy t Le r 0 to,.6y effete/ Iy 3.1..34e 43 7 4e \ 2224` 9�e 9 No 6� r.. UNION PACIFIC RAILROAD COMPANY ERIE, COLORADO r Kt+e?•{ k ?. '" + ..�. ^' y C ttde^5 ,4 y r 4r F a-a s•' 4.41 :----'iik `• a 4 � s s #: t3t:4 "s't44- P •µw77,1 7? •yy ,,,,r, :e '' G� ;:r 'it"s"i'' .7, ."it" e < ak? ,tr '7 x'°M 4".. t 3 y Fa r ')A."Ic '' mg, 1 7iL'W,' m § w} t4��' : a z Yi•'ii"n` 9f 1.s wk r v Q;1�4 '' e +'t,07t.?,,-M2 x .t ",4 t a ':'4X lie -.S ',D,' ` 0 1w441.7.. i. , 4 s ix 1" p.. ,"` a X28 cam."y '..",,4,4.141h.4 ` r,> ` ,4 '7 Ar" ... •ar °iYs,�' ,s71.'„,,.t",, aa. '..5;.'s." � fe4 b4r sX`.+,r � a: w ' r 3i v�;•,-,..,...,$))211,54;ti,,, y , y j - .;?,. C '^id y _ "'i` 1`�,*' of t - :&:"),;...4,€ _f 3,,;:4), to-w YAK„ [ & t 1 7)),:1;,;701.1.,." r F " -.04.}}.}•.±. ...-,muas .'M x fr-t ,n( 'i w►.Ml', _ es 1.t a ..S„;;;;;•1;"'? �'�iv ;4x : ; .#'-,' 4's • 32 .m } � °i^{ �"' , '53,4,1i 46Ft'M z,"341'••• `' w to 42'ii "'• _ / * ' N° .^• 4 [21".'.`1 1. 40 ,, 1,5.:„r",,.‘5,*?, _.,.. ,::::‘,,. ' ri'4 �' 1 1 � 4,�:' "' k S 67 , ti`'?^+ 'F 38 1 .LnVy 6 �� .; •(j / .7 ��r� ;.i:____:„.___:____, £ /j 1 i /IC 57 1 _ /'_� _ �r 4 ..nE 1, 1 I n 10 - _ _ a7 !0'l rl.i c 4u Z+ IT \ 2 4 /1 lxi.- 4 67 �e jf �r 66 1 "34.% �f{ r r,r i,� i i 1 61 K 4 f. $ Ws-.'�op? --•i:1 .: Y�. ]i\ii: 56 33 `_ all ; ��.—� w?' • °C " 7w < '"* $ ? E e \ /1"-e . ., .. R� 1at•' r 42 f t 'r} x c: 6r b7 .w'/�`57 i9 *, r/ ~ "I• c 57 79 tr 4 • 17 I• d 4r yov r 83 !toe . .5-75---- ,„/„J:14..x0' r ' - a ';�` �/ ao t i ^ �. 7 •[ y 3 4 C r 83 I s N `o 57 • .?s 794 �. r F a 1., / 6� ii -3g& ,." rW> `" /�, 83 . t ! . E� --4,,,,-Y R,� t/�.-4142 at ' h a 22 ` "-. - 23 \ 79 ro � 1 t `f ' Fx n . ??! 0 73... /.u xt w. . ji,l147C17---- te 674 56 • -, .�r t' ,.Z'e. ? Y __ - + �a .� ,79 .5'67 ----./..... _' a 66 28 SOIL SURVEY 40—Nunn loam, 1 to 3 percent slopes. This is a deep, vegetation should be continued for as many years as well drained soil on terraces at elevations of 4,550 to 5,000 possible following planting. Trees that are best suited and feet. It formed in mixed alluvium. Included in mapping have good survival are Rocky Mountain juniper, eastern are small, long and narrow areas of sand and gravel redcedar, ponderosa pine, Siberian elm, Russian-olive, and deposits and small areas of soils that are subject to occa- hackberry. The shrubs best suited are skunkbush sumac, sional flooding. Some leveled areas are also included. lilac, Siberian peashrub, and American plum. Typically the surface layer of this Nunn soil is grayish Wildlife is an important secondary use of this soil. The brown loam about 12 inches thick. The subsoil is light cropland areas provide favorable habitat for ring-necked brownish gray clay loam about 12 inches thick. The upper pheasant and mourning dove. Many nongame species can part of the substratum is light brownish gray clay loam. be attracted by establishing areas for nesting and escape The lower part to a depth of 60 inches is brown sandy cover. For pheasants, undisturbed nesting cover is essen- loam. tial and should be included in plans for habitat develop- Permeability is moderately slow. Available water ment, especially in areas of intensive agriculture. Range- capacity is high. The effective rooting depth is 60 inches land wildlife, for example, the pronghorn antelope, can be or more. Surface runoff is medium, and the erosion attracted by developing livestock watering facilities, hazard is low. managing livestock grazing, and reseeding where needed. In irrigated areas this soil is suited to all crops corn- This soil has fair to poor potential for urban develop- monly grown in the area, including corn, sugar beets, ment. It has moderate to high shrink swell, low strength, beans, alfalfa, small grain, potatoes, and onions. An exam- and moderately slow permeability. These features create ple of a suitable cropping system is 3 to 4 years of alfalfa problems in dwelling and road construction. Those areas followed by corn, corn for silage, sugar beets, small grain, that have loam or sandy loam in the lower part of the or beans. Generally such characteristics as a high clay substratum are suitable for septic tank absorption fields content or a rapidly permeable substratum slightly and foundations. Some areas of this soil are adjacent to restrict some crops. streams and are subject to occasional flooding. The poten- All methods of irrigation are suitable, but furrow ir- tial is fair for such recreational development as camp and rigation is the most common. Proper irrigation water picnic areas and playgrounds. Capability subclass Ile ir- management is essential. Barnyard manure and commer- rigated, IIIc nonirrigated; Loamy Plains range site. cial fertilizer are needed for top yields. Most nonirrigated areas are used for small grain. The soil is summer fallowed in alternate years. Winter wheat is the principal crop. If the crop is winterkilled, spring wheat can be seeded. Generally precipitation is too low for beneficial use of fertilizer. Such practices as stubble mulch farming, striperopping, and minimum tillage are needed to control soil blowing and water erosion. The potential native vegetation is dominated by blue grama. Several mid grasses, such as western wheatgrass and needleandthread, are also present. Potential produc- tion ranges from 1,600 pounds per acre in favorable years to 1,000 pounds in unfavorable years. As range condition deteriorates, the mid grasses decrease; blue grama, buf- falograss, snakeweed, yucca, and fringed sage increase; and forage production drops. Undesirable weeds and an- nuals invade the site as range condition becomes poorer. Management of vegetation on this soil should be based on taking half and leaving half of the total annual produc- tion. Seeding is desirable if the range is in poor condition. Sideoats grama, little bluestem, western wheatgrass, blue grama, pubescent wheatgrass, and crested wheatgrass are suitable for seeding, The grass selected should meet the seasonal requirements of livestock. It can be seeded into a clean, firm sorghum stubble, or it can be drilled into a firm prepared seedbed. Seeding early in spring has proven most successful. Windbreaks and environmental plantings of trees and shrubs commonly grown in the area are generally well suited to this soil. Cultivation to control competing MEMORAI1DUM if wokTo Gloria Dunn, Planning Department Date R-7-85 COLORADO From Mi 11 i e Turner. Environmental Health Supervisor 1" Subject: U.S.R. - 691 :85:35. , The David_Joseph Co. The David Joseph Co.will not require an air emission permit for their operation. No railroad ties will be at the site, and therefore no provisions need be made to prevent creosote from leaching into the ground water. MT/g1 ,i�� 1219$5 `, WE-86-0004 .i\t)l `ogirw, ,Tg1�N� oF.cot - >)0. cot, c- ; 9O , h i RICHARD D. LAMM , o *, JOHN W. BOLD GOVERNOR ,„„m's MM DIRECTOR 1876 COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES 715 STATE CENTENNIAL BUILDING-1313 SHERMAN STREET DENVER,COLORADO 80203 PHONE(303)866-2611 August 9, 1985 Ms. Gloria V. Dunn Weld County Department of Planning Services 915-10th Street Greeley, Colorado 80631 Dear Ms. Dunn: Re: Eagle Mine Property, Special Review We have reviewed the plat, mine site evaluation by McCarty Engineering and attendant information for the proposed rail and track material sorting facility. It is our understanding that two trailers will be located on the property and no permanent structures will be built. Subsidence of the Eagle Mine (closed 1976) is a possibility at the property. Additionally, it appears that an air shaft (north side of the railroad spur) and the Eagle Mine hoist shaft (south side of the railroad spur) are located in the lease area. These features should be located and isolated from the operation. L— The proposed water well on the property may have to be completed through the mine level and may encounter a significant void. This will require special — drilling and well completion techniques. If these recommendations are followed and the applicant is aware of the potential subsidence hazard, we have no objection to approval of this application. Sincerely, au ��tIALlia E. Turney CU Engineering Geologist ct JET-86-010 r-, r_. ai _ �, D j Vic. 15.,I'J1.W/ � L/ JC; 121985 _-------rte Weld Co. Planning Gemmiss!06 GEOLOGY STORY OF THE PAST...KEY TO THE FUTU RE LAND-USE APPLICATION SUMMARY SHEET Date: August 6, 1985 CASE NUMBER: USR-691:85:35 NAME: The David J. Joseph Company ADDRESS: 300 Pike Street, Cincinnati, Ohio 45201 REQUEST: A Use by Special Review permit for a rail and track material sorting plant LEGAL DESCRIPTION: Part of the 51, Section 15, TIN, R68W ofthe 6th P.M. , Weld County, Colorado LOCATION: Approximately 3 miles east of Erie, north of Weld County Road 8 and west of Interstate 25 SIZE OF PARCEL: 14 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 not yet received recommendations from the Weld County Health Department, the Division of Water Resources, Dacono Fire Protection District, and the Colorado Geological Survey. The Boulder Valley Soil Conservation District, in a letter dated July 17, 1985, expressed concerns for development on the proposed property which is designated as a geologic hazard area. (see attached) The Department of Planning Services has received no objections to this proposal. FIELD CHECK FILING NUMBER: USR-691 DATE OF INSPECTION: NAME: The David J. Joseph Co. REQUEST: Use by Sepcial Review permit for a rail & track material sorting plant LEGAL DESCRIPTION: Pt. S1 of Section 15, T1N, R68W LAND USE: N !C; L ,,t.. ,J 1 ( f( ZONING: N /./7' LOCATION: Approximately 3 miles east of Erie, E north of Weld County Road 8 and west of S I-25 W • COMMENTS: BY;"---Icz� --,-S-- o4 71,_ FIELD CHECK FILING NUMBER: USR-691:85:35 DATE OF INSPECTION: July 25, 1985 NAME: The David J. Joseph Company REQUEST: Use by Special Review permit for a rail and track material sorting plant. LEGAL DESCRIPTION: Pt. 51 of Section 15, TIN, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 3 miles east of Erie, north of Weld County Road 8 and west of Interstate 25. LAND USE: N Farmland E Outdoor storage/salvage operation, Interstate 25 S Weld County Road 8, farmland W Cornfield ZONING: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: Access is to Weld County Road 8, a paved road. Development is proposed to occur surrounding old Union Pacific rail tracks on the site. The west end of the parcel (as shown by the shaded area on the plat vicinity map) is the intended building location for the plant and office. There is one residence located within 1/4 mile of this property; it appears to be associated with the salvage operation to the east.1.By: _4 Gloria . 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' i • f • �E .�3+'x 4'-• y,g sfr,xxx,ry+ `F r, _ >7 r •i j 4. • . »: 4 i. • X0,4 , ssf.. ; r 'arN f .t\ L.: . ....,,,..:,,,..,.;„:„. 17H,‹ �7.qi„,,-,,-÷-„.„-„,,,,,,--,..,,. ,;:.,,• • •,• ;„ •y15 • a { 4 xc �j�Yl nrY J� [ }r ; • .1 r L 51 till ' r P Cy, • 4, ,3 n r '�Sxnr•' X4.°1}..,' . .r r j, ". a S h ♦ +, REFERRAL LIST APPLICANT: The David J. Joseph Company NUMBER: USR-691:85:35 SENT REFERRALS OUT: -AC( REFERRALS TO BE RECEIVED BY: July 26, 1985 NO SR NR NO SR NR County Attorney )( X Longmont Soil Conservation Service X Weld County Health Dept. 9595 Nelson Road Box D Engineering Department Longmont, CO 80501 County Extension Agent X Dacono Fire Protection District Office of Emergency Mngmt c/o Chief Joe W. Fuss P.O. Box 40 X State Engineer Dacono, CO 80514 Division of Water Resources 1313 Sherman St. , Room 818 //�� . /i Denver, CO 80203 K Qo/vFc 2'0(0 ic- Stct ' y /3)3 Ate/ n.a State Highway Department /J 1420 2nd Street WCpor' 713- Greeley, CO 80631 4-en✓eA-- 1002O- _ 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.O. Box 363 Frederick, CO 80530 X Louis Rademacher Weld County Planning Commission 13184 Weld County Road 13 Longmont, CO 80501 NO=No Objection SR=Specific Recommendations NR=No Response Boulder Valley Soil Conservation District 9595 Nelson Road, Box D - Longmont,Colorado 80501 July 17, 1985 Ms. Gloria V. Dunn, Current Planner Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 Re: Case Number USR-691:85:35 - The David J. Joseph Company Dear Ms. Dunn: The site of the David Joseph Company proposed land development is on Nunn clay loam soils with slopes from 1-3 percent. This particular soil type is high in clay content which means that the soil will have a high shrink-swell potential, water movement will be relatively slow, and the water holding capacity will be high. These features may limit certain facilities on this land development. Building foundations will need extra design consideration because of the shrink-swell potential. Steel will also corrode quickly because of the water retention of the profile. Sewage facilities will also need special attention. Septic tank absorption fields will not be feasible because of the slow percolation of the soil. Sewage lagoons also have a few limitations, but they can be overcome with proper design work. Thank you for the opportunity to comment on this land development. If we can be of any further assistance, please feel free to contact us. Sincerely, Jack C. Wheeler President CONSERVATION • DEVELOPMENT - SELF-GOVERNMENT ADVANCE LAND-USE APPLICATION SUMMARY SHEET August 6, 1985 Planning Commission Agenda CASE NUMBER: USR-691:85:35 NAME: The David J. Joseph Company ADDRESS: 300 Pike Street, Cincinnati, OH 45201 REQUEST: Use by Special Review permit for a rail and track material sorting plant. LEGAL DESCRIPTION: Pt. Sk of Section 15, T1N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 3 miles east of Erie, north of Weld County Road 8 and west of Interstate 25. SIZE OF PARCEL: 14 acres DEPARTMENT OF PLANNING SERVICES if �l PHONE(303)356-4000 EXT.440) '} 14° 915 10th STREET GREELEY,COLORADO 80631 fi. 11.4 COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on August 6, 1985 at 1:30 p.m. to review a request for approval of a Use by Special Review permit for a rail and track material sorting plant from The David J. Joseph Company on a parcel of land described as Pt. S' of Section 15, TIN, R68W of the 6th P.M. , Weld County, Colorado, containing 14 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 August 6, 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 Johnstown Breeze To be published one (1) time by July 18, 1985 Received by: Date: MAILING LIST The David Joseph Company USR-691 John T. & Shirley A. Cleland 2474 Weld County Road 7 Erie, CO 80516 Erie Road Joint Venture c/o Robert P. Marx 4285 S. Broadway Englewood, CO 80110 Norman Lovely 6509 E. Milan Avenue Denver, CO 80237 Earl & Ruth S. Arneson 3206 Weld County Road 8 Erie, CO 80516 C MINERAL OWNERS The David Joseph Company USR-691 Union Pacific Land Resource Corp P.O. Box 2500 Broomfield, CO 80020 6 MEMORAn®UM ��'��• To Planning Department Date 7-29-R5 COLORADO From Allen F. Palmqui[ subject. Case Number U.S.R.-691:85:35, The David J. Joseph Co. We have no problems with this proposal, as long as, the following are done: 1. Applicant must apply for and obtain the appropriate Air Emissions permit as required. 2. Septic system must be designed and installed according to the Weld County Individual Sewage Disposal System Regulations. 3. Appropriate measures must be taken to insure that no creosate is allowed to leach into the ground water at the site. niidi �n ��;I -q ' - Weld Co. Planning Commission Vt. MCCARTY ENGINEERING CONSULTANTS, INC. June 26, 1985 Mr. Edgar F. Johnson, Regional Director The David J. Joseph Company 300 Pike Street Cincinnati, OH 45202-4214 Dear Ed : Re: Geologic Hazard Study for Erie, Colorado Property I have completed my inspection of the above referenced property, as requested. This letter report contains my findings of the existing conditions at the property. No subsurface investigations were performed other than research of existing studies in the area. This report is not intended to imply that there is no possibility of ground subsidence in the future, however, the inspection made at this time showed no visible signs of surface subsidence that has occurred recently at any location on the property. The legal description of the property was supplied to us by your company and is attached as Exhibit A. This particular piece of land lies within a severe geologic area, as shown on a map prepared by the Colorado Geological Survey dated May 10, 1978. The Eagle Mine lies directly east of the property. This mine is not listed in the Colorado Inactive Mine Reclamation Plan as having significant environmental or safety problems. However, it is mentioned as being the cause of minor subsidence under I-25 at the Erie exit. Additional data obtained from the Colorado Geological Survey for the Eagle Mine includes the following facts: 1. The depth of cover over the mine at the property site is between 350 feet to 400 feet. 2. The probable thickness of coal extracted beneath the property site is between 5 feet to 10 feet. 3. The mine pillars under the property site have not been removed. 703 THIRD AVENUE • LONGMONT,CO•772-7755/11,1S-4373 80501 Ed Johnson Page 2 June 26, 1985 I obtained additional information regarding subsidence problems from the Union Pacific Railroad and was informed by Barry Truesdell of their Denver office that they have had spotty subsidence problems under their tracks in this area. The subsidence they have experienced has been minor in nature. A visual inspection of the property indicated there has been no subsidence, with the possible exception of a small depression directly south of the old railroad spur. There is the possibility that fill was excavated from this location for building the railroad spur. I did observe an old drainage structure under the railroad tracks which indicates that it has been there for a long period of time. Therefore, this depression, even if it did occur from subsidence, is very old and has not moved for a considerable period of time. The possibility does exist for subsidence to occur at this property sometime in the future. However, due to the nature of the proposed business to be located at this site, the occurrence of subsidence should not pose a serious threat to the operation. This completes my inspection and report. If any permanent structures are ever proposed to be located on this site, additional review will be necessary by a registered professional engineer. If you have arty questions or need additional information, please feel free to call. Respectfully submitted, McCarty Engineering Consultants, Inc.fia ,,,,„,.„,,,,„,„:„..„, Mike Applegate, . E. s. 7?etSTEgF•.ec6,-y MA/ma ~(�ea e cc: File #1628. 1 = 0 15791 z C?r f G etc -~ N.v t Hello