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'': i-. ; a 21 2- a- s' g g8 I,II % M m / / 2 11:`^4 S. S'> 6 g< a !,..115 W. g7 98 ti ii' )....—"J JLn 0 © _-!� �. 1 ( ) ~ MI! Li €8a 2 -d €°. sag? 418 .ea a1 4i 48 s' - -\\ _ 'Tv6 ? - 4 - • . . - - - 2 .. a .. �sFP' ki iI ap 0 v Opt O /o� U) �O , )7,,,s-- M 1 I n G!-Re,A72 RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED SPECIAL REVIEW PERMIT FOR OPEN-PIT MINING (EXTRACTION OF SAND AND SOIL) IN THE A (AGRICULTURAL) ZONE DISTRICT - ART'S FERTILIZER COMPANY, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 16th day of June, 1993, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Art's Fertilizer Company, Inc. , 3900 East 56th Avenue, Commerce City, Colorado 80022, for a Site Specific Development Plan and Amended Special Review Permit for open-pit mining (extraction of sand and soil) in the A (Agricultural) Zone District on the following described real estate, to-wit: Part of the SE4 SW4 of Section 1, Township 1 North, Range 66 West of the 6th P.M. , Weld County, Colorado WHEREAS, Art Suppi, said applicant, was present, and WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards for review of said Amended 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: 930522 SPECIAL REVIEW PERMIT - ART'S FERTILIZER COMPANY, INC. PAGE 2 a. This proposal is consistent with the Weld County Comprehensive Plan's Mineral Resource Goals and Policies, the 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. b. The proposal is consistent with the intent of the Agricultural Zone District and is provided for as a Use by Special Review. c. The proposed use will be compatible with the surrounding land uses which primarily include agricultural production and other agricultural uses. d. The proposed use will be compatible with the future development of the surrounding area as permitted by the existing zoning and with the future development as projected by the City of Fort Lupton. The City of Fort Lupton has no objections to the proposed use. e. No overlay districts affect this site. f. 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 Amended Special Review Permit for open-pit mining (extraction of sand and soil) 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. Within 30 days of approval by the Board of County Commissioners, the applicant shall submit a dust abatement plan to the Weld County Health Department for approval. 930522 • AN EXAMPLE PUBLIC NOTICE WHICH MEETS THE REQUIREMENTS OF THE LAW IS SHOWN BELOW. YOU WILL NEED TO FILL IN THE BLANKS WITH DATES ACCORDING TO THE FOLLOWING INSTRUCTIONS. PLEASE READ CAREFULLY. PUBLICATION INSTRUCTIONS • Date of commencement and date of completion should represent the dates which you feel most accurately describe the life of the operation. For all Limited Impact (110(2) ) Operations , this notice must be published once within 10 days of the date of submittal . The final date for receiving comments is 10 days after the date of publication. For all Regular (112) Operations, this notice must be published once a week for four consecutive weeks, starting within 10 days of the date of submittal . The final date for receiving comments is the 20th day after the fourth publication or the next regular business day. All notices m.ist be published in a newspaper of general circulation in the locality of the proposed mining operation and mailed to the landowners as set forth in the rules. Since the date for consideration of your application may change, DO NOT include it in this notice. For a complete discussion of the notice procedures and objections, please refer to C.R.S. 34-32-112 (10) , 110(7) (c) , 114 , and 115. PUBLIC NOTICE (Operator Name) ART'S FERTILIZER CO, INC, ; (Address and Phone) 'Ignn SGT 56th _ has filed an app ication -or a i fining and ec amat on perms wi ne olorado Mined Land Reclamation Board under provisions of the Colorado Mined Land Reclamation Act. The proposed mine is known as the (Name of Mine) ART'S FERTILTUR CO TNCt and is located at or near Section 1 sw4 $F1 , Township 1 Nnval Range 66 WEST , prH p M Prime Meridian. The proposed date of commencement is ,TANTTARy 1St , and the proposed date of completion is UNKNOWN , . The proposed future use of the land is (Future Candu se) AGRICULTURE QR BUILDING SITE. Additional information and tentative decision date may be ootalnea from the Mined Land Reclamation Division, 1313 Sherman Street, Room 215, Denver, Colorado 80203 (30 3) 866-3567, or (County Name) wpm County Clerk & Recorder; (Clerk & Recorder's Address) 1402 NORTH 17t-hAVFTITTF., cR1 FT,Pv, CO 80631 or the above-named applicant. Written comments must be received by the Mined Land Reclamation Board by 5:00 p.m. on , 19 2833F (01 /91 ) JIAI Ur LULURAUU MINED LAND RECLAMATION DIVISION 2epa't'—e^' c' NaL'a Reso„ices o '3'3 S"e ^a^St Room 215 *'? - De-ver CC 83203 js* ?C3 866 3567 \/E?6/ r x 303 832 8'06 - Roy Rone Cloven°' M.chae B Long D v s'o^D lector PERFORMANCE WARRANTY • • pe' ator ART'S FFRTTTT9.FR Cn TNC_ -- perat'Cn • ART'S FFRTTT,T7FR co_ TNC', .7erm . No -- - vE\ RESENTS, -mA_ ,,-EREAS , the a: _raeo M• red _and Rec- a'at'on Act , CRS as amencec . -4-32-'3' et seq. (the Act") , as. amended, provides that no permit may be 'ss„ed under the Act until the Mined Land Reclamation Board (the 'Board") '"ece".es a performance warranty (or warranties) that i5 a written pomise to __-p'j w' th all applicable requirements of the Act . WHEREAS, ART'S FRRTTT,T7FR cO. TNC_ the 'Cpe-ator" ) . "as :p' ' ec for a Derr; t to conduct a m' n- ng ooerat'or known as ART'S FERTTLIZER TN(' (the "Operation") on certain . arcs in WELD _2.,nty. Colo-ado. These 'ands are described in the permit application , as a-e^ded and supplemented , and are referred to herein as the "Affected Lancs" . WHEREAS, in its application for the permit, the Operator has agreed to be bound by all requirements of the Act and all applicable rules and regulations of the Board, as amended from time to time WHEREAS , the Board has determined , in accordance with the Act , that the estimated costs of reclamation with regard to those affected lands in fE,D County which are now or may become subject to the permit are those amounts for the stated periods of time as set forth in the financial warranty, which may be amended from time to time to reflect revised estimates of said costs of reclamation . WHEREAS , the Operator hereby gives the Board a performance warranty p rsuart to Section 34-32-117(2) of the Act, and herein promises the Board that it will comply with all applicable requirements of the Act with regard to those Affected Lands . SPECIAL REVIEW PERMIT - ART'S FERTILIZER COMPANY, INC. PAGE 3 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of June, A.D. , 1993. BOARD OF COUNTY COMMISSIONERS ATTEST: (01 � 4 WELD COUNTY, COLORADO Weld County Clerk to the Board Consta ce L. Har ert, Chairman • BY:44er-/ Deputy Cl r to the Board W. H e ster, jo-Tern APPROVED AS TO FORM: C_ Georg . Baxte o my Attorn y Da e K. Hall Aarbara J. Kirkmeer 4 930522 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS ART'S FERTILIZER COMPANY, INC. AMENDED SUP #460 1. The Site Specific Development Plan and Special Review Permit is for open-pit mining (extraction of sand and soil) 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. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 4. Any required emissions permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health, for fugitive dust and odors. 5. No permanent disposal of wastes shall be permitted at this site. 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. Adequate toilet facilities shall be provided for the employees. 9. The facility shall have sufficient equipment available to implement the approved dust control as required by the Health Department. The dust abatement plan shall be maintained on site at all times. 10. The applicant shall remove, handle, and stockpile overburden, soil, and sand, from the facility area in a manner that will prevent nuisance conditions. 11. All construction activities that disturb more than five (5) acres will be required to obtain a stormwater discharge permit from the Colorado Department of Health, Water Quality Control Division. 12. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 13. The property owner or operator shall be responsible for complying with the operation policies of Section 44.4 of the Weld County Zoning 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. 930522 DEVELOPMENT STANDARDS - ART'S FERTILIZER COMPANY, INC. PAGE 2 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 property shall be maintained in accordance with Section 35-72-101, Colorado Revised Statutes, regarding wind erosion and weed management. 18. 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. 19. 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. 930522 y HEARING CERTIFICATION DOCKET NO. 93-34 RE: SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED SPECIAL REVIEW PERMIT FOR OPEN-PIT MINING (EXTRACTION OF SAND AND SOIL) IN THE A (AGRICULTURAL) ZONE DISTRICT - ART'S FERTILIZER COMPANY, INC. A public hearing was conducted on June 16, 1993 at 10:00 A.M. , with the following present: Commissioner Constance L. Harbert, Chairman Commissioner W. H. Webster, Pro-Tem Commissioner George E. Baxter Commissioner Dale K. Hall Commissioner Barbara J. Kirkmeyer Also present: Acting Clerk to the Board, Shelly Miller Assistant County Attorney, Lee Morrison Planning Department representative, Chuck Cunliffe The following business was transacted: I hereby certify that pursuant to a notice dated May 26, 1993, and duly published June 3, 1993, in the Windsor Beacon, a public hearing was conducted to consider the request of Art's Fertilizer Company, Inc. , for a Site Specific Development Plan and Amended Special Review Permit for open-pit mining (extraction of sand and soil) in the A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this a matter of record. Chuck Cunliffe, Planning Department representative, entered the favorable recommendation of the Planning Commission into the record as written. Mr. Cunliffe submitted a letter from the Platte Valley Soil Conservation District as Exhibit G; a memo from John Pickle, Health Department, concerning a letter from Arthur Suppi as Exhibit H; and Mr. Suppi's sign posting certificate as Exhibit I. He suggested adding a Development Standard concerning wind erosion and weed management, pursuant to the letter from the Soil Conservation District. Mr. Cunliffe stated the abovementioned letter, dated May 28, 1993, from Mr. Suppi meets the requirements for Development Standards #6 and #8, concerning fugitive dust control and toilet facilities, as indicated in Mr. Pickle's memo. Art Suppi, applicant, stated he has had a Permit for ten acres since 1982; however, he would like to extend to 38 acres to level a hill. Mr. Suppi submitted pictures of said hill for the record as Exhibits E and F. He said he would like to build a house there and retire. Mr. Suppi said the mining is not a full-time operation. He explained his current contract with Cat Construction for the Fort Lupton Water Treatment plant. In response to a question from Commissioner Kirkmeyer, Mr. Suppi said he personally owns only one truck and normally hauls in the fall. The construction company has only one phase left, which is supposed to be completed next month. Mr. Suppi said the construction company uses several trucks, but it also maintains the road. (Changed to Tape #93-21 during Mr. Suppi's presentation. ) Commissioner Kirkmeyer said she has received calls about dust in the area on Weld County Road 12. In response to questions of the Board, Mr. Suppi said the property has some cover, but it does blow sometimes. He said he generally does all the excavating himself; however, Cat is loading now for Fort Lupton. Mr. Cunliffe said Mr. Suppi and Mr. Pickle have resolved the dust control issue. Mr. Suppi said if the dust becomes a problem, he can access a water truck. He reiterated that Cat watered the road while hauling, which occurred for only five days about three months ago. Mr. Cunliffe said Weld County Disposal is in the area and noted that Weld County Road 12 dead ends at Mr. Suppi's property going east. Mr. Suppi said there is one neighbor approximately one-half mile south, and the only other facility in the area is the oil company. Mr. Suppi said 99 percent of his hauling is done in the winter months. There was further discussion concerning dust 930522 Pkose0t/' ; , . . RE: HEARING CERTIFICATION - ART'S FERTILIZER COMPANY, INC. PAGE 2 abatement. Mr. Cunliffe said on average there are only one or two trucks per week at this facility, and activity is limited to winter months. He said there were no complaints before or after the Planning Commission hearing. There was no public testimony offered concerning this matter. After confirming that Mr. Suppi was agreeable to all Conditions of Approval and Development Standards, Commissioner Webster noved to approve the request of Art's Fertilizer Company, Inc. , for a Site Specific Development Plan and Amended Special Review Permit for open-pit mining (extraction of sand and soil) 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 Hall. Mr. Cunliffe confirmed that the motion included the addition of Development Standard #17 regarding erosion and weed management. Commissioners Webster and Hall both concurred, and the motion carried unanimously. This Certification was approved on the 21st day of June, 1993. APPROVED: /1i ATTEST: ( BOARD OF COUNTY COMMISSIONERS '0°174 i `` V WEI COUNTY, COLORADO Weld County Clerk to he Board /`/ i// By: / 'C2�f� 4/<,/..-e-(,_s/;e-- -,_- Constance L, + rbeft, Chairman Deputy Clerk to the B rd o fA A 4.2,e2)2117-::4 W. H. bster, Pro yrem TAPE #93-20 & #93-21 e%/e e (--4--4 '74----24::' org Baxte DOCKET #93-34 ./ Da K. Hall PL0564 A U' GG aia-k--- _,67LGC',/L- arbara J. Kirkmeypr O 930522 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 16th DAY OF June 1993: DOCKET 1/ 93-35 - Special Review Permit, LeRoy Bellmore DOCKET 1! 93-41 - Liquor renewal, Ronad Fahrenholtz, dba CJ's Liquors DOCKET 4i 93-33 - Substantial Change, Dallas L. Schneider (Joed Corp) DOCKET it 93-34 - Amended Special Review Permit, Art's Fertilizer Company, Inc. DOCKET 11 93-36 - Special Review Permit, Burl Van Buskirk PLEASE write or print your name legibly, your address and the DOCKET 41 (as listed above) or the name of the applicant of the hearing you are attending. NAME ADDRESS HEARING ATTENDING Qenwidiee CI go<,y2 .4,Z - .�', ,_ Sao �l �� l ��u: F ��G" q- .11124iC _ Ta, /U. //z2k(7 Ors rnL lly= C, / � ,-3-7_57 39 ' " L1/43C low N ov vv T � _.3 5 ze-Q/ii-/Ar2 i S S 4ve .O v7 GJ kr -t VOSkrr 7S1 co ► o Lo,ncvnar* �3 0--7ectir 00 5 d'el,"..1-0A21.- 1)(6j-e12/"Ck- . vu et' leS5 4-9N a trice% (fpn q3 jG ' y 1 i�2.L iS OCR �rrinii�if �t nN :��r�a7 c '�1�� q3✓J 930522 LAND-USE APPLICATION SUMMARY SHEET Date: May 11, 1993 CASE NUMBER: AM SUP-460 NAME: Art's Fertilizer Company, Inc. ADDRESS: 3900 E. 56th Avenue Commerce City, CO 80022 REQUEST: A Site Specific Development Plan and a Special Review permit for open pit mining (extraction of sand and soil) in the A (Agricultural) zone district. LEGAL DESCRIPTION: The SE4 SW4 of Section 1, T1N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 3 miles east of the City of Ft. Lupton. SIZE OF PARCEL: 38.372 acres, more or less. POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this Special Review permit is listed in Sections 24.3 and 44 of the Weld County Zoning Ordinance. The Department of Planning Services staff has received responses from the following agencies: 1. Weld County Health Department. 2. Colorado Division of Minerals and Geology The Department of Planning Services' staff has not received any responses from the following agencies: 1. Weld County Engineering Department. 2. City of Ft. Lupton. 3. Brighton Soil Conservation District. The Department of Planning Services' staff has not received any objections from surrounding property owners. 930522 DATE: May 18, 1993 CASE NUMBER: AM SUP-460 NAME: Art's Fertilizer Company, Inc. ADDRESS: 3900 E. 56th Avenue, Commerce City, Colorado 80022 REQUEST: A Site Specific Development Plan and a Special Review permit for Open Pit Mining (Extraction of Sand and Soil) in the A (Agricultural) zone district. LEGAL DESCRIPTION: The SE4 SW4 of Section 1, T1N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 3 miles east of the City of Ft. Lupton. 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 Sections 24.7 and 44 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 Resource Goals and Policies, the 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 proposal is consistent with the intent of the Agricultural zone district and is provided for as a Use by Special Review. - The proposed use will be compatible with the surrounding land uses which primarily include agricultural production and other agricultural uses. The proposed use will be compatible with the future development of the surrounding area as permitted by the existing zoning and with the future development as projected by the City of Fort Lupton. The City of Fort Lupton has no objections to the proposed use. - No overlay districts affect this site. - Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. 930522 RECOMMENDATION, AM SUP-46O Art's Fertilizer Company, Inc. Page 2 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. Within 30 days of approval by the Board of County Commissioners, the applicant shall submit a dust abatement plan to the Weld County Health Department for approval. 930s22 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Art's Fertilizer Company, Inc. Amended SUP-460 1. The Site Specific Development Plan and Special Review permit is for open pit mining (extraction of sand and soil) 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. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 4. Any required Emissions Permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health, for fugitive dust and odors. 5. No permanent disposal of wastes shall be permitted at this site. 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. Adequate toilet facilities shall be provided for the employees. 9. The facility shall have sufficient equipment available to implement the approved dust control as required by the Health Department. The dust abatement plan shall be maintained on site at all times. 10. The applicant shall remove, handle, and stockpile overburden, soil, and sand, from the facility area in the manner that will prevent nuisance conditions. 11. All construction activities that disturb more than five (5) acres will be required to obtain a stormwater discharge permit from the Colorado Department of Health, Water Quality Control Division. 12. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 13. The property owner or operator shall be responsible for complying with the operation policies of Section 44.4 of the Weld County Zoning Ordinance. 934522 RECOMMENDATION, AM SUP-460 Art's Fertilizer Company, Inc. 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 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. 930522 RESOLUTION, AM SUP-460 Art's Fertilizer Company, Inc. Page 2 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 Planning Commission's 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. Within 30 days of approval by the Board of County Commissioners, the applicant shall submit a dust abatement plan to the Weld County Health Department for approval. Motion seconded by Shirley Camenisch. VOTE: For Passage Against Passage Richard Kimmel Tom Rulon Bill O'Hare Judy Yamaguchi Shirley Camenisch Bud Clemons 9005 RESOLUTION, AM SUP-460 Art's Fertilizer Company, Inc. Page 3 The Chairperson 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 May 18, 1993. Dated the 18th of May, 1993. 4°1)14(:) Sharyn . Ruff Secretary 9J052 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Art's Fertilizer Company, Inc. Amended SUP-460 1. The Site Specific Development Plan and Special Review permit is for open pit mining (extraction of sand and soil) 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. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 4. Any required Emissions Permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health, for fugitive dust and odors. 5. No permanent disposal of wastes shall be permitted at this site. 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. Adequate toilet facilities shall be provided for the employees. 9. The facility shall have sufficient equipment available to implement the approved dust control as required by the Health Department. The dust abatement plan shall be maintained on site at all times. 10. The applicant shall remove, handle, and stockpile overburden, soil, and sand, from the facility area in the manner that will prevent nuisance conditions. 11. All construction activities that disturb more than five (5) acres will be required to obtain a stormwater discharge permit from the Colorado Department of Health, Water Quality Control Division. 12. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 13. The property owner or operator shall be responsible for complying with the operation policies of Section 44.4 of the Weld County Zoning 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. 930t22 DEVELOPMENT STANDARDS, AM SUP-460 Art's Fertilizer Company, Inc. Page 2 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. 9;10522 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: Art's Fertilizer, Company Case Number: Amended SUP-460 Submitted or prepared r191 to Hearing At Hearing 1. Application 13 pages X 2. 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. DPS Maps Prepared by Planning Technician X 8. Affidavit of Publication - Planning Commission X Meeting 9. DPS Case File Summary Sheet X 10. DPS Field Check X 11. Memo dated April 20, 1993, from John Pickle, X Director, Environmental Protection Services 12. Letter dated April 16, 1993, from the Division X of Minerals and Geology 13. Referral response dated April 13, 1993, X from the Division of Minerals and Geology 14. Referral response dated May 12, 1993, from X Weld County Engineering Department 15. Referral response dated May 11, 1993, from X City of Fort Lupton I hereby certify that the 15 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 May 19, 1993. *'----......."....---C.A.A.itt— Chuck Cunliff , Director C ‘ STATE OF COLORADO ) COUNTY OF WELD ) . t (�L� SUBSCRIBED AND SWORN TO BEFORE ME THIS {� day of 19C);73 SEAL• QO' vE4 .v ydo }o NOT Y PUBLIC i ; V - r ( • My Commission Expires liJ Rt.�7ial 11$U04'�]T1tg2 21,) l-` Up - "vb.... ..... •'.., 1r 6xd/ ;/ , 7L 4 930522 Z;;.t' 4.411 1.111 DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT.3540 WELD COUNTY ADMINISTRATIVE OFFICES O 1400 N.17TH AVENUE GREELEY, COLORADO 80631 • COLORADO April 9, 1993 Mr. Art Suppi Art's Fertilizer Company 3900 E. 56th Avenue Commerce City, CO 80222 Subject: Amended SUP-460 - Request for a Site Specific Development Plan and an Amended Special Review permit for open pit mining (extraction of sand and dirt) in the A (Agricultural) zone district on a parcel of land described as the SE4 SW4 of Section 1, T1N, R66W of the 6th P.M. , Weld County, Colorado. Dear Mr. Suppi: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Planning Commission for May 18, 1993, at 1:30 p.m. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members might have with respect to your application. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Ft. Lupton Planning Commission for its review and comments. Please call Dave Yamada, at 356-9225, 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 Ft. Lupton Planning Commission Meeting to answer any questions the Commission members may have with respect to your application. It is the responsibility of an applicant to see that a sign is posted on the property under consideration at least 10 days preceding the hearing date. Sometime prior to May 5, 1993, you or a representative should call me to obtain a sign to be posted on the site no later than May 7, 1993. The sign 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 certificate must be returned to the Department of Planning Services' office on or before the date of the hearing. 930522 Art's Fertilizer Company April 9, 1993 Page 2 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 call me. Respectfully, C--\(\\It 6 :1.-Xii.4-1 Chuck Cunliffe, AICP Director CAC/sfr 90$22 • • DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT.3540 WI WELD COUNTY ADMINISTRATIVE OFFICES O 1400 N.17TH AVENUE GREELEY, COLORADO 80631 • COLORADO February 12, 1993 Mined Land Reclamation Division Department of Natural Resources Attention: Carl B. Mount, Senior Reclamation Specialist 1313 Sherman Street, Room 215 Denver, CO 80203 Subject: Art's Fertilizer Company, Inc. , Permit No. M-80-205, located in part of the SW4 of the SE4 of the SW4 of Section 1, T1N, R66W of the 6th P.M. , Weld County, Colorado. Dear Mr. Mount: The Weld County Department of Planning Services' staff has reviewed the request described above for a state mining permit. The proposed mining operation of 38.372 acres would be considered a material deviation from the approved County Mining Permit SUP-460 that was approved in 1981 for ten acres. The 38.372 acre mining operation would require the approval of an Amended Special Review permit. Weld County requests that the approval of the mined land reclamation permit be contingent upon the applicant first obtaining approval from Weld County for an Amended Special Review permit prior to mining being conducted on this property. Please write me if you have any questions. Respectfully,•e� t 17,";00,'"ek,,;--- Current Planner KAS/sfr pc: USR-460 Art's Fertilizer Co. Inc. Attention: Authur H. Suppi 3900 East 56th Avenue Commerce City, Colorado FIELD CHECK FILING NUMBER: Amended SUP-460 DATE OF INSPECTION: May 6, 1993 APPLICANT'S NAME: Art's Fertilizer Co. , Inc. • REQUEST: Site Specific Development Plan and a Special Review permit for a gravel mine. LEGAL DESCRIPTION: SE4 SW4 of Section 1, T1N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1/4 mile east of Weld County Road 35 north of and adjacent to Weld County Road 12. LAND USE: N Pasture E Pasture S Rural residence, Speer Canal, dryland pasture, brine water disposal W Pasture ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: The access if off of Weld County Road 12. There is one residence located south of the property. The property slopes from the north down to the south. A portion of the property has been mined (material is a fine sand) . e' �t A. Schuett, Current Planner 930522 NOTICE The Board of County Commissioners of Weld County, Colorado, on June 16, 1993, conditionally approved a Site Specific Development Plan and Amended 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: Art's Fertilizer Company, Inc. 3900 East 56th Avenue Commerce City, Colorado 80022 LEGAL DESCRIPTION: Part of the SE4 SW4 of Section 1, Township 1 North, Range 66 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: Open-pit mining (extraction of sand and soil) in the A (Agricultural) Zone District SIZE OF PARCEL: 38.372 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: Deputy C rk to the Board PUBLISHED: June 24, 1993, in the Windsor Beacon • 93Os THE SIGN 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. PLANNING COMMISSION SIGN POSTING CERTIFICATE I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING COMMISSION HEARING FOR CASE # Amended SUP-460 THE SIGN WAS POSTED BY: NAME OF PERSON POSTING S G SIGNATURE OF APPLICANT STATE OF COLORADO ) ss. COUNTY OF WELD ) SUBSCRIBED AND SWORN TO ME THIS /t.m DAY OF (/ /.2_,/r7.,,,,/ 19 3. SEAL N ARY PUBLIC MY COMMISSION EXPIRES 94/.9/ . " LAST DAY TO POST SIGN IS: May 7, , 19 93 PLEASE RETURN THIS FORM TO THE DEPARTMENT OF PLANNING SERVICES' OFFICE ON OR BEFORE THE DATE OF THE HEARING. v �L71C APR 2 0 1993 n n no ryl,nnf r, 930Szz AFFIDAVIT OF PUBLICATION NOTICE TYPE STATE OF COLORADO The Board of INTENSITY AND ss C o u n t y OF APPROVED COUNTY OF WELD Commissioners of USE: Open ptt Weld County, I, KEITH HANSEN, of said County of Weld,being duly Colorado, on June mining (extraction sworn,say that I am publisher of 16, 1993 of sand and soil) in conditionally the A(Agricultural) WINDSOR BEACON approved a Site Zone District Specific SIZE OF a weekly newspaper having a general circulation in said Development Plan PARCEL: 38 3/2 County and State, published in the town of WINDSOR, and Amended acres, more or in said County and State; and that the notice, of which Special Review less the annexed is a true copy, has been published in said Permit for the weekly for / successive weeks, that the notice property and Failure to abide by was published in the regular and entire issue of every purpose described the terms and number of the paper during the period and time of below conditions of publication, and in the newspaper proper and not in a supplement, and that the first publication of said notice C o n_d i t i o n a I approval will result approval of this in a forfeiture of was in said paper bearing the date of the plan creates a the vested , -��- t� day ofi b AD., 19 '9',-.3 and vested property property right. right pursuant to publication eanngthe date of the Article 68 of Title BOARD OF 24, C.R.S., as C O U N T Y day of , A.D., 19 and that the said WINDSOR BEACON has been published amended, for a COMMISSIONER continuously and uninterruptedly for the period of 5 period of three S, WELD years COUNTY consecutive weeks,in said County and State, prior to the COLORADO date of first publication of said notice, and the same is a APPLICANT: Art's newspaper within the meaning of an Act to regulate printing of legal notices an advertisements, approved Fertilizer BY: DONALD D. May 18, 1931,and all prior cts r as in force. Company, Inc., WARDEN, CLERK 3900 East 56th TO THE BOARD A v e n u e , Commerce City, BY: SHELLY K. P LISHER Colorado 80022 MILLER, Deputy Clerk to the Board --9atik LEGAL Subscri d and sworn to before me this day DESCRIPTION: Published in the of 19 Part of the SE1/4 Windsor Beacon SW 1/4/4 of Section on June 24,1993. ^1AK- � ^-d 1, Township 1 NO Y UBLIC North, Range 66 West of the 6th My commission expiresC Q f Z/ / l�i,� , P.M., Weld County, Colorado 401 NOTICE 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 Amended 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: 93-34 APPLICANT Art's Fertilizer Company, Inc. 3900 East 56th Avenue Commerce City, Colorado 80022 DATE: June 16, 1993 TIME: 10:00 a.m. REQUEST: A Site Specific Development Plan and Amended Special Review Permit for open-pit mining (extraction of sand and soil) in the A (Agricultural) Zone District LEGAL DESCRIPTION: Part of the SE4 SW4 of Section 1, Township 1 North, Range 66 West of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 3 miles east of the City of Fort Lupton, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Linda M. Dodge Deputy Clerk to the Board DATED: May 26, 1993 PUBLISHED: June 3, 1993, in the Windsor Beacon 930522 AFFIDAVIT OF PUBLICATION STATE OF COLORADO ss COUNTY OF WELD I, KEITH HANSEN, of said County of Weld, being duly Street, Third Floor, sworn,say that I am publisher of NOTICE Greeley,Colorado Pursuant to the zoning DOCKET NO 93-34 WINDSOR BEACON laws of the State of Colorado and the Weld APPLICANT Art's a weekly newspaper having a general circulation in said County Zoning Fertilizer Company, County and State, published in the town of WINDSOR, Ordinance, a public Inc., 3900 East 56th in said County and State; and that the notice, of which hearing will be held in Avenue, Commerce the Chambers of the City,Colorado 80022 the annexed is a true copy, has been published in said Board of County weekly for 1 successive weeks, that the notice Commissioners of Weld DATE June 16,1993 County,Colorado,Weld was published in the regular and entire issue of every County Centennial TIME.10:00 a m. number of the paper during the period and time of Center, 915 10th publication, and in :he newspaper proper and not in a Street, First Floor, REQUEST: supplement, and that the first publication of said notice Greeley,Colorado, at A Site Specific was in said paper bearing the date of the the time specified. All Development Plan anc persons in any manner Amended Specia interested in the Site Review Permit for 1day of 9 btmG-0-- , A.D., 19 2_ and Specific Development open-pit mining the last publication bearing the date of the Plan and Amended (extraction of sand and Special Review Permit are requested to attend soil) in the A day of , A.D., 19 and and maybe heard. (Agricultural)tural} Zone that the said WINDSOR BEACON has been published Should the applicant or continuously and uninterruptedly for the period of 5 LEGAL DESCRIPTION: consecutive weeks,in said County and State prior to the any interested party Part of the SE1/4 ' desire the presence of SW1/4 of Section 1, date of first publication of said notice, and the same is a a court reporter to Township 1 North, newspaper within the meaning of an Act to regulate make a record of the Range 66 West of the printing of legal notices an advertisements, approved proceedings,in addition 6th P M,Weld County,y May 18, 1931,and all prior cts r as in force. to the taped record oun which will be kept Colorado during the hearing,the LOCATION Clerk to the Board's Approximately 3 miles Office shall be advised east of the City of Fort in writing of such action Lupton,Colorado P LISHER at least five days prior to the hearing. The BOARD OF COUNTY Subscri d and sworn to before me this day cost of engaging a COMMISSIONERS, court reporter shall be WELD COUNT" of2a2p 19 • borne by the requesting COLORA)O party ,..,'&4-}1-0----((g. 77)1'111--''H'71-4BE IT ALSO KNOWN t;s. :”k4 51 0 qq 0 NY PUBLIC that the text and traps co;,q , C_ _-iK TO girl,so certified by the Weld .,t, 4.- , ,:s, My commission expires rl, 2 /'?g . County Planning Commission may be examined in the office of the Clerk to the Board of Count/ Commissioners, located in the Weld County Centennial Center, 915 10th NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing AFFIDAVIT OF PUBLICATION on Tuesday, May 18, 1993, at 1 30 p m. for the purpose of STATE OF COLORADO considering a Site ss Specific Development COUNTY OF WELD Plan and an Amended Special Review permit for the property I, KEITH HANSEN, of said County of Weld, being duly described below. sworn,say that I am publisher of Approval of the request may create a vested property right pursuant WINDSOR BEACON to Colorado Law a weekly newspaper having a general circulation in said APPLICANT Art's Fertilizer Company County and State, published in the town of WINDSOR, in said County and State; and that the notice, of which LEGAL DESCRIPTION the annexed is a true copy, has been published in said The SE4 SW4 of weekly for / successive weeks, that the notice Section 1,T1N, R66W of the 6th P.M , Weld was published in the regular and entire issue of every county,Colorado number of the paper during the period and time of TYPE AND INTENSITY publication, and in the newspaper proper and not in a of PROPOSED USE supplement, and that the first publication of said notice Open pit mining was in said paper bearing the date of the _,.e nr nt Sarin an dint) in the A (Agricultural) zone day of �1 P , A.D., 19 9_3_ and stria the last publication bearing the date of the LOCATION . day of A.D., 19 and Approximately 3 miles , east of Ft. Lupton, that the said WINDSOR BEACON has been published Colorado continuously and uninterruptedly for the period of 5 SIZE. 38.372 acres, consecutive weeks,in said County and State, prior to the more or less. date of first publication of said notice, and the same is a newspaper within.the meaning of an Act to regulate The public hearing will printing of legal notices an advertisements, approved be held in the Weld May 18, 1931,andallprior cis County Commissioners' $r as in force. Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado Comments or P LISHER objections related to the „oov i request should be Subscri d and sworn to before me this submitted in writing to �� day the !N„ld County of � � 19� Department of Planning � �`T� Services, 1400 N 17th M,fi-fq' (� �� Avenue, Greeley, NOTARY PUBLIC Colorado 80631, before the above date or presented at the public My commission expires 94471Z /9 I hearing on May 18, 1993 Copies of the application are available for public inspection In the Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631-Phone - 353-3845, Extension 3540 Judy Yamaguchi, Chairperson, Weld County Planning Commission tYi t,6 Published in the 1 Windsor Beacon on April 15,1993. 93°522 FLOW SHEET 1 ,n /�+ CASE I �Gt SV .4(D( APPLICANT: �-C', �� `F�r,l��►%� me,r* �O . $ham. v w.. REQUEST: �n1 }' PA1 Y1,D� (€x Gt1 c,� 11 so nnd,. w,..a. cLi r i- ) c j` J 1- , l �1/b LEGAL: J S W 4 M i 1.111\3 , k(o� �Y LOCATION: 1lrRr c 1 yhq't�1 J YM\1-e-S L°A,S o T FA . L rN DATE BY Application Received 31311q3 C ' Application Complete a,1 Q„ 1615 C1kT Hearing Date: rn(A,1 tt 4 1x'7) +1® fr1.5 r1 A,K• Utility Board Hearing Date: Iv ik 4-1 b Jt ) (2.tvt_, PC Sign given to Applicant 4,i(e f M 7 CIIIIkt/ PC Sign posted By: / 11 tqVA3 4 tb 613 (^ Letter to Applicant Drafted Alb 47 Referrals Listed 4'1 ala1 (,- Public Notice Drafted Q,.I bi(,l'1) C A,, File Assembled 14- R �/��,p) Referrals Mailed �( Chaindexed X45 la— Letter to Applicant Mailed 4-9 ,a ,e Public Notice Sent Out By: 41)n\ V.51 VICV5 Prop. & Mineral Owners Notified By: t101 '11 NO x(_O1 9 2 AQ Maps Prepared 4 -/ 2 -9' Field Check By DPS Staff 5411611,11) 4S Field Check-Board Member: 0 DPS Recommendation Drafted 1 1,01q3 ellr, DPS Recommendation Typed 4./4o '17 41e Packets Xeroxed '10914' :Y/IIIrb/ PC/BOA Hearing Action: R rQ �P� )11?)16T :.7 PC/BBC Resolution 6-19-93 i,p ___ , Resolution Sent To Applicant 5'ect -l5 Meeting Summary or Minutes Filed in Case a -pll ,/►r Case Sent To Clerk to Board 7k 'gib, CAN11_,-- CC Sign Given .to ApplicantG,I O I13 CAcc, CC Sign Posted By: ,.ktf\ 5 1 ‘61*(.3 &I Jq ' C./1¢ CC Hearing: 1. 1* Action: A ll CC Resolution Received IP N rui . f - Plat and/or Resolution Recorded 172 7j ',/ r__(,c/, -7 . History Card Completed c eiti Recorded on Maps and Filed 8 2q- 45J . • WELD COUNTY, COLORADO USE BY SPECIAL REVIEW APPLICATION 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: Acoutomla 151.R.440 Date Application Received: -5 3% 615 PC Hearing Date: 5 4/1 3 Section: 1 , Township:{{ 1 North, Range: 4(p West Zoning District: ►kiy'.C rLvvO ` Recording Fee: �Vt Permit Fee: A et14.Ob Recording Fee Receipt #: 1 Receipt Number: Application Reviewed By: L/yrt/ To be completed by APPLICANT in accordance with procedural guide Requirements: 1. I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission concerning a proposed Open cut sand (gravel, coal, borrowpit, etc.) mining operation for the following described unincorporated area of Weld County: LEGAL DESCRIPTION Sniif:''ier7Rt. Qilari-,er of the southwest Quarter (SE 1/4 SW 1/4) of Section 1, Township 1 North, Range 66 West of the 6th P.M. , County of Weld, State of Colorado. TOTAL ACREAGE: 38.372 2. Surface owner(s) of area of land described Name: Arthur H. Suppi Address: 3900 E. 56th Ave. Phone: 297-0119 Name: Address: Commerce City, Co Phone: 80022 3. Owner(s) of mineral rights to substance to be mined Name: Arthur H. Suppi Address: 3900 E. 56th Ave. Phone: 297-0119 Name: Address: Commerce City. Co. Phone: 80022 4. Source of applicants' legal right to enter and to mine on the land described: Installment Land Contract & Addundum thereto; Quitclaim Deed (Attached certified copy of any document noted to the back of this form) 5. Address of applicant and general office Applicants address: Art's Fertilizer Co. , Inc. Phone: 297-0119 General Office address: 3900 E. 56th Ave. Phone: Commerce City, Co. 80022 6. Identify any prior permits for mining held by applicant or affiliated person: SUP 460:81:6 93 05';.:2 7. Description of Operation a. Types and number of operating an processing equipment to be employed: one front loader two trucks 1) one of which has a capacity of 15 Cubic Yards and 2) one of which has a capacity of 15 Cubic yards Bull Dozer b. Maximum number of employees: 3 , and number of shifts: 1 c. Number of stages to be worked: , and periods of time each is to be worked: The operation involves the Leveling of 38.372 Acres.Due to the type of surface soil (i.e. , the sandy make-up of the soil) it is possible to move material year around from January through December. d. Thickness of mineral deposit: 1 to 20 feet, and thickness of the overburden: No overburden e. This will be a wet/dry pit operation. Dry. f. Site entrance/exit points and county roads and bridges to be utilized between site and delivery point(s) (must be coordinated with County Engineer) : Colorado Highway 52 to County Road 35 to County Road 12. 8. Description of Rehabilitation a. Proposed rehabilitation land use(s) : planting_ of rye to blend with surrounding area b. Source of technical advice for reclamation: Mr. Lee Amato, 17447 Highway 52, Fort Lupton, Colorado 80621 c. Explanation of Reclamation Process: Once the operations are completed the land will be level and will be in a position to be agriculturally used. Rye will-be planted annually by a neighboring farmer, Mr. Lee Amato, 17447 Highway 52, Fort Lupton, Colorado 80621 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 . gnature: Own •u .rized Agent e% Subscribed and sworn to before me this day o ' �; ! , 13 SEAL NO RY PUBL iC ▪••. gy CgriftiOtt*It Nalemb+. 71,1 T G{omiyisssioil'expires ▪ 7 7,, • • 930522 , , . , , • _ • 0006, Rirs FERTILIZER& FIREWOOD CO. INC. 3900 E. 56th Avenue • Commerce City, Colorado 80222 a (303) 297-0119 NUMBER 2 A DETAILED DESCRIPTION OF THE METHOD OF OPERATION The types and number of operating and processing equipment to be employed are: One front end loader. One dump truck which has a capacity of 15 cubic yards . One dump truck which has a capacity of 15 cubic yards. Bull dozer. The number of shifts to be worked will be one (1) . The maximum number of employees will be three (3) . This will be a dry pit operation. County roads to be utilized are Colorado Highway 52 to County Road 35 to County Road 12. The size of the area involves 38.372 acres. The operation involves the leveling of the area. Due to the type of surface soil involved (i.e. , the sandy make-up of the soil) it is possible to remove the material year around. Accordingly the operations occur during the months of January through December of each year. During the year 1993-1994 approximately 2500 loads of sand should be removed. During the year 1994-1995 it is estimated that the same amount of material will be removed. A completion date is unknown at this time. The depth and thickness of the mineral deposit to be mined is 1 to 20 feet. There is no overburden. Reclamation Process: Once the operations are completed the land will be level and will be in a position to be agriculturally used. Rye will be planted annually by a neighboring farmer, Mr. lee Amato, 17447 Highway 52 Fort Lupton, Colorado 80621 The source of technical advice for reclamation is Mr. Lee Amato, 17447 Highway 52, Fort Lupton, Colorado 80621 930522 FERTILIZER& FIREWOOD CO. INC. 3900 E. 56th Avenue • Commerce City, Colorado 80222 (303) 297-0119 NUMBER 6 STATEMENT THAT PROPOSAL IS CONSISTENT WITH THE WELD COUNTY COMPREHENSIVE PLAN. We believe this proposal is consistent with the Weld County Comprehensive Plan. Appropriate extraction standards will be followed. Impact on the surrounding area will be minimized to the greatest extent possible. Mr. Lee Amato will be planting Rye annually as he has been doing since 1981. We feel this operation will not change but maintain this as an agricultural area. 93,0522 FERTILIZER& FIREWOOD CO. INC. 3900 E. 56th Avenue • Commerce City, Colorado 80222 (303) 297-0119 No. 7 This operation is in a district that is an agricultural zone and when completed the area will be level for planting of area crops. No. 8 Since 1981 Mr. Lee Amato has produce rye crops on the site which has reduced the blowing of sand and conserved the area as productive land for agricultural use. No. 9 & The operation presents no impact on the surrounding area. Since 10 1981 no complaints have been received. The landowners in the area were pleased to see the removal of the sand prevented excess dust in the area. No. 11 Future use of the land will be agricultural which is consistant with the surrounding area. After leveling thought has been given to the possibly of building a home. At present there are no municipalities within 3 miles. No. 12 The property area is not located in a flood plain, geologic hazard and the Weld County Airport overlay district area. No. 13 The property is totally vacant and with the removal of the blow sand and top soil a water supply is not needed. It is nonirrigated. 930522 t _ REFERRAL LIST NAME: Art's Fertilizer Company, Inc. CASE NUMBER: Amended SUP-460 REFERRALS SENT: April 9, 1993 REFERRALS TO BE RECEIVED BY: April 23, 1993 COUNTY TOWNS and CITIES Attorney Ault X Health Department Brighton Extension Service Broomfield Emergency Management Office Dacono Sheriff's Office Eaton X Engineering Erie Housing Authority Evans Airport Authority Firestone Building Inspection X Fort Lupton Frederick STATE Garden City Division of Water Resources Gilcrest Geological Survey Greeley Department of Health Grover Highway Department Hudson Historical Society Johnstown Water Conservation Board Keenesburg Oil and Gas Conservation Commission Kersey La Salle FIRE DISTRICTS Lochbuie Ault F-1 Longmont Berthoud F-2 Mead Briggsdale F-24 Milliken Brighton F-3 New Raymer Eaton F-4 Northglenn Fort Lupton F-5 Nunn Galeton F-6 Platteville Hudson F-7 Severance Johnstown F-8 Thornton La Salle F-9 Windsor Mountain View F-10 Milliken F-11 COUNTIES Nunn F-12 Adams Pawnee F-22 Boulder Platteville F-13 Larimer Platte Valley F-14 Poudre Valley F-15 FEDERAL GOVERNMENT AGENCIES Raymer F-2 US Army Corps of Engineers Southeast Weld F-16 USDA-APHIS Veterinary Service Windsor/Severance F-17 Federal Aviation Administration Wiggins F-18 Federal Communication Commission Western Hills F-20 SOIL CONSERVATION DISTRICTS OTHER X Brighton Central Colo. Water Conservancy Dist. Fort Collins Panhandle Eastern Pipe Line Co. Greeley Tri-Area Planning Commission Longmont X Carl B. Mount West Adams Mined Land Reclamation Division 1313 Sherman Street, Room 215 COMMISSION/BOARD MEMBER Denver, CO 80203 X Juliette Kroekel 93052.2 RECEIVES An 12 16 :11993 DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES lodge 1400 N.17TH AVENUE GREELEY, COLORADO 80631 COLORADO April 9, 1993 CASE NUMBER: Amended SUP-46O TO WHOM IT MAY CONCERN: Enclosed is an application from Art's Fertilizer Company, Inc. , for a Site Specific Development Plan and an amended Special Review permit for open pit mining (extraction of sand and dirt) in the A (Agricultural) zone district. The parcel of land is described as the SE4 SW4 of Section 1, 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 approximately 3 miles east of Ft. Lupton. 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 April 23, 1993, so that we may give full consideration to your recommendation. Please call Chuck Cunliffe, Director, 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. `-"C 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: /talt4 Agency Date: cc— / L-' 93 m MAY 1 8 1993 930522 DEPARTMENT OF PLANNING SERVICES PHONE(303)353-W45, EXT. 3540 V It (f: 1FIR+ WELD COUNTY ADMINISTRATIVE OFFICES ifilip O 1400 N.17TH AVENUE GREELEY, COLORADO 80631 • COLORADO April 9, 1993 CASE NUMBER: Amended SUP-46O TO WHOM IT MAY CONCERN: Enclosed is an application from Art's Fertilizer Company, Inc. , for a Site Specific Development Plan and an amended Special Review permit for open pit mining (extraction of sand and dirt) in the A (Agricultural) zone district. The parcel of land is described as the SE4 SW4 of Section 1, 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 approximately 3 miles east of Ft. Lupton. 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 April 23, 1993, so that we may give full consideration to your recommendation. Please call Chuck Cunliffe, Director, 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: rP �,� Agency: City of Fort Lupton Date: Met 9 // '7 3 J p] t��aii J MAY 1 3 1993 Ili - P 9 r , ^P5A•1RAAir1' 930522 r DEPARTMENT OF PLANNING SERVICES y PHONE(303)353-3845, EXT. 3540 RECENEWELD COUNTY ADMINISTRATIVE OFFICES • 1400 N. 17TH AVENUE O Q�� 993 GREELEY, COLORADO 80631 lunge COLORADO O,VISIOn Ut JUUI3g1 April 9, 1993 CASE NUMBER: Amended SUP-460 TO WHOM IT MAY CONCERN: Enclosed is an application from Art' s Fertilizer Company, Inc. , for a Site Specific Development Plan and an amended Special Review permit for open pit mining (extraction of sand and dirt) in the A (Agricultural) zone district. The parcel of land is described as the SE4 SW4 of Section 1, 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 approximately 3 miles east of Ft. Lupton. 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 April 23, 1993, so that we may give full consideration to your recommendation. Please call Chuck Cunliffe, Director, 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 wit ur inter liU e_ �c.�2 j 4 vA- 2�L /1i172�.- 4- �-L 4. A formal recommendation is under consideration and will be • submitted to you prior to: 5. o�f� Please refer to the enclosed letter. n� Signed: ✓'1 A -en- Agency:,5 fla. P,Ye /afeal7 Date: /f5p-5 ellDt'UA1P ., 1( APR 16 1993 11 EORAflDU Wil C Chuck Cunliffe To Weld County Planning Date April 20, 1993 COLORADO From John S. Pickle, M.S.E.H. , Director, Environmental Heal Subject: Case Number: Amended SUP-460 Name: Art's Fertilizer Co. Environmental Protection Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. Any required Emissions Permit is obtained from the Air Pollution Control Division, Colorado Department of Health for fugitive dust and odors. 3. No permanent disposal of wastes shall be permitted at this site. 4. Fugitive dust shall be controlled on this site. 5. 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. 6. Adequate toilet facilities shall be provided for the employees. 7. 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. 8. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility area in a manner that will prevent nuisance conditions. 9. All construction activities that disturb more than five (5) acres will be required to obtain a stormwater discharge permit from the Colorado Department of Health, Water Quality Control Division. JSP/cs-709 APR 2 1 1993 I'1�an TP.iP fA 93(J522 STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY of co Department of Natural Resources �� V°461V-.P 1313 Sherman St, Room 215 . Denver,CO 80203 *' Phone (303)866-356, 1876 -- FAX (303)832-8106 Roy Romer Governor Michael B Long April 16, 1993 , ,1111Direct°, Mr. Art Suppi Art' s Fertilizer Co. Inc. 3900 E. 56th Avenue Commerce City, CO 80022 RE: Conversion From 110 (2) to 112 Permit, Art' s Fertilizer Sand Pit, File No. M-o0-205 Dear Mr. Suppi: The Division i- � review rconversion , _ he Division has completed its if your applicdtiou. We are prepared to issue you the conversion as soon as we received an acceptable reclamation bond in the amount of $7, 500 . 00 . Since indicated that yo�� y use yourinsurance company for this you ..�...��. you may your bond we are including a copy of our Financial Warranty - Corporate Surety bond form. If you have any questions about this form please contact Debbie Mulloy of our office. I am also sending you a copy of a letter we received from the PlaLGe Valley Soil Conservation District to inform you of the State Dust Blowing Act and the Colorado Weed Management Act regulations. Please note that this letter is not an issuance of a 112 permit You may n F- expand your operationbeyondtho currently_� _c� xpa-- ope=-��_ __ __ . permitted 5 acres until the Division receives an acceptable reclamation bond for $7, 500 . 00 and a conversion confirmation is issued. Sincerely, Gregg R. Squire' RCCadllldLioli Spuidlist ::res APR 2 1993 cc: Carl Mount, DMG Keith A. Schuett, Current Planner, Weld County n nay, l'P APIItIIIR"r M: \oss\ern\m80-205 230522 �� 35 _ • 1 )� I — r )) )..I )s ). ) 37 )) H s • • ili / in / ._ 1 •� r.owrw v -3 {R� u3 1 10.1=2 II /� I. • • / 1 r....41. .„1..„,__,, r 1 /�,rror, 13 ril ;c: Rcierroir.. •— I:L it I y is I r• • n n 1 ,Ili (dd .. I n• n • • 1 ii . �� s K ,�I(�� I E uE � I 77 T a .LL.• 7• n 1 20 7. 1 is 7 n 2r-i• G • 4TT VI ro• s„ 1 s. r • 42 . - 'f• �:: � • .. - j.' , 1 I - ' —�� 71 a ` r. . 7, 7. 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O54 9 $ f,a oz9 930522 1\iC.(1: DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT.3540 WELD COUNTY ADMINISTRATIVE OFFICES 0 1400 N.17TH AVENUE GREELEY, COLORADO 80631 • COLORADO DATE: April 9, 1993 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: Amended SUP-46O There will be a Public Hearing before the Weld County Planning Commission on Tuesday, May 18, 1993 at 1:3O p.m. , in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado concerning the request of: NAME: Art's Fertilizer Company, Inc. FOR: Open pit mining (extraction of sand and dirt) in the A (Agricultural) zone district. LEGAL DESCRIPTION: The SE4 SW4 of Section 1, T1N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 3 miles east of Ft. Lupton, Colorado. Your property is within five-hundred (5OO) feet of the property on which this request has been made or you may have an interest in the minerals located under the property under consideration. For additional information write or telephone Chuck Cunliffe, Director. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 14OO N. 17th Avenue, Greeley, Colorado 8O631, on or before the date of public hearing. 93052 AFFIDA7IT OF INTEREST OWNERS SURFACE ESTATE Application No, Subject Property 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 `-aay of Mariam , 19 , by WITNESS my hand and official seal. My Commission expires: Cofirmisiin Ores Na ;te21,1%e 0O , ` G " No a Publi •.�i/iS..... •S�1 9130522 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in Case Number Amended SUP-460 for Art's Fertilizer Company in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list. this 12th day of April, 1993. 930522 0 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket #93-34, was placed in the United States mail, postage prepaid, addressed to the following property owners. DATED this 28th day of May, 1993. d�/ /2 l D pu y Clerk to the B d F.A. , Elsie, Jay & Jerry Trunkenbloz 609 South 1st Avenue Brighton, CO 80601 James I. Martin 17576 Colorado Hwy 52 Fort Lupton, CO 80621 Timothy, Norman & Mary Trostel 17264 Weld County Road 12 Fort Lupton, CO 80621 Weld County Waste Disposal, Inc. 12018 Warfield Street San Antonio, TX 78216-3217 Joseph G. & Shirley J. Ianelli 7451 Weld County Road 49 Hudson, CO 80642 Union Pacific Resources Company Formerly Champlin Petroleum Company PO Box 7 Fort Worth, TX 76101-9945 Amoco Production Company Formerly Pan American Petroleum 1670 Broadway Denver, CO 80201 Art Suppi Art's Fertilizer Company, Inc. 3900 East 56th Avenue Commerce City, CO 80222 9Z 0522 ,n NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL NAME STATE AND ZIP CODE IDENTIFICATION # TR _ Qg Sni1mF1 1 AVF 147101 000Q $.�__�__ ELSIE R & JAY E & BRIGHTON, CO 80601 JERRY L TRUNKEUBOLZ F A & 609 sQUTU 1 amp 1 471 01 0000'17 ELSIE R & JAY E & BRIGHTON, CO 80601 ,7FRRY I. _.. _ 1 471 01 000036 JAMES I MARTIN 1757_6=62MDQ_BsELIU 1.471 01 00001 5 FT LUPTON, COLORADO 80621 TROSTEL TIMOTHY & 17264 WELD CO RD 12 J 47,1?0000,6 NORMAN & MARY TERESA FT LUPTON, CO 80621 UNTY WASTE 12018 WARFIELD ST 1471,12000055 DISIPOSAL INC SAN ANTONIO, TX 78216-3217 IANErLI jos pi C & 7451 WCR 49 1471120000n _ _ SHIRLEY J HUDSON, CO 80642 930522 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application Nu. Subject Property All of Section 1, Township 1 North, Range 66 West Weld County, CO STATE OF ) J ss. COUNTY OF ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge, the attached list is a true and accurate list of the names 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. UNION PACIFIC RESOURCES COMPANY /54:/t-rge.4-, de__- By: Att ey-in-Fact STATE OF TEXAS ) COUNTY OF TARRANT ) Vt(,�Y`(�'�Tze foregoing instrument was acknowledged before me this aLi day of ' I V 1993, by 51Lq frarrIALS , as Attorney in Fact for UNION PACIFIC RESOURCES COMPANY, a Delaware corporation, on behalf of the corporation. li . ro.sYPV9, A. ANN SMITH +' t' Notary Public 0 . (2lt l /�� „;.,(1 v STATE OF TEXAS oftE+ My Comm Exp 03/17196 Notary Public Notary Public • 930522 Union Pacific Resources Company Owner of minerals in all of (formerly Champlin Petroleum Co. ) Sec. 1-1N-66W P. O. Box 7 Ft. Worth, TX 76101-9945 Amoco Production Company Lessee of minerals in S/2 (formerly Pan American Petroleum) & NW/4 of Sec. 1-1N-66W 1670 Broadway Denver, CO 80201 SURROUNDING PROPERTY OWNERS AND/OR SURFACE ESTATE/MINERAL OWNERS Art's Fertilizer Company, Inc. Amended SUP-460 F.A. , Elsie ) . , Jay y, and Jerry,L. Trunkenbloz 609 South 1 Avenue Brighton, CO 80601 James I. Martin 17576 Colorado Highway 52 Ft. Lupton, CO 80621 Timothy, Norman, and Mary Teresa Trostel 17264 Weld County Road 12 Ft. Lupton, CO 80621 Weld County Waste Disposal, Inc. 12018 Warfield Street San Antonio, TX 78216-3217 Joseph G. and Shirley J. Ianelli 7451 Weld County Road 49 Hudson, CO 80642 Union Pacific Resources Company Formerly Champlin Petroleum Company P.O. Box 7 Ft. Worth, TX 76101-9945 Amoco Production Company (Formerly Pan American Petroleum 1670 Broadway Denver, CO 80201 f- f) ; 9305= 72 V ' 44 y \--..11---Ai ' 4 F 44 7J 45 •^ 73. .-.) 73 _ lilt. 44 70 i_•,. - ! 73 ( s 73 44 72 70 72 • 25• 70 26 \ 30 , - 70 72 "Vyq } 9 35 30 69 f :i . ^ ., - 44 y. 35 73 #�:= . 70 70 *vK 69 `,. 44 72 -'.'�y 1 ' . - W 44 ??.R ' 70 Iii*.' 69 W t Wr „�, 'w 45 72 69 73 44 73 70 73 35 73 37 4, 44 70 353 73 44 131 72 73 72 GP/ � ', , ✓4 , • 70' 1. j_ ' •n, _ +K4, N 70 '‘ � ., . 44 73 ;Y; z' . '70 •' - 69I 4 fit. J 44 1y 4A - (ii" ,VI 7 _._=ii;,'_=.� rf� a+•_ fr.: - -"5 . ,..t i 73 72i,42,,'•„`1.. -‘ r,'• I 72 sz 72 70 70 )' e� '3 72 73 y ,1 I 'ti_ 72 72 Y; 73 wr C. yam., 'f,,,. _ . 70 4i . ..---.- 69 a,�, • 44 73 _. 70 69 ) 73\ 70 70 70 70 IF 72 72 70 �. 72 .,- 69 I ' 70 - 70 �� r 69 45 - 44 _ ..' ;' - - 69 69 r7b' 44 73 72 •t ', •' ~}.�. 70 _, _ _ •M''`fr': 72 tA4i r1 ,-21 ,4. �c 1aa 44. tF 3 - / 44 - 73 _ "'49',i�.:. f.;.,•: 70 7F '• 1 ^4.F^ y r,ati f.1(.,... r- p^, �- 1- '44 _ 12 ` .f"w:;- �'•s.-, '`` "� 44 �; 7 7A• _, .g" ; . 0 {.3+ r,�� A4 ' Yom•70 Iii,-" --i ' - aT0. 72 69 73 M, L s k 1,,-f.- 72 70Y'�. 72 r'<' 73 F, F ; N. ;l. g x' yf f'��r ' 70 r •_ a` IIIII ) :� ` C;•S y^ � ICY '. ,:z CO+°.. ,Ii 7 f=t -E i 70:..'. °' a '''',7- ?' f ••;�2,•Y. '7� --ti 70- •-•• ,1 - 73 .,........'r.": r rh f fir q f:• ,.^,_ rY '�i V��/ • 44 SOIL SURVEY to allow moisture accumulation. Generally precipitation is Permeability is rapid. Available water capacity is low. too low to make beneficial use of fertilizer. The effective rooting depth is 60 inches or more. Surface Stubble mulch farming, striperopping, and minimum til- runoff is medium, and the erosion hazard is moderate. lage are needed to control soil blowing and water erosion. The potential native vegetation is dominated by little Terracing also may be needed to control water erosion. bluestem, sideoats grama, sand reedgrass, blue grama, The potential native vegetation is dominated by hairy grama, switchgrass, and needleandthread. Potential western wheatgrass and blue grama. Buffalograss is also production ranges from 700 pounds per acre in favorable present. Potential production ranges from 1,000 pounds years to 200 pounds in unfavorable years. As range condi- per acre in favorable years to 600 pounds in unfavorable tion deteriorates, the tall and mid grasses decrease, blue years. As range condition deteriorates, a blue grama-buf- grama and hairy grama increase, and forage production falograss sod forms. Undesirable weeds and annuals in- drops. vade the site as range condition becomes poorer. Management of vegetation should be based on taking Management of vegetation on this soil should be based half or less of the total annual production. Deferred graz- on taking half and leaving half of the total annual produc- ing is practical in improving range condition. Seeding and tion. Range pitting can reduce runoff. Seeding is desirable mechanical treatment are impractical. if the range is in poor condition. Western wheatgrass, Windbreaks and environmental plantings generally are blue grama, sideoats grama, buffalograss, pubescent not suited to these soils. Onsite investigation is needed to wheatgrass, and crested wheatgrass are suitable for seed- determine if plantings are feasible. ing. The grass selected should meet the seasonal require- Wildlife populations are limited because the necessary ments of livestock. It can be seeded into a clean, firm habitat elements are lacking. Because most of the acreage sorghum stubble, or it can be drilled into a firm prepared is rangeland, only rangeland wildlife, for example scaled seedbed. Seeding early in spring has proven most success quail and antelope, are typical. Extreme care is needed in ful. managing livestock grazing in order to provide suitable Windbreaks and environmental plantings of trees and habitat on these soils. shrubs commonly grown in the area are generally well Potential is poor for urban and recreational develop- ment. The chief limiting soil features are the loose, coarse suited to this soil. Cultivation to control competing vegetation should be continued for as many years as bility subclass VIIs irrigated, VIIs nonirrigated; Gravel textured soil, steep slopes, and rapid permeability. Capa- possible following planting. Trees that are best suited and Breaks range site. have good survival are Rocky Mountain juniper, eastern 69—Valent sand, 0 to 3 percent slopes. This is a deep, redcedar, ponderosa pine, Siberian elm, Russian-olive, and excessively drained soil on plains at elevations of 4,650 to hackberry. The shrubs best suited are skunkbush sumac, 5,100 feet. It formed in eolian deposits. Included in lilac, Siberian peashrub, and American plum. mapping are small areas of soils that have lime within a Wildlife is an important secondary use of this soil. The depth of 40 inches. cropland areas provide favorable habitat for ring-necked Typically the surface layer is brown sand about 8 pheasant and mourning dove. Many nongame species can inches thick. The underlying material to a depth of 60 be attracted by establishing areas for nesting and escape inches is brown sand. cover. For pheasants, undisturbed nesting cover is essen- Permeability is rapid. Available water capacity is tial and should be included in plans for habitat develop- moderate. The effective rooting depth is 60 inches or ment, especially in areas of intensive agriculture. Range- more. Surface runoff is slow, and the erosion hazard is land wildlife, for example, the pronghorn antelope, can be low. attracted by developing livestock watering facilities, This soil is suited to limited cropping. Intensive managing livestock grazing, and reseeding where needed. cropping is hazardous because of erosion. The cropping This soil has poor potential for urban and recreational system should be limited to such close grown crops as al- development. Slow permeability and high shrink swell falfa, wheat, and barley. The soil also is suited to ir- cause problems in dwelling and road construction. Capa- rigated pasture. A suitable cropping system is 3 to 4 bility subclass IIIe irrigated, IVe nonirrigated; Clayey years of alfalfa followed by 2 years of corn and small Plains range site. grain and alfalfa seeded with a nurse crop. 68—Ustic Torriorthents, moderately steep. These are Closely spaced contour ditches or sprinkers can be used deep, excessively drained soils on terrace breaks and in irrigating close grown crops. Contour furrows or sprin- escarpments at elevations of 4,450 to 5,100 feet. They klers should be used for new crops. Applications of bar- formed in gravelly alluvium and have slopes of 9 to 25 nyard manure and commercial fertilizer help to maintain percent. Included in mapping are small areas of soils that good production. have pockets of sandy loam and loam in the underlying The potential vegetation is dominated by sand material. bluestem, sand reedgrass, switchgrass, sideoats grama, Typically the surface layer is pale brown gravelly sand needleandthread, little bluestem, and blue grama. Poten- about 10 inches thick. The underlying material to a depth tial production ranges from 2,500 pounds per acre in of 60 inches is pale brown gravelly sand. favorable years to 1,800 pounds in unfavorable years. As 936522 V COUNTY, COLORADO, SOUTHERN PART 45 range condition deteriorates, the sand bluestem, The potential vegetation is dominated by sand switchgrass, sand reedgrass, sideoats grama, and little bluestem, sand reedgrass, switchgrass, sideoats grama, bluestem decrease, forage production drops, and sand needleandthread, little bluestem, and blue grama. Poten- sage increases. Undesirable weeds and annuals invade tial production ranges from 2,500 pounds per acre in and "blowout" conditions can occur as range condition favorable years to 1,800 pounds in unfavorable years. As becomes poorer. range condition deteriorates, the sand bluestem, Management of vegetation on this soil should be based switchgrass, sand reedgrass, sideoats grama, and little on taking half and leaving half of the total annual produc- bluestem decrease, forage production drops, and sand tion. Seeding is desirable if the range is in poor condition. sage increases. Undesirable weeds and annuals invade Sand bluestem, sand reedgrass, indiangrass, switchgrass, and "blowout" conditions can occur as range condition sideoats grama, little bluestem, and blue grama are suita- becomes poorer. ble for seeding. Because this soil is susceptible to soil Management of vegetation on this soil should be based blowing, it should be seeded using an interseeder, or the on taking half and leaving half of the total annual produc- seed should be drilled into a firm, clean sorghum stubble. tion. Seeding is desirable if the range is in poor condition. Seeding early in spring has proven most successful. Brush Sand bluestem, sand reedgrass, indiangrass, switchgrass, management also can help in improving deteriorated side-oats grama, little bluestem, and blue grama are suita- range. ble for seeding. Because this soil is susceptible to soil Windbreaks and environmental plantings are fairly well blowing, it should be seeded using an interseeder or the suited to this soil. Blowing sand and the moderate availa- seed should be drilled into a firm, clean sorghum stubble. ble water capacity are the principal hazards in establish- Seeding early in spring has proven most successful. Brush ing trees and shrubs. The soil is so loose that trees should management can also help in improving deteriorated be planted in shallow furrows, maintaining vegetation range. between the rows. Supplemental irrigation is needed to Windbreaks and environmental plantings are generally insure survival. Trees that are best suited and have good not suited to this soil. Onsite investigation is needed to survival are Rocky Mountain juniper, eastern redcedar, determine if plantings are feasible. ponderosa pine, and Siberian elm. The shrubs best suited Wildlife is an important secondary use of this soil. Ran- are skunkbush sumac, lilac, and Siberian peashrub. geland wildlife, for example, the pronghorn antelope, can Wildlife is an important secondary use of this soil. The be attracted by developing livestock watering facilities, cropland areas provide favorable habitat for ring-necked managing livestock grazing, and reseeding where needed. pheasant and mourning dove. Many nongame species can This soil has fair potential for urban development. The be attracted by establishing areas for nesting and escape chief limiting soil features are the rapid permeability and cover. For pheasants, undisturbed nesting cover is essen- the susceptibility to soil blowing. Septic tank absorption tial and should be included in plans for habitat develop- fields function properly, but in places the sandy sub- ment, especially in areas of intensive agriculture. Range- stratum does not properly filter the leachate. Sewage land wildlife, for example, the pronghorn antelope, can be lagoons must be sealed. Once established, lawns, shrubs, attracted by developing livestock watering facilities, and trees grow well. Capability subclass VIe irrigated, managing livestock grazing, and reseeding where needed. VIe nonirrigated; Deep Sand range site. This soil has fair potential for urban development. The 71—Valent-Loup complex, 0 to 9 percent slopes. This primary limiting soil features are the rapid permeability level to moderately sloping map unit occupies hills, ridges, and the susceptibility to soil blowing. Septic tank absorp- and depression or pothole-like areas in the sandhills at tion fields function properly, but in places the sandy sub- elevations of 4,670 to 4,700 feet. The Valent soil makes up stratum does not properly filter the leachate. Sewage about 60 percent of the unit, the Loup soil about 35 per- lagoons must be sealed. Once established, the lawns, cent. About 5 percent is dune sand. The Valent soil occu- shrubs, and trees grow well. Capability subclass IVe ir- pies the hills and ridges and the Loup soil the depressions rigated, VIe nonirrigated; Deep Sand range site. or potholes. 70—Valent sand, 3 to 9 percent slopes. This is a deep, The Valent soil is deep and excessively drained. It excessively drained soil on plains at elevations of 4,650 to formed in eolian deposits. Typically the surface layer is 5,100 feet. It formed in eolian deposits. Included in brown sand about 8 inches thick. The underlying material mapping are small areas of soils that have lime within a to a depth of 60 inches is brown sand. depth of 40 inches. Also included are small areas of soils Permeability is rapid. Available water capacity is that have sandstone between 40 and 60 inches. moderate. The effective rooting depth is 60 inches or Typically the surface layer of the Valent soil is brown more. Surface runoff is slow, and the erosion hazard is sand about 6 inches thick. The underlying material to a low. depth of 60 inches is brown sand. The Loup soil is deep and poorly drained. It formed in Permeability is rapid. Available water capacity is sandy alluvium. Typically the surface layer is very dark moderate. The effective rooting depth is 60 inches or grayish brown, mottled loamy sand about 16 inches thick. more. Surface runoff is slow, and the erosion hazard is The underlying material to a depth of 60 inches is light low, brownish gray, mottled loamy sand and sandy loam. 93U52 yC EXHIBIT INVENTORY CONTROL SHEET Case /1/ Z/S/e % , k3 71///2-ei'' �•�1/'1C . Exhibit Submitted By Exhibit Description 5-Mh5 A. L'/ann// 9 { ' ' ,r� e// s-SIL b—//1 B. /1341/)r)/,:, G'ni/97/ e-zsn tic_tcl of/ e cirmrnwrez! 5/ C. /9/a//i?/i 7 5Gcimr2a.r y/ Of h,ar-/nz 6f D. efei-k i //u iioafd 72/ 4/4 E. j(V\ JA-2P-P/ pl)c (2 i//(0 F. ft\ PP/ (; )1 ,Th f..c.d.te/244.49-7n actte_ Valezat /' G. PlaAptiudt, D�r�{rr c�a-zv tQ.[,a (ki/9a) �� , 49/i co H. P (l�s�Iu1t0 (5k28-/q6 (9 ,( I. dx1V )0„,1,-,),„6, J. K. L. M. N. 0. P. Q. R. S. T. U. V. W. X. rt, Y. Z. 930522 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Bill O'Hare that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: AM SUP-460 NAME: Art's Fertilizer Company, Inc. ADDRESS: 3900 E. 56th Avenue, Commerce City, Colorado 80022 REQUEST: A Site Specific Development Plan and a Special Review permit for Open Pit Mining (Extraction of Sand and Soil) in the A (Agricultural) zone district. LEGAL DESCRIPTION: The SE4 SW4 of Section 1, T1N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 3 miles east of the City of Ft. Lupton. 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 Sections 24.7 and 44 of the Weld County Zoning Ordinance. 2. It is the opinion of the Planning Commission 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 Resource Goals and Policies, the 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 proposal is consistent with the intent of the Agricultural zone district and is provided for as a Use by Special Review. - The proposed use will be compatible with the surrounding land uses which primarily include agricultural production and other agricultural uses. - The proposed use will be compatible with the future development of the surrounding area as permitted by the existing zoning and with the future development as projected by the City of Fort Lupton. The City of Fort Lupton has no objections to the proposed use. No overlay districts affect this site. EX/2/70;Y' .6 930522 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING May 18, 1993 Page 2 The Chairperson 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 S-326, Del Camino Partnership, be forwarded to the Board of County Commissioners with the Planning Commission' s recommendation for approval. Bill O'Hare seconded the motion. The Chairperson asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Tom Rulon - yes; Bill O'Hare - yes; Judy Yamaguchi - yes; Shirley Camenisch - yes; Bud Clemons - yes. Motion carried unanimously. CASE NUMBER: Amended SUP-460 APPLICANT: Art's Fertilizer Company, Inc. REQUEST: A Site Specific Development Plan and a Special Review permit for Open Pit Mining (Extraction of Sand and Soil) in the A (Agricultural) zone district. LEGAL DESCRIPTION: The SE4 SW4 of Section 1, T1N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 3 miles east of the City of Ft. Lupton. Art Suppi, applicant, explained the original permit issued in 1982, allowed them to work 10 acres. They now want to work the entire 38 acres. Bud Clemons asked if they were presently mining. Art said they don' t really mine, they remove sand they then use it for additives in planter mix. Bill O'Hare asked if the applicant agreed with staff' s comments. Discussion followed regarding the Weld County Health Department's requirements. The applicant agreed to talk with the Health Department and comply with their wishes. Shirley Camenisch asked how many years the permit would allow them to operate. Art Suppi said there was no time limit. - The Chairperson asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Bill O'Hare moved Case Number AM SUP-460, Art's Fertilizer Company, Inc. , be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval. Shirley Camenisch seconded the motion. The Chairperson asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Tom Rulon - yes; Bill O'Hare - yes; Judy Yamaguchi - yes; Shirley Camenisch - yes; Bud Clemons - yes. Motion carried unanimously. 330522 st'�xY•' 4 ws _....-.-.4.-.1 i3k i4 .. ti r "i{ 4...,::. .:0541p;,* •-•••"4,,...•.}Rn• ,,T;ev. Ito . C t !ff ` c 1. .,."„ 4'". +tc Losj� . , _ _. ':'/LMT T.A.T.YG ,...i�C�' 3'M... -. "tiLh .. - In__ .-- ,e✓L22b G Nu may. _.sue ,,,,,,,..-„4,-....,..... .2T * it :w 1. _ •T' .1 ^r 4.,' *Y- '.- • t � ,, ice:. �`" M1 '''s'Y- �'S:-.. rs.. • •. '"` "'' 1 jy h,..A' .err ,.r .; ii •.'...,.7* r, .. *J. 7,z o 5-6 930522 PLATTE VALLEY 60 South SOIL CONSERVATION 27th Avenue DISTRICT MAY 2 0 ► '3-g n, CO 80601 April 27, 1993 Department of Planning Services Weld County Administrative Offices RE: Case # SUP-460 1400 N. 17th Avenue Art's Fertilizer Greeley, Colorado 80631 To Whom It May Concern: This is our recommendation response on a mining permit for Art' s Fertilizer Company, to be located on 38 . 327 acres in the SE4 of the SW4 of Section 1, T1N, R66W, Weld County, Colorado. The foremost concern in this operation must be the preservation of the top soil . It must be removed (preferably at a depth of eight inches) , and stock-piled for later replacement after the mining has been completed. The complete removal of the top soil would severely decrease this site' s ability to sustain any vegetation upon reclamation. The following reclamation recommendation is partial, due to the fact that there is a lack of available information. If this land is going to be mined at a depth of twenty feet, there must be bore holes done to that depth and soil analysis conducted. We cannot effectively determine if the land will or will not be overburdened by this activity until we see such test results . Our information goes to a depth of five feet, which shows that this is a deep sand site, containing possible lime deposits with in forty inches, and sandstone within forty to sixty inches . Depending on the soil type at twenty feet, we can then recommend possible paths of restoration. Our first response to reclamation might be to reseed with natural vegetation, as it provides an effective solution to wind erosion control, and enhances natural esthetics . Pursuant to Colorado Statute number 8663567, on revegetation. The slope for this area upon restoration should be from zero to three percent, for stability and ease of vegetation restoration. If it is any steeper there exists the potential for water erosion, which could cause this site to be unstable . Pursuant to Colorado Statute number 35-72-101, on wind erosion and weed management . In addition, wind erosion control barriers should be considered during the excavation process . The sand to the Ex k b iK4 930522 i------- - ;,Ls. 1, S ,c.-:.;-__--IL-. - q N---_, P FERTILIZER & FIREWOOD CO. INC. 3900 E. 56th Avenue • Commerce City, Colorado 80222 '` (303) 297-0119 May 28, 1993 • Mr. John S. Pickle, MSEH Director Environ.1ental Protection Services Weld County Health Department 1517 16th Avenue Court Greeley, Colorado 80631 Dear Mr. Pickle As per our conversation May 18, 1993, I am writing in regards to the control]ing of fugitive dust on the site of the mining area of Art's Fertilizer, if at any time we are working on the job site and there seems to be a problem or any complaints of fugitive dust we will bring a water truck and wet the area down. This dirt is hauled only occasionally and the reason for the permit increase is so that we can level out the land on the property for proper requirements so eventually get the permits to dig a well, and build a home for retirement. Adequate toilet facilities also shall be provided for employees, but at this time we have permission to use the facilities of the neighbor next door to the job site, Mr. Timothy Trostel, 17264 Weld County Road 12, Fort Lupton, telephone, 857-4263. If at any special time we are operating that a porta toilet is needed we would be sure one was put on the job site. Thank you for your help. We appreciate it. Sincerely yours C(./a--c-r-A---- 0 Arthur H. Suppi rph v I\ JUN 0 1 1993 depth of five feet is very fine and susceptible to blowing distances well over 500 feet . Pursuant to Colorado Statute 35-72-101, wind erosion. Furthermore there is concern that illegal dumping of contaminants from outside sources might occur both during and after excavation. Therefore, controlled access and/or fencing may be required. Again, our complete recommendation hinges on the soil type present at twenty feet . If you can supply us with that information, we would be happy to assist you in making a full recommendation. We can be reached from 7 : 30am to 5 :30pm, Monday through Friday at 659-7004 . Thank you for your time . Sincerely, —a-Z di-4/ Clyde Abbett Platte Valley Soil Conservation District 930522 mEmoRAnDum WilChuck Cunliffe, Planning June 1, 1993 �� To Da COLORADO John Pickle, Health From Art's Fertilizer - Amended SUP-460 Subject: Mr. Arthur Suppi has sent me a letter outlining his method for fugitive dust control, and indicating access to toilet facilities. Given the size and scope of this facility, this appears to be adequate at present. Consequently, the Division feels that they have satisfied Development Standards # 6 and # 7. L-‘l JUN 0 1 1993 11 THE SIGN 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. BOARD OF COUNTY COMMISSIONERS SIGN POSTING CERTIFICATE I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE BOARD OF COUNTY COMMISSIONERS HEARING FOR CASE # Amended SUP-460 THE SIGN WAS POSTED BY: Ae J ccJ/I cPP/ NAME OF PERSON POSTING SIGN ..j7t1S1----''\- SIGNATURE OF APPLICANT STATE OF COLORADO ) ) ss. COUNTY OF WELD ) 4 SUBSCRIBED AND SWORN TO ME THIS i DAY OF v),U..YI,� , 19 9.5 5 . AA , SEAL ,o ti • A ' v. (<4, 'i •• Av _ I. i s•• ' (1 71-- k•kia,- PUQl.-% : o N ARYPUB IC MY COMMISSION CEXD S "Cp} 1. 11691Qs2111W5 LAST DAY TO POST SIGN IS: June 5, , 19 93 PLEASE RETURN THIS FORM TO THE DEPARTMENT OF PLANNING SERVICES' OFFICE ON OR BEFORE THE DATE OF THE HEARING. STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources o 1313 Sherman St.,Room 215 43'267 L�„ s',r Denver,CO 80203 4 1a'6 4; Phone (303)866-3567 FAX (303)832-8106 Roy Romer Governor Michael B Long Division Director Notice of 110(2) to 112 Reclamation Permit Conversion Application Consideration DATE: January 21 , 1993 TO: Weld County Planning Department 915 10th Street Greeley,80632 FROM: Carl t Mount, Senior Reclamation Specialist RE: Art' s Fertilizer Co. Inc. , Arts Fertilizer Co. Pit, Permit No. M-80-205 Please be advised that Art' s Fertilizer Co. Inc. , whose address and telephone number are 3900 E. 56th Avenue, Commerce City, CO 80022, (303) 297-0119, has filed an application to convert the Arts Fertilzer Co. Pit. , Permit No. M-80-205 from a 110(2) Limited Impact permit to a 112 Regular Reclamation Permit. The pit is located at or near Section 1 , Township 1N, Range 66W, 6th Prime Meridian in Weld County. The application decision is scheduled for April 21 , 1993. Copies of the application are available for review at the Weld County Clerk & Recorder' s office and at the office of the Division of Minerals and Geology, Room 215, 1313 Sherman Street, Denver, Colorado 80203. All comments or objections must be submitted in writing and received by the Division no later than 20 days after the date of last publication in order to be considered in the application review process . CBM/BDC/ern 1534G elL1-527400t'\' JAN 2 6 1993 Hello