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Home My WebLink About770241.tiff RESOLUTION RE: APPROVAL OF SPECIAL USE PERMIT FOR A BORROW PIT FOR THE STATE DEPARTMENT OF HIGHWAYS, P. O. BOX 850 , GREELEY, COLORADO 80631. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners of Weld County, Colorado, held a public hearing on the 26th day of October, 1977 , at the hour of 2 : 00 o 'clock p.m. in the Chambers of the Board of County Commissioners , for the purpose of hearing the application of the State Department of Highways, P.O. Box 850 , Greeley, Colo- rado 80631, for the granting of a Special Use Permit for a borrow pit on the following described real estate, to-wit: Beginning at a point on the North Right-of-Way Line of County Road 392 in Section 17, Township 6 North, Range 63 West of the 6th Principal Meridian, from which the Southwest Corner of Section 17 hears South 34°32' West a distance of 3998.02 feet; thence North 6°32' East a distance of 390 feet; thence North 83°28' West a distance of 850 feet; thence South 6°32' West a distance of 470 feet; thence South 83°28' East a distance of 850 fact; thence North 6°32' East a distance of 80 feet more or less to point of beginning. The above parcel contains 9.2 acres, more or less. WHEREAS, the petitioner was present, and WHEREAS, evidence was presented in support of the grant of the Special Use Permit for a borrow pit on the above-described real estate, and WHEREAS, Section 3 . 3 .E. 4 . 1. of the Weld County Zoning Resolution authorizes such a use in an Agricultural District on the grant of a special use permit by the Board of County Com- missioners, and WHEREAS, the Board of County Commissioners of Weld County, Colorado, heard all the testimony and statements of those present, has studied the request of the petitioner and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter, and having been fully informed and satisfied that the request for a Special Use Permit for a borrow pit on the hereinabove described real estate, com- plies with all of the conditions as set out in Section 3 . 3 .E. 4 . 1. of the Weld County Zoning Resolution; _ 770241 NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado, that the application of the State Department of Highways, P. O. Box 850 , Greeley, Colorado 80631, for a Special Use Permit for a borrow pit on the hereinabove described tract of land, be, and hereby is, granted. BE IT FURTHER RESOLVED by the Board of County Commissioners, that the reasons for approval contained in the Planning Commis- sion recommendations dated October 18 , 1977 , be, and hereby are, incorporated as the findings of fact of the Board of County Com- missioners in this matter. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of October, A.D. , 1977. BOARD OF COUNTY COMMISSIONERS 9WCOUNTY, CO OORADO /070 76.LJ,,.Lim H,rP(._ K .a ATTEST:' ,Weld County Clerk and Recorder anal Clerk to the -,Board By`: G I y '_, A p /, / ( 0 Deputy County Clerk 4PP " AS TO FORM: t" County Attorney Date Presented: October 31, 1977 -2- . BEFORE THE WI.... COUNTY , COLORADO PLANNIN ;OMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Case No . SUP # 341 : 77 :15 Date Oct. 18, 1977 APPLICATION OF State Department of Highways ADDRESS P.O. Box 850, Greeley, Colorado 80631 Moved by Frank Suckla that the following resolution be introduced for passage by the Weld County Planning Commission : Be it Resolved by the Weld County Planning Commission that the application for site approval of Borrow Pit covering the following described property in Weld County , Colorado , to-wit : See attached be recommended ( favorably ) ( GUMEMOULICW to the Board of County Commissioners for the following reasons : 1. The request is in compliance with the Weld County Comprehensive 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 and reclamation standards are followed. 2. The Soil Conservation Service has indicated they have no objections to the reclamation plans and procedures. 3. The Weld County Health Department indicated they did not identify any conflicts with Weld County and State Health Standards and Regulations . 4. The Colorado Geological Survey has indicated the proposed mining and reclamation plans are quite adequate for this project . Motion seconded by Percy Hiatt Vote : For Passage Marge Yost Against Passage STATE OF COLORADO ICOUNTY OF t,ELD SS. Percy Hiatt Abstain Ben Nix r nun v�Mth the �k r{, of the Board of County Corrin.ss.oners Chuck Carlson o C I- 131977 Frank Suckla .5S PSI, coin ry.C RK A•iD lCGORDCI2 Jerry Kiefer _ BY _ Deputy T e '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 . A. DESCRIPTION 3-1 ea Or ,e0tON Beginning at a point on the North Right of Way Line in Section 17, Township 6 North, Range 63 West of the 6th Principal Meridian, from which the Southwest corner of Section 17 bears / dl A South 34°32' West a distance of 3998.02 feet; thence North 0 !9 ' 6°32' East a distance of 390 feet; thence North 83°28' West a q ie/17 distance of 850 feet; thence South 6°32t West a distance of 470 feet; thence South 83°28' East a distance of 850 feet; thence North 6032' East a distance of 80 feet more or less to point of beginning. The above parcel contains 9.2 acres, more or less. CERTIFICATION OF COPY Shirley A. Phillips , Recording Secretary of the Weld County Planning Commission , do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County , Colorado , adopted on October 18, 1977 and re- corded in Book No . V of the proceedings of the said Planning Commission . Dates, the 18 day of October _ 19 77 Secretary v f ,,i-< n: October 18, 1977 ' i SIJP-341 : 77:15 rl.) ;: One mile northeast of Barnesville +._ I,L:,, i' '['I-I;,,I: Pt. NW?, Section 17, TEN, R6MY [,. . ['Si: Borrow Pit r;,',,.. : Colorado Division of Highways L1) i,(1' fly PLAN :[ '; C,,i;:lISmN S-ir r I?[ CU:;' [ ;IU , MAI TIiI'S f'.CWLST [;L approved -�_ f iiiL F0LLCEw1i:1 RLr,S0NS: 1. The request is in compliance with the _Weld County Comprehensive Plan and the Weld County Extraction Plan, Mineral Resources_ Volume II The area in is non-irrigated. The Weld - __ County Extraction Plan states that extraction shall be accommodated in non-irrigated areas so long as appropriate extraction and reclamation standards are followed. 2. The Soil Conservation Service has indicated they have no objections to the reclamation plans and procedures. 3. The Weld County Health Department indicated they did not identify any conflicts with Weld County and State Health Standards and Regulations. 4. The Colorado Geological Survey has indicated the proposed mining and reclamation plans are quite adequate for this project. µ fit, .L xe-g i,fir ms .(7c DL. „R FMENT OF PLANNING SERVICES PHONE 1303) 356-4000 EXT 400 of ' 915 10TH STREET '' } GREELEY, COLORADO 80631 � mot. September 19, 1977 Kenneth Wood State Department of Highways P.O. Box 850 Greeley, CO 80631 RE: Request for a Special Use Permit for a Borrow Pit to be located in Pt. NW* of Section 17, T6N, R63W of the 6th P.M. , Weld County, Colorado Dear Mr. Wood: Your application and related materials for the above described request are complete and in order. I have scheduled a meeting with the Weld County Planning Commission for October 18, 1977 at 1 : 30 p.m. Said meeting will take place in the County Com- missioners ' Hearing Room, First Floor, Weld County Centennial Center, 915 - 10th Street, Greeley, Colorado . It is recommended that you and/or a representative there to answer any questions •the Planning Commission might have with respect to your appli- cation. Y If you have any questions with regards to this matter, please do not hesitate to contact our office. Respectfully, Ken McWilliams Assistant Zoning Administrator KM:kmh 1 4 8232 3 CA • SENDER Complete items 1,2.and i. ill QI. Cis ';g �u-:�- ;.,1;A[IL� c Add your address in the "RETURN TO" space on - i 3 ( reverse. [„^,l .;C:idici. _C- :�;_- 1, The following service is requested (check one). 3 O Show to whom and date delivered ),5¢ —;,,_ Show to whom, date,&address of delivery.. 35¢ 10 -.-\' ��'Z� \� !,\CNA��V CD RESTRICTED DELIVERY. I DC Show to whom and date delivered 650 -I` �� —-- - ci .,,,,, ;r cc. } O RESTRICTED DELIVERY. k� Show to whom, date, and address of delivery 85¢ _ �\�C�\„v-N e- ----- - -4 C, 2. ARTICLE ADDRESSED TO: '- ' - - ---- - '*S.--,- '`.` `C \\ \-)''-'-- , •-s -gi Z <� ' , C m c\\- 'e \ C i'•\ ,` ` ,�1, ;`� `! m 3. ARTICLE DESCRIPTION: - -- --- REGISTERED NO. CERTIFIED NO. INSURED NO. + C O ra U- - ,7 i ii„,r,C-E, C in (Always obtain signature of addressee or agent) :4 ' I, ,„r- m I have r eived the article described above. � sic., w,:.o, SAT.r,: L'I ADur..SS GI-D_LI ARV C,,'•, 0', G SIGNATU F ❑ Addressee ❑ Authorized agent fZ FEW,(.(FJCDIV RY cz,>I `\,, . y'ri, TOTAL FII�YR1'?AU FEES a a cn 4. )v *' ;l) ��.t,'y! ;C! FSIT4�AS Y CA DATE m DATE OF DELIVERYPOSTMARK .i-i1 o ' Q D I Z G 5. ADDRESS (Complete only if requested) - m n I A G • 6. UNABLE TO DELIVER BECAUSE' CLERK'S E J� .. f DATE: Septemi 16, 1977 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 26th of October at 2:00 P.M. and October 31, 1977 at 10:00 A.M. for October 26 - Colorado Division of Highways, Brown Borrow Pit SUP, Open Cut Mine Permit October 31 - Budget Hearing for adoption of Mill Levy OFFIC OF THE C ERK TO T E BOARD BY: a Deputy The above mentioned hearing dates and hearing times may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO FIELD CHECK FILING NUMBER 9/2-31.-2 -7 NAME a-e/O- A.470 REQUEST LEGAL DISCRIPTI0N �/ C1�7 13,, ato LAND USE N • S // W '! ZONING N LOCATION - S IJ COMMENTS : (.,/a i>dAdtliA49--L-kAA-(0- • A e7'B y 24.4, Of/4_4I-44(Jel ,/ /eeaf--7,t-2'4-67 NOIlCli Pursuant to the zoning laws of the State of Colorado and the Weld County Land Use Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, Greeley, Colorado, at the time specified. Al] 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 c•ertif :ed by the Weld County Planning Commission may he examined in the Office of the Clerk to the Board of County Comm L sloners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. Docket No. 77-30 Colorado Division of Highways Brown Borrow Pit 4340 E . Louisiana Avenue Denver, Colorado 80222 Date: October 26 , 1977 Time: 2 : 00 P.M. Request: ' Special Use Permit, Open Cut Mine Permit LEGAL DESCRIPTION: Beginning at a point on the North Right-of-Way Line of County Road 392 in Section 17, Township 6 North, Range 63 West of the 6th Principal Meridian, from which the Southwest Corner of Section 17 bears South 34°32 ' West a distance of 3998 . 02 feet; thence North 6°32 ' East a distance of 390 feet; thence North 83°28 ' West a distance of 850 feet; thence South 6°32 ' West a distance of 470 feet; thence South 83°28 ' East a distance of 850 feet; thence North 6°32 ' East a distance of 80 feet more or less to point of beginning. The above parcel contains 9 . 2 acres, more or less . THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY : MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY : Rita Jo Kummer, Deputy DATED: September 19 , 1977 PUBLISHED: September 21 , 1977 and October 12, 1977 in the Greeley Journal NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Land Use Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, 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. 77-30 Colorado Division of Highways Brown Borrow Pit 4340 E. Louisiana Avenue Denver, Colorado 80222 Date: October 26, 1977 Time: 2:00 P.M. Request: Special Use Permit, Open Cut Mine Permit LOCATION: Approximately two miles Northeastof Barnesville, Colorado. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Rita Jo Kummer, Deputy DATED: September 19, 1977 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Land Use Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, 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. 77-30 Colorado Division of Highways Brown Borrow Pit 4340 E. Louisiana Avenue Denver, Colorado 80222 Date: October 26, 1977 Time: 2 : 00 P.M. Request: Special Use Permit, Open Cut Mine Permit LEGAL DESCRIPTION: ' Beginning at a point on the North Right-of-Way Line of County Road 392 in Section 17, Township 6 North, Range 63 West of the 6th Principal Meridian, from which the Southwest Corner of Section 17 bears South 34°32 ' West a distance of 3998 . 02 feet; thence North 6°32 ' East a distance of 390 feet; thence North 83°28 ' West a distance of 850 feet; thence South 6°32 ' West a distance of 470 feet; thence South 83°28 ' East a distance of 850 feet; thence North 6°32 ' East a distance of 80 feet more or less to point of beginning. The above parcel contains 9 . 2 acres, more or less. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Rita Jo Kummer, Deputy DATED: September 19, 1977 PUBLISHED: September 21, 1977 and October 12, 1977 in the Greeley Journal / ///' , NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld Count/ Land Use Code a public hearing will he held in t' Chambers of the Board of County Commissioners un- ty, of .Colorado at the time specifi VVeld oed All persons in any manner interested in the Special Use Permit are requested to ,, attend am,may be heard I BE IT ALSO KNOWN that the 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 j located in the Weld County Centennial Center, 915 10th Street, Third Floo1 Greeley,Colorado Docket No 77-30 i Colorado Division of Highways Brown Borrow Pit 4340 Colorado 80222 ue i Denver 1 Date e 2 00 October 26 1977 Request Special Use Permit, Open I Cut Mine Perm t LEGAL DESCRIPTION 4 Beginning h Line t a ofiCounty the Road 392 in Right-of-Way Way in 3SWest of the 6th Township cipal Meridian,e i from which the Southwest Corner of dsttannce 0712 1 3998 02 feet,thenceVNot rth 1 6 32 East a distance of 390 feet,thence North 83'28' West a distance of 850 feet thence South 6°32 West a distance' East 470 distancetofnce 850South feet thence North 632'East a distance of 8d feet more above less parcel contaoint ins 9 2 acre, more or less THE BOARD OF COUNTY gOIOMMIS- NERS WELD COUNTY COLORADO WELD COUNTY,COLORADO BY MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND Y CLERK i o Kummer THE BOARD e ')nTED September 19, 1977 S�hl ^1 and Oct 12, 1977 P�,bl�s led �i �^a1 IPi,l�isn,- I ,'i' 1,.'1;:... (2()11;1'' , ;2nd,' ,'r ' , 1 ,I October 12, 1.977 __ 1'1.11: 11 ';lli'r : P teasr, ins 'r1 ' 1: CI n,• 1 0:,n,1 1ln! 1 -'e In . ,'.„1- , ,,.,o.-• 1,11:` ',ti, ,'1; ('1 October 17, 1977 (in', t 111:,' On1y . I. a 1',1",il - , ('r; 1. ,O_c I '1,' C'11'_ 1 cJ;;r , ' C 1( 1 1:.,i 1 ( ,.1"(1 I 1 n '.7,;;;.:!-1.,:- , 1, 1 ' 1 ,I; 1 1„ fit I (L, 1 c f I I, 11 it I (111 ..:, ..,' (•(- ':•,f, 1 r' l i, , - ( . I . '11tH,,, 1'i,u I L).'- ', ' ' C' n.:r,IL1, )11 . ,; 1 '. ' . , 12- , DOCKET I77-3Q , . .,,`'\;' , ' 1 (1(1 't`,'•;i;i5:, ? (1:,1'1:.; ,'', F . „ i'(•'1(.!-• I I: r'() 1— C 1, 0: ,I ! 1 ... 1' .1- 1;: 1- .;, . , `I_ I: t ,' t Li'' B'',.3. , I'll I ', . .1111 (' t ( , ', es- - -. - 'r^tYPn,.a-< r,t.w.---,,..v_7.----•_r,,t,•r•,,,;., ,sw,:tVjFn•1 'A4-a P� s v', L+ S: ,r ,r v, c .G 00 < N �' ti YJ o x ry O < -- Es3 C Z ¢ ( 4 • . •-, .. tC < wt— . ., Ci n C J 5. 61 '^ (A U? • 60 z 0 .. z o > o a o y IF y w0 'i. w M Y T,Q' 1cii > y v 0 v A[ .1 0 —= ".3-'17', T /` L ,-' ,1 R, Z s. . U 1 Y O ^o a-J f:4-= o O a 1 -c ,y Fir W ., t < C b 3S , M >- b O (i d v " v_ W cr -- uv .o ca I•1-7 W rd -. Z o: c � p iii r- ' o o W W C M > E-0E 3 3 ) E La 3 3 y O N O o -o a 0 O - o o O 0 b O w z C.,< 3 CE C N I- < 0 O r .� LL N O� WIlIffWITINVISTr 3 3 3 LI w u w o w �_ ° F7 ° ;LLB o o: 3 v Cr w .w., 0 G4 V) gat) -,9, U U w t ~ Fw ¢ m y JQ < w I- CI ❑ wv a < W � � //1Q\O��\I< 7 • .-. �L.6J., N rn Ix N c7) 11,n ,D PS Form 3811,Nov 1976 RETURN RECEIPT, REGISTERED, INSURED AND CERTIFIED MAIL —... - — _ —re.r._r.r..�.. ,aw ..1..a..,.. y-r....� ru tiW,w.a Wyk vL en.LiA _ . ,. 4 _ _ A,a ,pcp.,, - - ,• �. es .-,I.s�7.•.C,.`MA'-i.P•e " 101,61 Affidavit of Publication STATE OF COLORADO, ss. County of Weld, NOTICE Pursuant to the toning laws of the State r r' of Colorado and the Weld County Land Use I k Ct!'.T( k s. Lo. c O17. of Code,a public hearing will be held in the said County of Weld, being duly sworn, say Chambers of the Board of County Corn- that I am the (publisher) (editor) (advertis- mIssloners of Weld County, Colorado, ing manager) of Weld County Centennial Center,915 10th Street, Greeley, Colorado, at the time THE GREELEY DAILY TRIBUNE, and specified All persons in any manner in THE GREELEY REPUBLICAN terested In the Special Use Permit are that the same is a daily newspaper of general requested to attend and may be heard. circulation and printed and published in the BE IT ALSO KNOWN that the text and city of Greeley, in said county and state; that maps so certified by the Weld County the notice or advertisement, of which the an- Planning Commission may be examined nexed is a true copy, has been published in in the Office of the Clerk to the Board of said daily newspaper for one day; that the County Commissioners, located in the notice was published in the regular and Weld County Centennial Center,915 10th entire issue of said newspaper, and in the Street,Third Floor,Greeley,Colorado newspaper proper and not in a supplement Docket No 77 30 thereof; that the publication of said notice Colorado Division of Highways was contained in the issue of said newspaper bearing date Brown Borrow Pit 4340E Louisiana Avenue 7 ' Denver,Colorado 00222 ?Oday of ©C ^vG.l� A.D. 19 7r! • Date.October 26,1977 Time 2 00 PM Request Special Use Permit, that said The Greeley Daily Tribune and Open Cut Mine Permit The Greeley Republican, has been published LOCATION Approximately two miles continuously and uninterruptedly during Northeast of Barnesville,Colorado the period of at least six months next THE BOARD OF COUNTY prior to the issue thereof containing said COMMISSIONERS notice or advertisement above referred to; WELD COUNTY,COLORADO that said newspaper has been admitted to the BY•MARVANNFEUERSTEIN United States mails as second-class matter under the provisions of the Act of March 3, COUNTY CLERK AND AYDLERKKND RECORDER RDER 1879, or any amendments thereof, and that said newspaper is a daily newspaper duly BY Rita Jo Kummer,Deputy qualified for publishing legal notices and DATED September 19,1977 advertisements within the meaning of the f he Greeley Daily Tribune lawn of the Stag of Colorado. )ctober 1e,1977 f > , y • - , (Publisher)/ (Editor') (Advertising Mgr.) Subscribed and sworn to before me this '-_`_ L ay of :CtObcr 77 A.D. 19 My commission expires 6 Juno 978 Notary Public. Affidavit of Publication STATE CF COLORADO, I )ss County of Weld, Qom,) I, ge,&nDeCDS7%/r2f said Count of Weld, being duly sworn, say that I am ono of the publishers of THE GREELEY JOURNAL that the same is a weekly newspaper of general cir- culation, published in the city of Greeley, in said county and state, that the notice or advertisement, of which the annexed is a true copy, has been pub- NOTICE Pursuant to the zoning_ laws of the lashed in said weekly newspaper for —"State of U eCodadooand t public Weld Wounll d cewseeanee weeks, that the notice was published in held in the Chambers of the Board of the regular and entire issue of every number of said County Commissioners of Weld Coun- newspape- during the period of time of publication ty,Colorado,at the time specified All of said notice, and in the newspaper proper and not persons in any manner interested in the in a supplement thereof,that the first publication of Speeccial Use Permit are requested to said notice was contained in the issue of said news- attend an may be heard BE A BE IT ALSO KNOWN that the text and maps so certified by the Weld S�/ County Planning Commission may be paper beerin date the day of examined in the Office of the Clerk to the Board of County Commissioners, ^-� located in the Weld County Centennial e ejyf?�� Center, 915 10th Street, Third Floor, ,A D 197 / and Greeley,Colorado the ast publication thereof in the issue of said Docket No.77-30 Colorado Division of Highways /2/-4 Brown Borrow Pit 4340 E Louisiana Avenue newspaper bearing date the day of Denver Colorado 80222 Date 2 00 P 26,1977 &c, ,47 77 Time.2 00 P M Ui Request Special Use Permit, Open , 19 that the said CuLEGAL G eDESCRIPTION It The Greeley Journal has been published continu- ously oust Beginning at a point on the North y and uninterruptedly during the period of at Right-of-Way Line of County Road 392 least fifty-two consecutive weeks next prior to the in Section 17,Township 6 North,Range first issue thereof containing said notice or adver- 63 West of the 6th Principal Meridian tisement above referred to, that said newspaper has from which the Southwest Corner of been admitted to the United States mails as second- Section 17 bears South 34°32' West a class matter under the provisions of the Act of distance of 3998 02 feet, thence North March 3, 1879, or any amen en thereof,and that 6°32'East a distance of 390 feet,thence North 83°28' West a distance of 850 nr said ne paper is a weekly ew aper duly qualified feet, thence South 6°32' West a for publishing legal notices a advertisements with- distance of 470 feet, thence South in the meaning of the law f the State of olor 83°28thence East a ' st i 850 feet / L'Z-.6�� fife North 6°32'East a distance of 8d feet more or less to point of beginning , /` The above parcel contains 9 2 acres more or less One the Publishers THE BOARD OF COUNTY COMMIS-' 7- '3/STONERS, WELD COUNTY COLORADO WELD COUNTY,COLORADO Subscribed and sworn bef re me this BY MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY Rita Jo Kummer,Deputy day of ----- ---- A D 19-------`-- DATED September 19,1977 — Published Sept 21, and Oct 12, 1977 r1�2 0.2?/ -7f Published in The Greeley Journal My commission expires — i i <--%4L Notary Public !j - 0 s Affidavit of Publication STATE OF COLORADO, ) )ss. County of Weld, )• i,---_S9 0kr r I r--of said County of Weld, being duly sworn, say that I am one of the publishers of THE GREELEY JOURNAL NOTICE Pursuant to the zoning laws of the that the same is a weekly newspaper of general cir- State of Colorado and the Weld County culation, published in the city of Greeley, in said Land Use Code,a public hearing will be county and state, that the notice or advertisement, held in the Chambers of the Board of of which the annexed is a true copy, has been put County Commissioners of Weld Coun- ty,Colorado,at the time specified. All persons in any manner interested in the Special Use Permit are requested to attend and may be heard in fishedsaid weekly newspaper for---- Q — - -- cermet:Awe weeks, that the notice was published in BE IT ALSO KNOWN that the text and maps so certified by the Weld the regular and entire issue of every number of said County Planning Commission may be newspaper during the period of time of publication examined in the Office of the Clerk to of said notice, and in the newspaper proper and not the Board of County Commissioners in a supplement thereof,that the first publication of located in the Weld County Centennial said notice was contained in the issue of said news- Center, 915 10th Street, Third Floor, Greeley,Colorado. Docket No 77-30 Colorado Division of Highways 5 Brown Borrow Pit paper bearing date the ---- ------- --day of 4340 E.'Louisiana Avenue Denver,Colorado 80222 Date:October 26,1977 -Se 'f�7Time 2.00 P.M. -,A.D. 19--(--/; and Request Special Use Permit, Openthe last 1).-- il(Y`13jeti' pub''cation thereof in the issue of said Cut Mme Permit LEGAL DESCRIPTION• Right-of-Way Line at of int on Countythe Road 392 gth newspaper bearing date the---------------------•- -day of in Section 17,Township 6 North,Range 6 West o the 6th Principal rn r o ( r — 32 from which the Southwest Corner of � Section 17 bears South 34°32' West a --- 19 ---- that the said distance of 3998.02 feet; thence North The Greeley Journal has been published continu- 6°32'East a distance of 390 feet,thence ously and urmterruptedly during the period of at North 83°28' West a distance of 850 least fifty-two consecutive weeks next prior to the feet, thence South 6°32' West a first issue thereof containing said notice or adver- distance of 470 feet; thence South tisement above referred to, that said news a er has 83°28' East a distance of 850 feet pap a been admitted to the United States mails as second- thence North 6°32'East a distance of 8 class matter under the provisions of the Act of feet more or less to point of beginning The above parcel contains 9 2 acres, March 3, 1879, or any ame meat thereof,and that more or less said newspaper is a week) new aper duly qualified THE BOARD OF COUNTY COMMIS- for publishing legal notic and'advertisements with- WELD COUNTY. COLORADO SIONERS in the meaning of the la s the State„af Colored WELD COUNTY,COLORADO BY MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER 4L: ___ AND CLERK TO THE BOARD % — BY Rita Jo Kummer,Deputy On f the Publishers DATED September 19, 1977 Published Sept 21, and Oct 12, 1977 - Published in The Greeley Journal Subscribed and swor to efore me this-- — � r �J 7 day of --O—`---• , A.D 19—L—r ti____.... ---1 ,-,,,e7079/ 74 My commission expires •- --- — ///-c✓G=c.4./ -L, ../ i Notary Public October 26 , 1977 I hereby certify that pursuant to a notice dated September 19, 1977, duly published September 21, 1977 and October 12, 1977 in the Greeley Journal, a public hearing was held on the request of the Colorado Division of Highways for a Special Use Permit for an open cut mine permit. Mr. Ken Wood representing the Highway Department reviewed the request. No one in the audience was opposed to the request. After discussion, Commissioner Carlson made a motion to grant the special use permit. Commisioner Roe seconded the motion and it carried unanimously. Commissioner Jacobucci was absent from this hearing. e 141 /1Z). C RMAN RD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: L 1tu)(1.,„, M; )a COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Deputy County Clerk 111 J Docket #77-30 Tape #77-134 • Q o T 311 o ... , o a .A .1 co --. . ma \ o Tn Q.) \ e o n a 02 a `� o (,)• z:, \ co cl, , rr, ,_ . .s o co rn O d % w {J c� n y n :1, 6 i'l,,., (' ' . .e-t (n ""....n i.:3 1121530 "1 LCA C -Dc ' H o . lar dr H r . rn z a '^ y V rn 02 -4 0 r o rn y A rnC.:sk- 9\-) 0• 0 Z Z m .- O Z a0 a n y O E7 -a b\ ' . V App 11c':iilt. �, 111u( u('.; L :- >�r -1 - - -- — 1regaI I)e;,c�r�ipl. i �n ft- ) C,,x l �'-t. tom a �t / . T- '/ i e_, JCL. 11;1 I l' (1r -- Z �1lih I i cal ti on l c;r: i yr cl _______9/4 - - �- 1 -l77-) _- __— Application lee - Receipt T' 1- _—_______- Recording Fee Cr —_-- ------____- - - _ _ _ --__ Application Complete 9 /i 6? '7')) I P. C. Hearing Date : Dell , le; l �� ' i, Letter Lo Applicant; Drafted ____9'1V/Z-2_- �?- _____ _----__ _ ---- -_- Referrals Listed --- ---___-1!_-- Publi-c. Notice Drafted lq-- Field Chock by D.P. S . Staff /c� __-- -_---_ -_ Sign Posted by : /V 4 File Assembled ' '6\____ __— - - ____ Referrals Mailed - "c\\-\'N --- ..J—Q. I Legal Check to County Attorney \\4@ � Legal Approved by County Attorney � _ Chaindexed c \_` -Q Notification of Applicant /I ! -------- i17'!�t' Public Notice Sent Out by : '4_ Sign for P. C. Meeting Prepared �' /1- I Surrounding Property Owners Researched __'_ _ _— _'y Ai rpho to/Vicinity Hap Prepared - �__-_ _-- --- --__-__ Properly Owners Notified by : p 2 __9of __f _-_ - - - Agendas Mn i 1 ccl by : 1077 — /D-') -- `_ Referrals - Complete _-___)51_4 --- I- _ .--- :271----i • Preliminary D. P . S . Staff Comments - -- -- Staff Conference _ID)_2_3__ _--- .74S P.P . S . Comments —__-1'D// - - .1("291-- P .C . Hearing Act inn : W\ _ %\.\-% ------- \ _ - . P.C. Resolution \ \\% - . Case Sent to Clerk to Board \d\��'ti `�'�_'--'\ Sign Posted / /,_7 C.C. Hearing /04(07 Action2%cavd 1O42, _-- -_-CO---- C. C. Resolution Received \\\A-V-1 --- _-Q - History Card Complete \ `\N .( _ C. C. Resolution Sent to Drafting _________ Drafted on ,.iy I (11• Document Sent to Clerk Vz Recorder ------- -------- -- --- -- - ------- P.C. Minutes __- _-_ _ - - - . _ ----. e , . * r . . • WELD COUNTY, COLORADO • SPECIAL USE APPLICATION • For OPEN CUT MINE PERMIT - (gravel pits, etc.) • Weld County Planning Commission 1516 Hospital Road, Greeley, CO ! , Mi 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 Borrow nit. (gravel , coal , borrow pit, etc. ) mining operation for the following described unincor- porated area of Weld County: • LEGAL DESCRIPTION: - See attached TOTAL ACREAGE: @ 9.2 2. Surface owner(s) of area of land described Name: Gordon D. Brown Address: 16317 Colo. HwyPhone: 857-2936 Name: Leta Mayvis Brown Address: 52, Ft. Luoton,Phone: 857-2936 Colo. 80621 3. Owner(s) of mineral rights to substance to be mined Name: Gordon D. Brown Address: Same as • Phone: Same as Name: Leta Mayvis Brown Address: Abcve Phone: above 4. Source of applicants Legal Right to enter and to mine on the land de- scribed: Option to Buy Material (Attach Certified Copy of any Document noted to the Back of This Form) 5. Address of applicant and general office • Applicants address: P.O. Box 850, Greeley Phone: 353-1232 General Office address: )34o E. Louisiana Ave. Phone: 757-9224 Denver, Colo. 80222 6. Identify any prior permits for open cut mining held by applicant or - affiliated person: Grossaint, State Land, McEndaffer, Baumgartner, Janitelh Miller, Shaklee, Shiups, Leonard, Jeffers, Wilson, Jeronimus, Stroh 7. Description of Operation a. Types and number of operating and processing equipment to be employed: Methods of mining are left to the contractor. See Exhibit B. I b. Maximum number of employees: @ 10 , and number of shifts: 1 c. Number of stages to be worked: 1 , and periods of time each is to be worked: November, 1977 to April, 1978 d. Thickness of mineral deposit: N/A feet, and thickness of the over- burden: N/A Mine will average approximately a 7' cut, i See Exhibit B. 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): Site entrance at Station 697+00 on County Road 392. Haul distance is @ 3 miles N.E. to Cornish. Cleared by Drew Scheltinra of County Fnwineers office Septerber 13, 1977. 8. Description of Rehabilitation • a. Proposed rehabilitation land use(s): Range Pasture b. Source of technical advice for reclamation: Soil Conservation Service, Greeley, Colorado c. Explanation of Reclamation Process: The top 4 to 8" of material will be stripped and stockpiled. After the excavation is colpleted, the stockpiled material will be replaced as uniformly as possible. The area will be fertilized, seeded and I mulched. • See Exhibit E: Reclamation Plan I hereby depose and state under the penalities of perjury that all state- , ments, proposals and/or plans submitted with or contained within this applica- tion are true and corr ct to the best of my knowledge. - t COUNTY OF _ -,,I STATE OF � -e-.4'-Q---(-„ �c2 T ./2 Sign ure: O►rn r/Author?z Agent - Subscribed 'and sworn to before me th. /_5 day of_— _-=-i , 19 // NOTARY PUBLIC SEAL My CommFn 'Oo Expires Oct. 19,J98(1 My Commission expires I DESCRIPTION Beginning at a point on the North Right of Way Line in Section 17, Township 6 North, Range 63 West of the 6th Principal Meridian, from which the Southwest corner of Section 17 bears South 34°32' West a distance of 3998.02 feet; thence North 6°32' East a distance of 390 feet; thence North 83°28' West a distance of 850 feet; thence South 6°32' West a distance of 170 feet; thence South 83°28' East a distance of 850 feet; thence North 6°32' East a distance of 80 feet more or less to point of beginning. The above parcel contains 9.2 acres, more or less. jlt LIMITED IMPACT AND SPECIAL (TEN-DAY) PERMIT APPLICATION FORM - STATE OF COLORADO Application for Mining Mined Land Reclathation Board and Reclamation Permit, Department of =Natural Resources Pursuant to C.R.S. 1973, 1313 Sherman Streets 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) , an? 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 Brown Borrow Pit (Pit, mine; or site name) 2. Name of applicant/operator Colorado Division of Highways (Name to be used on permit) Brown Borrow Pit 3. Address and phone number of P.O. Box 850 local offices Greeley, Colorado 80631 Ph. 353-1232 4. Address and phone number . Louisiana Ave. of general offices 4340E. Denvers Colorado 80222 Ph, 1922I. 5. Name and phone number of person Ken Geisert VA staff members should contact 757_9224 6. Owner(s) of record of affected Gordom_and_Le a Biwn land (surface area) (If more than 2, list below) 7. Owner(s) of substance to be mined Gordon and Leta Brown (If more than- 2, list below) 8. Source of legal right to enter Colorado Division of Highways Form 788, (Indicate what type of proof is included in E-:hibit C -- lease, deed, "Option to Buy Materials " notarized lecter, etc.) 9. Type of mine & substance to be mined Open Pit- (Specify und`rgrou'Zd, strip, open pit, Mining blowzand_far highway construction etc. and substance(s) to be mined) --- 10. Ceneral location & elevation (Miles @ 1 mile northeast of Barnesville on & direc':ion from nec.rest town �)pro:cinate site el rati1) ) County Road 392. `- i1 _ Elevation: 4680 31. County Weld 12. Acreage of affected :cndc . Lc 9.2 Acres (int surface ucrea,e r. --- - --- in:_lud=d in r:rnit) _--- _ 13. A_pp13c-,lion fcc (Sac applicable Rule _ --- ro ec_t_m?ne :r'ount) • -2- _ _ _ __ TYPE OR PRINT CLEARLY _ 14. Present land use Range Pasture - (i.e. , ::gricultural, industrial, etc.) Agricultural --- - -- -- — Range_-Pasture - — --`----' 15. Proposed future land use (Goal of reclamation) AgricuIural - 4 INSTRUCTIONS: This application form must be submitted in duplicate and each form mush 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 and be wholly adequate for field location of the property. It can be in the form of metes and bounds survey or a description by reference to township, range, and section to at least the nearest quarter quarter section. Where applicable, the street address or lot number(s) may be used. EXHIBIT B — Mining Plan This can be a general discussion of the methods, equipment, phases or stages of the operation and those portions of land affected by each. The plan should be closely correlated with the map and should show where extraction will begin, which 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 immediately adjacent landowners must be shown. The closest quarter section corner, section line, or any other locateable point 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 operatcr has the legal right to enter and mine will be accepted. *FOR SPECIAL 10--UY PERMITS ONLY** EXHIBIT II — 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. EnilLIT s - Terms of CovernTental Contract Thy oreaa_ rr r:;ust submit a copy of the contract or ocher proof that proves the In-?cessity o1 a special 10-day permit. The operator must also submit evidence of the surety provided under the €overnm^ental contract, if it was required. - -3- • 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 infcrmation 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) State Department of Highways SUP-341: 77:15 REFERRALS September 19, 1977 ,County Health /County Engineer Dave Shelton Colorado Geological Survey /1313 Sherman Street / Room 703 Denver, Colorado 80203 Frank Suckla 4468 Weld County Road 19 Fort Lupton, Colorado 80621 Ron Miller Soil Conservation Service 2017 9th Street Greeley, Colorado 80631 mmORAr1DUrT' Planning Commission September 20 , 1977 C. To Date COLORADO From State Department of Highways subject: Borrow Pit No engineering problems anticipated by this request . Any damage done to any portion of County roads used for haul roads must be restored to their original condition. �'�"�„ 1 Gi man E. Olson mfm J Sep '� r 1977 d{ '•• fai010g COI--;.' Weld/ BOARD OF HEALTH ►1'�Y elciCounty Health Department DAVID WERKING, DDS,Greeley FRANKLIN D YODER, MD, MPH RALPH MB,Greeley Director 1516 HOSPITAL ROAD WILLIAM BUCK, 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 JOE STOCKTON, Grlcrest October 5, 1977 Mr. Gary Fortner, Director Planning Commission 915-10th Street Greeley, CO 80631 TO WHOM IT MAY CONCERN: We recommend approval of State Department of Highways, Special Use Permit for Borrow Pit located in part of NW4, Section 17, Township 6 North, Range 63 West, Weld County Colorado. Sincerely, C '132 G en E. Paul , irector Environmental Health Services GEP:dr N5 71) c 0C1 191 op' C1e�d couoti . � s,! it+g �r any+ • ■ isoL \ West Greeley Soil Conservation District CONSERVATIO i DISTRICTS • V �RIiIrIIc� � P. O. Box 86 a Greeley, Colorado 80631 'tCOvt00�+ October 11, 1977 Gary Z. Fortner Director of Planning Weld County Centennial Center 915 10th Street Greeley, Colorado 80631 We have reviewed the application for borrow pit for the State Department of Highways to be located in the NWT of Section 17, Twp. 6N, Range 63W. The State Department of Highways did receive assistance through the Soil Conservation District in preparation of their reclamation plan. All treatment components cited in the plan are in accordance with Soil Conservation Service standards and specifications and are adequate to meet the reclamation needs. One descrepency was noted in the seeding rates. The State Department of Highways has been notified of the error and they will be making correction to provide proper seeding amounts. From the stand point of the reclamation plan, we feel the application is in order. Sincerely, jea y✓L CC L�Y� 1 Wl z' i j ti j —�t c-a. Milton Baumgartner, Pres fident West Greeley Soil Conservation District MB/jb 01.4,1:Ct)tet) ST 'r RICHARD D LAMM ? 4 JOHN W. BOLD GOVERNOR Na SAN~ INE Director N COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES 715 STATE CENTENNIAL BUILDING - 1313 SHERMAN STREET DENVER COLORADO 80203 PHONE (303) 892-2611 October 4, 1977 Mr. Ken McWilliams Weld Co. Planning Dept. 915 10th Street Greeley, Colorado 80631 Dear Ken: RE: DIVISION OF HIGHWAYS, BORROW PIT The Colorado Division of Highways has proposed to open a borrow pit in the NW 1/4 sec. 17, T6N, R63W. This 9.2-acre tract lies in wind- blown sand deposits shown on the CGS sand and gravel resources map of the Barnesville quadrangle. Because the supply of this material in Weld County essentially is infinite, the location of a borrow pit is a matter of convenience, and an existing roadcut affords easy access. A 7-ft. cut in this material with proposed slopes of 10:1 do not present any stability problems. For a short-term project such as this, the proposed mining and reclamation plans are quite adequate, and I recommend approval of the application. Sincerely, AOLI/YUCDO>hicte-da`t`e' Stephen D. Schwochow Engineering Geologist SDS/ba Rei sG 1rf t0C1Et . GEOLOGY STORY OF THE PAST . . . KEY TO THE FUTURE «...., \ r. .‘.,..- \ \ ' 'ti r�,, , Q+ o Q , 4‘t:::::, t. � ) \r, -C..) I • v�M a\`N {I{ 1 • i yy I , I , Q t \ 1 '. NNIN,j Z‘') 6N CIS r ,, r ,.. ,, ,\N . , \ 4 //14'O a CCIC- 1 --6'..- '1.-, . ♦' ft: N,A .z) ' lam -sa 90 O ; tC--- i. l 1 A � ea. � s I OH Form No. 788 Project No. R8 December 1972 5 (Prev. O.F. No. 10) Location: RQEo of 8arnerville OPTION TO BUY MATERIAL THIS AGREEMENT, Made and entered into this 61% day of d19. 19 77 , by and between Gordon Dctr y cn3 Lath 11;moo Brunt cald thi FCy?t4Ll Ln1 B nk (Greece) of Wold County Coa,Gri. o hereinafter re- ferred to as the Owner, and the DEPARTMENT OF HIGHWAYS, STATE OF COLORADO, here- ' inafter referred to as the DEPARTMENT. (The term "DEPARTMENT" shall be construed to include Department employees; agents and contractors. ) WITNESSETH THAT: WHEREAS, the Department desires to obtain construction materials of satis- factory quality and quantity for use in construction, improvement and maintenance of its highways, which material is available from land owned by the "Owner" and described as follows, to-wit: A vta-1,G-A eat' 11,1 J T7„ a g'e:t1,0 i 17, Tm6NQn R063ww (See sketch on back) NOW, THEREFORE, IT IS AGREED BY THE PARTIES: The Owner, for the consideration of One Dollar, receipt of which is hereby acknowledged, hereby grants to the Department the exclusive right and option from the date of this Agreement until thej7,o¢ day of ___Lhay 19 79 at 12:00 Noon, to purchase and remove from the subject premises. (a) Borrow at Cents ( per (ton) (cu.yd. ) (b) at ®-o.. Cents ( per (ton) (cu.yd. ) gig/ a lump sum of $ 3„,0e°01) . If the Department exercises this Option within the time aforesaid, the Department shall then have the right to purchase and remove all material necessary for construction of Department projects in the area and for adequate maintenance stockpile. If the Department exercises this Option, the Owner shall be paid a minimum of $25.00. The Department shall have the right of ingress and egress to and from the sub- ject premises and to erect any temporary structures, such as: - screening and crushing plants, and asphalt plants; and to employ any reasonable methods for remov- al of material. After the Department has completed its removal operations, it will "leave the premises in a neat condition. This Agreement is for removal of material for use on Department projects and maintenance only, and removal by any other persons including the Department's contractor or contractors for any purpose other than as herein provided, shall be under a separate agreement with the Owner and only with written approval of the Department. It is understood and agreed that, upon the letting of a contract by the Depart- ment 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 reassign such option to subcontractors working on said projects. If the option is exercised by the contractor or any subcontractor, said contractor or subcontractor shall have a right to extract all material needed for the projects covered by the contract let by the Department, sub- ject to all the terms of the Option. Page 1 5 Please see reverse side for 4 Page 2 • The Owner hereby ants that he has good title t_ _he above described pre- ' . mises; that he has the lawful right to grant this Option, 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 T 9 )1x111 row7'n yrIi` a -r j) 'o Jf OO) er1.4.o v` vdo off bgrz-cli: r A na ,A x* r1trn.-11,1. $39, ripr n-Pri rQ 1-0Q(10) tr,firl ; ui.'1r3 153.11 b p Ad Ror et trh1 2fe ofi_g_zr-rch pen r:dkum cc ditionn ett cellsd, DEPARTMENT OF HIGHWAYS, STATE OF COLORADO Gov0rr: D:j�--y Inter 1�_s ?marl (-(Owner(s) - Insert as appear(s) above)) By: 01-/ By: AAA1��{ By: By:/` acer,, 27 (c ��• Bars _ ALP:e1 Federal Land Bank v Greeley DISTRIBUTION: Original - Design Engineer 1 - Owner or each Owner 1 - Materials Engineer - Denver 2 - Con§truction Engineer - District 1 - Maintenance Engineer for all State Forces Projects * * * * * * * * * * * STATE OF CO ( ) � /� ) SS COUNTY OF (A/.f A, .e l �-t ) _ _ The foregoing instrument was acknowledged before Me this T3 day of (/ 1 , A.D. 19 7) r by c/0 'C' j).--O E5tiv/..5 Z'Ll y. Witness my hand and officia seal. My commission expires 22' (SEAL) Nota Public (Original to be acknowledged an ecorded if, in the opinion of the District Engineer, there is possibility of transfer of the premises or question of title. Refer to D.O.H. Memo No. 418, dated April 7, 1972. ) Please attach plat of pit area. Field Sample No. • Page 2 ADDITIONAL CONDITIONS • 1. The contractor shall contact the land owner before starting work in the pit. . 2. A three strand barbed wire fence shall be placed around the pit, stockpile and haul road. The fence shall he left in place. (For information, it is estimated 1500 linear feet of fence is required.) 3. The engineer will establish the excavation boundaries and grade stakes in the borrow area. h. The top li to 8 inches of topsoil is to be removed and stockpiled. After the borrow material is removed, the stockpiled topsoil is to be replaced as uniformly as possible. 5. The excavation is to he done in such a manner that will leave no unsightly humps or depressions. 6. Any slope left in the borrow area will he left no steeper than 10:1. 7. Seeding, fertilizing and mulching will be required in the borrow area. The following types and rates shall be used: SEEDING PERCJNT PERCENT RATE COMMON NAME BOTANICAL NAME PURITY GERMINATION PLS/ACRE Sand Reed Calamouilfa Longifolia 50 50 6.5 Sand Bluestem Andropogon Hallii 27 70 16.0 Switchgrass Panicum Virgatum 79 80 4.5 Side Oats Grama Bouteloua Curtipendula 50 50 9.0 Blue Grama Bouteloua Gracilis 35 60 2.0 Total rLS/ACRE - Seeding 28.0 • FERTILIZING Fertilizer will be sheep manure. Manure will be hauled from The owners sheep pens and applied at the rate of 18 tons per acre. The haul distance from the sheep pens to the borrow area is approximately 5.3 miles. / I Mulching Material for mulching will he Prairie Hay applied at 1 tons/acre. DOH 4 Form 242-1 3-4-69 Formerly ROW Foley-- THE STATE DEPARTME._ _ OF HIGHWAYS n::: /T iMe morandum of WELD COUNTY II / ner shit PARCEL TRACT SECTION TOWNSHIP RANGE PRIN.ME DIVISION OF HIGHWAYS, STATE OF COLORADO Pt.NW 17 6N 63 W 6th The undersigned HEREBY ASSERTS that the apparent ownership of the hereinafter described premises, of which the above captioned parcel is a part, is as set forth in SCHEDULE I hereof, and that said premises appear to be free from all unreleased liens or encumbrances except as shown in SCHEDULE 2 of this Memorandum, as appears by the Indices and Records of the County of WELD Colorado. SURFACE ONLY - DESCRIPTION - All that part of the NW4 of Section 17, in Township 6 North, of Range 63 West of the 6th P.M. , lying north of the Union Pacific Railroad Company's right-of-way. • } DIVISION OF HIGHWAYS, STATE OF COLORADO D a H Form 242-: SCHEDULE 1: OWNER _ IP 3.4-69 Formerly ROW Fam3 JATURE OF GRANTOR GRANTEE KIND OF DATED RECORDED INTEREST INSTRUMENT DATE OF RECORD BOOK ( PAGE Fred Osborne Gibbs Gordon D. Brown 7-12 _ 719 ! All Mary Gayle Gibbs L. Mayvis Brown WD 7-15-74 16405$ • • - r REMARKS: SCHEDULE2: ENCUMBRANCES JATURE OF DATED RECORDED GIVEN BY IN FAVOR OF LIEN DATE OF RECORD BOOK PAGE at Farm Gordon D. Brown The Federal Land Bank 8-15-75 747 ITt L. Mayvis Brown of Wichita 9-4-75 1668 63 Fin. --- Stmt. L. L. Harsh United Bank of Greeley 6-8-73 U-7 694 Fin. Gordon D. Brown The Federal Land Bank of --- Stmt. L. Mayvis Brown Wichita 9-4-75 U-9 739 Fin. Gordon D. Brown -- Stmt. J. Ben Nix The Greeley National Bank 1-5-77 U-1).0993 .REMARKS: Sold premises are listed for Taxation in the name of (DOES NOT INCLUDE CERTIFICATION OF 1976 TAXES DUE AND PAYABLE IN 1977. ) TAXES for the year 19 are ,TAXES for the year 19 are This Memorandum is mode for and of the instance of THE DIVISION OF HIGHWAYS, STATE OF COLORADO for its sole use in determining the proper parfiesin interest for the acquisition of a port or all of the above described premises, and is NOT to be considered on Opinion of Title. The undersigned assumes no responsibility for the information herein contained beyond the statutory habilify of a Licensed Abstracter under the lows of the Slate of Colorado. EXECUTED of Greeley ,County of Weld ,Colorado, this 12th day of July - ,A D.,/y 77 at 7:45 o'clock A .M. • TRANSAMERICA TITLE INSURANCE COMPANY ZO` I W Q ww _ W - cr 0 - ; N Z o a o z z 8 O , 1. 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LI h !~ h -ri >- O C7- c� 171 ti Q \ p c9 0 ti-•I rd �a 0 >1 E�.-. �> O o cd cn.--IN a) F 3 cn-.IN O ca 0 co u) a �, ; • o'C Q ..._.- f cd F- E F-i cd M. o QI O a - cb ( - 0 I-1 '.- m LW o � o Q0 QS, Cn �� Cb � X) (13 C.') 1:1 0 � � Q.) I-- a) • . Z1 Z €�] O r• -I-I Ca • m H U] C a� a Q) O c 7 H Q) Z) co4:1 - .s~ rCJ cd td �--I - I9-£I-ZI £-E W1Od •MO2i i i _rMOMMIR .l \- r III t ' HI I,I I (II PIA1J1J111(i ',I 111/Il;l •" ., / %^Isi ,i 1 , l'JI Ill( rllltlti ( II•JllrltIIAl rllllti' Y , ')I'. I I"Ih '.I III I I Ct l�1 t I I I N, ( I)I OI l AI I' 1'I)I,I I yt),, �444j GANy t I (M 1M It,31'f0,5 A [11 p �� I)IIt1I,Irlli (JI I'LANNINr, k+ tt II �, 1 4,JI'IinNC (10313.,6'10')0, CXI nU0 ell' 1a? ,i C.",n,^?, COLORADO September 21 , 1977 To Whom IL May Concern : The 1‘nId County Planning Commission wi 1 l revi ('w a requesI, from T�Ppartmant of Highways for Borrow Pit on property described as follows : Pt . NW*, Sec. 17, T6N, R63W It you have any suggestions or objections , will you kindly not t 1 y us in writing before October 11, 1977 . Tentatively , the meeting by the Weld County Planning Commission is scheduled for October 18, 1977 . If you wish Lo attend the meeting , please call the Department of Planning Sel'ViCes ( 356-1000 ext . 104 ) one week prior to the tentative meeting date, and we will be able Lo provide you with more accurate information on the date, time , and place of the meeting. i//i....7---1 You are receiving (t r'Opy of ( honut I f i (',I I l r)n Ilc'r';I Ilt•I' ')'(III I' IUIIUO appears as a surrounding property owner owning proper Ly within 500 feet of the proposed use. ''''1 I 1 I (,C)IJ1,f f `I' (,( li.i\11;r,II l;•ii I;', Gt LIIN r I;ILI I';;S VICTOR J\'P0I'Cc'I Ill)', ''i',(Il N )))q+A r'Al)L5OIJ JIIrJL S1 Llr:r.1AIlK State Department of Highways SUP-341 :77: 15 SURROUNDING PROPERTY OWNERS September 21, 1977 James E. Hess Gill, Colorado 80624 Roy, Virginia, and Elmer Lunvall P.O. Box 632 Greeley, Colorado 80631 EXHIBIT A: LEGAL DESCRIPTION This borrow area is located on Weld County Road 392 approximately 2 miles northeast of Barnesville, Colorado. It lies in the N.W. of Section 17, T.6N., R.63W. I. • r r ;i r EXHIBIT_B: MINING PLAN The area to be mined is a sand hill. The highway alignment cuts through it in a northeasterly direction, resulting in approximately a 15 foot cut on the north. The general plan is to mine from the toe of the existing cut slope in the right of way to the northwest, rising on a 10:1 slope. This not only levels ground for the land owner, which he desires, but it also helps prevent drifting snow in the existing cut during the winter months. (See Exhibit C). The material to be mined is a blowsand type of material that will be used for .construction of a highway embankment. Even though the methods of mining will be left to the contractor, the following are general phases or stages used in an operation similar to this: 1. A fence will be placed around the stockpile area, borrow area and haul roads. At first the fence will protect the livestock from the mining operation. At the completion of the operation the fence will be left to protect the reclaimed area during revegetation. 2. The top 4 to 8 inches of material will be removed and stockpiled for later use in the reclamation plan. 3. The borrow material will be excavated and hauled to the project site. The material will be hauled directly to the highway right of way from the borrow area, then northeast about 32 miles to the project. - - +/ Y • - I 8'. •.. EXHIBIT B: MINING PLAN "CONTINUED" The following is a list of equipment that the contractor could use in this operation: A. Earth Moving Scrapers: The scrapers will be used to remove the top 14 to 8 inches of material and stockpile it. At the completion of the mining operation the scrapers will be used to spread the stockpiled material over the excavated area. B. Bottom Dump Trucks: The trucks are used only for hauling the material to the project site and dumping. C. Crawlers: These are generally used for pushing the scrapers when they load. D. Motor Graders: The graders will be used to build and maintain the haul roads (from the borrow area to the highway right of way). E. There are supporting fuel and service trucks for this equipment. 14. At`the completion of the excavation, any unsightly humps or depressions will be cut and/or filled. 5. The slopes in the borrow area will be left no steeper than 10:1. 6. It is estimated 35 days will be required for the mining operation. It should be noted the contractor is allowed some flexibility as to time, methods, and the sequence of his operations. N. .,r ° w t 41- 1p1l''�. }, ° . N b '7 , •,} i,1„, ,,,,,,,.7 / :,�``'?`t.1 .1 ,:,:`t f,,,,4-,:,,-,,,, rT gf_, '0x1.- 17,..1,3 '..f.:,.." r. , , la ,I ,Cr •7, .''- YIC. K h�l.rSxr �et;,.��t !. } El (WELD COUNTY SHEET I) F t+ 1 Y",'1:7 � i- 104°50' (WEL M R 64 WATCH LINE 'c•' _ _ � R63W +P °a a •• 2• r • • • T a ■ "" .. ./t.� GAL ETON • .6 r/ 5 • ▪ 4 6 2• 1 6 5 (, '. ay • + /udIVISH 4 1►^v I 2 I \8 5 o y• ■ 7. • 6 •B C: 9 ; 10 a� I! 1 �lo6er• 7 NOZ 6 ii, l0 II 12 I 7 6 40°30 IJ,.a ° MO•0• v_�, 1 •: I'— Hese.ro/r I -ass-___ _ T +�-s- I6Y.Ea• ° ��• • �•� ••1 •• ' /4/A , 1L Rocks ax y _ ° ° 1 ' ' �C 6B II ° � , f �l' �Po/nJ a ° f7 1 16 S II 1 13 Y>-` L■ 17 ,r 16 II O{ I , C IB IS 11 I3 • Y T 6N _ L9z 2 Fes �c 3 s 139z �� ''.a �S�ILL 11 r0 W/,D50R I a 1 aNAT-NEW5 1 li -_�« `� -'�`�II I 1� •IO 20 6,26100 ' 37 22 (o C\�rG ( r.; •---� 71 oa 1 Al .. 0 It ll !� ._ II II 9. o — ". _ � �,. EXHIBIT C: INDEX MAP \ JJJ —. ___ • i� •i • a0 \GILL-rt •° a � ( •. j ° _ - —_—_— , Y x• •UN[ON -IRORI£sr[£/3ij —a• I --_w I 23 30 29 OPERATOR: STATE DEPARTMENT OF rn' T▪ALOLN ° 1 1 ° ,I(ra 1 I la ▪ .1"' 11 HIGHWAYS M_ __ • Ire _ _- I l�! .. -�-� • �3 i DIVISION OF HIGHWAYS ---z a,°o' ' - +5;-�,�{ ' 0 35 I 36 31 32 STATE OF COLORADO 3 a •: • ° < V • a 1 I. I I nl Roscoe[oho a■ • 1■ • • •a • as _ C 12-Ed ® ---;.s E �+ OWNER: GORDON D. BROWN -----....4.,_, rD GR££LfYI ._ 8 *>,� _ 1 • � •a •:tt - I 6 5 LETA M. BROWN 37 1 ) --- ° . N` -�� SECTION: 17 aral�� t. --.�� = -1�' .,.<3 •+ o7,-' ' TOWNSHIP: 6N. , ! 37 •� a l I 3 •, 17 1 Ifi — ! •° 19 17 ' �;��• .I 'j RANGE: 63W. eRCE[Er I 1•_ I 87.,°.rUs85 i I8•' FOP . 16 1 39 T 5N of hER$EY; f • ;/ I i ,76 _ .__ r COUNTY: WELD •j 7 G • jDI 1 —•--..I—.-��v��l arc ® f 1 l ai 19` - /` ��2,` 2i -- pry' : ` `_; _ DATE: JULY 13, 1977 • o• I - x v. ° - - 1---_' o. _ --- I30 1• 29 28 I • -_ •/'-- . YUNEP°j,o � _ • • • i La/ho, ; • Sn. / 1° • 29 281: • r_ I .°. I° “z,,°\.• PIT LOCATION 31 r . 33 • 34 ; 33 36 ° 1 32 _ � )• -u J • / • l •�Y]- •,)I . • 36 31 32 3� 11 • --- !-- Q .t:o-- • --- ' First °�-- �I'o o Jig 1`- ■. - cm 'ARDIN . ��.��.� Correctionj ) \ JI 11 ` a•1 •° +fief,e1±): -7,7, _ f ` „N m �. 6 mmu 5 " i�3 °1 •G a ' 1 1■ 6 I I 5 4 1 0' 6 5 4 -•I� ° I -c- Q._ 111 is ,,,m /,, W I •i • 1 / ■® n T % ) 8 9 10 WI. II ' ° 12•na 7 B 9 10 ll II \12 7 -8 - — —.• .9 1 9 I.-.....Q;O•-- ----- Ii - -/ 34 `�- CAN70Y ---f IB • • G\F 15 1 14 13 •,-,•- .IL 17 1 Ifi / IS / 19 i,- .1', ��\_- _. �. T 4 N •�• I j - I19 ''• 20 I 21 IN22 a : } a 24 19 20 21 22 23 24 19 I 20 21 ■ n l Qp • • a l • (•o 1- 30 \ 29 • 2B )Z___7:1"2 ■ 26 26 30 29 28 27 26 25 30 29 29 1l{/ a I- k -- ---o-I-- =. /gar J - --- - - - -- ,•Z I 31 32 I 33 ,)----N- 34 • 35 36 31 32 33 34 35 36 31 32 331' O ▪ —J I : I 6 6' I 4 ; S jx. 2 I 6 5 4 3 2 1 6 S 4} 1 I T . 1•,86 9 :-- 112H 0•■ ll - -• ro 17 Ifi 14 13 17 16 15 14 13 18 17 IB a T 3N. ■ L O I J I 9 20 21 22 23 24 19 20 21 22 23 24 19 20 21 • W ---- — ----— -— . 1 I30 ( 26 29 27 26 26 30 29 213 21 26 25 30 29 •1 26 • 3z 33 34 36 36 31 39 53 34 - 36 36 31 % • 33 s • 1/ : 1 J + �:J ral rah ............, -./7;4r., 1 - J"_ . EXHIBIT D: WILDLIFE, WATER RESOURCES VEGETATION AND SOILS INFURMATIUN, WILDLIFE Several field trips have been made to the proposed borrow site. No wildlife was encountered. See attached letter from the Division of Wildlife. [_INTER RESOURCES This operation is not expected to affect surface or ground water systems. Therefore, there will be no water diversion or impoundment. The area will drain to the southeast, the natural drainage direction, VEGETATION The present use of the proposed borrow area is range pasture. The present cover, measuring above ground living plant parts, is sparse (cover of 25 to 50%). Attached is a vegetation inventory prepared by the Soil Conservation Service of Greeley, Colorado. SOILS Parts of the following were taken from the Soil Conservation Service narratives and maps of the area. The area of the proposed borrow site contains valent soils. They are deep, excessively well drained on gentle rolling plains formed in Eolian times. EXHIBIT D: WILDLIFE, WATER RESOURCES, VEGETATION AND SOILS INFORMATION "CONTINUED" Included are some soils with lime above 40 inches. Also included are some soils with sandstone between )40 and 60 inches. Typically the surface layer is brown sand about 6 inches thick. The underlying material, to a depth of 60 inches, is a brown sand. Permeability is rapid. Available water capacity is moderate. Effective rooting depth is 60 inches or more. Surface runoff is slow and erosion hazard is low. The potential vegetation on this soil is dominated by sand bluestem, sand reedgrass, switchgrass, sideoats grama, needle and thread, little bluestem and blue grama. Potential production ranges from 2500 pounds per acre in favorable years to 1800 pounds per acre in unfavorable years. When range condition deteriorates, sand bluestem, switchgrass, sand reedgrass, sideoats grama and little bluestem decrease and production drops. Sand sage increases, undesirable weeds and annual plants invade and "blowout" conditions can occur as range condition becomes poorer. Management of vegetation on this soil should be based on taking half and leaving half of the total annual production. Seeding is advisable if range is in poor condition. Sand bluestem, sand reedgrass, Indiangrass, switchgrass, sideoats grams, little bluestem and blue grama are suitable for seeding. EXHIBIT D: WILDLIFE, WATER RESOURCES, VEGETATION AND SOILS INFORMATION "CONTINUED" Wildlife is an important secondary use for this soil. Rangeland wildlife, exemplified by the pronghorn antelope, can be assisted and encouraged by development of livestock watering facilities, uroper livestock grazing management and range reseeding where needed. This valent soil has a fair potential for urban development. The primary limiting soil features are the rapid permeability and susceptibility to wind erosion. Septic tank absorption fields will function properly, houever, the proper filtering effect may not be achieved by the sandy substratum. Sewage lagoons would require sealing. Lawns, shrubs and trees, for beautification, when once established will do well. -- _„/-s„ ,j TALE I ..• ;�,�:: .r. Range Site - Deep Sand , 6 rfy The following species were observed on the prospective pit site on July 20, 1977. COMMON NAME SCIENTIFIC NAME ESTIMATED PERCENT PERCENT IN COMPOSITION POTENTIAL PLANT BY WEIGHT COMMUNITY Needle-and-thread Stipa comata 5 5 Red three awn Aristida longiseta 5 T Western wheat Agropyron smithii 3 Sand dropseed Sporobolus cryptandrus 15 T Blue grama Bouteloua gracilis 1 1 Buffalo grass Buchloe dactyloides T Yucca Yucca glauca 1 T Russian thistle Salsola kali tenuiflora 30 T Kochia Kochia scoparia 15 Lambs quarters Chenopodium album 2 Wavy Leaf thistle Cirsisum undulatum 1 . Prickly pear cactus Opuntia spp. 1 Stick leaf Mentzelia nuda stricta 8 Golden aster Chrysopsis villosa T T Groundcherry Physalis heterophylla T Lemon scurfpea Psoralea cuspidata T T . Buckwheat Polygonum convolvulus 1 T Beard tongue Penstemon T Nuttall evolvulus Evolvulus nuttallianus T T Sand sagebrush Artemisia filifolia 6 Spiny golden weed Haplopappus T Pepper weed Lepidium virginieum T F F t`..., TABLE I • . Range Site - Deep Sand • (CONTD.) COMMON NAME SCIENTIFIC NAME ESTIMATED PERCENT PERCENT IN POTENTI COMPOSITION BY WEIGHT PLANT COMMUNITY Western ragweed Ambrosia psilostackya 1 Praire sunflower Helianthus petiolaris 1 • Red root pigweed Amaranthus retroflexus 1 Common sunflower Helianthus annus 1 Prickly poppy Argemone intermedia T TOTAL 100% 6% + Percent composition by weight of principal species: The principal native vegetation that should be on this site is sand bluestem, 15%, prairie sandreed, 25%, Needle-and-thread, 15%, Blue grama, 10%, Sand sagebrush, 10%, Yucca, 3%, and trace amounts of other forbs and grasses. Trees are absent from this site. The optimum ground cover is about 40%. The optimum growing season of native plants on this site is about 170 days during spring and summer, April 20th to October 10th, with an average annual precipita- tion of 13 to 17 inches. Dick Antonio Range Conservationist 1 • Divisional Correspondence Only STATE OF COLORADO DIVISION OF WILDLIFE DEPARTMENT OF NATURAL RESOURCES DATE: July 21 , 1977 TO: Rex Taliaferro FROM: Don Bogart 4 July 21 , 1977, I inspected a borrow pit for the Colorado Department of Highways northeast of Barnesville. It is located in the NW4, S 17, T 6 N, R 63 W, in Weld County, and will consist of eight or nine acres. The area is typical of an eastern Colorado blow hump. It is a ridge through which the highway has had to make a cut for the roadbed and one which will normally fill with a snow drift during a snow storm. The Colorado Division of Highways plans to cut the ridge on the north side of the road down to road level and then slope it back away from the roadway on a 10:1 slope. The material to be removed will be used as fill on the roadbed. Reclamation will consist of grading, fertilizing and reseeding to SCS specif- ications. Presently, the area is in dryland pasture of rather poor quality, consisting mostly of weed type plants. Wildlife values are very low in an area of this type, so the impact will not present any problems. There are no known threatened or endangered species in the area. DB:cp cc: Colorado Department of Highways ATTN: Ken Wood P.O. Box 850 Greeley, Colorado OW-A-F-S EXHIBIT E: RECLAMATION PLAN The objective of the reclamation plan is to reclaim the area to its premining use, range pasture. The objective was discussed with and af;rr'ed upon by the land owner, the Soil Conservation Service and +he Division of Highways. The follo' inr general outline of the reclamation process is based on the conditions of the onticn (Exhibit ail and past pe=rformances of highway contractors mining a F-t nilar t-,rna of borrow area. Tt should again be emphasized that latitude is given as to time, methods, and sequence of the operation. 1. The previously stockpiled material will be spread as uniformly as possible la to R inches thick over the borrow area. 2. The pit is brought to desired grade and prepared for seeding, mulching and fertilizing by discing the affected area, except where seeding follows so closely behind grading or topsoil replacement as to make seed bed preparation unnecessary. This will be determined by the Project Engineer at the time seeding occurs. 3. Fertilizer will be sheep manure. The manure will he spread as uniformly as possible using a mechanically drawn manure spreader. Once again, other approved methods that would result in uniform coverage may be used. See Item 6 for application rate. 1 . Seeding is performed at the specified rate, see Item 6, EXHIBIT E: RECLAMATION PLAN "CONTINUED" using a mechanical power drawn drill or other approved method. 5. After fertilizing and seeding is completed, the area will he mulched with prairie hay and crimped with a crimper. 6. The following tunes and rater of seeding, fortiii2,ing and mulching shall be used: SET:DI 11r7 ?EY;;EtJT PERCEL'IT RATE COMMON NAME BOTANICAL NAME PURITY GERMINATION PLS/ACRF Sand Reed Calamouilfa Longifolia 50 50 6.5 Sand Bluestem Andropogon Hallii 27 70 16.0 Switchgrass Panic;um Virgatum 79 80 )4.5 Side Oats Grama Bouteloua Curtipendula rrl 50 9.0 Blue Grama Bouteloaa Cracilis 35 60 2.0 Total PLS/ACRE - Seeding 28.0 FaTILIZING Fertilizer will be sheep manure. Manure wi?1 be hauled from the owners sheep pens and applied at the rate of 18 tons per acre. MULCHING Material for mulching will be prairie hay applied at 12 tons/acre. 7. The last section of fence shall be placed around the borrow area and will remain in place during the initial growing seasons. r EXHIBIT E: RECLAMATION PLAN "CONTINIJFD" It is estimated the above reclamation will take approximately 10 days. ti EXHIBIT G: SOURCE OF LEGAL RIGHT TO ENTER The legal right to enter is the attached "Option to Buy ~ = Materials" dated July 6, 1977. I i ik .. DOH. Form No. 788 Project No. RS 0 jy-e . 5 December 1972 (Prev. O.F. No. 10) Location: N,E. of BavneRvi11e OPTION TO BUY MATERIAL THIS AGREEMENT, Made and entered into this 6th day of shi1,4 • 19 ?7 , by and between Gordon DcL,ar old Lta M„-is Bra-al end th.3 Fedora]. Land B (Gxeeisy) of Wall County Coicrad© , hereinafter re- ferred to as the Owner, and the DEPARTMENT OF HIGHWAYS, STATE OF COLORADO, here- ' inafter referred to as the DEPARTMENT. (The term "DEPARTMENT" shall be construed to include Department employees, agents and contractors. ) WITNESSETH THAT: WHEREAS, the Department desires to obtain construction materials of satis- factory quality and quantity for use in construction, improvement and maintenance of its highways, which material is available from land owned by the "Owner" and described as follows, to-wit: A raj - of thn Np1141., 8<„?.etton 17, T.04,1 R„63W. (See sketch on back) NOW, THEREFORE, IT IS AGREED BY THE PARTIES: The Owner, for the consideration of One Dollar, receipt of which is hereby acknowledged, hereby grants to the Department the exclusive right and option from the date of this Agreement until the 1147t day of !Mk-sr , 19 79 , at 12:00 Noon, to purchase and remove from the subject premises. (a) Bor'oT at s Cents ( ......,C) per (ton) (cu.yd. ) (b) =--........ at Cents ( m_c) per (tote) (cu.yd. ) /Ng a lump sum of $_ _• If the Department exercises this Option within the time aforesaid, the Department shall then have the right to purchase and remove all material necessary for construction of Department projects in the area and for adequate maintenance stockpile. If the Department exercises this Option, the Owner shall -be paid a minimum of $25.00. The Department shall have the right of ingress and egress to and from the sub- ject premises and to erect any temporary structures, such as: - screening and crushing plants, and asphalt plants; and to employ any reasonable methods for remov- al of material. After the Department has completed its removal operations, it will leave the premises in a neat condition. This Agreement is for removal of material for use on Department projects and maintenance only, and removal by any other persons including the Department's contractor or contractors for any purpose other than as herein provided, shall be under a separate agreement with the Owner and only with written approval of the Department. , It is understood and agreed that, upon the letting of a contract by the Depart- ment 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 reassign such option to subcontractors working on said projects. If the option is exercised by the contractor or any e subcontractor, said contractor or subcontractor shall have a right to extract all material needed for the projects covered by the contract let by the Department, sub- i ject to all the terms of the Option. t Page 1 I Please see reverse side for -(' 4 ' - Page 2 The Owner hereby warrants that he has good title to the above described pre- mises; that he has the lawful right to grant this Option, 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 T f Jr-11 r7 Covcrp riv,^�-?ty p- ant, $o ' Q1rm4:4.₹T---_ tin to 70,003 orlal.o NTe" =dg of bO OT-7 b"'1 rllnL AY-T_.�121410, l_r. P:m522 O rr bl c ycx 3 1131-1 ha Lpl1d fox- Pt t1ls- x^sf yrrd, $ec rac1 t r tal ccnoitlona DEPARTMENT OF HIGHWAYS, STATE OF COLORADO Gcvd n DcT:.y & In, n 11,--;Tats Ri e ((Owner(s) - Insert as appear(s) above)) By: �.��, �� -- L t _ BY: 40-1--1,V0-1--t - ke_kAg-1 By: By:xZr` 3 pp a ALP:el e 1 Fcdoral Land Bank o Grreol`=Y DISTRIBUTION: Original - Design Engineer 1 - Owner or each Owner 1 - Materials Engineer - Denver 2 - Con§truction Engineer - District 1 - Maintenance Engineer for all State Forces Projects * * * * * * * * * * * STATE OF CO L ) ) SS COUNTY OF (k'..e l t { ) The foregoing instrument was acknowledged before me this T day of , A.D. 197) , by !201- 4/0/-7_A- 0 1A,' C )--e A //la //ACS 21J r� Witness my hand and officia seal. My commission expires _ 3 - (SEAL) Nota Public (Original to be acknowledged an ecorded if, in the opinion of the District Engineer, there is possibility of transfer of the premises or question of title. Refer to D.O.H. Memo No. 418, dated April 7, 1972. ) Please attach plat of pit area. Field Sample No. • • Page 2 'I I I, (1 Il rl i! t I I( I; (' (l I+ II •- n!)l I I t c;n u t. : Colorado Division of Highwayfsf III,, ; 2:00 PM 1J.1 LC, — - I' - -- , Ili, , i P 77-'Q October 26, 1977 I ( SPECIAL USE PERMIT, Open Cut Dine Permit • f;ll, li; !1DidtESS ' , 6,/e-- NOTICE —Pursuant to the zoning laws of the State of Color.do and the Weld County Land Use Code,a public hearing will be I held in the Chambers of the Board of County Commissioners of Weld Coun- _ ty, 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 77-30 --— Colorado Division of Highways Brown Borrow Pit 4340 E Louisiana Avenue Denver, Colorado 80222 Date October 26, 1977 Time 200PM Request Special Use Permit, Open Cut Mine Permit LEGAL DESCRIPTION Beginning at a poin. on the North Right-of-Way Line of County Road 392 — in Section 17 Township 6 North,Range 63 West of the 6th Principal Meridian from which the Southwest Corner of Section 17 bears South 34°32' West a distance of 3998 02 feet thence North • 6°32'East a distance of 390 feet,thence North 83°28' West a distance of 850 feet thence South 6°32 West a distance of 470 feet, thence South 83°28' East a distance of 850 feet, thence North 6°32'East a distance of 80 feet more or less to point of beginning The above parcel contains 9 2 acres more or less THE BOARD OF COUNTY COMMIS- SIONERS WELD COUNTY COLORADO • WELD COUNTY COLORADO BY MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY Rita Jo K immer Deputy • DATED September 19 1977 Published Sept 21 and Oct 12, 1977 Published in The Greeley Journal Copy of resolution granting SUP 30,0 (pllo.os postage) SENT TO POSTMARK OR DATE Colo. Dept. of Hwys �I STREET AND NO. 00 _P.__0._Box-85_Q--- P 0, STATE AND ZIP CODE Greeley, Colo. 80631 11/1/77 - --- - -- -- C?TIONAL SERVICLS kOP ADDITIONAL FEES ' RETURN U. Rocs to warm cad Onto delivered ....... 150 LC With delivery to addrocsco only . 65¢ RECEIPT 2. Sl:aws to C1%C—I,Ccto end t hero de!lvcrcd•. 35y+ SERVICES I With delivery to addressee only.... .... D5¢ o _DELIVER TO ADDRESSEE ONLY 50d �Oj SPECIAL DELIVEIW (otttra fco rocuircd) F . (Soo othor cido) ' I"' -- • -? P.'1" a G_o•1974 0-551-454 C V E' V V" I. �„ ID N O tr\ to O ' a C Z bC O1 "a ,J Ya Y „ • c ° to .C\`_ '`_ �F• , o c 4 •yon y g s, o i� o v a z o o.4 6' - o " et m v-o o -o . a; r 'o ¢ v pG u ,, v ,.. '� ro .O❑ in "" "o D V D '9 o • pi a D .C ` ° iii -2..F., , v >4 v >4 a' Ul l0 z o �. v in '1 O u ^o m P�i't7 P4-0 C �y O ° (Nit .d F a Cv WtuWC co _w o0 0 �, a a. 4S �� C x 4 co 41 y ,�- W '1 '-1 E i- c) w I` m E� C C ti. W W a c ° 4 I • z cc pC D o cc N e. .V. ro -. a ,9 aro 2 y o c. cot o G U a tti•p �Ut-K • w l` q›.'°, •. .C. .0 ,�O .0 •5, w •4••) U C .'C+¢ �- a W �I s FS \' Om Ea � a auua � o RAC ye ab❑ `mow o a _° a a � a � a 3 w Q � 0ww a Qw k • .,- (uu)r H {rl O 0 0 .. W.r 0 J r-I J K it 4.)a.' �\-, wi. M J F�++�❑❑ ❑ ycc m (14 To > a ° ° z p°4 ,,, a UWLaw c� a • ri w t`i ri cc H Vl a tri to PS Form 3811,Nov.1976 RETURN RECEIPT, REGISTERED, INSURED AND CERTIFIED MAIL i 13 Pr i State Department of Highways SUP-341 : 77 : 15 as • SENDER Complete Ite m m; 1,2,and i. l SURROUNDING PROPERTY OWNERS m Add your address the "RETURN To" space on reverse. September 21, 1977 1. The following service is requested (check one). 1 ® Show to whom and date delivered 250 z 0 O Show to whom,date,&address of delivery 450 :° ❑ RESTRICTED DELIVERY. cn 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 James E. Hess Gill, Colorado 8O624 2. ARTICLE ADDRESSED TO: a q JAMES E. HESS Roy, Virginia, and Elmer Lunvall i GILL, CO 80624 P.O. Box 632 A Greeley, Colorado 80631 m 3. ARTICLE DESCRIPTION: REGISTERED NO. CERTIFIED NO. I INSURED NO. RECEPU FOR C IER'nF10ED Cu'JQ0L—A, Q�19us ostaE 0 I376108 POMP= 1 (Always obtain signature of addressee or agent) 1 SENT TO OR DATE rn I have received the article described above. 4 COLORADO DIVISION OF HWYS GI SIGNATURE 0 Addressee Q Authorized agent 4 sTiaROWNNIBORROW PIT 6-1 4340 E. LOUISIANA AVE tin '` aA P.O., STATE AND ZIP CODE m DATE or DELIVERY POSTMARK Ii- - DENVER CO 80222 10/13/' ° / ) _ C7 TONAL SERVICES GQi1 AB RI 3ITICNAL ES > /, 1. mom to cm end-Lb Co°;ircred .. ..... .50 a 5. ADDRESS (Complete only if requested) ;� RETURN nWith delivery to addressco only..........650 RECE[?T 2. Sternto tr%:-,C-10 c.:-.1t,Z:cro Coliccrel . 35d m fr SERVICES With delivery to addressee only.. .. ....R6¢ i -- - 5Dd o DELIVER TO ADDRESSEE ONLY �i ® SPECIAL DELIVERY (crrtra fco roquircd) ••••• • • •••• • G UNABLE TO DELIVER BECAUSE: CLERK'S MPS Porn CAD INSURANCE COVERAGE PROVIDED— (Soo o?Poor a x INITIALS INSURANCE 31 d>D NOT FOR INTERNATIONAL MK trGPo 1974 0- c__ Apr. 1971 r DOC 77 30 * GOP 1976-0-203-456 REOD0PT FOR ( IERTITEIED R 10d tk ( laos p@sr, ;o) ' SENT TO FOSTVARIt Oa®ATE ROY, VIRGINIA, & ELMER LUNVALL STREET AND NO. &'''', P.O. Box 632 .t.:,=4. P.O., STATE AND ZIP CODE GREELEY CO 8Q631- 10/13/77 ‹,.C O?VOQ NaL SEl1VOCGS GDR RDDITIO[)At. NES 1. Scene to Gi±mc:1C Ono CcIi crci IlSc RETURNWith delivery to addressee only. . ... 66¢ HECIs1PT 2. EUc:,s to ri%c^1,C_10 c^1 r^cro Callscrel . 350SCCIVICE: With delivery to addressee only NO o DELIVER TO ADDRESSEE ONLY ....... 6Dd - SPECIAL DELIVERY (ortra fco roe;uirce) • •• PS Porn 300 NO INSURANCE CCUERAGE PROVIDED— (Soo c hor sido) Apr. 1971 UN vo] [;:Vu..:;iyea AL ma tr GPO 1074 0-ssI-464 4.t 7','CEDp7 FOR CERTIFIED C�'JQ� —30cs CrL_R) (.:, "-a(;o) SENT TO POST IMAR DAME' E. HESS °a DATE STREET AND f:0. - C r i I P,O., STATE AND ZIP CODE GILL, CO 80624 10/13/77 1.C — — — cptimaL SERVICES ['G:1 AC'JIVIO"IAE NES _— RCTiJnt] 9. SLcc;� c to ei -I: ] L t0 GGIe4Grc1 1S I Win deliver,to cddressco only G5( I 1i CEI?T 2. S`.cs to a`--^ ffio r,i e, ro Cc[IucreJ . 35@ SERVICES With deliver/to vddressce only. D3,^. DELIVER TO ADDRESSEE ONLY _ .r.°d ® ' SPECIAL DELI"CRY (=Ira(cc eccnu rce; PS I'or, f^n nM )nrirR rii;iiff�_r I Gdly1,.. tDEm— IA ti ',t; [i41T.':Iolt;::.;1 i:r_L , r C° • SENDER Complete items 1,2,and i y • SENDER Complete items I.2,and i - Add your address in the "RETURN TO" space on reverse. p o Add your address in the "RETURN TO" space on 3 reverse. Ca' 1. The following service is requested (check one). to 1. The following service is requested (check one). z O Show to whom,date,&address of delivery 450 o Show to whom,date,&address of delivery 450 :° O RESTRICTED DELIVERY. t° RESTRICTED DELIVERY. °' Show to whom and date delivered 850 Show to whom and date delivered 850 O RESTRICTED DELIVERY. RESTRICTED DELIVERY. Show to whom,date,and address of delivery ..$1.05 Show to whom,date,and address of delivery(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 z 2. ARTICLE ADDRESSED TO: c COLORADO DIVISION OF HwYS c ROY, VIRGINIA, & EL1R LUNVALL 4340 r. LOUISIANA AVE z P.O. BOX 632 A DENVFR, CO 80222 m GREELEY, CO 80631 m 3. ARTICLE DESCRIPTION: m3. ARTICLE DESCRIPTION: REGISTERED NO. CERTIFIED NO. 4 REGISTERED NO. CERTIFIED NO. INSURED NO. 0376109 I INSURED NO. m1376107 I y (Always obtain sign of addressee or O agent) in (Always obtain signature of addressee or agent) Cm I have received the article described above. m I have received the article described above. SIGNATURE D Addressee C SIGNATURE ❑ Authorized agent /0 Addressee 0 Authorized agent in z I N xi DATE OF DELIVERY 3 M� 4' _ in DATE OF DELIVERY l ((OSTMARKV* \ 'Ir POSTM m / tp Z r 3 p 5. ADDRESS (Complete only d requestei¢ ,,t ` ° 5. ADDRESS (Complete on)y it requested)) I 1 ��/ .`! l ?t '/CT4'St', / -+ m 6. UNABLE TO DELIVER BECAUSE: T1 O 6. UNABLE TO DELIVER BECAUSE: CLERK'S O INITIALS INITIALS > Doc 77-30 / p F „- DOC 77-30 1: GOP 19'6--0203 456 GOP •3'6 0-203-456 asi Hello