The URL can be used to link to this page

Browse Search

Home My WebLink About20123125.tiff AMENDED FINDINGS OF FACT AND ORDER OF ABATEMENT RE: ABATEMENT OF NUISANCE CONDITION ON PROPERTY FOR WHICH M. SHAPIRO DEVELOPMENT COMPANY IS THE APPOINTED RECEIVER - C.R.S. 25-1-518 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, M. Shapiro Development Company ("the Receiver") has been appointed Receiver and thereby the responsible entity for the property located at 12623 County Road 6 ("the Property"), pursuant to an Order of the Weld County District Court in the case of City National Bank v. Rocky Mountain Vista Limited Partnership, Case Number 2012-CV-671, and WHEREAS, on the 19th day of October, 2012, a public hearing was held before the Board of County Commissioners conducted for the purpose of determining whether or not a nuisance condition exists on the Property, and WHEREAS, the Receiver for the Property was represented at said hearing by Stephen M. Whitmore, Esq., Gary C. Moschetti & Associates, LLC, 4704 Harlan Street, Suite 340, Denver, Colorado 80212, and WHEREAS, upon hearing the testimony and reviewing all other evidence presented at the hearing, the Board of County Commissioners made the following FINDINGS OF FACT: 1. Testimony, pictures, and relevant maps and other documents were presented by Mary Evett, Environmental Health Specialist, Weld County Department of Public Health and Environment ("DPHE"). Such evidence clearly shows that the Individual Sewage Disposal System on the Property is not functioning and causing effluent to surface onto the ground, some of which has dried and is now contained in the soils on the Property. The effluent, both liquid and dried, is a nuisance condition in need of abatement in accordance as per the provisions of Section 25-1-518, C.R.S. 2. Manuel Garcia Franco and Rebecca Valadez, whose address is 12623 CR 6 Lot #213, Brighton, Colorado 80601, provided corroborating testimony of the nuisance condition on the Property. 3. Despite efforts by the WCDPHE staff to resolve said matter, the nuisance has not yet been abated. 4. The Receiver and the WCDPHE submitted to the Board a Consent Agreement, a copy of which is attached hereto as Exhibit "A," and WHEREAS, the Board of County Commissioners of Weld County, Colorado, issued the following ORDER OF ABATEMENT to the Receiver: A. The Board generally accepts the terms of the Consent Agreement, but with the following modifications: 1. Inspection of the leach field on the Property shall be performed by a third party who is approved by the WCDPHE, paid for by the Receiver, but who shall not be C/, , 2012-3125 CA-, 1-q, �L HL0039 the Property on-site manager. Said inspections shall occur twice per day, with a report of findings from said inspections being given to both the Receiver and the WCDPHE. Such inspections shall begin on the date of this hearing (October 19, 2012). 2. The third-party inspector or the Receiver shall contract with a licensed Weld County septic pumper to pump the effluent from the sewage system beginning on the date of this hearing (October 19, 2012) and immediately upon notification that new effluent is coming up onto the surface of the Property. 3. The Receiver shall, within seven (7) days of the date of hearing (October 19, 2012), develop a routine pumping schedule with the septic pumper mentioned above, which must be approved by the WCDPHE, designed to eliminate the effluent from surfacing. 4. The Receiver shall, within seven (7) days of the date of hearing (October 19, 2012), install fencing around the leach field and all of the areas where sewage has been located on the surface. Such fencing shall be sufficient in size and strength to keep children from gaining access to such areas. The Receiver shall forthwith maintain such fencing in good repair. The Receiver shall place bilingual (English/Spanish) signage on the fencing instructing residents that they should refrain from playing or walking in the area that is fenced. 5. The Receiver shall, within seven (7) days of the date of hearing (October 19, 2012), provide to the WCDPHE a weekly report from the Receiver and the third- party inspector, which shall detail the results of the inspections, describe the pumping activities, and confirm that the fencing is in place and that the contaminating soils within the fenced in areas are being removed. 6. The Receiver shall, within seven (7) days of the date of hearing (October 19, 2012), develop a schedule for removal of contaminated soils within the fenced in areas around the leach field and all of the areas where sewage has been located on the surface. 7. The Receiver shall, within seven (7) days of the date of hearing (October 19, 2012), inspect and remove the electrical wiring which is extending out of all of the sewage storage vaults. B. That this matter shall be continued to and until November 5, 2012, at 9:00 a.m., for a review of the compliance with this FINDINGS OF FACT AND ORDER OF ABATEMENT. WHEREAS, on November 5, 2012, upon hearing the testimony and reviewing all other evidence presented at the hearing, the Board of County Commissioners made the following FINDINGS OF FACT: 1. The Receiver was represented at the November 5, 2012, hearing by Mr. Whitmore. 2. Based upon testimony and pictures taken by Mary Evett, the Property appears to be in a similar, if not identical, condition as it was on October 19, 2012. Although the Receiver arranged for, and carried out, some pumping and repair to the Individual Sewage Disposal System on the Property, sewage is still surfacing and/or running 2012-3125 HL0039 out of the tanks onto the surface in the absorption field. No fencing has been erected. Some eradication of sewage contaminated soil has occurred, but not to the places on the Property where such activity must take place. 3. The State of Colorado Department of Public Health and Environment has issued a Notice of Violation to the owner of the Property and the Receiver requiring that certain remedial activities take place on the Property on, or before, August 31, 2013. 4. On behalf of the Receiver, Mr. Whitmore states that the Receiver is without funds to accomplish the activities ordered by the Board of County Commissioners and listed as ORDER OF ABATEMENT A. 1 — 7, above. Furthermore, Mr. Whitmore represented that in an e-mail message he received from City National Bank ("Bank"), petitioner in the judicial foreclosure action regarding the Property, the Bank will not authorize any expenditure of funds on to accomplish said activities. 5. It is obvious that a nuisance condition still exists on the Property, and that the Receiver and owner of the Property are unable or unwilling to accomplish the activities ordered by the Board of County Commissioners and listed as ORDER OF ABATEMENT A. 1 —7, above. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Board hereby issues the following AMENDED ORDER OF ABATEMENT: A. The WCDPHE is hereby ordered to take such measures as are reasonably necessary to immediately accomplish the activities ordered by the Board of County Commissioners and listed as ORDER OF ABATEMENT A. 1 — 7, above. B. All costs incurred by the WCDPHE to take such measures as are reasonably necessary to immediately accomplish the activities ordered by the Board of County Commissioners and listed as ORDER OF ABATEMENT A. 1 — 7, above, shall be reported to the Board and shall be assessed as a lien against the Property, pursuant to the provisions of C.R.S. § 25-1-518(3). 2012-3125 HL0039 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of November, A.D., 2012. ° « I$ E BOARD OF COUNTY COMMISSIONERS II CO WELD COUNTY, COLORADO ` r ATTEST: 1 rt1A.4...‘,P (! $g1 r� f Sean P. Con , Chair Weld County Clerk to th t t *` Wilf,am F. ar r0-Tem �/ Deputy Cler o the Board c )LC �G^/� 7),/ /nt(-� arb�Kirkmeyer / AP"O ' DAS - ARM: C../\ € 01(r / _. David E. Long Co ,y .tF; neY ebbV &) a Dougi s Radema er Date of signature: t\ "lei H,)- 2012-3125 HL0039 Consent Aoreemer0 Rocky Mountain Vista Mobile Home Park is located at 12623 Weld County Road 8,Brighton.Weld County,Colorado(the'Property') M.Shapiro Development Company LW,a Michigan limited liability Company was appointed'Receiver of the Property in the August 24.2012 Order Appointing Receiver rRecelversNP Order),In Case No 201201611. Weld County District Court(the'ReceIverohip Action') On October 15,2012 the Weld County Department of Public Health and Environment("Department')i condition erty,determined that it is not functioning adequately,a that pre-existed the the rece disposal end notified the on the Receiver who had the System pumped on OAS 2012 The Department asserts that effluent from the System(the'Condition')constitutes a nuisance pursuant to C R S 5 25.1.618,and it has demanded that the Condition cease The Receiver and Department therefore,agree that so long as Receiver is receiver. 1. Receiver will have the leach field on the Property inspected twice per day by its on-sits manager, 2. Receiver will be notified by its on-ate manager Immediately upon evidence of new effluent and will contract to have the System pumped at the earliest possible moment; 3 Receiver will establish a routine pumping schedule,based upon the manager's observations, that attempts to eliminate effluent from surfacing The services ol a Weld County licensed septic pumper will be retained The Receiver will provide the Department the name of the septic pamper 4- Receiver will have temporary fencing instated to prevent acceae to the surface ground surrounring the leach field;and 5. Receiver Mil provide Department a report,on a weekly basis,that summarizes data,lime and observations made for each inspection,and pumping schedule Funds available for the operation and care of the Property conelst of revenues generated by the Property, and as no and there isnono assurance has agreed attPPropery revenues to fund the will ccoontmkM at the agreements sufcient to maintain teopeeral�rea current levels;and Receiver Is acting solely ki its capacity as Receiver,not individually,and its agreement herein and its obligations hereunder end with reaped to the Property end the Condition ars expressly subject to and lilted by the Receivership Order,and by entering into this Consent Agreement neither party la waiving any rights or defenses or making any admissions The Weld County Department el Health and Environment agrees that k will request a continuance al the nuisance abatement hearing on October 19,2012,and request that the Board of Health stay any order for abatement so that Receiver le able to act on this Consent Agreement. DEPARTMENT OF PU LIC HEALTH AND ENVIRONMENT PbI3. ) �( � � f �. By. Trevor Jiricek fkt/nA Data tit Director F C _vttc\` RECEIVER: M.SHAPIRO DEVELOPMENT COMPANY , a Michigan I ' liability company y Mork S Kassab Date Its: Authorized Agent 2012-3125 ilL 39 DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 9 t86t 1555 North 17th Avenue _ - Greeley, CO 80631 - - PublicHeatth I1 r r i Web:www.we!dhealth.orq Health Adninlatratlon Public Health&Clinical Environmental Health CommonkMlon, Emergency Preparedness GO U N T Y Vital Records 3xvlws Services Education I Planning 6 Response .�- Tate.970 7046410 Tale 970 304 6420 Tale:970 304 6415 Tale:970 304 6470 Tel.970.304 6420 Fax 970.3046412 Fax 970 304 6416 Fax: 970 304 6411 Far. 970 304 6452 Far. 9703016469 Our Noon Together with the communities we serve,we are wonting to main Web'County the healthiest place to lee,learn,worir and play October 16,2012 M. Shapiro Real Estate Group c/o Mr.Gary Moschetti,Colorado Registered Agent 4704 Harlan Street,Suite 340 Denver,Colorado 80212 Rocky Mountain Vista Limited Partnership c/o Pacific Registered Agents, Inc. 44 Cook Streeet, Suite 100 Denver.Colorado 80206 Subject: Nuisance Condition&Notice of Hearing for the Rocky Mountain Vista Mobile Home Park,aka Sierra Vista Mobile Home Park Dear Sirs, It has come to our attention that conditions exist that constitute a nuisance on the property located at 12623 Weld County Road 6, in Weld County.An inspection was completed on October 15, 2012 by Department staff. Specifically,staff observed that the 1 sewage disposal system serving the mobile homes on the property is not functioning adequately and sewage is being discharged onto the surface of the ground. This poses health and safety problems, including the transmission of disease. This property is in foreclosure by its owner, City National Bank,and M. Shapiro Development Co. is the appointed receiver. As such,you are responsible for abating this serious health violation. It is our understanding that you may have terminated the contractual relationship with the company that has provided septic pumping services, for financial reasons. You have been informed that septic contamination of the surface would be the likely result, unless use of the septic system was terminated,and you were encouraged to have the septic system pumped. The above described condition constitutes a nuisance. Title 25, Article 1,Part 518 of the Colorado Revised Statutes(25-1-518 C.R.S.)provides the following: 1 The county or district board of health shall examine all nuisances,sources of filth, and causes of sickness, which, in its opinion, may be injurious to the health of the inhabitants,within its...,county..., and shall destroy,remove,or prevent the sameas the case may require. The Weld County Board of County Commissioners will consider this nuisance at a public meeting on Friday,October 19, 2012 at 9:00 AM, in the Hearing Room,Weld County Administration Building, 1150 O Street,Greeley,Colorado. Your presence at the meeting is requested. The Department will request that the Board,sitting as the Board of Health,order you to 1 cease and desist in the continued nuisance. Specifically,ceasing this nuisance would require you to either pump the septic system,or to cease using the system altogether. Failing to comply with a cease and desist order will subject you to civil and $ criminal penalties. Further,the Department will request that the Board issue an order to abate, within 24 hours,the above identified nuisance condition on your property. Should you not abate this nuisance condition,the Board may have the nuisance abated and the costs of this abatement assessed against you or the property. The Board's action could affect the ability of residents to continue occupation of the property. If you have any questions, please contact this office at(970) 304-6415, extension 2219. 1 Sincerely, Mary Even Environmental Health Specialist Environmental Health Services cc: Mark Wallace,Weld County Health Officer(via e-mail) Trevor Jiricek, Director, Weld County Department of Environmental Health Services(via email) Bob Choate,Assistant Weld County Attorney(via e-mail) Doug Camrud,WQCD,Colorado Department of Public Health& Environment Mr. Mark S. Kassab,Receiver, M. Shapiro Real Estate Group, 31550 Northwestern Highway, Suite 220 Farmington Hills, Michigan 48334 Rocky Mountain Vista Limited Partnership,44104 Royal Troon Drive, Indio,California 92201 9000 City National Bank,c/o Riley,Carlock,&Applewhite, 1999 Broadway, Suite 1800, Denver,Colorado 80202 I4 _ C b 4 II-4 ...,. I 2 rn l.o OLo 4-1 N CO 00 . 0 O 0 CC T5 C . CO CO C O C O U O N O 2 l.O N 4-1 tan S CO U 0 CC • ��. a 1 , - � • , i, tt 'y[,• 1. Vi J. . \ .. ..1;5_,..a lid ;RI • . El , "' a1— - ai ra-- z, d for .1:49 �?„, __Li..� _. ... . ,...._ ..... , • . 14 1 aver 4 • 'r ter. ,Yliiji•r. .4.I.1'2. a._ .i . e 8 e I. m , �" • I m NN y � NN .y . -:ids -m o r, M --In— in 's • dlikab ;PP in ' .4 4 `' 1 f ittel, .M +✓_ I = - tO : *CA * 4r tima, '7 :. 4 / `;m PI t I rti ..., g f � C - O CO CliW U `r •^ 'c E ri .0000 °30 O l ) . . 4- U a_+ .,c : c i 4A O L a +-+ +a L. Ni U s = N N(4: ,--; 3 2 cuo-•1. U C r-I 4PJt, _c +.• cn v) E +-1 4_. O N +a +-+ to •- a) N •— -' 41 _ -C O U L847j. N O — U }, < v� •> fa *cn m E N 1 • .� > V 4..1 in +-) Ln a c c O .- N nc O- = N N +N-+ >: f3 v O O E N n c O ir. N co (0 V) 0 OE o CO ID _C U can C �. it qo eft \ Elr a eh it 1 1 . el N 010 I 1 *1 1 $ 9g 01. ii il Or 1 U I E U.S.µGHy7AY 85 I ? E W N U) ei NN' -I V i •— O O. el W in (n O b° O ._ s — a co C v y.. - fo C — N — X 4- c o v ,TI; e3 : ' c „ u cp Y v Q C O) .C Q) riOD •L N N CDw co 3 "O L.. U �i f f .. m 3 0 E. a) 0 a) no m 3 a) In a h / s .:?1•44-:,7,..4; .,r,J •4•-4.43:{4;e4:, • • ,i'- , ''7 r • p,; .'r • . ;,' r •� t. se)SA 'ft - - p f f 11 ` , ' ,1 tf i. 7 i f t, , - .4.. y S ' .r • r f . r , f }�• A r 'r7A 1��, .S , r ".;10,1, �w.r 'V; 4 ,,x f,A. , y. r {1 � • �y+jy 11. r. 11°h'.../.;"4,1",2,441,111#; 4 1",2,rt,111 it tN i, . r + Dara�,.D , v o • st h u 0_ a- . N L 0 Q) tz IQ a, laa in { C } r C C M �^ i .fir 0 _ ' Q • L. �r;^n I ri. .t i `r n Elsa R'� f . 1 r. v Y Q in - v - O v 3 * C ,v • • 0 F ' a - . • n j T` . �� . _6 d c C a ■ O U , , i o OD It s N ¢ O ao lyva... ' vii . afrrb 4 I. • ik y1 V a, VA: ,J a < ( ( P li QI �� 1 y• ' o . I r P • +'sst .\:.;.. rX 'it I ( �PI -yi �y�. v j •�I •p4 + , d }r eP �V, kx{ r1 . iM. s- 1km tao , i•i 1 ,' C i 1. +J I�� "I J t P`' �11 E c e s �^ ,dy o - • i., • Y 'vy, r, ; . ; E u to -I _ • ti .�,1 c�. • I ,; tp ,' , N rl I N rl I O 0 0 0 13- S C CO V_ I ) a 4) CO E L C 473 CO C C C a 4-' a-' E U a Y C a a L� ,, • a w • rr -_ +f, ' r S•4-. 4r pry (91 ca'� f� , # r. _ IIr j i, tar , n "I'ma f/ I l + N E ll i e + } e N _. 1 .. ., _ 03 t. a ' ' E r 1 a ii " Q. C 1 03 JN 2 Jf I tit I Y le l U ' II �y 1' a v I IIIIMINE N 5 • I IT 110 i .114 . ,'1 E i 1141 1 t k t 4 i 404. lie t, It . . ; c c k , o ti . �,4f , ,,. 41,6'' I !is �iM ( r u 4A { .�, ., Q 1': • co 1' r us 4. ' r. 1As i. t: PI 0 • • < 1 �5 iii.- l i. * 11T I 144 "ate. I 'mow - "!�• 'A^ .,- "HisIir'il, _ a .• _ Q i .. \ j y �`r • C f c 0 :0 In a) t It 0 c O v pp • .` I, i 3•iil a Y u I V. .• 1 i N • � o` os"E " r. } c .� �. c m 1 *f I, I. \ Y J 1 a. �J 1. I-, (_ r{ Y 'I O ^ifr, • • , *% A • C 4,11 11714,: j • r U m CL • E J Q me' - •f,• L• • ,!' a 1134 rJ 3 Y ! C a.4 Ca • • • 1. CU a 0 2 4- O s L L.O ^� . 0 o- CU CU - O ii • A JJ≥ - ♦ • A i y f"ak I•to " • • ,sue • K • i N f IV n. 7 �I '. r 1 a ' I .a 1 1 � c ' r'�► __ se air r t Vs�i;, ,- I ` fir _ p I _ 1�, 1 — �j o < ,�.- -.�. UPS r v " _ _ N ft. Lora I , I, o,- A 1 ` 1 a .iiminki _ _141 ' 14 r / , ;• • K • • • • • • • gra ib •` • k r a, • N AP O . worfit 4 + `'•i •••A r _ • '.. 4. r_ • 14. • • • t _ ".I J . k IN. ore CD !� • .0 • O N I�- r PJ 1R CT) r ld O ail • S 1 1 I 1 of,' ' ft .� E Iv N 0el > LO V) e-1 u I •— O O. e1 N 0 cn o 4.0 to 0 — Cl. cu u. k . � • � ,-kr . - Sfi L > 1 - " it'. .Y4.,4W..". III .� . ' . J>.+S i _ ✓i 4 4 t `� f. ice ' 11 4 ;:l• r• . - % 4.:r • h rtii r 11,' • t kT �. �. .?,, ��A t' >2r ' •4 , 4:4,,,,.• ,.. ., ,-4:,• "',1 .',.'s \‘ r 1 ' t V iv.m —.1-...c. -.F. , ..:\ .. ' ,i, : ev:kti.eirfr --11 ' 'I: %.,"*..,-t+NL•s• "r: . 1 , if /1, • ., i ' •ll\ 7 1.-twils.. ,_:,," r t J • k g+` �• 4 � yCt' Ir 1r l� .• :1 i �. 1211ii 1•1---k 11; '•t _ Fr �%; at It ` — ` 1 '• t.' `_ •y I • 1 ♦ h.z�.. y'C i t A1 PP 4. .\rlitok iri r1 iii �11t� ,r14. � f ..S ;. 4 . /..�.I i yt • • r•g • tilt , • q ••;titi+,Gtr • ,se�1 + ., "i vV J +� ` i+, 1 • 4,-.....,:,..77./•.: '�' r rg 'Al, ' s Y � w r.. ' ,�,� ..,d r 4 - F.C. • yam, 1 a ( - ` M '' . No i J n• ' 4)‘! ' V. r. rAil • ri o • b 1_ /.. c' . o 11w p a is • is. r • a , P • J I - -., .. 1 "" . t r` 1 ,V $ ? J il . � E w N 4a ei til '^-i V I S- O CU VI (1) O to '," t O .- t - a i L i T ---iv tijiA. • 24r, tic. L ' �' d r r 1 I ^le ,a/ l41 %I 41` . S ` 414 -.r ffsyl ''�'a .• �.'� + ^.', r. y .p : 'may' ft IL ti" {. w ,., . fLtS i_ i-' _� �f..' J i. f f .5;.,j�} M .1.:J I'� ! r •I I K -i rr,- . r • firi . . ,i ! . i as o 1.: ill . . 1 ` • ,o , a !• v 'b;yl !t *k A t • - ... 'if 'd p . • +7 , r h , ' •fir,♦I_ ^ /.- ti . JI IL 1r�.. r.'t i. . r Igo I t ;� r 11 -•-t.t i...* - - '11 �,� L't . . ..•• - :4 _ P ' / `^ fN �; Jam . r)fj'"7- ,4 e• ...--% ; e -gg: 'f �tr _ • . M r SYarir:1;i:14$1:4;:. h 5 ' �, y't ' n II4 At 48.�y{ • J • K :. yl •ir w ' , ';n i 'E? i! ' (( ,t .,. .4%.4.;.:44„.4,••:4•••:'77.1;;,;•;-. Li I,It rf J. • -4,-.! .7“.. .7frf,,• •••'•• .,rnicZi !'� A Jar tr` r r y tv. ' �'y��r 1 wk r. it s ,' •N , , I -, w ll.i. I y f . f ' .i. . .)� 1'TL i, Vw • w ..�. i 1 L , ` •.�4. Nit ' mac t' ` •.. r, . , , aim ,;4 C. Vitt a- Ill azr':. -1 \ ws •/...4 F'r 44‘•4...71* by \�t� J)• '►tr_ �� ` t. 1 `fin '�'' ( • ifAV �j :• i r'"}, • ��'.A 1 d, .6 fr - \1 \ F .✓1 y V 1J yp h n \ \• \��\ L . .. ^" 1, r 4 E cu r., v A 00 in ' -I V I • O a el a cn in O dA � O ._ s - a U. H. it tH tits,� iY ;1.41 0 ,, i: m r ♦." t. ',1 L a \fit ., r y , . ^, N or • l 1•_ ' tip .7 /4'1.( 1.. �' :.n: 1 Ot '‘....- — it- .4 ti " z t ti rl . t ti � *, tl.` i1.; r+ + • I 7l n .14.'6 e, YLtb ' r f, 00 t , T �,y ' -- !1 '/ ' r tC ride. .L �`f y'� , .r- .: � -7-1. 1.^ ; • i rii •.‘. „��oo'. ± fie. Y.' . !! . , ♦. . 9 ) . :� -c. is.) { .t. '. � l.} s , I ,/ ,. . • `�? r 4. Ydt `t f i . l vti �, :� YI • • , y 1r , Y � _ 1 • 1 r . 1 • r '-`•J--- r '1..`i A a . �`., ). i Lnl y �• .n4 / • ' _ el 1 r"...--",-,• moo. h �. . ,` i` �• 1 J • • . 0 .1 M1 _ �1 _ { rot. V ,, 1�` .. t•Y ♦ F ..i__ r 1 C A r. < � R# . y . .- � yli J • • ..$ .t 1 - ,k?7 O • ' 8 *• c• r ca' V - Ti 94.1 t• A. r' •� • • • t . L r ' f. ` S. ,y J .,-"'5; ,, s i " I / • > , r' Y Cu � i '.. �1 f + •OJ k4 j • • i . _ I �I 7O r r' r , - r , • .t,l":5 t., r i 1 . . f �1 }�'-. . Attf • t ) 7 yi 1 { f J'� It t/ ! • y1 h pjpyggq • . Sit' Y1I .rho i$ � '` / — ` ' •N r \ , 9 0 A 4 • 1 • fr 4 P. ‘(Ct.‘ ". .... --. t. K• a . d err �; :u' iz4 F7r �,'Al _ •-a y.v .. f s t,44%.R ♦.�i . rd y' 46)/4:j . � r `� ` are .be Tyryi ^ ,• �I._ •.. r :Sit (:._ , t,,„ a�• x� i' ,f ,, 4. ss9 :f. - e � r and `y3' F� 4,. r '64 6.',' 1 .r'~ i �f ` ' J ., • k f� • vfy! . !' Z ,• t 1. ` •� act . 11, e� � t 1 fi ' ,, t Nir e! . ,�� ,. ** , . , -a. �►? Iq wJ •.- ' le • .. �� \ /r•¢ •K . ` � • 1. ' v\ `,y s K .. 1 \y .mo•-; i c. a..l 4e ` ' — /r _ 1'�j. ' V /. Y d 1 /// 3 / 1 it } d \ i/,,4 1, } • �• III w • MP. • ; 4111 ) ; -t, • 1: Y c O 0.1 d d N C C N CO .c m w N 3 t N C 3 ry l7 m y 0 Licr N ON H a Y LL ti 00 M Lam, of O -o g ra 3 O s_ it, a v QJ d N IN- O 3 a ..-+ v E O T T �, o E o w m c A to a4+ 'O 0 c QJ a Q a y N C Is C ai T ? .0 a C L V 3 p p o m' 2 3 awi ~ c IJ LLI a/ bA E o m CO 0 c kill r � °'E 40 4a o _ � ? ° Sc C▪ y LE ,n ?� N .. Y 10 (n w w •C a O p < y m y O fo Ti IIMMII ?, O -O u a a 0, .. o y V v 3 w J w vi w w 41 Z. O �[ L 0 L C O H C 3 w O N 0- .c L C '47, Q W c ° u 7 01 3 N L W CL ▪ > E co w - 7 Lei Q a, o y v OaA C 4.0 C a w `L' 00 0 «cu a m L N a t o c 2 w « w 01- >" y E `m m 3m mw W c m c 4-, O m �, ° w 3 vt y t w ` O` N H t L N OJlli o c « 3 3 vwi ' -C E .m. OOWE O s a N �4) 0 c w .L. O t • o L o o 41 a ° O �-. t o. m CO C c d N a v . 9 > E g o C m ° O W y A C N s EtCI E 0 wail- Y 0 F" 4-• 0 uwi So a m 4 0 o a -o a ¢ o u o 3 off - 5 25-1-518.Nuisances (1)Removal of nuisances.The county or district board of heath shall examine all nuisances, sources of filth,and causes of sickness,which,in its opinion,may be injurious to the health of the Inhabitants,within Its town,city,county,city and county,or district,and it shall destroy, remove,or prevent the nuisance,source of filth,or cause of sickness,as the case may require. (2)Unhealthy premises cleaned--structures removed.if any cellar,vault,lot,sewer,drain, place,or premises within any city Is damp,unwholesome,offensive,or filthy,or Is covered for any portion of the year with stagnant or impure water,or is in a condition as to produce unwholesome or offensive exhalations,the county or district board of health may cause the area to be drained,filled up,cleaned,amended,or purified; or may require the owner or occupant or person in charge of the lot,premises,or place to perform such duty; or may cause the removal to be done by the proper officers of the city. (3)Expense for abating nuisance.If any person or company neglects to remove or abate any nuisance or to perform any requirement made by or in accordance with any ordinance or resolution of the county or district board of health for the protection of the health of the inhabitants and if any expense is incurred by the board In removing or abating the nuisance or In causing such duty or requirement to be performed,such expense may be recovered by the board in an action against such person or company.In all cases where the board incurs any expense for draining,filling,cleaning,or purifying any lot, place,or premises,or for removing or abating any nuisance found upon such lot or premises,the board,In addition to all other remedies,may provide for the recovery of such expense,charge the same or such part thereof as It deems proper to the lot or premises upon or on account of which such expense was incurred or from which such nuisance was removed or abated,and cause the same to be assessed upon such lot or premises and collected as a special assessment. (4)Removal of nuisance on private property--penalty.Whenever any nuisance,source of filth,or cause of sickness Is found on private property,the county or district board of health shall order the owner or occupant or the person who has caused or permitted such nuisance,at his or her own expense,to remove the same within twenty-four hours.In default thereof,he or she shall forfeit a sum not to exceed one hundred dollars at the stilt of the board of county commissioners of the proper county or the board of the proper city,town,or village for the use of the county or district board of health of the city or town where the nuisance Is found. (5)Board to remove--when.If the owner or occupant does not comply with an order of the county or district board of health,the board may cause the nuisance,source of filth,or cause of sickness to be removed,and all expense Incurred thereby shall be paid by the owner or occupant or by such other person who has caused or permitted the nuisance,source of filth,or cause of sickness. (6)Convleton--nuisance to be abated.Whenever any person Is convicted of maintaining a nuisance that may be injurious to the public health,the court, in its discretion,may order the nuisance abated,removed,or destroyed at the expense of the defendant under the direction of the county or district board of health of the town,city,county,or district where the nuisance is found,and the form of the warrant to the sheriff or other officer may be varied accordingly. (7)Stay warrant of conviction.The court,on the application of the defendant,may order a stay of a warrant issued pursuant to subsection(6)of this section for such time as may be necessary, not exceeding 54x months,to give the defendant an opportunity to remove the nuisance upon giving satisfactory security to do so within the time specified In the order. (8)Expense of abating.The expense of abating and removing the nuisance pursuant to a warrant issued pursuant to subsection(6)of this section shall be collected by the officer in the same manner as damages and costs are collected upon execution;except that the materials of any buildings, fences, or other things that may be removed as a nuisance may be sold by the officer in like manner as goods are sold on execution for the payment of debts. The officer may apply the proceeds of the sale to defray the expenses of the removal and shall pay over the balance thereof, if any, to the defendant upon demand. If the proceeds of the sale are not sufficient to defray the expenses incurred pursuant to this subsection (8), the sheriff shall collect the residue thereof as provided in subsection (3) of this section. (9) Refusal of admittance to premises. (a) Whenever a county or district board of health finds it necessary for the preservation of the lives or health of the inhabitants to enter any building, car, or train of cars in its town, city, county, or district for the purpose of examining and abating, removing, or preventing any nuisance, source of filth, or cause of sickness and is refused entry, any member of the board may make complaint under oath to the county court of his or her county stating the facts of the case as far as he or she has knowledge thereof. (b) The court may thereupon issue a warrant directed to the sheriff commanding him or her to take sufficient aid and, being accompanied by any two or more members of the county or district board of health, during daylight hours, to return to the place where the nuisance, source of filth, or cause of sickness complained of may be and destroy, remove, or prevent the nuisance, source of filth, cause of sickness, or danger to life or limb under the direction of the members of the board of health. (10) Damages occasioned by nuisance--action. Any person injured either in his or her comfort or in the enjoyment of his or her estate by any nuisance may have an action for damages sustained thereby. EIGUSIT NOTICE . z The sewage disposal system servicing your mobile home may not be functioning adequately and sewage has been observed on the ground. A public hearing has been scheduled by the Weld County Board of Health with the M.Shapiro Real Estate Group(current representative of the property)for Friday,October 19,2012,at 9:00am,in the hearing room of the Weld County Administration Building, 1150 0 St.,Greeley, CO. The purpose of this hearing is to discuss how the situation is to be remedied. As a resident of the Rocky Mountain Vista Mobile Home Park(aka Sierra Vista Mobile Home Park), you are welcome to attend. The map below shows the area where sewage has been observed. For the protection of your health,please stay out of this area. The map also shows the location of the sewage tanks within the park. If you notice any sewage being discharged from these or have questions, please contact us at: (970)304.6415. \ 1 N 'VCtWf 1 1 ‘ l i=1t i< \® Septic Tanks p 4114% LearNield(affected area} PLEASE STAY OUT OF THIS AREA! WEIR COUNTY ROAD S NOTICIA El sistema septico que da servicio a su casa mbvil puede ser que no este funcionando adecuadamente y se ha observado desecho o aguas negras en el suelo. Una Audiencia PLiblica ha sido programada por El Consejo de Salud del Condado Weld con el grupo de Bienes Rakes de M.Shapiro(representate actual de la propiedad)pars el dia Viernes, 19 de Octubre del 2012,a las 9:00 de la maRana,en la sala de audiencias del Edificio de Administration del Condado Weld, 1150 O St.,Greeley,CO. El proposito de esta audiencia es para discutir como remediar esta situation. Como residente de Rocky Mountain Vista Mobile Home Park(alias:Sierra Vista Mobile Home Park),usted es libre de asistir. El mapa posterior muestra el area donde se ha observado desecho o aguas negras. Para la Protection de su salud, por favor mantengase alejado de esta area. El mapa tambien muestra la ubicacion de los tanques septicos en el area. Si usted nota desecho o aguas negras emanando (saliendo) de los tanques o tiene alguna pregunta, por favor Ilamenos al 970-304-6415. __ N m ( 1, � YL � / s y T.rnquao SCpfoos K Th./ j n i :931 P \�VVV \ V Am TENGASE % oketada POR FAVOR MANEENWSE / ALEJADO DE ESTA AREA! WELD COUNTY ROAD -11 EXHIBIT i O NI. 10-19-1Z F:FILED Document—District ( ourt 2912CV671 CO NN,Weld County District('ours 19th.II) DISTRICT COURT, WELD COUNTY, COLORADO Filing Date:Aug 24 2012 01:571'\1 \n)I Filing II):46093041 Weld County Courthouse 901 9th Avenue Greeley, Colorado 80631 970-351-7300 PLAINTIFF: CITY NATIONAL BANK,a national banking association ♦ COURT USE ONLY v. DEFENDANT: ROCKY MOUNTAIN VISTA LIMITED PARTNERSHIP, an Arizona limited partnership By the Court: Case Number: 2012CV671 Div:4 ORDER APPOINTING RECEIVER The Court,having considered Plaintiff's Verified Complaint and Application for Immediate Er Pante Appointment of Receiver, and being fully advised of the premises: THE COURT FINDS: 1. The Court has jurisdiction and venue is proper pursuant to C.R.C.P. 98. 2. Plaintiff is the current holder of that certain Promissory Note (Colorado)dated July 23. 2004,(the "Note"), in the original principal amount of$1,600,000.00.executed by Defendant and originally delivered to the order of Imperial Capital Bank, Plaintiffs predecessor- in-interest. 3. The Note (and the loan evidenced thereby (the "Loan")) is secured by that certain Deed of Trust. Assignment of Rents and Security Agreement (Colorado)dated July 23, 2004, executed by Defendant for the benefit of the holder of the Note (the "Deed of Trust"). 4. As holder of the Note and assignee of the Deed of Trust and the Loan, generally. Plaintiff is entitled to enforce the terms of the Deed of Trust. 2355237v1 5. The Deed of Trust encumbers certain real and personal property more particularly described therein and further assigns to the beneficiary all rents and revenues arising from such property(collectively,the "Property"). Such Property is owned by the Defendant. The Note, Deed of Trust, and all other instruments,documents,and agreements further evidencing or securing the Loan may be collectively referred to herein as the "Loan Documents." 6. The Deed of Trust expressly provides that the beneficiary thereof shall have the right to the ex parte appointment of a receiver upon default of the Defendant in any of the terms, covenants,or conditions of the Note or the other Loan Documents. 7. The allegations set forth in the Verified Complaint establish(a)that Defendant is in default under the Note by virtue of its failure to pay installments due thereunder, and (b)that Plaintiff is entitled to the appointment of a receiver pursuant to the terms of the Deed of Trust, the provisions of C.R.S. § 38-38-601 and C.R.C.P. 66,and established principles of equity. 8. M. Shapiro Development Company LLC,a Michigan limited liability company ("Receiver"), is a suitable entity to be appointed as receiver for the Property. IT IS THEREFORE ORDERED THAT: 1. Receiver is hereby appointed as Receiver for the Property, and shall forthwith take physical possession of, manage,operate,preserve and protect the Property. The Receiver shall manage,operate, and protect the Property, subject to the supervision and exclusive control of this Court. 2. The Receiver shall have all the powers and authority usually held by receivers and reasonably necessary to accomplish the purposes herein stated including, but not limited to,the following powers, which may be exercised without further order of the Court: a. To take from Defendant and all persons in active concert and participation with Defendant(and all other persons served with this Order and having possession or control of any Property) immediate possession and control of the Property including, without limitation, all monies, receivables, leases,rental payments, security, damages, utility and other deposits, accounts(including,but not limited to, all operating and reserve accounts containing or funded with the rents, issues and profits of the Property, whether controlled by Defendant or any management company or other agent of Defendant), records,contracts, contract rights, causes of action, furniture, fixtures,equipment. inventory,appliances, supplies,construction materials, plans,specifications, entitlements, permits, licenses, and other personal property associated with the Property; b. To change any or all locks on the Property and eject any persons unlawfully possessing the Property; c. To immediately upon appointment notify all tenants and purchasers of the Property,or any portion thereof and instruct such persons that all further rental or other payments shall be made to the Receiver directly; d. To manage, operate, lease, maintain, preserve,protect,and otherwise control the Property in the ordinary course of business,or in such manner and to such extent as Receiver shall deem necessary or appropriate,or as Receiver may deem necessary to prevent diminution of the value of the Property and, in this regard, to continue utility service for the Property in the name of the Receiver or in the name currently existing on such account(s),to have all utility deposits transferred to the Receiver or the Receivership,and if no deposit exists. to maintain utility service in the name of the current account holder without need of a deposit; e. The Receiver shall operate the Property at such level reasonably deemed appropriate by Receiver, which level may be limited or may include the suspension of certain operations; f. To close, transfer and change all bank accounts and trade accounts wherever located containing funds generated by the Property and deposit all sums received by the Receiver in such financial institutions as determined by Receiver, in Receiver's name,and to otherwise invest all monies received or collected by Receiver(whether payable to Receiver, to Defendant or any agent or representative of Defendant),and to write checks and make withdrawals on such accounts as required to effect the powers granted herein; g. To deal with,hire and terminate present or future employees at the Property, without liability to Receiver; h. To use the personnel of Receiver, or hire, on a contract basis, such personnel necessary to maintain and preserve the Property,and otherwise deal with, hire and terminate present or future property managers and other professionals in connection with managing the day-to-day affairs of the Property, all pursuant to and in accordance with the terms of this Order: i. To deal with, hire and terminate present or future brokers, sales agents, leasing agents and other professionals in connection with marketing the Property.or any portion thereof, for sale or lease. In furtherance of the foregoing, Receiver is authorized. but is not obligated,to engage an affiliate of Receiver to provide such brokerage and marketing services, provided that such affiliate is a properly licensed broker in the State of Colorado and the terms of such engagement are reasonable; j. To advertise the Property. or any portion thereof, for sale or lease; k. To deal with, hire and terminate contractors, suppliers,and other construction professionals including, but not limited to,architects,general contractors, and engineers, as Receiver deems necessary or convenient to operate, preserve, improve or repair the Property. all on terms acceptable to Receiver; 3 1. To hire and retain(on behalf of Receiver and not the Plaintiff)and otherwise obtain the advice and assistance of such legal counsel, accounting and other professionals as may be necessary to the proper discharge of Receiver's duties, with all reasonable expenses incurred in connection therewith deemed to be expenses of the Receivership,and to pay such professionals from the rents, revenues, and proceeds of the Property without further application to or order of the Court; m. To notify any parties obligated on any account of Defendant to make payment directly to the Receiver of any amounts due or to become due thereunder; n. To initiate,continue, settle and wind up such litigation as may be pending or may be required to protect the Property or to effect the collection of amounts owed in connection with the Property; o. To sell, assign,compromise,settle, surrender, release or exchange any account of Defendant upon such terms for such amount and at such time or times as the Receiver deems advisable,and to prepare, file, and sign Defendant's name on any proof of claim in bankruptcy or other similar document against any account debtor indebted on an account of Defendant; p. To enforce the terms of any leases,contracts and agreements relating to the Property and to enforce collection of any of Defendant's accounts,debts, contract rights or other rights arising from the Property, to institute such legal actions as the Receiver deems necessary to enforce any such lease,contract or agreement and to collect any such account or debt,to recover possession of the Property from persons who may now or in the future be wrongfully in possession of such property and to otherwise preserve the Property by suit or otherwise; q. To contract for and perform ordinary and necessary repairs and maintenance on the Property and to hire, on terms acceptable to Receiver, such contractors, suppliers and other persons acceptable to Receiver to perform such work; r. To contract for and perform such tenant finish or other capital improvements with respect to the Property as Receiver shall deem reasonable to preserve, protect and enhance the value of the Property,and to hire such contractors, suppliers and other persons acceptable to Receiver to perform such work; s. To complete any unfinished construction or development of the Property and to hire and deal with a construction manager,architect, engineer and such contractors and sub-contractors as Receiver may deem necessary to perform such work; t. To exercise any and all rights of Defendant with respect to any condominium or other owners'association to which the Property may be subject including, without limitation,all rights to vote, obtain records. attend meetings and as otherwise may be 4 accorded to an "owner" in such association, and,to the extent held by or vested in Defendant,all declarant rights and development rights which Defendant may have in any such association; u. To pay all real estate taxes, personal property taxes, assessments, special assessments,association dues and assessments, insurance premiums. utility charges and other expenses and costs reasonably incurred or related to the ownership,management or operation of the Property; v. To make,enforce,modify. negotiate, renegotiate and enter into such reservations, lease agreements, franchise agreements, rental agreements,contracts or other agreements of the Property as the Receiver may reasonably deem appropriate in connection with the discharge of the Receiver's duties; provided, however, no agreement shall extend beyond the termination of the receivership unless authorized by the parties; w. Subject to the limitations set forth herein, to make,enforce, modify, negotiate and enter into such agreements pertaining to the sale of the Property,or any portion thereof,as Receiver may deem appropriate,and to thereafter sell and convey such Property through the receivership created hereby; x. To borrow money for the use and benefit of the receivership estate from the Plaintiff or from any third-party; y. fo notify any and all insurers under insurance policies affecting the Property of the pendency of these proceedings and that, subject to the prior rights of any party holding a lien encumbering the Property, any proceeds paid under any such insurance policies shall be paid to Receiver until such time as the said insurance carriers are advised to the contrary by this Court or until they receive a certificate issued by the Clerk of this Court evidencing the dismissal of this action; z. To obtain and renew all insurance policies that Receiver deems necessary for the protection of the Property and for the protection of the interest of Receiver and the parties to this action with respect to the Property; aa. To make, to the extent possible,all principal and interest payments required under any obligation secured by the Property. in the order of their priority of record; bb. To apply for, obtain, renew and,as necessary, to prevent the loss of all trademarks, copyrights, patents, licenses, permits and entitlements required for the preservation or operation of the Property or issued in connection therewith; cc. With respect to any operation or activity that is now conducted on the Property or is customarily conducted on similar properties,and that may lawfully be conducted only under governmental license or permit, to continue such operation or activity under the license or permits issued to the entity subject to compliance with the terms thereof; 5 dd. To obtain, review and analyze the past records, including without limitation accounting records,disbursements, banking records,plans, specifications, engineering reports,soil reports, permits, entitlements,and any other books and documents necessary to determine whether there are any potential claims or rights against other persons and entities arising out of the ownership and operation of the Property, or otherwise perform the duties of Receiver; ee. To pay prior obligations incurred by the Defendant, its agents and servants,or any other person or entity charged with the responsibility of maintaining and operating the Property, if such obligations are deemed by Receiver to be necessary or advisable for the continued operation of the Property,and any improvements thereto; ff. To use receipts from the Property and such funds as may be advanced by third parties or by the Plaintiff for the payment of expenses of the Receivership and of the Property; gg. To settle any mechanics' liens against the Property by making recommendations for settlement to this Court; hh. To preserve and protect the improvements located on the Property,and to secure same against loss and damage, and to preserve any and all construction claims and warranties as necessary; and, ii. Generally to do such other lawful acts as Receiver reasonably deems necessary to the effective operation and management of the Property, or for the orderly liquidation of the Property, and to perform such other functions and duties as may from time to time be required and authorized by this Court, by the laws of the State of Colorado or by the laws of the United States of America. 3. Receiver shall, immediately upon appointment, notify all tenants at the Property of the receivership created by this Order. FROM AND AFTER THE DATE OF THIS ORDER. AND UNTIL THE RECEIVERSHIP CREATED HEREBY IS TERMINATED, EACH TENANT OF THE PROPERTY IS HEREBY ORDERED, DIRECTED AND INSTRUCTED TO MAKE ALL RENTAL PAYMENTS, REIMBURSEMENTS, AND OTHER PAYMENTS OF ANY KIND IN RESPECT OF ANY LEASE OF THE PROPERTY TO RECEIVER AT SUCH ADDRESS AS RECEIVER SHALL, FROM TIME TO TIME, DIRECT. EACH TENANT OF THE PROPERTY SHALL PROVIDE TO THE RECEIVER A COPY OF SUCH TENANT'S LEASE, UPON RECEIVER'S REQUEST. AND SHALL FURNISH TO RECEIVER ALL SUCH DOCUMENTS AND INFORMATION REASONABLY REQUESTED BY THE RECEIVER AND WHICH THE LANDLORD WOULD OTHERWISE BE ENTITLED. ALL TENANTS SHALL PERMIT THE RECEIVER, UPON REQUEST, TO ENTER UPON AND CONDUCT REASONABLE INSPECTIONS OF THE LEASED PROPERTY. 4. Receiver shall, immediately upon appointment, notify all management companies 6 or other agents of Defendant of the receivership created by this Order. ANY SUCH MANAGEMENT COMPANY. LEASING AGENT, SALES AGENT,OR OTHER AGENT OF DEFENDANT ARE HEREBY ORDERED, DIRECTED AND INSTRUCTED TO(A)TURN OVER AND TRANSFER TO RECEIVER ALL OPERATING, RESERVE, SECURITY DEPOSIT, AND OTHER ACCOUNTS USED OR ESTABLISHED IN CONNECTION WITH THE OPERATION AND MANAGEMENT OF THE PROPERTY, (B)TURN OVER AND TRANSFER TO RECEIVER ALL ORIGINAL LEASES AND ALL OTHER PROPERTY AND MONIES OF DEFENDANT IN SUCH AGENTS POSSESSION, (C) MAKE AVAILABLE TO RECEIVER ALL RECORDS AND INFORMATION RELATED TO THE PROPERTY AND IN SUCH PERSON'S POSSESSION.(D)TO COOPERATE WITH ALL REASONABLE REQUESTS AND INQUIRIES OF RECEIVER REGARDING THE PROPERTY,AND(F) OTHERWISE COMPLY WITH THIS ORDER. 5. Receiver shall have the right, on its own or through a listing agent engaged by Receiver, to list the Property or any portion thereof for lease. Receiver may negotiate the terms of any such lease with a third-party; provided, however, effectiveness of any lease of the Property, or any portion thereof, shall be contingent upon Receiver obtaining Plaintiffs consent thereto,which consent shall not be unreasonably withheld, conditioned or delayed (and, upon effectiveness, such lease shall be a"Permitted Lease"). Any Permitted Lease shall be binding upon Plaintiff and Defendant, their respective successors and assigns,and all subsequent owners of the Property(a"Subsequent Owner") including, without limitation,any purchaser of the Property in foreclosure. Any prospective tenant at the Property shall be entitled to rely upon this Order and the authority granted hereby to the Receiver. 6. Receiver shall have the right and authority,on its own or through a listing agent engaged by Receiver, to list the Property or any portion thereof for sale. Receiver may negotiate and enter into contracts for the sale of any portion of the Property without Court approval; provided, however, any such contract and the closing of any such sale shall be expressly contingent upon approval of Plaintiff and a separate written order of this Court(a "Permitted Contract"). Upon approval of a Permitted Contract by Plaintiff and this Court. Receiver shall (subject to the terms of any applicable order)thereupon have the authority to execute, on behalf of, or as a representative for, Defendant,any and all documents and agreements reasonably necessary to close a Permitted Contract and convey the property subject thereto including, but not limited to,an appropriate deed and other closing documents. All prospective purchasers and other interested third-parties (such as title companies and other closing agents)shall be entitled to rely on the foregoing authorization. 7. To the extent that Receiver desires to take any action that would constitute a default under the terms of the Loan Documents if otherwise taken by Defendant, Receiver shall first obtain approval of the Court, after notice to all parties. 8. Receiver may, from time to time and without Court approval, issue Receiver's Certificates in exchange for funds advanced by Plaintiff or any third party, which Receiver's Certificates shall bear interest at a rate reasonably acceptable to Receiver and the advancing 7 party,and which Receiver's Certificates shall be an automatic first lien and preference claim upon the Property, prior to all other liens and encumbrances(except statutory liens), and which may be recorded in the real property records in the county where the Property is located; provided,however,any Receiver's Certificate issued to a party other than Plaintiff shall require prior Court approval. Any lien securing a Receiver's Certificate may be released of record by a Certificate of Release of Lien executed by Receiver and recorded in the county where such lien was previously recorded. All funds advanced by Plaintiff in exchange for a Receiver's Certificate shall be added to the outstanding indebtedness evidenced by the Note. 9. Receiver is hereby authorized to apply the rents, revenues, income, issues and profits collected by Receiver in connection with the management and operation of the Property: first,to the Receiver's compensation as ordered below;second,to the other costs and expenses of the Receivership, including any management fees,attorney fees and other out-of pocket expenses incurred by Receiver in connection with the Receivership;third, to the costs of operating, maintaining and repairing the Property; fourth,to payment of expenses of the Property, including but not limited to payment of real and personal property taxes, insurance, water and sanitation bills and operating expenses; fifth, to establishing commercially reasonable reserves; sixth, to repay all sums borrowed by Receiver as evidenced by Receiver's Certificates;seventh, whenever sufficient funds are available for such purpose, Receiver shall make principal and interest payments toward any loans which are secured by a lien on the Property, in the order of their priority, and eighth, to a fund to be held by Receiver in an interest-bearing account, pending further order of this Court. 10. Defendant, its agents or any other third parties in possession of any documents or other information necessary for Receiver to carry out its duties are ordered to deliver immediately over to Receiver or its agents all of the Property now in its possession, and any Property received after the date of the Order,endorsed to Receiver when necessary, and to continue to deliver immediately to Receiver any such property received at any time in the future and to permit Receiver to carry out its duties hereunder without interference. Defendant and its agents shall fully communicate with Receiver and explain the operation, maintenance and management of the Property and will cooperate with Receiver in carrying out Receiver's duties under this Order. 11. Defendant shall identify and disclose to Receiver all portions of the Property not within Defendant's immediate control and possession and shall cooperate and assist Receiver in obtaining possession or control. as required by Receiver,of any such Property and all third parties(including, but not limited to,any architect, surveyor,engineer) possessing Property subject to this receivership Order are hereby ordered to transfer, assign and turn over to Receiver any Property owned by Defendant and requested or demanded by Receiver. 12. With respect to any items required to be turned over to Receiver under this Order, Receiver may, in Receiver's sole discretion,accept photocopies of such documents accompanied. in each case, by the certificate of the person delivering the copy that such document is a true, correct, and complete copy of the original. In such event, Receiver shall 8 have the right at any reasonable time,on reasonable notice,to inspect the originals of such documents. 13. Except as may be expressly authorized by this Court after notice and hearing, the Defendant and its agents,employees and contractors are enjoined from: a. Collecting any revenues,or withdrawing funds from any bank or other depository account relating to the Property; b. Entering upon the Property without the prior express written consent of Receiver, which consent shall not be unreasonably withheld; c. Removing, destroying,or otherwise disposing of or concealing any of the Property; d. Terminating, or causing to be terminated, any license, permit, lease. contract or agreement relating to the Property (including, without limitation,any utility account(s))or the operation of any of the businesses on such property; e. Continuing any efforts to sell, lease, market, hypothecate, transfer or encumber the Property,or any portion thereof, in whole or in part; f. Continuing or permitting, directly or indirectly, any construction work or other alteration of the Property or any change or modification to any entitlement affecting the Property(except to the extent requested by Receiver); g. Altering,erasing, or destroying any books or records relating to the Property;or, h. Otherwise interfering with the operation of the Property or the discharge of Receiver's duties hereunder. 14. Defendant shall: a. Promptly provide to Receiver the names and contact information for all contractors, management companies, utility providers and other agents or service providers currently providing security,maintenance,utilities,construction or improvement work,or other services in connection with the Property; b. Deliver immediately over to Receiver or its agents all Property described above, including, without limitation, all of Defendant's Equipment, General Intangibles, Inventory, Receivables, Investment Property, all payment intangibles, instruments,company books and records,documents,chattel paper,deposit and all other accounts, and letter-of-credit rights(as such terms are defined in the UCC); together with(i) all substitutions and replacements for and products of any of the foregoing; (ii)proceeds of any and all of the foregoing:(iii) in the 9 case of all tangible goods, all accessions; and(iv)all accessories,attachments,parts, equipment and repairs now or hereafter attached or affixed to or used in connection with any tangible goods whether now owned or hereafter acquired,and all other things of value relating to the Property (including without limitation all funds on deposit in all bank accounts of the Defendant and such records and other papers in its possession or under its control as may be pertinent to the status of the Property and Receiver's collection and liquidation thereof) properly endorsed to Receiver when necessary; c. Continue to deliver immediately to Receiver all collections of proceeds of the Property, including accounts receivable, other collections, books and other records relating to the operation, maintenance and management of the corporation or the Property, and to permit Receiver to carry out his duties hereunder without interference; and, d. Disclose to Receiver any assets of the Defendant which Defendant believes are not a part of the Property. 15. The Defendant or anyone else in possession of records related to the Property shall respond in a timely fashion to requests and inquires of Receiver concerning such records, recordkeeping protocols, filing systems, information sources, algorithms and processes used to manipulate data,and similar matters. With respect to any information or records stored in computer-readable form or located on computers of the borrower or the person in possession of the records,such person shall provide Receiver full access to all media on which such records are located and all computers and the necessary application,system,and other software necessary to review, understand, print,and otherwise deal with such computerized records. 16. Receiver,or any party to this action, may at any time, on proper and sufficient notice to all parties who have appeared in this action,apply to this Court for further instructions whenever such instructions shall be deemed to be necessary to enable Receiver to perform the duties of its office properly. 17. Any and all debts, liabilities or obligations incurred by Receiver in the course of this Receivership, including the operation or management of the Property, whether in the name of the Receiver, the Property, or the receivership estate. shall be the debt, liability,and obligation of the receivership estate only and not of Receiver or any employee or agent of Receiver, personally. Receiver shall not be obligated to advance any of its own monies to make improvements to, or to rehabilitate the Property,or incur or pay any other expenses or bills in connection with the Receivership or in connection with its duties as Receiver. Neither Receiver. the Receivership, nor those agents of Receiver acting under its control, shall have any personal liability in connection with any obligations owed to creditors of Defendant. No person or entity may file suit against Receiver, in their capacity as Receiver, unless otherwise authorized in advance by this Court. 18. In the event that a cure of any foreclosure of any real property that is subject to this receivership is tendered,or a foreclosure sale of any real property is held and the real property is redeemed, the redemption or cure amount shall include costs of this receivership, 10 including,without limitation,all of Receiver's fees,expenses of preserving and protecting the real property,and reasonable attorneys' fees,all funds advanced by the Plaintiff to Receiver for the purposes permitted hereby,plus all other expenses incurred by Receiver in the care and maintenance of the real property,including the payment of taxes,insurance, utility costs and such other expenses as are necessary. 19. Except as may be expressly authorized by Receiver or by application to this Court, no person may buy,sell,or otherwise transfer any Property whatsoever. 20. Sheriff's assistance to enforce the terms of this Order in the form of peace-keeping duties is hereby authorized. 21. Nothing herein contained shall be construed as interfering with or invalidating any lawful lien or claim by any person or entity. 22. Nothing herein may be construed as obligating Plaintiff for the costs and expenses of Receiver nor require Plaintiff to advance funds to Receiver to meet any operating or capital needs of the Property. In the event that there are insufficient funds to repay any receivership expenses actually advanced by Receiver, Receiver(but no third party) shall have a lien encumbering the Property having a priority immediately senior to that of the Deed of Trust and to those of any Receiver's Certificates issued pursuant to this Order. Receiver is hereby authorized to execute and record in the Clerk and Recorder's Office for any county in which the Property is located Certificates of Lien putting third parties on notice of such liens. Upon payment or reimbursement,any such lien shall be released of record by a Certificate of Release of Lien executed by Receiver and recorded in the county where such Certificate of Lien was previously recorded. Receiver shall be entitled to all costs and expenses associated with enforcing such lien(s), including its reasonable attorneys' fees,and such amount shall be secured by such lien(s). 23. Nothing herein may be construed as prejudicial to any other right or remedy of Plaintiff under the Loan Documents or as may be available at law or in equity. 24. All real and personal property lessors to the Defendant are hereby enjoined,for a period not to exceed thirty (30)days from entry of this Order,from seizing,or preventing the Receiver from taking possession of, the Property,or any portion thereof. Delivery of a copy of this Order on any such lessor shall serve as formal notice of this Order and the lessor's obligations under this paragraph. 25. Receiver shall have no personal liability in connection with their conduct in the course of the receivership,except for claims arising out of his failure to comply with the orders of this Court. All who are acting,or have acted,on behalf of the Receiver at the request of the Receiver,are protected and privileged with the same protections of this Court as the Receiver has. 26. Receiver shall keep detailed books and records related to the administration of the 11 receivership estate and shall account to this Court for all sums received and expenditures made, and shall file periodic reports to this Court from time to time; provided, that such periodic reports shall not be required more than once every three months. 27. Plaintiff shall have the right to apply to the Court for removal or replacement of the Receiver at any time with or without cause,and the Court shall approve such request unless it is shown that such request is made in bad faith. Receiver may request to resign upon not less than thirty(30)days notice effective upon the tiling of a motion with the Court with notice to Plaintiff and Defendant. Upon removal or resignation,the Court shall discharge Receiver and release any bond(and its surety)posted by such Receiver and, if requested by Plaintiff and approved by the Court,appoint a substitute receiver. 28. For any action which Receiver requests or is required to obtain Court approval or authorization, Receiver shall be presumed to be acting in the best interest of the receivership estate and Court approval shall be granted as a matter of course unless objection to such action is filed within seven(7) business days after service of written notice by Receiver of Receiver's application or motion to this Court upon anyone entering an appearance in this action or who is known to have an interest in the Property. Service of a copy of a Receiver's Motion under Rule 5, C.R.Civ.P. shall constitute service of written notice hereunder. Service of motions by facsimile and electronic transmission is acceptable. Plaintiff or Receiver may from time to time request that the Court enter additional orders to supplement,clarify or amend this Order. 29. In the event the Plaintiff assigns its interests in the Loan and its entitlement to the Property or its proceeds to a third party,then such third party shall be the successor and assign of the Plaintiff in connection with all obligations imposed upon,and all rights of, the Plaintiff pursuant to the Order. 30. In the event the Plaintiff assigns its interests in the Loan and its entitlement to the Property or its proceeds to a third party,then such third party shall be the successor and assign of the Plaintiff in connection with all obligations imposed upon, and all rights of, the Plaintiff pursuant to this Order and may enter an appearance in this action and file a notice of substitution. 31. The receivership created by this Order shall continue until Receiver is discharged by the Court; provided,however, Receiver may turnover possession of the Property and receivership estate upon (a) sale or lease(or to the extent sold or leased)of the Property by Receiver in accordance herewith; or(b)the issuance of a confirmation deed (and expiration of any applicable redemption periods)with respect to the foreclosure of the real property subject to this Order. Upon conclusion of the receivership, Receiver shall endeavor to wind up the Receivership expeditiously in cooperation with Plaintiff or otherwise at the direction of the Court. If no objections to the final report and motion for discharge have been delivered to the Court,the Receiver, and other parties having entered their appearance in this proceeding, by first class mail to such address as is reflected in the Court records within fifteen (15)days after the final report and motion for discharge are filed with the Court, the final report will be accepted by the Court,the Court will enter an order terminating the Receivership and discharging Receiver 12 and releasing any bond posted by Receiver and the surety on such bond. 32. Plaintiff shall give notice of the appointment of Receiver by providing a copy of this Order to the Defendant as provided in C.R.C.P. 4. Pursuant to C.R.C.P. 66(dX3),Receiver shall provide written notice of the action to any persons in possession of the Property otherwise affected by this Order. 33. Receiver shall execute and file forthwith an oath of receiver. 34. As compensation for Receiver's services to be rendered in this case. Receiver may charge,and pay itself from the receivership estate, (a)a monthly fee of$3,600.00 per month, (b) a $3,600.00 set-up fee for the transition of books,records,leases and overall management,(c)a seven percent(7%)construction management fee on all construction projects over$10,000.00 in total cost,(d)$75.00 per hour for services requiring the services of Receiver's on-staff environmental specialist,(e)$195.00 per hour necessary or required for principals of Receiver to attend court appearances,(f)in the event of any sale of the Property(subject to Court approval in accordance with this Order),a disposition fee equal to one percent(1%)of the sales price of the Property, and(g)reimbursement(without markup or additional fee)for travel expenses. 35. Receiver shall file a bond in this action in the amount of$25,000.00. DATED: AUG 2 4 2012 BY THE COURT: CiE)CUm,a-ei CU*4, District Court Judge 13 Esther Gesick From: Bruce Barker " A' Sent: Monday, October 29, 2012 3:23 PM To: Stephen Whitmore; Jennifer Fuller Cc: Esther Gesick; Mary Even; Bob Choate; Lauren Light; Trevor Jiricek Subject: RE: Continuance Mr. Whitmore: I received your voice-mail message and this request for continuance of the review hearing set for Monday, November 5, 2012. Please be advised that only the Board of County Commissioners,sitting as the Board of Health, may continue the matter. The continuance would need to be to a Monday or Wednesday, so probably it would be November 7`h. We will forward your request to the Board for consideration on the 5th . Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150"O" Street Greeley, CO 80632 (970) 356-4000, ext.4390 Fax: (970) 352-0242 cc.1/4 Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Stephen Whitmore [mailto:swhitmoreCalgcmlawvers.coml Sent: Monday, October 29, 2012 12:46 PM To: Jennifer Fuller Cc: Esther Gesick; Bruce Barker; Mary Evett; Bob Choate; Lauren Light; Trevor Jiricek Subject: Dear Ms. Gesick and Ms. Fuller, By way of introduction, I represent M. Shapiro Development Company LLC, a Michigan limited liability company ("Receiver"), which has been appointed receiver of the Rocky Mountain Vista Mobile Home Park("Community") in Weld County. As you may be aware, a hearing was conducted on October 19, 2012 before the Board of County Commissioners sitting at the Board of Health to discuss issues relating to the release of effluents at the Community. In the Findings of Fact and Order of Abatement issued by the Board after that meeting, a follow-up meeting was scheduled for November 5, 2012, Mark Kassab, a representative of the Receiver would like to attend the November 5, 2012 hearing, but he is already scheduled to appear in court on an unrelated matter in Michigan, and therefore unavailable. Accordingly, Mr. Kassab has asked me to request that the Board conduct the follow-up meeting on November 2 or November 6, 2012. As this is a very important matter to the Receiver and the citizens of Weld County, and the hearing was scheduled without 1 regard to the Receiver's availability, we're hoping that the Board might be able to reschedule the matter for the 2nd or the I'm contacting you in the hope that can forward this request to the appropriated individual or individuals. As you can see, I have also cc'd Mr. Barker and Mr. Choate of the Weld County Attorney's Office, and Ms. Evett, Ms. Light and Mr. Jiricek of the Weld County Department of Health and Environment. I have also left a detailed voicemail message for Mr. Barker on this subject. Please let me know at your earliest convenience if it is possible to have the meeting time changed or let me know to whom I might speak about this directly. Your assistance is greatly appreciated. Regards, Steve Whitmore GARY C. MOSCHETTI & ASSOCIATES, LLC 4704 Harlan Street, Suite 340 Denver, Colorado 80212 (303) 832-2800 (303) 832-2811 (fax) This email message is for the sole use of the intended recipient (s) and may include confidential and privileged information. If you are not the intended recipient, please contact the sender by reply email, and destroy all copies of the original message. This correspondence, including any attachments, is not intended or written to be used, and cannot be used, by any person for the purpose of avoiding penalties that may be imposed under Federal tax laws. This statement is made in compliance with Circular 230, 31 C.F.R. Part 10. For any questions regarding this statement, please contact Gary C. Moschetti &Associates, LLC. 2 Esther Gesick From: Lauren Light Sent: Friday, November 02, 2012 11:07 AM To: Bob Choate; Bruce Barker; Esther Gesick Subject: FW: Rocky Mountain MHP/ NOV-CD-CUO Attachments: Rocky Mtn Vista MHP (MSDCLLC) NOV-CD-CUO (JC 11-2-12).pdf; Rocky Mtn Vista MHP (RMVLP) NOV-CD-CUO (JC 11-2-12).pdf Can we distribute this to the Board for the Monday hearing, please? Thank you. Lauren Light, M.B.S. Environmental Planner, Environmental Health Services Weld County Department of Public Health & Environment 1555 N. 17th Ave. Greeley, CO 80631 IIightfa)co.weld.co.us 970-304-6415 Ext. 2211 (office) 970-304-6411 (fax) IfJ�r• — A rl Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Zigler, Russell [mailto:russell.zigler@state.co.us] Sent: Friday, November 02, 2012 10:42 AM To: Trevor Jiricek; Mary Evett; Lauren Light Cc: Joseph Campbell; Mike Harris Subject: Re: Rocky Mountain MHP/ NOV-CD-CUO Hello Trevor, Mary and Lauren: I've attached the recently issued Notice of Violation/Cease and Desist/Clean-up Order(No. DO-121102-1) concerning Rocky Mountain Vista Mobile Home Park for your reference (one for each responsible party). Best regards, Russell Zigler Water Quality Control Division Colorado Department of Public Health& Environment 4300 Cherry Creek Drive South Denver, CO 80246-1530 303-692-3546 I russell.zigler@state.co.us --g°1;12C' L• ,1i8-g 1 STATE OF COLORADO John W.Hickenlooper,Governor c Christopher E.Urbina,MD,MPH 0_ Executive Director and Chief Medical Officer Ne: Dedicated to protecting and improving the health and environment of the people of Colorado * 4300 Cherry Creek Dr.S. Laboratory Services Division •rave * Denver,Colorado 80246-1530 8100 Lowry Blvd. Phone(303)692-2000 Denver,Colorado 80230-6928 Colorado Department c Located in Glendale,Colorado (303)692-3090 of Public http://www.cdphe.state.co.us and Environment November 2,2012 Pacific Registered Agents, Inc. Rocky Mountain Vista Limited Partnership Certified Mail Number: 7012 1010 0002 1 774 3637 44 Cook St, Suite 100 Denver, CO 80206 Mr. Gary C. Moschetti, Registered Agent M. Shapiro Development Company LLC Certified Mail Number: 7012 1010 0002 1774 3644 4704 Harlan St, Suite 340 Denver,CO 80212 RE: Service of Notice of Violation/Cease and Desist/Clean-up Order,No.: DO-121102-1 Dear Pacific Registered Agents,Inc. and Mr. Moschetti: Rocky Mountain Vista Limited Partnership ("RMVLP") and M. Shapiro Development Company LLC ("MSDCLLC") are hereby served with the enclosed Notice of Violation/Cease and Desist / Clean-up Order (the "NOV/CDO/CUO"). This NOV/CDO/CUO is issued by the Colorado Department of Public Health and Environment's Water Quality Control Division (the "Division") pursuant to the authority given to the Division by §§25-8-602, 25-8-605 and 25-8- 606, C.R.S., of the Colorado Water Quality Control Act, (the "Act"). The Division bases this NOV/CDO/CUO upon findings that RMVLP and MSDLLC have violated the Act, and/or regulations promulgated pursuant to the Act, as described in the enclosed NOV/CDO/CUO. Pursuant to §25-8-603, C.R.S., RMVLP and MSDLLC are required, within thirty (30) calendar days of receipt of this NOV/CDO/CUO, to submit to the Division an answer admitting or denying each paragraph of the Findings of Fact and responding to the Notice of Violation. This action could result in the imposition of civil penalties. The Division is authorized pursuant to §25-8-608, C.R.S. to impose a penalty of$10,000 per day for each day during which such violation occurs. Please be advised that the Division is continuing its investigation into this matter and the Division may identify supplementary violations that warrant amendments to this NOV/CDO/CUO or the issuance of additional enforcement actions. Rocky Mountain Vista Limited Partnership and M.Shapiro Development Company LLC Notice of Violation/Cease and Desist/Clean-up Order Page 2 of 2 Should you or representatives of RMVLP and/or MSDLLC desire to discuss this matter informally with the Division,or if you have any questions regarding the NOV/CDO/CUO,please do not hesitate to contact Joe Campbell of this office by phone at (303) 692-2356 or by electronic mail at joseph.campbell@state.co.us. Sincerely, Michael Harris,Interim Unit Manager Clean Water Compliance &Enforcement Unit WATER QUALITY CONTROL DIVISION Enclosure(s) cc: Enforcement File ec: Trevor Jiricek,Weld County Dept. of Public Health and Environment Natasha Davis,EPA Region VIII Gary Halbersleben,Engineering Section,CDPHE Dick Parachini,Watershed Program, CDPHE Janet Kieler,Permits Section,CDPHE Michael Beck,Grants and Loans Unit,CDPHE Joe Campbell, Case Person Tania Watson,Clean Water Compliance&Enforcement Unit,CDPHE ' COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT DIVISION OF ADMINISTRATION 4 • ,t WATER QUALITY CONTROL DIVISION NOTICE OF VIOLATION/CEASE AND DESIST ORDER/CLEAN-UP ORDER NUMBER: DO-121102-1 IN THE MATTER OF: ROCKY MOUNTAIN VISTA LIMITED PARTNERSHIP and M. SHAPIRO DEVELOPMENT COMPANY LLC ROCKY MOUNTAIN VISTA MOBILE HOME PARK UNPERMITTED WELD COUNTY,COLORADO Pursuant to the authority vested in the Colorado Department of Public Health and Environment's (the "Department") Division of Administration by §§25-1-109 and 25-8-302, C.R.S., which authority is implemented through the Department's Water Quality Control Division(the "Division"), and pursuant to §§25-8-602 and 25-8-605, the Division hereby makes the following Findings of Fact and issues the following Notice of Violation/Cease and Desist Order/Clean-up Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. At all times relevant to the alleged violations identified herein, Rocky Mountain Vista Limited Partnership ("RMV") was an Arizona limited partnership in good standing and registered to conduct business in the State of Colorado. 2. At all times relevant to the alleged violations identified herein, M. Shapiro Development Company LLC ("Shapiro")was a Michigan limited liability company in good standing and registered to conduct business in the State of Colorado. 3. RMV and Shapiro are "persons" as defined under the Water Quality Control Act, §25-8-103(13), C.R.S. and its implementing permit regulation, 5 CCR 1002-61, §61.2(73). 4. RMV owns and/or operates Rocky Mountain Vista Mobile Home Park and its wastewater treatment system, located at 12623 County Road 6, near the Town of Brighton, Weld County, Colorado, (the "Facility"). 5. On August 24, 2012, Shapiro was appointed as receiver for the Facility pursuant to an Order of the Weld County District Court in its Case Number 2012CV671, and thereby took physical possession, management, and operation of the Facility. Rocky Mountain Vista Limited Partnership M.Shapiro Development Company LLC Notice of Violation/Cease and Desist Order/Clean-up Order Page 1 of 9 Unauthorized Discharge and Land Application without a Permit 6. Wastewater (raw, untreated sewage) is collected and conveyed at the Facility through service/collection lines from the various buildings associated with the mobile home park to numerous septic tanks that are located throughout the property where solids separation and limited biological treatment occurs. These septic tanks are connected to a dispersal field with infiltration/absorption beds located to the south of the mobile home park where the effluent is applied directly to the ground and discharged to groundwater. 7. The Facility's wastewater treatment system is a"domestic wastewater treatment works" as defined by §25-8-103(5), C.R.S. 8. The Facility's domestic wastewater treatment works is a"point source" as defined by §25-8-103(14), C. R. S. and its implementing permit regulation, 5 CCR 1002-61, §61.2 (75). 9. Groundwater is "state waters" as defined by §25-8-103(19), C.R.S. and its implementing permit regulation, 5 CCR 1002-61, §61.2 (102). 10. Sewage, including partially treated sewage, is a"pollutant" as defined by §25-8-103(15), C. R. S. and its implementing permit regulation, 5 CCR 1002-61, §61.2 (76). 11. The Facility's application of its effluent directly to the ground constitutes "land application" as defined by 5 CCR 1002-61, section 61.2(48). 12. Pursuant to §25-8-501(1), C.R.S. and 5 CCR 1002-61, §61.3(1)(a), no person shall discharge any pollutant into any state water from a point source without first having obtained a permit from the Division for such discharge, and no person shall discharge into a ditch or man-made conveyance for the purpose of evading the requirement to obtain a permit under this article. 13. Pursuant to 5 CCR 1002-61, §61.14(1)(a), a permit shall be required for all land application unless: a. The discharge is exempted under 5 CCR 1002-61, §61.14(1)(b); b. The discharge is subject to regulation by one of the implementing agencies described in 5 CCR 1002-61, §61.14(2); c. The owner of a land application system can demonstrate that: (i) the design and operation of the system will result in complete evapotranspiration of the effluent; (ii) there is adequate storage provided for the effluent during periods of inclement weather or where the ground has been frozen unless the provisions of(i) above can be met during the entire year; and, (iii) any augmentation plan or substitute supply plan for the land application site does not provide a credit for return of the effluent to ground water. 14. On December 13, 2011, representatives of the Division (the "Division Inspectors") conducted an on- site inspection of the Facility. During the inspection, the Division Inspectors noted that partially treated sewage had discharged to a ditch connected to two makeshift,tarp-lined lagoons that had been constructed in the area of a portion of the Facility's dispersal field. It was noted by the Division Rocky Mountain Vista Limited Partnership M.Shapiro Development Company LLC Notice of Violation/Cease and Desist Order/Clean-up Order Page 2 of 9 Inspectors that broken PVC infiltrator pipe was evident throughout the area and that the existing infiltration/absorption beds had been damaged and, therefore, were not able to treat sewage as designed. 15. On December 14, 2011, the Division sent RMV a Compliance Advisory detailing the findings of the December 13, 2011 on-site inspection. In the letter, the Division advised RMV that the discharge constituted an unauthorized discharge of pollutants from a point source in violation of§25-8-501(1) of the Colorado Water Quality Control Act. 16. On December 15, 2011, the Division Inspectors conducted another on-site inspection of the Facility. The Division Inspectors noted that partially treated sewage, also evident during the December 13, 2011 inspection, had discharged to a ditch in the same area at the Facility. During this inspection, the Division Inspectors collected water samples from the ditch and both makeshift lagoons and had the samples analyzed for numerous analytes that would typically be found in sewage, including E.coli and Total Coliform. Analytical results of the collected samples are listed in the following table: y - T 3 f l; 'f 'S bit " 6.,5 Analyte Small Lagoon Large Lagoon Ditch BOD 130 mg/L 73 mg/L 130 mg/L Nitrogen,Nitrate/Nitrite 0.052 mg/L 0.12 mg/L 0.14 mg/L Total Nitrogen 55 mg/L 36 mg/L 47 mg/L Total Suspended Solids 27 mg/L 48 mg/L 44 mg/L E. coli >241.92 mg/L 198.63 mg/L >241.92 mg/L Total Coliform >241.92 mg/L >241.92 mg/L >241.92 mg/L 17. In response to the Division inspections and Compliance. Advisory, RMV cleaned up the discharged sewage and informed the Division that a redesign of Facility's domestic wastewater treatment works was in the engineering stages and would be submitted to the Division for approval. 18. On February 28, 2012, the Division issued site location approval to RMV for a new domestic wastewater treatment works at the Facility. The Division understood that construction would likely occur during the spring and summer of 2012. 19. On October 12, 2012, representatives of Weld County (the "Weld County Inspectors") conducted an on-site inspection of the Facility. During the inspection, the Weld County Inspectors noted that partially treated sewage was again collecting on the ground to the south of the mobile home park in the area observed during the December 2011 Division inspections. However, during this inspection it was noted that the ditch and makeshift lagoons observed during the December 2011 site visits were no longer evident and in their place was an underground storage tank that appeared to have been recently installed. 20. On October 19, 2012, a Division Inspector conducted another on-site inspection of the Facility. The Division Inspector observed that RMV had not initiated construction of a new domestic wastewater treatment works at the Facility. The Division Inspector observed partially treated sewage on the Rocky Mountain Vista Limited Partnership M.Shapiro Development Company LLC Notice of V iolation/Cease and Desist Order/Clean-up Order Page 3 of 9 ground to the south of the mobile home park in the area observed during the October 12, 2012 Weld County inspection. In addition, the Division Inspector observed partially treated sewage percolating up from the subsurface near the underground storage tank and then flowing on the surface of ground toward, into and around the storage tank. The storage tank was observed to be full of partially treated sewage. The area where the Division Inspectors observed the partially treated sewage percolating up from the subsurface was in the area of the Facility's dispersal field, thus indicating that the dispersal field, or a portion of the dispersal field,had failed and was not performing as designed/constructed. 21. Division records establish that neither RMV nor Shapiro have a permit authorizing the discharge of domestic sewage or partially treated sewage from the Facility to groundwater. 22. Division records establish that neither RMV nor Shapiro have a permit authorizing the land application of domestic sewage or partially treated sewage at the Facility. 23. RMV's and/or Shapiro's land application of partially treated sewage at the Facility, as described in paragraphs 6 and 11, does not meet any of the exemption criteria of 5 CCR 1002-61, §61.14(1)(a), and therefore is subject to the land application discharge permit requirements. 24. RMV's and/or Shapiro's discharge of domestic wastewater from the Facility onto the ground, as described above, constitutes an unauthorized land application in violation of 5 CCR 1002-61.14(1)(a). 25. RMV's and/or Shapiro's ongoing discharge of domestic sewage from the Facility into groundwater constitutes a"discharge of pollutants"as defined by §25-8-103(3), C. R. S. 26. RMV's and/or Shapiro's ongoing discharge of partially treated sewage into groundwater constitutes an unauthorized discharge of pollutants from a point source into state waters in violation of §25-8- 501(1), C.R.S. NOTICE OF VIOLATION 27. Based on the foregoing Findings of Fact and Conclusions of Law, you are hereby notified that the Division has determined RMV and Shapiro have violated the following sections of the Colorado Water Quality Control Act and its implementing permit regulations: Section 25-8-501(1), C.R.S., which states in part, "No person shall discharge any pollutant into any state water from a point source without first having obtained a permit from the division for such discharge, and no person shall discharge into a ditch or man-made conveyance for the purpose of evading the requirement to obtain a permit under this article." 5 CCR 1002-61 §61.3(1)(a), which states in part, "No person shall discharge any pollutant into any state water from a point source without first having obtained a permit from the Division for such discharge..." 5 CCR 1002-61 §61.14(1)(a), which states in part, "Pursuant to this section a permit shall be required for all land application discharges..." Rocky Mountain Vista Limited Partnership M.Shapiro Development Company LLC Notice of Violation/Cease and Desist Order/Clean-up Order Page 4 of 9 REQUIRED CORRECTIVE ACTION Based upon the foregoing factual and legal determinations and pursuant to §§25-8-602, 25-8-605 and 25- 8-606, C.R.S.,RMV and Shapiro are hereby ordered to: 28. Cease and desist from all violations of the Colorado Water Quality Control Act, §§25-8-101 through 25-8-803, C.R.S., and its implementing regulations promulgated thereto. Furthermore, the Division hereby orders RMV and Shapiro to comply with the following specific terms and conditions of this Order: 29. RMV and/or Shapiro shall immediately initiate measures to stop any ongoing surface releases of sewage or other pollutants from the Facility's wastewater treatment system to the ground. This includes stopping partially treated sewage from percolating up from the subsurface and collecting in the Facility's dispersal field(as observed on October 19, 2012)or any other areas of the Facility. 30. Within two (2) calendar days of receipt of this Order, in order to prevent human exposure to the surface release of sanitary waste, RMV and/or Shapiro shall post warning signs and install and maintain a barrier fence around each area impacted by the release of sewage at the Facility. 31. RMV and/or Shapiro shall immediately initiate measures to collect and properly dispose of any ongoing surface releases of sewage or other pollutants from the Facility's wastewater treatment system. Within seven (7) calendar days of receipt of this Order, RMV and/or Shapiro shall submit to the Division a written description of how RMV and/or Shapiro is managing the collection and disposal of surface releases of sewage and how RMV and/or Shapiro intends to stop any ongoing surface releases of sewage from the Facility. 32. RMV and/or Shapiro shall notify the Division, as soon as RMV and/or Shapiro has knowledge thereof, of any spills or discharges from the Facility that may cause pollution of waters of the state in accordance with §25-8-601(2), C.R.S. RMV and/or Shapiro shall also mitigate the effects of such spills or discharges by any means reasonably available to the Facility. RMV and/or Shapiro shall indicate what mitigation efforts they will implement or plan to implement when notifying the Division of such spills or discharges. 33. Within thirty (30) calendar days of receipt of this Order, RMV and/or Shapiro shall prepare and submit for Division review and approval a written plan to evaluate, characterize and remediate (if necessary) sewage contaminated soils at the Facility. The plan shall include, at a minimum, the following: a. A map, to scale, showing the location of all equipment and structures (both above ground and below ground)related to the Facility's use,handing and disposal of sewage; b. A detailed description of the methodology to be used to evaluate, characterize and remediate sewage contaminated soils at the Facility; and c. An implementation schedule for the proposed assessment, characterization and remediation activities at the Facility. Rocky Mountain Vista Limited Partnership M.Shapiro Development Company LLC Notice of Violation/Cease and Desist Order/Clean-up Order Page 5 of 9 The submitted plan and implementation schedule shall become a condition of this Order and RMV and/or Shapiro shall implement the plan and implantation schedule as submitted unless notified by the Division, in writing, that alternate measures and/or time schedules are appropriate. If the Division imposes alternate measures and/or time schedules, they shall also become a condition of this Order 34. Within seven (7) calendar days of receipt of this order, RMV and/or Shapiro shall retain a qualified individual or entity (such as a professional engineer, specifically experienced in sanitary sewer treatment and design) to evaluate and recommend interim measures and improvements to the Facility's domestic wastewater collection and treatment systems to ensure ongoing compliance with applicable Federal, State, and Local laws and regulations. The evaluation shall consider, but not be limited to, the following: a. An evaluation of the applicability of the Colorado Water Quality Control Act, §§25-8-101 to 703, C.R.S. (specifically including the site approval/design approval and permitting requirements) and/or the Colorado Individual Sewage Disposal Systems Act, §25-10-101 through 113, C. R. S.,as they relate to any proposed wastewater treatment improvements; b. An evaluation and recommendation of specific short-term and long-term improvements for the Facility's wastewater collection, treatment and disposal methods, including development of a detailed description of the proposed improvements; and c. An evaluation of the interim measures that may be employed to mitigate the effects of sewage releases to the surface of the ground until such time that the surface releases have ceased. 35. Within ten (10) calendar days of receipt of this order, RMV and/or Shapiro shall provide documentation to the Division that it has retained the services of the qualified individual or entity identified in paragraph 34 above. This documentation shall include at, a minimum, a copy of the individual or entity's qualifications and a copy of the written contract or agreement for such services, including a copy of the scope of services to be provided. 36. Within forty-five (45) calendar days of receipt of this order, RMV and/or Shapiro shall submit in writing to the Division a final report on the findings of the evaluation identified and outlined in paragraph 34 above. Along with the findings of the evaluation, the report must identify, for each criterion, specific interim, short-term, and long-term measures that will be taken by RMV and/or Shapiro to rectify deficiencies identified in the Facility's wastewater collection,treatment and disposal systems. For each interim, short-term and long-term measure identified, RMV and/or Shapiro shall also submit a time schedule for completion of each measure. The implementation time schedule submitted must identify completion of all measures by no later than August 31, 2013. The measures and time schedule submitted shall become a condition of this Order, and RMV and/or Shapiro shall implement the measures and time schedule as submitted unless notified by the Division, in writing, that alternate measures and/or time schedules are appropriate. If the Division imposes alternate measures and/or time schedules,they shall also become a condition of this Order. 37. RMV and/or Shapiro shall submit "Progress Reports" to the Division every thirty (30) calendar days. The first report shall be submitted to the Division by November 30, 2012. At a minimum, each report shall indicate the status of the activities undertaken to comply with this Order at the time the report is filed, and outline the activities to be undertaken within in the next thirty(30)calendar days. Rocky Mountain Vista Limited Partnership M.Shapiro Development Company LLC Notice of Violation/Cease and Desist Order/Clean-up Order Page 6 of 9 NOTICES AND SUBMITTALS For all documents, plans, records, reports and replies required to be submitted by this Notice of Violation / Cease and Desist Order / Clean-up Order, RMV and/or Shapiro shall submit an original and an electronic copy to the Division at the following address: Colorado Department of Public Health and Environment Water Quality Control Division/WQCD-CWE-B2 Compliance Assurance Section Attention: Joe Campbell 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 Telephone: (303) 692-2356 Email: joseph.campbell@state.co.us Fax: (303) 782-0390 (For any facsimile transmittals,please include a cover sheet addressed to Mr. Joseph Campbell.) For any person submitting documents, plans, records and reports pursuant to this Notice of Violation / Cease and Desist Order / Clean-up Order, that person shall make the following certification with each submittal: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information,the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." OBLIGATION TO ANSWER AND REQUEST FOR HEARING Pursuant to §25-8-603, C.R.S. and 5 CCR 1002, §21.11 you are required to submit to the Division an answer affirming or denying each paragraph of the Findings of Fact and responding to the Notice of Violation. The answer shall be filed no later than thirty(30) calendar days after receipt of this action. Section 25-8-603, C.R.S. and 5 CCR 1002, §21.11 also provide that the recipient of a Notice of Violation may request the Division to conduct a public hearing to determine the validity of the Notice, including the Findings of Fact. Such request shall be filed in writing with the Division and include the information specified in 5 CCR 1002, §21.4(B) (2). Absent a request for hearing, the validity of the factual allegations and the Notice of Violation shall be deemed established in any subsequent Department proceeding. The request for hearing, if any, shall be filed no later than thirty (30) calendar days after issuance of this action. The filing of an answer does not constitute a request for hearing. Rocky Mountain Vista Limited Partnership M.Shapiro Development Company LLC Notice of Violation/Cease and Desist Order/Clean-up Order Page 7 of 9 FALSIFICATION AND TAMPERING Be advised, in accord with §25-8-610, C.R.S.,that any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under the Colorado Water Quality Control Act or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this article is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than ten thousand dollars, or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment. POTENTIAL CIVIL AND CRIMINAL PENALTIES You are also advised that any person who violates any provision of the Colorado Water Quality Control Act (the "Act"), §§25-8-101 to 803, C.R.S., or of any permit issued under the Act, or any control regulation promulgated pursuant to the Act, or any final cease and desist order or clean-up order issued by the Division shall be subject to a civil penalty of not more than ten thousand dollars per day for each day during which such violation occurs. Further, any person who recklessly,knowingly, intentionally, or with criminal negligence discharges any pollutant into any state waters commits criminal pollution if such discharge is made without a permit, if a permit is required by the Act for such discharge, or if such discharge is made in violation of any permit issued under the Act or in violation of any Cease and Desist Order or Clean-up Order issued by the Division. By virtue of issuing this Notice of Violation/Cease and Desist Order,the State has not waived its right to bring an action for penalties under §§25-8-608 and 609, C.R.S, and may bring such action in the future. RELEASE OR DISCHARGE NOTIFICATION Pursuant to §25-8-601, C.R.S., you are further advised that any person engaged in any operation or activity which results in a spill or discharge of oil or other substance which may cause pollution of the waters of the state, shall notify the Division of the discharge. If said person fails to so notify, said person is guilty of a misdemeanor, and may be fined or imprisoned or both. EFFECT OF ORDER Nothing herein contained, particularly those portions requiring certain acts to be performed within a certain time, shall be construed as a permit or license, either to violate any provisions of the public health laws and regulations promulgated thereunder, or to make any discharge into state waters. Nothing herein contained shall be construed to preclude other individuals, cities, towns, counties, or duly constituted political subdivisions of the state from the exercise of their respective rights to suppress nuisances or to preclude any other lawful actions by such entities or the State. Rocky Mountain Vista Limited Partnership M.Shapiro Development Company LLC Notice of V iolation/Cease and Desist Order/Clean-up Order Page 8of9 For further clarification of your rights and obligations under this Notice of Violation / Cease and Desist Order/ Clean-up Order you are advised to consult the Colorado Water Quality Control Act, §§25-8-101 to 803, C.R.S., and regulations promulgated thereunder, 5 CCR 1002. IN Issued at Denver, Colorado,this a day of November,2012. FOR THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Steven H. Gunderson,Director WATER QUALITY CONTROL DIVISION Rocky Mountain Vista Limited Partnership M.Shapiro Development Company LLC Notice of Violation/Cease and Desist Order/Clean-up Order Page 9 of 9 Esther Gesick From: Lauren Light Sent: Friday, November 02, 2012 11:11 AM To: Bob Choate; Bruce Barker; Esther Gesick Subject: FW: Rocky Mountain Vista MHP/ORC NOV Attachments: Rocky Mtn Vista MHP ORC NOV(JC 11-2-12).pdf This will need to go the Board as well for Monday too. Thanks Lauren Light, M.B.S. Environmental Planner, Environmental Health Services Weld County Department of Public Health & Environment 1555 N. 17th Ave. Greeley, CO 80631 I I ight(d co.weld.co.us 970-304-6415 Ext. 2211 (office) 970-304-6411 (fax) II t . L. r ' Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Zigler, Russell [mailto:russell.ziuler©state.co.us] Sent: Friday, November 02, 2012 11:04 AM To: Trevor Jiricek; Lauren Light; Mary Evett Cc: Joseph Campbell; Mike Harris Subject: Fwd: Rocky Mountain Vista MHP/ ORC NOV Hello Trevor, Mary, and Lauren: I've attached the recently issued Operator Certification Notice of Violation concerning Rocky Mountain Vista Mobile Home Park for your reference. Best regards, Russell Zigler Water Quality Control Division Colorado Department of Public Health& Environment -4 f 4300 Cherry Creek Drive South Denver, CO 80246-1530 303-692-3546 I russell.zigler@state.co.us SUof 1 STATE OF COLORADO John W.Hidcenlooper,Governor Christopher E.Urbina,MD,MPH ey•ca. Executive Director and Chief Medical Officer � Dedicated to protecting and improving the health and environment of the people of Colorado * •! G„9 i 4300 Cherry Creek Dr.S. Laboratory Services Division ra•ve, Denver,Colorado 80246-1530 8100 Lowry Blvd. Phone(303)692-2000 Denver,Colorado 80230-6928 Colorado Department Located in Glendale,Colorado (303)692-3090 of Public Health httpilwww.cdphe.state.co.us and Environment November 2,2012 Pacific Registered Agents, Inc. Rocky Mountain Vista Limited Partnership Certified Mail Number:7012 1010 0002 1774 3651 44 Cook St., Suite 100 Denver, CO 80206 RE: Service of Operator Certification Notice of Violation,Number: OW-121102-1 Dear Pacific Registered Agents, Inc.: Rocky Mountain Vista Limited Partnership ("RMVLP") is hereby served with the enclosed Operator Certification Notice of Violation (the "NOV"). This NOV is issued by the Colorado Department of Public Health and Environment's (the "Department") Water Quality Control Division (the "Division") pursuant to the authority given to the Division by § 25-9-110(3)of the Colorado Revised Statutes("C.R.S."). The Division bases this NOV upon findings that you have violated the 5 CCR 1003-2, §100 ("Regulation 100") Water and Wastewater Facility Operators Certification Requirements as described in the enclosed NOV. Pursuant to §25-9-110(3), C.R.S., RMVLP is required,within thirty(30)calendar days of receipt of this NOV,to submit to the Division an answer to each alleged violation. As a recipient of an NOV, RMVLP may request a formal hearing to contest the NOV in accordance with §25-9-110(4), C.R.S., and 5 CCR 1003-2, §100.21.1. Requests for such a hearing shall be filed in writing with the Division no later than thirty (30) days after service of the NOV. Such requests, at a minimum, shall contain the information specified in 5 CCR 1003- 2, §100.21.1(a-c). Hearings on NOVs shall be conducted before the Colorado Water and Wastewater Facility Operators Certification Board in accordance with §24-4-105, C.R.S. The filing of an answer does not constitute a request for hearing. This violation could result in the imposition of civil penalties. The Department is authorized pursuant to §25-9-110(5), C.R.S., to impose a penalty of up to $300 per day for each day during which such violation occurs. Please be advised that the Division is continuing its investigation into this matter and the Division may identify supplementary violations that warrant amendments to this NOV or the issuance of additional enforcement actions. Pacific Registered Agents,Inc. Rocky Mountain Vista Limited Partnership Operator Certification Notice of Violation Page 2 of 2 Should RMVLP desire to informally discuss this matter with the Department or if you have any questions regarding the NOV, please don't hesitate to contact Joe Campbell at (303) 692-2356 or by electronic mail at joseph.campbell@state.co.us. Sincerely,c Michael Harris, Interim Unit Manager Clean Water Compliance&Enforcement Unit WATER QUALITY CONTROL DIVISION Enclosure cc: Enforcement File ec: Trevor Jiricek,Weld County Dept.of Public Health and Environment Gary Halbersleben,Engineering Section,CDPHE Dick Parachini,Watershed Program,CDPHE Jackie Whelan,Facility Operators Program,CDPHE Natasha Davis,EPA Region VIII Nicole Grisham,Division of Environmental Health and Sustainability,CDPHE Michael Beck,Grants and Loans Unit,CDPHE Joe Campbell,Case Lead,CDPHE Tania Watson,Clean Water Compliance&Enforcement Unit, CDPHE • COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 14 ).M-4r $ ♦fv 1 WATER QUALITY CONTROL DIVISION h S - OPERATOR CERTIFICATION NOTICE OF VIOLATION NUMBER: OW-121102-1 IN THE MATTER OF: ROCKY MOUNTAIN VISTA LIMITED PARTNERSHIP ROCKY MOUNTAIN VISTA MOBILE HOME PARK UNPERMITTED WELD COUNTY, COLORADO Pursuant to the authority vested in the Colorado Department of Public Health and Environment's Water Quality Control Division (the "Division") by §25-9-110(3) of the Colorado Revised Statutes ("C.R.S."), the Division hereby makes the following findings and issues this Operator Certification Notice of Violation: GENERAL FINDINGS 1. At all times relevant to the violations cited herein, Rocky Mountain Vista Limited Partnership ( "RMV") was an Arizona limited partnership in good standing and registered to conduct business in the State of Colorado. Domestic Wastewater Treatment Facility/Collection System 2. RMV owns and operates Rocky Mountain Vista Mobile Home Park and its wastewater treatment system, located at 12623 County Road 6, near the Town of Brighton, Weld County, Colorado, (the "Facility"). 3. The Facility includes a domestic wastewater treatment facility as defined by the Act at §25-9- 102(4.5), C.R.S., and its implementing regulation, 5 CCR 1003-2, §100.2(11). 4. The Facility includes a wastewater collection system as defined by the Act at §25-9-102(4.9), C.R.S., and its implementing regulation, 5 CCR 1003-2, §100.2(28). 5. Pursuant to 5 CCR 1003-2, §100.5.2, the Facility's domestic wastewater treatment facility is classified as"Class D." 6. Pursuant to 5 CCR 1003-2, §100.8.2, the Facility's domestic wastewater collection system is classified as"Class 1." Rocky Mountain Vista Limited Partnership Operator Certification Notice of Violation Page 1 of 4 Failure to Have a Certified Operator in Responsible Charge 7. Pursuant to the Act at §25-9-110(2)(a), C.R.S., and 5 CCR 1003-2, §100.18.1(a), no owner of a water treatment facility, water distribution system, wastewater collection system, and/or domestic or industrial wastewater treatment facility shall allow the facility to be operated without the direct supervision of an operator-in-responsible-charge certified in a classification equivalent to or higher than the classification of the facility as specified in 5 CCR 1003-2, §§100.4 through 100.8. 8. In accordance with 5 CCR 1003-2, §100.18.5, RMV shall operate the Facility with an operator-in- responsible-charge certified at or above the Class D Wastewater Treatment and Class 1 Wastewater Collection certifications. 9. Pursuant to 5 CCR 1003-2, §100.18.4(a), each owner of a water or wastewater facility shall submit in writing to the Division, no later than thirty (30) days following the date the facility is initially placed on-line and thereafter, no later than thirty (30) days after changes to any of the following information: a. Name, mailing address, phone number, and email address (if available) of the facility representative providing the information; b. Name, mailing address, phone number, email address (if available) and the classification and expiration of certification of all operator(s)-in-responsible-charge employed by the owner; c. Identification of the facility or facilities for which each operator-in-responsible-charge employed or contracted by the owner has responsibility; d. The Public Water System Identification (PWSID) number and the Colorado Discharge Permit System(CDPS)permit or certification number for all facilities listed. 10. Division records to-date establish that RMV has failed to provide the Division with information or documents demonstrating that the Facility is operated under the direct supervision of an operator-in- responsible-charge, certified in classification equivalent to or higher than Class D Wastewater Treatment and Class 1 Wastewater Collection certifications. 11. RMV's failure to operate its domestic wastewater treatment facility under the supervision of a certified operator with the proper classification constitutes violation(s) of §25-9-110(2)(a), C.R.S., and 5 CCR 1003-2, §100.18.1(a)and §100.18.5. 12. RMV's failure to operate its wastewater collection system under the supervision of a certified operator with the proper classification constitutes violation(s)of§25-9-110(2)(a), C.R.S., and 5 CCR 1003-2, §100.18.1(a)and §100.18.5. REQUIRED ACTION The Division hereby orders RMV to comply with the following specific terms and conditions of this Operator Certification Notice of Violation: Rocky Mountain Vista Limited Partnership Operator Certification Notice of Violation Page 2 of 4 13. Within thirty (30) calendar days from the date of this Notice of Violation, RMV shall retain an operator-in-responsible-charge certified in classifications equivalent to or higher than the classifications of the System and an operator-in-responsible-charge certified in classifications equivalent to or higher than the classifications of the Facility as specified in the Water and Wastewater Facility Operators Certification Requirements, 5 CCR 1003-2. 14. Within forty-five (45) calendar days from the date of this Notice of Violation, RMV shall submit to the Division the information specified in 5 CCR 1003-2, §100.18.4(a), documenting that the System and the Facility are being operated under the supervision of an operator with the proper certification(s). The attached Wastewater Operator in Responsible Charge Report form may be used to report the required information. (Please note that the System's and/or the Facility's classification(s) may change upon completion of any System/Facility improvements.) NOTICES AND SUBMITTALS 15. For all documents, plans, records, reports and replies required to be submitted by this Operator Certification Notice of Violation, RMV shall submit an original and one copy (electronic is preferred)to the Division at the following address: Colorado Department of Public Health and Environment Water Quality Control Division/WQCD-CWE-B2 Clean Water Compliance and Enforcement Unit Attention: Joseph Campbell 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 Telephone: 303-692-2356 Email:joseph.campbell@state.co.us Fax: (303)782-0390 (For any facsimile transmittals,please include a cover sheet addressed to Mr. Campbell.) 16. For any person submitting documents, pursuant to this Operator Certification Notice of Violation, that person shall make the following certification with each submittal: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." Rocky Mountain Vista Limited Partnership Operator Certification Notice of Violation Page 3 of 4 POTENTIAL CIVIL PENALTIES 17. You are also advised that any owner of a water treatment facility, a domestic or industrial wastewater treatment facility, a wastewater collection system, or a water distribution system in the State of Colorado who violates the Act at §25-9-110(2), C.R.S., shall be subject to a civil penalty of not more than three hundred dollars ($300)per day for each day during which such violation occurs. By virtue of issuing this Operator Certification Notice of Violation, the Department has not waived its right to bring an action for civil penalties under the Act at §25-9-110(5), C.R.S., and may bring such action in the future. OBLIGATION TO ANSWER AND REQUEST FOR HEARING 18. Pursuant to the Act at §25-9-110(3), C.R.S., you are required to submit to the Division an answer to each alleged violation. The answer shall be filed no later than thirty (30) calendar days after receipt of this action. 19. Pursuant to the Act at §25-9-110(4), C.R.S., and 5 CCR 1003-2, §100.21.1, an alleged violator of the Act at §25-9-110(2)(a), C.R.S.,may request a public hearing to contest the contents of this Notice of Violation. Such request shall be filed in writing with the Division no later than thirty (30)days after service of this action, and shall contain, at a minimum, the information specified in 5 CCR 1003-2, §100.21.1(a-c). Hearings held pursuant to the Act at §25-9-110(4), C.R.S., shall be conducted before the Colorado Water and Wastewater Facility Operators Certification Board in accordance with §24-4-105, C.R.S. The filing of an answer does not constitute a request for hearing. nD Issued at Denver, Colorado,this o —day of November, 2012. FOR THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Steven H. Gunderson,Director Water Quality Control Division Rocky Mountain Vista Limited Partnership Operator Certification Notice of Violation Page 4 of 4 g"'_;. Colorado Department of Public Health and Environment .J WASTEWATER OPERATOR IN RESPONSIBLE CHARGE REPORT Return Form To: Facility Operator Certification-WQCD PLEASE Use Ink or Type Colorado Department of Public Health and Environment 4300 Cherry Creek Drive South Denver,CO 80246-1530 Classification of Treatment Facility: El A ❑B ❑C ❑D Classification of Collection System: O 1 ❑2 ❑3 El 4 Customers Served(Population): Discharge Permit or Certification#: Permit Name: Permittee Name: Telephone: E-mail: ORC Wastewater Treatment Orator H7#: WW Cert#: Level: Exp.Date: Name: WW Cert#: Level: Exp.Date: Mailing Address: City,State Zip Code: Telephone: E-mail: ORC Sigaeiltra(Treatment): ORC Wastewater Collection Operator Mk WW Cert#: Level: Exp.Date: Name: WW Cert#: Level: Exp.Date: Mailing Address: City,State Zip Code: Telephone: E-mail: ORC SSgonsre(Collection System): "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system,or those persons directly responsible for gathering the information,the information submitted is to the best of my knowledge and belief,true, accurate and complete. I am aware that there are significant penalties for submitting false information,including the possibility of fine and imprisonment for knowing violations." Name(please print): Position: Authorized Signature: Date: WW ORC Reporting Form—September 2012 Telephone: 303-692-3510 PERMITTEE RESPONSIBILITIES Article 9 of Title 25, C.R.S.,requires that every domestic or industrial wastewater treatment facility and collection system be under the supervision of a certified operator,holding a certificate in a class equal to or higher than the class of the facility or system. A permittee who fails to comply with this requirement is subject to a penalty of $300 per day per violation. "Direct supervision"means that the operator in responsible charge has supervisory responsibility and authority with respect to the operation of the wastewater facility and for the activities and functions of other facility operators. The operator in responsible charge(ORC)is the person designated by the permitee of a wastewater facility to be the certified operator(s)who has ultimate responsibility for decisions regarding the daily operational activities of the facility that will directly impact the quality and/or quantity of treated wastewater or treated effluent." There must be a designated operator in responsible charge or another designated operator certified at or above the level of the facility available for all operating shifts. "Available"means that the designated certified operator must either be on-site or must be able to be contacted as needed to make decisions and to initiate appropriate actions in a timely manner. Section 100.18.4,Regulation 100,requires the owner(s)of each facility or system to formally designate the Operator in Responsible Charge and to report to the Division any changes no later than thirty days following any changes. Gary C.Moschetti &Associates,ur ATTORNEYS AND COUNSELORS AT LAW Stephen M. Whitmore, Esq. 4704 HARLAN STREET,SUITE 340 PHONE:303-832-2800 DENVER,COLORADO 80212 FAX:303-832-2811 swhitmore©gcmlawyers.cam °J c° :ij u bbS4122 R0CKEYMTNVISTA / PAGE 01 INVOICE -- /Fr_- - __ /0317x0/ ��/ ��fi7 • '(�j�y�e�� V/p1/�,/� ( � No.y7�� J 0RD ER'8 17ap -as /97& ORDER NO. MIL/ J )20l 2v,) /ba SHIP TO: JBAIISPERSON I BHIPPEp VIA I TERMS F.OBi ". •TY. •R.E-E. •TY.SHI••E. •ESC I•THN 1(713 UNIT r 1' 1 ry1a 1JT la� I t / 9laata -r1/16/01P Win yai,,n3n 4 , IM �o lhwzt $ �* 1/2b/201a I d A/WM,nt o )Uo)4011Q/tOQ i gflotrl em€ Ld. 1, ( n nqi acne 350 P it'Av r) ,414 a jrtllcq t'oic29J 17S 11.51 ma 1 ehan cry anon aI , 3/31 $ 35o %I/2ZZ 1 ebzth Yrividoe Zit ,-314p 3 1,-X5 ' 2" ra/is/ay2_ (6/dr) (4%u i a tomi (..0.n tea'ji7/Y.p AY11 0)15, I 1°46/02a (e.1}04 �aaiO", W/id Al t/LAJ/ ; ra d ,� aic $ l tir hfrsVa Loixoto 81$ INVOICE Oct 1612 07:51 p Suc N Up,inc 9705354792 , p.1 S,T.c T. 'J1✓ Inc. l41.96 WC' 7 =:.'cad. CD S0542 720-284-62'0 , 720-300-0630 Ecase Contact Slave Lanz Septic Pump Gels ()Leach Field Rejuvenation Our Business IS Solely Beilt From Your Referrals Customers Order No Date I Q - i.(0 )a 1 Zoc,._k_ j' -f tt ze Acidic N_.—s Tr 1�P �-k. �a�k� Adore s 41DSE SOLD MUSE,CET —' LASH FF.OD.ON CHARGE LAS-I CP.ED:} FCCT..NOTE MIA_'', PRO OUT I r 1 •UAN. NUM=ER RICE - AMOUNT' `I-- _ 15; r7 a c 9 't. s . aO Ab ,t . oo — �/ ----1 10)/V 1 / .I lir Net`e5per15-^No Ace!.'7_y_'cen sr cranked driveways. W ��.0"'� V.--5TAX I T0TAL 146O4 Al!claims and returned ootls MUST a accompanied b� I s; ; bill. Sales iReceived a GSA-21C-2 0RIN'TED 1N U SA 4 nurmnm t ,`I • /,,[yVaICE .. ------ z rei/2c'r /3c.,7 /�e el. �� zoDAE r� 7071 •� �/� /97y ORDER Nd0. ;OLD T. : SHIP TO: P-2(1/9./.40 r SALESPERSON SHIPPED VIA TERMS F.O.B. ..lititimptgef,AtArt.glilteECG ,: w F ti'x xis L v�scfliPrioer..trt ei , ' ' l !7( )-) Lilt' ki2s 1p 016191r (40/7"a(2( (/)W 4/alarer')/ t dndifryr Z7 / c6 air; NO2 e72 INVOICE Entity• Approve by• Date Approved: GLA# _ Inv#• EXHO1T gri_raWin *"• ;r ZO JOVd rISIANINA3AD0'cl 7_.ZTh5S9EoE ES=ZT ZTOZ/Tt�/TT • C:� ad C-drz�aer a l f J 1353) 1 % rhr�U No. 1q�q �p�� L aoy1 • thorn 1d 1 cr.�`/ IN _ - SATE� oL� 7;(3- a CUSTOMER'S NO, '�i / //J 78 ORDER IJO. o �� ^'i.Lr[ Lt /L �( SHIP T0: U 1 V A.prove by. A# SALESPERSON SW 'PEO vin In TERMS Pp.B. "TK 'E'E' OTY.'SNIPpE0 .. '..SC'IPTLN• ',,, km ri(1 ran, sl /Fr ) ociAnd r 1g} t t- ilia(lad ._L t,p Lao 0 LaY1f]2 (t 1 L O( !1'i(1 J("I t � 'flnocl rrnna.n 0 n5l a (Y .3)9P7,5 . 1 ! 1_v.• �� I�.i ni f • 1 4 . 51 n#• 1/43(p [1CL₹ (hfbit ( friCilQ IL f • �• 1_ dry .._ 1 ( i A12 INVOICE EXHIBIT TO 39d, •ISI/1N11^lh3Y00i� ZZTVES9£OE 00:TT ZTOZ/OE/OT 1) 1JP ;.'�}} LC, O *„.... ..____ _ , N El `V\ 0°0 iiiJ '$t q 1J1 5101 1 U o N O C �`,; m + �� 0oliw � i � f� � � � 0 � — n = a M E- ° L c 1 � , u v " x b o o!, r i3 �J 6, a, C. �' v n U rJ N N 2 a a�7y � _ cp ,iry O h "T' - Sr d rn r- a a a �3 r,� =f • f _y tr1 .�7 3 u d� j c. s (v.d 1 Via' co slin rn l V+ ,r `� 1 co j o av Y - k �I �1�� ` rl #n0][ .oanoaddVzeal I 01� .Aq ano.JddV .Amura rd Z6Lh9£90L6 au!dflNaaS d94:90ZL6Z1aO 11/U1/LULZ 1<: UO .IusoD7vi« ROGKEYMTNVISTA PAGE 01 INVOICE ._ _ el333 z • No.la?t�, r2 j J c7(4,4,/0 69 F‘Y-612/ 2 IN OICE DATE '&o- y- /92a g 'S _3r ac�i� CUSTOMER'S ORDER N0. SOLD T '^^/'/ / y` �� f. //q y / / a " /J 143 SHIP T0: 02411/L, #(922er-AL:t 1 I SALESPERSON SHIPPED VIA ' TERµ5 F08, 'TY. 9 • •E•E' OTY.SHIPPED i IESCRI- IN 1b/9-71 (7A (7E- II `4 1 , 9 k-t1Ogin4, / hnnfn llinr:112" ' --- a [1720_La_h_ne , Zrri 111 ! / 75-.°` • p n /4)4,51,1-- , .�L.�.. G/J 1111Yt�i� - r�11 CCZ Q. -7,O �f� � O0 all ouvi.----/ / 9612a-64. 2( ad 3 i 5O Eatit • k,V v 6 -Appr- q by --- AZ clCI -{ , V ilil H ( Date pprovei.M — — r EXHIBIT I 1 hC �._ it 512 r ! v. I t � S I t i m l. (tiej--.1,a a 4 i L I O __. .w I K� t ci u y c9 ! J $ N q•'j c AI iE F � li � - 6 V- LL �. ! c Y' -I cN v N 2 ;=-, a U 'f"a h,� ', o .2 C T—,7 r: ..--t r. . ?t I :DILI Oi -- O rr 1 a c h c...) a, to c_ t I I C1 N +t S w l�_ .v co m ri 6 c 0 Li ift„PAga i. d Z6L49£90L6 Ou!'df1 N onS e6L 60 Z L £0 AoN to wo t a) co -C §}, _ O CO N a) E a) %--I V c 4— ... +-I O N - a CO .� E IS. et3 CO CU O O Q O -Q U CI E a a) e > a) •c O '> z a) c oc ,i- O. = rin 2 Lo co co -c' O ro oo .� o O > cc 73 • —(DC '.) * O = U U 0 M C 2 N O La 4-P > N -C O CC) CC 44 1 a . + r ` illa' 9 r A \ • M 0 '' •• "S......i ll II - _ _ • • li Z O AEA 0 • -I gi ,-W imair i" 1 a s 8 _ t: Z., osigi,11 '."I ' 4 .. . - • .- . — _- _ - a gillill.. . -fa-i .- ISPIRMIIIIIIInik . o It . . L b.-- op. , . ,, r, . I ��`w►' _..tee... sr I r �_i!l !F ;yi .'.n /�T>Tf • te • I A '•lir lf t — _s r..: •' S 50 "L t, . . .... i ,. r r • - f r - . • .rit ...-..-; .. . - 1 I ' I/ . -.. fr 1.111111ear--- I.' f 7:0-. ..galanips.... ,,, \ I co ii-I ' VI tit Ntg --1 i 7+ C 1 I i .�' 71116111.1 • i iikelt.la3/44.........T...,:.„'-.--%__Aller ] .. ft- -- _• 4,4 0 r _ ., - .. . - 4.... r • T_ 4 mar' WORNMAO 8 L. C I , a) . : a) p J Ztq O y Ilill 2 . CI . o . - = 4 - ,. _ J Ill z .. us r - O rc m • its` •- . ►�4 ? • . - ASP —' .. --. 4 R-- . • # lilt' . - . . - ', ' • I CO � � r li ,„,.. . , .i. .._ . . ._ ... . , f•4* ...14. 4.. • . 4. lk • • IQ iiii,4 .. . . ., . .. .... f'. W I ea 144 alp • r • rill. : . . . 4. • s • a. s • y • T"' �dr �. t ` F • r 4 'Sae 4 44 • �vy, ell;. V K 7 : �� ' ' sr: : : C C .' /0gtC ll y • T ml r 1111 a. , mlk IOW 1 00 t a . 7 • t at (NT: , _ta lill t -• - t iiilott,-44 ____ _ . . - • • r k �r `.+--....� Q a r liiiiiiin r _' • ' no iii ~ • C2 , N. \| -4i . \# ii | | ) � ' „%, eig i / \/ k \ � // N. { t /p li, , . 2 A ) §ie z di \| ` ®° §1- E W N IA el N N N V i W in CA O 0.0 p .- t - a U. ___.0\4••e. . ' .,4`L• iF 1(1.a..44.1- • ♦" , .'. '- / • 14 l r 6 6r, v w ` 'A , • r ,! . ! W..,<. A t -...� .I•i.. 4s / • =k , Gy � _ ai ` G'i" / 3 4' • S• ! '• • i" 111 • • t ` r \ rer . 6� c141 s . N•I 4 r 1 V . i &:t �s r g' , .' V ? j ,, .•• t , },. w � �: 11 t �f yam' '/, // - ;.i•A. < l ,• e: I • • _.-,...„... • ...-, Iti. ;".14.3 '• C lbc:,...e."1 'a -."‘••-• : e r •1 - ', tom`• , ,J . - _ •• •1 > '� may` �� r r' 'a r•', i. : . . . ... �•''V-S= V f, I t' 'Cs. 11 �• 'I t " '? - . J .0l '• . ' 11ter 14..1'.-kr - , .�\'� ••Y , 1 e-. ' ��Yit Ins .�1JL, •. � . .r� y - �� v A • F _• ,%"4Ili •- I'> . t. P• ° I f ' a ` r •1,' '$l 4,4. -- '* '� i � '� wt s • T ' , • • c ' - r • y a ' • r • � � ..I ♦ J :, • \ 44 64%a •-i•r . . " L • 4110*.' " -4,1tr.,-7 ?it WO I' ,ii • • • E. � :� K, . bl . , JIB ". . 1 •. ,. i+' 1 , T •3r ..a , a1 , tr .••t f.r a L 1. it ,; t • . 714411.1.1: •.,., r,,,:i. c.„,' ..,,,k--;.':::. , ' ?;..4!"..- I .; . Is • ._. ii,.. j I . •= .� • -hi y •1{1'0 a1 3.. • i�T' �( • \:. �c, t•c� p �, f i;r ' y • f t �I 1 �1 _ } ,� ••• 1*1 ' '• % `[ I. \JI wl •P •T 1•41.", �i�, '• 1} 1 '• i l �,, �! a lik :IIIIC . t • •-.I 16.ifeik4N1141.41‘• S.( '� !' / ti• , , .,I "Q 1#.'•, ,,, , y'�{ �r . � it � ' ,' I '• 4 ``� p 1.44'. -N.,,.. :ay. . ,:„).. 71,11•.: ..,.74, i,...t. : . \ : i (1.4(:, ii. ..; : .... I tfr, .,:. .� \ tie, -,� r;. . .a r _ A7:44. . .. ♦ i y '• id• :ins I, ttr• irt> J Vy , �*. �1 •.; ^ t I 1. 1C ♦ .amity '• - �T ♦' it 1ti• 1 i .� • tl. i .. 2,;4XI �Y 1 \ �; v .� -' c„Lir• /M�iL �r •41.6'_ ! �, 1t�� [ t. .7( •'is.� � 4- .ry �L`��N •Vi.• Mt • Ye g . � • , � � > r ( { � ,e��,,� � a`r.•y mil. s �,�+• �i`♦ve • r y a • , Y _- • 4 f-, r44 y s fr 4• T .f} r • f- t ti • wl fir" Tt� \. •-• L ' ' �x -'" tS, . yi: • `% ��' �r k ti ilf n f,. S �• i I ¶ti _ r-R,, �4•'',:44 li tit-, •t.- f !p •r� . , rte "F: ,. , /.•'', yy�'• r• ‘Fili, it). • >r '�, • -i ce T -� j` egret. _ 3 \,se .w - '111 '.,ednL .-•-atitgA ' e' r,••k•el• .S A'� "( . e%' t • ��"T' ` F`' '. 'r. t . • `..- • t ; `.. N ) •` r _lsryf. �..� �• +t -a , ` '.. t ! r rk2` .t.• fi st' • • i•.'-, a4..'• .•�- .E ` •A to 1 ' • . e 14 1 �1 c•Z .-` .�>1� -. t _. • y ':1. it ♦ 4��' .Y _ . • ` .� ♦ ate. 0}. se �' Y .•^ •_�• .s. - • N r'„•r c. r♦'`• l. vC•Tye•�'.v yy �•y \•': (�'. y ya. • •4 +. is • 9 i \ t•t... , p. • • i`_1 �� 1 �. •• t s- 4 tr . ��•1 e n�1 )t".\�� . •ate 1. - t • • .- v`•..�-", ti - r^._ .* • w 3.111,:l• •,� t ;pat,z. •i•w.. • +.:`ts.L.i`�Lj{-.�?J-�.•.-Y. � ' 4. ' t 1. 1 • •t tt yr ' • s' '50 4!. .. - .i. >i Si T .4•.. •• .tom > •1 tis. . Cr . . �♦ ,.t'T.314-let r ` •tt'' ' •xti '• .1,r.^ r�-�x� l' YI. . „ Im K\ . ♦ .. !4�. • • • •Mi . \.fr. •1. • YT. - 4. e• l - 44 ..q;,. ,..11114 ls -• -44141rear ri •-,i c ! dir mot. ♦ JL ` • ' • / , .,, .. _ \4i* 1/4: • -N'c.: I.,- r \ f tom• _ '' r •�y r t141/4.1.51Tha 6 • ' .... S ._ ail 4 ! w • • /. 1 %,r, • " �-• .`_ 'a••i• • is- \ ` . i•sr. 111 ?,r-t' 1 1A r ...-r- ! - - ire ,�i` roc: 1 r• w 0 " fet ...\` - / .Fir. ••,y • • ♦ •'• •Yt �y 7cCv�4 to ... --, ..,le...1:iwk 1. a ii. 'IC assfl*„.11 . ,3y re i54 V , Ni ' 4 1.•s.• L M ,l1 1 at.-A I . idr (. .l ...r �. s ` Aft �r ♦ *y .. '' ' rt , } ,<4,,f, 4+►. ♦ i I ''• �1 1 1 I . ,� ( {;� •tea , I - • y ,q1 �• 4+ / : •` ! y, T t r Z• r L • '• t: _ f - . ., I . 1 \� y .1/ rY. ' ry `a. 1 F • I. ;. I Ark__ . }pp • a ! { T` •0'S \' Yj . .F • \ [ f I • • 4 • ►" , \ t4. . , . i, - .r. e! "4 ' 'Y. ,a • " ') ♦ 'I 7 t rill 1: '1 a• • ie 0 .\v t• .I „ •� .• ' SAC%a 1' . , x•( • 01 ��. 4. . ' 5 t \ • . .i .s ;$.•••• l�` r • ' e. t �ft I' j .LI,' . l % F' ; r _ { ; • . 1 I • a a . •N,. 1 a,{*, 'J. Re 7. r. r fir',', ., _ .1Y,, Y • I' t If Y :1;44Ill' ast.'aiii:PHiltirets4H:.:144tH3/44.11703.1‘. ‘4-%-17:ffit 41 ;* 4 ; , ,�„ gib. +; • w .. 'i ,•• yr:'.T. •• J •: :rtY ' t•., 1• r : ' R. E cu N >% Lo N N U I Q O N v) (flQ tU0 O }' C _ _c 2•s ti 4C L i , . / I ihiellif. 0 � +� '' 4 4k i i 4 41 i I IV :!' , ' J r r ix I '` i .a, , r. :'. '13 0 II „t y , 4 . p I ( i IV . I I M i 1 .�1 • r + 1 or 1rIf ft 1 y f A • ' I al Sri f \ �� i Cll if -flit f f , I / ... ( r , 4i b1Y . t . yi r ~ / AIt 4 � � ti c i 4 t . Nitt, i I , IIIr A 1 4 . ' r 4 ki - i 0 I 1 l ' Iii , 1 i ' ,, i 1 . ` r• . ,t •of it rte .i t - � r filf if► aa. �. i ,r F ,aD r f I , ,.. . r . . . Vits-v , tr-ir • . - ,- / ir \ i , 0r • 4 / st. 41 ( . lib s 1' r e • II II( . it 414.4 A ail t * ril' A 11 • 'r `• . • r' fl 4 --; -4 f, ! PA -it 0, •4 I . 5 , j it et I .� I• - t • I i ' ._ al 1 • • +I1V 1 f4" iii4 .A 0: , • • 141.111 I ••• .. IP ill II SA' �. M 3 , ( -I It 1 i. s , r 4 Hi' sallir 1 ,41 , • • sir i, , .4 40(4 ff !+I `1 ..i':4,0' ‘ f I 1 .4 ,,„ . ,,., • i •_ ._ _ a _: , .t r I � , • a. - A / . . -- i'.-, --:--- .. 4 . /Pr' �r; . . • , • r ior: 1 1 t t. . • , i ,. r . IIk • r 1 . r ,4t, 1 , ti �; " +(» r It I ' , X _ Ss I.,. l . .v 1 mow/~to ' (jr. 4 •. Vii- Cry.•- ,- I') . , j1/411/4\44144 . . I �J.�.•., <` P 'r N • \ f '' NV 0 . • a- sr ctilp . . A I . :� : 11- < Cam. ...\ `• 4. 1 k It!itestli,: _er. T.-7.1-4”illiisd „:?,414:,:',. r>r ., . . 4 : e, .. a Eki. 44t I. . ,.. . • /�• `t" r.. u . 4f it 4• �. `. blr • IllIlhict 40.9 , - . , c if. YY• •-` • I: air it... . i 14 9 _ . ,..., ‘,. .. . . . , . . . .. . , . . , ..0 N le" INII JP,...,.: , , . i,. • , , a,. . . ..,.__,7,. ... ., a. ... 4,... A 1•' .. 4 � ... Oil V ---.------.."------ -i N.. '00' It le.... r' I - .'` _ a1.. , % 14140.., •-.• 1 . '‘\ IN ‘ • - ---- V e ,t. ..,.. ,.. \ , ft • , � �- 411 ff t t • • 4 filt Ilk\ ill •- ill s _�'' It 111 f .ice=- $ b . s,�r'� ; illi j♦ ` F •- --..r..011 _ s ♦ \I • ,.�pr wF a_ �! _. v !� j 1 ore-- F i -I . t : - . . 4 ' _ (k,- l• tI... , , t , . .,, ...„1.;• • • I, i _ 1 ., „ , ., •,,,i.. .. . . ; 3: , . • ... q • 1 �� • ; „� 40,7, ,.,,. . , , c ' , • Ir s ' i `� 1 . . i 1 1 • • •‘. I `4 �' / by �I. ^I , I i 1., - -I is •.y. '1 ,fi4,7 r, ' ! !�'.1 •. � � l . . _ 4 • .. Pi • ( . l'. t ,, � li ,' r ..a y. fir: • 'rata/, - . ♦ % -•. Or S . • k lir t 4> eV" ..k : ' -- - , , f k e r k, i 4 ••• . 4 t 1 i1liet i1 01:14 t 1 �� ' 'it r_ • j t� , r1S1 r ill . :� i 4i . ..„.! • : i . l A . 1, • . y JD ii.c? aisa......„ -o • _ La , r , die 4 , 4 r' ' ; 0� 4 „: . :: 31 i t I OF • e i f t . MilI * i • i t 0 4 r 0 hs , . . r I •,11• I Ski° e . • of - I i 0 O .., . . ,F %:, +� r f rn`: 4 P; I1 ji, 9 , . ��/� 1. V 1 �+ I. _ tO , I rr 1 w I ..1*0 . I . ... litili, 1 4 e Ji 4 I 4 4 9 A O , ! 4 . I. . • W ks; 41 ,,. `fir , . . f lill te• 3 .1411t..y le ittii 4.: - :-. I 4 4 • . % ) 1 • _ a. s*: .' I �fr • r a Ilik, 1 ; i ; 1 , 1 n .lam CIO M W 73 a). Li— . .,. . . . .... u . , „if . . . v.- . . _ - 'i! r . . i. i i 11,1 ,. i a) . . . V) . • i .i : ' W". 114 • • . , i: 25%4 ., 73 2 t . 1 ii I�� . c. . : t ` . ( 1 a) • 1 } , r t 44:•4 r • f lc $te. S 4,,- 0 • iiii , "riff Ill l� > T 4t- V4:. - $1/4 M r ,, F, li • t. ;c, ,' .1 4 • )lia , r 'ii.' ?III r t 1 1 1~ a . It 0 I O '� a :} • 1 • ref 1 :ID in .: # * .i • i'• ' , • '- •_'1,y#10 Al • , ' ,' F, • a.) • , „.74., .%lift?' • • .11 I lit. 1 tir• . 1 • 11 \ 0 • ll • S `i e ' .r �. t . ID. r20 ,t� • • ' • i ' 4 g41,.... ::,. .,... to 1 4 It.\ 4 .C13 V. . . Ili iiti 4bil ihil vilL il k ).' ' :.. f' . \*• ea . 7.4 ; .. %.; i i • r 1 , •r• �t 1 ! • _ ala ON 4-) ri cy) N N U i az o ti ri Ocn N O tbo O , ,__ d a • 1 4 L 1?f a t •' Ott, lb - P t t 14 e Nip I i VI x ; ,,.If. R • 6 \I' S + i.. • � %.1"4.41,,k Y�, •t. 1 . 1• a 1 /v\ rt ;a .Jr ,,. - 7s , �; f : ,a rt t . • 1 • ' ; 11,; ',. J 11 i • + -C a J . , 3/4?-• ffi a' 'r' t `/��' t CaMit i .. • I ill" It., '' • t. I fs .y. ^..�r', �j Jtilk- / � p . � .c yw r o ta - Y III rs I A , y11 T 1 ye a' _ .. i if �f N ,�a r r "' [. ' a , <.,�` ' . .V( 111= t ,,. 1. - ! •. 4,14 4 • .ice * ' �i �lJ � �i • i �% A LIOPP• ••i f� a a Itr�f {/. • wry•r �� ••t j1714:1. r 1 ! '�,�. _, � - I f .�.�• . . • +t: •, w t tj • j 4 1 � lit \v.'' •. Kim ,' t ' • .! ?«. ft • • •t . .‘t, •li . , ti. 1,1•,,\, , , -.. - . . • e ••ii. • 7:pet • leo/ siiiiik , g, ff. . ..J.,- . *".:44+8._ I r I. . Mid'} A: - , Ill . `Al j III 4. . • •of . r • - t om .. •ki.i it 11 el .,*We *z P; ` X1 ,,,,aara i . . ``` T— I 1, r :• ' ,r Ile ,it 4:41 4 \fi'ry / to ..# 1•4- t •4 3 Al ' w • ...,0. , l'a -if f . •y�,•• • 4 I :" Ilir . •i ' j ' dtdir f ch e•IF iiILa .fr I 1444.' A. t. f ` it::: r •�. • - ti' .•y ' ti.j. , t j . ,,:. 4:::::re..0.1),......,4/4' __T.:,' T"v, :i4, . . . ..,,,.. - 4 Art i .:f .." 1 -14 Of • r i..• JIJIJI I. f \ �S . ,ft n.4" • • •!.f•14 .... i:y r •' as : I ��.. .. liV 1 r 44 $t L[ 1, . 1,, h 5. 1R�y� *l • iT ��p. • ' • %, 1 . j�• • ♦ t• . # 0:114 Pa , a ,r Jt) s/r. ,o`,. • t J ` Irt.x�•'".. - ,T. i;. ' .t ft'$.14 ? fie %;',144 p 44 A , • _ Erre • P.. tt Itif t k 14 ft .1 ;lir. * -.:4.1 4;r.,-IA'. ' . . . la .4411, is • : '• .4 . ,V lei .� .% „ o ♦ �) 'ober)1/4 � }• .., t w . • •'fir. �n2' . C)L�.� h .Ifs -�y.. �t ,"'��1?� :r. S ! .� ,• .� . i lI, i I II I ..!1 ?;eJ 4. r •`.,. ° 1 a:, fr,' �,• f �• • •�! f 1 J• v p. - A .,• ••',w' ♦ ;.• H. 4 '!T •,y�' .r^ ! 1.' •� 9 r . ,.a . `S 4,- - `- -•. � Jl �_� �N, J `� + • !r .ice k r ter* ,.rf _ ry'- '/ '1• 1 i b• a `c s .tom • - Nell .4 : ' -I a d . • 1 S .0.,vie rt e a • • . s arc.r.i.stzt:/sl, ,p. • s v ,�P. f I i • • • . • 1 �• • • -- - I•w, . rte'* •. - ' • � •. - •` l- �•0 '` • :'Y - • 1 • • ice' r ♦ ....1:4t. r - r. 1l v '' ,��'ri • rir • • • .64:44b4. -wry. 4 . •�'t• ! • et -_-4. '�s`�� L_•**a _ J� 1 ±�<� I E CU NI 4-) ri >% ri `n ro U i 6.6_,- 0 rl icu in (flQ beO 4-•c r r r , 1 I � , _ 41 %1ii 1 �! IS ( 1 S t•1/2" ` ** . V' . 4 - I;he-',-...... t ilk; . It ilk e ♦�� TTT{' \ � '- /4k { .t ei . 1 t‘ I a,_ I tir, I i . • 't e' ;� i R'1« t i. _ ( ')i( t L;. la •. . •• t' I , • •I. S.'I ,P•• �Y• I I, • 1 , f it • \ a ' . ' • fy , • • 1 + i' .c{ '� r '..a Iv P1 ° f' • ` t, i l• I � .1 {. 'f ia' ay 14111;;,, �',,, r ' - !T T ^� •^ 1 \, 'I4 '1 1.`It i ••fir• ti 4 ij ` ♦, 'c 2 f P 4r , 47i IF 'fvk41f •�!l" pi. • .)., 'able 1)4 I C ' V . ;IF- , • tit „r ` '." If 4:, 744, . .4 • ,, Itif • E`�lD c S . E - r �a 1. f it �° . _ = • ��.* �� • ,c -, .' 1 ,_ - _ f _. `` • e 1 i lileir t• , , \4 or , , • ,.. .., J /// ( a _�•j.' i „.• , , „tom: �:. _ ykr Sf , r e tea • ' • o./ ll • �'. /i � , -. J 1 . + . .` , l NM' . .......? • - t • . ••• \/ 1. ( .� _ ., ♦/ j I . . ,ter, ii, AIL - _re'. •- - `,` • 11cc. •�.\ \\ 1 _ • .....: 1;1/41'•) er \ .,' • il . r - [.•-• `• �♦i rte C� ! :_ _ _ • 1•: • 1. a Allitilillli it ' �.�•r -Y-Tr ' •�- `� ; I.1� ; 1, ` • , '` L i 111$ i . \ I 0Afititell el Ales‘' - .Jr' t' ''r '''.1.% . A. ' . ' . 1 • - c • L -409.: 4. I ' ‘ . •k?.._ \ . i i .I 1 • .• it., t �i J ' 47.1. rpmle Shr IL .4 . F4 •., ‘ It .. 4- 4. • ' • • atiy ry ��_lele.,n;; illy{ ,,i:feat, • . : • . -. • ..„'‘., 4. ^..-- ,11. ' t+ ,. �, :• � .y �� Ire 1 .� . 1 • �.• p,�oF`� *. � 1. N� N • / •. • -A ;:•. .- .-_c. .T1/41\ - p - •.....- • s,-- 1111$. 4.11:-.v. :yv... , 4,1"4.-4:t4t' ,‘T.46, 4. ; , es . . ... .. idle* .... ._..=. ...,%f i.i 4. 1 * . A4. 4:: ._,.... _. , . , t,.. _41, Ail • 'qty• , ,..e.'r.Ut ,�TA; i � �• j � f + ... f' �._.....,....1.5.,,k, ,, „1/2. is, ,.ea°:'•41 AS • {• . A •}� 1 i ;;_ •. , .a.`a •YA'171'L KT' /I Il a, : * a. #1 i i El: • . , c ,4 _ , .c., v..• II- • • CIF . II {/1Y '.i iii "SIC ` • • 1 Y . �' /941:7.•• Y n .4. d II ' ": •• • s • - ..... . • Co .1 VIIIt � ji w e tj�`11 R j► .r, `ei .�.1 4 1 H it - - - - - ,,. ,7 t ix!t i .r I. 'F.: �T i f •••:� 4 • II �. Ali. .w t_ • -_ p � 7 an i •• . - - • • • • . I , _`i' • • 41)*, . • r . L ., . . I ,,,4 , - • LY T 44.. - I a 6 ., .,:‘,..v:!.7.. • I Lf 4 j* % •;j N' • II - -- - 7 , '. k _, _ •. - > cr.. - ' / 1 1 ;S. - r/' fl . • : ?I's,. 4 ' . T` i• 1 fi : { r, i V r i I le • st • , #, r , r C • 4 - S e S a . 1 . r 1 -•'•% ' ^ ' - . . A' 1 :: . { it { r • r . t _ I i 1 ' • �/ .1' I ,• { .r ,, •• y I r :' . . • I r • Y+ 1' • • . . - : . 4 --41 . Y P._ _ . ' , . . 1 % Jam\'. lib .• AI. a / Ar , • � 7.•rh 7 1 ` / i 1 at* (Al flUd . . .1.a • Os We ,IL:11.-1,0. 1' 4e' • • t. ' -• . . . YYY e: I Q F,'�- , f 4f ' • ,0I.C �.. U c ,. c . • C y O • 1 (3 ik J /}} a , l ` 3 fie r I(6 7.: o w 4.) i 0 >, a. (/) o NI v U .� a_ _a I Q1 N c-I (fl0rl be }' c O = s7= aCO , 1. 1.041 • [:1 I 401i it lik : .a. „ t ,wd , illirlirirMINIManspew_ • • • 4. W , • . 1\111 \lhi:% . . i 1 abet : t .%1 en. Pt i 1-06.• • w 11. / /' r t 1 4 L7 y \ , a }'. 2 • ,A ir ' y `' A t i 11 4 ' i ' H14 r .y \ iy' 8 V ' tI •17"C • • reV"4. to.aall —are a lb sae' Air 1 'I 1 I414 t- • ' s re • • • • 4,8 f • II 1. h4 • d la .II 01tom. (it.' Pk . • • a it ... _ . .S 4 f ' i �• • 1. • �.- I 1 4L. • I. _ IC ik a C • • Li i-L I . • lt 11a if • ire T t.ls t r_ .. ` •• el: iliklb•:. '''' :::-. I li. *10 . :�� " K , _ ... A y _ t I _ 1 .� _ _� - - --- -___7.74.--7- -- .. .. _ .._ I _ _ :,:. „ , .11' ... _ ., - , .p ... ea . ,is ._ . Hj . , _ #! Ii'. • a I I E� -.......z.......... Ilk A- , � =�. ••� f \� C 1 _ e ' • NIA - J• - - .. . -...-_ ....-. -%e -.4 i Y ¢ • L . \ ___ , : a ive•• a _1� / I V • 4. a - . I 0 4- r 4 .- .____--- - ..„-,./ ._ - , . v. INIX. . it is .- ?� • Cja .� _. .� mss- . -re.... - 4 lilt: rts -St et 4 , airitioe :lref"These.7_,..e- .0-•:...• ;.. ibli:4411 11:et"tille7 ilirt::$4141:-:(1.:161$'.1.Sr.r: ' .ii ...g4 '.. : _ .j ,,may i Ii _ n _ -- _ -s:- ail • n lir _ _ sa_1"r i l •X.‘IS it • ar �� _ a ..� t _ 1 ; I -... 1- ii, • 4 _ �' � •------,-- .}� ter � • 7.. t 4.. . ar . - % - �. .• - I dis 'I\ - ager \ .-. ‘. • 77..Zie .\\\ /7 . 7 _ '\ o 1 _ \ Z. I t c- , /V \\, - , ; _ / \ , ...... 4%,. e.Z.‘"\\\' N.\1 \: /2 N, Z \ N /7- -\.\ , "... /V. \\\ • , lanes 1 =el/". .....:‘.• ...-s. . \, ' \ •••._5. . _ _ . . ___ . ‘.. ._ _ .z. „ , ...._, K� :_, - ,-.%-*V.' \\IF / /I Z \ e , ••• .. • \II / \ f ..0" \ \ - g.k.. 4.......Y111: `.....Y� ... 2 - • . / \ t`\\\ -• . . . -___., .... _.,...., __ 000:: , .i.: - 1/4\..--sk :5 .el.• ti i • - C\et>' ,... it \ irk \\--- ---.,-. � j / ,h Y l_y I . _ y , . \ a I. — illt<174—\\ , - . • . - Jo- 1 - •vim is .• • �- }..-•• ter= 74. 1;i*• 1_ - • \ , \--...----`•.k:/ ..-• \ - • e. IllilliDill Na . PI I 'S. 1 7 ,i a 401 . ' N N • ` ., / 4 '•' / ��' s 4 N...„..\\.<- N. -it •-• '-4,- • -,t. __ 1,„i, •- N.•Th<ZI--- St5..! V. \ii..., 1.•••• a....p• ,m. '•••• -,/4 ._ 17:2;4:74737.....N.-- i\t".: . . . ., _5( -T1. .... ,:•,,,_,,," S' , -....,,, VT ,N. ; ,. . • i \‘ 7 13 tort. ---Pri---: -- ..-._ IIPPek \w‘ .. \ •,,,:,,.t ; • \ \\ • i ` 'tabs C.eV. tiff. ----22.---...„.. ` +� :`1 j' ' ‘ 7<e:\ �/ 4 • �' a as - � ` a "T- , J ,', ors ': i► \ sI . .. ;"7„ A eel ‘ . 1-‘ 1/2‘ ". -: II -.- ,. d ..,4 ..: - _as...._....:: . je- 4 ‘. . it..7 • U. '.1 ft i %. 'sl A 6! \pi..... AI'ft... . I ‘4. 1 i ... . ..._ . t.. • 1 \ i 1 ± . -. 41. . "14116.4.11 '\ r • L. fir la wi& •\ .t '..r.. C et Hello