HomeMy WebLinkAbout940235.tiff RESOLUTION
RE: APPROVE ROAD MAINTENANCE AGREEMENT WITH ASPHALT PAVING COMPANY AND
AUTHORIZE CHAIRMAN TO SIGN
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, by Resolution dated January 23, 1991, the Board approved Special
Review Permit #921 for open-pit mining and materials processing and an asphalt
batch plant in the Agricultural Zone District for Asphalt Paving Company, on
property located in the NE* of Section 25, Township 1 North, Range 67 West of the
6th P.M. , and in the NW* of Section 30, Township 1 North, Range 66 West of the
6th P.M. , Weld County, Colorado, known as the Perry Pit, and
WHEREAS, Condition of Approval #4 of said Resolution required the applicant
to submit an off-site road improvements and maintenance agreement to mitigate
impacts generated on Weld County Road 6 by this mining operation, and
WHEREAS, the Board has been presented with a Road Maintenance Agreement
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and Asphalt Paving Company, with further terms and
conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said
agreement, a copy of which is attached hereto and incorporated herein by
reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Road Maintenance Agreement between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld
County, and Asphalt Paving Company be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said agreement.
PL0828
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FLOG
ROAD MAINTENANCE AGREEMENT - ASPHALT PAVING COMPANY
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following� //voote on the 7th day of March, A.D. , 1994.
Cl
h � BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld Coun y Cler o t e oar EXCUSED
W. H. Webste , Chairman
BY: 77k--1
/ J
Deputy ler to the Board ale K. Hal P Te }�
APPROVED AS TO FORM: cs -
eorge i Baxter
Coun ttorney nstance L. Harbert
EXCUSED
Barbara S. Kirkmeyer
940235
Ae .177517
ROAD MAINTENANCE AGREEMENT
THIS AGREEMENT by and between the COUNTY OF WELD, STATE OF COLORADO, hereinafter called
County" and Asphalt Paving Company, hereinafter called "Operator" , is made and entered into
this Th day of , 1994.
WHEREAS, Operator has been issued a Use by Special Review Permit for an open-cut gravel mine
located on a tract of land located in the northeast quarter of Section 25, Township 1 North,
Range 67 West of the 6th P.M. and in the northwest quarter of Section 30, Township 1 North,
Range 66 West of the 6th P.M. , Weld County, Colorado, known as the Perry Pit; and
WHEREAS, the truck access for the pit is located on Weld County Road 6 approximately 3000
feet west of U. S. Highway 85; and
WHEREAS, there will be an increase in truck traffic that could do substantial damage to Road
6 between the truck access and U. S. Highway 85; and
WHEREAS, another Use by Special Review Permit for a sand and gravel mine has been approved
with an access onto Weld County Road 6 approximately 1000 feet west of U. S. Highway 85.
This operation could also cause substantial damage to Weld County Road 6 between its access
and U. S. Highway 85; and
WHEREAS, the damage caused by increased hauling from the Use by Special Review Permit area
can be identified because the damage will occur between the truck access and U. S. Highway
85, and not on other sections of Road 6 in the immediate area.
NOW, THEREFORE, the Operator agrees as follows:
1. The Operator agrees to repair damage to Road 6 between the truck entrance and a
point 1000 feet west of U. S. Highway 85 that is beyond normal wear and tear by
asphalt patching potholes, leveling ruts with asphalt, removing asphalt from
damaged areas and replacing base and asphalt, or other standard asphalt road
repair techniques.
2. The Operator agrees to cost-share the repair of damage of Weld County Road 6
between the access point located 1000 feet west of U. S. Highway 85 and U. S.
Highway 85 that is beyond normal wear and tear or a 50%-50% basis with the other
operator. If mutually agreed to by the County Engineer and the Operator, other
methods of cost-sharing, such as truck trips of periods of operation, may be used.
The cost-share alternative may be reviewed annually by the Board of County
Commissioners.
3. The County will, to the best of its ability within the restrictions of the law,
require future contractors that use the haul routes described in Paragraph 1
above, to participate in Road Maintenance and Improvements Agreements as outlined
herein.
4. Improvements shall be related strictly to impacts from the hauling operation, and
shall not be used to imply capital improvements, including the Weld County Road
6 bridge over the South Platte River, due to increase of users, other than Asphalt
Paving Co. vehicles, on Weld County Road 6.
B 1430 REC 02377517 03/10/94 10 : 26 $0. 00 1/002
F 1911 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
940235
5. Asphalt Paving Company or future contractors are required to share in reasonable
future maintenance and improvements when such maintenance is related to their
hauling impacts.
6. Upon notification by the County, all contractors and the County will examine the
roads and determine a plan for the maintenance and improvements that are required.
7. Upon determining what maintenance and improvements are required, a separate
agreement shall be drawn detailing the work to be done and how the costs are to
be shared.
8. It is anticipated Asphalt Paving Company or future contractors will perform the
work and share in the equipment, labor, and materials required. Any sharing done
between the contractors shall be in separate agreements.
9. If a contractor does not participate as outlined in this Agreement, it will
constitute a violation of the operator's land use permits granted by the County,
the County will take remedial measures, within a reasonable amount of time,
against an operator that does not participate.
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement the day and year
first above written.
ASPHALT PAVING COMPANY BOARD OF WELD COUNTY COIJMISSIONERS
By ByM_
Chairm P O- M eteteh 09/94
Title: ATTEST:
WELD COUNTY yy CLERK TO THE 3OARD
(�
BY: \I1(((fParse/ Yi, llit ..
DE Y CLE TO BOARD
B 1430 REC 02377517 03/10/94 10:26 $0 , 00
F 1912 MARY ANN FEUERSTEIN CLERK & RECORDER WELD Co, CO
2/002 940235
mEmoRAnDum
Clerk to Board March 4, 1994
To Date
Greg Thompson, Current Planner
COLORADO From
USR-921, Asphalt Paving Company - Road Maintenance
Subject: Agree...e..t
Enclosed is a Road Maintenance Agreement for Weld County Road 6 between the truck
access and U.S. 85 for the abovementioned case. Condition of Approval #4 for
this case stipulated an off-site road improvements and maintenance agreement
needs to be obtained by the applicant.
The Weld County Engineering Department and County Attorney's Office has reviewed
the Road Maintenance Agreement and approve of it in its present form. Therefore,
the Department of Planning Services' staff recommends approval of the agreement.
940235
44/1( mEmORAnDUITI
Lee Morrison, Assistant County Attorney February 28, 1994
To Date
Greg Thompson, Current Planner -
COLORADO From CJ
USR-921, Asphalt Paving Company, Road Maintenance Agreement
Subject:
Enclosed is a copy of a proposed road maintenance agreement put forth through the
combined efforts of the Weld County Engineering Department and Asphalt Paving
Company. Please review the material and determine if the proposed agreement
meets the standards of a County Road Maintenance Agreement and is appropriate.
AlY\
940235
4522759 TLE APPLEGATE INC 26: P02 FEE 23 '94 15: 14
71httleApplegate,lnc.
Consultants for Land, Mineral and Water Development
February 23, 1994
Mr. Greg Thompson
Department Planning
Weld County
1400 North 17th Avenue
Greeley, CO 80631
RE: USR-921, Perry Pit, Asphalt Paving Co., Road Maintenance Agreement
Dear Greg:
After speaking with Mr. Drew Sdieltinga of Weld County Public Works concerning the above
mentioned permit, a suggestion was made to draft another paragraph to include in the Road
Maintenance Agreement concerning the use of the term "Improvements".
On behalf of Asphalt Paving we propose that the following paragraph be included in the Road
Maintenance Agreement. We feel this addresses the concerns of Asphalt Paving Co. related to
the term "Improvement".
I::. 4, Improvements shall be related strictly to impacts from the hauling operation, and shall not
be used to imply capital improvements, including the Weld County Road 6 bridge over
the South Platte River, due to increase of users, other than Asphalt Paving Co. vehicles,
on Weld County Road 6.
Please forward this paragraph to Public Works for their review, and let me know what the
response is from them. We would like to have this item heard before the County Commissioners
on February 28, or March 2.
Cordially, I�,j
TUTTLE APPLEGATE, INC. 0 l C 1 -'1120 !.
i jII FEB 2';; 1994
Dl9(inin0
Mike Applegate, P.E.
MA/sjr
cc: File #93-212 940235
Tiff Wallne A
Page 3
RE: Special Review Permit - Asphalt Paving
1. The attached Development Standards for the Special Review Permit
shall be adopted and placed on the Special Review plat prior to
recording the. plat. The plat shall be delivered to the Department
of Planning Services and be ready for recording in the Weld County
Clerk and Record's office within 15 days of approval by the Board of
County Commissioners.
2. The Special Review activity shall not occur nor shall any building
or electrical permits be issued on the property until the Special
Review plat is ready to be recorded in the office of the Weld County
Clerk and Recorder.
3. Prior to recording the Special Review Permit plat:
a. the following note shall be placed on the plat:
"The Mined Land Reclamation Board has the authority to issue
permits for mining and reclamation activities. Activities
related to mining and reclamation are, therefore, under the
jurisdiction of the Mined Land Reclamation Board. However,
Weld County has jurisdiction of those matters outlined in the
Development Standards. "
b. the plat shall be amended to show:
1. a total 40 foot right-of-way reservation south of the
centerline of Weld County Road 6.
4. An off-site road improvements and maintenance agreement proposed by
the applicant shall be submitted to the Department of Planning
Services. The agreement shall mitigate impacts generated on Weld
County Road 6 by this mining operation. The agreement shall include
the type of road improvements, means of financing, and time frame
for construction;
5. A plan for monitoring wells to address water quality and quantity
issues shall be submitted to the Department of Planning Services and
will be reviewed by the Weld County Health Department;
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940235
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