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(_,HLLLLY, COLORADO 80630
COLORADO
STATE OF COLORADO)
COUNTY OF WELD )
I, Mary Ann Feuerstein, County Clerk and Ex-officio Clerk of
the Board of County Commissioners in and for the County of Weld,
State of Colorado, do hereby certify that the following proceedings
were held at the Weld County Centennial Center, 915 - 10th Street,
Greeley, Colorado 80631, on October 16, 1978 at approximately
9:20 a. m. , and were later transcribed from the tape recording of
that meeting, tape /k78-127.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
seal of said County, at Greeley, Colorado, this 20th day of
October, 1978.
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i
r _
COUNTY CLERK
DE UTY COUNTY CLE
7)10447
EXCERPT FROM REGULAR MEETING
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
OCTOBER 16, 1978
TAPE #78-127
CHAIRMAN DUNBAR: Got a letter from A. M. Dominez, Jr. in regards to Best-Way
Paving Special Use Permit.
LADY IN AUDIENCE: Sir, could we just have that letter read aloud into the
record.
CHAIRMAN DUNBAR: I have no problem.
COMMISSIONER STEINMARK: Want to read it?
CHAIRMAN DUNBAR: Yea
LADY IN AUDIENCE: We'd like to have it on the record.
COMMISSIONER STEINMARK: You're, you're, the one who has the letter.
CHAIRMAN DUNBAR: Yea
COMMISSIONER JACOBUCCI: Do you have the letter with you, Ed?
CHAIRMAN DUNBAR: I have the letter from Mr. Dominez.
COMMISSIONER JACOBUCCI: Dominguez, Dominguez,
LADY IN AUDIENCE: Dominguez
COMMISSIONER JACOBUCCI: Dominguez
CHAIRMAN DUNBAR: Dominguez, excuse me.
COMMISSIONER JACOBUCCI: Mr. Dominguez
CHAIRMAN DUNBAR: Dominguez
COMMISSIONER JACOBUCCI: Start reading I guess.
CHAIRMAN DUNBAR: In regard to Best-Way Paving Company, et al. Special Use
Permit. Dear Commissioners: I represent H.O.P.E. , incorporated, an association of
homemaker, er, homeowners adjacent to the property which is being mined by Best-Way
Paving Company and on which a Special Use Permit was issued by you on June 7, 78.
This letter is in the form of a complaint and we hereby set forth that Best-Way Paving
Company is not complying with the Special Use Permit and request that the Board of
County Commissioners shall investigate as per the Weld County Official Zoning
Resolution 6.1, page 48, for the purpose of requiring complete compliance with said
Special Use Permit or cancellation of said permit. It is hereby set forth that Best-
Way Paving Company is in violation of the Special Use Permit and of the development
standards which were made part of that Special Use Permit on the following particulars:
1. Best-Way Paving Company has been operating before daylight hours in violation of
Operations Standard No. 2, all sand and gravel operations shall be conducted
during the hours of daylight. 2. Refuse and garbage is not being disposed of in a
sanitary manner, manner. 3. No five foot steps have been made. Number 5.
COMMISSIONER STEINMARK: No, no five, there is suppose to be a terrace of five
foot steps.
CHAIRMAN DUNBAR: No five foot steps have been made where overburden cuts do
not naturally assume a 2:1 slope in violation of the mining plan submitted by
Best-Way Paving Company, in particular, page 29. Places where overburden cuts will
not naturally assume a 2:1 slope they will be benched back from the top of the gravel
in five foot steps to insure that a person, then a person, 4. There is presently
ponding of water at the mining site in violation of the mining plan as submitted
by Best-Way Paving Company, in particular, page 30. There will be no ponding of water
at the site until phase III. 5. To the best of our knowledge and belief loaders
and scrapers have not been muffled and are being operated in Areas 1 and 14 in violation
of Operations Standard No. 14. All loaders and scrapers shall be muffled when areas 1, 2,
and 3, and 9 through 14 are mined. 6. To the best of our knowledge and belief a water spray
bar has not been installed on the existing rock crusher for dust control, in violation of
Operations Standard No. 15. A water spray bar shall be installed on the existing rock
crusher for dust control. The alleged violations listed above, number, numbers 3 and 4,
are violations of the mining plan which was presented to the Board of County Commissioners
and where representations were made to the County Commissioners of operating standards.
These representations were part of the basis for the decision to grant the change in zone
and to grant the Special Use Permit. My clients request that the Board of County
Commissioners invoke the provisions of Section 4, 6.1(3) Open Mining, page 60, 48, of the
Official Weld County Zoning Resolution and determine whether the alleged violations exist
and if so to take the necessary steps to correct the violations or cancel or revoke
and revoke the Special Use Permit issued to Best-Way Paving Company in this matter. As
interested parties, parties in this matter, my clients request that they be kept informed of
the steps, steps being taken in regard to this complaint and also to receive notification to
my office of any hearings which may be held for the purpose of acting on this complaint.
Very truly yours, A.M. Dominguez, Jr. Attorney at Law.
COMMISSIONER CARLSON: I have to ask a question of our County Attorney. This Special
Use Permit does not relate to the past history or where he is operating now. He is not
gotten a State permit on the portion that was under this Special Use Permit, has he?
MR. DAVID: Well, I gather what their talking about in the original statement is the
old operation, and ah
COMMISSIONER CARLSON: There is what I'm asking .He has not started on that
portion that was under the jurisdiction of the Special Use Permit?
MR. DAVID: I don't think so, it is my understanding.
COMMISSIONER CARLSON: He not operating because he doesn't have a state permit
yet.
MR. DAVID: I'm not aware if he, in fact I don't believe any physical changes
were to be made in the area of the Special Use Permit, so I'm a little confused
as to whether or not their complaining that they are actually mining in the new area
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where the Special Use Permit was granted.
LADY IN AUDIENCE: Excuse me, I can clear that up for you. When you voted
the Special Use Permit in, you voted all of these regulations on all 75 acres.
COMMISSIONER CARLSON: I'm, I beg to. That's the question I'm asking:
LADY IN AUDIENCE: But the 75 acres, are part of the 75 acres are the is
the present operation.
COMMISSIONER CARLSON: The Special Use Permit, the Special Use Permit was on
46 acres only.
LADY IN AUDIENCE: I'm don't believe that'spossible.
CHAIRMAN DUNBAR: You have a legal opinion on that?
MR. DAVID: I, I'd have to read the record. ah, I don't know, this is
the first I've seen the letter, heard of the letter.
COMMISSIONER STEINMARK: I did when we received the letter asked the planning
staff to send out their zoning investigator to assess whether or not these matters
were happening on the area covered by the Special Use Permit. I have not gotten
a report back from the planning staff at the present time, so I don't know what
they've found out.
COMMISSIONER CARLSON: I would suggest we turn this matter over to the County
Attorney for his determination on whether this involves the 75 acres or just the
46 acres that was under the Special Use Permit.
CHAIRMAN DUNBAR: I think this is the issue. Whether still whether had
additional land by which they could operate under the existing.
COMMISSIONER CARLSON: Old
CHAIRMAN DUNBAR: Old existing permit. I guess there wasn't any permit,
they could just. They were allowed, mining was allowed in the agricultural zoning,
wasn' t it?
MR. DAVID: Yes, I think it was a non-conforming use where mining was permitted.
CHAIRMAN DUNBAR: I think this is the issue. I thought we were granting. I
thought it was 43 acres. But I-I-I don' t know, I have to.
MR. DAVID: Yes
LADY IN AUDIENCE: We understood he never had the Special Use Permit i.n his current
operation because he was covered by the grandfather clause.
MR. DAVID: Well that , that was my understanding, too
LADY IN AUDIENCE: Therefore, when you granted the Special Use Permit
you granted it for entire operation. The present operation and the land he
wanted to extend onto. This is how we understood it. You granted the Special
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Use Permit you granted the 75 acres because he d esn't have a
permit on it.
He never had it before because he was covered and r the grandfather clause.
CHAIRMAN DUNBAR: Would you give me your nam , so that, for the record.
LADY IN AUDIENCE: Donna Jackson
CHAIRMAN DUNBAR: Pardon
LADY IN AUDIENCE: Donna Jackson
COMMISSIONER CARLSON: Donna Jackson
CHAIRMAN DUNBAR: I think this is the issue M s. Jackson. I think have to
find out whether and I don't recall, I thought we ere granting the permit on
the new area. Now thats what I thought we were do ng.
DONNA JACKSON: OK, We'll check on it. Thank you.
CHAIRMAN DUNBAR: Yea, we'll follow up on it.
DONNA JACKSON: Thank you for reading the lett r too, we appreciate it.
CHAIRMAN DUNBAR: You're welcome.
COMMISSIONER ROE: Was yours a motion?
COMMISSIONER CARLSON: No, well, I will make t at a motion we turn it over
to the County Engineer, ah, County Attorney for his etermination.
CHAIRMAN DUNBAR: Do we need a motion for that?
COMMISSIONER STEINMARK: No, we really don't.
MR. DAVID: Probably not.
MR. DAVID: Probably not, It doesn't matter.
CHAIRMAN DUNBAR: Under Old business we have ah, the FF ah, FFA grant signing
for the Airport, Neil.
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