HomeMy WebLinkAbout20120547.tiff RESOLUTION
RE: ACTION OF BOARD AT INITIAL HEARING CONCERNING RESCINDING USE BY
SPECIAL REVIEW PERMIT #1030 - BURLINGTON NORTHERN SANTA FE
RAILROAD COMPANY
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 October 6, 1993, the Board approved the application of Burlington
Northern Railroad, 176 East 5th Street, St. Paul, Minnesota 55101, for a Site Specific
Development Plan and Use by Special Review Permit#1030 for a Private Microwave Repeater
Station in the A (Agricultural) Zone District, on the following described real estate, being more
particularly described as follows:
Part of the NE1/4 of Section 27, Township 1 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 28, September 27, and December 15, 2011, and
WHEREAS, on the 11th day of January, 2012, 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#1030 and Deny the application, and
WHEREAS, at said hearing, representatives of the Burlington Northern Santa Fe
Railroad Company were not present, and
WHEREAS, after hearing all testimony presented, the Board deemed it advisable to
continue the matter to January 25, 2012, and again to February 27, 2012, to allow the applicant
additional time to meet all of the conditions/requirements of approval and record the plat, and
WHEREAS, on February 27, 2012, representatives of the Burlington Northern Santa Fe
Railroad Company were not present, and
WHEREAS, after hearing all testimony presented, the Board deemed it advisable to
dismiss the hearing.
C� . pt. ; ck1 a pp I. 2012-0547
3 a-LI-I a PL0927
INITIAL HEARING CONCERNING RESCINDING USR #1030 - BURLINGTON NORTHERN
SANTA FE RAILROAD COMPANY
PAGE 2
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Initial Hearing concerning Use by Special Review Permit #1030
be, and hereby is, dismissed.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 27th day of February, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ✓ C aye
Sean ay, Chair
Weld County Clerk to the Board
aye
illiam F. rcia, Pro- -m
BY: °'7
Deputy 1-rk to the Boar -_ . w ,. na
rbara Kirkmeyer
3E61 fffililkz?
APP A • •RM. 0 -CXCUSED
WA, avid E. Long
ttorney �� '�.' ;I( ^�,� Cs 'p V— aye
ouglas F'ademache
Date of signature: 9)" a3J 3
2012-0547
PL0927
eb -zo , MEMORANDUM
WELD pOU To: Board of County Commissioners
NTY
From: Kim Ogle, Planning Services
Subject: USR-1030, Burlington Northern — Santa Fe Railway
Date: January 23, 2012
The applicant, Burlington Northern Railroad was conditionally approved on October 6, 1993 for a
private microwave repeater station in the Agricultural Zone District.
Timeline:
October 23, 2001 Letter sent to Burlington Northern Railroad requesting notice of
proceeding with application and addressing conditions of approval
including the presentation of the plat to Planning Staff
July 21, 2003 Letter sent to Burlington Northern Railroad requesting notice of
proceeding with application and addressing conditions of approval
including the presentation of the plat to Planning Staff
August 12, 2003 Response electronic mail from Erik Peterson of Burlington Northern Santa
Fe Railroad Telecommunications department acknowledging letter of July
21, 2003 from J. Hatch, Weld Planning
January 12, 2006 Electronic mail from J. Hatch, Weld Planning requesting follow-up status
from previous correspondence in August 2003.
January 12, 2006 Electronic mail response indicting willingness to complete conditions of
approval and seeking assistance for Weld Planning
January 18, 2006 Electronic mail response from Erik Petersen indicting new check prints of
facility for compliance with USR Plat would be forthcoming
January 31, 2006 Letter to BNSF, attention Erik Petersen from P. Gregory indicting an
expired building permit and violation of Building Code for construction
without an active and approved building permit
January 26, 2006 Electronic mail response from Erik Petersen indicting he is contact for
completing this permit
SERVICE,TEAMWORK,INTEGRITY.QUALIFY
2012-0547
PLo9aq
January 27, 2006 J. Hatch, Weld Planning mailed paper plat to E. Petersen for reference.
Redlined Plat mailed to Danny Short at the request of E. Petersen.
March 23, 2006 Electronic mail from E. Petersen seeking comment of USR 1030 Plat as
prepared by D. Short, BNSF RR
March 29, 2006 Electronic mail response to plat provided by J. Hatch, Weld Planning
March 29, 2006 Electronic mail response from Erik Petersen acknowledging required
amendments to Plat.
April 7, 2006 Electronic mail from E. Petersen seeking comment of USR 1030 Plat and
follow-up on new building permit application for facility
April 11, 2006 Electronic mail from E. Petersen to Peggy Gregory as follow-up to April 7,
2006 email from J. Hatch, Weld Planning seeking direction of
requirements for new building permit
April 12, 2006 Electronic mail from P. Gregory, Weld Building Compliance noting expired
permit [2001] due to lack of inspections and indicating a new permit will
need to be submitted for all inspections to be completed
April 13, 2006 Electronic mail from E. Petersen indicating new contacts for completion of
USR-1030 land use permit and associated Building permits for facility
Danny short with BNSF RR— TS Contract Management and Vice
President— Law to the Legal Department
May 16, 2006 Building Violation Letter sent from P. Gregory Weld Building Compliance
to Danny short with BNSF RR - TS Contract Management and Vice
President— Law to the Legal Department
July 19, 2006 Electronic mail from P. Gregory, Weld Building Compliance to Mark
Wentland indicating Weld Building has not received new building permit
for the for the repeater station
August 13, 2006 Electronic mail from P. Gregory , Weld Building Compliance requesting
follow-up status from previous correspondence on July 19, 2006
October 24, 2006 Electronic mail correspondence with Mark Wentland and E. Petersen of
BNSF RR, addressing the lack of a paper plat for review and a new
building permit for the microwave repeater station.
February 28, 2007 Electronic mail from J. Hatch and P. Gregory, Weld Planning and Building
Compliance requesting status of USR-1030 plat and new building permit.
February 28, 2007 Electronic mail from M. Wentland indicting their consultant was preparing
the USR-1030 plat
March 9, 2007 Telephone call received from Greg Britz, Manager Technology Services —
Telecom, BNSF Railway indicating that two paper plats would be
SERVICE,TEAMWORK,INTEGRITY,QUALITY
submitted with one electronic copy for review
March 9, 2007 Electronic mail from J. Hatch to G. Britz acknowledging receipt of .pdfs of
Building permit No. 42137
April 2, 2007 Electronic mail from J. Hatch, Weld Planning requesting follow-up status
from previous correspondence in March 2007
April 30, 2007 Electronic mail from J. Hatch, Weld Planning acknowledging receipt of
Survey Plat for Repeater Site. Follow-up correspondence provided
direction on the preparation of the USR-1030 plat examples of same
forwarded electronically
May 17, 2007 Electronic mail from Eldon Prax, Technology Services requesting contact
from Weld Planning to complete plat requirements.
May 17, 2007 Electronic mail from J. Hatch, Weld Planning indicating initial steps in plat
preparation
July 26, 2007 Electronic mail response from W. Cale (sham indicting he is contact for
completing this permit
August 8, 2007 Electronic mail response from W. Cale (sham indicting he is having
difficulties on obtaining internal case files for repeater station.
August 9, 2007 Electronic mail response from W. Cale Isham and Rick Schell providing
electronic plat of USR-1030
August 9, 2007 Electronic mail from J. Hatch, Weld Planning indicating this document
previously reviewed and provided additional comment and direction on
how to complete plat requirements.
August 21, 2007 Electronic mail from J. Hatch, Weld Planning indicating this plat was a
good beginning. Provided additional direction.
August 21, 2007 Electronic mail response from W. Cale Isham requesting review of plat.
August 21, 2007 Electronic mail from J. Hatch, Weld Planning indicating this plat required
the Development Standards to be placed on the drawing and appropriate
Certificate Blocks
February 29, 2008 Electronic mail from J. Electronic mail response from W. Cale Isham
requesting outstanding issues and what project was the inquiry about
March 6, 2008 Electronic mail from J. Hatch, Weld Planning provided comment that this
was a Special Use Permit for a microwave repeater station approved in
1993 that was not finalized (USR-1030). The property is located in part of
the NE4 of Section 27, Township 1 North, Range 66 West in weld County.
In August 2007 Weld Planning was corresponding with BNSF about
finishing the project.
SERVICE,TEAMWORK INTEGRITY,QUALITY
March 11, 2008 Electronic mail response from W. Cale Isham requesting list of corrections
for USR-1030 plat
March 13, 2008 Electronic mail from J. Hatch, Weld Planning requesting physical address
to mail materials in review
March 13, 2008 Electronic mail response from W. Cale Isham providing address
March 13, 2008 Electronic mail from J. Hatch, Weld Planning indicating materials would
be sent out on March 14, 2008
January 29, 2009 Electronic mail from J. Hatch, Weld Planning requesting status update on
Special Use Permit for a microwave repeater station approved in 1993
that was not finalized (USR-1030). The property is located in part of the
NE4 of Section 27, Township 1 North, Range 66 West in weld County. A
new Building Permit remains outstanding and will be released with receipt
of acceptable USR-1030 plat for recording
May 7, 2009 Electronic mail from J. Hatch, Weld Planning requesting status update on
Special Use Permit for a microwave repeater station approved in 1993
that was not finalized (USR-1030). The property is located in part of the
NE4 of Section 27, Township 1 North, Range 66 West in weld County. A
new Building Permit remains outstanding and will be released with receipt
of acceptable USR-1030 plat for recording
May 8, 2009 Electronic mail response from W. Cale Isham providing copy of Building
permit No. 42137.
May 12, 2009 Electronic mail from J. Hatch, Weld Planning requesting meeting with
BNSF representatives; field visit of May 11, 2009 by Weld Planning
indicates tower is erected and operational without obtaining the required
permits.
May 18, 2009 Electronic mail response from W. Cale Isham indicating that Mike Reed
would be contacting staff on concerning this site.
August 24, 2010 Letter from Kim Ogle, Weld Planning to W. Cale Isham, BNSF requesting
update on USR-1030.
July 28, 2011 First Letter sent to Burlington Northern Santa Fe Railway
August 10, 2011 Telephone call received from Dalen Wintermute, BNSF indicting he would
be coordinating the effort from Fort Worth with assistance from Mark
Wentland, Manager.
August 11, 2011 Electronic mail from K. Ogle, Weld Planning to D. Wintermute, BNSF
addressing outstanding land use conditions
September 22, 2011 Electronic mail from D. Wintermute, BNSF providing update on progress
SERVICE TEAMWORK IN1'LGRIIV.QUALITY
September 27, 2011 Second Letter sent to Dalen Wintermute, Burlington Northern Santa Fe
Railway
November 21, 2011 Third Letter sent to Dalen Wintermute, Burlington Northern Santa Fe
Railway
November 28, 2011 Electronic mail from Kris Krengel, Brighton Fire indicating all issues
previously communicated by this office have been resolved.
November 28, 2011 Electronic mail from K. Ogle, Weld Planning to D. Wintermute, BNSF
seeking a timeline for submittal of paper plats associated with USR-1030.
November 28, 2011 Electronic mail from D. Wintermute, BNSF indicating that the palt
information was forwarded to Rebecca Ortiz in the Real Estate
Department. Ms. Ortiz will contact K. Ogle shortly
December 1, 2011 Electronic mail and voice mail from Marco Vargas of HDR Engineering,
Inc in Fort Worth indicating the Conditions of Approval no. 4.a, 4.b, and
4.d had been addressed and HDR would be submitting paper plats
December 2, 2011 Electronic mail from K. Ogle, Weld Planning to M. Vargas, HDR
Engineering requesting evidence of and agreement to mineral interests,
and also provided plat requirements and examples of similar USR plats
December 2, 2011 Electronic mail from M. Vargas of HDR Engineering, Inc., providing
Mineral Deed and indicating the paper plats would be completed in 30
days.
December 22, 2011 Electronic mail from Scott Rustand, HDR Engineering, Inc. acknowledged
receipt of electronic mail to M. Vargas outlining requirements. Further
stated Matthew Barr from CVL Consultants in Englewood is preparing
USR-1030 plats.
January 9, 2012 Telephone call to Matthew Barr from CVL Consultants in Englewood
requesting status of plat. Meeting scheduled for Thursday 10AM for plat
review.
January 12, 2012 Staff met with Dallas Wilson, from CVL Consultants in Englewood to
review the requirements for the preparation of a plat for USR-1030.
Representatives for the Building Department requested a contact to gain
access to the microwave repeater tower and equipment shelter for final
inspection.
January 17, 2012 Electronic mail from M. Vargas of HDR Engineering, Inc., providing
contact information for Mark Wentland with BNSF railway
January 17, 2012 Electronic mail from Matthew Barr from CVL Consultants in Englewood
with attached .pdf of plat for initial review.
SEKV ICE,TEAMWORK.INTEGRITY,QUALITY
January 18, 2012 Electronic mail from staff to Matt Barr and Dallas Wilson indicating plats
as prepared were acceptable and ready for mylar and signature. Staff
requested BNSF to identify on the signature line who is signing for BNSF,
also provide documentation which demonstrates that the individual may
sign on behalf of BNSF
January 20, 2012 Electronic mail from M. Vargas of HDR Engineering, Inc., stating "We are
in the process of getting the appropriate BNSF signature with an affidavit of
signature for submittal to your office, but unfortunately the authorized person
who will be signing the Mylar is scheduled to be out of town the first part of next
week, which falls outside the expected delivery date of 1/24/2012.
Please take in good faith that we have worked diligently to meet your expected
delivery date, but is has come down to simple logistics as this time. I anticipate
the Mylar to be processed and signed by BNSF the later part of next week and if
all goes as planned it should be on your desk by February 1, 2012."
SERVICE_'II!AMWORK,INTEGRITY.QUAI El V
Kim Ogle
From: Vargas Jr., Marco [Marco.Vargas@hdrinc.com]
Sent: Friday, January 20, 2012 10:59 AM
To: Kim Ogle; Peggy Gregory
Cc: Mathew Barr; Rustand, Scott
Subject: BNSF USR 1030- BNSF Signature
Mr. Ogle,
I wanted to touch base with you regarding the BNSF Mylar for USR 1030. I understand that the completed content on
the Mylar by surveyor(CVL Mathew Barr) has been preliminarily approved by you and you're waiting for it to be signed
and submitted to the County by BNSF.
We are in the process of getting the appropriate BNSF signature with an affidavit of signature for submittal to your
office, but unfortunately the authorized person who will be signing the Mylar is scheduled to be out of town the first
part of next week, which falls outside the expected delivery date of 1/24/2012.
Please take in good faith that we have worked diligently to meet your expected delivery date, but is has come down to
simple logistics as this time. I anticipate the Mylar to be processed and signed by BNSF the later part of next week and if
all goes as planned it should be on your desk by February 1, 2012.
We appreciate your patience,
Regards,
MARCO VARGAS HDR Engineering,Inc
Real Estate Services
600 West Sixth StreetiSuite 1001 Fort Worth,TX 76101-3684
817.390.9810 1 c:817.682.4477
Marco.Vargas@hdrinc.com I hdrinc.com
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From: Kim Ogle [mailto:kogle@co.weld.co.us]
Sent: Tuesday, January 17, 2012 8:06 AM
To: Vargas Jr., Marco; Peggy Gregory
Cc: Wentland, Mark M; Mathew Barr; Rustand, Scott
Subject: RE: BNSF USR 1030
Marco,
Thank you for providing a local point of contact.
We will coordinate on this end to schedule a date and time for the site visit.
Thanks!
Kim
1
Kim Ogle
Planner III
Department of Planning
1555 North 17th Avenue
Greeley, Colorado 80631
Direct: 970.353.6100 x 3549
Office: 970.353.6100 x 3540
Facsimile:970.304.6498
+`._.1861It
I 1 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: Vargas Jr., Marco rmailto:Marco.Vargas@ hdrinc.coml
Sent: Tuesday, January 17, 2012 6:27 AM
To: Peggy Gregory
Cc: Kim Ogle; Wentland, Mark M; Mathew Barr; Rustand, Scott
Subject: BNSF USR 1030
Good Morning Ms. Gregory,
I was informed that your needing a contact person to gain access into the enclosure shelter that resides on what you
refer to as USR 1030(15986 CR 6,Co). Mark Wentland,will be your contact, his number is 303-480-6247, and email
address, Mark.WentlandPbnsf.com.
Thank you,
HDR Engineering,Inc
Real I:state Sariccs
MARCO VARGAS OiiO West Si\th Street Suite 1001 fort Worth.l X 761(11-3684
817.390.98101c:817.682.4477
Marco.Vargas a hdrinc.com hdrinc.com
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2
1861 -20 1 1 MEMORANDUM
wI E L o e 0 U N T Y To: Board of County Commissioners
`--- From: Kim Ogle, Planning Services
Subject: USR-1030, Burlington Northern — Santa Fe Railway
Date: January 11, 2012
The applicant, Burlington Northern Railroad was conditionally approved on October 6, 1993 for a
private microwave repeater station in the Agricultural Zone District.
Timeline:
October 23, 2001 Letter sent to Burlington Northern Railroad requesting notice of
proceeding with application and addressing conditions of approval
including the presentation of the plat to Planning Staff
July 21, 2003 Letter sent to Burlington Northern Railroad requesting notice of
proceeding with application and addressing conditions of approval
including the presentation of the plat to Planning Staff
August 12, 2003 Response electronic mail from Erik Peterson of Burlington Northern Santa
Fe Railroad Telecommunications department acknowledging letter of July
21, 2003 from J. Hatch, Weld Planning
January 12, 2006 Electronic mail from J. Hatch, Weld Planning requesting follow-up status
from previous correspondence in August 2003.
January 12, 2006 Electronic mail response indicting willingness to complete conditions of
approval and seeking assistance for Weld Planning
January 18, 2006 Electronic mail response from Erik Petersen indicting new check prints of
facility for compliance with USR Plat would be forthcoming
January 31, 2006 Letter to BNSF, attention Erik Petersen from P. Gregory indicting an
expired building permit and violation of Building Code for construction
without an active and approved building permit
January 26, 2006 Electronic mail response from Erik Petersen indicting he is contact for
completing this permit
SERVICI. I rAM W ORK,INTEGRE I V,QUAI-I I Y 2012-0246
PL.o9al
January 27, 2006 J. Hatch, Weld Planning mailed paper plat to E. Petersen for reference.
Redlined Plat mailed to Danny Short at the request of E. Petersen.
March 23, 2006 Electronic mail from E. Petersen seeking comment of USR 1030 Plat as
prepared by D. Short, BNSF RR
March 29, 2006 Electronic mail response to plat provided by J. Hatch, Weld Planning
March 29, 2006 Electronic mail response from Erik Petersen acknowledging required
amendments to Plat.
April 7, 2006 Electronic mail from E. Petersen seeking comment of USR 1030 Plat and
follow-up on new building permit application for facility
April 11, 2006 Electronic mail from E. Petersen to Peggy Gregory as follow-up to April 7,
2006 email from J. Hatch, Weld Planning seeking direction of
requirements for new building permit
April 12, 2006 Electronic mail from P. Gregory, Weld Building Compliance noting expired
permit [2001] due to lack of inspections and indicating a new permit will
need to be submitted for all inspections to be completed
April 13, 2006 Electronic mail from E. Petersen indicating new contacts for completion of
USR-1030 land use permit and associated Building permits for facility
Danny short with BNSF RR -TS Contract Management and Vice
President— Law to the Legal Department
May 16, 2006 Building Violation Letter sent from P. Gregory Weld Building Compliance
to Danny short with BNSF RR- TS Contract Management and Vice
President— Law to the Legal Department
July 19, 2006 Electronic mail from P. Gregory, Weld Building Compliance to Mark
Wentland indicating Weld Building has not received new building permit
for the for the repeater station
August 13, 2006 Electronic mail from P. Gregory , Weld Building Compliance requesting
follow-up status from previous correspondence on July 19, 2006
October 24, 2006 Electronic mail correspondence with Mark Wentland and E. Petersen of
BNSF RR, addressing the lack of a paper plat for review and a new
building permit for the microwave repeater station.
February 28, 2007 Electronic mail from J. Hatch and P. Gregory, Weld Planning and Building
Compliance requesting status of USR-1030 plat and new building permit.
February 28, 2007 Electronic mail from M. Wentland indicting their consultant was preparing
the USR-1030 plat
March 9, 2007 Telephone call received from Greg Britz, Manager Technology Services —
Telecom, BNSF Railway indicating that two paper plats would be
SERVICE.IEAM WORK.INTEGRITY.QUAI.I'FY
submitted with one electronic copy for review
March 9, 2007 Electronic mail from J. Hatch to G. Britz acknowledging receipt of .pdfs of
Building permit No. 42137
April 2, 2007 Electronic mail from J. Hatch, Weld Planning requesting follow-up status
from previous correspondence in March 2007
April 30, 2007 Electronic mail from J. Hatch, Weld Planning acknowledging receipt of
Survey Plat for Repeater Site. Follow-up correspondence provided
direction on the preparation of the USR-1030 plat examples of same
forwarded electronically
May 17, 2007 Electronic mail from Eldon Prax, Technology Services requesting contact
from Weld Planning to complete plat requirements.
May 17, 2007 Electronic mail from J. Hatch, Weld Planning indicating initial steps in plat
preparation
July 26, 2007 Electronic mail response from W. Cale (sham indicting he is contact for
completing this permit
August 8, 2007 Electronic mail response from W. Cale Isham indicting he is having
difficulties on obtaining internal case files for repeater station.
August 9, 2007 Electronic mail response from W. Cale lsham and Rick Schell providing
electronic plat of USR-1030
August 9, 2007 Electronic mail from J. Hatch, Weld Planning indicating this document
previously reviewed and provided additional comment and direction on
how to complete plat requirements.
August 21, 2007 Electronic mail from J. Hatch, Weld Planning indicating this plat was a
good beginning. Provided additional direction.
August 21, 2007 Electronic mail response from W. Cale Isham requesting review of plat.
August 21, 2007 Electronic mail from J. Hatch, Weld Planning indicating this plat required
the Development Standards to be placed on the drawing and appropriate
Certificate Blocks
February 29, 2008 Electronic mail from J. Electronic mail response from W. Cale (sham
requesting outstanding issues and what project was the inquiry about
March 6, 2008 Electronic mail from J. Hatch, Weld Planning provided comment that this
was a Special Use Permit for a microwave repeater station approved in
1993 that was not finalized (USR-1030). The property is located in part of
the NE4 of Section 27, Township 1 North, Range 66 West in weld County.
In August 2007 Weld Planning was corresponding with BNSF about
finishing the project.
SERVICF.,TEAMWORK,INTEGRI(Y.QUALITY
March 11, 2008 Electronic mail response from W. Cale Isham requesting list of corrections
for USR-1030 plat
March 13, 2008 Electronic mail from J. Hatch, Weld Planning requesting physical address
to mail materials in review
March 13, 2008 Electronic mail response from W. Cale (sham providing address
March 13, 2008 Electronic mail from J. Hatch, Weld Planning indicating materials would
be sent out on March 14, 2008
January 29, 2009 Electronic mail from J. Hatch, Weld Planning requesting status update on
Special Use Permit for a microwave repeater station approved in 1993
that was not finalized (USR-1030). The property is located in part of the
NE4 of Section 27, Township 1 North, Range 66 West in weld County. A
new Building Permit remains outstanding and will be released with receipt
of acceptable USR-1030 plat for recording
May 7, 2009 Electronic mail from J. Hatch, Weld Planning requesting status update on
Special Use Permit for a microwave repeater station approved in 1993
that was not finalized (USR-1030). The property is located in part of the
NE4 of Section 27, Township 1 North, Range 66 West in weld County. A
new Building Permit remains outstanding and will be released with receipt
of acceptable USR-1030 plat for recording
May 8, 2009 Electronic mail response from W. Cale (sham providing copy of Building
permit No. 42137.
May 12, 2009 Electronic mail from J. Hatch, Weld Planning requesting meeting with
BNSF representatives; field visit of May 11, 2009 by Weld Planning
indicates tower is erected and operational without obtaining the required
permits.
May 18, 2009 Electronic mail response from W. Cale (sham indicating that Mike Reed
would be contacting staff on concerning this site.
August 24, 2010 Letter from Kim Ogle, Weld Planning to W. Cale (sham, BNSF requesting
update on USR-1030.
July 28, 2011 First Letter sent to Burlington Northern Santa Fe Railway
August 10, 2011 Telephone call received from Dalen Wintermute, BNSF indicting he would
be coordinating the effort from Fort Worth with assistance from Mark
Wentland, Manager.
August 11, 2011 Electronic mail from K. Ogle, Weld Planning to D. Wintermute, BNSF
addressing outstanding land use conditions
September 22, 2011 Electronic mail from D. Wintermute, BNSF providing update on progress
SERVICE,TEAMWORK,INTEGRITY,QUALITY
September 27, 2011 Second Letter sent to Dalen Wintermute, Burlington Northern Santa Fe
Railway
November 21, 2011 Third Letter sent to Dalen Wintermute, Burlington Northern Santa Fe
Railway
November 28, 2011 Electronic mail from Kris Krengel, Brighton Fire indicating all issues
previously communicated by this office have been resolved.
November 28, 2011 Electronic mail from K. Ogle, Weld Planning to D. Wintermute, BNSF
seeking a timeline for submittal of paper plats associated with USR-1030.
November 28, 2011 Electronic mail from D. Wintermute, BNSF indicating that the palt
information was forwarded to Rebecca Ortiz in the Real Estate
Department. Ms. Ortiz will contact K. Ogle shortly
December 1, 2011 Electronic mail and voice mail from Marco Vargas of HDR Engineering,
Inc in Fort Worth indicating the Conditions of Approval no. 4.a, 4.b, and
4.d had been addressed and HDR would be submitting paper plats
December 2, 2011 Electronic mail from K. Ogle, Weld Planning to M. Vargas, HDR
Engineering requesting evidence of and agreement to mineral interests,
and also provided plat requirements and examples of similar USR plats
December 2, 2011 Electronic mail from M. Vargas of HDR Engineering, Inc., providing
Mineral Deed and indicating the paper plats would be completed in 30
days.
December 22, 2011 Electronic mail from Scott Rustand, HDR Engineering, Inc. acknowledged
receipt of electronic mail to M. Vargas outlining requirements. Further
stated Matthew Barr from CVL Consultants in Englewood is preparing
USR-1030 plats.
January 9, 2012 Telephone call to Matthew Barr from CVL Consultants in Englewood
requesting status of plat. Meeting scheduled for Thursday 10AM for plat
review.
SERVICE,TEAMWORK,INTEGRI IY,QUALITY
Kim Ogle
From: Rustand, Scott [Scott.Rustand@hdrinc.com]
Sent: Thursday, December 22, 2011 1:10 PM
To: Kim Ogle
Cc: Ortiz, Rebeca; Vargas Jr., Marco; Mathew Barr
Subject: Status Fort Lupton CO- BNSF USR-1030 Plat
In follow up to my voice mail, BNSF received a certified letter from you regarding the Fort Lupton CO- USR 1030 Plat.
Since you last heard from Marco Vargas on 12/2/11, a surveyor has been contacted and hired by BNSF to complete the
requested revisions to the plat. The surveyor's contact information is:
Mathew!. Barr CVL
CVL Consultants
7901 E. Belleview Ave., Suite 150
Englewood, CO 80111
Phone: (720) 249-3542
Mbarr@cvldenver.com
CVL will be in contact with you to make sure all your concerns are understood and addressed. Please give me (or Marco)
a call if you have any questions. Thanks.
SCOTT RUSTAND Vice President-Real Estate Services
817.390.9805 I scott.rustandfandrinc.com
HDR Engineering 1600 W.6th Street I Fort Worth,TX
hdrinc.com
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1
I86I - 2011
DEPARTMENT OF PLANNING SERVICES
1555 N 17'"Avenue
Greeley, CO 80631
W E L DEC O U N T Y kogle@co.weld.co.us
I ' PHONE: (970) 353-6100, Ext. 3549
II-�1 FAX: (9(970)) 304-6498
December 15, 2011
Dalen Wintermute
Burlington Northern Sante Fe Railway
2650 Lou Menk Drive
Fort Worth, TX 76131-2830
Certified Mail: 7008 0500 0000 5617 1927
Subject: 3rd Letter - Outstanding Conditions of Approval and Items to be Completed Prior to Recording the Plat for Use
by Special Review, USR-1657.
Dear Mr. Wintermute:
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 July and September concerning the same topic.
On October 6, 1993 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 fifteen
(15) 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 January 9, 2012 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 January 11, 2012. 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-1030 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: Kim Ogle, 1555 N 17th Avenue, Greeley, CO 80631. If you have further questions,
please contact me at the above address or call (970) 353-6100 x 3549.
Sincerely,
Kim le
Planner Ill
U.S. Postal Service rr,
CERTIFIED MAIL.,., RECEIPT
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December 15, 2011 ra •
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Sent To
RE: Use by Special Review Application (USR-1030) o gi-f9F
Street,Apt.No.;
M1 or PO Box No.
City,State,ZIP+4
PS Form 3800,August 2006 See Reverse for Instructions
Dear Mr. Ogle,
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•: CaMYETE THIS SECTI aN C.h4PtErE THIS SEcn.N .N OEuvERY
• Complete Items 1,2,and 3.Also complete A. Signature-BNSF RWY CO
Signature-
item 4 If Restricted Delivery is desired.
°Agent
• Print your name and address on the reverse X _ O Addressee
so that we can return the card to you. B. Recei qy(Hinted ?P': . �= e of Delivery
• Attach this card to the back of the mailpiece, r I. WORTH, toA`—\\
or on the front if space permits.
D. Is delivery address diffma_it from Item 17 O Yes
1. Article Addressed to: yytt liv _ s below: O No
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4. Restricted Delivery?(Extra Fee) O Yes
2. Article Number 7008 0500 0000 5617 1927
(Transfer from 88fmPoe bbe9
PS Form 3811,February 2004 Domestic Return Receipt 102595-02.-1$40
Kim Ogle
From: Vargas Jr., Marco [Marco.Vargas@hdrinc.com]
Sent: Friday, December 02, 2011 2:44 PM
To: Kim Ogle
Cc: Rustand, Scott
Subject: RE: Fort Lupton CO- BNSF USR-1030 Plat
Attachments: Mineral Deed 2366808.pdf
Hello Mr. Ogle,
Thank you for informative response, I am in the process of obtaining a Plat Survey that fits the requirements stated on
your previous email. I anticipate having that completed and over to you within the next 30 days. In the meantime here
is a copy of the Mineral Deed that should satisfy item 4.c.
We will be in touch soon.
Regards.
MARCO VARGAS HDR Engineering,Inc
Real Estate Services
i 600 West Sixth StreetISuite 1001 Fort Worth,TX 76101-3684
817.333.2800 1 c:817.682.4477
Marco.Vargas@hdrin.com I hdrinc.com
Follow Us—Architizer I Facebook I Twitter I YouTube I Flickr
From: Kim Ogle [mailto:koglef@co.weld.co.us]
Sent: Friday, December 02, 2011 6:14 AM
To: Vargas Jr., Marco
Cc: Kim Ogle
Subject: RE: Fort Lupton CO- BNSF USR-1030 Plat
Good morning Marco
I am attaching the Board of County Commissioners Resolution as reference. Item 4.c speaks of an agreement
for mineral interests. This document is requested to be provided to this office for inclusion in our files. Also,
the USR-1030 Plat is a bit more than a survey of record. I have attached a similar document for a radio tower
as reference. Also, the plat has several components, including a Vicinity map, Certificate Blocks, Legal
Description, and the list of agreed to in a public forum the Development Standards.
The Example Plat does not include an elevation view. This is requested The elevation view should include
the tower height, the location of the relay's. antennae's, dish's et cetera Also include the surface
encumbrances. Tower base. support structures for MCC and the like.
Please review the documents provided and should you have any questions, contact this office..
Thank you and thanks for your efforts in bringing this case to a conclusion.
Kind regards,
1
Kim Ogle
Planner III
Department of Planning
1555 North 17th Avenue
Greeley, Colorado 80631
Direct: 970.353.6100 x 3549
Office: 970.353.6100 x 3540
Facsimile:970.304.6498
I
W ftt)...Ci?dam ' '
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 anly action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Vargas Jr., Marco f mailto:Marco.VargasCa7hdrinc.comj
Sent: Thursday, December 01, 2011 3:22 PM
To: Kim Ogle
Cc: Vargas Jr., Marco; Rustand, Scott
Subject: Fort Lupton CO- BNSF USR-1030 Plat
Hello Mr. Ogle.,
I left you a voicemail, earlier today and this email serves as a follow-up.
I am consultant with HDR Engineering,working on behalf of BNSF Rail Road. I am contacting you regarding closing the
loop on the Fort Lupton CO- USR 1030 Plat. In reviewing the previous email trails it seems that all conditions 4a, 4b, 4c,
4d have been met, and you are waiting on a survey plat prior to submitting the Mylar for recording. I have a survey plat
in my possession and will try to get it scanned and over to you in the next couple of days. Please advise if you need
anything else.
Regards,
HDR Engineering, Inc
Real I.Stifc tier\ices
MARCO VARGAS 600 West Si.\th Street'Suite 100; fort Worth. I\ 7610I-3b84
817.333.2800•c: 817.682.4477
Marco.Vargas ii;hdrin.com I hdrinc.com
I ollo�� I.•s Aichiti/er I acebook I I Witter i You rube; I lickr
2
Kim Ogle
From: Wintermute, Dalen [Dalen.Wintermute@BNSF.com]
Sent: Monday, November 28, 2011 2:13 PM
To: Kim Ogle; Johnson, Gregory L
Cc: Ortiz, Rebeca
Subject: RE: Fort Lupton, CO - BNSF USR-1030 Plat
Kim, I have sent the plat and other info I have over to Rebeca Ortiz in our Real Estate Department as they have
the expertise in reviewing and recording plats. She will be in touch with you shortly.
Dalen
From: Kim Ogle [mailto:kogle@co.weld.co.usj
Sent: Monday, November 28, 2011 11:50 AM
To: Johnson, Gregory L
Cc: Wintermute, Dalen
Subject: BNSF USR-1030 Plat
Good morning,
Thank you for your response and follow-up with Chief Krengel.
Will your office be providing a plat for review prior to submitting the mylar for recording?
Please advise on the status of this item
Thank you.
Kim
Kim Ogle
Planner III
Department of Planning
1555 North 17th Avenue
Greeley, Colorado 80631
Direct: 970.353.6100 x 3549
Office: 970.353.6100 x 3540
Facsimile: 970.304.6498
irk
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: Johnson, Gregory L [mailto:Gregory.Johnson(cP,,BNSF.com]
Sent: Monday, November 28, 2011 10:45 AM
To: 'kkrengel@brightonfire.org; Kim Ogle
Subject: Re:
Thanks for your attention to this.
From: Krengel, Kris [mailto:kkrengel(ahrightontire.org]
Sent: Monday, November 28, 2011 11 :44 AM
To: Johnson, Gregory L; kogle(u)co.weld.co.us <kogle(ci;co.weld.co.us>
Subject: RE:
Dear Kim and Gregory,
Pursuant to my site visit on November 8, 2001 at the subject property, all issues/concerns previously
communicated by this office have been resolved.
Should there be any questions regarding this or any other matter, please do not hesitate to contact this office.
Respectfully,
Kris Krengel
Division Chief/Fire Marshal
Brighton Fire Rescue District
500 S. 4th Ave, 3rd Floor
Brighton, CO 80601
(303) 659-4101
From: Johnson, Gregory L [mailto:Gregory.Johnson@BNSF.com]
Sent: Wednesday, November 23, 2011 12:46 PM
To: Krengel, Kris
Cc: Wintermute, Dalen; Wentland, Mark M
Subject: RE:
Hello Kris! IIappy Holiday wishes to you and your family!
Say, I never really got back to you about what specifically I needed to do out there concerning my tower
location. I would ask that you contact Weld County to advise them that the following consideration has been
reviewed by you. This is an excerpt from that email.
Good morning.
Within the previously attached, and attached herein for reference, Board of County
Commissioner Resolution approved on October 6, 1993 are four conditions that require
action by the applicant prior to recording the plat. Please reference page 2 and 3 of the
Resolution document.
On page 2, Item 4.a states "The electrical and transmission equipment fire hazard
potential shall be analyzed and approved by the [Greater] Brighton Fire Protection
District personnel."
2
I have attached a USR plat for your reference and use in the preparation of the USR-
1030 plat by BNSF. Staff will require written evidence of compliance with the four (4)
Conditions of Approval —Prior to Recording the Plat, as provided here and referenced in
the Resolution.
If this office may be of any assistance, please do not hesitate to call or e-mail.
I look forward to working with you to bring this case to closure.
Best regards,
Kim
I have no idea who Kim is at Weld county, but I suspect you may be able to determine that.
I am copying our property guy from the BNSF and my Project Manager so that they may see your reply.
Oh, and on a final note. We do have hot standby! Basically when the system detects low AGC readings on the
path, it will switch radios. Does that bring back any memories?
Gregory L. Johnson
Telecom Maintenance Manager II
Colorado Division
303 480 6404 office
303 249 3893 cell
303 480 6274
3
1861 - 2011
•
DEPARTMENT OF PLANNING SERVICES
��— 1555 N 17th Avenue
Greeley, CO 80631
O U N T Y kogle@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3549
FAX: (970) 304-6498
September 27, 2011
Dalen Wintermute
Burlington Northern Sante Fe Railway
2650 Lou Menk Drive
Fort Worth, TX 76131-2830
Certified Mail: 7008 0500 0000 5617 1798
Subject: 2nd Letter - Outstanding Conditions of Approval and Items to be Completed Prior to Recording
the Plat for Use by Special Review, USR-1030.
Dear Mr. Wintermute:
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 July concerning the same topic.
On October 6, 1993 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 fifteen (15) 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 January 9, 2012 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 January 11, 2012. 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-1030 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: Kim Ogle, 1555 N 17th Avenue, Greeley, CO 80631.
If you have further questions, please contact me at the above address or call (970) 353-6100 x 3549.
incerely,
im le
Plan III
U.S. Postal Service TM
CERTIFIED MAIL.., RECEIPT
m (Domestic Mail Only;No Insurance Coverage Provided)
September 27, 2011 F•r•elivery inf•rmatl•n visit • r we•site at www.us•s.c•ms
r-
ma
Department of Planning Services -° Postage $
Attn: Kim Ogle Certified Fee
1555 N. 171" Avenue Postmark
Return Receipt Fee Here
Greeley, CO 80631 O (Endorsement Required)
Restricted Delivery Fee
CI (Endorsement Required)
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to Total Postage 8 Fees $
O
RE: Use by Special Review Application (USR-1030) m Sent To 6NS�
O
I= Street.Apt.Na.;
N orpOBox No.
City,State.ZIPt4
Dear Mr. Ogle, PS Form 3800,August 2006 See Reverse for Instructions
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 COMRLEiL 1'HIS SECTION ON DELIVERY
■ Complete Items 1,2,and 3.Also complete A. SlgnattNSF RWY CO
Item 4 If Restricted Delivery Is desired. ❑Agent
• Print your name and address on the reverse X AOB/GL MAILROOMo Addressee
so that we can return the card to you. B. Recall:VT of livery
• Attach this card to the back of the mailpiece, (WORM 1 r'Ir TXcyD�i�or on the front If space permits.
1. Article Addressed to: ow 1? O Yes
WIT .Q ow: ❑ No
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4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number 7008 0500 0000 5617 1798
(Transfer from service label)
PS Form 3811,February 2004 Domestic Return Receipt _ _ _ toyca5my1rsn0
Kim Ogle
From: Wintermute, Dalen [Dalen.Wintermute@BNSF.com]
Sent: Thursday, September 22, 2011 7:52 AM
To: Kim Ogle
Subject: RE: USR-1030 COMMUNICATIONS TOWER
Kim, I apologize for not giving you an update earlier. My local Telecom Project Manager was going to go out to the site
to confirm the "junkyard" was removed and contact the Brighton Fire District to arrange an inspection of the site to
confirm that (1) the electrical and transmission equipment fire hazard potential is analyzed and approved by the Fire
Protection District and (2) that the existing fire detection equipment meets their requirements.
I just traced him for a status update and will let you know when I hear from him.
Dalen
From: Kim Ogle [mailto:kogle@co.weld.co.us]
Sent:Thursday, September 22, 2011 8:19 AM
To: Wintermute, Dalen
Cc: Kim Ogle
Subject: USR-1030 COMMUNICATIONS TOWER
Good morning Dalen,
This email is a follow-up to our conversations in early August 2011 specific to the outstanding issues surrounding the
Weld County Land Use case, USR-1030. Documents were provided to your attention delineating the Board of County
Commissioner's approval by Resolution. This action occurred in September 2003. In the next few days your office will
receive a second letter notifying you of a hearing in early January 2012. At this hearing the Board of County
Commissioners has the authority to rescind approval of Use by Special Review USR-1030 and deny the application.
Please contact this office with an update on the progress that has been established to date and what the future
intentions are of BNSF in regards to this land use violation.
Thank you for your reply.
Kind regards,
Kim
Kim Ogle
Planner III
Department of Planning
1555 North 17th Avenue
Greeley, Colorado 80631
Direct: 970.353.6100 x 3549
Office: 970.353.6100 x 3540
Facsimile:970.304.6498
1
J
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.
2
Kim Ogle
From: Kim Ogle
Sent: Thursday, August 11, 2011 7:11 AM
To: 'Wintermute, Dalen'
Cc: Kim Ogle
Subject: RE: Microwave Tower-Weld County Land Use Permit No. USR-1030
Attachments: EXAMPLE OF TOWER USR PLAT FOR USR-1030.pdf; 00931017.001.tif
Good morning.
Within the previously attached, and attached herein for reference, Board of County Commissioner Resolution
approved on October 6, 1993 are four conditions that require action by the applicant prior to recording the plat.
Please reference page 2 and 3 of the Resolution document.
On page 2, Item 4.a states "The electrical and transmission equipment fire hazard potential shall be analyzed
and approved by the [Greater] Brighton Fire Protection District personnel."
On page 3, Item 4.b states "The non-commercial junkyard consisting of second-hand building materials shall
be removed."
Item 4.c states "A reasonable agreement shall be obtained between the applicant and Union
Pacific Resources Company and Union Pacific Land Resources Corporation concerning the possible
future development of the mineral estate."
Item 4.d states "The applicant shall satisfy the requirements of the [Greater] Brighton Fire
Protection District regarding fire detection equipment."
On page 4 and 5 are the fifteen (15) Development Standards, agreed to by representatives for BNSF in a
public hearing. These will be placed on the plat.
I have attached a USR plat for your reference and use in the preparation of the USR-1030 plat by BNSF. Staff
will require written evidence of compliance with the four (4) Conditions of Approval — Prior to Recording the
Plat, as provided here and referenced in the Resolution.
If this office may be of any assistance, please do not hesitate to call or e-mail.
I look forward to working with you to bring this case to closure.
Best regards,
Kim
Kim Ogle
Planner III
Department of Planning
1555 North 17th Avenue
Greeley, Colorado 80631
Direct: 970.353.6100 x 3549
Office: 970.353.6100 x 3540
Facsimile:970.304.6498
1
ha F] i !
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: Wintermute, Dalen [mailto:Dalen.Wintermute@BNSF.com]
Sent: Wednesday, August 10, 2011 1:34 PM
To: Kim Ogle
Subject: RE: Microwave Tower - Weld County Land Use Permit No. USR-1030
Kim, thanks for the information. Could you please elaborate on what specific items involving the plat and conditions of
approval need to be addressed and resolved, so I can route to the appropriate parties within BNSF? Thanks.
Dalen E. Wintermute
BNSF Railway Company
2400 Western Center Blvd.
Ft. Worth, TX 76131
Phone: (817) 352-0206
Fax: (817) 352-6704
CONFIDENTIALITY NOTICE-
This message is Intended only for the use of the individual or entity to which it is addressed aria may contain information
that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the
intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are
hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have
received this message in error, please delete this message from all computers and notify me immediately by return e-mail
and/or phone (817)352-0206. Thank you.
From: Kim Ogle [mailto:kogle@co.weld.co.us]
Sent: Wednesday,August 10, 2011 1:31 PM
To: Wintermute, Dalen; Wintermute, Dalen
Cc: Kim Ogle
Subject: Microwave Tower- Weld County Land Use Permit No. USR-1030
Good afternoon Dalen
Please find attached case file information for this approved land use permit.
The plat and conditions of approval require addressing and resolution
Please call or email this office if we may be of further assistance.
Thank you.
Kind regards,
Kim
Kim Ogle
2
Kim Ogle
From: Kim Ogle
Sent: Wednesday, August 10, 2011 12:31 PM
To: 'dalen.wintermute@bnsf.com'; 'DALEN.WINTERMUTE@BNSF.COM'
Cc: Kim Ogle
Subject: Microwave Tower-Weld County Land Use Permit No. USR-1030
Attachments: 00931017.001.tif
Good afternoon Dalen
Please find attached case file information for this approved land use permit.
The plat and conditions of approval require addressing and resolution
Please call or email this office if we may be of further assistance.
Thank you.
Kind regards,
Kim
Kim Ogle
Planner III
Department of Planning
1555 North 17th Avenue
Greeley, Colorado 80631
Direct: 970.353.6100 x 3549
Office: 970.353.6100 x 3540
Facsimile:970.304.64 98
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.
1
1861 - 2011
DEPARTMENT OF PLANNING SERVICES
1555 N 17th Ave
•1 Greeley, CO 80631
W E L D._,C O U N T Y kogle@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3540
FAX: (970) 304-6498
July 28, 2011
Burlington Northern Sante Fe Railway
2650 Lou Menk Drive
Fort Worth, TX 76131-2830
Certified Mail No.: 7010 1870 0000 4773 6706
Subject: Conditions of Approval -- Use by Special Review USR-1030
Dear Burlington Northern Sante Fe Railway:
On October 6, 1993 your application for an Use by Special Review was approved by the Weld County
Board of County Commissioners with specific Conditions of Approval.
One of the required Conditions of Approval in the resolution grants the applicants fifteen (15) 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: Kim Ogle, 1555 North 17th Avenue, Greeley, CO 80631.
If you have further questions, please contact me at the above address or call (970) 353-6100 x 3540.
Sincerely,
Ki gle
Planner III
pc: case file
U.S. Postal Service,
CERTIFIED MAIL, RECEIPT
Burlington Northern Sante Fe Railway o (Domestic Mail Only;No Insurance Coverage Provided)
2650 Lou Menk Drive N F.r•elivery inf.anal.n visit our we.siteat wvnvus.s.c.m,
Fort Worth, TX 76131-2830 m r M i
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1555 North 17th Avenue C Sent To
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Subject: Use by Special Review USR-1030 H- syb X •76131
r.
Dear Kim Ogle:
I (We) wish to withdraw our Use by Special Review No. USR-1030, 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. x BNSF RNIY CO 0"�"`
• Print your name and address on the reverse AO n�� Addressee
so that we can return the card to you. B. Rece jPfirt9B'NAe1e� 0�O t- e D ivory
• Attach this card to the back of the mailpiece, WORTH.
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D. Is delivery address different from ttem 17 es
1. Article Addressed to: I ter delivery address below: 0 No
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4. Restricted Delivery?(Extra Fee) 0 Yes
2. Article Number 7010 1870 0000 4773 6706
(Transfer from service label)
PS Form 3811,February 2004 Domestic Retum Receipt 1o25es-02-M-1540
Le :*** :
rip DEPARTMENT OF PLANNING SERVICES
Greeley Planning Office
I 1555 North 17tn Avenue
D Greeley, Colorado 80631
WEBSITE: www.co.weld.co.us
Ce
E-MAIL: kogle@co.weld.co.us
PHONE (970) 353-6100, EXT. 3549
FAX (970) 304-6498
COLORADO
August 24, 2010
W. Cale Isham
BNSF —TOB
2500 Lou Menk Drive
Fort Worth, TX 76131
Subject: Use by Special Review# 1030
Dear Mr. Isham:
Jacqueline Hatch with the Department of Planning Services has previously corresponded with
you concerning a permitted repeater tower erected in part of the NE4 Section 27, Ti N, R66W of
the 6th P.M., Weld County, Colorado. The purpose of her correspondence concerns the
conditional approval of a Special Use Permit, USR-1030, that was approved on October 6, 1993.
The previous contact for this application was Erik Pedersen of your office. The Department of
Planning Services is contacting you regarding the conditional approval of Use by Special Review
# 1030.
Review of the case file finds limited activity after the October 1993 public hearing. The recent
activity in 2008 was at the request of staff, and this office had had no additional contact from
representatives of BNSF. It is important to state that Section 23-2-200.E provides timelines for
completing the requirements associated with this case. For reference, the citation is as follows:
"If the Use by Special Review has not commenced within three (3) years from the date of
approval or is discontinued for a period of three (3) consecutive years, it shall be
presumed inactive. The COUNTY shall initiate an administrative hearing to consider
whether to grant an extension of time to commence the use or revoke the Use by Special
Review. If the Use by Special Review is revoked, it shall be necessary to follow the
procedures and requirements of this Section in order to reestablish any Use by Special
Review."
At the Commissioners hearing, by agreement to the Conditions of Approval, you stated
that 60 days to record the Use by Special Review# 1030 plat was acceptable. The date
for providing the required documents and submitting the Improvement Agreement,
Collateral and recording the plat has passed.
The Department of Planning Services is aware of the difficulty and associated delays in meeting
the Conditions of Approval normally associated with land use cases; and this office is willing to
work with you. At this juncture, this office is requesting a letter from you indicating that the
project has not been abandoned and that it is the intention of you as applicant, to complete this
project, addressing and meeting all of the conditions of approval in a timely manner. Should a
written response on letterhead not be received by September 10, 2010, this office will take the
appropriate action.
Should you have additional questions or require clarification on any of the points presented,
please contact this office. Thank you.
Sin ly,
Ki le
Planning Services
pc: S.Arries,Attorney's Office
Planning Correspondence
File: Use by Special Review#1030
Page I of 2
Jacqueline Hatch
From: Isham, W Cale [Weldon.lsham@BNSF.com]
Sent: Monday, May 18, 2009 8:35 AM
To: Jacqueline Hatch
Subject: RE: Burlington Northern Railroad Microwave Repeater Station
Jacqueline,
Mike Reed is going to call you about this. He is more knowledgeable about this site and permitting in general
than am I.
Thanks,
Cale
From: Jacqueline Hatch [mailto:jhatch@co.weld.co.us]
Sent: Tuesday, May 12, 2009 9:35 AM
To: Isham, W Cale
Cc: Wentland, Mark M; Reed, Michael D; Peggy Gregory
Subject: RE: Burlington Northern Railroad Microwave Repeater Station
Cale
Thanks for the email
I went out to the site yesterday (see attached photos). It appears that the site is up and operating without
the required permits. The required permits include a finalized building permit which you can speak to
Peggy Gregory in our office about and the finalization of the Use by Special Review permit USR-1030.
USR-1030 was approved but never completed. At this time I would recommend that we set up a meeting
time to go over the remaining items. Peggy and I have time anytime on Monday the 18th or the afternoon
on Wednesday the 20th. The meeting place would be at our Greeley office(918 10th Street Greeley CO) or
we can do it by phone if that works better for you.
Thanks
Jacqueline
From: Isham, W Cale [mailto:Weldon.Isham@BNSF.com]
Sent: Friday, May 08, 2009 9:00 AM
To: Jacqueline Hatch
Cc: Wentland, Mark M; Reed, Michael D
Subject: RE: Burlington Northern Railroad Microwave Repeater Station
Jacqueline,
I checked with some of the staff and found out that this site was relocated. Our old site was located on
land that is now part of the Denver International Airport. Mark Wentland in Denver dug up the building
permit. It is Permit Number 42137 and Receipt Number 36636, issued 10-22-93. It shows check-offs and
inspector initials dated 10-28-93. I cannot read the initials. There are a bunch of checks not initialed but
they are not applicable to a prefabricated shelter.
5/18/2009
Page 2 of 2
Hope this helps. Let me know if you need a copy of the permit.
Thanks,
Cale
From: Jacqueline Hatch [mailto:jhatch@co.weld.co.us]
Sent: Thursday, May 07, 2009 4:36 PM
To: Isham, W Cale
Subject: Burlington Northern Railroad Microwave Repeater Station
Cale,
I'm checking on the status of the completion of the Use by Special Review permit(USR-1030)that
was applied for in 1993. The property is located in part of the NE4 of Section 27, Township 1 North,
and Range 66 West in Weld County Colorado. This application needs to be completed. The site is
currently in violation. Please keep in mind that a new building permit will need to be applied for
since the old one has expired. The new building permit can not be released until USR-1030 is
completed. Please notify me in writing within 10 workings days of your status of the Use by Special
Review permit(USR-1030).
Thank you and let me know if you have any questions
Jacqueline
5/18/2009
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Page 1 of 1
Jacqueline Hatch
From: Jacqueline Hatch
Sent: Thursday, January 29, 2009 9:51 AM
To: 'Weldon.lsham@BNSF.com'
Cc: Peggy Gregory
Subject: Burlington Northern Railroad Microwave Repeater Station
Cale,
Good Morning
I'm checking in on the status of the completion of the Use by Special Review permit (USR-1030)that was applied
for in 1993. The property is located in Part of the NE4 of Section 27, Township 1 North, and Range 66 West in
Weld County Colorado. Please keep in mind that a new building permit will need to be applied for since the old
one has expired. The new permit can not be issued until USR-1030 is completed.
Please notify me, in writing, within 10 working days of your status.
Thanks and let me know if you have any questions.
Jacqueline
Jacqueline Hatch-Drouillard
Weld County Department of Planning Services
4209 CR 24.5
Longmont CO 80504
Phone 720-652-4210 x8730
Fax 720-652-4211
1/29/2009
Page 1 of
Jacqueline Hatch
From: Jacqueline Hatch
Sent: Thursday, March 06, 2008 9:13 AM
To: 'Isham, W Cale'
Subject: RE: Burlington Northern Railroad Microwave Repeater Station
Cale,
Thanks for the prompt response.
This is regarding a Use by Special Review permit that was applied for a microwave repeater station in
1993 and was never finalized (USR-1030). The property is located in pt NE4 of section 27, township 1
north range 66 west in Weld County Colorado. In August on 2007 we were corresponding about finishing
the project.
Thanks,
Jacqueline
From: Isham, W Cale [mailto:Weldon.Isham@BNSF.com]
Sent: Wednesday, March 05, 2008 11:58 AM
To: Jacqueline Hatch
Subject: RE: Burlington Northern Railroad Microwave Repeater Station
Jacqueline,
I'm out of the office until tomorrow. Can you give me some more information on this one? Where is it and what are you needin
from me?
Thanks,
Cale
From: Jacqueline Hatch [mailto:jhatch@co.weld.co.us]
Sent: Friday, February 29, 2008 3:40 PM
To: Isham, W Cale
Subject: Burlington Northern Railroad Microwave Repeater Station
Cale,
I'm following up on the status of the plat for USR-1030.
Let me know if you have any questions
Thanks,
Jacqueline
03/06/2008
Brighton M/W Does Page 1 of
Jacqueline Hatch
From: Jacqueline Hatch
Sent: Thursday, March 13, 2008 8:18 AM
To: 'Isham, W Cale'
Subject: RE: Brighton M/W Docs
Thanks Cale
I will get the information in the mail to you today
From: Isham, W Cale [mailto:Weldon.Isham@BNSF.com]
Sent: Thursday, March 13, 2008 7:49 AM
To: Jacqueline Hatch
Cc: Prax, Eldon
Subject: RE: Brighton M/W Docs
Jacqueline,
My mailing address is:
BNSF-TOB
Attn: Cale (sham
2500 Lou Menk Drive
Fort Worth, TX 76131
Thanks,
Cale
From: Jacqueline Hatch [mailto:jhatch@co.weld.co.us]
Sent: Thursday, March 13, 2008 8:35 AM
To: Isham, W Cale
Subject: RE: Brighton M/W Docs
Cale,
Weird. Please provide me with your mailing address and I will send the packet out.
Thanks,
Jacqueline
From: Isham, W Cale [mailto:Weldon.Isham@BNSF.com]
Sent: Tuesday, March 11, 2008 1:22 PM
To: Jacqueline Hatch
Cc: Prax, Eldon
Subject: RE: Brighton M/W Docs
Jacqueline,
Below is the last email on Weld County that I have from last year. I never received the copy back with corrections on it
from you.
nvizvmn9
Brighton M/W Docs Page 2 of
In response to your email last week about completing this project, please advise what you need from our end to complete
it.
Thanks,
Cale
From: Jacqueline Hatch [mailto:jhatch@co.weld.co.us]
Sent: Tuesday, August 21, 2007 9:39 AM
To: Isham, W Cale
Subject: RE: Brighton M/W Docs
Cale,
What we typically see is all the information on one map including the Board of County
Commissioners resolution conditions and the Development Standards.
If you like you can mail me two copies of the 24x36 map and I will review it and send it back
with corrections.
Thanks,
Jacqueline
Department of Planning Services
4209 CR 24.5
Longmont CO 80504
From: Isham, W Cale [mailto:Weldon.Isham@BNSF.com]
Sent: Tuesday, August 21, 2007 8:34 AM
To: Jacqueline Hatch
Cc: Prax, Eldon
Subject: RE: Brighton M/W Docs
Jacqueline,
The map is on a 24 X 36 sheet here. I had it scanned so I could get you a digital copy quickly. I'm sure I can get
you a hard copy in those dimensions if that is what you require.
I have a copy of Weld County Code that you had sent to Greg Britz. Maybe I'm missing something here, but the
documents I've sent you appear to me, to meet that code. I've gone through the list, and the things that are not c
the maps, don't appear to be in the vicinity, i.e. drainage ditches, ponds, etc. Can you tell me exactly what items
are missing on the documents that I've already sent to you?
Thanks,
Cale
(11/11/2111152
Brighton M/W Docs Page 3 of
From: Jacqueline Hatch [mailto:jhatch@co.weld.co.us]
Sent: Tuesday, August 21, 2007 9:06 AM
To: Isham, W Cale
Cc: Prax, Eldon
Subject: RE: Brighton M/W Docs
Cale,
Those look like they are a great start. Typically the information is on one sheet but some
sites do require additional pages. The map needs to be on a 24x36 and meet all the
criteria outlined in Section 23-2-260.D of the Weld County Code. You can view the code
on our County webpage at www.co.weld,co.us in the left column click on the planning
department and in the left column again click on land use code. From there you will go t<
chapter 23 and scroll till you find 23-2-260.D. Also keep in mind that there are conditions
included in the Board of County Commissioners resolution that need to be incorporated
into the map. Please let me know if you have any questions.
Thanks,
Jacqueline
From: Isham, W Cale [mailto:Weldon.Isham@BNSF.com]
Sent: Tuesday, August 21, 2007 7:44 AM
To: Jacqueline Hatch
Cc: Prax, Eldon
Subject: Brighton M/W Docs
Jacqueline,
Please let me know if these documents will fulfill your requirements.
Thanks,
Cale
«Ft Lupton Fencing.pdf>> <<Ft Lupton Land Survey.pdf>> <<Ft Lupton Plot Plan.pdf>>
W. Cale Isham
BN5F Railway
817-352-0641
weldon.isham@bnsf.com
nan 9/7nnR
Message Page 1 of:
Jacqueline Hatch
From: Isham, W Cale [Weldon.lsham@BNSF.com]
Sent: Wednesday, August 08, 2007 9:32 AM
To: Jacqueline Hatch
Subject: RE: Follow up to my voicemail of last week
Jacqueline,
I'm having some trouble getting my hands on the file you need, but I haven't forgot about it. Still working on it.
Thanks,
Cale
Original Message
From: Jacqueline Hatch [mailto:jhatch@co.weld.co.us]
Sent: Thursday, July 26, 2007 12:33 PM
To: Isham, W Cale
Subject: RE: Follow up to my voicemail of last week
Cale,
Thanks for following up on this. I look forward to reviewing the maps.
Jacqueline
From: Isham, W Cale [mailto:Weldon.Isham@BNSF.com]
Sent: Thursday, July 26, 2007 10:53 AM
To: Jacqueline Hatch
Subject: FW: Follow up to my voicemail of last week
Mrs.. Hatch,
I just wanted to introduce myself and make sure that you are aware that I will be handling the issue on the BNSF
microwave tower south of county road 6 in Weld County just north of Brighton.
As I began digging into this today, it seems like you've been in contact with several different people on this issue, and
apparently still haven't received what you need from us. Eldon Prax explained to me what it is that you are looking for,
and if I understood correctly, we already have the maps you need. Our Telecomm Maintenance Manager for that divisior
has them, and I spoke with him this morning. I should have a copy in your hands within the next two weeks.
If you need to contact me for any reason, feel free to email me, or call me at the office.
Thanks,
Cale
817-352-0641 office
Original Message
From: Prax, Eldon
Sent: Thursday, July 26, 2007 10:03 AM
To: Isham, W Cale
Subject: FW: Follow up to my voicemail of last week
08/08/2007
FW: Brighton/AKA Ft Lupton Plat Plans Page 1 of
Jacqueline Hatch
From: Jacqueline Hatch
Sent: Thursday, August 09, 2007 11:26 AM
To: 'Isham, W Cale'
Subject: RE: Brighton /AKA Ft Lupton Plat Plans
Cale,
I've seen the drawing and unfortunately it doesn't meet the conditions of approval and the development
standards as outlined in the resolution. I sent a packet with examples of what it should look like to Greg
Britz.
The mapping requirements are outlined in Section 23-2-260.D of the Weld County Code. You can view
that section of the code on our webpage at www.co.weld.co.us in the left column click on the planning
department and again in the left column click on land use code. There you can go to section 23-3-260.D.
There are also items to be added to the map that are outlined in the resolution. If you need me to send
them again just let me know.
Also please let me know if you have any questions.
Thanks,
Jacqueline
From: Isham, W Cale [mailto:Weldon.Isham@BNSF.com]
Sent: Thursday, August 09, 2007 8:51 AM
To: Jacqueline Hatch
Cc: Prax, Eldon
Subject: FW: Brighton / AKA Ft Lupton Plat Plans
Jacqueline,
Is this what you need?
Please let me know if you need anything else.
Thanks,
Cale
From: Schnell,Rick W
Sent: Thursday,August 09,2007 9:34 AM
To: Isham,W Cale
Cc: Schnell,Rick W
Subject: Brighton/AKA Ft Lupton Plat Plans
Cale attached is Plat for Brighton /AKA Ft Lupton CO
Rick
«Ft Lupton Site .pdf>>
08/09/2007
Message Page 2 of
From: Jacqueline Hatch [mailto:jhatch@co.weld.co.us]
Sent: Thursday, May 17, 2007 11:41 AM
To: Prax, Eldon
Subject: RE: Follow up to my voicemail of last week
Eldon
The first step in completing the USR-1030 application is to submit two paper plats to the Department
of Planning Services. I mailed a couple of examples along with the Board of County Commissioners
resolution about a month ago that outline what we are looking for. If you have any questions please
do not hesitate to contact me.
Thank you for your time
Jacqueline
From: Prax, Eldon [mailto:Eldon.Prax@BNSF.com]
Sent: Thursday, May 17, 2007 7:52 AM
To: Jacqueline Hatch
Cc: Britz, Gregory L
Subject: Follow up to my voicemail of last week
Good Morning Jackie,
Please give me a call at your earliest convenience and I will endeavor to address the USR1030 issue as quickly as
possible.
Eldon Prax
Consulting Systems Engineer
Technology Services
Technology Office Building
2400 Western Center Blvd.
Fort Worth, Texas 76131
Eldon.Prax@BNSF.com
817/320-4472 PCS
817/352-0256 Office
08/08/2007
Page 1 of
Jacqueline Hatch
From: Jacqueline Hatch
Sent: Monday, April 30, 2007 2:54 PM
To: 'Britz, Gregory L'
Subject: USR-1030
Greg,
Thank you for mailing me a copy of the land survey but what I need is a map that meets the requirements
outlined in Section 23-2-260.D of the Weld County Code. You can view that section of the code on our
County webpage www.co.weld.co.us in the left column click on the planning department and again in the
left column click on land use code. There you can go to Section 23-3-260.D. I will put a copy of a couple
of examples in the mail to you (they will be reduced to 8.5 x 11 for mailing) and a copy of the Board of
County Commissioners Resolution.
Please let me know if you have any questions for comments.
Thanks,
Jacqueline
Jacqueline Hatch
Weld County Department of Planning Services
4209 County Road 24.5
Longmont CO 80504
Phone: 720-652-4210 ext 8730
Fax: 720-652-4211
04/10/7007
Page 1 of 1
Jacqueline Hatch
From: Jacqueline Hatch
Sent: Monday, April 02, 2007 7:59 AM
To: 'Britz, Gregory L'
Subject: Status of Plat for USR-1030
Gregory,
I am just checking on the status of the two paper plats for USR-1030.
Please let me know as soon as you get a chance
Thanks,
Jacqueline
naimnnm
Page 1 of 2
Jacqueline Hatch
From: Jacqueline Hatch
Sent: Friday, March 09, 2007 3:48 PM
To: 'Britz, Gregory L'
Subject: RE: USR-1030
Greg,
Thanks for the PDF's. I have forwarded them onto Peggy Gregory our Building Compliance
person. I'm sure she will be in touch with you if she has any questions
Thanks again
Jacqueline
From: Britz, Gregory L [mailto:Gregory.Britz@bnsf.com]
Sent: Friday, March 09, 2007 3:32 PM
To: Jacqueline Hatch
Cc: Reed, Michael D; Short, Danny E (TS)
Subject: RE: USR-1030
Jacqueline,
BNSF will provide you the plat per your request.
2 paper copies, one edited copy to be returned to BNSF for Mylar copying and return to Weld County
1 electronic copy of the edited plat will be provided to Weld County by BNSF.
The plat copies should be available next week.
As soon as you send the edited copy back we will begin the Mylar process.
Also attached to this email are copies of the permit application, permit and inspection report from 1993 per your
request for forwarding to the appropriate Weld County group.
Greg Britz
Manager Technology Services-Telecom
BNSF Railway
Technology Office Building
2400 Western Center Blvd.
Fort Worth, Texas 76131
Office: 817-352-4620
From: Jacqueline Hatch [mailto:jhatch@co.weld.co.us]
Sent: Friday, March 09, 2007 4:02 PM
To: Britz, Gregory L
Subject: USR-1030
Gregory,
I received your phone message and I will need to review two sets of paper copies prior to you
submitting the mylar plat for recording. Once the paper plats have been reviewed and are
naimonm
Page 2 of 2
approved (about 5 days) then a mylar will be need to be submitted for recording. We also ask
for a digital version at that time the mylar is submitted —
The Department of Planning Services respectively requests the surveyor provide a digital copy
of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn
(Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo
Export files format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not
acceptable). This digital file may be sent to maps@co.weld_co.us.
Let me know if you have any additional questions.
Thanks,
Jacqueline
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Page 1 of 1
Jacqueline Hatch
From: Wentland, Mark M [Mark.Wentland@bnsf.com]
Sent: Wednesday, February 28, 2007 11:05 AM
To: Jacqueline Hatch
Cc: Wentland, Mark M; Peggy Gregory
Subject: RE: Status of USR-1030 Application
Jacqueline & Peggy,
You got my attention, again...
Way back when I put a call into the surveying company that did the original plat in 1993. I remember getting a call
back, but we never talked. I have a call into them (Merrick) again and will get the ball rolling. I also have
forwarded this message and my file on this subject to our Engineering Dept in Ft. Worth for their assistance.
Mark Wentland
BNSF
303-480-6247
From: Jacqueline Hatch [mailto:jhatch@co.weld.co.us]
Sent: Wednesday, February 28, 2007 10:09 AM
To: Wentland, Mark M; Pedersen, Erik R
Cc: Peggy Gregory
Subject: Status of USR-1030 Application
Mark,
The Weld County Department of Planning Services and Building Department have not
received the required plat for the USR completion and a building permit for the
microwave repeater station as discus on June 1, 2006.
Please contact as soon as possible to review this concern with me. Failure to show
progress will result in a probable cause case being initiated. The purposes of a probable
cause hearing would be to review case number USR-1030 for compliance with the
Development Standards as approved by the Board of County Commissioners on October
6, 1993 to determine if probable cause exists to hold a hearing of revocation of USR-
1030. If you have any questions please do not hesitate to contact me.
Thanks,
Jacqueline
02/28/2007
Page 1 of 1
Jacqueline Hatch
From: Jacqueline Hatch
Sent: Tuesday, October 24, 2006 9:36 AM
To: 'mark.wentland@bnsf.com'; 'Pedersen, Erik R'
Cc: Peggy Gregory
Subject: Status of Application
Mark,
The Weld County Department of Planning Services and Building Department have not
received the required plat for the USR completion and a building permit for the microwave
repeater station as discussed back on June 1 , 2006.
Please contact me within five working days upon receipt of this email to review this
concern with me. Failure to show progress will result in a Probable Cause case being
initiated. The purpose of a "Probable Cause" Hearing would be to review case number
"USR-1030" for compliance with the Development Standards as approved by the Board
of County Commissioners on October 6, 1993 to determine if probable cause exists to
hold a hearing of revocation of USR-1030. 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.
If you have any questions please do not hesitate to contact me.
Thank you,
Jacqueline
i nnannn6
•
Jacqueline Hatch - Re: USR-1030 Page '
From: Jacqueline Hatch
To: "Erik.Pedersen@bnsf.com".GWIA.CENTDOMAIN
Date: 8/12/03 10:29AM
Subject: Re: USR-1030
Mr. Pederson,
Thank you for your response. It seems as though Merrick Architects and Engineers out of Aurora CO
have produced a rough draft of the Mylar. There are some corrections that are needed prior to submitting
the Mylar. The corrections have not been done. A final Mylar with the corrections can be submitted to the
Department of Planning Services with an $11.00 per page recording fee to complete this application. We
do recommend that Merrick Architects submit a paper draft first for staff to review prior to submitting the
Mylar.
Merrick Architects and Engineers
PO Box 22026
Denver, CO 80222
(303) 751-0741
If you have any additional questions please do not hesitate to contact me.
Thank you,
Jacqueline
>>> "Pedersen, Erik R" <Erik.Pedersen@bnsf.com> 08/08/03 09:59AM >>>
Ms. Hatch,
Your letter of July 21, 2003 regarding our microwave repeater station in the
NE1/4 of Section 27, Township 1 North, Range 66 West of the 6th PM, Weld
County CO, made its way around our company to my desk. I write to you mainly
acknowledging receipt, however I don't think I'm the person to address the
issue. I will try to find the appropriate person and forward your letter to
them.
Feel free to use me as a contact in the Telecommunications department here
at the railroad if you wish.
Thanks,
Erik Pedersen
BNSF Railway Co. -Telecommunications
176 E 5th Street, Suite 1100
Saint Paul MN 55101
(651)298-2771
Maize Page 1 of 1
Jacqueline Hatch
From: Peggy Gregory
Sent: Thursday, August 03, 2006 2:04 PM
To: Mark.Wentland@BNSF.com
Cc: Jacqueline Hatch
Subject: building permit
I e-mailed you on July 19 to advise we have not received a building permit application for the microwave
repeater station east of Highway 85 on County Road 6. Please advise the status.
Thanks.
Peggy Gregory
Building Compliance Officer
Weld County Planning Department
918 10 ST
Greeley CO 80631
(970)353-6100 Ext.3568
UY4 ro44= a*iC .44:"}.42' V6♦41'1"iY et 4k?4,++444*it 44*4P 4 t+44 # ,:4 4 ->fl***4
8/3/2006
Maize Page 1 of 1
Jacqueline Hatch
From: Peggy Gregory
Sent: Wednesday, July 19, 2006 8:24 AM
To: Mark.Wentland@BNSF.com
Cc: Jacqueline Hatch
Subject: building permit
Mark
We have not yet received a building permit application for the microwave repeater station as we discussed
when we met on June 1, 2006. Planning staff has also not received the info needed to complete the USR.
Please let me know the status.
Thanks.
Peggy Gregory
Building Compliance Officer
Weld County Planning Department
918 10 ST
Greeley CO 80631
(970)353-6100 Ext. 3568
• a,-049♦♦ v+c .,♦ ri1" .4♦!°..O••••t•vtt*i4A4 ... •,, i00 4.412 44,1*
07/19/2006
6 jrug DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
NORTH OFFICE
918 10th Street, Greeley, CO 80631
Website: www.co.weld.co.us
E-mail Address: poreooryco.weld.co.us
Phone: (970) 353-6100, Ext. 3568
Q Fax: (970) 304-6498
COLORADO SOUTHWEST OFFICE
4209 CR 24.5, Longmont, CO 80504
Phone: (720) 652-4210, Ext. 8730
Fax: (720)652-4211
WELD COUNTY
BUILDING CODE VIOLATION NOTICE
May 16, 2006
DANNY SHORT
BNSF RY-TS CONTRACT MANAGEMENT
2400 WESTERN CENTER BLVD-TOB
FORT WORTH TX 76131
VICE PRESIDENT, LAW
BNSF RAILWAY COMPANY
2500 LOU MENK DRIVE -AOB 3
FORT WORTH TX 76131
Subject: VI-0600092, Part of the E2NE4NE4 of Section 27, Ti N, R66W of the 6th P.M., Weld County, Colorado
Dear Mr. Short:
It has been determined that the property located at the above noted legal description is currently in violation of the
following Sections of the Weld County Code:
Section 29-3-10 "Building permit required."
Section 29-3-160 "Zoning compliance."
Section 29-3-170 "Approval and issuance of permit."
Section 29-3-270 "Conduct of building permit inspections."
To bring your property into compliance with the Weld County Code:
A new permit application shall be submitted for the microwave repeater station 3.4 miles east of Highway
85 on County Road 6.
It is the intention of this office to assist and cooperate with you without imposing undue hardships; however,we have
no discretion in this matter if you fail to correct this violation. You have 30 (thirty)days from May 16, 2006, to correct
this violation. Failure to do so will result in this office scheduling the violation before the Board of County
Commissioners to consider whether to refer the violation to the County Attorney's Office for legal action.
May 16, 2006
page two
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.
re:re I y, ��
tat
Peggy regory
Building Compliance Officer
pc: VI-0600092
Jacqueline Hatch, Planner
Message Page 1 of 3
Jacqueline Hatch
From: Peggy Gregory
Sent: Thursday, April 13, 2006 11:26 AM
To: Jacqueline Hatch
Subject: FW: USR-1030
Peggy Gregory
Building Compliance Officer
Weld County Planning Department
918 10 ST
Greeley CO 80631
(970)353.6100 Ext.3568
From: Pedersen, Erik R [mailto:Erik.Pedersen@bnsf.com]
Sent: Thursday, April 13, 2006 11:23 AM
To: Peggy Gregory
Subject: RE: USR-1030
Peggy,
Thanks for letting me know where the notices went and how to start the application. I am no longer in St. Paul and
need to ask that you update your records for notice addresses.
Please update your records to show Mr. Danny Short (817) 352-0736 as the contact for matters concerning this
property.
Mr. Danny Short
BNSF Ry -TS Contract Management
2400 Western Center Blvd -TOB
Fort Worth, TX 76131
Also, please copy any official notice to our legal department.
Vice President, Law
BNSF Railway Company
2500 Lou Menk Drive -AOB 3
Fort Worth, TX 76131
Please let me know if you need this info sent by regular mail as an official request.
Thanks for your help.
Erik Pedersen
BNSF Ry -TS Contracts
Original Message
From: Peggy Gregory [mailto:pgregory@co.weld.co.us]
Sent: Wednesday, April 12, 2006 2:38 PM
To: Pedersen, Erik R
04/13/2006
Message Page 2 of 3
Subject: RE: USR-1030
I mailed them to:
Burlington Northern Railroad
Attn: Erik Pedersen
176 E 5 ST
St Paul MN 55101
You can find the permit application on our web site -www.co.weld.co.us. On the left side of the scrren,
click on Building Inspector. Under Building Inspection, click on Building Application. On the back of the
form is a list of the documents needed to submit with the application.
Peggy Gregory
Building Compliance Officer
Weld County Planning Department
918 10 ST
Greeley CO 80631
(970)353-6100 Ext.3568
From: Pedersen, Erik R [mailto:Erik.Pedersen@bnsf.com]
Sent: Wednesday, April 12, 2006 12:18 PM
To: Peggy Gregory
Subject: RE: USR-1030
I'm curious, Peggy: what address did you use to send the notices? I've heard nothing about one from
January, either.
If the permit application is available electronically, please e-mail that to me. If you have it only as a hard
copy, please mail it to:
Mr. Danny Short
BNSF Ry --TS Contracts Management
2400 Western Center Boulevard --TOB
Fort Worth, Texas 76131
Thank you,
Erik Pedersen
BNSF Ry -- TS Contracts
Original Message
From: Peggy Gregory [mailto:pgregory@co.weld.co.us]
Sent: Wednesday, April 12, 2006 11:10 AM
To: Pedersen, Erik R
Cc: Jacqueline Hatch
Subject: RE: USR-1030
A permit for the microwave repeater station on the site of USR-1030 was expired on 02/02/01 due to
lack of inspections. The violation exists due to the fact that the repeater station is on the site without
a final approval and all inspections completed.
I originally sent a letter dated January 31, 2006, and, due to lack of response, initiated a violation
and sent a second letter on March 3, 2006.
A permit application will need to be submitted and all inspections completed.
Let me know if you have further questions or if I can send a permit application.
Thanks.
04/13/2006
Message Page 3 of 3
Peggy Gregory
Building Compliance Officer
Weld County Planning Department
918 10 ST
Greeley CO 80631
(970)353-6100 Ext.3568
From: Pedersen, Erik R [mailto:Erik.Pedersen@bnsf.com]
Sent: Tuesday, April 11, 2006 9:10 PM
To: Peggy Gregory
Cc: Short, Danny E (TS)
Subject: FW: USR-1030
Peggy,
I am writing to you to follow up on the attached note from Jacqueline Hatch. As far as I know, the
violation notice referred to in the message has not made its way into the TS Contracts Management
group.
Could you please let me know what kind of permit it is that has expired and needs renewing? I'm a
bit confused by the reference to a building permit since the site was developed quite a few years
ago and we don't plan any changes to the site in the foreseeable future. If there is something we
need to renew, please let me know what we'll have to do.
Thank you,
Erik Pedersen
BNSF Ry -- TS Contracts
Original Message
From: Jacqueline Hatch [mailto:jhatch@co.weld.co.us]
Sent: Friday, April 07, 2006 2:50 PM
To: Pedersen, Erik R
Subject: RE: USR-1030
Erik,
I'm just checking in on the status of the plat for USR-1030. I also wanted to touch base with you
regarding a violation notice that was sent to you on March 3, 2006 giving you 30 days to obtain a
building permit for the microwave repeater station since the old permit expired. Please touch base
with Peggy Gregory at pgregory@co.weld.co.us regarding this issue.
THANKS for keeping me updated
Jacqueline
04/13/2006
Message Page 1 of 2
Jacqueline Hatch
From: Jacqueline Hatch
Sent: Friday, April 07, 2006 1:50 PM
To: 'Pedersen, Erik R'
Subject: RE: USR-1030
Erik,
I'm just checking in on the status of the plat for USR-1030. I also wanted to touch base with you regarding a
violation notice that was sent to you on March 3, 2006 giving you 30 days to obtain a building permit for the
microwave repeater station since the old permit expired. Please touch base with Peggy Gregory at
pgregory@co.weld.co.us regarding this issue.
THANKS for keeping me updated
Jacqueline
From: Pedersen, Erik R [mailto:Erik.Pedersen@bnsf.com]
Sent: Wednesday, March 29, 2006 12:40 PM
To: Jacqueline Hatch
Subject: RE: USR-1030
Understood. Thanks, Jacqueline. I'll be in touch when the updated drawing is complete.
Erik
Original Message
From: Jacqueline Hatch [mailto:jhatch@co.weld.co.us]
Sent: Wednesday, March 29, 2006 9:31 AM
To: Pedersen, Erik R
Subject: RE: USR-1030
Erik,
The changes listed below are a great place to start. Please keep in mind the Vicinity Map needs to be at 1"
= 2000' and the site map itself should be at a scale of 1" = 100' (you may need to do a detail map of the
site in a larger scale so everything is legible). I would like to review a paper copy of the map prior to going
to making the Mylar. You can mail the paper copies to me at the address below, I will review them and get
back to you via e-mail.
Weld County Department of Planning Services
Attn: Jacqueline Hatch
4209 County Road 24.5
Longmont CO 80504
Thanks for finishing this up for me.
Jacqueline
From: Pedersen, Erik R [mailto:Erik.Pedersen@bnsf.com]
Sent: Thursday, March 23, 2006 9:27 PM
To: Jacqueline Hatch
Subject: USR-1030
Hello Jacqueline,
I've finally gotten the plot that you sent to Danny Short in our Fort Worth office. Its a little hard for me to
make it all out because he scanned it as 8 different pages that I had to reprint and then tape together. Now,
(14/07/71)06
Message Page 2 of 2
•
all that I can see noted on the plot is that we need to:
1. add the site development requirements from the resolution approved in October of 1993;
2. change the plot header to reference "USR-1030..." including the lot number, section, township, and
range;
3. change the scale of the survey to 1" = 2000 ft.
Is this correct or is there anything more that needs to be added/edited?
Thanks for your help.
Erik Pedersen
BNSF Ry. -TS Contracts
(651) 226-7042
04/07/2006
(Vet DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
NORTH OFFICE
918 10th Street
1 Greeley, CO 80631
pgregory@co.weld.co.us
C
Phone: (970) 353-6100, Ext. 3568
Fax: (970) 304-6498
COLORADO SOUTHWEST OFFICE
4209 CR 24.5
Longmont, CO 80504
Phone: (720) 652-4210, Ext. 8730
Fax: (720) 652-4211
January 31, 2006
BURLINGTON NORTHERN RAILROAD
ATTN: ERIK PEDERSEN
176 E 5 ST
ST PAUL MN 55101
Subject: Permit# BP42137—Part of the E2NE4NE4 of Section 27, Ti N, R66W of the 6'h P.M.,
Weld County, Colorado
Dear Mr. Pederson:
It has come to the attention of the Department of Building Inspection that a permit for a microwave repeater
station at the above noted legal description was submitted on September 30, 1993. According to our records,
this permit was expired on February 2,2005, per resolution by the Board of County Commissioners;however,
the repeater station has been installed which makes the property in violation of the following sections of the
Weld County Code:
Chapter 29, Article III
Section 29-3-10 "Building permit is required."
Section 29-3-160 "Zoning compliance."
Section 29-3-170 "Approval and issuance of permit."
Section 29-3-270 "Conduct of building permit inspections."
I have enclosed a building permit application for your convenience. Should you have any questions, I may be
reached at 970-353-6100, Ext. 3568.
Thank you for your cooperation in this matter.
Sincerely,
Peggy Gregory
Building Compliance
pc: Jacqueline Hatch, Planner
SERVICE,TEAMWORK,INTEGRITY,QUALITY
Message rage i or z
Jacqueline Hatch
From: Pedersen, Erik R [Erik.Pedersen@bnsf.com]
Sent: Friday, January 27, 2006 9:14 AM
To: Jacqueline Hatch
Subject: RE: USR-1030
Good Morning, Jacqueline.
That will be extremely helpful -thanks.
Please send the plat to my colleague, Danny Short, at this address:
Danny Short
BNSF Railway -TS Contracts
2400 Western Center Boulevard
Fort Worth TX 76131-1322
Danny will scan and e-mail a copy to me and file the "original" with the Telecomm dept property records. Then I'll
deal with the engineering group to make the necessary corrections before we prepare a new draft. I'm no longer
full-time with BNSF (I've gone back to school for a few years) but I am working as a consultant for the folks who
have assumed my former duties, helping to wrap-up some of the older issues while they pick up the never ending
flow of new work.
Again, thanks for your help.
Erik Pedersen
Original Message
From: Jacqueline Hatch [mailto:jhatch@co.weld.co.us]
Sent: Friday, January 27, 2006 9:08 AM
To: Pedersen, Erik R
Subject: RE: USR-1030
Erik,
Good Morning
I will send you a copy of the paper plats and any other relevant material on Monday. I look forward to
wrapping this up with you.
Thanks
Jacqueline
From: Pedersen, Erik R [mailto:Erik.Pedersen@bnsf.com]
Sent: Thursday, January 26, 2006 9:37 PM
To: Jacqueline Hatch
Subject: USR-1030
Jacqueline,
It turns out that I actually will be working on this project. You indicated that the paper drafts previously
submitted by BNSF (BNRR?) need to be corrected prior to creating and submitting a final plat for
recording. Is there a chance that you could provide me copies of those paper drafts with any indication of
01/27/2006
Message Page 2 of 2
the specific corrections needed? If you can, I guarantee that will get things moving for us faster than me
badgering our engineers to dig through their files.
Thanks,
Erik Pedersen
01/27/2006
Message Page 1 of 2
Jacqueline Hatch
From: Pedersen, Erik R [Erik.Pedersen@bnsf.com]
Sent: Wednesday, January 18, 2006 12:36 PM
To: Jacqueline Hatch
Subject: RE: Regarding USR-1030
Jacqueline,
Thanks for getting that info to me -that makes things much easier for me. I will look back at my property records
and pass any relevant info I have along to a colleague and I'll copy you on that message; we will see to it that this
matter is properly handled. It may take a while to generate new prints because we will have to work with the
engineering people to make sure the drawings are current/accurate, but at least we'll keep the ball rolling on our
end. Again, I'm sorry this has dragged on so long.
Thanks,
Erik
Original Message
From: Jacqueline Hatch [mailto:jhatch@co.weld.co.us]
Sent: Monday, January 16, 2006 10:44 AM
To: Pedersen, Erik R
Subject: RE: Regarding USR-1030
Erik,
thanks for your response
USR-1030 refers to a microwave repeater station located south of County Road 6 and approximately 3/4
miles east of County Road 31 (just north of Lochbuie and Brighton). If you need any additional information
just let me know.
Thanks,
Jacqueline
From: Pedersen, Erik R [mailto:Erik.Pedersen@bnsf.com]
Sent: Thursday, January 12, 2006 5:53 PM
To: Jacqueline Hatch
Subject: RE: Regarding USR-1030
Dear Jacqueline,
I'm sorry this issue has gone on unresolved for so long. I will try to help you. Apparently the person I had
forwarded it to did not and I know she's no longer with BNSF. It is still the case that I am not the right
contact but I'll try again to put you in touch with the appropriate person. Before I pass this along, please
confirm for me that USR-1030 refers to a lease from the Colorado Board of Land Commissioners to BNSF
for placement and operation of private microwave communications facilities at or near Wiggins, Colorado.
Unfortunately, the Section, Township and Range description you've provided is not a meaningful reference
for me. It will be most helpful to me if you can let me know exactly what USR-1030 refers to in terms of the
referenced property's permitted use, much more so than any location-specific information.
If you're willing to help sleuth out the property use, I'll be able to put you in contact with the right party here
at BNSF. I--and the people I work with--handle the property issues related to BNSF's telecommunications
systems: microwave and radio towers, primarily. It's possible that you ought to be dealing with our Real
Estate Department and if that's the case, I want to send you to a specific person in that group rather than
punt and give you a general admin's number.
01/18/2006
Message Page 2 of 2
Thanks,
Erik Pedersen
Original Message
From: Jacqueline Hatch [mailto:jhatch@co.weld.co.us]
Sent: Thursday, January 12, 2006 12:20 PM
To: Pedersen, Erik R
Subject: Regarding USR-1030
Mr. Pederson
My name is Jacqueline Hatch and I am with the Weld County Department of Planning Services.
This e-mail is regarding USR-1030 located in part of the NE4 Section 27, Ti N, R66W of the 6th
P.M., Weld County. I have correspondence from you dated August of 2003 regarding finalizing
USR-1030 at that time you stated that you were not the contact person but you would forward it on
to the appropriate person. No response has been received regarding USR-1030.
USR-1030 was approved on October 6, 1993 and one of the conditions of approval was that a Mylar
Plat be submitted for recording. I do show that draft paper copies of the Mylar were submitted to our
office for review. Merrick Architect and Engineers (PO Box 22026 Denver CO 80222 phone 303-
751-0741) did the draft. There are corrections that need to be made prior to creating the Mylar. The
Department of Planning Service requests that new paper copies be submitted for review.
If you have any questions please do not hesitate to contact me at 720-652-4210 ext 8730 or via e-
mail.
Thank you,
Jacqueline
01/18/2006
I
• 0
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
' Website: WWW.CO.WELD.CO.US
E-mail Address:jhatch@co.weld.co.us
O 1555 N. 17th : (970) Gr53.6ley,100 COEx 80631
0
Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
COLORADO
July 21,2003
Burlington Northern Railroad
176 East Fifth Street
St.Paul,MN 55101
Subject: USR-1030, Part of the NE4 of Section 27,TIN,R66W of the 6th P.M.,Weld County,Colorado
To Whom It May Concern:
On October 6, 1993, your application for a Use by Special Review was approved by Weld County with specific
Conditions of Approval.
One of the required Conditions of Approval grants applicants sixty(60)days to submit a Mylar Plat. Should you choose
not to complete the Use by Special Review process and provide the required Mylar Plat, the Depai Intent of Planning
Services will need to be notified in writing of your decision.
Please contact me within five working days upon receipt of this letter to review this concern with me. Failure to show
progress will result in a Probable Cause case being initiated. The purpose of a"Probable Cause"Hearing would be to
review case number"USR-1030" for compliance with the Development Standards as approved by the Board of County
Commissioners on October 6, 1993 to determine if probable cause exists to hold a hearing of revocation of USR-1030.
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, •
Jacqueline Hatch
Planner
pc:
USR-1030
Department of Planning Services
Bruce Barker,County Attorney
SERVICE,TAA ORK,IVTEG'<l,`;', ‘12ALITY
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DEPARTMENT OF PLANNING SERVICES
1555 N. 179'AVENUE
IDWEBSITE:
ww.co.weld.co.us E-MAIL: light@co.weld.co.us
C 1PHONE (970) 353-6100, EXT. 3540
FAX (970) 304-6498
COLORADO
October 23, 2001
Burlington Northern Railroad
176 E. Fifth Street
St. Paul, MN 55101
Re: Conditions of Approval: USR-1030
To Whom it May Concern:
On October 6, 1993 your application for a Use by Special Review was approved by Weld County with
specific Conditions of Approval.
One of the required Conditions of Approval grants applicants sixty(60) days to submit a Mylar Plat.
Should you choose not to complete the Use by Special Review process and provide the required Mylar
Plat, the Department of Planning Services will need to be notified in writing of your decision.
If you do not formally withdraw your application and/or are unable to meet the Conditions of Approval,
your case will be scheduled for a hearing before the Weld County Board of County Commissioners.
Planning Staff will be recommending denial or your request at this hearing. If your application is denied
by the Board of County Commissioners, the decision could effect future land development applications
located on this parcel. Withdrawing applications will not generally effect future applications.
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. Planning Services Staff can be contacted at the above address.
Sincerely,
Lauren Light
Planner
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