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Home My WebLink About780436.tiff RESOLUTION RE: APPROVAL OF AMENDMENT TO SPECIAL USE PERMIT NO. 271 - COLORADO DIVISION OF HIGHWAYS. WHEREAS, the Board of County Commissioners of Weld County, Colcrado, 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, on June 14 , 1978 at 2 :00 o 'clock p.m. , the Board of County Commissioners of Weld County, Colorado held a hearing to consider the request by the Colorado Division of Highways , 1420 2nd Street, Greeley, Colorado 80631 for an amendment to Special Use Permit No. 271 granted to the applicant on March 5 , 1975 , and WHEREAS, the applicant has requested an amendment to Special Use Permit No. 271 to expand the acreage for a gravel pit on a tract of land described as follows : Beginning at a point in the Northwest of Section 36, Township 9 North, Range 66 West, from which point the N.W. corner of Section 36, Township 9 North, Range 66 West bears N 20°35' W a distance of 1447.3 feet. 1 Whence N 89°10' E a distance of 600 feet; 2. Thence, S 0°50' E a distance of 225.4 feet; 3. Thence, N 89°10' E a distance of 250.0 feet; 4. Thence, S 0°50' E a distance of 324.6 feet; 5. Thence, S 89°10' W a distance of 850.0 feet; 6. Thence, N 0°50' W a distance of 550.0 feet; more or less to the point of beginning. WHEREAS, the Board reviewed the testimony of the applicant and of all others present, and reviewed the recommendations of the Weld County Planning Commission, and having been fully in- formed and satisfied that the above described request for an amendment to Special Use Permit No. 271 is in the best interest of Weld County, Colorado. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that Special Use Permit No. 271 be and hereby is, amended as set forth in the recommendation of the Weld County Planning Commission. 1 PII6L BE IT FURTHER RESOLVED that the findings of fact and reasons for approval contained in said Planning Commission recommendation, be and hereby are, incorporated into this Resolution as a part hereof. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of June, A.D. , 1978 . BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ,g_F:,-g- /1.--f,r2,-1--- ifr29--;- 4.„,.._ (9,..440....__ 19,,,z p e,,, ATTEST: ‘7:10-4A40-11w-17-&'114 ° 0 Weld County Clerk and Recorder and Clerk to the Board B '' ,P 6----0—v-rz-tk , ( )(,-&-LiKt7, Deputy County erk AP OVED AS TO FORM: K.. , Asst.Cour) A to ey Date Presented: June 19 , 1978 BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Date May 2, 1978 Case No. SUP# 356 : 78 : 8 APPLICATION OF Colorado Division of Highways c/o Joe A. Intermill , Jr. ADDRESS 1420 2nd Street Greeley, Colnrado 80631 Moved by Percy Hiatt that the following resolution be introduced for passage by the Weld County Planning Commission: Be it Resolved by the Weld Co 1 in ro s i that the appli- cation �� 71 �� nb PP cation for site approval of expanding acreage—gravgl i vexing the following described property in Weld County, Colorado', to-wit: t [GAL DLSCRIPTION Qk' Beginning at a point in the Northwest 1/4 of Section 36, Township 9 North, Range 66 West, from which point the N.W. corner of Section 36, d h Iownship 9 North, Range 66 West. bears N 20L' 35' W a distance of 1447.3 -3/3'g feet. 1 . Thence, N 89° 10' E a distance of 600 feet ; 2. Thence, e S 0`' 50' L a distance of 225.4 feet; 3. Thence, N 89" 10' E a distance of 250.0 feet; 4. Thence, S 0(' 50 ' E a distance of 324.6 feet; 5. Thence, S 89" 10' W a distance of 850.0 feet ; 6. Thence, N Or' 50' W a distance of 550.0 feet; more or less to the point of beginning. there are no engineering problems anticipated by this request . 4. The Weld County Health Department has indicated they have no problems with this request provided the applicant complies with the stipulations as outlined in their letter dated April 7, 1978. 5. The Colorado Geological Survey has indicated that they do not feel that the expansion of the present pit will adversely affect the area. Motion seconded by Ben Nix Vote: For Passage Chuck Carlson Against Passage Bette Kountz Ben Nix Jerry Kiefer Percy Hiatt Irma White Marge Yost The Chairman declared the Resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFIC'ITION OF COPY I, Shirley A. Phillips , Recording Secretary of the Weld County Planning Commission, do hereby certify that tie above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Color- ado, adopted on May 2, 1978 and recorded in Book No. VT of the proceedings of the said Planning Commission. STAT OF COL RADO COUNTY OF WELD ss, [fated the_ 3 _____day of j _ , 19_ 78 . f ilcd with th^ Clerk of the Board of County Commissiorers M AY "1 1978 Secretary COU T!FLrMK AM9 •G'Di' I By /} �;a�sst� �J- . • I • The Weld County Planning Commission held a scheduled meeting on May 2 , 1978, at 1 : 30 p .m. in the Weld County Centennial Center County Commissioners Hearing Room, 915 10th Street , Greeley, Colorado. Roll Call was as follows : Chuck Carlson Present Ben Nix Present Jerry Kiefer Present Percy Hiatt Present Irma White Present Marge Yost Present Bette Kountz Present Harry Ashley Absent Frank Suckla Absent Also present were : Gary Z. Fortner, Director of Planning Tom Honn , Zoning Administrator Chuck Cunliffe, Assistant Zoning Administrator Kay Norton, Assistant County Attorney As a quorum was present , the meeting proceeded as scheduled. The minutes of the April 18, 1978 , meeting were unanimously approved. APPLICANT: Best-Way Paving Company, etal CASE NUMBER: SUP-347 : 77 : 21 LEGAL DESCRIPTION: Pt . NE , Section 2 , T5N, R66W LOCATION: Northwest of the intersection of 35th Avenue and 4th Street SUBJECT: Open Cut Mining Permit for Gravel Pit APPEARANCE : Tom Connell , Carl Hill , Robert Mathias DISCUSSION: Tom Connell , attorney for Best-Way Paving Company , first briefly stated that they have submitted all required plans, maps, etc. for consideration by the Planning staff and the members of the Planning Commission . IIe then introduced Carl Hill , President of Best-Way Paving Company, who gave a short presentation to the Planning Commission on the purpose of the application and why they are requesting the permit . Best-Way desires to expand their operation to include an additional 45 acres . He stated that this is a unique piece of ground in that they can extract the maximum amount of gravel from the site and all the material can be mined . Mr . Hill also stated that they have changed one item in regard to the berm and the fence on the southwest portion of the site. Two of the area residents along that side of the property expressed that they would rather not have a berm. They like the view to the east that they now have, so Best-Way has proposed to replace the privacy fence with a chain link fence. There being no questions or discussion at this time, Tom Honn read the staff' s recommendation for approval and the Operations Standards. Jerry Kiefer then asked for clarification of the of the recommendation by the City of Greeley and the Planning staff ' s recommendatin regarding a berm and a privacy fence as opposed to a 100' setback. The Planning staff felt a berm and privacy Fence would have a greater effect on buffering the operation from the existing residential uses rather than the 100' setback. Irma White also asked for clarification regarding the drainage of which Drew Scheltinga of the Engineering Planning Commission Minutes Page 2 May 2 , 1378 Department responded. He stated he sees no problem at this time. Chairman Carlson then opened the floor for audience participation. At this time Larry Wikholm, representing H.O.P .E. (Homeowners Opposed to Pit Expansion ) , a group of surrounding property owners , again expressed his opposition to the gravel pit and asked Dick Keirnes of the Greeley Planning Commission to comment on the proposal . Mr. Keirnes stated that the City of Greeley Planning staff recommendation was for a 200' setback from 4th Street and the City Planning Commission recommendationed a 100' setback be provided. Discussion followed among the Planning Commission members regarding the berm. Ruth Sens, Chairman of H.O.P.E. , then presented to the Planning Commission other requests other than what the Planning staff recommended regarding buffering and area protection, maintenance of the buffers , the existing plant site, reclamation and monitoring and enforcement . Kay Norton, Assistant County Attorney , responded to the comment regarding monitoring and enforcement by stating that this would be unlawful delegation . Tom Hellerich, attorney representing Mr. and Mrs. Ray Larson , expressed that there should be a setback, especially with regard to the Larson ' s property . He also stated the Larson ' s oppose a chain link fence along the west side of the property. They are in favor of a 6 ' privacy fence as recommended by the Planning staff and also a 6 ' berm. Mrs. White asked for clarification again as to where the berm would he located on the west side of the property. Discussion followed. At this time Robert Mathias of R. V. Lord and Associates showed the Planning Commission an overlay which showed the property as it exists now and then how it would look with the berm and trees . Discussion followed regarding maintenance of the berm. Vicki Reed then read the motion by the City of Greeley Planning Commission regarding the 100' setback. Ray Larson expressed some concern as to how high the berm would go on his property line on the west side. His property extends 4 ' higher than Best-Way' s property . Mrs . Ray Larson also expressed a great deal of concern in opposition to the proposal by Best-Way. The Larson ' s presently own eight lots which abutts Best-Way ' s property . Donna Jackson stated she felt the trees proposed to he planted should be 6 ' high nursery stock . Chairman Carlson then asked about the irrigation ditch and how far it is away from property lines and how much fill will be needed there. Discussion followed. Bette Kountz asked what size trees would be planted when they are planted. Discussion followed. MOTION: Be it therefore resolved to continue the meeting to May 16 , 1978, to receive further input regarding the setback on the west side, height and quality of trees and type of fencing and where it is going to be located on the property . Motion by Percy Hiatt , seconded by Irma White. A vote of "aye" by Chuck Carlson , Ben Nix, Percy Hiatt , Jerry Kiefer, Irma White, and Bette Kountz. Marge vost cast a vote of absention . Motion carried. Planning Commission Minutes Page 3 May 2 , 1978 APPLICANT: Colorado Division of Highways \, CASE NUMBER: SUP-356 : 78 : 8 i LEGAL DESCRIPTION: Pt . NW , Section 36 , T9N, R66W ' LOCATION: 2 miles east of Nunn ' t SUBJECT: Amend Si1P-271: 71 : 34 by expanding acreage for gravel pit APPEARANCE : Joe Iritermill DISCUSSION: Mr. Intermill explained to the Planning Commission members that the gravel pit for SUP-271 is on property owned by Mr. and Mrs. Lynn Shipps. The Colorado Division of Highways have an option to purchase material from the Shipps as the need arises for the maintenance, repair and construction of highways in the area. The SUP they now have, is for 5 . 1 acres which was obtained in March of 1975 and they now want to enlarge the area to 9. 4 acres . They did not realize at the time they took out the SUP in 1975 that they needed to include a plant and stock pile area and now need more room to work. There is also a possibility that several years from now they may want to enlarge and remove more Ii material , which is the reasons for their request . He stated that material hauled from the area will normally be on a private road owned by the owner to County Road 98 and then hauled west of U.S . 85. Gravel is being Y';I removed at this time from the creek bed area. A reclamation plan will be ' utilized if needed. Expansion will take effect immediately . There being no questions at this time, Chuck Cunliffe read the staff ' s recommendation for approval of this expansion. No further discussion . MOTION: Be it therefore resolved to recommend approval to the Board of County Commissioners based on the staff ' s recommendation. Motion by Percy Hiatt , seconded by Ben Nix. A vote of "aye" by Chuck Carlson , Jerry Kiefer, Ben Nix, Percy Hiatt , Bette Kountz, Irma White, and Marge YOst . Motion carried. APPLICANT: Colorado Division of Highways CASE NUMBER: SUP-357: 78 : 9 LEGAL DESCRIPTION: Pt . N-- , Section 33, T1N, R65W LOCATION: 2 miles east of Lochbuie SUBJECT : Borrow Pit APPEARANCE : Ken Woods DISCUSSION: Mr. Woods stated that they propose a borrow pit on the Eichner property. It will he used for highway construction for banking. Present use of the area is a wheat farm. The mining plan is to remove the top 8" of soil and stock pile it , then excavate the material to an average depth of approximately 7 ' at a 15 to 1 slope . The material will be hauled down County Road 4 for 1. 1 mile to I-76 where the proposed project is . The reclamation plan after excavation is basically to replace the stock piled material and fertilize it with cow manure at the recommendation of the Soil Conservation Service. The staff contacted Mr. Wood with regard to concern about dust on County Road 4 . Mr. Wood indicated they will take measures to control the dust with water or emulsified asphalt . Mrs. Yost questioned as to how many homes were along County Road 4. Mr . Wood responded there were five. Some discussion followed regarding the scheduling involved to haul the bulk out . Chuck Cuul i I' fe Chen reseed the staff '; recommendation for approval . No further discussion . s 0 0 Planning Commission Minutes Page 4 May 2 , 1978 MOTION: Be it therefore resolved to recommend approval based on the staff ' s recommendation to the Board of County Commissioners . Motion by Marge Yost , seconded by Irma White . A vote of "aye" by Chuck Carlson , Ben Nix, Percy Hiatt , Jerry Kiefer , Irma White, Bette Kountz, and Marge Yost . Motion carried. APPLICANT: Robert Meddles CASE NUMBER: CUP-34: 78: 3 LEGAL DESCRIPTION: Pt . NWk, Section 15, T1N, R68W LOCATION: 2l miles east and 3/4 miles north of Erie SUBJECT: Horse stables and single family residence APPEARANCE: Robert Meddles DISCUSSION: Mr. Meddles stated that their intentions are to have a horse ranch in the business of selling, breeding, and training horses . When the operation is fully developed, they anticipate having 20 horses on the property . Of the 40 acres involved, three acres would be used for buildings, seven acres would be used for pasture and the remaining 30 acres would be used primarily for raising alfalfa and grain . He also said he does not feel the operation would be detrimental to the air or water or noise levels . Also, the existing roads are in good condition. Disposal of waste will be spread on the acreage. Bedding will be straw and cleaned daily or more if necessary. There being no questions at this time, Chuck Cunliffe read the staff ' s recommendation for approval of this request and the Development Standards . Mr. Carlson asked if the applicant was aware or notified of possible ground sub- sidence in the area. Chuck Cunliffe said the Colorado Geological Survey reviewed the application and have no problems with it . Mr . Meddles showed Mr. Carlson a map he had which showed that there would he no problem with subsidence. Mrs . White was concerned with Development Standard #2 and why it specified a certain number and kind of horse. She felt it should read simply 20 horses . Mr. Cunliffe stated that the applicant had submitted it to read specified numbers and kind of animals. Mr. Cunliffe said this could be deleted from the Development Standards . Mr Hiatt commended Mr. Meddles for his facts and figures regarding the application . MOTION: Be it therefore resolved to recommend approval based on the staff ' s recommendation with the deletion of the last sentence in Development Standards #2 which reads , "This will include one stallion ; 2 brood mares ; 2 horses in training and 15 boarding horses. " Motion by Irma White , seconded by Jerry Kiefer. A vote of "aye" by Chuck Carlson, Ben Nix, Jerry Kiefer, Percy Hiatt , Irma White, Bette Kountz, and Marge Yost . Motion carried. APPLICANT: John Valdez CASE NUMBER: S-14(3 : 78 : 3 LEGAL DESCRIPTION: Pt'. NE , Section 9, T1N, R68W LOCATION: 2 miles east and 1 mile north of Erie SUBJECT: Itop l al, of Trot 4 , Scott ' s Acres APPEARANCE : John Va I cici r IIP 4IP Planning Commission Minutes Page 5 May 2 , 1978 - DISCUSSION: Mr. Valdez is requesting to split Lot 4 of Scott ' s Acres and share it with Mr. Ignacio Vasquez. Tom Tlonn further explained that the property is presented owned by Mr. and Mrs. Valdez and Mr. and Mrs . Vasquez. It was divided in 1969 under the former regulations . The purpose of the replat is to clarify the ownership and properly describe within the subdivision plat the lots which exist as of 1969 , but have never effectively been identified on the subdivision plat itself. Iie then read the staff ' s recommendation for approval of the request . Mr . Carlson asked Mr. Valdez if he was aware that the property was over the Boulder Valley coal field. Mr. Valdez said he was aware of this . Mr. Carlson recommended the applicant invesitage this further before building a home on this property . MOTION: Be it therefore resolved to recommend approval to the Board of County Commissioners based on the staff ' s recommendation. Motion by Jerry Kiefer, seconded by Bette Kountz. A vote of "aye" by Chuck Carlson , Ben Nix, Jerry Kiefer, Percy Hiatt , Irma White, Bette Kountz, and Marge Yost . Motion carried. APPLICANT: Eaton Ford, Inc. CASE NUMBER: VI-76 : 77: 24 LEGAL DESCRIPTION: Pt . E- SE , Section 25, T7N, R66W LOCATION: 1 mile north of Eaton on west side of U.S . Highway 85 SUBJECT: Auto and truck sales in the Agricultural District and sign violations APPEARANCE : Jay Steinberger, owner of Eaton Ford DISCUSSION: Cathy Carter, Zoning Inspector, read the background history of the zoning violation giving specific dates and occurrences up to the present time. Mr. Steinberger stated he was not ignoring the requests and has been pre-occupied with his business. IIe intended that his attorney would be able to help in getting better organized. He said now that he has contacted C. E. Tech to work on the rezoning application. He feels if he could have until June 8, 1978, that the change of zone application will be submitted before that date. Discussion followed regarding the time involved to proceed with the change of zone. Mrs. Kountz asked why they would not annex to Eaton . Mr. Steinberger indicated the property in question is not contiguous to the existing town limits of eaton . MOTION: Be it therefore resolved to recommend a time extension to June 8, 1978, to allow Mr. Steinberger to submit an application for a change of zone to the Planning staff . If not received by then , the matter will be forwarded to the Board of County Commissioners for legal action . Motion by Ben Nix, seconded by Irma White. A vote of "aye" by Chuck Carlson , Ben Nix, Jerry Kiefer, Percy Hiatt , Irma White, Marge Yost and Bette Kountz. Motion carried. Respectfully submitted, Shirley A. Phillips Date: Nay 2, 1978 CASE NUMBER: SUP-356 : 78 : 8 NAME: Colorado Division of Highways REQUEST: Amend SUP-271: 74: 34 by expanding acreage for gravel pit LEGAL DESCRIPTION: Pt . NW4j Section 36, T9N, R66W LOCATION: 24 miles east of Nunn THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE approved FOR THE FOLLOWING REASONS : l Thi c rp n st i s i n snm l i ance withComnrAhensi Plan and the Weld County Extraction Plan, Mineral Resources , Volume II . The area in question is non-irrigated. The Weld County Extraction Plan states that extraction shall be accommodated in non-irrigated areas so long as appropriate extraction standards are followed. 2. This request is in compliance with the Operations Standards of Section 6. 1(3) of the Weld County Zoning Resolution. 3. The Weld County Engineering Department has indicated that there are no engineering problems anticipated by this request . 4. The Weld County Health Department has indicated they have no problems with this request provided the applicant complies with the stipulations as outlined in their letter dated April 7, 1978. 5. The Colorado Geologcial Survey has indicated that they do not feel that the expansion of the present pit will adversely affect the area. • D: Lot 4 Maintenance Nunn Shipps Pit !dditional Conditions Continued: 1. The ton 0.3' of any areas covered with overburden will be :`.,ripped and stockpiled. Then after gravel has been removed the stripped material will he spread on backslopes and bottom, of pit T•hi c_h is not laying in the creek channel 2. The backslopes and bottom of pit area that lays outside of the creek channel will be reseeded after gravel is removed. 3. Provisions are to he mace for the protection of livestock at all times. L. Backslopes are to be left no steeper than 3:1. 5. If haul road to the south is used a cattle guard will be installed at the south Property line and used in lieu of the owners electric gate. 6. Pit and nit area zee to be left in a neat condition. All asphalt and asphalt mix are to be removed from the owners Property. 7. Gravel removal operations Yill not exceed boundaries shorn on the sket^h yithout the owners perr^iesion. Q. Tn addition to the initial one hundred dollars paid bar the Jena rtmc nt to the owner for the lease agreement with option to buy-, the o--ner be paid an additional one hundred dollars (5:100.00) prior to March 15, 1978 and an additional :ne hundred dollars ( 100.00) prior to March 15, 1979. p. Prior to February 28 of each year this agreement is in effect, the ./enartment will review the royalty fee rer ton paid by t~e department for c:ravel in the area. In the event there is a change in price, a rider to this agreement rill be exercised adjusting the fifteen cents (l;¢) per ton roalty fee. DATE: May 4, 78 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners: If you have no objections, we have tentatively set the following hearings for the 14th of June, 1978 at 2:00 P.M. for: Colorado Division of Highways Amend SUP 271, Expanding Greeley acreage-gravel pit Colorado Division of Highways SUP, Borrow Pit for highway Greeley construction OFFICE OF THE CLERK TO THE BOARD B Y: 4:1-4_94 The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO (7/- //' 04.) ÷7YV-Y-•- 2 ,, DEPARTMENT OF PLANNING SERVICES } PHONE (303) 356-4000 EXT 400 915 10TH STREET 4, ® GREELEY, COLORADO 80631 • • COLORADO March 28, 1978 Mr. Joe A. Intermill , Jr. State Department of Highways 1420 2nd Street Greeley , Colorado 80631 RE : Request for a Special Use Permit to amend SUP-271 : 74 : 34 by expanding the acreage to 8. 5 acres from 5. 1 acres for an open cut mine permit/ gravel pit on a parcel of land described as Pt . of the NW4 of Section 36 , T9N, R66W of the 6th p .m. , Weld County , Colorado Dear Mr. Intermill : Your application and related materials for the above described request are complete and in order with the exception of obtaining a signature of the owner or authorized agent on the application form. I have scheduled a meeting with the Weld County Planning Commission for • May 2, 1978 , 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 repre- sentative be there to answer any questions the Planning Commission might have with respect to your application . It is the policy of Weld County to refer an application of this nature to any town lying within three miles of the property in question. Therefore , I have forwarded a copy of the materials submitted to the Town of Nunn for their review and comment . According to our records , the Town of Nunn should review and comment on your application on April 4 , 1978. Please contact Mr. James Turner at 897-2313 for further details on the Town of Nunn meeting. If you have any questions with regard to this matter, please do not hesitate to contact our office. Respectfully, •'1 Chuck Cttn l i f fe Ass isLant Zoning AdministraLor I y • SENDER Complete items 1,2,and i 1 e i r Add your address in the "RETURN TO" space on as\�o 3 reverse 1 7��rI1G� R.,A'-, m1. The following service is requested (check one). _ R�'CE«T FOR CI--: Show to whom and date delivered 254` [.3 I';� -. CC ^=G: 7% z ry 450 CAT VF-1 i' (I_':':C41,.::::AL f.fL < O Show to whom,date,&address of delive � �;v;:;�� a O RESTRICTED DELIVERY. $54 � ;i ( co — an Show to whom and date delivered O RESTRICTED DELIVERY. I, "—i�\ � v- Show to whom,date,and address of delivery ..51.05 "��: , (Fees shown are in addition to postage charges and other Ai )t try; �� fees). ck,o Cs \\� .4 -- 2- ARTICLE ADDRESSED TO: j • _ I y ' 3. ARTICLE DESCRIPfiON: m I�`I I C REGISTERED NO. CERTIFIED NO. INSURED NO. • I- I I - ! 1 M I C O m (Always obtain signature of addrossee or ascot) z, - zI have received the article described above. _ ,t_`� i — C G SIGNATURE ❑ Addressee O Authorized agent t.I,_.I -_ ''.;ii: a aTF A4D t) g A ,, ;p.r,_.-,1.;; iTH C 2 �J � p, r .-iBcitI)I Lr,r4Y--- --- r. 1—_I-r c=_MI a t 4 DATE OF DELIVERY POSTMARK 0TALp0STAr-AND FL=s $ 70 sn p037i?AR(07DATE 0 5. ADDRESS (Complete only 1f requested) o PI =' 6. UNABLE TO DELIVER BECAUSE: CLERK'S m INITIALS O 3 r:'I D r s GOP 15 5-0-203 456 t i S 4 Denver Regional Office 800 Grant Street 1=1 ANKS & SCOTT Oo. Denver, Colorado 80203 Telephone (303) 837-1515 L, nr111l-ti MAR 2 9 1978 March 28, 1978cREEI4Y, row. THE HARTFORD Don Franks - Franks & Scott Company 1218 - 8th Avenue Greeley, Colorado 80631 Re: Insured - Weld County Claimant - David Lunde Date of Accident - September 23, 1977 Dear Don: This letter will serve to confirm the information that the above small claims court action has been dismissed to our knowledge and we have maintained that the claimant did not make a proper claim and that he cannot take the County of Weld to Small Claims Court. We are closing our file at this time. Very truly yours, /T�latt Stegeman Claim Representative Denver Local Claims MS:ma • Hartford Fire Insurance Company Fartford Accident and Indemnity Company Hartford L Ito Insurance Company Hartford Casualty Insurance Company • New York Underwriters Insurance Company Iwin( ii,I ire n('eniiinny STATE DEPARTMENT OF HIGHWAYS District 4 JACK KINSTLINGER ° EXECUTIVE DIRECTOR Maintenance Shipps Pit DIVISION OF HIGHWAYS Nunn DISTRICT 4 E. N HAASE r DWIGHT M BOWER CHIEF ENGINEER N'<sNEso"- DISTRICT ENGINEER STATE OF COLORADO P O. BOX 850-1420 - 2ND ST • GREELEY, COLORADO 80631 • (303) 353-1232 March 27, 1978 DOH FILE 42100 Weld County Planning Commission 915 - 10th St. Greeley, Colo. 80631 Attn: Mr. Tom Honn Zoning Administrator Dear Mr. Honn, After further consideration of my discussion with you on expanding the area of the Department of Highways gravel pit operation on property owned by Lynn E. and Norma D. Shipps it was decided that it would be better to apply for permission to mine the additional area at this time. While we do not anticipate excavating in the new area in the near future we feel it will simplify matters to make application to the county for the entire area at the same time we make application to the state. Therefore, I am submitting with this letter 10 copies of a Weld County Special Use Application for Open Cut Mine Permit. ,�Q25 262I�8�,9 Very truly yours, �n DWIGHT M. BOWER DISTRICT ENGINEER Rk'"' MAR 7978 RECEIVED Weld County nn /I—�' c;-,- Planning Cannissicn O3M `1 v %1S Co Joe A. Intermill, Jr. (CPI�Iorc6 Materials Reconnaissance Engineer JAI:rd cc: D. M. Bower Fraser R. Miller File (2) J . District 4 Maintenance Shipps Pit - Nunn Doll FILE 04-21 Weld County Planning Commission Tom llonn Page Iwo March 20, 197!1 We will submit to the county a copy of our application to the state which will contain a map of the revised area. If you have any questions on this matter please feel free to contact me. Very truly yours, DWICHT M. ROOF R DISTRICT CNOTN[ F R / - ,' . / Joe A. Intermill , Jr. Materials Reconnaissance tngnneer JA1 :rd cc: D. M. Flower I raSJer R. Miller file (2) • J • STATE DEPARTMENT OF HIGHWAYS District 4 Maintenance JACK KINSTLINGER EXECUTIVE DIRECTOR Shipps Pit - Nunn DIVISION OF HIGHWAYS DISTRICT 4 E N. HAASE r � u DWIGHT M BOWER CHIEF ENGINEER N'<s,NE sot' DISTRICT ENGINEER STATE OF COLORADO P O BOX 850-1420 - 2ND ST • GREELEY, COLORADO 80631 • (303) 353.1232 March 20, 1978 DOH FILE 04-21 Weld County Planning Commission 915 - 10th Street Greeley, Colorado 80631 ATTN: Mr. Tom Honn Zoning Administrator Dear Mr. Honn, On March 5, 1978 the Board of County Commissioners of Weld County granted the Division of Highways - State of Colorado permission to operate a gravel pit on property owned by Lynn E. and Norma D. Shipps located in a portion of the N.W. 1/4 of Sec. 36, T.9N. , R.66W. of the 6th P.M. , Weld County, Colorado. In December of 1974 application was also made to the State Mined Land Reclamation Board for a permit to operate a gravel pit. However, due to reorganization of the department, ammendments to the original law, modifications of the rules and regulations of the board, etc. the Shipps pit was placed on our compliance plan and we are required to resubmit our permit application. At the time we made our original application to Weld County we were not aware that all land affected by the operation should be included in the permitted area. Therefore, we did not include sufficient area in the original application for stockpiles, plants, vehicle parking, etc. To provide for this additional area we request that the county grant us permission to expand the pit site from the origianl 5.1 acres, approved by the county, to 8.5 acres. The pit is located in a pasture and surrounded by land owned by the Shipps' so that the expansion should have virtually no additional effect on any adjoining land owners. District 4 Maintenance Shipps Pit - Nunn DOH FILE 04-21 Weld County Planning Commission Tom Honn Page Two March 20, 1978 We will submit to the county a copy of our application to the state which will contain a map of the revised area. If you have any questions on this matter please feel free to contact me. Very truly yours, DWIGHT M. ROWER DISTRICT ENGINEER Joe A. Intermill, Jr. Materials Reconnaisscnce Engineer JAI:rd cc: D. M. Bower Frasier R. Miller File (2) • y L l• .v s ,N l� �o 11- klzw iqA 3 ` m OFFICE OF COUNTY ATTORNEY /1i' ' FRANKS 8, SCOTT CO. P.O. Box 1948 PHONE (303) 356-4000 EXT. 369 �� r i x. t rt;r• r 1 • It � v � 74 JAL r (? .1 915 10TH STREET ' Jh�.Ii 1 .� I,ltJ ' t '1" " ~ I !1 GREELEY, COLORADO 80631 46;:ti.' COLO, COLORADO January 13 , 1978 Mr. Don Franks Franks and Scott Company 1218 8th Avenue Greeley, Colorado 80631 1 Dear Don: I enclose herewith a photocopy of a letter I 've written to- day to Mr. Joseph C. French, the Boulder County Attorney. I also enclose herewith a photocopy of the petition in small claims court, together with the photocopy of the agreement between Weld County and Boulder County. I discussed the matter with Mr. French and he has requested that I write this letter so that he may use it as part of the defense in the action filed in small claims court in Denver. I presume that Mr. Lunde may request payment from Weld County at a later date. Very ,ruly yours , Thomas 0. David Weld County Attorney TOD: jj Enc. P W FIELD CHECK FILING NUMBER SU%? 3S4v et- (p/1e) NAME S�., �1w r1\:pitS REQUEST x r, Y cure-a-- • LEGAL DI SCR IPT ON Rt. a . 3(079L3 )2, bVij • LAND USE N _ Pr r\Cu \\-u(O, 1 t , W Y\ C.u\VW(0‘ ZONING N Y \C(J1A kvr-(K.\ LOCATION 14 Y��`�¢5 E '\ eaSV- e \\)t,.Arlr S ' 0 w1\--460 COMMENTS : \ Tam-4 ; �- v1 o?.era\l o r, . x. a v\5 o•M1 _ S Noklk, C\cd7,2 I art`s ) Q►.v. \bv, ei c,� cry- -A-L 6M,vv e,6k c1/4,\-€. C1.Y20.,- , . S Ivy, vw2u+kew t 0CQ, & \o V10 \--V\ cJV \? Ckv-ea.. o By .. S. dP 4' NO'I 1 CE Pursuant to the zoning laws of the State of Colorado and the Weld County Land Use Code, a public hearing will he held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, Greeley, Colorado, at the time specified. All persons in any manner interested in the Special Use Permit are requested to attend and may be heard. 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. 78-35 Colorado Division of Highways c/o Joe A. Intermill, Jr. 1420 2nd Street Greeley, Colorado 80631 Date: June 14 , 1978 Time: 2: 00 P.M. Request: Amend Special Use Permit #271, Expanding acreage- gravel pit LEGAL DESCRIPTION: Beginning at a point in the Northwest 4 of Section 36, Township 9 -- North, Range 66 West, from which point the N.W. corner of Section 36 , Township 9 North, Range 66 West bears N20°35 'W a distance of 1447 . 3 feet. 1. Thence, N 89°10'E a distance of 600 feet; 2 . Thence, S0°50 'E a distance of 225. 4 feet; 3 . Thence, N89°10 'E a distance of 250. 0 feet; 4 . Thence, S0°50 'E a distance of 324. 6 feet; 5. , Thence, S89°10'W a distance of 850 . 0 feet; 6 . Thence, N0°50 'W a distance of 550 . 0 feet; more or less to the point of beginning. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN WELD COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Rita Jo Kummer, Deputy DATED: May 8 , 1978 PUBLISHED: May 11, 1978 and June 1, 1978 in the Johnstown Breeze I I III lb i ..'from 1 hn 01 1 i c•1, or 'Tr BOARD o1'' COUNTY COMMISSIONERS Greeley, Colorado WELD COUNTY, COLORADO ' May 11, 1978 19 ' Publisher : Please insert the enclosed notice in your issue the week of June _2 1978 _ __ one time only. the enclosed vouch l�er and forward i totcyarclin payment , complete u When t ll cj the voucher, please include an affidavit of pubs . l_ica tion so we may complete our files. Thank you for your cooperation. Sincerely, ly, DOCKET # 78-35 THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: Mary Ann Feuerstein County Clerk and Recorder and Clerk to the Board y • SENDER• Complete items 1.2,and i c Add your address in the "RETURN TO" space on 3 reverse, i 1. The following service is requested (check one). By Show to whom and date delivered 250 Deputy y County Clerk Show to whom,date,&address of delivery 450 RESTRICTED DELIVER I. Show to whom and date delivered 850 ' O RESTRICTED DELIVERY. Show to whom,date,and address of delivery ..$1.05 - (Fees shown are in addition to postage charges and other ` fees). rammrsilmei �lvuyo . :..11 +• �5, --- �3? 2. ARTICLE ADDRESSED TO: Wp} ' HIGHLAND TODAY IIN 13 - ir m D0C 73-35 "wi1° "� 'Co' ..s, 'I r,� c� .i .. rn, iS� m 3. ARTICLE DESCRIPTION: �� f.. •; ' o o 1- 1 1.1 { ,I,.�;Y l REGISTERED NO. CERTIFIED NO. INSURED NO. ��'��;.' ''-or>tG o GL' ,°` 7 ,- r I•k �' �• .yi y ',7!.,.-.+4,..,,d ''*s`h'y L` II v —f_ ,i U G] Ii irJ 1 7 r • /,„-,,, •"x m 640453 •'* ;rr- ... G3 w4i ,Y.,,r•r?•+'== _ �'�turn' r r r r r +.r+r�-Mf+�w,q..^.fw.. r t, y (Always obtain signature of addressee or agent) t m I have received the article described above. a I o m y ' ' o SIGNATURE ❑ Addressee 0 Authorized agent £.f �' g� =' rniu .} 9 b ''�a-r>-� ' H N m 4, DATE OF YEftY 2,4 ,.}1 0 POSTMARK n c�'o u b t� a- n j ' Vv ' cffi . v, ,.rt pti `0 y tttY'" ,` Z 5. ADDRESS (Complete only if requested) w ' b�� `,-,‘~ � r,r h ®rte r� d D rn ' - .r - , ��n�r� ca •ra .,^k".�'.r 1 W ' ' Ply I .�,2,.,zu in' p m 6. UNABLE TO DELIVER BECAUSE: CLERK'S nrrsc-sFses�ase +1 a v; N O tNITIAtS 1 r` P 9 `� • I I P*r r i F. --",‘' . *GOP 1976-0-203-458 t, '+~ C O '+ ,Ra +.... y In CO 4Co . 1 ' --, -ix, ' e r• co • mF �5 Y ,, o 4410 • ' ±_'TiZ' f�, �( r ;r''..`nyS "` �y«'M�t '"��il,' ✓"a`s,+C"`'r„ 4.M'n-" .z'•,v,. +•4�.,c-: 'do- _ 1 •��r. ,... • _ ..?x, <.,tpt+;1ae.;"..°rw� M � 'l�V1% rwy� -^*a� _�.�b "r ;it► ; i!�. a y V f i , a. I r AFFIDAVIT OF PUBLICATION THE JOHNSTOWN BREEZE STATE OF COLORADO ) ) ss. --- COUNTY OF WELD ) NOTICE NOTICEI, Eugene Thomas, do solemnly swear that I am publisher of The Johnstown Pursuant to the zoning laws o t Pursuant to the confine laws of the State of Colorado and the Weld State of Corrado and the Weld Breeze; that the same is a weekly Counhearing Lend Use Ube held in the hearing blic County iend wit Use be held in public newspaper printed,in whole or in part,and Chambers of the Board of County Chambers of the Board of County published in the County of Weld, State of Commissioners of Weld County Commissioners of Weld County Colorado, Weld County Centennial Colorado, Wt,.d County Centennial Colorado, and has a general circulation Center, 915 10th Street, Greeley, Center, 915 10th Street, Greeley, therein; that said newspaper has been Colorado,at the time specified.All Colorado,at the time specified.All persons in any manner interested in personsin any manner interested in published continuously and uninterrupted- the Special Use Permit are re- the Special Use Permit are re- quested to attend and may be quested to attend and may be ly in said County of Weld for a period of more than fifty-two consecutive weeks BE IT ALSO KNOWN that the text BE IT ALSO KNOWN ddthat the text prior to the first publication of the annexed Cod unty so ingti by the Weld and County ps Planning CommisonWmay legal notice or advertisement, that said beCounty Planning theOfficeCommission may be examined in the Office of the newspaper has been admittd to the Cl examined in fi of the Clerk to the Board of County Clerk to s the Board t of Couely Commissioners,located in the Weld United States mails as second-class matter County ,Centennial C in the Weld County Centennial Center, 915 County hirdCenter,r, G915 10th Street, Third Floor, Greeley, under the provisions of the Act of March 3, 10th Street, Third Floor, Greeley, Colorado Colorado. 1879,or any amendments thereof,and that DocketNo.78-35 Docket No 78-35 said newspaper is a weekly newspaper Colorado Division of Highways Colorado Division ofHighwa duly qualified for publishing legal notices c-o Joe Alntermill,Jr. c-o Joe Aintermill,Jr. and advertisements within the meaning of Greeley,Colioor20 ado80e i y,Colorado Street the laws of the State of Colorado. Greeley, Date:June 14,1978 Date'June 14,1978 That the annexed legal notice or Time:2 00 P.M. Tine 2 00 P.M advertisement was published in the Request: Amend Special use regular and entire issue of every number of Request: Amend Special Use Permit No 271, an rmit No 271,Expanding acreage_ F.lgi ding acreage- said weekly newspaper for the period of gravel pit gravel pit LEGAL DESCRIPTION. LEGAL DESCRIPTION .... •••Gaceisseftttroe insertions, and that the first publication of said notice was in the Beginning at a point in the Beginning at a point in the Northwest % of Section 36, Northwest r�a of Section 38, 'Ibwnship 9 North Range 66 West lbwnshi 9 North,Range 66 West issue of said newspaper dated Platt...i , from which point the N.W.corner oi! from which point the NpW corner of Section 6636�est bears 09 degrees Section 66lWesthbenarsiN20 degrees A.D. 19.7q and that the last publication 35'W a distance of 14473 feet.1 35' W a distance of 14473 feet.1 of said notice was in the issue of said Thence, N 89 degrees 10' E a Thence N 89 dF 1' E a Si distance of 600 feet, 2.Thence,SO d-..+.i , „1,,.' , 1,,. 1I,. i e SO newspaper dated / A.D 19 7 5 degrees 50' E a distance of 225.4 dek e- 5(:' P:.1 '' . -_ .,t 225 4 feet;3 Thence,N89de'Tees 10'Ea fe,, 'IL,,n,e a riet2."e,.1O'Ea In witness wh reof I have ereunto set distance of 250 0 feet;s.Thence,SO do-,u ,, ,,,,5'1( ,,=,'t , Th,`n:e,SO e ees 50 E a distance of 37x4.8 de,-,-,•-, T.a t tanc, of 324 6 get:5.Thence S89 degrees 10 W -et, 5 Thence,S89 degrt'ea 10'W my hand this211q day of .. a distance of 850.0 feet: 6.Thence r distance of 850 0 feet, more or N 0 degrees 50'West a distance of ess to the point of beginning 550.0 feet;more or less to the point A.D 19.7 q . of beginning. 'IHE BOARD OF'COUNTY COMMISSIONERS 'IHEBOARDOFCOUNTY �i'F3DCOL^VTY,COLORADOatrYY‘--a,7_, COMMISSIONERS BY MARYANN FEL'ERSTEtN ••• WELD COUNTY,COLORADO WF1DCOUNTYCLERK Publisher AND BY:MARYANN FEUERSIEINTRECORDER WELD COUNTYCLERK AND CIIIiI{In THE HE BOARD AND RECORDER BY Rita Jo Kummer,Deputy Subscribed and sworn to before me a AND CLERK TO THE BOARD Notary Public in and for the County of BY Rita Jo Kummer,Deputy DA7r O May 8,1978 DATED Maya,1978 PC `Hl�) May 11 'S"e and Weld,State of Colorado, this day B+( June 1 1978 in the iuh,.omwn PUBLISHED: May 18, 1978 and CoCr I veil 78 42 Clerk to lid of ` A D 19 7( June 1, 1978 in the Johnstown Breeze /` Co Legal 78-42-Clerk to Bd. ;a2 / !)--ter y i Notary Public My commission expires `�/ 2 •PQOOF OF PUULICAT____ , HIGHLAND TODAY AULT, COLORADO 80610 STATE OF COLORADO, County�j� ofyWeld, c ss. I,''1 EF Tian r,s d solemnly swear that i NOTICE am publisher of HIGHLAND TODAY; that the same Pursuant to the zoning laws of the is a weekly newspaper printed, in whole or in part, State of Colorado and the Weld and published in the County of Weld, State of County Land Use Code, a public ,Colorado. and has a general circulation therein; hearing will be held in the that said newspaper has been published continu- Chambers of the Board of County ously and uninterruptedly in said County of Weld Commissioners of Weld County, for a period of more than fifty-two consecutive . Colorado, Weld County Centennial weeks next prior to the first publication of the Center, 915 10th Street, Greeley, annexed legal notice or advertisement; that said Colorado,at the time specified. All newspaper has been admitted to the United States persons in any manner interested in mails as second-class matter under the provisions the Special Use Permit are of the Act of March 3, 1879 or any amendments requested to attend and may be thereof, and that said newspaper is a weekly heard. newspaper duly qualified for publishing legal BE IT ALSO KNOWN that the notices and advertisements within the meaning of text and maps so certified by the the laws of the State of Colorado. Weld County Planning Commission may be examined in the Office of That the annexed legal notice or advertisement the Clerk to the Board of County was published in the regular and entire issue of Commissioners,located in the Weld every number of said weekly newspaper for the County Centennial Center,915 10th period of .--�.------- Street, Third Floor, Greeley, consecutive insertions; and that Colorado. the first publication of said notice was in the issue Docket No. 78-35 of said newspaper dated Colorado Division of Highways c/o Joe A. Intermill, Jr. "-- .---- A. D., 19.-� 1420 2nd Street and that the last publication of said notice was in Greeley, Colorado 80631 the issue of said newspaper dated Date June 14, 1978 Time: 2:00 p.m. A. D., 19---......--, Request: Amend Special Use Permit No.271,Expanding acreage In witness whereof I have hereunto set my hand this -gravel pit. p��/ LOCATION: Approximately two --�- - ..- day of ..------- -.J( A. D., 19--1--.d miles East of Nunn, Colorado. J / The Board of County Commission- ers,/T� /�X2.4,-e------- Weld County, Colorado. fj Publisher BY: Mary Ann Feuerstein Subscribed and sworn to before me, a notary Weld County Clerk and Recorder and Clerk to the Board. public in and for the County of Weld, State of BY: Keitha Hubbard, Deputy Colorado, this a i � day of Dated May 8, 1978 \? `�k- A. D., 191 .. Notary Public / / 7 Iliglonimission Cxfirr-Oct 20, 19i1 My commission expires June 14, 1978 I hereby certify that pursuant to a notice dated May 8, 1978, duly published May 11, 1978 and June 1, 1978 in the Johnstown Breeze, a public hearing was held on the request of the Colorado Division of Highways for an amendment to Special Use Permit #271 for the expansion of acreage of a gravel pit. Mr. Joe Intermill, Jr. , representing the Division of Highways was present and reviewed the State's request. After discussion, Commissioner Jacobucci made a motion to approve the amendment to SUP #271 as recommended by the Weld County Planning Commission. Commissioner Carlson seconded the motion and it carried unanimously. All commissioners except Commissioner Steinmark were present for the hearing. 11, Chairman Board of County Commissioners Weld County, Colorado Attest: Weld County Clerk and Recorder and Clerk to the Board By: Deputy Co my 91erk Docket #78-35 Tape #78-64 nom, •... ,il'Lc,1i\1, U L PERMIT FLOW SHEET .. • • -, r '� • .r ' 4 \ ^ryT � `: 9 ae` 1 APPLICANT: , , , , rt: . C".._ e '„;, , REQUEST: - '"' ,: ,�, „ ( ;, I:, ®• 7;" �k�' N'A 3n,' i� a , ' ' LEGAL. : _ 1' �Cs -- \oN . ` / % Inn‘1-2O eck - LAvn DATE BY Application Received IS Application Fee - Receipt ft �q I Recording Fee ' f, Application Complete P.C. ' g`7 C Hearing Date: �� , , 4 Letter to Applicant Drafted l Referrals Listed .\ Field Check by D.P.S . Staff 4d 61 1b aNG File Assembled , Referrals Mailed M Chaindexed '.•\:- � • Notification of Applicant ;‘a -‘. Surrounding Property Owners Researched Airphoto/Vicinity Map Preapred i) Property Owners Notified by: �`�- ` :`a \�� Q- Agendas Mailed by: ";' �� -- ,Z Legal Approved by County Attorney a / 7 e) TOD Referrals - Complete 0 c `� Preliminary D.P.S . Staff Comments ; ? - K' - = Staff Conference 4- Z, -i' O� D.P.S . Comments 1-11-1 t1P CifICO P.C. Hearing Action : % SZ . -.. P.C. Resolution - a %• • Case Sent to Clerk to Board 514- 1t 0_,P(e_i C.C. Hearing 14• �� Action : �(pV?.a. (pm:it) �p 1 o.....ecc- C.C. Resolution Received History Card Complete ' C.C. Resolution Sent to Drafting Drafted on Mylar Document Sent to Clerk and Recorder P.C. Minutes $-) ® -:\ t4 4' p I ty. 1 WELD COUNTY, COLORADO SPECIAL USE APPLICATION • For OPEN CUT MINE PERMIT (gravel pits, etc. ) Weld County Planning Commission 1516 Hospital Road, Greeley, CO r jl For ZONING DEPARTMENT Use Only Case Number: Applicant: • PC Hearing Date: CC Hearing Date: � ! Section: , Township: North, Range: West Zoning District: Acreage Involved: Permit Fee: Receipt Number: Legal Description Approved By , Weld County Attorney • Site Entrance/Exit Points and Off-Site Transportation Routes Approved By , Weld County Engineer Recommended Road/Bridge Fee: /Not Required Refer To: 1 ) Date: 2) Date: 3) Date: • 4) Date: 5) Date: • Application Reviewed By Weld County Zoning Department To Be Completed By APPLICANT In Accordance With Procedural Guide Require- ments: 1 . I (we), the undersigned, hereby request a hearing before the Weld County Planning Commission concerning a proposed Open Cut Gravel (gravel , coal , borrow pit, etc. ) mining operation for the following described unincor- porated area of Weld County: LEGAL DESCRIPTION: • .Please see attached legal description. TOTAL ACREAGE: 2. Surface owner(s) of area of land described Rt. 1 Box 11 Name: Lynn E. Shipps Address: Nunn, Colo. Phone: 897-2265 Name: Norma D. Shipps Address: Phone: " 3. Owner(s) of mineral rights to substance to be mined Name: See attached Address: Phone: . Name: Title Memo Address: Phone: 4. Source of applicants Legal Right to enter and to mine on the land de- scribed: See attached Exhibit G. (Attach Certified Copy of any Document noted to the Back of This Form) NA( ' v � I • 5. Address of applicant and general office Applicants address: 1420 - 2nd St. , Greeley Phone: 353-1232 General Office address: 4340 E. Louisiana, Denver Phone: 757-9224 6. Identify any prior permits for open cut mining held by applicant or affiliated person: Grossaint, State Land Board, McEndaffer, Janitell, Miller, Shaklee, Shipps, Leonard, Jeffers, Wilson, Jeronimus, Stroh, Brown. • 7. Description of- Operation a. •Types and number of operating and processing equipment to be employed: See Exhibit B - Mining Plan b. Maximum number of employees: 12 , and number of shifts: 1 c. Number of stages to be worked: , and periods of time each is to be worked: See Exhibit B - Mining Plan d. Thickness of mineral deposit: 8 feet, and thickness of the over- burden: 4 : Thickness measurements are approximate. e. This will be a -wet-/dry pit operation f. Site entrance/exit points and county roads and bridges to be utilized between site and delivery point(s) (must be coordinated with County Engineer): Discussed with Frank Smith, County Engineer, on March 21, 1978. Haul route utilizing County Rd. 98 and/or County Rd. 100 from the pit location • to U.S. 85 was approved. 8. Description of Rehabilitation a. Proposed rehabilitation land use(s): See Exhibit E - Reclamation Plan b. Source of technical advice for reclamation: U.S. Soil Conservation Service. c. Explanation of Reclamation Process: See Exhibit E - Reclamation Plan • i1 I hereby depose and state under the penalities of perjury that all state- meets, proposals and/or plans submitted with or contained within this applica- tion are true and correct to the best of my knowledge. COUNTY OF STATE OF • Signature: 0 ac Authorized Agent Subscribed and sworn to before me this c,% day oN\�ti`\\ 19\ NOTARY PUBb C SEAL My Commission expires SHIPPS PIT - WELD COUNTY LEGAL DESCRIPTION Beginning at a point in the Northwest 1/4 of Section 36, Township 9 North, Range 66 West, from which point the N.W. corner of Section 36, Township 9 North, Range 66 West bears N 20° 35' W a distance of 1447.3 feet. 1. Thence, N 89° 10' E a distance of 600 feet; 2. Thence, S 0° 50' E a distance of 225.4 feet; 3. Thence, N 89° 10' E a distance of 250.0 feet; 4. Thence, S 0O 50' E a distance of 324.6 feet; 5. Thence, S 89° 10' W a distance of 850.0 feet; 6. Thence, N 0° 50' W a distance of 550.0 feet; more or less to the point of beginning. MEMORANDUM DESCRIPTION: The NW* of Section 36, Township 9 North, Range 66 West of the 6th P.M. , Weld County , Colorado. Lying within the boundaries of the Northern Colorado Water Conservancy District , the Nunn Fire Protection District and the West Greeley Soil Conservation District. GRANTEES IN LAST INSTRUMENT OF RECORD TRANSFERRING TITLE: LYNN E. SHIPPS and NORMA D. SHIPPS , in joint tenancy, acquired from Etta May Edwards and James N. Edwards by virtue of Warranty Deed dated June 15, 1961 and recorded July 13 , 1961 in Book 1589, Page 19, Weld County Records. ENCUMBRANCES OF RECORD: NONE MINERAL RESERVATIONS OF RECORD: Contained in the Patent from the State of Colorado dated March 13 , 1944 and recorded April 6, 1944 in Book 1131, Page 133, Weld County Records is the following: "Reserving, however , to the State of Colorado, all rights to any and all minerals , ores and metals of any kind and character and all coal, asphaltum, oil, gas or other like substances in or under said land, the right of ingress and egress for the purpose of mining, together with enough of the surface of the same as may be necessary for the proper and convenient working of such minerals and substances; " MINERAL CONVEYANCES OF RECORD: NONE • Except all tax sales and special assessments , if any. This Memorandum is not to be construed as an Abstract of Title, nor an opinion of title, nor a Policy of Title Insurance, and the liability of Transamerica Title Insurance Company is hereby limited to the amount of fee paid for this statement. • • Dated this 21st day of November , 1974, at 7:45 o'clock A. S. TRANSAMERICA TITLE INSURANCE COMPANY Authorized Signature L TED IMPACT AND SPECIAL (TEN- ) PERMIT APPLICATION FORM STATE OF COLORADO Application for Mining Mined Land Reclamation Board and Reclamation Permit, Department of Natural Resources Pursuant to C.R.S. 1973, 1313 Sherman Street, Room 723 34-32-101, et seq. Denver, Colorado 80203 LIMITED IMPACT OPERATIONS must disturb LESS THAN ten acres (including all • roads, stockpile areas and any other surface facilities) over the life of the mine, and must extract LESS THAN 70,000 tons of mineral, overburden or combination thereof per calendar year. If the affected area is some fraction greater than nine acres, be sure NOT-to round it up to ten acres in the narratives or elsewhere. SPECIAL (TEN-DAY PROCESSING) operations must disturb LESS THAN ten acres (including all roads, stockpile areas and any other surface facilities) , am' can ONLY be obtained where a federal, state, county, city, town, or special district contract calls for work to be commenced within a SPECIFICALLY SHORT TIME. TYPE OR PRINT CLEARLY 1. Name of operations Shipps Pit (Pit, mine, or site name) 2. Name of applicant/operator Division of Highways (Name to be used on permit) State of Colorado P.O. Box 850 3. Address and phone number of 1420 2nd St. , Greeley, Colo. 8063] local offices Ph. 353-1232 4. Address and phone number 4340 E. Louisiana, Denver, Colo. of general offices Ph. 757-9224 5. Name and phone number of person Ken Geisert staff members should contact � Ph. 757-9224 6. Owner(s) of record of affected Lynn E. & Norma D. Shipps land (surface area) (If more than 2, list below) 7. Owner(s) of substance to be mined Lynn E. & Norma D. Shipps (If more than 2, list below) 8. Source of legal right to enter Option to Buy Material (Indicate what type of proof is included in Exhibit G - lease, deed, notarized letter, etc.) 9. Type of mine & substance to be mined Strip (Specify underground, strip, open pit, Sand and Gravel etc. and substance(s) to be mined) 10. General location & elevation (Miles Approximately 2.5 miles east of Nunn & direction from nearest town & 5150 feet approximate site elevation) 11. County Weld 12. Acreage of affected lands 9.4 acres (Total surface acreage to be included in permit) 13. Application fee (See applicable Rule to determine amount) 1 • , • TYPE OR PRINT CLEARLY 14. Present land use Gravel pit atanricultural (i.e. , agricultural, industrial, etc.) (Grazing land) 15. Proposed future land use Agricultural (Grazing land) (Goal of reclamation) INSTRUCTIONS: This application form must be submitted in duplicate and each form must be accompanied by the following information and items. The application will not be processed until complete. See RULE 3 (for Limited Impact) or RULE 4 (for Special 10-day) for additional guidance. EXHIBIT A - Legal Description The legal description must identify- the affected land odm of metes and bounds survey and be wholly adequate ator ry field location of the property. It can be in the ction o at or a description by quarter section. Where applicable, the street reference tip, range, and etaddress aor lot st the nearest quarter number(s) may be used. EXHIBIT B — Mining Plan This can be a general discussion of the methods, equipment, phases or stages of d by ach. e the operation and those portions the of land mapshouldfshowewhereeextractionplan willshould begin,be which closely correlated P direction it will proceed. EXHIBIT C — Map This map should be as comprehensive as possible in terms of clearly defining the permit boundaries and indicating all roads or stockpile areas to be used in connection with the operation. All section line,adjacent landowners lb �. The closest quarter section corner, line should also be shown on the map. EXHIBIT D - Wildlife, Water Resources, Vegetation and Soils Information Each of the above-mentioned subjects must be addressed as outlined in the applicable Rule, under item number ten (10) . EXHIBIT E - Reclamation Plan As with the mining plan, this should be a general discussion of the methods, equipment, phases or stages of the reclamation process and those portions of land affected by each. If possible, the plan should be closely correlated with the map. If not, the narrative must be comprehensive enough to draw an accurate verbal picture of the expected physical appearance of the area after completion of reclamation. EXHIBIT F - Proof of Local Government Approval This must be a letter from the local government specifying conformance with existing zoning regulations. EXHIBIT G - Source of Legal Right to Enter This could be a copy of the lease, deed, abstract of title, or current tax receipt. In lieu thereof, a statement acknowledged by a notary public that the operator has the legal right to enter and mine will be accepted. **FOR SPECIAL 10-DAY PERMITS ONLY** EXHIBIT H - Reclamation Costs If the surety is requested to be less than $2500, the operator must submit facts to support such request. Otherwise a surety of $2500 will automatically be set. EXHIBIT I - Terms of Governmental Contract The operator must submit a copy of the contract or other proof that proves the necessity of a special 10-day permit. The operator must also submit evidence of the surety provided under the governmental contract, if it was required. •,r - e NOTICE PROCEDURES After the application has been filed with the Division, notice pro- cedures outlined in Section 3.2 or 4.2 (whichever is applicable) must be followed. ADDITIONAL INFORMATION This space can be referenced for further information of any of the items on this form. To the best of my knowledge, all the information presented in this application is true and correct. By: Title: (Signed by individual legally authorized to bind the operator to this application) I I SHIPPS PIT - WELD COUNTY EXHIBIT A: LEGAL DESCRIPTION The requested area is located in a portion of the S.W. 1/4 of the N.W. 1/4 and S.E. 1/4 of the N.W. 1/4 Section 36, Township 9 North, Range 66 West of the 6th P.M. Said area will contain approximately 9.4 acres of total pit and affected land area. I SHIPPS PIT - WELD COUNTY EXHIBIT B: MINING PLAN At this time the Shipps Pit is being utilized by the Department of Highways maintenance forces with the intent of removing material over the next several years. However, if we should have a contract construction project in the area of this pit it is quite possible that we would also make this material available to the contractor who is chosen to do the work. The mining procedures could vary as the different contractors and the maintenance each use their own specific methods of extraction to fit the equipment they have and the type of material they need. The following will be a generalized discussion of the mining plan with the understanding that the exact methods, sequence, and equipment will require some latitude. In general the operation will be conducted in the following manner: a) The pit is located in the creek bed and flood plain of Lone Tree Creek. Material will initially be removed from the creek bed. The sand and gravel is right at the surface so no stripping of topsoil will be required in the creek bed area. When excavation proceeds • into the flood plain the top 0.3' , approximately, of topsoil will be stripped and stockpiled. Stripping would probably be done with a scraper or dozer. b) The gravel excavation will be done by a dozer, front end loader, or similar type equipment. c) As the material is removed it will probably be processed through a screening plant or rock crusher and stockpiled. The location of the screening plant or crusher, and stockpiles would be left to the discretion of the people performing the work; providing it is contained within the permit area. d) The material might be hauled directly from the stockpile to the road for use as untreated base, shouldering material, sanding material, etc. ; or it is possible that an asphalt mixing plant could be brought to the area to produce treated base or asphalt pavement. e) If the gravel mining was done by a contractor with a specified amount to be produced for use on some specific highway construction project, the work in the permit area would normally be completed within 2 or I SHIPPS PIT - WELD COUNTY EXHIBIT B: MINING PLAN "CONTINUED" 3 months. However, if the Department of Highways maintenance forces are doing the work it is possible that they could have a stockpile of produced material in the pit area for 2 or 3 years. The object of this being to have readily available material for use in routine highway maintenance, repairs, and overlays when such work is required in the area. Quite often in our maintenance operations the mining of gravel for stockpile production will only take 2 or 3 weeks, or less, every year or two. Work in the pit area then would be limited to occasional days throughout the year when material is hauled from the stockpile to the roadway or perhaps for one or two months some years when when the asphalt plant would be moved into the permit area to produce mix for patching or overlays. f) The following types of equipment could possibly be utilized in the permit area: dozers, front end loaders, trucks, motor graders, earth moving scrapers, farm type tractors, seed drills, mulchers, & fertilizer spreaders. SHIPPS PIT - WELD COUNTY EXHIBIT C: MAP Please see map in envelope attached to binder. Location map on following sheet. . . ' - 1 - -- --- • • - • I . l --I L A R ' i M E R m (SHEET 2) 1 ao 0 Z _ - C _____[ II il II W '1/41/..., - 1IIY' II� frILt ,j4 ,:j.: ( I-+...1.-•.a`/,,I•.•.00. r M r 1-1 r / I 0t\ I II _ II- -i� -r"•Vr 1^ it, /' ■ p0\\ 1 II II II • ,I • • i • I n._ °' • / II La • •�QO� :It a II + II • i / r i _ /� / _ 1! • I 1 I I II • toy III 11 I I 1 -) �. CQ !/ II - -_- -' - -'-- •-_'• I /,---- .1L .x101- 1 11 / • II ) ■^ o_�-V1 +▪ 1 - o w • .Ni ro III P iv. i = Iro v • p C \0 II ' `/ 1 /oy �-ig.( I ' • _ „/,,,,-„,-.,- 1° / I ?;:1=-;:r N 111 'II N W I )1../, / _ , P v _ • • I I • 1• • / •:I II\ I 11 11 BB/ Vf r / ' �I�/ ` 1lnde �. I I 1 M 7 _ CO /N W - 11111'�� - ■1 P • • 9I! • ▪ l I is v _ - p P �+ ■ • /i 'Z II 1•��/� i I Ir a u I l . / - 0 to , I�• 1 / 1 - m I /+ m _ /I) l° o II ., P I, i Idd o rl'Ju P h ° - • tii '° ■ / c CCC"." II 1 Olj�l A9 Du '1/ 1 . _ —.__._..1 .--..io-r.-. ..- -.1-■ —OIL_... .--.,•-•— i-.-. �. •--• l,• .-..-...-. r L- 1 i 1 II L 1 _ m • p • _ .•••••.' P W • Z. 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C U)c m °d f - II • I •II "°'! m \ - 0 P3 0_ 7 I1 Q `Cj h :,R CD_ Tii •t :J N i, �* i 1---_fs. _ l --�/l i 1 !7 7-_-r-___ . ::_ !--- _ ��: - - -_ • I II Imo• 'TT ( I ;1 I N ° W '•i H HD 'D r' ' s• i I 'Zj I r N 5 a O W i' '.. t F,• ) Guido • . i-- 0 )--i, .-1 ,.--•—.,;..rfyt._n nSrl irrariirJ r LSiri ant-r:•St,"Jr x.,1 •7]r.l[G .L 1.-r...1Ivi�7LrCt4 cr I-1 H C} "0 ii _ II H :J 0 ! r "` ' 1-1 P- CD I C. • II ti `�`a r-- ' -- - - � °i Pit O pi - II �I Ceq Pi I • :I I I fff • I I I 771 Ul '1 J II 1'//// • . I. YII 1 I. S I 11 .. .• I 1. 0. 1 II • ' 1 .• , II r • . I •'r.r,I' . Jo. I r-"1 r-•2 r'.r , rI••t -,0-.."-.";.:-... 11 11" • ;� 1 J SHIPPS PIT - WELD COUNTY EXHIBIT D: WILDLIFE, WATER RESOURCES, VEGETATION, AND SOILS INFORMATION 1. Wildlife Please see enclosed letter from Division of Wildlife concerning wildlife impact for the area. 2. Water Resources Our excavation is in the channel and flood plain of the Lone Tree Creek, which is a dry creek that flows only during periods of runoff. The creek channel ranges from approximately 12' to 104' throughout the pit area. During periods of high runoff water will be able to pond in the excavation; however, it is felt that this will cause no problems as the bottom of the pit will be granular material which will allow the water to disperse and cause no stagnant water. In addition, previous excavations made in the channel have been filled by sand and gravel washed down the creek by occasional floods. This will tend to lessen the water trapping capabilities of our excavation. The excavation is to be such that ground water elevations will not be encountered. 3. Vegetation The area where we will remove topsoil is presently being used as rangeland grazing. The following plant species with their estimated percent composition by weight were reported by the U. S. Soil Conservation Service after a field inspection of the site. ESTIMATED % COMMON NAME SCIENTIFIC NAME COMPOSITION BY WT. Blue Grama Bouteloua Gracilis 5 Buffalo Grass Buchloe Dactyloides 15 Wavy Leaf Thistle Cirsium Undulatum T Texas Tumblegrass Schedonnardus Paniculatus '1 Fringed Sage Artemisia Frigida 1 Sand Dropseed Sporobolus Cryptandrus 25 False Buffalograss Munroa Squarrosa 1 Prickley Pear Cactus Opuntia Polyacantha T Red Three Awn Aristida Longiseta 3 Common Sunflower Helianthus Annus T SHIPPS PIT - WELD COUNTY EXHIBIT D: WILDLIFE, WATER RESOURCES, VEGETATION, AND SOILS INFORMATION "CONTINUED" ESTIMATED % COMMON NAME SCIENTIFIC NAME COMPOSITION BY WT. Western Wheatgrass Agropyron Smithii 40 Crested Wheatgrass Agropyron Desertorum 5 Various Annuals (Asters, Tumbleweed, etc. ) 4 4. Soils Based on information from the U.S. Soil Conservation Service the soil in this area is known as altvan loam. It is a deep, well drained . soil on terraces and was formed in old alluvium from material deposited by major rivers and creeks. In the terraces the surface soil is loam about 10 inches thick. The subsoil is clay loam and sandy clay loam about 15 inches thick. The substratum is loamy sand or sandy loam over sand and gravel. The present creek channel and previous pit area has sand and gravel at the surface. While the exact gravel depth has not yet been determined, previous excavations have indicated over eight feet of gravel. WILDLI: >TATEMENT FOR MINE PERMIT APPL___,TION 1. Mine Company Department of Highways 2. Mine Type and Location Gravel - Weld County NE4, S36, T9N, R66W 3. Duration of Operation Less than one year 4. Total Area Disturbed Less than 10 acres (probably 7 or 8) S. Wildlife Species List Marginal antelope, coyote, badger, fox, skunk, rodents (various, raptors , seasonal songbird use. 6. Endangered Species Impacted No known threatened or endangered species 7. Assessment of Mining Impact on Wildlife Insignificant - typical high plains short grass prairie, heavily overgrazed and a gravel base with very little top soil 8. Proposed Mitigation Measures Including Reclamation for Wildlife Habitat Normal reclamation measures will be to slope and reseed to SCS specifications. Prepared b Title Environmental Biologist P Y� t/ � 1 9 Don Bogart Date 11/17/88 SHIPPS PIT - WELD COUNTY EXHIBIT E: RECLAMATION PLAN The area where we have our present operation located has been utilized as a gravel source for several years by the Department and private contractors. It appears the only gravel removed has been taken from the creek, as we are presently doing with our operation. The creek tends to reclaim itself with silt and gravel carried by runoff water filling the excavation. The area we are using as a plant and stockpile site is covered by gravel with no visible topsoil. Apparently, over the years, the topsoil was either utilized in gravel production or has been contaminated with gravel. As our operation expands into areas within the permitted area that have overburden, the top 0.3 foot, approximately, will be stripped and stockpiled. At the completion of our operation, or as an area of sufficient size for reclamation becomes available, we will spread the stockpiled overburden on the backslopes of the pit where we excavated. As stated above the creek channel tends to reclaim itself. Any excess overburden not utilized in gravel production will also be saved for use in reclamation. This material could be spread over portions of the present plant and stockpile area designated by the owner. All areas which we cover with overburden will then be seeded, fertilized, and mulched in accordance with the attached seeding plan. The plan is based on recommendations from the U.S. Soil Conservation Service and is aimed at returning the area to its present use as dryland pasture. After seeding the area will be fenced until the grass is established. The permit area will be left in a neat condition with all backslopes no steeper than 2:1. Haul from the area to the county roads is done over the owners private road. This road will be left in place for the owners use. The following is the seeding, fertilizing, and mulching plan to be used for the Shipps Pit. SHIPPS PIT - WELD COUNTY EXHIBIT E: RECLAMATION PLAN "CONTINUED" PERCENT PERCENT RATE COMMON NAME BOTANICAL NAME PURITY GERMINATION PLS/ACRE Western Wheatgrass Agropyron Smithii 85 70 3.20 Blue Gram Boutelous Gracilis 35 60 1.00 * Needle-and-Thread Stipa Comata 29 13 1.00 Sand Dropseed Sporobclus Cryptandrus 95 85 0.04 Total PLS/ACRE - SEEDING 5.24 * In the event Needle and Thread seed is not available the following may be substituted: Green Needle Stipa Viridula 85 95 1.00 LBS/ACRE LBS/ACRE PERCENT AVAILABLE AVAILABLE RATE COMMERCIAL FERTILIZER AVAILABLE NITROGEN SUPERPHOSPHATE LBS/ACRE Available Nitrogen 18 36 200 (18-0-0) Available Superphosphate 45 50 111 (0-45-0) Total LBS/ACRE - Fertilizer 311 Mulching Material 1 1/2 tons per acre native hay or 2 tons per acre of straw - ... SHIPPS PIT - WELD COUNTY EXHIBIT F: PROOF OF LOCAL GOVERNMENT APPROVAL The county is presently processing our application to operate a gravel pit in this area. When their approval is obtained a copy will be forwarded to the Mined Land Reclamation Board. SHIPPS PIT - WELD COUNTY EXHIBIT G: SOURCE OF LEGAL RIGHT TO ENTER Please see attached Lease Agreement with Option to Buy Material dated February 17, 1977. State Dophrtmon t o i (Shupi ) SUP-356 : 7S ' S `larch 28 , 1978 Sol 1 ConHo ry at I on Seri ] co 1302 A ost 9th St Rofd Gree 1oy , Colorado 80631 Irma Whrto Pox 3'13 IAnit , Co1orndo 80610 Town o1' Nunn P1finn1nt2, Comm1sHIon c/o demon Turner T B . /1 /'1/78 '133 Grnn I Avonno 897-231 ?) Nunn , Colo ra do 806 18 Col o ratio Goo too, l ea 1 Sur\ (O e She 1 t on 1313 Shormnn S root 11 )om 703 Denv or , Co 1 orn do 8020;3 In PAW N r'J1 i1= PLANNING SERVICES s '.ELD COUNTY CENTENNIAL CENTER - 915 10th STREET GREELEY,COLORADO 60631 p GARY Z. FORTNER "t k � DIRECTOR OF PLANNING 1 F. ` ' '' 7 PHONE 1303) 356-4000, EXT 400 COLURADO March 28, 1978 TO WHOM IT MAY CONCERN: Enclosed is an application from State Department of Highways (Shipps) for a Special Use Permit to Amend SUP-271 for Gravel Pit . by expanding acreage to 8. 5 acres from 5. 1 acres This item will be heard before the Weld County Planninn Commission on May 2 , 1978 . If you have any comments or suggestions, may we please hear from you before April 21, 1978 . The loca- tion of the parcel of land for which this application has been submit- ted is Pt . NW*, Section 36 , TON, R66W Thank you. C� r' l A vv,,84A.A.tiL, Assistant Zoning Administtator Ib Enclosures 111 ) 1 IIII, 11 't' f IIi•ii111`;`,!()1Jl I I HN h 1111 V I,,I it l IAt t t1441t,, I Hoy f.1 It itg1AN t ARE`,UN '.11 Irirm in mtmoRnnDUnf Illilie To Planning Commission DateApril 13, 1978 COLORADO From Gilman E. Olson subject: State Department of Highways (Shipps) S .U.P. (W.M. ) There are no engineering problems anticipated by this request . , ,/,'yi „--,,a Gilman E. Olson GEO: sar (NV\12 13 47 (O A P,q 1978 A c;' c.A PlagN5g e : u% Weld BOARD OF HEALTH County Health Department DAVID WERKING, DDS,Greeley FRANKLIN D YODER, MD, MPH RALPH MB,Greeley Director 1516 HOSPITAL ROAD WILLIAM SLICK, Roggen GREELEY, COLORADO 80631 DORIS DEFFKE, Greeley DONALD HERGERT. Windsor (303)353-0540 ANNETTE M LOPEZ, Greeley HERSCHEL PHELPS,JR, M D Greeley KATHLEEN SHAUGHNESSY,Ault April 7, 1978 JOE STOCKTON,GI!crest Gary Fortner, Director Planning Commission 915-10th Street Greeley, CO 80631 TO WHOM IT MAY CONCERN: Our staff has evaluated the Special Use Permit requested by the State Department of Highways to amend SUP-271 for the Shipps gravel pit mining expansion (Pt. NW4j Sec. 36, T9N, R66W) . We submit the following recommendations: 1. An emission permit for fugitive dust control must be obtained from the Air Pollution Control Division, Colorado Department of Health. 2. An emission permit for any rock crusher to be located on the site must be obtained from the Air Pollution Control Division, Colorado Dept. of Health. 3. If an asphalt plant is relocated to the site, a relocation permit must be obtained form the Air Pollution Control Div. , Colorado Dept. of Health. Yours truly,/We-11, /5/4-tA' ----- Ronald K. Stow, Supervisor Environmental Health Services RKS:dr O8910, ti APR 1978FA. x, kivED an Weid Co �8!]lJ%flg °°'Cot'7 , . 4. . West Greeley Soil Conservation District SOIL = CONSERVATION ,. DISTRICTS AMERICA P. 0. Box 86 a Greeley, Colorado 80631 April 17, 1978 Gary Z. Fortner, Director Weld County Planning Commission Weld County Centennial Center 915 10th Street Greeley, Colorado 80631 Following are comments related to the review of a Special Use Permit to amend Special Use Permit 271, to expand acreage of a gravel pit. The gravel pit is to be located in a portion of the NW4 of Sec. 36, Twp. 9N, Range 66W, and is to be operated by the Colorado State Department of Highways. All exhibits as presented in the permit application seem in order. Special attention was given to the Exhibit E Reclamation Plan. All treatments as speci- fied are in accordance with the Soil Conservation Service Standards and Specifi- cations for sloping, seeding, and mulching. Sincerely, Milton Baumgartner, President West Greeley Soil Conservation District MB/jb z:,y O111978 C0 elf Coca C.:". Wafo4 den �w v �0`95v�2�� elitttAliCh '""''aile map° OF'CO O �' RICHARD D. LAMM * � * JOHN W. ROLD GOVERNOR * , ; ** Director 28'16 COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES 715 STATE CENTENNIAL BUILDING-1313 SHERMAN STREET DENVER,COLORADO 80203 PHONE (303)839-2611 March 31, 1978 Mr. Charles Cunliffe Weld Co. Dept. of Planning Services 915 10th Street Greeley, CO 80631 Dear Mr. Cunliffe: RE: CDH SHIPPS GRAVEL PIT (AMENDED SUP-271) The Colorado Highway Department application proposes to expand the Shipps pit from 5.1 acres to 8.5 acres. Our gravel resources map of the Antelope Reservoir quadrangle shows that the Lone Tree Creek valley deposits are about 16 ft thick near the pit site in NW14 sec. 36, T 9 N, R 66 W. The CDH figures show at least 8 ft of gravel and 4 ft of overburden, although the overburden is extremely thin to nonexistent closer to the creek. Because both the premining and postmining land use is dryland pasture and because more than a dozen other gravel pits are located in this area, I do not feel that expansion of the pit will adversely affect the area. Sincerely, Stephen D. Schwochow Engineering Geologist SDS/vt APR 1978 f RECEIVED ieLid61% \ 3 �, Weld Couoty Planning Coin�f�lnn �� GEOLOGY STORY OF THE PAST . . . KEY TO THE FUTURE , 0 Project No. 411. Maintenance Section Location: Nunn LEASE AGREEMENT WITH OPTION TO BUY MATERIAL THIS AGREEMENT, Made and entered into this 17th day of February 19 77, by and between the Owner(s) Lynn F. and Norma D. Shipps , -hereinafter referred to as Owner, who may be contacted at Rt. 1 Box 11 Lunn, Colorado 80618 , the Mortgagee --- --- --- --- --- --- , hereinafter referred to as MORTGAGEE, and the STATE DEPARTMENT OF HIGHWAYS - DIVISION OF HIGHWAYS - STATE OF COLORADO, hereinafter -referred to as the DEPARTMENT. (The term "DEPART- MENT" shall be construed to include Department employees, agents, and contractors.) WITNESSETH THAT: The "Owner" for and in consideration of One Hundred Dollars ($ 100.00) and further agreements hereby leases to the Department for the purpose of investigating, exploring, prospecting, drilling, and the option of purchasing, processing, and producing such material , located on land described as follows: A portion of N.W.4 Sec. 36, T.9N., R.66W. , as the Department might deem to be of satisfactory quality and quantity for use in the construction, improvement, and maintenance of its highways. In the event the Department desires to purchase any of the material located on the above-described land, the Owner will be paid a royalty fee at the follow- ing rate: (a) Sand and Gravel at Fifteen Cents (15 (t) per (ton)(cu: /yd.) (b) _-- --- --- --- at ---- Cents ( --t) per (ton)(cu. yd.) The Department shall have the right of ingress and egress to and from the subject premise and to erect any temporary structures, such as: screening and crushing plants and asphalt plants, and to employ any reasonable methods for removal of material . This agreement and any required State, County, or Municipal permits obtained by the Department is for the removal of material for use on Department projects and maintenance only. It is understood and agreed that, upon the letting of a contract by the Department to a contractor for the construction, improvement, and maintenance of highways, the Department shall assign to the contractor all its right, title, and interest under this instrument, insofar as the same shall be applicable to the projects let to the contractor, and the contractor may re-assign such option to subcontractors working on said projects. If the option is exercised by the contractor or any subcontractor, they shall have a right to extract all material needed for the projects covered by the contract let by the Department, subject to all the terms of this agreement, providing said contract was let prior to the expiration date of this agreement or any subsequent riders. Page 1 Please see reverse side for Page 2 This lease with option to buy material shall remain in force for a term of 3 years, terminating at 12:00 Noon on February 28, 1980 The Owner hereby warrants that he has good title to the above-described premises, that he has the lawful right to grant this lease agreement with option to buy, and that he agrees to hold the Department harmless from any and all claims from others asserting any interest in the subject land. Additional Conditions: See attached additional conditions. STATE DEPARTMENT OF HIGHWAYS DIVISION OF HIGHWAYS Owner(s) STATE OF COLORADO (Insert as appear(s) above) By: C By: ../-2•---1 . By: By: "'� J�� J Mortgagee By: Page 2 fi 14, a Dict 4 Maintenance Nunn Shipps Pit Additional Conditions Continued: 1. The top 0.3' of any areas covered with overburden will be stripped and stockpiled. Then after gravel has been removed the stripped material will be spread on backslopes and bottom of pit which is not laying in the creek channel, 2. The backslopes and bottom of pit area that lays outside of the creek channel will be reseeded after gravel is removed. 3. Provisions are to be made for the protection of livestock at all times. 4. Backslopes are to be left no steeper than 3:1. 5. If haul road to the south is used a cattle guard will be installed at the south property line and used in lieu of the owners electric gate. 6. Pit and pit area are to be left in a neat condition. All asphalt and asphalt mix are to be removed from the owners property. 7. Gravel removal operations will not exceed boundaries shown on the sketch without the owners permission. 8. In addition to the initial one hundred dollars paid by the Department to the owner for the lease agreement with option to buy, the owner will be paid an additional one hundred do1J ars (q00.00) prior to '.larch 15, 1978 and an additional one hundred dollars O100.00) prior to March 15, 1979. 8. Prior to February 28 of each year this agreement is in effect, the Department will review the royalty fee per ton paid by the department for gravel in the area. In the event there is a change in price, a rider to this agreement will be exercised adjusting the fifteen cents (15¢) per ton royalty fee. J , . : , I ,. _• I)LPAH I ME NI i1f PLANNING SERVIM r r �# !ifi ;, k F PHONE 1303) 3564000 EXT 400 N� ;M?ti ,,, ,,�Y ,,, � 0th 10TH STREET a tF ,w v � GREELEY• COLORADO 80631 COLORADO April 12 , 1978 To Whom It May Concern : You are receiving a copy of this notification because your name appears as a surrounding property owner owning property within 500 feet of the proposed use. The Weld County Planning Commission will review a request from State Department of Highways for a Special Use Permit to amend SUP-271 : 74 : 34 Pxpf1ndii,g acreage to 8. 5 acres from 5. 1 acres for a gravel pit on property described as follows : Pt. NW1 , Section 30 , TON, P((W , location : 2Z- miles east of Nunn If you have any suggestions or objections , will you kindly notify us in writing before . April 18, 1978 . The meeting by the Weld County Planning Commission is scheduled for May 2, 1978 This meeting will take place in the County Commissioners Hearing Room, first floor, Weld County Centennial Center, 915 10th Street , Greeley, Colorado, at 1 : 30 p .m. If you have any questions concerning this maLLer or i I• you would like additional information , please contact the Department of Planning Sorvice ; office at 35n-X1000 , Fxt . •10'1 . Assistant Toning Administr: t. f)LPAIi 1 ME NI Uf PLANNING SERVICES PHONE (303) 35G 4000 EXT 400 a� - ' 915 10TH STREET e„• GREELEY, COLORADO 80631 •!•,�Cpi S I ViY r•t n. o COLORADO April 7, ] 978 To Whom It May Concern : You are receiving a copy of this notification because your name appears as a surrounding property owner owning property within 500 feet of the proposed use. The Weld County Planning Commission will review a request from State Department of Highways for a Special Use Permit to amend SUP-271 : 74 : 34 expanding acreage to 8. 5 acres from 5. 1 acres for a gravel pit on property described as follows : Pt . NW , Section 36, T9N, R66W location : If you have any suggestions or objections , will you kindly notify us in writing before April 21 , 1978 . The meeting by the Weld County Planning Commission is scheduled for May 21, 1978 This meeting will take place in the County Commissioners hearing Room, first floor , Weld County Centennial Center , 915 10th Street , Greeley , Colorado, at 1 : 30 p.m. If you have any questions concerning this matter or i I' you would like additional information , please contact the 1)eparLmenI, of Planning Services office aL 356>-X1000, Fxt . 404 . • Assist-anL- ,oni-rrg cminis1r: I I State Department of Highways SUP-356 : 78 : 8 SURROUNDING PROPERTY OWNERS April 12 , 1978 H.A.L.L. Farms , Ltd. Route 1, Box 184 Eaton, Colorado 80615 William Rufus and Bernice V. Wilson Route 1, Box 10 Nunn, Colorado 80648 William Rufus and Bernice Viola Wilson Route 1, Box 10 Nunn, Colorado 80648 Lynn E. and Norma D. Shipps Route 1, Box 11 Nunn, Colorado 80648 State Board of Land Commissioners 1313 Sherman Street Denver, Colorado 80203 I State Department of Highways SUP-356 :73:8 SURROUNDING PROPERTY OWNERS April 7, 1978 Lynn E. and Norma D. Shipps -V,,VN Nunn, Colorado 80648 # N cc& ff, A Z_ , , - cer2,-,yLo-- \e/4 , g - 6 -6 , ( .t om ( '-'. ./ - -/ -72/7' q,iQc 6, J U,, i) ed--t& om 1 J t C% a.�/ L 6 2G 1t , /26(A6-0._ :fiA4 .-C-C C C/, A ( ,,) /c) �j-r0--7 1/iCC // `56=c, -3 c7' 6-6,-?7 L.,,C4 -f--i<VL_' ,(1::/477,fc.)4266 4:- ' 712,,,24,r1. ''.,- ,2_ 11.,,f4 VIZ 1,4.1-At-44-t;%., � i'-96 0c,(1//7.3o�' 6 (,, SE'c_ / -36= tit. E-G 1 Rt _c l326 2i0.,11....vt, (, c'6 1 � 62c c-; J 61..c,-26;, p G !7) 7- 07/-- '__,-%z _c; . 1. . • # . --• . Oa . .- I . • . • . . ®06 1 a6 1 ` co • l . • • . I . . ---r—, . r . • • , CV A:36 o 1S . . . . . . . I . . . - . _ SECTION FEET 660 1320 1980 2640 3300 3960 4620 5280 QUARTER FEET 330 660 990 1320 1650 1980 2310 2640 80 SCALE 40 SCALE I I - - - - �i.-. - - -.�) -, - V ch ;his Ni,inri Colo:, 8064.8 3 ?377 710 t1 Ug . i (.._6___ - 1 - ; - 9 - �4 I i A I f fi y) ? z ' 6 it .: l f A I'I'I, I (:A N'I : COLO, ',DIVISION HWYS �I� I M E : PM I�c,c:l: El 11 78-35 DA I I. : It l;Q lf l;,;'I' : JUNE 14, 1978 AMEND SUP #271, Expand acreage- - -- - gravel pit - NAME /i/L ki)c) ADDRESS 70 6-)c, e-) c .0 0.42 4.v_s egoe, 3 e / Sa f J . I ' .;ESOpT FOR C�IERTrIlEit t-MI -304' (Pius p0S₹age) _________ l'OS" 'hK ro 0,1 ea�L STATE BOARD OF , ND COMMRS. �_ 5/11/78 1 STREET P.;%3 NO. CO P,O, STATE AND I-IP CODE ( . i _ — a • SENDER Complete items 1,2,and i o Add your address in the "RETURN TO" space on 67YIC°JAL iCRVYCES VC-1 RD�IYIO"!AZ F�LS reverse. \ y, a Ct• 4o t;%0- C - Tito CCIiVCTC� .. 65d �) PETL�'1 With delrtery t,cJGrc,sco only .. 0 1. The following service is requested (check one). I.:LT rr 2 s-:::-,:;.-;to t-,7-2-,,' :C 'CPC C h4 7 C . 35Q H ,-r ✓ VJtth dclivrg to ,�'rr_4Co only. 65C- g Show to whom and date delivered 250 r .C"S, 50c� o C o DELIVER TO ADDRESSEE-ONLY - —- 5 El Show to whom,date,&address of delivery 45¢ Sg_ZIAL DELIVERY (crtro Fe.:,roo,uircd) • �i PS rcr-1 fJD ll S11CZnr+l E CC.i r�L G;DViDED— (Soo other side) ❑ RESTRICTED DELIVERY. r. 1971 3�(19 CJDT Eat ICJTEr JATIDCJAL C.1AIL n cro 1 '' Show to whom and date delivered 850 RESTRICTED DELIVERY. Show to whom,date,and address of delivery ..$1.05 (Fees shown are in addition to postage charges and ogler fees). ECCEIPT FOR CERTIF EE CAG II-3©4S (Oils postage) m 2. ARTICLE ADDRESSED TO: SENT TO POSTMARKc COLORADO DIVISION OF HWYS LYNN & NORM A SHIPP S OR DATE z STREET AND NO. 5/11/78 A DOC 78-35 m 3. ARTICLE DESCRIPTION: 6' P 0 STATE AND ZIP CODE REGISTERED NO. CERTIFIED NO. INSURED NO. xi 64045 2 - - O-TIC" OR MI JAL SERVICES F ADDITIL FEES m nevi;rl - 1, L Sr,3 to Vi C-1 d C_to C livered .. 15d vy (Always obtain signature of addressee or agent) & RCCI:iPT With delivery to e!tacce only 65d m I have c rvyd the article dexti}xed above. 2• SFC r to r, e ,Lilo CeC:esee only .rc0 . 35¢ r/�•� _ S l'trICGS With dchvery to cddreceec 65d SIGNATIdR ❑ A/�dressce Authorized agent o DELIVER TO ADDRESSEE ONLY ad l JJJ { ® , SPECIAL DELIVERY (ouaro fc- rogcirc�).- y -/ ,/ -71/11c,r y�� 'S: 1971 hD� [JO INSURANCE C(JuERAGra MIMED— (Sco other tido) m 4. Dp�TE OF (DELIVERY ,,SeOSt#AARK NOT Safi INTERNATIONAL MAIL t cio 1, ,(,---1-<-, O O 5. ADDRESS (Complete only if requested) ti i_ n :4. , rn xi RECEIPT EIPT FOR CERTINED Call11.`�3C(' (Mon postage G 6. UNABLE TO DELIVER BECAUSE: (l ` SE LSENT 70 POSTMARKS WILLIAM RUFUS & BERNICE WILS N 07 DATE C STREET A-ND NO. - 5/11/78 F * GOP 1976—O-203-456 P 0., STA-TE AND ZIP CODE LS CI N— OPTIMAL SERVICES FOR !!D]ITI0:JAL GEES — . RCTCRrl 1. St;oii to Gi:Cal c'Td dito CalivcrcJ . 15d R RiZCLiCT C._ With delivery to eedre53cc only . . 650 r,F. SERVICES 2. - to o—cam,C_le c-.i:::CrC CcIiccrc9.. 350 With delivery to cddreoseo only ••• 850 o p DELIVER TO ADDRESSEE ONLY ---- 50@ ® , SPECIAL DELIVERY — — — (culea icc,rocuircd) .. , f�1 PG �z ',i 3sca NO INSURANCE CCU;nc�E PROVIDED— CJOT FOR INTERNATIONALI:1AIL (Soo 0t her lido) *GPO 1 ,4<,_"51_n,4 in(ZZE[IPT FOR CCEEE TIIRED aCJQOIL®3©q (phis postage) SENT TO POSTMARK H.A.L.L. FARMS, LTD OR DATE STREET AfJD NO 5/11/78 P O., STATE AND ZIP CODE LO `• } -- _-_6?TIONAL SERVICES cDD R03ITIO'lAL FEES C I GETEEN 1. Shorts to cji C-i c_---,c1 CCto dclivcrcd ..... 150 �- ith delivery to cddreasce only . ..65d `—h D:TI DII E" W 2. ...r3 to c,'-c',Cato C'7C r.:`.Cro CCIlvcred 35d SERVICES With delivery to cddreescconly .. ..65d ` CC,o DELIVER TO ADDRESSEE ONLY 50C ® SPECIAL DLIIVE'lY (ct co, rnc',irce' PS 'ern �I O ... _ _ -_ ;DtfiDED— (Soo other lido) Apr. 1971 c.:,I 11,' ' _, ,„„,.,', MAIL o GPO. 1n74 O-551-454 ,:',3‘,I? V,I I,;--- I. I'T al1',ii II,-:{i:1)(' (F ) -` - ~ POSTMARK ' COLORADO DIVISION OF HIGHWAY OR DATE - 5/11/78 zo-Pi .- I I - T :e ,, I ..I 150 -_ 55;" I 6 , ` , _ :'1 350 •.(:: Pr,'.-- Dye (C: - 5DC n t! I,',, .I iLL— (Sco othor cido) N • SENDER Complete items 1,2.and 3- y • SENDER Complete items 1.-',.end i Add your address in the "RETURN TO" space on reverse c Add your address in the "RETURN TO" space on 3 reverse CO 1. The following service is requested (check one). 250 ` 1. The following service is requested (check one). a Show to whom and date delivered r ©r Show to whom and date delivered 250 a Show to whom,date,&address of delivery 45C g Show to whom,date,&address of delivery 450 RESTRICTED DELIVERY. 850 � RESTRICTED DELIVERY. Show to whom and date delivered O Show to whom and date delivered 850 RESTRICTED DELIVERY. Show to whom,date,and address of delivery ..$1.05 O RESTRICTED DELIVERY. (Fees shown are in addition to postage charges and other Show to whom,date,and address of delivery ..$1.05 fees). (Fees shown are in addition to postage charges and other fees). 2. ARTICLE ADDRESSED TO: 2. ARTICLE ADDRESSED TO: H.A.L.L. FARMS, LTD q LYNN Y NORMA SIIIPPS a z m DOC 78-35 z z DOC 78-35 n m m 3. ARTICLE DESCRIPTION: 0 3. ARTICLE DESCRIPTION: REGISTERED NO. CERTIFIED NO. I INSURED NO REGISTERED NO. CERTIFIED NO. INSURED NO. 23 m 640451 A 64044A o m Di (Always obtain signature of addressee ar agent) (Always obtain signature of addressee or agent) m I have received the article described above. -I RI I have received the article described above. In SIGNATURE _ 0 Addressee 0 Authorized agent O SIGNATURE 0 Addressee 0 Authorized agent s,7 7(( Z XI DATE OF DELIVERY _ POSTMARK C 4. rn ',,) m xi DATE OF DELIVERY PO1S�MARK Z +• 5. ADDRESS (Complete only tf requested) Z 0 5. ADDRESS (Complete only it requested) m A A m --I A m CLERK'S -Im 6. UNABLE TO DELIVER BECAUSE: INITIALS m 6. UNABLE TO DELIVER BECAUSE: - .-"CLERK'S C 0 INITIALS X. A F . •z� y, GOP I97G-0 203 C56 r' .-. ;r GOP 197E 0 1 h • SENDER• Complete items 1,2,and i. m • SENDER Complete item; 1.2,and 3. o Add your address in the "RETURN TO" space on o Add your address in the "RETURN TO" space on reverse. 5 reverse. O 1. The following service is requested (check one). 1. The following service is requested (check one). zEl Et Show to whom and date delivered 250` ' Show to whom and.late delivered 250 Show to whom,date,&address of delivery 450 Show to whom,date,&address of delivery 450 RESTRICTED DELIVERY. V ❑ RESTRICTED DELIVERY. °i Show to whom and date delivered 850 Show to whom and date delivered 850 O RESTRICTED DELIVERY. O RESTRICTED DELIVERY. Show to whom,date,and address of delivery ..$1.05 Show to whom,date,and address of delivery ..$1.05 (Fees shown are in addition to postage charges and other (Fees shown are in addition to postage charges and other fees). fees). 2. ARTICLE ADDRESSED TO: a 2. ARTICLE ADDRESSED TO: WILLIAM RUFUS & BERNICE WILSON c STATE BOARD LAND COMMISSIONFRS z m z z A DOC 88-35 m DOC 7€3-35 n m 3. ARTICLE DESCRIPTION: c` 3. ARTICLE DESCRIPTION: REGISTERED NO. CERTIFIED NO. INSURED NO. �1 REGISTERED NO. CERTIFIED NO. INSURED NO. m 640450 m 640A48 O (Always obtain signature of addressee oragent) (Always obtain signature in gn � y of addressee or agent) -I I have received the article described above. m I have received the article described above. m SIGNATURE ❑ Addressee 0 Authorized agent G SIGNATURE 0 Addressee 0 Authorized agent XP 4. DATE OF DEL VERY POSTMARK PI) 4. DATEJ3F DELIVERY_ , ' POSTMARK ,rn O ,_- ./_ • 0 c' m/2-- 2 d Z• 5. ADDRESS (Compleie only if requested) p 5. ADDRESS (Complete only if requests ) ' 1 ;r=n t7 m m " i i r z z e_ m7, UNABLE TO DELIVER BECAUSE: , CLERK'S m 6. UNABLE TO DELIVER BECAUSE: CL ,� ' INITIALS -3 0 S a X. F r ' 'GOP 1976--O-203-456 11 GOP 1976-O-203 456 FILE CONTAINS OVERSIZED MAP PLEASE SEE ORIGINAL FILE Hello