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Home My WebLink About920659.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR AN OPEN-CUT GRAVEL MINING OPERATION IN THE A (AGRICULTURAL) ZONE DISTRICT - COTTONWOOD WATER SKI CLUB, LTD. 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 22nd day of July, 1992, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Cottonwood Water Ski Club, Ltd. , c/o Norman Speak, 3382 Vivian Drive, Wheatridge, Colorado 80033, for a Site Specific Development Plan and Special Review Permit for an open-cut gravel mining operation in the A (Agricultural) Zone District on the following described real estate, to-wit: Part of the NW** SE* and SW* SEp, Section 30, Township 1 North, Range 66 West of the 6th P.M. , Weld County, Colorado WHEREAS, said applicant was represented by Steve O'Brian, consultant, and WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards for review of said Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that 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. This proposal is consistent with the Weld County Comprehensive Plan's Mineral Resources Goals and Policies; Urban Growth Boundary Area Goals and Policies, and the Transportation Goals and Policies. The Comprehensive Plan encourages the extraction of mineral resources when the mining plan promotes reasonable and orderly development of the mineral resources. The Comprehensive Plan also encourages land-use development proposals within an urban growth boundary as long as they conform to the desires of the local land-use decision making body. The City of Brighton Planning and Development Department recommended approval of this request. Conditions of Approval and Development Standards will ensure that these goals and policies are met. PL0873 920659 PL.° ors IJL7 RPP ro,/Y54-( c SPECIAL REVIEW PERMIT - COTTONWOOD WATER SKI CLUB, LTD. (MINING OPERATION) PAGE 2 b. The proposal is consistent with the intent of the A (Agricultural) Zone District and is provided for as a use by special review. Conditions of Approval and Development Standards will ensure compatibility with the existing surrounding land uses which include agricultural production, an equipment repair facility and Highway 85. The use will be compatible with future development of the surrounding area as permitted by the I-3 (Industrial) and A (Agricultural) Zone Districts. No objections have been received from surrounding property owners. c. No overlay districts affect the site. d. Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Site Specific Development Plan and Special Review Permit for an open-cut gravel mining operation in the A (Agricultural) Zone District on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 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 Recorder'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: i. "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. Evidence shall be submitted to the Department of Planning Services that a dust control plan has been approved by the Weld County Health Department. 920659 SPECIAL REVIEW PERMIT - COTTONWOOD WATER SKI CLUB, LTD. (MINING OPERATION) PAGE 3 c. Evidence shall be submitted to the Department of Planning Services that a well permit or other legal water supply is available for the mining operation. d. The plat for Change of Zone #473 shall be recorded. 4. A bathroom with adequate toilet facilities approved by the Weld County Health Department shall be installed on-site by May 1, 1993. A minimum of two portable toilet facilities shall be installed on- site for use until adequate toilet facilities are installed; however, in no event shall adequate toilet facilities be installed later than May 1, 1993. 5. By May 1, 1993, the applicant shall provide evidence to the Department of Planning Services staff that a substitute supply plan has been approved by the Office of the State Engineer, Division of Water Resource, and the required well permit has been issued. The May 1, 1993 deadline may be changed by the Board of County Commissioners upon the applicant demonstrating that they have proceeded, in good faith, to obtain said permit. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of July, A.D. , 1992. �Ma% BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk to t e Board �-'��J 7eKenneairman BY: �� S�' / _4_46.Deputy Clerk o the Board Constance L. Harbert, Pro-Tem APPROVED AS 0 FORM: C. . Kirb ti C-x.--171.%i�si County Attorney Gord . W. H. ebster 920659 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS USR-968 COTTONWOOD WATER SKI CLUB, LTD. 1. The Site Specific Development Plan and Special Review Permit is for an open-cut gravel mining operation in the A (Agricultural) Zone District as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. The haul route shall be U.S. Highway 85 Frontage Road to Weld County Road 4, then west to U.S. Highway 85. 4. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 5. Any required Emissions Permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health, for fugitive dust and odors. 6. No permanent disposal of wastes shall be permitted at this site. 7. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 8. Fugitive dust shall be controlled on this site. 9. The maximum permissible noise level shall not exceed the Industrial limit of 80 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 10. Any required NPDES Permit shall be obtained and/or amended from the Water Quality Control Division of the Colorado Department of Health, if appropriate for the operation. 11. The applicant shall remove, handle, and stockpile overburden soil, sand and, gravel from the facility area in a manner that will prevent nuisance conditions. 12. The property owner or operator shall be responsible for complying with the operation policies of Section 44.4 of the Weld County Zoning Ordinance. 13. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 920659 DEVELOPMENT STANDARDS - COTTONWOOD WATER SKI CLUB, LTD. (MINING OPERATION) PAGE 2 14. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 15. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 16. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 17. The Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 18. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 920659 HEARING CERTIFICATION DOCKET NO. 92-36 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR AN OPEN- CUT GRAVEL MINING OPERATION IN THE A (AGRICULTURAL) ZONE DISTRICT - COTTONWOOD WATER SKI CLUB, LTD. A public hearing was conducted on July 22, 1992, at 10:00 A.M. , with the following present: Commissioner George Kennedy, Chairman Commissioner Constance L. Harbert, Pro-Tem Commissioner C. W. Kirby Commissioner Gordon E. Lacy Commissioner W. H. Webster Also present: Acting Clerk to the Board, Shelly Miller Assistant County Attorney, Lee Morrison Planning Department representative, Keith Schuett The following business was transacted: I hereby certify that pursuant to a notice dated June 8, 1992, and duly published July 9, 1992, in the Windsor Beacon, a public hearing was conducted to consider the request of Cottonwood Water Ski Club, Ltd. , for a Site Specific Development Plan and Special Review Permit for an open-cut gravel mining operation in the A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this a matter of record. Keith Schuett, Planning Department representative, entered the favorable recommendation of the Planning Commission into the record. Mr. Schuett explained that since the zoning has been changed back to A (Agricultural) , the applicant had to reapply for a special review permit even though the mine is already existing and has been for some time. He confirmed for Commissioner Kirby that there is no substantial change in use. Commissioner Kirby moved to approve the request of Cottonwood Water Ski Club, Ltd. , for a Site Specific Development Plan and Special Review Permit for an open-cut gravel mining operation in the A (Agricultural) Zone District, based on the recommendations of the Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards as entered into the record. The motion was seconded by Commissioner Webster. There was no public testimony offered concerning this matter. Steve O'Brian, consultant, represented the applicant and stated concerns with Condition of Approval #4, regarding the installation of adequate toilet facilities within 30 days of approval by the Board. He said they would like to install a vault system in a permanent location; however, the proposed location is still being mined. He requested the 30 days be extended to May 1, 1993. If they are not able to complete the mining by that time, it will be placed wherever required. Mr. O'Brian said, concerning Condition of Approval #5, they have been working with the State Engineer's Office since 1990, and they still have not received an approved substitute supply plan. Thus, he said the 90 days are probably not sufficient. Mr. Morrison said he concurs the process could be lengthy, and as long as the applicant continues to proceed in good faith to obtain said plan, there should be no problem. Mr. O'Brian said the toilet facility is self-contained, rather than requiring running water, and there is a satellite on site now for construction. Mr. Schuett questioned whether there was a facility for public use. Commissioner Lacy said he assumed most of the RV's would have a private facility; however, he recommended having two portable facilities installed between now and 920659 e.2 " CL RE: HEARING CERTIFICATION - COTTONWOOD WATER SKI CLUB, LTD. (USR - MINE) PAGE 2 May 1, 1993. Mr. O'Brian said that would not be a problem. In response to a question from Commissioner Harbert, Mr. O'Brian said the skiing usually runs through mid-October. He said the mining is primarily in the spring, but it runs off and on throughout the year. Chairman Kennedy questioned whether Conditions of Approval #4 and #5, with an extended date of May 1, 1993, were acceptable to Commissioners Kirby and Webster. They confirmed they were acceptable, and it was determined the May 1, 1993 date would be extended for the water supply plan if needed, as long as the applicant was proceeding in good faith. Commissioner Lacy said the portable facilities also needed to be a requirement. The motion, as amended, carried unanimously. This Certification was approved on the 27th day of July, 1992. /� APPROVED: ✓(QED ATTEST:I� � ® �' MA BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk to the Board idetf4144C-4.---an-tscat- By: c Geo a Ken dy, Chairman Deputy Clerk t "t a Board — � (≥2nS ..n _/Al e !� Constance L. Harb rt�m TAPE #92-24 C. J. Kir DOCKET #92-36 Gor Lalc�///A PL0873 ,��U / j / fraiirr W. H. Webste 920659 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 22ND DAY OF JULY 1992: DOCKET It 92--40 - SUBSTANTIAL CHANGE HEARING: HEIN, RICHARD DOCKET 0 91-50 - SHOW CAUSE HEARING: MCDONALD, JAMES DOCKET 11 92-•35 - CHANGE OF ZONE HEARING: COTTONWOOD WATER SKI CLUB, LTD. DOCKET II 92-36 & 92-37 - TWO SPECIAL REVIEW PERMITS: COTTONWOOD WATER SKI CLUB, LTD. PLEASE write or print your name legibly, your address and the DOCKET U (as listed above) or the name of the applicant of the hearing you are attending. NAME ADDRESS HEARING ATTENDING ? , (% ,,,A.. 1 �� f / t 1140 ,L, ��/e� ., i,c. - At? uy&AT Rib �= I — 7 IWW,l/'v' ,&c ,t/ i t-S" cock 1/3ao Jif�.t yi-z q2 -- yo 1I1 rfnV\CJt L.� \ci.. :�i_� ( L )CIC 1 ) l./CY1f�1'w;ti7 11 ' !) C t� e:io /�-� �r)11.1 C.//� I/ ki 61 ,. 6L7 e -7a.•,,I . Ito 4,11 .-)ten: WC I! A / 1 r ? i- .- n ryct, 1(mho --gyA Lucy \\ (11 - sE2. r ; "X.? . Aci igi iii/rya 2. 91 o- �r. - A - / / '?t-x' / l/U..r }7../c i c 7 :'c9 Lei icJe (_ )/ — . C-) L . %ter - /') >2 `9 / 1.Jt- '/4 4-?/- 240 v' NOTICE The Board of County Commissioners of Weld County, Colorado, on July 22, 1992, conditionally approved a Site Specific Development Plan and Special Review Permit for the property and purpose described below. Conditional approval of this plan creates a vested property right pursuant to Article 68 of Title 24, C.R.S. , as amended, for a period of three years. APPLICANT: Cottonwood Water Ski Club, Ltd. Z Norman Speak 3382 Vivian Drive Wheatridge, Colorado 80033 LEGAL DESCRIPTION: Part of the NW* SE* and SW** SE; of Section 30, Township 1 North, Range 66 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: An open-cut gravel mining operation in the A (Agricultural) Zone District SIZE OF PARCEL: 36.63 acres, more or less Failure to abide by the terms and conditions of approval will result in a forfeiture of the vested property right. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN CLERK TO THE BOARD , BY: in C � fXL%(/ n Off A Deputy Cl4k to the Board PUBLISHED: July 30, 1992, in the Windsor Beacon AFFIDAVIT OF PUBLICATION STATE OF COLORADO ss COUNTY OF WELD I, KEITH HANSEN, of said County of Weld, being duly sworn,say that I am publisher of WINDSOR BEACON TM Soar el Carney CommNelscea et Weld a weekly newspaper having a general circulation in said County.Colorado.on July 22, toot, conditionally County and State, published in the town of WINDSOR, approved slits specific in said County and State; and that the notice, of which Development Plan and !Veda'Review Perms for the annexed is a true copy, has been published in said the property and purpose weekly for/ successive weeks, that the notice thSeabed paler,Conditional appmvalo fhb Pion cleMee was published in the regular and entire issue of every a vested properly punuratoAmdewdTkr number of the paper during the period and time of pa,C.R.S.,as waded.for publication, and in the newspaper proper and not in a a period d these yero. supplement, and that the first publication of said notice APPLICANT:CONonwood was in said paper bearing the date of the Water Ski Club Ltd..do Norman Speak 3282 Wen Dna,NUS,Ape.Colorado 30 day of ` 'tc I y , A.D., 199— and 88033 the last publication bearing the date of the LEGAL DESCRIPTION:Pan of the NW 1M SE SH and day of , A.D., 19 and SW 1/4 SE 1/4 of Section so, Township / North, that the said WINDSOR BEACON has been published Rings 66 Weal of the 8th continuously and uninterruptedly for the period of 5 C Weld County,Colorado consecutive weeks, in said County and State, prior to the TYPE AND INTENSITY OF date of first publication of said notice, and the same is a APPROVED USE: An oq* newspaper within the meaning of an Act to regulate cultural erring operate printing of legal notices and vertisements, approved In lie A map Zone May 18, 1931,and all prior r as in force. an OF PARCEL: MG • a an•more a Is Fa ore to abide W iM tenor and conditions of wprovnl ISHER wit aaarrt +bi Srveer nwerr• Subscribed nd sworn to before me this day BOARD 01 O0IRITY of /1-za.7 east- 19 12COMIROMOMORN.MAD >1,, Coen V.COLORADO \ J l I ktft\ Z-✓ By:Dandd a Warden,Clark NOTARY PUBLIC tote Dad RA NS IC.MS, Dspap My commission expires q-"-lct—a . chew i alle Ili • • tar a. „sip's 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 Site Specific Development Plan and Special Review Permit are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office 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. DOCKET NO: 92-36 APPLICANT Cottonwood Water Ski Club, Ltd. Z Norman Speak 3382 Vivian Drive Wheatridge, Colorado 80033 DATE: July 22, 1992 TIME: 10:00 a.m. REQUEST: A Site Specific Development Plan and Special Review Permit for an open-cut gravel mining operation in the A (Agricultural) Zone District. LEGAL DESCRIPTION: Part of the NW} SE} and SW; SE; of Section 30, Township 1 North, Range 66 West of the 6th P.M. , Weld County, Colorado LOCATION: North of Weld County Road 4, east of and adjacent to Highway 85 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Betty Henson Deputy Clerk to the Board DATED: June 8, 1992 PUBLISHED: July 9, 1992 in the Windsor Beacon -,X Hi617 F Tenn Past MMe��tl�nt.. el to WlaeaaWWaa ear es the Weld Gee lain Odra hold will In 'I el the Beare M County AFFIDAVIT OF PUBLICATION Commissioners el Weld County.Caere.Weld County Csnarella Center, STATE OF COLORADO sae IWu Wreak Frst Oselleell: ss Wraeilf` COUNTY OF WELD aft ODea-Wateae.,0561 arO I, KEITH HANSEN, of said County of Weld, being duly Specie Revises Perna an sworn,say that I am publisher of requested to attend and may to hese. WINDSOR BEACON ShorSheminthe a ant or any inWwld party desks the presence dame Monet a weekly newspaper having a general circulation in said to make a record of the proceedings.In dekko to County and State, published in the town of WINDSOR, to INNS Tread*Eh w in said County and State; and that the notice, of which be kept eudnp the hewing. the Clerk to the Board's the annexed is a true copy, has been published in said Office shill be advised in weekly for / successive weeks, that the notice writing of such action at toast five days odor to the was published in the regular and entire issue of every hearing. The cost of number of the paper during the period and time of engaging a curt reporter shall be borne by the publication, and in the newspaper proper and not in a 1eq"s°oq pony. supplement, and that the first publication of said notice BE IT ALSO KNOWN that was in said paper bearing the date of the the tail and maps so oorBlod by he%WM Camay Planning Con felon nay day of J u� , A.D., 19 fr and be eawawd in as once of the last publication bearing'the date of the the Clerk to the Board of County Commissioners. locate In the Weld County day of A.D., 19_ and Street.Third Flom Greerry that the said WINDSOR BEACON has been published Cokaado. continuously and uninterruptedly for the period of 5 DOCKET NO:DM consecutive weeks,in said County and State,prior to the date of first publication of said notice, and the same is a DATE:Juyg2 se newspaper within the meaning of an Act to regulate TIME:10di0Am printing of legal notices and advertisements, approved APPLICANT May 18, 1931,and all prior a so far as in force. Cottonwood Marled Ckb. Lld.%Romereal x Co Ddw,Whwrldge. lblorpe, Wado 80039 REQUEST:A SW Specific LISHER Development Plan and Special Review Permit for an open-lea gravel mining Subscri d and sworn to before me this day operation in the A of . L.S 19_ (Agrkvheall Zan District. ',—> LEGAL DESCRIPTION: e s O'TU,(.l-CJc J/ Pan of the NW 1/4 SE 1/4 and SW 1/4 SE 1/4 of NOTARY PUBLIC Section 30, Township 1 North.Range M West of the Mb P.M..Wald County, My commission expires Colorado LOCATION: Naar of Weld Canty Road 4,at tat and adjacent ea sglasy 96 BOARD OF COUNTY • COMMISSIONOIB WELD COUNTY. • COLORADO BY:DONALD D.WARDEN WELD COUNTY CLERK TO THE BOARD • BV:Betty Henson Deputy Clark to the Board DATED: Jun0./W2 PUBLISHED: All S.I W2 In the Windsor wean �0 t 0 , CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket #92-36, was placed in the United States mail, postage prepaid, addressed to the following property owners. DATED this 1st day of July, 1992. Deputy Clerk the Board C & M Ready Mix Concrete Company P. 0. Box 490 Niwot, CO 80544-0490 Carrol D. Godey and Ivan and Craig Collins 37632 Weld County Road 37 Eaton, CO 80615 Steve and Caroline M. Brancucci 8120 East 104th Avenue Henderson, CO 80640 Ralph and Maxine Brenning 1212 Grant Street Longmont, CO 80501 Christian E. Hansen Sr. P. 0. Box 869 Bonita, CA 91908-0869 Foster-Reed 12739 County Road 4 Brighton, CO 80601-9301 Eilfred E. and Ruth Luft Box 122 Brighton, CO 80601 Joseph A. and Marilyn K. Case 16100 Bromley Lane Brighton, CO 80601 Single Eagle Company 9270 E. 136th Avenue Brighton, CO 80601 Jim's H2O Service, Inc. P. 0. Drawer 2296 Gillette, WY 82176 e� 4,- n •- Oil Well Perforators, Inc. 7775 S. Pioria Street Box F-2 Englewood, CO 80112 Tony, David and Tod Finley 12750 Weld County Road 14 Brighton, CO 80601 Cottonwood Water Ski Club, Ltd. % Norman Speak 3382 Vivian Drive Wheatridge, CO 80033 Steve O'Brien Cottonwood Water Ski Club, Ltd. 3382 Vivian Drive Wheatridge, CO 80033 ri—nr`ra MINUTES OF THE WELD COUNTY PLANNING COMMISSION MEETING June 2, 1992 Page 3 CASE NUMBER: USR-968 NAME: Cottonwood Water Ski Club, Ltd. , c/o Norman Speak ADDRESS: 3382 Vivian Drive, Wheatridge, CO 80033. REQUEST: A Site Specific Development Plan and a Special Review permit for an open-cut gravel mining operation in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the NW4 SE4 and SW4 SE4 of Section 30, T1N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: North of Weld County Road 4, east of and adjacent to Highway 85. Steve O'Brien, consultant/representative, Cottonwood Water Ski Club, Inc. , explained the gravel mining operation is a sand and small rock screening and wash operation. They hope to be through mining within 3 to 5 years. Jean Hoffman again expressed concern about the number of gravel mining operations and the height of the stockpiling throughout Weld County. The Chairman asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Richard Kimmel moved Case Number USR-968, with the Conditions of Approval and Development Standards, be forwarded to the Board of County Commissioners with the Planning Commissions' recommendation for approval. Don Feldhaus seconded the motion. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Jean Hoffman - yes; Tom Rulon - yes; Don Feldhaus - yes; Shirley Camenisch - yes; Bud Clemons - yes. Motion carried unanimously. CASE NUMBER: SR-969 NAME: Cottonwoo Water Ski Club, Ltd. ADDRESS: 3382 Vi n Drive, Wheat "dge, CO 80033 REQUEST: A Site Spec' is Develo ent Plan and a Special Review permit for a recreational er i facility with overnight camping in the A (Agricultural) zo district. LEGAL DESCRIPTION: Par of NW4 SE4 and SW4 SE4 of Section 30, T1N, R66W o the 6th , Weld County, Colorado. LOCATION: North of We d County Road 4, ast of and adjacent to Highway 85. r-n^y� BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS P.15 Moved by Richard Kimmel that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by theCWef4 County Planning Commission that the application for: TO CASE NUMBER: USR-968 NAME: Cottonwood Water Ski Club, Ltd. , c/o Norman Speak ADDRESS: 3382 Vivian Drive, Wheatridge, CO 80033. REQUEST: A Site Specific Development Plan and a Special Review permit for an open-cut gravel mining operation in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the NW4 SE4 and SW4 SE4 of Section 30, T1N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: North of Weld County Road 4, east of and adjacent to Highway 85. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section(s) 44.1, 44.2, and 44.3 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: This proposal is consistent with the Weld County Comprehensive Plan' s Mineral Resources Goals and Policies, Urban Growth Boundary Area Goals and Policies, and the Transportation Goals and Policies. The Comprehensive Plan encourages the extraction of mineral resources when the mining plan promotes reasonable and orderly development of the mineral resources. The Comprehensive Plan also encourages land-use development proposals within an urban growth boundary as long as they conform to the desires of the local land-use decision making body. The City of Brighton Planning and Development Department recommended approval of this request. Conditions of Approval and Development Standards will ensure that these goals and policies are met. (n r`nr..-.r� RESOLUTION, USR-968 Cottonwood Water Ski Club, Ltd. , c/o Norman Speak Page 2 The proposal is consistent with the intent of the A (Agricultural) zone district and is provided for as a Use by Special Review. Conditions of Approval and Development Standards will ensure compatibility with the existing surrounding land uses which include agricultural production, an equipment repair facility and Highway 85. The use will be compatible with the future development of the surrounding area as permitted by the I-3 (Industrial) and A (Agricultural) zone districts. No objections have been received from surrounding property owners. No overlay districts affect the site. Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 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 Recorder'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: 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. " 920659 RESOLUTION, USR-968 Cottonwood Water Ski Club, Ltd. , c/o Norman Speak Page 3 evidence shall be submitted to the Department of Planning Services that a dust control plan has been approved by the Weld County Health Department; Evidence shall be submitted to the Department of Planning Services that a well permit or other legal water supply is available for the mining operation. the plat for Change of Zone case #Z-473 shall be recorded. 4. A bathroom with adequate toilet facilities approved by the Weld County Health Department shall be installed on-site within 30 days of approval by the Board of County Commissioners. 5. Within 90 days of approval by the Board of County Commissioners the applicant shall provide evidence to the Department of Planning Services staff that a substitute supply plan has been approved by the Office of the State Engineer, Division of Water Resource, and the required well permit has been issued. Motion seconded by Don Feldhaus. VOTE: For Passage Against Passage Richard Kimmel Jean Hoffman Tom Rulon Don Feldhaus Shirley Camenisch Bud Clemons The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Sharyn Ruff, Recording Secretary for 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 June 2, 1992. Dated the 4 ne, 1992. Sharyn F. Ruff Secretary 920659 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Cottonwood Water Ski Club, Ltd. USR-968 1. The Site Specific Development Plan and the Special Review permit is for an open-cut gravel mining operation in the A (Agricultural) zone district as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. The haul route shall be U.S. Highway 85 Frontage Road to Weld County Road 4 then west to U.S. Highway 85. 4. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 5. Any required Emissions Permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health, for fugitive dust and odors. 6. No permanent disposal of wastes shall be permitted at this site. 7. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 8. Fugitive dust shall be controlled on this site. 9. The maximum permissible noise level shall not exceed the Industrial limit of 80 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 10. Any required NPDES Permit shall be obtained and/or amended from the Water Quality Control Division of the Colorado Department of Health, if appropriate for the operation. 11. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel, from the facility area in a manner that will prevent nuisance conditions. 12. The property owner or operator shall be responsible for complying with the operation policies of Section 44.4 of the Weld County Zoning Ordinance. 920659 DEVELOPMENT STANDARDS, USR-968 Cottonwood Water Ski Club, Ltd. , c/o Norman Speak Page 2 13. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 14. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 15. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 16. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 17. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 18. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 920659 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: Cottonwood Water Ski Club, Ltd. Case Number: USR-968 Submitted or Prepared Prior to Hearing At Hearing 1. Application 38 Pages X 2. 1 Application plat 1 page X 3. DPS Referral Summary Sheet X 4. DPS Recommendation X 5. DPS Surrounding Property Owner's Mailing List X 6. DPS Mineral Owner's Mailing List X 7. 3 DPS Maps Prepared by Planning Technician X 8. DPS Notice of Hearing X 9. DPS Case File Summary Sheet X 10. DPS Field Check X 11. May 21, 1992, letter, Jim Sayre, City of Brighton X 12. May 18, 1992, referral response, Mr. Van Sickle, State Oil and Gas Conservation Commission X 13. May 19, 1992, memo, Drew Scheltinga, Weld County Engineering X 14. May 5, 1992, letter, Evan Hooper, State Highway Department X 15. May 7, 1992, referral response, Larry Abston, Panhandle Eastern Pipeline Co. X 16. May 12, 1992, letter, Oscar Haake, West Adams Soil Conservation District X 17. May 12, 1992, referral response, Brighton Fire Protection District X 18. May 11, 1992, memo, John Pickle, Weld County Health Department X 19. May 16, 1992, referral response, Larry Rogstad, Colorado Division of Wildlife X 20. May 22, 1992, letter, Evan Hooper, State Highway Department X 520659 Z INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Cottonwood Water Ski Club, Ltd. USR-968 Page 2 21. May 28, 1992, letter, Forrest Leaf, Central Colorado Water Conservation District X 22. May 20, 1992, letter, John Schurer, Colorado Division of Water Resources X I hereby certify that the 22 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office on June 5, 1992. t anne STATE OF COLORADO ) COUNTY OF WELD SVBSCPIBED AND SWORN TO BEFORE ME THIS day of 0—A 199 SEAL C942—cpi • • OC/ft NOT Y PUBLIC • My €lomBbs•-ssion Expires My Commission expires November 21,1995 920659 iXHIIBITINVENTORY CONTROL SHEET' - l-<7'�1 u In-c4 -cy-c4 .� „St-L, Case �'�� y,,,�/ i�l�rwne Exhibit Submitted By Exhibit Description L'I ff.2\ A. l�'VW�.Nk n M,9 L:t r,2 . ' ‘- , P -TO A?CriA t- ,..` . J_ p c. B B. /' Xt .� I J cra,-r� t�Q� A,� n /hw.��.�Y g f AILLti/- �o 10�I /� S�n � q� � Co/5I j;� C. � 4-0 � "� � � s wa � yl L'J 5 ) 59‘ D. c)..0d7-rvvw4a-E j. lJ"�-"'C4✓VYv '4"�" 'v� b02/k—i.. 4�.tr vet__ if L-c.(cyvfrir � c" E. 14, V�X{Lrvrwv e l�S7vv t vt a v Le v d�! 7 ry "fey a -Ovu-i, _— (1315:), F. l l n- Xt to 2,..x_k_ G. H. I. J. K. L. M. N. 0. P. Q. R. S. T. U. V. W. X. Y. z. 520659 Date: June 2, 1992 CASE NUMBER: USR-968 NAME: Cottonwood Water Ski Club, Ltd. , c/o Norman Speak ADDRESS: 3382 Vivian Drive, Wheatridge, CO 80033. REQUEST: A Site Specific Development Plan and a Special Review permit for an open-cut gravel mining operation in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the NW4 SE4 and SW4 SE4 of Section 30, TIN, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: North of Weld County Road 4, east of and adjacent to Highway 85. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section(s) 44.1, 44.2, and 44.3 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: This proposal is consistent with the Weld County Comprehensive Plan's Mineral Resources Goals and Policies, Urban Growth Boundary Area Goals and Policies, and the Transportation Goals and Policies. The Comprehensive Plan encourages the extraction of mineral resources when the mining plan promotes reasonable and orderly development of the mineral resources. The Comprehensive Plan also encourages land-use development proposals within an urban growth boundary as long as they conform to the desires of the local land-use decision making body. The City of Brighton Planning and Development Department recommended approval of this request. Conditions of Approval and Development Standards will ensure that these goals and policies are met. The proposal is consistent with the intent of the A (Agricultural) zone district and is provided for as a Use by Special Review. Conditions of Approval and Development Standards will ensure compatibility with the existing surrounding land uses which include agricultural production, an equipment repair facility and Highway 85. The use will be compatible with the future development of the surrounding area as permitted by the I-3 (Industrial) and A (Agricultural) zone districts. No objections have been received from surrounding property owners. 5206.59 RECOMMENDATION, USR-968 Cottonwood Water Ski Club, Ltd. , c/o Norman Speak Page 2 - No overlay districts affect the site. - Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 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 Recorder'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: 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. " evidence shall be submitted to the Department of Planning Services that a dust control plan has been approved by the Weld County Health Department; Evidence shall be submitted to the Department of Planning Services that a well permit or other legal water supply is available for the mining operation. the plat for Change of Zone case #Z-473 shall be recorded. 4. A bathroom with adequate toilet facilities approved by the Weld County Health Department shall be installed on-site within 30 days of approval by the Board of County Commissioners. 520659 RECOMMENATION, USR-968 Cottonwood Water Ski Club, Ltd. , c/o Norman Speak Page 3 5. Within 90 days of approval by the Board of County Commissioners the applicant shall provide evidence to the Department of Planning Services staff that a substitute supply plan has been approved by the Office of the State Engineer, Division of Water Resource, and the required well permit has been issued. 920659 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Cottonwood Water Ski Club, Ltd. USR-968 1. The Site Specific Development Plan and the Special Review permit is for an open-cut gravel mining operation in the A (Agricultural) zone district as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. The haul route shall be U.S. Highway 85 Frontage Road to Weld County Road 4 then west to U.S. Highway 85. 4. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 5. Any required Emissions Permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health, for fugitive dust and odors. 6. No permanent disposal of wastes shall be permitted at this site. 7. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 8. Fugitive dust shall be controlled on this site. 9. The maximum permissible noise level shall not exceed the Industrial limit of 80 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 10. Any required NPDES Permit shall be obtained and/or amended from the Water Quality Control Division of the Colorado Department of Health, if appropriate for the operation. 11. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel, from the facility area in a manner that will prevent nuisance conditions. 12. The property owner or operator shall be responsible for complying with the operation policies of Section 44.4 of the Weld County Zoning Ordinance. 920659 DEVELOPMENT STANDARDS, USR-968 Cottonwood Water Ski Club, Ltd. , c/o Norman Speak Page 2 13. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 14. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 15. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 16. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 17. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 18. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 5 659 LAND-USE APPLICATION SUMMARY SHEET Date: May 26, 1992 CASE NUMBER: USR-968 NAME: Cottonwood Water Ski Club, Ltd. , c/o Norman Speak ADDRESS: 3382 Vivian Dr. Wheatridge, CO 80033 REQUEST: A Site Specific Development Plan and a Special Review permit for an open cut gravel mining operation. LEGAL DESCRIPTION: Part of the NW4 SE4 and SW4 SE4 of Section 30, T1N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: North of Weld County Road 4, east of and adjacent to Highway 85. SIZE OF PARCEL: 36.63 acres, more or less. PLANNING COMMISSION FUNCTION: To make a recommendation to the Board of County Commissioners consistent with the criteria listed in sections 24.3 and 44 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received recommendations from the following referral entities. 1. Weld County Health Department 2. Weld County Engineering Department 3. State Highway Department 4. Colorado Oil and Gas Conservation Commission 5. Brighton Fire Protection District 6. Panhandel Eastern Pipeline Co. 7. West Adams Soil Conservation District 8. City of Brighton 9. Division of Wildlife No objections have been received by Department of Planning Services' staff from surrounding property owners. 520659 - H' L . .. �.. a . {-17/ / • rv�G•t a� -. ) 30 I h• ._• x. • ® n 2' �. 1 z�.•.• j�54f. . ? yam , x, jp� z,• , i -\ ,• ; In oiF° • H. Gloi i� I • / // , •! •! I f 1 • ••• •\/(/�//�'f! 32 5= 5. . v • ]I !. D'. ! S.fF s> >. I , .301'C/ +� I , ._ .° •_ ej •i _ I •. •, • _• to .. . .II �. • i•-'"W.• � � pE4D— s I ... e~ I •s ••• •• 1 ° I•II• tl -_ .o u. .I .I. IICr-. • C X111+ � • N � :c• o ' •�. 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CASE NUMBER: USR-968 c/o Norman Speak REFERRALS SENT: May 1, 1992 REFERRALS TO BE RECEIVED BY: May 15, 1992 COUNTY TOWNS and CITIES _Attorney Ault - X Health Department . X Brighton Extension Service _Broomfield X Emergency Management Office ____Dacono Sheriff's Office _Eaton X Engineering _Erie _Housing Authority _Evans _Airport Authority _Firestone Building Inspection _Fort Lupton ____Frederick STATE _Garden City X Division of Water Resources Gilcrest Geological Survey _ _ Greeley Department of Health Grover ---R--Highway Department _Hudson Historical Society _Johnstown Water Conservation Board _Keenesburg — X Oil and Gas Conservation Commission ____Kersey La Salle FIRE DISTRICTS Lochbuie Ault F-1 _Longmont _ Berthoud F-2 _Mead X Brighton F-3 _Milliken Eaton F-4 New Raymer _ _Fort Lupton F-5 _Northglenn Galeton F-6 _Nunn Hudson F-7 _ _ Platteville _Johnstown F-8 _Severance La Salle F-9 _Thornton _Mountain View F-10 _Windsor Milliken F-11 _ Nunn F-12 COUNTIES _ Pawnee F-22 ` X Adams _ _Platteville F-13 _Boulder _Platte Valley F-14 _Larimer Poudre Valley F-15 Raymer F-23 FEDERAL GOVERNMENT AGENCIES Southeast Weld F-16 US Army Corps of Engineers _ ----Wiggins F-17 _USDA-APHIS Veterinary Service _Wiggins F-18 _Federal Aviation Administration Western Hills F-20 _Federal Communication Commission OTHER SOIL CONSERVATION DISTRICTS I Central Colo. Water Conservancy Dist. — X Brighton I X Panhandle Eastern Pipe Line Co. _Fort Collins Tri-Area Planning Commission _Greeley X_Division of Wildlife _Longmont West Adams COMMISSION/BOARD MEMBER - X Judy Yamaguchi 920659 U V FIELD CHECK e? NS r /// M�y j19� FILING NUMBER: USR-968 DATE OF INSPECTION: ] l �� *see0.jn p 92 APPLICANT' S NAME: Cottonwood Water Ski Club, Ltd. , c/o Norman Speak ,04n/4g CURRENT PLANNER: Keith A. Schuett REQUEST: A Site Specific Development Plan and a Special Review permit for a gravel mining operation. LEGAL DESCRIPTION: Part of the NW4 SE4 and part of the SW4 SE4 of Section 30, TIN, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: North of Weld County Road 4, east of and adjacent to U.S. Highway 85. LAND USE: N 3 y} RT (We2r+S� E fr RAW CA415"s *T3 Weio(4; S / h" /- ¢1 vs W P1- 40 f/wy 8s— dr fie toss b Wyly y, 144 Seerns Vk&4 /t i5 as ` e So u � i �+V2c lv i t(n f c%A" ZONING: N I-3 (Industrial) ` 1 E A (Agricultural) S I-3 (Industrial) Wr, A (Agriculturaal)r,,,, COMM$NTSOfD((credi n Seery-Ls 4-O ✓ Ldt R-f r to & ' and- get w4 c ' f -dsn 920659 FIELD CHECK FILING NUMBER: Z-473 DATE OF INSPECTION: May 23, 1992 USR-968 USR-969 NAME: Cottonwood Water Ski Club, Ltd. , c/o Norman Speak REQUEST: Z-473, Change of Zone from I-3 (Industrial) to A (Agricultural) . USR-968, A Site Specific Development Plan and a Special Review permit for a gravel mining operation. USR-969, A Site Specific Development Plan and a Special Review permit for a recreational water ski facility with overnight camping. LEGAL DESCRIPTION: Part of the NW4 SE4 and SW4 SE4 of Section 30, T1N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: North of Weld County Road 4, east of and adjacent to Highway 85. LAND USE: N: Vacant land E: Agricultural production, rural residence S: Welding shop, Weld County Road 4, water service and equipment repair facility. W: Highway 85, concrete batch plant, and vacant buildings. ZONING: N: I-3 (Industrial) E: A (Agricultural) S: I-3 (Industrial) W: A (Agricultural) COMMENTS: The property is as shown on the plat maps. The pond located on the property is from the existing gravel operation. Facilities for the gravel operation are located on the property. Access is from Weld County Road 4, a paved County local, north along Highway 85 to the site. �urt z :7C2 7Zettr- 1 ner 920659 CITY OF BRIGHTON V May 21, 1992 Keith A. Schuett Department of Planning Services 915 10th Street Greeley, Colorado 80631 RE: Case Number USR-968 et al. Dear Keith: This letter is in response to the Cottonwood Water Ski Club application for a rezoning and two special review permits. We find the proposed use to be acceptable. This sort of recreational activity and zoning is much preferable to some of the other uses and zoning in the area. Cordially, Jim Sayre City Planner a MAY 2 2 1992 • Weld County Planning 320659 22 South 4th Avenue - Brighton, Colorado 80601 - [303] 659-4050 iligHt DEPARTMENT OF PLANNING SERVICES PHONE(303)3583000,EXT.4400 R 91510th STREET 0LORADO 80631 EC ter ive U MAY 2io 1992 �ipY ! 00 .2 C4LO,p,,,&aAS 2 Weld County Planng May 1, 1992 CONS NUMBER: USR-968 TO WHOM IT MAY CONCERN: Enclosed is an application from Cottonwood Water Ski Club, Ltd. , c/o Norman Speak for a Site Specific Development Plan and a Special Review Permit for gravel mining. The parcel of land is described as part of the NW4 SE4 and SW4 SE4 of Section 30, T1N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north of Weld County Road 4, east of and adjacent to U.S. Highway 85 . This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by May 15, 1992, so that we may give full consideration to your recommendation. Please call Keith A. Schuett, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3..)C19( We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. /� Signed:X �.c.!'M)J'c&w Agency: COL (S D. 0/4- $ AS CuN5. CC0,444,,Date: /0p- / 4 920659 mEmoRAnDum Willie To Keith Schuett. Planning Dace 1992 COLORADO From Drew Scheltinga, County Engineer Cottonwood Water Ski Club USR-969, US'S Z-473 Subject. The access to this site is from Road 4 to U.S. 85. Approximately 20 feet is on Weld County's portion of Road 4 and the rest is state highway right-of-way. I have no objections, but do recommend a hauling restriction be placed against using Road 4 east of the entrance. A maintenance agreement for 20 feet of Road 4 does not seem appropriate. DS/gb:schuettl cc: Planning Referral File - Cottonwood Water Ski Club USR-969 , USR-969, Z-473 o EI MAY 1 91992 \\ Wcld Corti Planning 920659 STATE OF COLORADO DIVISION OF HIGHWAYS P.O. Box 850 / Greeley, Colorado 80632-0850 N (303) 353-1232 .M"ti?F CON.1 Weld Co. , S.H. 85 Cottonwood Water Ski Club, Ltd. N.E. Corner of CR 4 and SH 85 May 5, 1992 Mr. Keith Schuett, Planner Department of Planning Weld County 915 Tenth Street Greeley, CO 80631 Dear Mr. Schuett: We have reviewed the applications from Cottonwood Water Ski Club, Ltd. for Special Review Permits for gravel mining and for a recreational water ski facility with overnight camping as well as the application for a Change of Zone. Since no direct access to the state highway is requested, we have no comment on the proposal . The County is reminded that the operation of the public access, the county road, to the state highway is the responsibility of the county. Thank you for the opportunity to review this proposal . Please contact me at 350-2163 if you have any questions. Very truly yours, Evan A. Hoope J . Development/Access Coordinator EAH/cm cc: L. D. Yost G. E. Sisson File ji MAY 6 1992 Weld Coln!""fanning -659 L DEPARTMENT OF PLANNING SERVICES t PHONE(303)356-4000,EXT.4400 ' 915 10th STREET GREELEY,COLORADO 80631 COLORADO May 1, 1992 CASE NUMBER: USA-968 TO WHOM IT MAY CONCERN: Enclosed is an application from Cottonwood Water Ski Club, Ltd. , c/o Norman Speak for a Site Specific Development Plan and a Special Review Permit for gravel mining. The parcel of land is described as part of the NW4 SE4 and SW4 SE4 of Section 30, T1N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north of Weld County Road 4, east of and adjacent to U.S. Highway 85. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by May 15, 1992, so that we may give full consideration to your recommendation. Please call Keith A. Schuett, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. X We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: / Agency: PeNAn*,nrF FA TFRN PTPF TTTTR rn onnro D 5-7-9 Date: WEST ADAMS 60 S. 27th Avenue SOIL CONSERVATION Brighton , CO 80601 DISTRICT Phone : 659-7004 May :1:°, :l9`>2 Mr . Keith Schuett Weld County Planning Department 915 10th Street Greeley, CO «.:06:31. RE: Application from Cottonwood Water Ski Club , Ltd for a Site Specific Development Plan and Special Review permit for grave t mining . Case Number : USR-968 Dear Mr . Schuett : We have reviewed the Special Review Permit and find no problems or corif I i cts with our districts interests . It appears that the plan for reclamation previously made by Jeff Burwell from this office , will provide adequate protection from erosion to the new ; .r_;6 acre site . Reclamation remains the r-espons i b i I i ty of the mining operation . There are no other district concerns at this time since this area was approved for mining many years ago and its use will not change until reining is complete . Sincerest thanks for considering the dd i str i ct ' s interests . 1<.:;car- I a.i. k:e , J . . ,, Secretary Board of Supervisors 520659 DEPARTMENT OF PLANNING SERVICES or Gl l Li4_ PHONE(303)356-4000,EXT.4400 r� OL 10th STREET ' GREELEY,COLORADO 80631 O �I MAY 111-9-911 J � Wow court',"'13nninp COLORADO May 1, 1992 CASE NUMBER: USR-968 TO WHOM IT MAY CONCERN: Enclosed is an application from Cottonwood Water Ski Club, Ltd. , c/o Norman Speak for a Site Specific Development Plan and a Special Review Permit for gravel mining. The parcel of land is described as part of the NW4 SE4 and SW4 SE4 of Section 30, T1N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north of Weld County Road 4, east of and adjacent to U.S. Highway 85. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by May 15, 1992, so that we may give full consideration to your recommendation. Please call Keith A. Schuett, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. V We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. aoe-se refer to the enclosed letter. Signed. Agency: figioNil9N /z Jr-6'077(w Arne,cC Date: S—/2 9 2- 20659 i mEmoRAnDum �\ MAY 1 1 1992 Weld Count;Planning VIIDC To Keith A. Schuett Weld County Planning Date May 11 19$2 COLORADO From John S. Pickle, M.S.E.H. , Director, E.P.S. 6 SubJscECase Number: USR-968 Name: Cottonwood Water Ski Club, Ltd c/o Norman Speak Environmental Protection Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. The applicant is required to submit a plan for disposal of run off pond effluent. This plan shall be reviewed and approved by the health department prior to the hearing before the Planning Commission. 2. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 3. Any required Emissions Permit is obtained from the Air Pollution Control Division, Colorado Department of Health for fugitive dust and odors. 4. No permanent disposal of wastes shall be permitted at this site. 5. Wood shavings, saw dust, and waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 6. Fugitive dust shall be controlled on this site. 7. The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 8. A bathroom with adequate toilet facilities served by an individual sewage disposal system, is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. A temporary variance may be granted for this requirement. 9. Any required NPDES Permit shall be obtained from the Water Quality Control Division of the Colorado Department of Health and/or amended, if appropriate for the increased operation. 10. A dust abatement plan shall be submitted to the health department for approval prior to operation. The facility shall have sufficient equipment available to implement the dust control as required by the health department. ..Cc 1..59 Cottonwood Water Ski Club, Ltd. c/o Norman Speak USR-968 May 11, 1992 Page 2 11. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility area in a manner that will prevent nuisance conditions. 12. Applicant must provide an approved public water supply. Municipal supply is required if available. JSP/cs-930 £20659 it 111( DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 915 10th STREET GREELEY,COLORADO 80631 iiiipt COLORADO May 1, 1992 CASE NUMBER: USR-968 TO WHOM IT MAY CONCERN: Enclosed is an application from Cottonwood Water Ski Club, Ltd. , c/o Norman Speak for a Site Specific Development Plan and a Special Review Permit for gravel mining. The parcel of land is described as part of the NW4 SE4 and SW4 SE4 of Section 30, T1N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north of Weld County Road 4, east of and adjacent to U.S. Highway 85. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by May 15, 1992, so that we may give full consideration to your recommendation. Please call Keith A. Schuett, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: ✓ 3. We have reviewed the request and find no conflicts with our interests . 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. lease refer to the enclosed letter. o ( w`,1)1,-c� Signed: IL Agency: }la,� o Date: S 16 I Z' WAf,(u 59 STATE OF COLORADO DIVISION OF HIGHWAYS E* 0PH ac P.O. Box 850 Greeley, Colorado 80632-0850 (303) 353-1232 `S^16. F �• .of co" Weld Co. , S.H. 85 Cottonwood Water Ski Club, Ltd. N.E. Corner S.H. 85 and C.R. 4 May 22, 1992 Mr. Keith Schuett, Planner v Department of Planning ��"��`� -�'1 Weld County 915 Tenth Street MAY 2 6 1992 'I Greeley, CO 80631 tflfeld Count,Planning Dear Mr. Schuett: The following information is offered as a result of telephone conversations on this date: The Cottonwood Water Ski Club will access a Frontage Road that is the property of the State of Colorado. That frontage road is on the east side of S.H. 85, and extends from Weld County Road 4, north to the property line of the Cottonwood Water Ski Club. The initial proposed use of the property, gravel mining, will not constitute a change of use of the property and, therefore, will not require an access permit. The future planned use of the property as a water ski facility may or may not require that an access permit be issued. That need will be determined by the comparison of the projected traffic count using the access to the frontage road as a water ski club to the traffic count using the access as a gravel mining operation. If there is an increase in traffic volume using the access of more than 20 percent, an access permit could be required. Please contact me at 350-2163 if you have any questions. Very truly yours,ttal-ClK/00Evan A. Hoope , Jr. Development/Access Coordinator EAH/cm cc: L. D. Yost G. E. Sisson File 0659 05/29/92 13:07 330 4546 CCWCD 1001/002 CCWIC central colorado water conservancy district 3209 West 28th Street Greeley,Colorado 80631 (303)330-4540)330-4541 •Metro(303)825-0474 FAX(303)330-1546 May 28, 1992 Mr. Keith Schuett Weld County Planning Department 915 10th Street Greeley, CO 80631 RE: Cottonwood Water Ski Club, Ltd. Dear Keith: I have reviewed the above referenced application and have no objection to the proposal given that the following conditions are met by the applicant. 1. Applicant proposes to reactivate open-pit mining operations on a pit which was mined prior to December 31, 1980. Applicant also proposes to make recreation use on the exposed surface. Under Senate Bill 120 applicant must provide augmentation for all out-of-priority depletions from the entire exposed surface area of the pit. 2. Applicant must obtain a decreed augmentation plan for replacing out-of-priority depletions. The augmentation plan should address the amount and timing of depletions to the South Platte river and how these depletions will be augmented, 3. Until applicant has obtained a decreed augmentation plan, a substitute supply plan should be developed and approved by the State Engineer on an annual basis. Applicants should be aware that substitutes supply plans are not intended to be perpetual, thus the need for a permanent plan for augmentation. If you have any questions please call. Sincerely, P Forrest Leaf, P.E. Water Resource Engineer cc: Kim Lawrence MRY 29 ' 92 13: 07 303 330 4546 PRC�E Atot,59 WATER RES . TEL :303-866-3589 Mai 92 8 :48 No .004 P .01 Governor l Acting'Slate Engineer */876 " OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver,Colorado 80203 (303)866-3581 FAX[303)866-3589 May 20, 1992 Mr. Keith Schuett Adams County Planning Department 49SS East 74th Avenue Commerce City, CO 80022 Re: Cottonwood Water Ski Club,Ltd., USR-968 SE1/4 Sec. 30, T1N, R66W, 6TH P.M W. Division 1, W. District 2 M-81-231 Dear Mr. Schuett: We have reviewed the above referenced special review permit to allow a gravel mining on 3.36 acres of a 36.36 acre parcel. Apparently 25+1- acres have already been mined. Since the mining operation will expose ground water, the provisions of Senate Bill 120 must be complied with. The mining operator has applied for a well permit, Receipt number 315S74-A. On August 29,1990 that application was returned to the applicant for correction and has not yet been resubmitted. A substitute supply plan has been submitted, however information requested, on February 1, 1991, in order to complete the review of the plan, has not been provided to date. We have no objection to the proposal, however we recommend that no mining be allowed until the substitute supply plan is approved by the State Engineer and the required well permit has been issued. If you have any questions in this matter, please contact me. Sincerely, tjt-0) CAAA4 John Schurer, P.E. Senior Water Resource Engineer JS/cottonw2 cc: Alan Berryman, Division Engineer Bruce DeBrine MAY 2 7 1992 Judy Sappington Norman Speak Albert Frei Weld County Planning MAY 27 ' 92 6: 45 303 866 3529 PFGE . 001 • 4 DEPARTMENT OF PLANNING SERVICES PHONE(303)358-4000,EXT.4400 91510th STREET 111 ' GREELEY,COLORADO 80631 C COLORADO TO: SURROUNDING PROPERTY OWNERS CASE NUMBER: USR-968 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, June 2, 1992, at 1: 30 p.m. , in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado concerning the request of: NAME: Cottonwood Water Ski Club, Ltd. , c/o Norman Speak FOR: A Site Specific Development Plan and a Special Review permit for a gravel mining operation. LEGAL DESCRIPTION: Part of the NW4 SE4 and part of the SW4 SE4 of Section 30, T1N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: North of Weld County Road 4, east of and adjacent to U.S. Highway 85. Your property is within five-hundred (500) feet of the property on which this request has been made. For additional information write or telephone Keith A. Schuett, Current Planner. `;4)659 SURROUNDING PROPERTY OWNERS AND OR SUBSURFACE ESTATE/MINERAL OWNERS USR-968, USR-969, Z-473 COTTONWOOD WATER SKI CLUB, LTD. C & M Ready Mix Concrete Co. P.O. Box 490 Niwot, CO 80544-0490 Carrol D. Godey and Ivan and Craig Collins 37632 WCR 37 Eaton, CO 80615 Steve and Caroline M. Brancucci 8120 East 104 Ave. Henderson, CO 80640 Ralph and Maxine Brenning 1212 Grant Street Longmont, CO 80501 Christian E. Hansen Sr. P.O. Box 869 Bonita, CA 91908-0869 Foster-Reed 12739 County Road 4 Brighton, CO 80601-9301 Eilfred E. and Ruth Luft Box 122 Brighton, CO 80601 Joseph A. and Marilyn K. Case 16100 Bromley Lane Brighton, CO 80601 Single Eagle Co. 9270 E. 136th Ave. Brighton, CO 80601 Jim' s H2O Service, Inc. P.O. Drawer 2296 Gillette, WY 82176 Oil Well Perforators, Inc. 7775 S. Pioria St. Box F-2 Englewood, CO 80112 £2O659 SURROUNDING PROPERTY OWNERS AND OR SUBSURFACE ESTATE/MINERAL OWNERS USR-968, USR-969, Z-473 COTTONWOOD WATER SKI CLUB, LTD. PAGE 2 Tony, David and Tod Finley 12750 WCR 14 Brighton, CO 80601 £20659 • t1 DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 91510th STREET VW ' GREELEY,COLORADO 80631 C. COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, June 2, 1992, at 1:30 p.m. for the purpose of considering a Site Specific Development Plan and a Special Review permit for the property described below. Approval of the request may create a vested property right pursuant to Colorado Law. APPLICANT: Cottonwood Water Ski Club, Ltd. LEGAL DESCRIPTION: Part of the NW4 SE4 and part of the SW4 SE4 of Section 30, T1N, R66W of the 6th P.M. , Weld County, Colorado. TYPE AND INTENSITY OF PROPOSED USE: A Special Review permit for an open cut gravel mining operation. LOCATION: North of Weld County Road 4, east of and adjacent to Highway 85. SIZE: 36.63 acres, more or less The public hearing will be held 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 June 2, 1992. 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 80631 - Phone - 356-4000, Extension 4400. Bud Clemons, Chairman Weld County Planning Commission To be published in the Windsor Beacon. To be published one (1) t" e by May 18, 1992. Received by: Date: 5 v AFFIDAVIT OF PUBLICATION STATE OF COLORADO SS COUNTY OF WELD / NOTICE OF PtleIJC I k.�rcA h////t 15mvL , of said County The Weis�MyNng. of Weld,being duly sworn,say that I am publisher of Commission wilt held• PUS hearing on TUeedy. WINDSOR BEACON June 2,1902.at tic p.m. for the purpose. of c Development a Sits Plan sand a weekly newspaper a general circulation in said considering and ahaving Special Review permit for County and State, published in the town of WINDSOR, the properly described below. Approval of the in said County and State; and that the notice, of which request may create a the annexed is a true copy, has been published in said vested property right purest to Colorado Lwi. weekly for_Z___ successive weeks, that the notice APPLICANT:Cottonwgod was published in the regular and entire issue of every Water Ski Club.Ltd. LEGAL DESCRIPTION: number of the paper during the period and time of Pan of the NW4 SE4 and publication, and in the newspaper proper and not in a Section 30,TIN RIM et supplement, and that the first publication of said notice the 6th P.N.,WW Owelgh was in said paper bearing the date of the Colorado. TYPE AND W IENS,/OF �J /,P,,1 PROPOSED USE: A / day of , A.D., 19 Mfr and Spedal Review pare ter an open cut crawfishes. the last publication bearing the date of the operatiar. LOCATION:North et wale County Road 4.OW*ad day of , A.D., 19 and adlacesite Highway M. that the said WINDSOR BEACON has been published SIZE:38.93 acres.rtes er lees continuously and uninterruptedly for the period of 5 The public hearing' S he consecutive weeks, in said County and State,prior to the held In the Weld Cured Commissioners'HearMg date of first publication of said notice, and the same is a Room,First Floor.Welt/ newspaper within the meaning of an Act to regulate County Centennial Career, 915 Tenth Street.Greeley. - printing of legal notices and dvertisements, approved Colorado.Comments or May 18, 1931,and all pri r cis so far as in force. objections related to the above request should be - submmed In waiting to the Wad County Department of Planning Servkes, 915 Tenth Street,Room 342. LISHER Greeley,Colorado 80831, before the above date or presented at the public Subscri d and sworn to before me this . day hearing on June 2,1922. r c.. Copies of the application of V•.w At- 19 7 Q are available for public 1 Inspection In the ` 1_ ,.v Department of-Planning t- S ice.-�+`� --- Services,ROOM 302,wad NOTARY PUBLI County Centennial Center, 915 Tenth Street,Greeley, '�,r,, Colorado 80831-Phone- My commission expires 7II it Q '7 f 19q‘1" . 35 .4090.Extension 4403. Bud Clemons,Chairman Wad County Planning CeniWaln Published in the Mt Beeson en limy 1,a k JUN 0 1992 1";6eisl ifip?FaGtr Pkriring S20659 DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 91510th STREET D' GREELEY,COLO COLORADO 80631 C. COLORADO May 1, 1992 Cottonwood Water Ski Club, Ltd. c/o Norman Speak 3382 Vivian Drive Wheatridge, CO 80033 Subject: Request for a Change of Zone (Z-473) from I-3 (Industrial) to A (Agricultural) , a Use by Special Review and a Site Specific Development Plan for Mining (USR-968) , and a Use by Special Review and a Site Specific Development Plan for a Recreational Water Ski Facility (USR-969) , on a parcel of land described as part of the NW4 SE4 and part of the SW4 SE4 of Section 30, T1N, R66W of the 6th P.M. , Weld County, Colorado. Dear Mr. Speak: Your application and related materials for the request described above are scheduled with the Weld County Planning Commission for June 2, 1992, at 1:30 p.m. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members might have with respect to your applications. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the City of Brighton Planning Commission for its review and comments. Please call Jim Sayre at 654-1638 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Brighton Planning Commission Meeting to answer any questions the Commission members may have with respect to your applications. Cottonwood Water Ski Club, Ltd. c/o Norman Speak May 1, 1992 It is the responsibility of an applicant to see that signs are posted on the property under consideration at least 10 days preceding the hearing date. Sometime prior to May 20, 1992, you or a representative should call me to obtain signs to be posted on the site no later than May 23, 1992. The signs shall be posted adjacent to and visible from a publicly maintained road right-of-way. In the event the property under consideration is not adjacent to a publicly maintained road right-of-way, the applicant shall post one sign in the most prominent place on the property and post a second sign at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. Your sign posting certificates must be returned to the Department of Planning Services' office on or before the date of the hearing. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four (24) hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services' office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please feel free to call me. Respectfully, A. c uett Current Planner KAS/sfr CME59 CCWC _1 _ _ _ _ _ _ _ central colorado water conservancy district �s "9'Age'"st 28th c.�t't?i Colorev, rlOC 3 (303) 30-1540/30045r1 :333` 315-r•1tq 333(313, 330-4')4- May 28, 1992 Mr. Keith Schuett tic��y Weld County Planning Department 915 10th Street JUN C ' 1992 Greeley, CO 80631 en L1/4__ - * — tgeck!(ler "r.gn.r'nn RE: Cottonwood Water Ski Club, Ltd. Dear Keith: I have reviewed the above referenced application and have no objection to the proposal given that the following conditions are met by the applicant. 1. Applicant proposes to reactivate open-pit mining operations on a pit which was mined prior to December 31, 1980. Applicant also proposes to make recreation use on the exposed surface. Under Senate Bill 120 applicant must provide augmentation for all out-of-priority depletions from the entire exposed surface area of the pit. 2. Applicant must obtain a decreed augmentation plan for replacing out-of-priority depletions. The augmentation plan should address the amount and timing of depletions to the South Platte river and how these depletions will be augmented. 3. Until applicant has obtained a decreed augmentation plan, a substitute supply plan should be developed and approved by the State Engineer on an annual basis. Applicants should be aware that substitutes supply plans are not intended to be perpetual, thus the need for a permanent plan for augmentation. If you have any questions please call. Sincerely, P Forrest Leaf, P.E. Water Resource Engineer cc: Kim Lawrence 2O659 WELD COUNTY, COLO' 0 USE BY SPECIAL REVIEW A, ICATION for MINING PERMIT Weld County Department of Planning Services, 915 10th Street, Greeley, Colorado, Phone 356-4000, Extension 4400 For Department of Planning Services Use Only Case Number: 1,5464 Date Application Received: (-/-;27 -"; Z PC Nearing Date: Section: 'CD , Township: /l Y North, Range: e5/c< West Zoning District! Recording Fee: /061. 4$.4/ 4/ Permit Fee: 1D D r Recording Fee Receipt if: Receipt Number: 1.1 J� Application Reviewed By: To be completed by APPLICANT in accordance with ��edu �an 99 procedur gi g e Requirements: 1 . I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission concerning a proposed gravel (gravel, coal , borrowpit, etc.) mining operation for the following described unincorporated area of Weld County: LEGAL DESCRIPTION Part of the NW% SE%, and SW% SE%, Section 30, Township 1 North, Range 66 West, 6th P.N., Weld County, Colorado See meets and bounds description in APPENDIX TOTAL ACREAGE: 36.63 4./- 2. Surface owner(s) of area of land described Name: Cottonwood Water Address: 3382 Vivian Dr. Phone: 218-0138 Name: Ski Club Ltd. _ Address: Wbeatridge Cn Phone: 80033 3. Owner(s) of mineral rights to substance to be mined Name: Cnttnnwond Water Address: 3187 Vivian Dr. Phone: 218-0338 Name: Ski Club Ltd. Address : Wheatridge CO Phone: 80033 C -.--04. Source of applicants' legal right to enter and to mine on the land * r- described: 0 Property owners. n v (Attached certified copy of any document noted to the back of this form) o 2D Iro Address of applicant and general office v .o Applicants address: 3382 Vivian DR. Wheatridge Phone: 238-0338 it ,,0 Ceeees4-6f 4.eo-.addrn54 _ CO 80033 Phone: 3 �. 11. Identify any prior permits for mining held by applicant or affiliated 1J person: NONE ' ti€59 7. Descript of Operation a. Types and number of operating an processing equipment to be employed: One protabie crushing slant and screen units. one dragline. 2 frontend loaders and haul trucks. b. Maximum number of employees: 9 , and number of shifts: 1 c. Number of stages to be worked: 1 , and periods of time each is to be worked: All but 3.66 acr a =1- hay been ined od.pte. We estimate this 3.66 ac. will last another 5 years depending on market place demands. d. Thickness of mineral deposit: 15 feet, and thickness of the overburden: 0 . NOTE: property has been mined for 35 years no soil or overburden exists. e. This will be a wet/dry pit operation. This is a wet operation. f. Site entrance/exit points and county roads and bridges to be utilized between site and delivery point(s) (must be coordinated with County Engineer) : Existing access if from State HWY Dept. Service road east of HWY 85 and north of WCR 4. This road has been used since 1957. 8. Description of Rehabilitation a. Proposed rehabilitation land use(s) : Recreational uses. b. Source of technical advice for reclamation: Data from SCS, Mined Land Reclamation Division and Environment, Inc. c. Explanation of Reclamation Process: There will be a lake on the property. »ankes will he sloped to meet state r iirntents. resoiled and revegetated. I hereby depose and state under the penalties of perjury that nil statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF a crv,__, STATE OF & tC '',„/„.„ '27) Signature: Owner/Authorized Agent Subscribed and sworn to before me this da of / C �` , 191 SEAL NOTARY P My Commission expires la—C)- --(1 / `' vV � COTTONWOOD WATER SKI CLUB, LTD. APRIL, 1992 WELD COUNTY, COLORADO USE BY SPECIAL REVIEW APPLICATION MINING PERMIT ` 0659 WELD COUNTY, COLOr - `0 USE BY SPECIAL REVIEW Al. .ICATION for MINING PERMIT Weld County Department of Planning Services, 915 10th Street, Greeley, Colorado, Phone 356-4000, Extension 4400 For Department of Planning Services Use Only Case Number: Date Application Received: PC Hearing Date: Section: , Township: North, Range: West Zoning District: Recording Fee: Permit Fee: Recording Fee Receipt if: Receipt Number: Application Reviewed By: To be completed by APPLICANT in accordance with procedural guide Requirements: 1 . I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission concerning a proposed gravel (gravel, coal, borrowpit, etc.) mining operation for the following described unincorporated area of Weld County: LEGAL DESCRIPTION Part of the NW% SE%, and SW% SEC Section 30, Township 1 North, Range 66 West, 6th P.M., Weld County, Colorado See meets and bounds description in APPENDIX TOTAL ACREAGE: 36.63 +/- 2. Surface owner(s) of area of land described Name: Cottonwood Water Address: 1382 Vivian Dr. Phone: 218-0338 Name: Ski Club Ltd. _ Address: Wheatridgr Co Phone: 3. Owner(s) of mineral rights to substance to be mined Name: Cottonwood Water Address: 1389 Vivian Or Phone: 938-0138 Name: Ski Club Ltd. Address: Wheatridge CO Phone: 80033 4. Source of applicants' legal right to enter and to mine on the land described: Property owners. (Attached certified copy of any document noted to the back of this form) 5. Address of applicant and general office Applicants address: 3382 Vivian DR. Wheatridse Phone: 238-0338 Ceaaaa4 Offiee -6ddrrae4 _ CO 80033 Phone: 6. Identify any prior permits for mining held by applicant or affiliated person: NONE S20659 7. Descript. : of Operation a. Types and number of operating an processing equipment to be employed: One_Drotable crushing Dt nr nd ee ,n; one drag)yie. 2 front-end loaders and haul trucks. b. Maximum number of employees: 9 , and number of shifts: 1 c. Number of stages to be worked: 1 , and periods of time each is to be worked: Al : 3.66 a s =1— ay been mined r date. We estimate this 3.66 ac. will last another 5 years depending on market place demands. d. Thickness of mineral deposit: 15 feet, and thickness of the overburden: 0 . NOTE: property has been mined for 35 years no soil or overburden exists. e. This will be a wet/dry pit operation. This is a wet operation. f. Site entrance/exit points and county roads and bridges to be utilized between site and delivery point(s) (must be coordinated with County Engineer) : Existing access if from State HWY Dept. Service road east of HWY 85 and north of WCR 4. This road has been used since 1957. 8. Description of Rehabilitation a. Proposed rehabilitation land use(s) : Recreational uses. b. Source of technical advice for reclamation: Data from SCS, Mined Land Reclamation Division and Environment, Inc. c. Explanation of Reclamation Process: There will be a lake on the n� rty Bank s wil sloped o mee staterem,irments. resniled and revegerated. I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF STATE OF Signature: Owner/Authorized Agent Subscribed and sworn to before me this day of , 19 SEAL NOTARY PUBLIC My Commission expires ..S.2V J TABLE OF CONTJLNTS PAGE SECTION 2 (44.7. ) 1 SECTION 6 (24.7. 1) 5 EXTRACTION PLAN MAP (44.2 . ) 8 WELD COUNTY ZONING ORDINANCE SECTION 24.5 COMPLIANCE DEMONSTRATION (24 .5. 1 THRU 24 .5. 11) 9 WELD COUNTY ZONING ORDINANCE SECTION 24 .6 COMPLIANCE DEMONSTRATION (24 .6. 1. 1 THRU 24 6 1 6) 12 APPENDIX ADJACENT OWNERS 13 MINERAL OWNERS FOR THE PROPERTY 14 MLRB RECLAMATION PLANS 15 SOIL AND VEGETATION REPORT 18 C&M LETTER 24 FIRE LETTER 26 DEED OF TRUST 27 LEGAL DESCRIPTION 30 NOISE REPORT 31 S20659 SECTION 2144.7.1 144.7.) DESCRIPTION OF METHOD OF OPERATION This application is submitted as part of a Rezoning and Special Use for Recreation uses as suggested by the Weld County Planning Department. This was to correct a problem with using the area as a water ski lake in an Industrial 3 zone district. When we discussed the problem with Planning Staff, it was suggested we include this mining operation in the changes needed to use the area for water skiing. By including the area left to be mined under a special use we are correcting a problem that has existed since 1981 regarding mining in I-3 . This property has been mined since 1957 by a number of operators. In 1981, C&M Sand and Gravel obtained a MLRB permit to complete mining and Weld County issued a Non-Conforming Use in an I-3 zone district because the gravel had been mined for so many years. The APPENDIX contains a letter dated February 5, 1981, from C&M Sand Co to Mrs. Vickie Traxler, Asst. Zoning Administrator, confirming the use as Non-Conforming in an I-3 district. In 1984 Cottonwood Water Ski Club, Ltd. purchased the property from C & M knowing the lake would be completed in the near future. C & M wanted out of the pit so Albert Frei and Sons, Inc. was contacted to complete mining, they took over in 1984. This pit is mined wet, no de-watering is done. The material content in this pit is more sand than gravel. The demand is less for sand, than for a courser material so mining has been slower than expected. At this time Albert Frei and Sons, Inc. have a gravel processing plant, screens, and conveyors at the pit. There is a scale and scale house located near the entrance to weigh the haul trucks. Occasionally, there is other equipment on the site if the need arises. This can include a motor scraper, dozer, front- end loader, dragline, motor grader and haul trucks. Mining is done with a dragline, the material is removed and piled along the edge of the lake to drain. After a couple of day the drained material is loaded by front-end loader into a portable crushing and screening plant. The processed material is then stock 1 C20659 SECTION 2 (CONTI SPECIAL USE FOR MINING COTTONWOOD WATER SKI CLUB LTD. piled and sold. The operator has one portable plant on the property at this time. The amount of other equipment on site varies with the quantity of material being mined or hauled from the pit. Generally an additional front-end loader will be used and 2 additional screening plants will be added. The operator has 2 to 9 employees at the site depending on the type of work being done. If they are not processing, there are usually two, one scale operator and one loader operator. If mining and processing is going on the they will have as many as 9 employees. They have maintenance people on the site after normal hours as allowed in 44.4.2 or the Weld County Zoning Regulations. The access gate we use is at the end of a service road adjacent to Highway 85. This road enters WCR 4 approximately 20 feet east of the WCR 4 and HWY 85 intersection. This access has been use since mining began many years ago. The service road from WCR 4 is dirt but the operator keeps it watered down when there is heavy truck traffic. There are no bridges in the vicinity. A Mined Land Reclamation Board (MLRB) permit, M-81-231 issued on March 5th, 1982, covers the Mining and Reclamation at this time. A copy of the current MLRB approved Reclamation Plan is in the APPENDIX following this text. There is no staging on this operation since there is very little material left to mine. The remaining 3 . 66 acres ± left to be mined on this property contains approximately 5 years reserve at the current rate of mining. The material average 15 feet deep but varies across the property from less than 5 to nearly 20 feet. Because mining has been going on here for so long there is no topsoil or overburden to be removed. In addition there is approximately 5. 30 acres to reclamation along the slopes and setbacks around the south end of the pit. Under the reclamation plan revegetation will begin after mining is finished. The first step will be to grade and shape the areas above the water line. 2 ZO&59 SECTION 2 (CONT) SPECIAL USE FOR MINING COTTONWOOD WATER SKI CLUB LTD. The state regulations call for the areas 5 feet above the water line to 10 feet below be graded 3H to 1V. The slopes above that can be 2H to 1V. When this is completed the area will be resoiled with an average of 6 inches of topsoil and revegetation will be done during the next planting season. This is usually mid-March to mid-May or mid-September to mid-November. Once this is complete, the work preformed will be monitored for up to five years. If during that five years more work is needed then it is done. The reclamation of the rest of the 36. 63 acres ± is covered by the above referenced MLRB permit. The sloping requirements and the seeding arrangements are intended to reduce or eliminate the possibility of erosion. The seed mix referred to in that text is used to reduce the chances of erosion on slopes around the pit. This plan covers the entire property owned by Cottonwood Water Ski Club, Ltd. so parts of the plan have been completed and some of the trees are already in place. The approved plan calls of planting 100 trees of various species. Russian Olive, Honey Locust, Planes Cottonwood, Alder, and Red Osier Dogwood. We will be placing these trees on the property once the final configuration of the lake is known. The current approved plan calls for creating a lake usable for recreational purposes. This lake will be approximately 23 .50 acres ±, depending on the final configuration after mining is completed. As noted above we are applying for a Special Use to use the finished lake as a water ski lake for use by the Cottonwood Water Ski Club Ltd. membership. The original MLRB Mining and Reclamation plans were prepared by C & M Sand Company as allowed by state law. They contacted the Soil Conservation Service for seeding recommendations and the MLRB review the permit and suggested minor modifications for the Reclamation Plan. Albert Frei and Sons, Inc. have 8 other permitted mines in the State and are familiar with the Reclamation laws in the County and State. 3 020659 SECTIONS (24.7.1, A STATEMENT EXPLAINING HOW THE PROPOSAL IS CONSISTENT WITH THE WELD COUNTY COMPREHENSIVE PLAN (24 . 7.1 .1) Mining began at this pit in 1957 and through the years the zoning on the property has been changed from A to I-3 and back to A. It should be remembered this pit was probably here before the Weld County Comprehensive Plan was approved. A STATEMENT EXPLAINING HOW THE PROPOSAL IS CONSISTENT WITH THE INTENT OF THE DISTRICT IN WHICH THE USE IS LOCATED (24. 7.1 .2) Mining is a Use by Special Review in an Agriculture Zone district and has been allowed as a Non-Conforming Use in and I-3 district for the past 28 years, since the area was blanket zoned in 1963. The Zoning Regulations spell out the requirements to use an Ag zoned area for mining. Most of the gravel pits in Weld County are in this one zone district. A STATEMENT EXPLAINING WHAT EFFORTS HAVE BEEN MADE, IN THE LOCATION DECISION FOR THE PROPOSED USE, TO CONSERVE PRODUCTIVE AGRICULTURAL LAND IN THE AGRICULTURAL ZONE DISTRICT IF APPLICABLE (24 . 7.1.6) This area was mined before it was rezoned to agriculture, it has been disturbed for 34 years and has not been available for agricultural purposes for that length of time. A STATEMENT EXPLAINING THERE IS ADEQUATE PROVISION FOR THE PROTECTION OF THE HEALTH, SAFETY AND WELFARE OF THE INHABITANTS OF THE NEIGHBORHOOD AND THE COUNTY (24. 7.1 . 7) This mining operation was here before most of the neighbors moved in around the property. We have the property fenced to keep trespassers out and have a locked gate at the entrance. Albert Frei and Sons, Inc. follow all required state laws regarding Air Quality, Water Quality and noise levels. They have an Air Pollution Emissions permit for the pit and crushing equipment. There is no water discharged from the pit and the noise levels associated with the pit are within acceptable State noise standards. 4 4-.-0E59 SECTION 6 (cont) SPECIAL USE FOR MINING COTTONWOOD WATER SKI CLUB LTD. A STATEMENT EXPLAINING THE USES PERMITTED WILL BE COMPATIBLE WITH THE EXISTING SURROUNDING LAND USES (INCLUDE A DESCRIPTION OF EXISTING LAND USES OF ALL PROPERTIES ADJACENT TO THE PROPERTY) (24 . 7.1 .3) The surrounding land uses consistent of industrial zoned area along the north, west and south sides of the property. Along the east side is a large field use for agricultural crops. This property is not close to any residential areas. In 1963 a 700 foot wide strip along both sides of Highway 85 was blank zoned I-3. It would appear the County Commissioner at that time intended this area to be an industrial zone. We feel the gravel pit use is far better than any industrial use that could be on the property. A STATEMENT EXPLAINING THE PROPOSED USE WILL BE COM- PATIBLE WITH THE FUTURE DEVELOPMENT OF THE SURROUNDING AREA AS PERMITTED BY THE EXISTING ZONE AND WITH FUTURE DEVELOPMENT AS PROJECTED BY THE COMPREHENSIVE PLAN OF THE COUNTY OR THE ADOPTED MASTER PLANS OF AFFECTED MUNICIPALITIES (24 . 7.1 .4) We expect mining to be complete within the next 5 years. As note previously reclamation will begin shortly after mining is completed. The area will be graded, resoiled and revegetated as required by state law. When complete the lake and surrounding land will be ideal for the intended final use, that of a recreation area. We feel the final land form is more desirable to surrounding communities than the use that was originally allowed, Industrial 3 . It will also serve as a buffer-open space area adjacent to the industrial uses around the property. The master plan also recognizes the need for building materials and to disallow this use would be against the requirements in 34-32-100 et seq. regarding gravel mining. 5 S:.30659 SECTION 6 (cont) SPECIAL USE FOR MINING COTTONWOOD WATER SKI CLUB LTD. A STATEMENT EXPLAINING THE USE BY SPECIAL REVIEW AREA IS NOT LOCATED IN A FLOOD PLAIN, GEOLOGICAL HAZARD AND WELD COUNTY AIRPORT OVERLAY DISTRICT AREA; OR THAT THE APPLICATION COMPLIES WITH SECTION FIFTY (50) , OVERLAY DISTRICT REGULATIONS AS OUTLINED IN THE WELD COUNTY ZONING ORDINANCE (24 . 7.1 .5) This property is not within one of the noted overlay districts and Section 50 requirements do not apply to this property. PROOF THAT A WATER SUPPLY WILL BE AVAILABLE WHICH IS ADEQUATE IN TERMS OF QUANTITY, QUALITY, AND DEPENDABILITY (E.G., A WELL PERMIT OR LETTER FROM A WATER DISTRICT) Water needed at this site for human consumption is brought to the site by employees. The water needed to supplement evaporative losses from the lake come from irrigation water Albert Frei and Sons, Inc. own. The Colorado Division of Water Resources is reviewing a Temporary Supply Plan and Well Permit for the pit now. A COPY OF THE DEED OR LEGAL INSTRUMENT IDENTIFYING THE APPLICANT(S) INTEREST IN THE PROPERTY UNDER CONSIDERA- TION. IF AN AUTHORIZED AGENT SIGNS THE APPLICATION FOR THE FEE OWNERS(S) , A LETTER GRANTING POWER OF ATTORNEY TO THE AGENT FROM THE PROPERTY OWNER(S) SHALL BE PROVIDED A copy of the Deed of Trust is in the APPENDIX following this text. A NOISE REPORT, UNLESS WAIVED BY THE DEPARTMENT OF PLANNING SERVICES, DOCUMENTING THE METHODS TO BE UTILIZED TO MEET THE APPLICABLE NOISE STANDARD The pit is in a rural location surrounded by vacant land or Industrial Uses and has been operated for 34 years. The APPENDIX contains a noise report showing the typical noise associated with the mining operation 6 659 SECTION 6 (come SPECIAL USE FOR MINING COTTONWOOD WATER SKI CLUB LTD. A SOIL REPORT OF THE SITE PREPARED BY THE SOIL CONSERVA- TION SERVICE OR BY A SOILS ENGINEER OR SCIENTIST. IN THOSE INSTANCES WHEN THE SOIL REPORT INDICATES THE EXISTENCE OF MODERATE OR SEVERE SOIL LIMITATIONS FOR THE USES PROPOSED, THE APPLICANT SHALL DETAIL THE METHODS TO BE EMPLOYED TO MITIGATE THE LIMITATIONS. The APPENDIX contains a copy of the soils report and vegetation report submitted with the original mining application. Please note on the second page of the Vegetation Report under the Topsoil heading it stated "no topsoil exists at this site". At this time there are no soils to study since only 3 . 66 acres ± remains to be mined. The balance of the area is lake surface, slopes into the lake area or plant site area that contains no soil. A CERTIFIED 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 (24 .7.2.9) Please refer to the APPENDIX for this list. A CERTIFIED LIST OF THE NAMES AND ADDRESSES OF MINERAL OWNERS AND LESSEES OF MINERALS ON OR UNDER THE PARCEL OF LAND BEING CONSIDERED (24. 7.2 .10) Please refer to the APPENDIX for this list. EXTRACTION PI ' NAP (4 4.2 . ) 8 WELD COUNTY ZOI 3 ORDINANCE SECTION 24.5 COMPUA. ?DEMONSTRATION 124.5.1 THRU 24.5.11) 24. 5. 1. 1 There are no central water requirements for the proposed use. The lakes remains naturally filled by alluvial flows. The operator is working with the Colorado Division of Water Resources on a Temporary Supply Plan and Well Permit as required by State Law. 24 . 5. 1.2 Portable toilet facilities are used at the pit. They are maintained by a local service and supply company. 24.5. 1. 3 No soil conditions exist on site, since the pit has been mined for the past 34 years. 24.5.1.4 Fire protection is supplied by the Brighton Volunteer Fire Protection District. We have a letter from them indicating this. Please refer to the APPENDIX of this application for a letter from the Fire District. Fire extinguishers are kept on the equipment for emergency uses. 24.5. 1.5 The Special Use that we are applying for will not significant- ly change the land from its's historical use - the land has been mine for 34 years or more. When mining is complete the property will be used as a private recreation for water skiing. 24.5.1.5. 1 The lake that exists can retain the storm runoff from a 100 year event that occurs at the site. No specially designed facilities are needed. 9 f"'0659 v,m SECTION 24.5 COM. _WNCE (cont) SPECIAL USE FOR MINING COTTONWOOD WATER SKI CLUB LTD. 24 . 5. 1. 5.2 Not applicable. No water leaves this lake or the property. All drainage from the property is directed to the lake as required by the mining plan approved by the MLRB. 24.5. 1. 6 There is adequate room on the property for parking. We will not park vehicles on public roadways. 24 . 5. 1.7 There is a 25 foot setback from the property line to the slope into the lake. The lake is no closer than 30 feet to the property line. The minimum setback allowed in this zone district is 20 feet and mining is not allowed closer than 10 feet to the property line (44.4 .1) . The table below lists the distances from the property line to the closest homes surrounding the property. Direction Owners Distance FT. East Brancucci 1,200 South Brenning 200 Northeast Collins/Godey 1, 175 Southeast Luft 600 Case 800 24.5. 1.8 The current access has been in place as far as our records go back, that is to 1953. The access road is owned by the Colorado Department of Highways according to County Records. This frontage road is accessed from WCR 4. 24.5. 1.9 No new access is required. 10 SECTION 24.5 COI. .IANCE (cont) SPECIAL USE FOR MINING COTTONWOOD WATER SKI CLUB LTD. 24.5. 1. 11 This mining operation is below the surrounding properties on the east and south. Along the west is Highway 85 but the view into the mining area is limited because the area to be mined located on the south end of the property where it is hidden from the highway. We do not feel screening is needed at this site, either to reduce the view into the lake nor to reduce the noise leaving the pit since the mining operation is so old and has a such a short life that any screening would not be effective until after mining is complete. 11 WELD COUNTY zt IG ORDINANCE SECTION 24.6 COMP, .NCE DEMONSTRATION 124.6.1.1 TINMI 24.6.1.6) 24. 6. 1. 1 The noise data supplied indicates there should be no problems complying with this requirement. The operators have not had any complaints over the past 8 years regarding noise problems at the pit. They operate within State standards at the property line. 24. 6. 1.2 Mr. Frei has an Air Pollution Permit for the Gravel Pit that covers all parts of the operation. The pit permit covers the loading, mining and stockpiling of the material. Each crushing unit has a separate Permit from the State Health Department. He complies with State Air Quality standards to keep the permits in good standing. 24 . 6. 1. 3 All storm water enters the lake and no water is discharged from this pit, so no permits is required. 24. 6. 1.4 No lights of the type described in Zoning Regulations are used at the pit. 24. 6. 1.5 This use does not emit heat and it will not raise the temperature beyond the property line. 24. 6. 1.6 We understand this requirement, the property will be maintained to comply with this requirement. 12 APPENDIX ADJACENT OWNERS PARCEL WITHIN 500 FT. ID NUMBER C&M Ready Mix Concrete Co. 1471-30-0-00-093 P.O. Box 490 1471-30-0-00-010 Niwot, CO 80544-0490 Godey, Carrol D. and 1471-30-0-00-009 Collins, Ivan and Craig 37632 WCR 37 Eaton, Co 80615 Brancucci, Steve and Caroline M. 1471-30-0-00-012 8120 East 104 the Ave. 1471-30-0-00-019 Henderson, Co 80640 Brenning, Ralph and Maxine 1471-30-0-00-016 1212 Grant St. Longmont, CO 80501 Hansen, Christian E. , Sr. 1471-30-0-00-092 P.O. Box 869 1471-30-0-00-078 Bonita, CA 91908-0869 Foster - Reed 1471-30-0-00-017 12739 County Road 4 Brighton, CO 80601-9301 Luft, Eilfred E. and Ruth 1471-30-0-00-018 Box 122 Brighton, CO 80601 Case, Joseph A. and Marilyn K. 1471-30-0-00-097 16100 Bromley Lane Brighton, CO 80601 Single Eagle Co. 1471-31-0-00-087 9270 E. 136th Ave Brighton, Co 80601 Jim's H2O Service, Inc. 1471-31-0-00-059 P.O. Drawer 2296 Gillette, WY 82716 Oil Well Perforators, Inc. 1471-31-0-00-067 7775 S. Pioria St. , Box F-2 Englewood, CO 80112 Finley, Tony, David and Tod 1471-31-0-00-085 12750 WCR 14 Brighton, CO 80601 13 ar MINERAL OWNERS FOR THE PROPERTY Cottonwood Water Ski Club Ltd. 3382 Vivian Dr. Wheatridge, CO 80033 14 EXHIBIT E RECLAMATION PLAN Reclamation will be concurrent with mining. The reclaimed area will provide wildlife habitat for fish, waterfowl, songbirds and other animals, and could be utilized as a private recreation facility in the future. The reclaimed area will contain one lake of approximately 26. 3 acres and will have at least one nesting island for waterfowl. The remainder of this 30+ acre site will be reclaimed as land area. All embankments will be reclaimed to no steeper than 2: : 1 except for a 3: :1 slope from 5 feet above to 10 feet below the high water line. A minimum of 6" of topsoil will be applied to embankments and exposed surface areas and harrowed into the existing soil. A slow release fertilizer will also be added at the rate of 40 pounds of nitrogen per acre and 40 pounds of phosphorus per acre. This will be worked into the soil to a depth of 6 inches. All seeding will be done between October 15th and April 15th. Seeding will be done using a grass drill with depth bands and press wheels set to a depth of 1/2 inch to 1 inch. Where slope precludes the use of machinery, seed will be broadcast, and seeding rates doubled. To protect seeded areas, approximately 3000 to 4000 pounds of dry straw per acre will be spread as a mulch and anchored by a tincr9 tacking agei._ such as emulsified asphalt. Weed control will be practiced by spraying with an herbicide or by mechanical means. The species and mix rates are listed on page 13. This mix will be used in the reclamation effort except where as specified otherwise on the Reclamation Plan HAP (pg. 15 ) . In addition to the seed mix, trees and shrubs will be planted as noted on the reclamation plan map, (pg. 15 ) . In total, about 100 plants of the following species will be used. Russian Olive - Elaeagnus angustifolia Honey Locust - Gleditsia triacanthos inermus Plains Cottonwood - Populus sargentii (male) Alder - Alnus Tenuifolia Red Osier Dogwood - Cornus stolonifera All of the above species are either native to the area or require growing conditions similar to those on the site. The shade trees to be planted will be one inch or greater in caliper. The remainder of the large shrubs will be at least 5 gallon in size or 5 foot tall as applicable and all woody plant materials are to be in conformance with AAN standards. In addition to those plants, there are some desirable volunteers on site that will be left in place or relocated. Also, hand scattering of seed found on site will help in the revegetation process. Some of these on site species Y0659 include cat Ails, Pennsylvania smartwet,., tamarix, willows and cottonwoods. The reclaimed land will provide suitable habitats for waterfowl and other birds as well as small mammals. The lake will allow the introduction of aquatic life and fish will be introduced for possible future recreational use of the area. Through reclamation efforts, the overall effect will be positive. Since the subject property is zoned Industrial (I) , the reclamation plan presented herein reflects the current intention of the owners. However, it does not preclude the future redevelopment of the property to some use allowed within the (I) zoning district. v ti0659 United States Sod Department d Conservation 108 K. Walnut Street - Brighton. CO 80601 -11.11 Agriculture Service July 21. 1981 Kathleen Korbobo C ii K Sand Company P.O. Box 315 Boulder. Co 80309 RE: Vegetative Survey and Reclamation Plan Attached is the vegetative survey and reclamation plan for the gravel pit north of Brighton. If you need any further information feel free to call. Sincerely. yl) ..6cnt, / Jeff Burwell. District Conservationist Soil Conservation Service •JB:1ja attachments 4 ..,065'9 COTTONWOOD WATLn SKI CLUB, LTD. SPECIAL USE FOR A MINING OPERATION. NOISE REPORT This noise report was prepared by acquiring the noise data supplied by equipment manufactures for each piece of equipment we have at the site, this is not a site specific noise report. These figures represent the average noise generated by the specific piece of equipment we have at the site. The processing plant is operated on electricity and there is no crushing at this pit. We have two screen decks that separate the processed materials, the noise from this plant occurs as the mined materials is passes over the screens and is separated. This plant and all of the equipment is located below the surrounding ground level and actually sets in a hole. We do not believe the noise generated from this pit will disturb surrounding residences. Noise Noise Level (decibels) source 100 ft. 200 ft. an ft. Pickups, and utility vehicles 66-72 62-70 48-58 Dragline 73-78 69-71 55-61 Frontend loader 73-78 69-71 55-61 Processing Plant (no crushing) 70-76 65-73 51-41 Haul Trucks 72-77 68-70 58-62 31 r .T v r RECLAMATION PLAN C 6 M SAND CO. TOPSOIL - Since no topsoil exists on this site, it will have to be supplied from another area. Approximately 8 to 12 inches of good loamy topsoil should be spread over areas to be seeded. On slopes the topsoil should be disced in- to existing material to prevent sloughing. FERTILIZER - The topsoil should be tested for N,P6L levels and fertilized if needed. Generally no more than 40 pounds per acre of nitrogen and phosphor- ous should be added just prior to seeding. SEEDING - A grass drill with depth bands end press wheels should be used where possible. If steep slopes are broadcast seeded, the seeding rates should be doubled. Broadcast hould be covered with soil. This can be accomplished by dragging a harrow or chain over the area. Hydro-seeding is not recommended unless the area can be irrigated until a stand is established. If a drill is used, the grass should be seeded to k inch deep. Seeding should be done between October 15 and April 15. The following seeding rates are recom- mended. POUNDS PURE LIVE ALTERNATIVE #1 Lail& SEED PER ACRE Vaughn sideoata grams 35 3.2 Lovington blue grams 30 0.9 Arriba western wheatgrass 15 1.6 Sodar streambank vheatgrass 10 1.1 Common yellow sweetclover 10 0.7 ALTERNATIVE #2 Nordan crested wheatgrass 50 5.0 Common fairway wheatgrass 40 2.4 Common yellow sweetclover 10 0.7 MULCHING - After the seeding operation, straw mulch should be applied. Spread 3000 to 4000 pounds per acre of clean 10 inch straw. Crimp the strew into the soil to prevent it from blowing away. Use a mechanical crimper or disc. A hydromulch can be used, however drill the grass prior to mulching operation. NEED CONTROL - Mow weeds as needed for the first two growing seasons. Wee?, control is critical to insure a successful seeding. a + e o v V W Iii V SCIENTIFIC NAME COMMON NAME % COMPOSITION BY WEIGHT GRASSES & GRASS-LIKE Bromus tectorum cheatgrass 60 $vorobolua crvvtandrus send dropseed 1 janicum centilitre witchgrasa T Erserosttz cilienensis stinkgress T Bordeum iubatuq wild barley 1 £chinochloa crue-aelit barnyard grass 2 Polvvovon monosneliensis rabbitsfoot T Aristide lonaiseta red threeawn I $romus inermis smooth brume T PhalarSs arundinacea reed canarygrass T Setarie viridis green fortail T type latifolia cat tail 'PORES Son za canadensia horseweed 1 }Lactuca scariols prickly lettuce 1 Kocbia 'coverts kochia 5 Cleome serrulata Rocky Mountain beeplant T HelianthuE annul sunflower 1 Convolvulus arvenstq field bindveed T Salsolf kilt Russian thistle 3 Polvtonum cennsvlvanicum Pennsylvania smartweed 10 lama crisour curly dock 1 Juvhorbia •DDt euphorbis T Solanum rostratum buffalobur nightshade T —23— 0659 Page 2 SCIENTIFIC NAME COMMON WANE 7. COMPOSITION HT WEIGHT peterotheca villose hairy goldaster T Peonies tenuiflora prairie clover T Helilotus officinally yellow sweet clover T Amaranthus retroflexus pigweed T Asclepiss speciosa showy milkweed T Ambrosia coronopifolia ragweed 1 Erigeron app. fleabane 3 Anemone polyanthemos prickly poppy Ipomoes leptophylla bush morning glory T Caura pa=vi olia giant gears T Apocynum cannabinum dogbane Y Xanthium italicum cocklebur. Circium arvense Canada thistle T Portulaca oleracea purslane T TREES Salim spp. willow Tamariz gallica salt cedar Y' Populus sargenti cottonwood Miscellaneous and traces 10 1002 -24- Soil description! 1—Altvan loam, 0 to 1 _rcent slopes. This is a deep, 21—D no clay loam, 0 to 1 percent dopes. This is a well drained soil on terraces at elevations of 600 to{,900 deep, well drained soil on terraces at elevations of x,550 to 4,970 feet. It formed in mixed alluvium. Included in feet. It formed in old alluvium deposited by the major rivers. Included in mapping are small areas of soils that mapping are small, long and narrow areas of sand and show evidence of poor drainage. Also included are small gravel deposits and some small leveled areas. Typically the surface layer of this Dacono soil is gray_ long and narrow areas of sand and gravel deposits fah brown clay loam about 12 inches thick.Typically the surface layer of the Altvan soil is grayish The subsoil is is brown grayish brown clay loam about 15 inches thick. The sub brown loam about 10 inches thick The subsoil and light yellowish brown day loam and sandy clay loam stratum is very gravelly sand. about 15 inches thick. The substratum is calcareous loamy Permeability is moderately slow. Available water capacity is moderate. The effective rooting depth is 20 to sand about 6 inches thick over gravelly sand 40 inches. Surface runoff is slow, and the erosion hazard Permeability and available water capacity are moderate. The effective rooting depth is 20 to 40 inches. is low. Surface runoff is slow,and the erosion hazard is low. T coil is used almost entirely for irrigated crops. It This soil is used almost entirely for irrigated crops. It is suited to all crops commonly grown in the area, inr]ud- big corn, sugar beets, beans, alfalfa, small grain, potatoes, is suited to all crops commonly grown in the area, inched- ing corn, sugar beets, bean alfalfa, small grain, potatoes, and onions. An example of a suitable cropping system is 3 , g 4 to 4 yean of alfalfa followed by co and onions. An example of a suitable cropping system is ll sugar beets, small beans. er y for silage, to 4 years of alfalfa followed by corn, corn for silage, teristics as a high claycontent or Generally, such m arble andsugar beetrapidlyall grain, or beans. The high clay content substratum slightly restrict some crops.rapidly permeable the permeable substratum slightly restrict All methods of irrigation are suitable, but furrow ir- some pa' rigation is the most common. Proper irrigation water All methods of irrigation are suitable, but furrow ir- management is essential. Barnyard manure and commer- rigation is the most common (fig. 4). Proper irrigation vial fertilizer are needed for top yields. water management is essential Barnyard manure and Windbreaks and environmental plantings of trees and commercial fertilizer are needed for top yields. shrubs commonly grown in the area are generally well Windbreaks and environmental plantings of trees and suited to this soil. Cultivation to control competing shrubs commonly grown in the area are generally well vegetation should be continued for as many years as suited to this soil Cultivation to control competing possible following planting. Trees that are best suited and (/ vegetation should be continued for as many years as have good survival are Rocky Mountain juniper, eastern possible following planting. Trees that are best suited and redcedar, ponderosa pine, Siberian elm, Russian-olive, and have good survival are Rocky Mountain juniper, eastern hackberry. The shrubs best suited are skunkbush sumac, redcedar, ponderosa pine, Siberian elm, Russian-olive,and lilac, Siberian peashrub,and American plum. hackberry. The shrubs best suited are skunkbush sumac, Openland wildlife, such as pheasant, mounting dove, lilac, Siberian peashrub, and American plum. and cottontail are best suited to this soil. Wildlife habitat This soil can produce habitat elements that are highly development, including tree and shrub plantings and suitable for openland wildlife, including pheasant, cotton- grass plantings to serve as nesting areas, should be sue- tail, and mourning dove. Such crops as wheat, corn, and cessful without irrigation during most years. Under ir- alfalfa provide suitable habitat for openland wildlife, citation, good wildlife habitat can be established, benefit- especially pheasant Tree and shrub plantings and big, many kinds of openland wildlife. undisturbed nesting cover would enhance openland wil- This soil has only fair potential for urban and recrea- dlife populations. bond development. Above the sand and gravel sub- This Altvan soil has fair to good potential for urban stratum the Soil has moderate to high shrink swell, low and recreational development The chief limiting soil tea- strength, and moderately slow permeability. These fu- tures for urban development are the shrink-swell poten- tares create problems in dwelling and road construction. tial of the subsoil as it wets and dries and the rapid Excessive permeability in the substratum can cause con- permeability of the sand and gravel substratum. Septic tammation of the ground water supply from septic tank tank absorption fields function properly, but in places the leach fields. Sewage lagoons need to be lined. Capability substratum does not contain enough fines to properly subclass Its irrigated. filter the Machete. Sewage lagoons require sealing. Lawns, shrubs, and trees grow well. Capability subclass ils irrigated. .ti 70g59 � / 1 is • \ SY 11 f)tal fit . . JI c^• 'Ia. X30 f 1 4 _ lill%II 4k ii., , C t(. , y. � 1 �; km,.."‘ .2 '• 21 �' ' I i :1-7- N.. • it ‘ .1,,.....L. .0:4, , \Hir 1/4 1 ;teal ie. , 1 r. .ice . R t • r !r IF : ' - '-# g s, .— -, . *.' r i`ti �` !!� S ' R.67 W I R 66W 1 �, C 1 4 50D0rat < 1 030 21X70 1 000 0 Scale 1:24 000 S coo Poo WELD COUNTY. COLORADO. SOUTHERN PART NO. 30 20059 ®t AFAIW age ', sand cedII .ti J•r6 rbrl RDI i •RU40 BOr•$Ole (',-g ORROO RC SOUL R(r 70 0057 R O &MR IN 00J,443$099 1767256 F Col I 110.400 e0]•A February 5, 1981 Mrs. Vickie Traxler Asst. Zoning Administrator Weld County Planning Department • 915 10th Street Greeley, Colorado 80631 RE: Determination of Non-Conforming Use, Sand and Gravel Operation in I-zone, Eh, Wh, SEA, Sec. 30, T1N, R66W except South 413 feet thereof. Dear Mrs. Traxler: If my understanding of our conversation on January 22, 1981 is correct, then the sand and gravel operation that we purchased in 1979, cannot be permitted by Weld County because it is within an industrial (I) zone. It is also my understanding that if the sand and gravel operation existed prior to the rezoning of the property from agricultural (A) to industrial (I) , and has been operated as such since that time, then it would be considered Non-Conforming Use. I have researched the ownership and use of the property since 1952. The following information is contained in the Weld County Recorder's Office: • 4/52 - Fred Debetz purchased this property along with numerous parcels in the area. • • 10/63 - Zoning changed from (A) to (I) by resolution of Weld County Board of Commissioners. 3/66 - Harold F. Baumgartner purchased this property from Fred Debetz. 6/79 - David B. Nystrom and David H. Stainton, dba C i M Sand Co. , purchased this property from Harold F. Baumgartner. A notarized statement of use by each previous owner has been obtained and attached, along with a copy of a 1980 aerial photo of the area. It can be seen from the photograph that this property has been extensively mined in the past. It is our intention to • Companies That Cam" S2CC59 Mrs. Vickie Traxier Page Two complete the extraction of the sand and gravel from this property and then over time, use "clean fill" to bring the property back to grade and develop for an industrial use. Therefore, we would prefer not to rezone the property back to Agricultural (A) in order to complete the mining of the sand and gravel. In order to obtain a mining permit from the Mined Land Reclam- ation Board, we need a determination from the Weld County Board of Commissioners that the sand and gravel operation complies with the Zoning Laws of Weld County. If this letter will serve as an appli- cation for determination, then please treat it as such. If a formal application is required, then please forward same along with the amount of any fees required. Your assistance is greatly appreciated. If you need any additional information or there are any questions, please feel free to call me at 443-1099. Very truly yours , Robert W. Lathrop Resource Manager RWL:psg 01059 ,,. . BRIGHTON VOLUNTEER FIRE DEPARTMENT, INC. BRIGHTON. COLORADO April 2, 1992 To Whom It May Concern, The property that is located at Weld County Road #4 and Highway 85, that is being rezoned by Mr. Norm Speak, 3382 Vivian Drive, Wheatridge, Colorado 80033 is located within the boundaries of the Brighton Fire Protection District. The average response time would be approximately four ( 4 ) to five ( 5) minutes from the nearest fire station to that location.Tr cerely, i h1;11 man J. ell, Jr. Fire Chief 1;20G59 F InAN MAPY ANN FEUERSTEIN CLERK L RECORDER W Er{LD CO, CO E%III DIT •B• ( )• + Reservations, restrictions, easements, encumbrances, and 1` : T rights of way incorporated by e documents arising from that ertaineSalel of orealspropertyn L located in Weld County, Colorado, by CmM Ready Mix Concrete !' Co. of Boulder, n Colorado corporation, on or about October elf, 10, 1984, to Norman C. Speak and/or Cottonwood Water Ski Club, Ltd., a Colorado Limited Partnernhlp, are an [oilown: fe I •{ (I • 1 . Trees due end payable;sod any lax,'reef l moments,charge or lien Imposed for wafer er sewer service,or for soy other specie!taxing district 9 Zr5 Right of way for the Ollheeny Ditch as granted to Thomas 011heeny by 1} Deed recorded February 21, 1098 in Book 157 at Page 76. - -I. (Affects iiw45E41 j • Right to deny or restrict each and every right of access to and from the land insured hereby, directly onto abutting street or highway designated as State Highway No. 1, along or across a line described as follows( G'( F 006-1 (121114 PARCEL N0. 9 EASTERLY LINE ..( Beginning at a point on the South line of the 5W4 of the NE4 of ,•.� Section JO, Township 1 North, Range 66 west of-the 6th P.N. , from which the Southeast corner of Section 10 beers SS7.40'E a distance r of 24)8.0 feet: F.�. 1. Thence Ni•19'E, a distance of 112.3 feet: 2. Thence N17•J8'w, • distance of 105.9 feet: _ f J. Thence 111•)9',, a distance of 250.0 feet to the center of a 20.0 foot paasagewsy reserved by the grantor: 4. Thence li1.19'E, a distance of 867.9 feet to the East-Went hl centerline of Section JO. 4. Terms, agreements, provisions, conditions and obligations as 'l contained in Agreement between the Central Colorado Water Conserv- ancy District and Harold r.eaumgartner, concerning the drilling r' of Wells end the construction of a system of ditches and rights of way therefor dated September 24, 1975 and recorded October 14, • 1f 1775 in Book 750 as Reception ptlon 110. 16 72248. • lFi 5. Oil and gas lease between CtM Sand Company, a Colorado Partnership,David B. Nystrom and David H. Stainton end Ted E. Amsbaugh, dated y{ August 28, 1980, recorded October 24, 1990 In Bock 918 as Reception Ho. 1839716, and any interests therein or rights thereunder.Aj VOTE: Extension of the above lease as claimed by Affidavit of Pro- 4 Y%. duction, pursuant to '7JCRS J8-42-106, by Barret Energy Company, re- YYnn corded February 28, 1904 in Book 1022as Reception No. 1957408. `•' s jl" 5 Mcranne Ditch and Second Extension and Enlargement and any and allrigh ti of way 1 therefore, 4 evidenced i yes Statements July 12. 198 in Book 1001 as Reception No 19JJ265`and 19J)267, in- sofar.as same may affect subject property. 7 . An undivided 4 interest to all oil, °gas and all thereof '5 D' as reserved by David D. Nystrom in the Deed to constituents C4N Ready Mix Concrete Co. of Boulder, a Colorado Corporation, recorded July 71. 1784 in Book 1037 as Reception No. 1974919, and any interests therein or;..g rights thereunder. 8 t Dirt Ditch, Power Line and Cutlet Pipes, and any and all rights of way therefore as shown by survey od Cecil R. Crowe. dated July 16. ,$ 7p 1984, rile No. J0-11!6-06. r ti� 1'a is{ d 0.l( COTTONWOOD WATER SKI CLUB LTD. LEEI, DESCRIPTION: All that part of the NW 1/4 of the SE 1/4 East of that portion conveyed to the State Highway Commission of Colorado by instrument recorded September 7. 1954 in Book 1399 at Page 126. Weld County Records and all that part of the SW 1/4 of the SE 1/4 except the South 413. 00 feet thereof and being East of that part conveyed to the State Highway Commission of Colorado by instruments recorded November 22. 1954 in Book 1405 at Page 137 and by instrument recorded December 16, 1954 in Book 1407 at Page 40 Weld County Records, the Parcels all being in Section 30. Township 1 North. Range 66 West of the 6th Principal Meridian. Weld County, Colorado. the balance being more particularly described as: Beginning at the Southeast corner of said Section 30: thence N89'59' 30'W on an assumed bearing along the south line of said Section 30 a distance of 1325. 00 feet to the Southeast corner of the W1/2 of the SE 1/4: thence N00'03 '45'E along the East line of said W 1/2 of the SE 1/4 a distance of 413. 00 feet to the TRUE POINT OF BEGINNING; thence continuing N00'03 ' 45'E along said East line a distance of 2230. 62 feet to the East-West centerline of said Section 30; thence N89'48' 2994 along said East-West centerline a distance of 718. 68 feet to a point on the Easterly Right-of- Way line of Highway 85: thence along said Easterly Right-of-Way line the following courses and distances: S02'01 '20"W a distance of 1117. 90 feet:517616' 04'E a distance of 105. 90 feet: S02'01 ' 20"W a distance of 112. 30 feet: N87'06' 20"E a distance of 70. 26 feet: N87'06' 20"E a distance of 47. 00 feet: 346'28' 34"W a distance of 66. 86 feet; 505'50' 20'W a distance of 150. 30 feet: 502'01 ' 20'W a distance of 713. 16 feet to a point 413. 00 feet North of the South line of said Section 30: thence 589'59 ' 30"E parallel with said South line a distance of 700. 04 feet to the TRUE POINT OF BEGINNING. Contains: 36. 626 acres more or less. Reserving any easements as recorded by instruments of recored or as now existing on said tract of land. v, CG59 AN 1'145295 0 10th PFC 01395295 l0/:h/Pd 16,59 $9.00 1/003 F 1661 MARY Anti FEUERSTEItt CLERK L PF•COPDER WELD CO, CO - b,obr a Stwp Tins l)Ern. M..1.Ihi. I0tll dry of October ... .---- . —. u8l,brl..•n CIA Ready Mix Concrete Co. of boulder, Slate 0 curnenl�n fee •mimeo, .Mly....pud en i d• .sln•under and lee virtue el the la..of ' .a s _1LLLDQ M.M,at..r Colorado nnh•f.r.l pert.end Cottonwood Water Ski Club, Ltd., a Colorado Limited Parntership `hn'•I•e•i.a' c/o Norman C. Speak, General Partner, 3382 Vivian Dr. , Wheatr ldge, CO 80033 oil for Fr",.•r and Matt of Colorado ..f lb.„rand part. I M IT'.I:ss/:Ill.Theo Ile..nl petit 4ih.fret part.fu,and on ran.nl.rWarn el the aura el ODE IIUNDP Eli THOUSAND l)Ol,I.ARS IS100,000.001 Ier1.I.AHp. rr.the iota l••tt)..I II.,for•t pin on hood peril.) the ecid pert .d th-.....4 p. 1.th-r.,dpt then-4r Inr.,. ram l.....1 and..a a...1.•Ind,In•re.trr her rented...14 and.mm..d end by lb..e....viol.4._..r•nt hit•rnn.r.11,..n.11,sn.l'taint,.iota,.Or..id pit y a thy••,..ndnet. Its hers and u•.n.. l.......ell*di he l.dl...lne flit,robed let ., eflsreL nluett.lpine end lrrnr in Or •mr.lyuf Weld vita Niet..l Colesdo.In ler'. See Exhibit A attached hereto, and incorporated by reference as though fully set forth herein and any water rights pertaining to the above described property, if any. ❑u warranties as to water rights are maple by Grantor. .r...tonal,0•tr..t and number vacant land tIM:ETDEK .nh •l1 and.maul., Or here.hl.mens end •pputt.n nr•. I It...untop b.h.neurr..r, .I. •1•Irr ,timnr,and the r.or. II ..or.mn. . nrrd•r ,rent.,I u . • t n • I,i. V .owt.,. o ,.t l end all rn swig.,I.. lute. ,rbr end d•m.nd.hel.urvr nl the.ua par ty.f the iota put.alb e 1.....kernin.d . , ranr•.wl.•rVrlT..11.in.nd,wrh- pT urh the h.r•dn.m iota nil•p Ill IIAT1:AND1V11o1.a,.•-internment'alone har prn.d and'Writhed.•Oh the eft ,unte 111.•..d Petty ..1 Or pert, Its Irmo and asinine f And Oreald Clan Ready Mix Concrete Co. of boulder, and.I. .• pany.•I th.Inn per I.Pr naafi. ,Lm .L.rse.r.and.....tor work the.nd parr/ at tbor.nd pit. `C1 Its t... ...4........lb.,.i threm.e the•n.r alone and blue y Ns h•..pens•.It se nil d,i 4.4 th•pa•rn one alien.........n'' .4. .1 ed.on.4 ...........1..t.0. ..lute and Indef.arid...,.. n el whoe.r.,on ,J v : I.-..n for..m1.l.T•nd h.r pondtieht.lull...w-. and Eifel eon l,n.,Iy I.. .her non..alt end roomy II.own.on matron•.d Porn,.In....Id..nd,lot the tame Ii•Irer en•I den I,nm an Ion non end ether e,.nn,I..pr..,.air., If i! iron. ............... I.n, mtre......l.h-I-.r,a.r.d...n. . .rr,excepl those rights of way, easements, taxes, encumbrances, and restrictions of record, and/or listed on Exhibit D attached hereto, and incorporated by reference as though fully act forth herein. n411..saw.•Lars enrol In mien.n Orr.Iron nod honor',N.I.en....,hos odrh.. r o its I.n•.nda . .•.n ...n Inertly •I M•en.rnd lmr. minim. oM end p. rP. •lu/utlY ran one ur l•rrl.Im in.•L..M or•,.,pail M.....1.N.r @alt peel el Ike Ina pit droll end.dl 9 MMA ST AND foto:rl:s pop:f 1:311. IS lIiV EMS 1111ENI:ol,Th.nod party we the lent pert b.......4'or r..r r•rnl.nom.to In,6e•unl•subset Ord I.,in Perudrnl.aM.wr..rMre-..-I lolr heron...al(...1.•.....•dby.t. sr...s,I.IIye dap.n/pear fm•t lawn.sltrn Allot. //(�'/ //{[///��/))) CLM Heady Mix Concrete Co. of �.!�iftl f 47/71 GC. IlnUfact, , GIP'►, �(f C I6,,,,(..f.,,d,.• 11. ar `,i• ...• , k}At1!M'1rILenAln. UIIlm ��...... e!•O4 r't'i.Znirrd MOULDER lb 4uraneme,.m-art.ar II knewledr.d blue m•l hit /al r( a.I.1 October 1,81 •IsDavld 0. Nystrom .. Fronton.and .en'^'.••,D,trick Groff Cl 5 a illi l!t,RIE•,rMix Concrete Co. of Moulder, a 9otpy?do Rrnrr.r.ewn mac:. •II,, •., p Mr tritons,r.mm..n..n..porrn f r,9 ,K� •/: Air W.t...a ml hen /•:�N• a �/ �•-a8` .• _ ndr.C .e—Ili• eug\' - e ui4 4},...?"- 1...,./de. C O • 1 K. os.' prep ,.......,_ ....,..._ ail, ........ . ..,.. ........ I ,... •-•am t,LeeO9 Fi i t. : R IOAR PEC 01995195 10/16/91 15:57' 59.00 I/007 � ' F -1665 NARY ANN FEVF.RSTEIN CL F,PK L PECOP�'59 WELD CO, CO 1'•�L-. EXHIBIT •A• 41{1si fYC Cp Legal Description Incorporated by Referent Into those certain documents arising from that cartel sole o! real Le property located !n Weld Count t County. Colorado by CLM Ready MI% ti_. Concrete Co, of Boulder, a Colorado corporation, on or about • October 10, 1984, to Norman C. Speak, and/or Cottonwood ,�y.1Ny�Water Ski Club, Ltd., a Colorado Limited Partnership. M�.! Land in the County of Weld, State of Colorado, described as hi lt: r yt• i 1 All that part of the tflO of the SE5 being Cast of that portion c:.:':eked to the State P 1 ',(1 recorded September ), Highway Ceomi139 of Colorado by t part of the 54: 1954 In Book 1)99 at Page 176, and lallr that an: 5 of the 5C5 i ya i =/CEP7 the South 413.00 feet thereof, and conveyed to the State Highway befog Cast of that part . recorded ;:cve-ber 22, 1954 In took! Page1405natf Colorado1 , Instruments , 16, 1954 in Book 1407 at Page 40, and nc December JO, 9 the parcels all being in Section S, Township 1 sc rth, Pangs 66 West of the 6th P.M„ being more particularly described as t I trn:,.:ING atSoutheast thence ;:79.59'JO'Won corner an assu.•+ed bearing of dalong It he 35 South line of said Section 20, a distance of ,375.00 feet to the Southeast corner of the . 0, of the 5£4t thence .:00.07'45"E along the East line of said l:5 57.4 a distance of 412.00 .feet to the MC POINT or SEGimitic: thence continuing s00.OJ'<S•E . l•' 7730. 62 feet to the East-nest centerline of s said t nSectione a t io, of ',, thence ;:49.41'79"W along said E of feet to a point on the ut-::esc centerline • highway ees 7;8,68 4'.%thence along said Easterly right of way line of Highway e5: �S4 and distances: asterly right of way line the following courses !' 507.01'70"W, a distance of 7117.90 feet: a4�r • Si7.16'0/-s, a distance of 105.90 feet: tr iS 502.01'20"W, a distance of 112. )0 feet; i 68)•06'10'[, t . I;8)•06'70• a distance of )0.16 feet: 546.78'31•;4 a distance of 66.86 feet distance of 47.00 : .�4' i SOS•50'20-W, a distance of 150.30 feet: a1� 50.2•01.20"N a distance of 713.16 feet to a point 413.00 feet North of ere South line of said Section 20, thence 569.59'30-C parallel with said South line a distance of 700.04 i $ feet to the TRUE POINT OF BEGINNING ,1 . III' i . Ad cif itr k; {iP. i i Lanneempt . 1t fi si Tc 4 79 tti 010;t DEPARTMENT OF PLANNING SERVICES PHONE(303)3564000,EXT.4400 ' 915 10th STREET GREELEY,COLORADO 80631 C. COLORADO May 1, 1992 CASE NUMBER: USR-968 TO WHOM IT MAY CONCERN: Enclosed is an application from Cottonwood Water Ski Club, Ltd. , c/o Norman Speak for a Site Specific Development Plan and a Special Review Permit for gravel mining. The parcel of land is described as part of the NW4 SE4 and SW4 SE4 of Section 30, T1N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north of Weld County Road 4, east of and adjacent to U.S. Highway 85. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by May 15, 1992, so that we may give full consideration to your recommendation. Please call Keith A. Schuett, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: Agency: Date: t"? *CJs AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property COTTONWOOD WATER SKI CLUB LTD. STATE OF COLORADO 1 BO. 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 lessees of minerals 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, from an ownership update from a title or abstract company, or an attorney. The foregoing instrument was subscribed and sworn to before me this 72, 2 day of (iy"c 1 • 19 By yl C� Lee\aum__ 21C___ • WITNESS my hand and official seal. My Commission expires: I —c7-(4- _"qL. / Notary Public i C{y0059 AFFIPA"IT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property COTTONWOOD WATER SKI CLUB LTD. SATE OF COLORADO ss. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge, the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within 500 feet of the property which is the subject of the application. This list was compiled from the records of the Weld County Assessor, an ownership update from a title or abstract company, 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 30 days of the application submission date. The foregoing instrument was subscribed and sworn to before me this 7 41day of 4 F t \ — 19 , by 4/1 C WITNESS my hand and official seal. My Commission expires: 2, 7 _(-1(7 Notary 1;206,59 Hello