HomeMy WebLinkAbout20201511.tiffINVENTORY OF ITEMS FOR CONSIDERATION
Applicant Arnold's Custom Seeding, LLC Case Number USR19-0075
Submitted or Prepared
Prior to At
Hearing Hearing
'
Undated
received
Ditch
May
Agreement
1, 2020
from
Applicant
to
Hen
ry ly
ri Irrigation
District,
2
Photographic
2020
evidence
of site clean-up
and removal
of
NCJY
received 5-3-
3
Staff
Memorandum
— COA I.D
Condition
Met,
Modification
to
Staff
Report
4
5
I hereby certify that the items identified herein were submitted to the Department of Planning Services at
or prior to the scheduled Planning Commissioners hearing,
Kim Ogle Planner
Ditch greerent
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 hove
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.
EXHIBIT
PA( i 7
ERVt' : N :NT 1. C0NSIJI.IINR
July 11, 2019
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 -210h-
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 'A 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. lithe 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)-866-3507, or you can call
me, Mackenzie Fernald at (970) 729-2421 for further information.
Sincerely,
Mackenzie Fernald
Duraroot Environmental ILC
4626 WCR 65 Kee nest u r8, CO 80643 303-73Z-4021
Structure A reement
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 5.3.12 and Rule 5.4.19 & Hard
Rock/Metal Mining Rule 6.3.12 and Rule 5.4.20)
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 5.3.12(x), Rule 6.4.20(o),
and C.R.S. § 34-32-115(4)(d). This farm 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
1.
2.
3.
4.
5•1
(Please list additional structures on a separate page)
CERTIFICATION
The Applicant,
J�r�n ld Custom Seeding I�L (print a pplicant/company narnei,
by brim Hluwa _ (print representative's name), as DLrector _ (print
representative's title), does hereby certify that Irrigeliton 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 Ar oid Pit Na. I _ (operation name),
File Number M- 2016 922
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 Lard Reclamation Art for Hard Rack, Metal, and Designated Mining Operations.
Any alteration or modification to this form shall result in voiding this form,
tiflOTARY FOR PERMIT APPLICANT
ACKNOWLEDGED BY:
Applicant Arnolds Custom Seeding LC
Date July 16, 2019
STATE OF
COUNTY OF (�'I
)ss.
The foregoing was acknowledged before me this
;1j,, ,i I ILirs7= as a ,.. ir ; r_
Notary Public
Representative Name Tyrun Huwa
Title Director
Is
IIYY
LsJul__� day aF
of a�
- r
My Commission Expires:
MONICA L VICKERS
NOTARY PUBLIC
STATE OF COLORADO
NOTARY M0 20034011009
34011
MY COMMISSION PIRES 8/10/2023
NOTARY FOR. STRUCTURE OWNER
ACKNOWLEDGED BY:
Structure Owner Name
Date Title
STATE OF }
)ss.
COUNTY OF )
The foregoing was acknowledged before me this ` day of by
as of
My Commission Expires:
Notary Public
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From: Tyrun Huwa (Miete) <thuwa@mietellc.com>
Sent: Sunday, May 3, 2020 11:18 AM
To: Kim Ogle <kogle@weldgoer.com>
Subject: Clean up Complete
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,
In the document you sent it states that the cleanup needs to happen and (Photographic
evidence of this action taken shall be submitted to the Department of Planning Services).
The Pictures are below as the cleanup is complete. Does sending the picture to you work
or do I need to send them to someone else?
Thanks Kim and we will see you Tuesday.
Tyrun Huwa
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MEMORANDUM
TO: Planning Commission
DATE: May 5, 2020
FROM: Kim Ogle, Planning Services
SUBJECT: Modification to the Staff Recommendation, U R 19-0075
The applicant has submitted photographic evidence that under Condition of Approval -- Prior to
recording the USR map, item 1.D has been addressed. This condition states:
All vehicles located on the property must be operational with current license plates or be screened
from all adjacent properties and public rights of way or be removed from the property.
As this is an old farmstead with outbuildings, there are components associated with a non-
commercial junkyard that are present on the property. This includes tin blown off of buildings, a pick-
up without current tags, an over the road commercial vehicle without engine, shot out windows and
appears to have been in a crash, piles of debris from demolished old buildings, obsolete tires,
general debris, et cetera.
Ail other items considered to be part of a noncommercial junkyard must also be removed from the
property or screened from adjacent properties and public rights -of -way. Photographic evidence of a
noncommercial junkyard and derelict vehicles was obtained during the planting of the land use
hearing sign and site visit on March 25, 2020.
The applicant shall remove the commercial vehicle from the property and either remove or erect a
privacy fence to screen all components of the non-commercial junkyard from adjacent properties and
public rights -of -way. Photographic evidence of this action taken shall be submitted to the
Department of Planning Services.
The complete document is identified as Exhibit 2 in the inventory of items
EXHIBIT
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