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HomeMy WebLinkAbout20120073.tiff RESOLUTION RE: ACTION OF BOARD AT INITIAL HEARING CONCERNING RESCINDING USE BY SPECIAL REVIEW PERMIT#1628-C.B.KEIRNES,CIO BILL BARRETT CORPORATION 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,on March 5, 2008,the Board approved the application of Ogilvy Irrigating and Land Company, 822 7th Street, Suite 760, Greeley, Colorado 80631, c/o TARH E and P Holdings, L.P., and Texas American Resources Company, 410 17th Street, Suite 1610, Denver, Colorado 80202,for a Site Specific Development Plan and Use by Special Review Permit#1628 for an Oil and Gas Production Facility(two oil and gas wells) in the R-1 (Low Density Residential)Zone District on the following described real estate, being more particularly described as follows: The W1/2NE1/4SE1/4 of Section 23, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, the Department of Planning Services notified the applicant of outstanding Conditions of Approval and items to be completed prior to recording the plat, by letters dated July 22, 2010, and August 4, September 26, and November 2 and 3, 2011, and WHEREAS,on the 5th day of December, 2011, an Initial Hearing was held before the Board to consider granting additional time to meet all of the conditions/requirements of approval and record the plat, or set a Final Determination Hearing to Rescind approval of Use by Special Review Permit#1628 and Deny the application, and WHEREAS, at said hearing, the applicant was not present, and WHEREAS,after hearing all testimony presented,the Board deemed it advisable to continue the matter to January 9, 2012, at 9:00 a.m., to allow the applicant additional time to meet all of the conditions/requirements of approval and record the plat, and WHEREAS, on January 9, 2012, the current property owner, C.B. Keirnes, c/o Bill Barrett Corporation,was represented by Tom Hellerich,Attorney with Winters, Hellerich and Hughes, LLC, 5754 West 11th Street, Suite 101, Greeley, Colorado 80634-4811, and WHEREAS, after hearing all testimony presented, the Board deemed it advisable to grant additional time to meet all of the conditions/requirements of approval and record the plat. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the property owner has demonstrated a willingness and ability to complete the process and the hearing be, and hereby is, dismissed and the matter is referred back to the Department of Planning Services to continue working with the property owner to complete and process the remaining requirements to record the plat. tee.,: CA FL OppA.' 1-‘3 ..* 2012-0073 r}' s" PL1954 INITIAL HEARING CONCERNING RESCINDING USR#1628- BILL BARRETT CORPORATION PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of January, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Sean P. C a , Chair Weld County Clerk to the Board /% William . Ga a, Pro-Tem BY: `7L - v_ Deputy CI k to the Boar. 361 i ? - = r Kirkmeyer APP ED AS 1 M: � A ). cf �® vid E. Lon - � / ounty Attorney �� Oranef� Dougla Rademac r Date of signature: ifik 9 2012-0073 PL1954 1861 -2811 MEMORANDUM TO: Weld County Commissioners WEL '0 NTY DATE: January 9, 2012 I� FROM: Chris Gathman L° _AS._ SUBJECT: USR-1628 Status Timeline: • Approved by the Board of County Commissioners 3/5/2007. • Late plat notification letter sent 7/22/2010. • Late plat notification letter sent via certified mail 8/4/2011. • Certified mail receipt—Tom Hellerich—received 8/11/2011. • 2nd Late plat notification letter sent via certified mail 9/26/2011. • Certified mail receipts (Tom Hellerich, CB Keirnes& Company, Olgilvy Irrigating) received 9/29/2011. • 3rd late plat notification letter sent via certified mail 11/3/2011. • Return receipt received from Olgivy Irrigating Company— 11/7/2011. • Return receipts received from Tom Hellerich &CB Keirnes Land Company— 11/9/2011. • Letter received from Tom Hellerich 12/1/2011 - indicating Bill Blair Corp. purchased Texas American Resources and is requesting a 30-day continuance to finalize conditions of approval and record the plat. • 1/6/2012 - E-mail received from Tom Hellerich (agent for the applicant) indicating the new owner (Bill Barret Corp.)wishes to proceed with finalizing the conditions of approval and submit the final plat for recording. Remaining Outstanding Conditions of Approval: All conditions of approval stipulated on the USR-1628 resolution are still outstanding. Staff Recommendation: Staff is recommending that this case either be continued for at least 30-days to allow the applicants(the new owner) to finalize outstanding conditions of approval and submit the plat for recording or refer this case back to staff. Esther Gesick From: Chris Gathman Sent: Friday, January 06, 2012 3:05 PM To: Esther Gesick Subject: FW: Status on USR-1628 Attachments: 20120106142742558.pdf More Correspondence for USR-1628. Chris Gathman Planner Ill Weld County Department of Planning Services 1555 N. 17th Avenue,Greeley CO.80631 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 JUL,rI sb WELD-5COUN-v u 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: Thomas E. Hellerich [mailto:thellerich@wh-h.com] Sent: Friday, January 06, 2012 2:35 PM To: Chris Gathman Subject: RE: Status on USR-1628 Chris I did confirm that the new owners, Bill Barrett Corp. do want to proceed. I have attached the paper version of the plat for your review and comments. I will see you Monday. From:Chris Gathman [mailto:cgathman@co.weld.co.us] Sent: Friday,January 06, 2012 7:34 AM To: thellerich@wh-h.com Subject:Status on USR-1628 Dear Tom, Thanks for the RE plat for Ryan. I will be reviewing it shortly. Just checking on the status of USR-1628.This is scheduled to go back before the Board this Monday at 9 AM. Do you plan on attending this? Do the new owners intend to proceed with this or do they propose to withdraw this USR? Thanks, 1 Chris Gathman Planner Ill Weld County Department of Planning Services 1555 N. 17th Avenue,Greeley CO.80631 Ph:(970)353-6100 ext. 3537 Fax:(970)304-6498 IC6i T911 WECO..uCOU N 'V 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. 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II it 1�..itd I....t..,i ..., _.......__.. __..• • •o, ww�wiwwww++w�+aws 1861 -2011 MEMORANDUM �J TO: Weld County Commissioners WEL '10 NTY DATE: December 5, 2011 I_J FROM: Chris Gathman (1 A - SUBJECT: USR-1628 Status Timeline: • Approved by the Board of County Commissioners 3/5/2007. • Late plat notification letter sent 7/22/2010. • Late plat notification letter sent via certified mail 8/4/2011. • Certified mail receipt—Tom Hellerich—received 8/11/2011. • 2nd Late plat notification letter sent via certified mail 9/26/2011. • Certified mail receipts(Tom Hellerich, CB Keirnes& Company, Olgilvy Irrigating) received 9/29/2011. • 3rd late plat notification letter sent via certified mail 11/3/2011. • Return receipt received from Olgivy Irrigating Company— 11/7/2011. • Return receipts received from Tom Hellerich & CB Keirnes Land Company— 11/9/2011. • Letter received from Tom Hellerich 12/1/2011 - indicating Bill Blair Corp. purchased Texas American Resources and is requesting a 30-day continuance to finalize conditions of approval and record the plat. Remaining Outstanding Conditions of Approval: All conditions of approval stipulated on the USR-1628 resolution are still outstanding. Staff Recommendation: Staff is recommending that this case be continued for at least 30-days to allow the applicants (the new owner) to finalize outstanding conditions of approval and submit the plat for recording. 2012-0073 PL/95q WINTERS, HELLERICH & HUGHES, LLC Attorneys at Law Thomas B.Hellerich 5754 W.11th Street,Suite 101 William W.Hughes Greeley,Colorado 80634-4811 Bradley D.Lane thellerich®wh-h.com Phone:(970)352-4805•Fax:(970)352-6547 Julie A.Scroggins Jerry D.Winters December 1,2011 Mr. Chris Gathman Weld County Planning 1555 N. 17th Avenue Greeley,CO 80631 Via Email:cgathman@co.weld.co.us Re: USR 1628—December 5, 2011 County Commissioners Hearing Dear Chris: Bill Blair Corp. bought out Texas American Resources,including USR 1628. On their behalf,I am requesting a continuation for 30 days to enable them to review the records and prepare the necessary documents to complete the USR. Very truly yours, Thomas E.Hellerich TEH/kjt Esther Gesick From: Chris Gathman Sent: Friday, December 02, 2011 6:38 AM To: Esther Gesick Subject: FW: USR 1628- 12/5/11 Hearing Attachments: 20111201105014948.pdf FYI for Monday. Chris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Avenue, Greeley CO. 80631 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 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. Original Message From: Kristen Thompson [mailto:kristen(alwh-h.com] Sent: Thursday, December 01, 2011 10:56 AM To: Chris Gathman Subject: USR 1628 - 12/5/11 Hearing Mr. Gathman, Please see attached letter. Thank you. Kristen Thompson Legal Assistant to Tom Hellerich Winters, Hellerich & Hughes, LLC 5754 W. 11th Street, Suite 101 Greeley, CO 80634 (970) 352-4805 Statement required by the Internal Revenue Service: A United States Treasury regulation known as Circular 230 requires us to inform you that any tax advice in this e-mail, including attachments, was not written, and cannot be used by you, for the purpose of avoiding any penalties that may be imposed under the Internal Revenue Code. In addition, you may not use any advice from our firm in promoting, marketing, or recommending any transaction to anyone else. Attorney-Client Privilege Statement: 1 This message and any attachments may be protected by the attorney-client privilege. If you believe that it has been sent to you in error, do not copy or distribute it. Please reply to the sender that you have received the message in error and then delete it. Confidentiality Notice: This e-mail contains confidential and/or privileged information and is intended to be read only by the person or authorized representative of the organization to whom it is addressed. If you are neither of these persons, you have received this e-mail in error. Please do not print, copy, re-transmit, disseminate or otherwise use the information, all of which are prohibited. Please immediately notify the sender by return e-mail or by telephone that you have received this communication in error and delete this e-mail from your system. Thank you. 2 1661 - 2011 DEPARTMENT OF PLANNING SERVICES 1555 N 17th Ave WELDO-COU TY Greeley, CO 80631 cgathman@co.weld.co.us PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 November 3, 2011 Ogilvy Irrigating and Land Company 822 7th Street, Suite 760 Greeley, CO 80631 CB Keirnes Land Company LLC P.O. Box 7 Eaton, CO 80615 Thomas Hellerich —Agent for TARH E&P Holdings, L.P. 5754 W. 11th Street, Suite 101 Greeley, CO 80634 Subject: 3r° Letter - Outstanding Conditions of Approval and Items to be Completed Prior to Recording the Plat for Use by Special Review, USR-1628. Dear Applicant: The Planning Department is working through our historical case files in an effort to resolve unrecorded and outstanding land use permits. You are receiving this letter because you have applied for a Use by Special Review (USR) permit with Weld County but have never followed through the steps to complete the process. You should have received two other letters from me in August and September concerning the same topic. On March 5, 2008, your application for an Use by Special Review was approved by the Weld County Board of County Commissioners with specific Conditions of Approval. At this time the conditions of approval have not been satisfied and a Mylar Plat has not been recorded with Weld County Clerk and Recorder. One of the required Conditions of Approval in the Board of County Commissioners resolution grants the applicants thirty (30) days to submit a Mylar Plat, and provide written evidence that all conditions outlined in the resolution have been completed. Should you choose not to complete the Use by Special Review process and provide the required Mylar Plat, the Department of Planning Services requests written notification of your decision to withdraw the application and that the use is not active on the property. If you are unable to meet the Conditions of Approval and record the plat by December 5, 2011 an initial hearing is scheduled with the Board of County Commissioners. The hearing will take place at the Weld County Administration Building, located at 1150 O Street, at 9:00 am on December 5, 2011. It is strongly encouraged that you attend this hearing. At this hearing the Board of County Commissioners has the P�i95q authority to grant additional time to meet all the conditions/requirements of approval and record the plat or schedule a final determination hearing to rescind approval of Use by Special Review, USR-1628 and deny the application. If you chose to withdraw the application please sign and date the enclosed form and return to the Weld County Department of Planning Services, Attn: Chris Gathman, 1555 N 171h Ave., Greeley, CO 80631. If you have further questions, please contact me at the above address or call (970) 353-6100 x 3540. Sincerely, = v � Chris Gathman Planner III • • November 3, 2011 Department of Planning Services Attn: Chris Gathman 1555 N. 17th Ave Greeley, CO 80631 RE: Use by Special Review Application (USR-1628) Dear Mr. Gathman, We wish to withdraw our Use by Special Review Application, Thanks. Please attach documentation that the use is no longer active on the property in question. Name date Name date • 1861 - 2011 DEPARTMENT OF PLANNING SERVICES 1555 N 17th Ave W E L DEC O U N T Y Greeley, CO 80631 cgathman@co.weld.co.us PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 November 2, 2011 Ogilvy Irrigating and Land Company 822 7th Street, Suite 760 Greeley, CO 80631 Thomas Hellerich —Agent for TARN E&P Holdings, L.P. 5754 W. 11th Street, Suite 101 Greeley, CO 80634 CB Keirnes Land Company LLC P.O. Box 7 Eaton, CO 80634 Subject: 3r° Letter - Outstanding Conditions of Approval and Items to be Completed Prior to Recording the Plat for Use by Special Review, USR-1628. Dear Applicant: The Planning Department is working through our historical case files in an effort to resolve unrecorded and outstanding land use permits. You are receiving this letter because you have applied for a Use by Special Review (USR) permit with Weld County but have never followed through the steps to complete the process. You should have received two other letters from me in August and September concerning the same topic. On March 5, 2008 your application for a Use by Special Review was approved by the Weld County Board of County Commissioners with specific Conditions of Approval. At this time the conditions of approval have not been satisfied and a Mylar Plat has not been recorded with Weld County Clerk and Recorder. One of the required Conditions of Approval in the Board of County Commissioners resolution grants the applicants thirty (30) days to submit a Mylar Plat, and provide written evidence that all conditions outlined in the resolution have been completed. Should you choose not to complete the Use by Special Review process and provide the required Mylar Plat, the Department of Planning Services requests written notification of your decision to withdraw the application and that the use is not active on the property. If you are unable to meet the Conditions of Approval and record the plat by December 5, 2011 an initial hearing is scheduled with the Board of County Commissioners. The hearing will take place at the Weld County Administration Building, located at 1150 O Street, at 9:00 am on December 5, 2011. It is strongly encouraged that you attend this hearing. At this hearing the Board of County Commissioners has the authority to grant additional time to meet all the conditions/requirements of approval and record the plat or schedule a final determination hearing to rescind approval of Use by Special Review, USR-1628 and ✓ • • deny the application. If you chose to withdraw the application please sign and date the enclosed form and return to the Weld County Department of Planning Services, Attn: Chris Gathman, 1555 N 17th Ave., Greeley, CO 80631. If you have further questions, please contact me at the above address or call (970) 353-6100 x 3540. Sincerely, fA:to c 1 Chris Gathman Planner III • S October 28, 2011 Department of Planning Services Attn: Chris Gathman 1555 N. 17th Ave Greeley, CO 80631 RE: Use by Special Review Application (USR-1628) Dear Mr. Gathman, We wish to withdraw our Use by Special Review Application, Thanks. Please attach documentation that the use is no longer active on the property in question. Name date Name date SENDER: COMPLETE THIS SECTIQN CONPI ETE THIS SECTION ON DELIVERY a4 • Complete items 1,2,and 3.Also complete A. Signature item 4 If Restricted Delivery Is desired. x 7 1� - � ❑,gAgent • Print your name and address on the reverse 1'I ddn„�.,, so that we can return the card to you. B. Received by(tainted Name) C. D e of elivery • Attach this card to the back of the mallpiece, 7 or on the front If space permits. �i>e 1)1/20, j-k>--I..-%IcY 1,\ 1 l D. Is delivery address different from Item 1? Y 1. Article Addressed to: Q If YES,enter delivery address below: O No OD I A J y -C-1-3c Slri 4 � J (7, //2ZJI�. SJ -7, /5;-c7(o0 C�V.¢C,C�1 Co OOl� 3 9 - p„�1vi rvice Type Cert yd Mall ❑Express Mail �3 O Registered O Retum Receipt for Merchandise ?0 I 1 O insured Mail ❑C.O.D. ,;:... -,`.� ,RTr-acted Delivery?(Extra Fee) O Yes 2. Article Number 1": 610 -104 0000 2045 4643 (transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY IS Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery Is desired. /� O Agent X• Print your name and address on the reverse �J,( „ n �❑Addressee so that we can return the card to you. B. Receivvvoggd by(Printed Name) C. Q�te of Delivery • Attach this card to the back of the mailpiece, L . /� a i„e /' 11�iii)44 on the front if space permits. L� e, ( q I ca.5 s [� 1. Article Addressed to:1 { ` D. hem 1? O Yes i' 7-TANow .c \As\\L.NC.� ter J M,.I', Y�'I.O` V1ri A ,„� �` -r�Q� PNoI� S NOV 07 ?oil 57511 6J. l ( cir,5,,,-k b I weld County I -rT 1 ,;(. ..Isr4 � a B6r11Wh1kY QhFIC_ l� E��\ CO ��� *Certified Mail O Express Mall 1O Registered O Retum Receipt for Merchandise ❑Insured Mall ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service laben 7010 1670 0000 2045 4520 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 SEN SE•: C•M•LETE THIS SEC7/•N COMPLETE THIS SECTI•N •N •ELIVE•Y • Complete items 1,2,and 3.Also complete A. -.ii pature 1tem4 if Restricted Delivery Is desired. ( O Agent • Print your name and address on the reverse X ,�1 �4 O Addressee so that we can return the card to you. Erft ved by dig _ ) C. Date of Delivery • Attach this card to the back of the mailpiece, v, or on the front If space permits. D. Is delivery address different-• item 1? O Yes 1. Article Addressed to: If YES,enter delivery add below: O No L3 k 3�,7-Y. .s ( CovtraiJ� P.O. 0k CO r io&S � `. - . .• 3. Service Type igCertlffed Mail ❑Express Mall L0Y f) :) /0 11 O Registered O Return Receipt for Merchandise net O Insured Mall ❑C.O.D. fart LI I ; J ,., 4. Restricted Delivery?(Extra Fee) ❑yes z. Article Number 7010 1670 0000 2045 4650 (Transfer from service laae0 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 V SEMI E•: CIM•LETE THIS SECTI•N COMPLETE THIS SECTI•N •N •ELIVE•Y • Complete Items 1,2,and 3.Also complete A. :ig ature / 'I item 4 if Restricted Delivery is desired. O Agent • Print your name and address on the reverse X ►� O Addressee so that we can return the card to you. R: =Ned • t• _) C. 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Date of Deli ery • Attach this card to the back of the mailpiece, f�U ` i9_ or on the front if space permits. ..,._ - ...,. 7 D. Is d '• .=�.•res9'. . 'y`.' ''' ? ❑Yes 1. Article Addressed to: If YES,enter delivery address._ 'w: ❑No 1 NOV 0 / 7011 Os ''�J Zfri �h�atsti Cf2. 3 �C- 1ydeU L , )epnrtment 7Z-2_ � 5 , S C6O 3.�Service Type ttA 1 (0 XL'S1 wl Ceniied Mail ❑Express Mall ❑Registered In Return Receipt for Merchandise O Insured Mall O C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7010 1670 0000 2045 4513 (Transfer from service label) _ PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 _-. SENSE': C/M'LETE THIS SECTI/N C/hl!'LETE'i IFS SECTI/N /N/ELIVE•Y • Complete items 1,2,and 3.Also dompiete A. Signet 1 item 4 if Restricted Delivery Is desired. X ' CI Agent • Print your name and address on the reverse A • " 't ❑Addresses so that we can return the card to you. B. Received bi(alnted Name) Qato of Delivery • Attach this card to the back of the mailpiece, h _;; / / / /W e.UV - 7 2611 or on the front if space permits. D. Is delivery address different fro-- . Article Addressed to: If YES,enter delivery addm t -'.ov S 4.9.A���-� 519 -1 w . i(tt 4rett,S;' it 6rtCACM, Cs) IC(OS 41 r-. -- /-- - 3. Service Type rectified Mail O Express Mall 'LJ Registered O Return Receipt for Merchandise O Insured Mall 1:1 C.O.D. HOV 0 9 7011 4. Restricted Delivery?(Extra Fee) O Yes 2. Article N rtn.r r r ' -` "� (Transfer bum se .OFF� 10 1670 0000 2045 4667 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 • N, U.S. Postal Service.M CERTIFIED MAILira RECEIPT t` (Domestic Mail Only;No Insurance Coverage Provided) Lr3 a- p ,."tees S ru C. 'If Fee Postmark p Return Receipt Fee Here p (Endorsemen Re_tutted) CI Restricted Delivey Fee (Endorsement Pestered) jgTotal Postage&Fees $ H p Sent To—rm O CS 14-2- (1 lc 0J\ f rq Street rorPOS°xtNo. S1SH Wt (( S s�. S„, IQ C/ State,ZIP+<C7Cee 1 PS Form 3800.August 2006 See Reverse for Instructions VLI II II ILL/ I••/t•—''.' • •LVLII I p (Domestic Mail Only;No Insurance Coverage Provided) F•r elivery lnt•rmati•n visit ur we•siteat www.us•s.c• • ms a- e u-I Postage $ (1J Certified Fee p Postmark p Rsturn equir Here p (Endorsement Receipt Required) ) O Restricted n Fee - (Endorsement Required) p I` Total Postage&Fees $ r9 Sent To r9 Street.Apt.No.; J p or PO Box No. tit, 3cc City,State,ZIP+4 -F,O-t.1.2, CO r Bolds U.S. Postal Service., CERTIFIED MAIL RECEIPT m (Domestic Mail Only;No Insurance Coverage Provided) S F r•elivery tot rmati•n visit•ur we site at www.us•s.c•me, it g Ln Postage $ RI Certified Fee Q Postmark CI Return Receipt Fee Here (Endorsement Required) O Restricted Delivery Fee - (Endorsementst Required) p P- Total Postage&Fees $ r9 Sent T0D9i`•1� .7--�L,�0.\` G rte`^t(O.4„e At O or!Po Boxr eat Apt.No. a22 1fk -DI t_u \�psut, /fi(DO City.State,ZIP+4 G cc. e�t(0 PS Form 3800.August 2006 See Reverse for Instructions U.S. Postal Service TM CERTIFIED MAILTM RECEIPT I. (Danestic Mail Only;No Insurance Coverage Provided), ' Lo For,delivery information visit our website at www.usPs.come ,.. Postage S (1J ':ertitled Fee 0 Postmark Return Receipt Fee Here (Endorsement Required) O Restricted Delivery Fee (Endorsement Required) O r` Total Postage&Fees $ .A ra Sent To ^ t Ll H Street,Apt No.; O or PO Box No. Ra. Box 1 ~ City,State,ZIP+4 1 Nt co 70(03L.` PS Form 3800.August 2006 Sec Reverse for Instructions N CERTIFIED MAIL,,, RECEIPT o (Domestic Mail Only;No Insurance Coverage Provided) Lfl F r delivery lnt•rmati•n visit •ur we•site at www.us•s.c•ma 1 �, r 5C!.i u'I Postage $ Certified Fee O Postmark Return Receipt Fee (Endorsement e Required) Here CI Restricted Delivery Fee - (Endorsement Required) O r` Total Postage&Fees $ .A a Sent To,., v � S "-110_\\SJI(Jr-- r� Street,Apt No.; J 15q , t I rt 4t"Q z-1 r'r 5v;1-c- or PO cox Na. vv 7+ I01 t` City,State,ZIP+4 co Co g0(osq PS Form 3800 August 2006 See Reverse for Instructions N U.S. Postal Service-, CERTIFIED MAIL,. RECEIPT m (Domestic Mail Only;No Insurance Coverage Provided) rR t17 F r Delivery lnf•rmati•n visit •urwe•siteat www.us•s.c•m0, t`... J F Postage $ N Certified Fee Receipt Fee Postmark Return (Endorsement Required) ere CI Restricted Delivery Fee(Endorsement Required) 0 M1.1 Total Postage&Fees $ r-1 rI Sent To F19, \9cLA:n5 a La hcY Cow,ft,h6 Street,Apt.No.; p 0 �.-.Z r,1 * , O or PO Box No. O 71EJ`(p.� u & -7 M1 City,State,ZIP+4 6 eC1 ) CC) 5jn.a3k PS Form 3800.August 2006 See Reverse for Instructions • 1861 - 2011 DEPARTMENT OF PLANNING SERVICES 1555 N 17th Ave WE L DEG O UN T Y Greeley, CO 80631 cgathman@co.weld.co.us PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 September 26, 2011 Ogilvy Irrigating and Land Company 822 7th Street, Suite 760 Greeley, CO 80631 CB Keirnes Land Company LLC P.O. Box 7 Eaton, CO 80615 Thomas Hellerich —Agent for TARH E&P Holdings, L.P. 5754 W. 11th Street, Suite 101 Greeley, CO 80634 Subject: god Letter - Outstanding Conditions of Approval and Items to be Completed Prior to Recording the Plat for Use by Special Review, USR-1628. Dear Applicant: The Planning Department is working through our historical case files in an effort to resolve unrecorded and outstanding land use permits. You are receiving this letter because you have applied for a Use by Special Review (USR) permit with Weld County but have never followed through the steps to complete the process. You should have received another letter from me in August concerning the same topic. On March 5, 2008, your application for an Use by Special Review was approved by the Weld County Board of County Commissioners with specific Conditions of Approval. At this time the conditions of approval have not been satisfied and a Mylar Plat has not been recorded with Weld County Clerk and Recorder. One of the required Conditions of Approval in the Board of County Commissioners resolution grants the applicants thirty (30) days to submit a Mylar Plat, and provide written evidence that all conditions outlined in the resolution have been completed. Should you choose not to complete the Use by Special Review process and provide the required Mylar Plat, the Department of Planning Services requests written notification of your decision to withdraw the application and that the use is not active on the property. If you are unable to meet the Conditions of Approval and record the plat by December 5, 2011 an initial hearing is scheduled with the Board of County Commissioners. The hearing will take place at the Weld County Administration Building, located at 1150 O Street, at 9:00 am on December 5, 2011. It is strongly encouraged that you attend this hearing. At this hearing the Board of County Commissioners has the authority to grant additional time to meet all the conditions/requirements of approval and record the plat or schedule a final determination hearing to rescind approval of Use by Special Review, USR-1628 and deny the application. If you chose to withdraw the application please sign and date the enclosed form and return to the Weld County Department of Planning Services, Attn: Chris Gathman, 1555 N 17th Ave., Greeley, CO 80631. If you have further questions, please contact me at the above address or call (970) 353-6100 x 3540. Sincerely, , Chris Gathman Planner III • • September 26, 2011 Department of Planning Services Attn: Chris Gathman 1555 N. 17th Ave • Greeley, CO 80631 RE: Use by Special Review Application (USR-1628) Dear Mr. Gathman, We wish to withdraw our Use by Special Review Application, Thanks. Please attach documentation that the use is no longer active on the property in question. Name date Name date SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. /' 0 Agent X / • Print your name and address on the reverse i ,3 ,(u, ❑Addressee so that we can return the card to you. B. Received by(Printed Name) &VT Date of Delivery • Attach this card to the back of the mailpiece, k'L r. or t the front if space permits. r y 1. Article Addressed to: R el' t��d from Row 1'! 0 Yes o r li ress below: 0 No r112Ovfr 5 ll..1cL` SEP 2 9 2011 5154 IIf(" 6krt±, Si. to( q ` Weld County , �.:,: : g Department �jttzl�l CC) put, A 'GRrrI r v nccicE 3. Service Type 1 Certified Mall 0 Express Mail ❑Registered ❑Return Receipt for Merchandise ❑ Insured Mall 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7010 1870 0000 4773 6959 (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 10259soafa-154 SENDER: COMPLETE THIS SECTION Cr M•LETE THIS SECT/rN •N•ELIVE•Y • Complete items 1,2,and 3.Also complete A. g t re I item 4 if Restricted Delivery is desired. ❑Agent • Print your name and address on the reverse X t y 0 Addressee so that we can return the card to you. Rece i a C. Da of livery • Attach this card to the back of the mail lece, I yy f, /� % !/ or on the front if space permits. p -/ D. em i ❑ es 1. Article Addressed to: w: ❑ No 66 Rd r- L4"-, (Dt1401n LLC SEP 2 9 2011 F.O.11 --1- _)x Weld Count. .8 Depart 6,t - 100 Co O 3. SLlli4L YL 1 OFFI(,t P $Certified Mail 0 Express Mail ❑ Registered 0 Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7010 1870 0000 4773 6942 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 N. COMPLETE THIS SECTION ON DELIVERY SENDER: COMPLETE THIS SECTION • Complete items 1,2,and 3.Also complete A. Signature �nt Item 4 if Restricted Delivery Is desired. X R) ❑Addressee • Print your name and address on the reverse so that we can return the card to you. B. Received by(PH Name) C. Date of Delivery • Attach this card to the back of the mailpiece, g'077-1/ or on the front if space permits. D. Is deli d ❑Yes 1. Article Addressed to: If YES,enter delivery ad re b 0 No US;w,-\,1..)Det, in4 L,r,JQ (a. SEP 2 9 2011 72-2 'It, z-A-et rjti}c '7(00 Weld CouGRnty , fd, ,r t+ Jg Depar t ofricr 6tLcn1 co 70c/3\ 3. ServiceType i&Certifled Mail 0 Express Mail ❑Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7010 1870 0000 4773 6935 (transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 • • `" U.S. Postal Service:, CERTIFIED MAIL,, RECEIPT cr (Domestic Mail Only;No Insurance Coverage Provided) uT IT F•r•elivery inf•rmati•n visit •ur we•site at www.us•s.c•mn 0 mJa NPostage $ S Certified Fee Postmark ero p Return Receipt Fee O (Endorsement Required) Here CI Restricted Delivery Fee m - (Endot Dt Required) O M1 • Total Postage&Fees $ ra O Sent Tor-r o. O1"•‘O._ 14-45,\ ¢ CL— rR Street,Apt'No No.; L j $ 0 or PO Box No. 5751 w, itft1 S'`r�'A_{' 51t. IO City,State,ZIP+4 Gc_ctsSiso I CO 51t(234 PS Form 3800.August 2006 Sue Reverse for Instructions ` U.S. Postal Service CERTIFIED MAIL:r RECEIPT S • (Domestic Mail Only;No Insurance Coverage Provided) O" P•r•eilvery inf.rmatl.n visit•ur we•site at www.us•s.c.-n Atly m� M1 M1 Postage $ Certified Fee O Return Receipt Fee Postmark O (Endorsement Required) Here O Restricted m Delivery Require ed) - (Endorsement Requiretl) M1 C C Total Postage&Fees $ to Sent ToCE 1c4 S r��Ort..pm Street,Apt.No.; M1 or PO Box No. •O. t vlx 1 City,State,ZIP.4 ( Co qzzgD61 S PS Form 3800.August 200O66 See Reverse for Instructions U.S. Postal Service,- CERTIFIED MAIL TT RECEIPT Ls, (Domestic Mail Only;No Insurance Coverage Provided) O— F• .•eilvery lnf.rmati•n visit•urwe•slte at www.us•s.c•mm; p m Og I C L M1 M1 USE Postage $ S Certified Fee O Return Receipt Fee Postmark O (Endorsement Required) Here O Restrictedem Delivery Requree ) - O (Endorsement Re Wired) M1 C Total Postage&Fees $ tI Sent To O,tLfy MreinCIIl s zteetca (a pTarn o Street,Apt No.; �1 4 M1 or PO Box No. Z22_763b-edf G j.. -7GQ City State,ZtPi4 Co &C(o3 PS Form 3800.August 2006 See Reverse for Instructions 1861 - 2011 DEPARTMENT OF PLANNING SERVICES 1555 N 17th Ave WELD.__,000NTY Greeley, CO80631 cgathman@co.weld.co.us PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 August 4, 2011 Ogilvy Irrigating and Land Company 822 7'h Street, Suite 760 Greeley, CO 80631 Thomas Hellerich—Agent for TARH E&P Holdings, L.P. 5754 W. 11'h Street, Suite 101 Greeley, CO 80634 Re: Conditions of Approval; Use by Special Review USR-1628 Dear Applicant: On March 5, 2008, your application for an Use by Special Review was approved by the Weld County Board of County Commissioners with specific Conditions of Approval. At this time the conditions of approval have not been satisfied and a Mylar Plat has not been recorded with Weld County Clerk and Recording. One of the required Conditions of Approval in the resolution grants the applicants thirty (30) days to submit a Mylar Plat, and provide written evidence that all conditions outlined in the resolution have been completed. Should you choose not to complete the Use by Special Review process and provide the required Mylar Plat, the Department of Planning Services requests written notification of your decision to withdraw the application and that the use is not active on the property. Planning Services Staff is aware of the difficulty and associated delays in meeting the Conditions of Approval normally associated with land use cases, and is willing to work with you in completing your request. Please notify the Department of Planning Services, in writing, within 10 working days of your decision to complete the Use by Special Review within the next 60 days or withdraw the application. If you chose to withdraw the application please sign and date the enclosed form and return to the Weld County Department of Planning Services, Attn: Chris Gathman, 1555 N 17th Ave., Greeley, CO 80631. If you have further questions, please contact me at the above address or call (970) 353-6100 x 3540. (Siniinnncc/erely, G Lam^hris Gathman Planner III pc: case file 1 • • August 4, 2011 Department of Planning Services Attn: Chris Gathman 1555 N. 17`" Ave Greeley, CO 80631 RE: Use by Special Review Application (USR-1628) Dear Mr. Gathman, We wish to withdraw our Use by Special Review Application, Thanks. Please attach documentation that the use is no longer active on the property in question. Name date Name date SENsE': C•M'LETE THIS SEC TI•N CO MPLETE THIS SECT/eN •N PELIVE•Y • Complete Items 1,2,and 3.Also complete A Signature Item 4 if Restricted Delivery Is desired. IO Agent • Print your name and address on the reverse iL<' 1.L i ��� O Addressee so that we can return the card to you. B. Received by(Printed Name$ C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front If space permits. Rani? ■ ves 1. Article Addressed to: YES,enter delivery address below: ❑ No j kor\c s {-lt\\tr1cL AUG 1 1 2011 575t( W, lilt 5f'tCt', Iol Id Cc own' 6(2LICy (QOJ("I 3. Service Type J *Certified Mall O Express Mall ❑ Registered O Return Receipt for Merchandise ❑Insured Mall O C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes 2. Article Number 7010 1670 0000 2045 4223 (monster from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 U.S. Postal Service N., CERTIFIED MAIL,, RECEIPT rn (Domestic Mail Only;No Insurance Coverage Provided) N ru F•r liveryint•rmati•nvistt urwe•siteatwww.us•s.c•my to Postage $ f1J Certified Fee Postmark Return Receipt Fee Here (Endorsement Required) O Restricted Delivery Re Fee — (Endorsement Required) 0 f`- Total Postage&Fees ..D R Sent TOT (,_'lam_( 0 l nwwS t ky1 c 0 o;Po`eo`NT.;5 .;5 tsy w. IIt �4TKf, $:1c lot M1 City,Stare,ZIPa4 C.C'ee-1c , CO Bn(o34 PS Form 3800.August 200t See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete Items 1,2,and 3.Also complete A. Signature Item 4 if Reshicted Delivery Is desired. �^ -Et-gent ▪ Prim your name and address on the reverse X `,\ II)i Addressee so that we can return the card to you. B. Received by(PriAted Name) C. Date of Delivery • Attach this card to the back of the mailpiece, OA. U r 4 to �r�/I or on the from if space permits. D. Is delivery address different from item 1? Cl Yes 1. Article Addressed to: awls li S below: 0 No 65;1,L5 an-,3G"�n ASS LS Comet Lv '$2Z '1-1 s S,,1c. 1(oC) AUG 10 2011 ExcAg _ (0 SD(o3\ we C 5�JbNdc�i°n„I�fig° i.et.M.lit `a'"\1 erect F� Mall ei J Registered O Return Receipt for Merchandise O Insured Mall O C.O.D. 4. Restricted Delivery?(Extra Fee) Cl Yes 2. Article Number 7010 1670 0000 2045 14216 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102585-02-M-1540 U.S. Postal Service,,,, CERTIFIED Ml AIL.RcecoEvI geP'°°'d`d) (Domestic Mail Only;rq ru F r• - livery inf•rmati nvisit•urwe•site at www.us•s.e•In 7 ul $ 7 Postage Iii Certified Fee - Postmark Here O Return ReceiptFee (Endorsement Required) p Restricted Delivery Fee (Endorsement Required) o $N mud Postage a Fees ..D I�� I p Sent To �_ ` "h w ff-L-a+n� .. 3--"R�..-- Y .Jj� ra Street.Apt.No.. .y 2Z _-71 SStre_a 1 50;4(- C) 7i .-. GIN•State,Z(P+4 / _Qs`�1 ,O lam_ Sec Reverse for Instructions PS Form 3800.August 2006 Identify Results • Page 1 of 1 Parcel Valuation Account#: R6779241 Parcel#: 080523300029 Owners Name&Address: Property Address: OGILVY IRRIGATING & LAND CO Street: 822 7TH ST SUITE 760 City: GREELEY, CO 80631 Business/Complex: Legal Description PT E2 23 666 LOT B REC EXEMPT RE-5061 Land Value $96,981 Land Assessed Value $28,120 Imor. Value $4 Impr. Assessed Value $2 Total Value $96,981 Total Assessed Value $28,120 Tax Area: Bordering County: Township Range Section Quart.Sec. Subdivison Name Block# Lot# 06 - 66 - 23 - 3 - - Land Subtotal: Acres:19.48 Sale Price Sale Date Deed Type Reception # $0 http://maps2.merrick.com/W ebsite/W eld/SetSgl.asp?cmd=QUERY&DET=Parcel&pin=080... 8/4/2011 -r' L ' DEPARTMENT OF PLANNING SERVICES E-MAIL ADDRESS: cgathmanco.weld.co.us CWWW.CO.WELD.CO.US 1555 N. 171h Avenue, Greeley, CO. 80631 Phone: (970) 353-6100 Ext. 3537 COLORADO Fax: (970)304-6498 July 22, 2010 Thomas Hellerich Winters, Hellerich & Hughes LLC 5754 W. 11th Street, Suite 101 Greeley, CO 80634 Subject: USR-1628, Part of the W2NE4SE4 of Section 23, T6N, R66W of the 6th P.M., Weld County, Colorado Dear Mr.Hellerich, Notice is hereby given that the property listed above, is not in compliance with USR-1628(Special Use Permit 1628).All conditions of the original permit must be in compliance by Monday,August 23rd 2010 or a Probable Cause public hearing, pursuant to Chapter 23, Article 11(2), Division 4, Section 23-2-270 of the Weld County Code, will be scheduled. If the Probable Cause Hearing is scheduled, the purpose of this public hearing will be to review case number USR-1628, for compliance with the Development Standards, as approved by the Board of County Commissioners on March 5,2008, to determine if probable cause exists to hold a hearing on revocation of the permit. Representatives of this office have determined that you are not in compliance with the following condition of approval: "Upon completion of 1.and 2. above the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty(30)days from the date of the Board of County Commissioners resolution.The applicant shall be responsible for paying the recording fee." All conditions of approval shall be addressed and the USR plat shall be submitted for recording by no later than August 23rd, 2010. Alternately, should the applicant not wish to proceed with the application a letter requesting withdrawal of USR-1628 can be submitted to the Department of Planning Services. If it is determined at the public hearing that there is probable cause that you are not in compliance with USR- 1628,the Board of County Commissioners will schedule a Show Cause public hearing to consider revocation of the Use by Special Review permit. • • Any information you have that may help to resolve this matter will be helpful. Should you have any questions regarding this letter, or if you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Sincerely, Chris Gathman Planner III pc: USR-1628 I Chris Gathman From: Chris Gathman Sent: Sunday, July 05, 2009 10:47 AM To: 'stevel@kingsurveyors.com' Subject: USR-1628 (2008152USR) & USR-599 partial vacation (2008142USR) Steve, 1 thought I had reviewed these plats and provided you comments. After second look though I don't believe I sent you my review comments. The plat indicates drawn by "BTB" and checked by yourself. I don't have contact information for BTB so I sent this to you. There were only a few minor changes clarifications: USR 1628 plat: 1) Make the topo. lines a lighter shade. USR-599 partial vacation plat: 1) Hatch in the entire USR boundary area on the before and after vicinity maps so that it is clear what area is being vacated out of the USR. Let me know if you have any questions. Sincerely, Chris Gathman Planner III (970) 353-6100 ext. 3537 1 Hello