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Home My WebLink About20201512.tiffEXHIBIT INVENTORY CONTROL SHEET Case USR19-0075 — RICHARD AND PATRICIA HUWA Exhibit Submitted By Description A. Planning Commission Resolution of Recommendation B. Planning Commission Summary of Hearing (Minutes dated 5/5/2020) C. Planning Services PowerPoint Presentation D. Applicant Confirmation of Continuance (received 4/13/2020) Irrigation Ditch Agreement dated 7/11/2019 E. Applicant (received 5/8/2020) Quit Claim Deed dated April 20, 2020 F. Applicant (received 5/8/2020) Irrigation Ditch Agreement dated 7/11/2019, with written note of agreement re: 15' Buffer Zone G. _ Applicant (received 5/14/2020) H. I . J. K. L. M. N. 0. P. Q. R. S. T. U. V. W. 2020-1512 445.-"16:141123.7 ► fl.:t. 1 " -r. 4 • A 4%0 • /f/. •._ Lr` i% e �. r • •• h,. r� slomban 1. • • :y 7. — • a, • - , ,47/Mt • • + •-• to • y .• � s•e 4O. 4 v'. • Cep r JY.� 410.4•••.•••.••A•••••lop• -•••••••••••;.41111. till Is coo— ::c (l mg ihu ;>r'Dp@rly County PL:11•IftillCl C: -Inim ; t,i+_In .311d a3t0ard of uo►inty ? :orll1Tlis5ioner; ;irltl hi_N.Ifirtha5 will n': ht c-i at. WELD COUNTY ADMINISTRATION BUI1_fING 1150 "O" Street Grceiey, Co 80631 I Pin' 11�11c� (:;Uh�ru,s sic 11.1 rte.-sntH will I.;t-. held nI : t3oard .it �..:,;tl.11ll�� •_a.1t i 11111 a: IQ 1 ' lh 11 err] ,VIII I)" f`f?lr! _Mk ' ;9? -4 9?4 .. PC - ' Applicant 12.t .. - 4,�, O)► 'r/A 'plt•Sj. 1.. A Site Specific envelopment Plan and Special ea w Review Permit, USR19•0075 for Open Pit Mining -� (topsoil, overburden, sand, gravel and Mono) and processing of materials In the A (Agricultural) Zone District ape II ;'. Ir•Jf r ii?MAfi(DN ,11E/%5f cow TA%. ;E ' JE::(' C�)t.li•:1"1' htAfTM[ •�.� _ . ��I rt;�r g7QiM)3 t!1OU t -.E r '`'a. vi:•a1 Li'• 'gFil fret ; rt-,-1 i171t,l j i1tient. 1t4 1 • - 4 41/2 County Road 16, looking west Northwest to Farmhouse from access drive c!unty Road 16, looking north from access drive C -'j • -4• -s C Lt...... • _ .'—.c n Y L t y Ca.ft ..r°i:r-• of Y.. •. ``.. � 4.1.•• .L:` a C�vP( Ll . r ' ;,atedt-'i.,',.C--a.•• it • -_ .t • • '< F _Y Y ..L.. �.". SY• ' .i , - I' 5 ..1 L ` 1 r `'l . f • , _-.. Jee '[L rt h__-, r. ` 'il ,e+'_'".iY_lLr1.-;,1a �.s -•r�1. ].• �,:I'�f��i-•�� "ti rtti-4 1h' t. e?cr•:. icscirs -• • — eSwe County Road 16, looking northeast from access drive a•;0 . �. taw F'd7aS a kilikr access,road € ut h wee .a -pass ro party Abk i - '�•_ z . "� - - ate -1. Existing Improvements 101.Wifis,i •:� a zit V. 0 r ' ! • f a II LK" N r • Sism 7 rr I - 3 i� • 'S G. _ _ t Elk.- - n site L ___ v i n_ • i 4 W Existing Improvements 9 - • •: .'ht .4 4-.�'�•''f f• L 1. • 'fi.r Ir.-)10‘ l• l• `f.y�'f• r__ „ - { • .�� + flit► s..•,k7r G.1 '"'a'-c.+.ti-h%`ii.Jirt„pri?t.M'- ' :rt .. .,4sr'Sr i f _[cam. ac.=SR�/• t . • j - r i• S t 1 -or,lir a. r . r { !, • • • ♦ S •� • :- • v J a • . • • • ✓ - a. . i►- .. % 41 • -1 , • �� •� [ .. 1 IF • JN 2%17. . -`•[ Y Looking east across. property GI fir f.s, •r • • A_ i�.1_ u it I Fit .�s • S t Looking north across property from proposed parking area during mining ARNOLD PIT NO.1 ARN0LD'S CUSTOM SEEDING M-2016-022 TyrunHUWaArflOtdSC05t0 Seeding, LLC, 4626 CR 65, Keenesburg, CO, (3 has applied for a mining permit with the Colorado Mined Land Reclamation Board. Anyone wishing to comment on the application may view the application at the County Clerk's or Recorders office, located at 1402 N.17th Avenue, Greeley, CO 80631, and should send comments prior to the end of the public comment period to the Colorado Mined Land RecLamation3567 Office at 1313 Sherman St. Denver, CO 80203 (303) 1 0 EXHIBIT From: Tyrun Huwa (Miete) <thuwa@mietellc.com> Sent: Monday, April 13, 2020 10:39 AM To: Kim Ogle <kogle@weldgov.com> Cc: Ron Spears (Duraroot) <rspears@duraroot.com>; Doug Cook (H2) <dcook@h-2e.com> Subject: RE: USR19-0075 lJ -bb'6 Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Kim, Per our phone call a few minutes ago we are good with moving our Hearing with the Planning Commissioner to May 5 at 12:30 pm. and the Board of County Commissioners on May 27, 2020 at 10:00am Thanks Tyrun Huwa From: Kim Ogle Sent: Friday, April 10, 2020 4:40 PM To: THUWA@MIETELLC.COM Cc: Ron Spears (Duraroot) <rspears@duraroot.com>; Kim Ogle <kogle@weldgov.com> Subject: USR19-0075 Hello and good afternoon, On April 3, 2020 I sent an email to you to bring you up to date on the future Planning Commissioners and Board of County Commissioners hearing dates. The Board of County Commissioners have taken action to have all public buildings closed through May 1, 2020 due to the ongoing Covid-19 pandemic. In taking this action, all public hearings are being rescheduled, including the Planning Commissioners Hearing and the Board of County Commissioners Hearing dates. Your original hearing dates of April 21, 2020 to Planning Commission and May 13, 2020 hearing date before the Board of County Commissioners has changed to the following: Planning Commissioner Hearing date: May 19, 2020 at 1230P Board of County Commissioners Hearing date: May 27, 2020 at 10:00 AM Both hearings are held in the Weld County Administrative Office Building, Hearing Room Located at 1150 "O" Street (County Road 64) Greeley Please provide confirmation to this email verifying that you are available for the suggested dates. Thank you and Stay Well Kim Ogle Principal Planner Weld County Planning Services 1555 North 17th Avenue Greeley, Colorado 80631 970.400.6100 Office 970.400.3549 Direct kogle@weldgov.com Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Kim Ogle Sent: Friday, April 3, 2020 12:10 PM To: THUWA@MIETELLC.COM Subject: Public Hearing Schedule for USR19-0075 Hello Tyrun The Board of County Commissioners have taken action to have all public buildings closed through May 1, 2020 due to the ongoing Covid-19 pandemic. In taking this action, all public hearings are being rescheduled, including the Planning Commissioners Hearing and the Board of County Commissioners Hearing dates. Your original hearing dates of April 21, 2020 to Planning Commission and May 13, 2020 hearing date before the Board of County Commissioners has changed to the following: Planning Commissioner Hearing date: May 19, 2020 at 1230P Board of County Commissioners Hearing date: May 27, 2020 Both hearings are held in the Weld County Administrative Office Building, Hearing Room Located at 1150 "O" Street (County Road 64) Greeley I have attached the staff report and referral agency responses for your review Questions may be directed to me at the office Please provide a written response back on this e-mail account verifying that you are available for the suggested dates. Thank you, Kim Ogle Principal Planner Weld County Planning Services 1555 North 17th Avenue Greeley, Colorado 80631 970.400.6100 Office 970.400.3549 Direct kogle@weldgov.com Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. PIAMMIRIRNMONStlITINC, July 11, 2019 Henry Lynn Irrigation Hudson, Colorado 80642 Subject: Irrigation Ditch Agreement — Mine Permit Application for Arnolds Custom Seeding Dura root, LLC, on behalf of Arnolds Custom Seeding, is converting the existing 110 Mine Permit M-2106- 022 to a 112 Mine Permit due to the expanded operation. The enclosed Notice is being sent to you because it is our understanding you own an adjacent irrigation ditch along Arnolds Custom Seeding's proposed topsoil mining operation known as Arnold Pit No. 1. The location of the of subject property is part of the Northwest % of Section 35, Township 2 North, Range 63 West in Weld County, Colorado. Arnolds Custom Seeding LLC is in the process of filing a 112 Reclamation Permit Application with the Colorado Division of Reclamation, Mining and Safety. As we understand, the irrigation ditch runs north -south on the western boundary of the project, adjacent to County Road 69. There will be no reason that the proposed mining operations will impact the ditch. Enclosed with this letter is a "Ditch Agreement" whereby Arnolds Custom Seeding LLC agrees to provide compensation for any damages to the referenced irrigation ditch as a result of mining top soil from the subject property. if the enclosed Ditch Agreement is acceptable to you please complete the portion of the agreement identified as "Notary for Structure Owner" and return same to Mackenzie Fernald, Duraroot, LLC, 810 Brickyard Circle #4, Golden, Colorado 80401. If you have any questions about Arnolds Custom Seeding LLC Reclamation Permit Application please contact the Colorado Division of Reclamation, Mining and Safety at (303)-866-3567, or you can call me, Mackenzie Fernald at (970) 729-2421 for further information. Sincerely, Mackenzie Fernald Duraroot Environmental, U.C 4626 WCR 65 Keenesburg, CO 80643 303-732-4021 Ditch Agreement This letter has been provided to you as the owner of irrigation ditch along the proposed mine site The County of Weld County, State of Colorado, Planning and Building Department Charter and County Code Section 23-2-370 requires that The applicant shall submit to the Department of Planning Services a copy of an agreement with the owner of any ditch located on or adjacent to the site, OR shall provide written evidence that an adequate attempt has been made to mitigate the concerns of the ditch owners. The agreement shall stipulate that ditch activities have adequately been incorporated into the design of the site if such agreement cannot be reached, the applicant shall present evidence that an adequate attempt to reach such agreement has been made. CERTIFICATION The Applicant, Arnolds Custom Seeding LLC (print applicant/company name), by Tyrun Huwa (print representative's name), as Director (print representative's title), does hereby certify that Irrigation Ditch, Henry Lynn (structure owner) shall be compensated for any damage from the proposed mining operation to the above listed structure(s) located on or within 200 feet of the proposed affected area described within Exhibit A, of the Reclamation Permit Application for Arnold Pit No 1 (operation name), File Number M- 2016 022 This form has been approved by the Colorado Mined Land Reclamation Board pursuant to its authority under the Colorado Land Reclamation Act for the extraction of Construction Materials and the Colorado Mined Land Reclamation Act for Hard Rock, Metal, and Designated Mining Operations. Any alteration or modification to this form shall result in voiding this form NOTARY FOR PERMIT APPLICANT ACKNOWLEDGED BY Applicant Arnolds Custom Seeding LLC Representative Name Tyrun Huwa Date July 16, 2019 Title Director STATE OF 1'Q COUNTY OF 1C'l ) )ss The foregoing was acknowledged before me this /II't i� day of ! , lk) e/ by ((L+,«_ as 1i(ri of / l O,,to ivi tLlitdt LL ltl, v 71)Ii1L Notary Public (1 My Commission Expires MONICA L VICKERS NOTARY PUBLIC STATE OF COLOMBO NOTARY ID 20034011009 MY COMMISSION EXPIRES 6/10/2023 Stricture Agreement This letter has been provided to you as the owner of a structure on or within two hundred (200) feet of a proposed mine site The State of Colorado, Division of Reclamation, Mining and Safety ("Division") requires the where a mining operation will adversely affect the stability of any significant, valuable and permanent man-made structure located within two hundred (200) feet of the affected land, the Applicant shall either; a Provide a notarized agreement between the Applicant and the Person(s) having an interest in the structure, that the Applicant is to provide compensation for any damage to the structure; or b. Where such an agreement cannot be reached, the Applicant shall provide an appropriate engineering evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining operation, or c Where such structure is a utility, the Applicant may supply a notarized letter, on utility letterhead, from the owner(s) of the utility that the mining and reclamation activities, as proposed, will have "no negative effect" on their utility (Construction Materials Rule 6.312 and Rule 6 419 & Hard Rock/Metal Mining Rule 6 312 and Rule 6 4.20) The Colorado Mined Land Reclamation Board ("Board") has determined that this form, if properly executed, represents an agreement that complies with Construction Materials Rule 6 3.12(a), Rule 6 4.19(a), and C R.S § 34-32 5-115(4)(e) and with Hard Rock/Metal Mining Rule 6.3 12(a), Rule 6 4 20(a), and CRS. § 34-32-115(4)(d). This form is for the sole purpose of ensuring compliance with the Rules and Regulations and shall not make the Board or Division a necessary party to any private civil lawsuit to enforce the terms of the agreement or create any enforcement obligations in the Board or the Division. The following structures are located on or within 200 feet of the proposed affected area: 1 2 3 4 5 Irrigation Ditch, Henry Lynn — /3.,...",2_,cd?'/01-, —, / A / O/14 -L, ,__, . el- _Dit.e-- -1,-- r--6.<02, eake.- O (Please list additional structures on a separate page) NOTAr:Y FOR STRUCTURE OWNER ACKNOWLEDGED BY: Structure Owner �//e.-Al Date STATE OF COUNTY OF U,U4 )ss ) i Plame Title he foregoing was acknowledged before me this 7 day of GC1 Jbrio c.- as P' okfo - of Notary Public My Commission Expires /P',1 4 - ae)40 Susan K Kitzman NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20044041221 MY COMMISSION EXPIRES Decembe 24, 2020 EXHIBIT QUIT CLAIM DEED U, a vksv kck r OO1 5 THIS DEED, made this day of 20th Day of April, 2020 , by Richard and Patricia Huwa, GRANTOR, whose address is 4202 CR 65 Keenesburg, CO 80643, and Richard and Patricia Huwa, GRANTEE, whose address is 4202 CR 65 Keenesburg, CO 80643. For consideration of ***$10.00 Ten dollars and other good valuable consideration *** in hand paid, hereby sells and quitclaims the following real property in the said, County of WELD , and State of Colorado, to wit: Northwest quarter of Section 35, Township 2 North, Range 63 West of the 6th P.M., Weld County, Colorado Also known as street and number N/A Signature of Grantor On ;nature of Grantor ao c 1-11,2t(m Printed name of Grantor ackT\cLe..... •\\ usu..° Printed name of Grantor , 20 49,1) , Richard and Patricia Huwa personally came before me and, being dully sworn, did state that he and/or she is the person described in the above document and that he/she signed the above document in my presence. Witness my hand and official seal. My commission expires g? (al aoa3 When recorded return to: Richard and Patricia Huwa 4202 CR 65 Keenesburg, CO 80643 Notary Public MELISSA K. SPORNEY Notary Public State of Colorado Notary ID # 20034024734 My Commission Expires 08-12-2023 4584885 Pages: 1 of 1 04/23/2020 11:18 AM R Fee:$13.00 D Fee:0.00 Carly Koppes: Clerk and Recorder: Weld County, CO July 11, 2019 ENVIRONMENTAL CUNSIILTIHU EXHIBIT il! 2 Cs) CLSRta1 - O61 5 Henry Lynn Irrigation Hudson, Colorado 80642 Subject: irrigation Ditch Agreement — Mine Permit Application for Arnolds Custom Seeding Duraroot, LLC, on behalf of Arnolds Custom Seeding, is converting the existing 110 Mine Permit M-2106-- 022 to a 112 Mine Permit due to the expanded operation. The enclosed Notice is being sent to you because it is our understanding you own an adjacent irrigation ditch along Arnolds Custom Seeding's proposed topsoil mining operation known as Arnold Pit No. 1. The location of the of subject property is part of the Northwest 1 of Section 35, Township 2 North, Range 63 West in Weld County, Colorado. Arnolds Custom Seeding LLC is in the process of filing a 112 Reclamation Permit Application with the Colorado Division of Reclamation, Mining and Safety. As we understand, the irrigation ditch runs north -south on the western boundary of the project, adjacent to County Road 69. There will be no reason that the proposed mining operations will impact the ditch. Enclosed with this letter is a "Ditch Agreement" whereby Arnolds Custom Seeding LLC agrees to provide compensation for any damages to the referenced irrigation ditch as a result of mining top soil from the subject property. If the enclosed Ditch Agreement is acceptable to you please complete the portion of the agreement identified as "Notary for Structure Owner" and return same to Mackenzie Fernald, Duraroot, LLC, 810 Brickyard Circle #4, Golden, Colorado 80401. if you have any questions about Arnolds Custom Seeding LLC Reclamation Permit Application please contact the Colorado Division of Reclamation, Mining and Safety at (303)-866-3567, or you can call me, Mackenzie Fernald at (970) 729-2421 for further information. Sincerely, Mackenzie Fernald Duraroot Environmental, LLC 4626 ICR 65 Keenesburg, CO 2064 303-732-4021 Ditch Agreement This letter has been provided to you as the owner of irrigation ditch along the proposed mine site The County of Weld County, State of Colorado, Planning and Building Department Charter and County Code Section 23-2-370 requires that. The applicant shall submit to the Department of Planning Services a copy of an agreement with the owner of any ditch located on or adjacent to the site, OR shall provide written evidence that an adequate attempt has been made to mitigate the concerns of the ditch owners. The agreement shall stipulate that ditch activities have adequately been incorporated into the design of the site. if such agreement cannot be reached, the applicant shall present evidence that an adequate attempt to reach such agreement has been made , l CERTBFICATION The Applicant, Arnolds Custom Seeding LLC (print applicant/company name), by Tyrun Huwa (print representative's name), as Director (print representative's title), does hereby certify that Irrigation Ditch, Heniy Lynn (structure owner) shall be compensated for any damage from the proposed mining operation to the above listed structure(s) located on or within 200 feet of the proposed affected area described within Exhibit A, of the Reclamation Permit Application for Arnold Pit No 1 (operation name), File Number M- 2016 022 This form has been approved by the Colorado Mined Land Reclamation Board pursuant to its authority under the Colorado Land Reclamation Act for the ektraction of Construction Materials and the Colorado Mined Land Reclamation Act for Hard Rock, Metal, and Designated Mining Operations. Any alteration or modification to this form shall result in voiding this form NOTARY FOR PERMIT APPLICANT ACKNOWLEDGED BY Applicant Arnolds Custom Seeding LLC Representative Name Tyrun Huwa Date July 16, 2019 Title Director STATE OF (10 )ss COUNTY OF The foregoing was acknowledged before me this It day of t ti tj by Pill.. as _ >� ;f. of L !L:_.iLL_ t 4 I { { , ` s I i i : My Commission Expires _ Notary Public MONICA!. VICKERS NOTARY PUBUC STATE OF COLORADO NOTARY ID 20034011009 MY COMMISSION EXPIRES I3/10/2023 Structure Agreement This letter has been provided to you as the owner of a structure on or within two hundred (200) feet of a proposed mine site The State of Colorado, Division of Reclamation, Mining and Safety ("Division") requires the where a mining operation will adversely affect the stability of any significant, valuable and permanent man-made structure located within two hundred (200) feet of the affected land, the Applicant shall either, a Provide a notarized agreement between the Applicant and the Person(s) having an interest in the structure, that the Applicant is to provide compensation for any damage to the structure, or b Where such an agreement cannot be reached, the Applicant shall provide an appropriate engineering evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining operation, or c. Where such structure is a utility, the Applicant may supply a notarized letter, on utility letterhead, from the owner(s) of the utility that the mining and reclamation activities, as proposed, will have "no negative effect" on their utility (Construction Materials Rule 6.312 and Rule 6 419 & Hard Rock/Metal Mining Rule 6 3.12 and Rule 6 4.20) The Colorado Mined Land Reclamation Board ("Board") has determined that this form, if properly executed, represents an agreement that complies with Construction Materials Rule 6 3 12(a), Rule 6 4 19(a), and C R.5 § 34-32.5-115(4)(e) and with Hard Rock/Metal Mining Rule 6 3 12(a), Rule 6 4 20(a), and C R 5 § 34-32-115(4)(d) This form is for the sole purpose of ensuring compliance with the Rules and Regulations and shall not make the Board or Division a necessary party to any private civil lawsuit to enforce the terms of the agreement or create any enforcement obligations in the Board or the Division The following structures are located on or within 200 feet of the proposed affected area: Irrigation Ditch, Henry Lynn A /0~ p$ p , -c' 7 � " r 1 2 3 4 5 c 47)6(-- r-6 At- eake, D /d-74.--0(_, (Please list additional structures on a separate page) c( tee. -t f h e 15' ICU ice, 2D L 2 '1 ra f e e drl- a O1 +ee Pros p e -1 c."1 , - iU L y C ) NOTARY FOR STRUCTURE OWNER ACKNOWLEDGED BY: Structure Owner Jr//e-ir r ar-Name Date � if .2 Title STATE OF COUNTY OF Id ) )ss ) .-- he foregoing was acknowledged before me this / day of ‘iT 04 itri oc., asQ0Y6}t✓ of CaJ Notary Public 0.11-) My Commission Expires /P- ell'?vO Susan K Kann' an NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20044041221 MY COMMISSION EXPIRES December24, 2020 Hello