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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 Follow Us—Architizer 1 Facebook 1 Twitter 1 YouTube 1 Flickr 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 rollom 1!s Architiicr I ueehook You fuhe I I'lickr 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 Follow Us-Architizer I Facebook I Twitter I YouTube I Flickr 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 r' (Domestic Mail Only;No Insurance Coverage Provided) ru December 15, 2011 ra • g F r•eliveryinf•rmati•nvisit•urwesite at www.us•s.c•m� M1 r-R ..0 Postage $ Department of Planning Services '^ Certified Fee Attn: Kim Ogle O Postmark 17th C7 r sem Receipt Fee Here 1555 N. 17 Avenue C7 (Endorsement Require Greeley, CO 80631 Restricted Delivery Required) (Endorsement livqu e ) u $ l Total Postage&Fees O 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 ‘>^t PN VvtldSe2MvT-6- gKW-^. v�u�n,�. DEC 2 8 2011 Vpc c Lou M6Wtz DW VE We .r Rq.l .tnit iT: r W�IMr-ExpressPr ■ Registered O Return Receipt for Merchandise .-1(/t3) '1.1330 O Insured Mail O C.O.D. 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) O 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 W` t ®4Y BI 5V ugotc '4etd County t'td:inl,rg Depa4IOWp j�R"r� io LOCI Mews- r 1 OFFICE .�.r ./ Certified Mail O Express Mall Pr wo a-iikl.-1 r ❑Registered ❑Retum Receipt for Merchandise .1(,{31/4 ❑Insured Mall ❑C.O.D. 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 OAF th, 1E M1 Postage $ S Certified Fee O Return Receipt Fee Postmark Here July 29, 2011 O (Endorsement Required) Here Restricted Delivery R ee ci (Endorsement Required) Kim Ogle r` ro Total Postage&Fees $ Department of Planning Services ra 1555 North 17th Avenue C Sent To 5L4SF- Greeley, CO 80631 rq o atreEAptNo cn, r l av Mq-i tp. Ciry,State,ZIP+4 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. or on the front if space permits. D. Is delivery address different from ttem 17 es 1. Article Addressed to: I ter delivery address below: 0 No RECEIV' �5 91SF- AUG 0 : 2011 2(ori0 Lou MEW-4,R-WQ1 3.� r'r ,ot Pr woe tI --x ,%%Certified Mail 0 Express Mall 0 Registered 0 Retum Receipt for Merchandise 1 CO\2J I 0 Insured Mail 0 C.O.D. 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 1. .. y ., �, I \ , ' 1 ' , vrt I 2.2 23 _____.. . ., ) . ,... 1...._..............._ __. ._ ....,........____ ,)_. ,..._... _ , . CR6 ,., 4 ery..tenv iffixisci.tra.az air,::,ziarai 4411 IL "al 4414;ill Cr;i;;;41 r:410424 ' '. Mt-WrI1W4 - flEffinif r 7,-- i'1 0 1 N 66W 0 -.., CC rt U*, 26- 27 - ,. fj E E t A A O p ��f��ttljl�t:f�rcrI,��t%�f"~,,c4�itt 4 i�rs�r j j 1 ►'Platt x�jIl1j I 1j t�*r��►t-+j �1�. if 441 If.40 `'"�!/t���lit f j`r%�, ��ttr�t�,�it� ate!!r`wir I14 -Its';` w= rlj�w�.�i. ! �11/,ilk; xd ate,; as 6 ,t, • E4 s 4 A ,' k , { ww aP* caw aw..w.,►.-wr. .iA w 3 -. "S . _..-,v"..' •-,•-,ry +.r,Er►aic,raw-7rrti Va i 7 f J y 'fi' �$. 9' ,bt - ,,,ti...7,..,0:40r,A.,..ii,t,,,T...,.,), .--,1..,11,..f..,. ....:„.i.,-.'-At —' , ,-,,- '..,,tti7).-,.1,ar 4 p ate, "° � wl W 1 C2�,x f ii 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 fth/C12/2(1117 MI • HAIT.. IN APPLICATION .d Couirty'bililding Inspection Department - al3(47MIT 1400 N. 17thAvenue Greeley, Colorado 80631 No...,_,�Y fJ __. (303) 353-3845 - Ext. 3525 PROPERTY OWNER P11 NE BuRA,g rON NORTNERKRAILRoAj _1Pa - 2p&•-27Af MAILING ADDRESS /760 Erl1Sr s'T1r sr: stlre a?So� sr. e/w4_, MA( (r(3-1O _/ CONlTACIOR•GFNERAL "IN- ONE __ ANDRFw ---r-,......-RA oRtiINn ./�ARlt�_l t (,o yG 2 �'dg., yg-3300 FTECTRICAL _PfiEAssJMfJLep SN[LftR ' TNF_RMp BoNQ13405ily L,i IC•) 4'Lk PO/yrSp rIUMBING • •T••� HEATING j NSA __ __— NFRrn4 fdorvr� I�?LDs leer,, Vic, AD, ESS OR DIRECTION 10 JOe SIIE l•Y AtiLLt$ DA,sT of Us Hwl. $'rs" oAe WELD Coverty 8040 6 No Sao fY. SovitH, � SueoiVlsiOtl Lot Block I Census Traci ''Gill OESCRlPTIOrI (�Afi/ or l��y set.12.7._.,r L tL p.IL lrle w•zan,ny DithkE G RI CvL T v L --'€'e`= L.V'34t J_4 f R. �ICZ L ems. ? r / r Uisronee IronsLor lines+N_ ��t7 .S__.._.Y_.g_....._.,___..___.....E. 86- W__2Z,y_.�..__..__ ROMA,' I Sal bet ks: N ""a'L=n1g.Ft- .$ i 11`•-e- .................r...E CA'ft-. .w-_Gl\iI5... II. TYPE AND VALUE OF GUILDING IMPORTANT-•-complel.All Ilona.Mach tune where opplltoble. 1 A. IYPE OF IMPROVEMENT . C. VALUE D. PROPOSED USE—Rnidenlial 1 rl NC./building FEES n1 Add-lcan �j O(1 On.Family G Remodel Voluo$ /' 7, /s r $6��J•6-6 Two us snore femily_Entor O Sprinkler Syllern rr 11 number of untie ❑Rep....r.ploc.ment Noll Included in the above mice 1J Lintel.motel.or dormllory O Movable Sisuclur. �a Enter numb..of wdl. ... C] (r Mont-in .Iocnlio.) o. Electrical&Ili �'1 3 —__ e�d y O Bnerewoy r-1 O Foundation only b. Construction mein._ J37 n Gorog.•Single[] Double° ❑Olhor _._.. { c. Plan Check p5_40 Attached G.rochoJ❑ 1 d- Oli.er —__ ._..._.._ __ O Corporr-Atlort.edrJ Dao:lredl,_I ,b. MOWNER Si I I P ❑ Polio-Anodised Li 0.iu.hedfl aa1 Nrivo...(Individual,Cap.. ` Q�'_r p Q Eo,ua,.nl•Partial❑ Nan O nonprofit inslilulion,etc) -a r�� (} 3•"a V ❑Crawl Space ' Public(Fed.ral Stole... 7 ' ,( 1J°c/ 3/ ❑Fireplace•Mammy O. G•Clauronc.UJ loco'governmsnr( RECEIPT NO.....___�(�`- ...•••K ®Ollie..MICRO W A✓E R(I° At e srArroN _...__ Tool vole* Describe in derail proposed us.and typo of building.dimensions. uf Lmprovem.rrt'Pr,./67 I Tolul feet$_—_. --- slums footage,number ul sr or lee,Ole• I C)• PAOPasf 0 vat.: of tire fAcrl.rry t5 foil A.MrcRoumve REP&AVER S•ryti,A/ DesiGAJf_LJ ro RBPAIrek oLR E$,sriu6 8Ep£ArER seTE LoC.TfO (NAmInis Cay.v/;x lia/ICENr_ ja the Nato OEI,vER AiRPoRr. 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RESIDF.Nr1AL OrllY 0 Elocsricity I IYPE OF thfCIIANICAL O_ Cool- • C.nl.ol AL Conditioning Number u1 bedrooms L71 Snbor Yes ❑ Na Number al 1.,_ ❑Oll+:r _,.,._—�- _J Elteolor 0 Yu. F4 N., ba l,rowns I— 7`-opuucanl,ms*germ and eMployes.coati compir.w;,h ell the roles,runinions and requitement,O1 Wald County Zoning NfirgaUdens and Weld County Building.Codes gavelning location,a rnrlruclion and erection of the above proposed work for which the • perm*is granted_The Building Iosneetor Of his agents a.t wllruri.td to order the irnmediete cosseting,of construction at any lime. 0 violation of the codes or regulation:appear.to nays oceeced.V1o,etion of any of the coder or regulations applicable cony result In,hi r.vncanon of this permit. y Z o g W a M 03 CO IIIIM • Q 0 p a O J W z Z 0 W V .6 W (7 > CC 0O. o o ❑ o CC m a? cc, I_ CL. dJ Z 7_ w a J uz i z a c .. . c " o Z O co z b Z J CD Q Uot a 0 a u, m V • Z O E o a W LL C uil ¢ U ' cc o a z D z o O 7 fl ; °o o W.0 z co as o 0 • ' là o o CC E ca r WHarm air C am 7 0(05 O O?0 _Z 0 J E W = a CO U o O u OM. Z w O m a.. Oa ~ h z z Z y zOro Z /O� 0N 2 . o J ° ln � a1:3 o- m & 0z0 > zz > o > c < ^¢ a s CO g� m �= w Sz ,_,> V DD w o4 < • H 4 Z < J 7° Q JO OW wQ�� y m 2 0 j O Z aCr- u ¢Z r iii W ♦''1 7 Z ' C7 rn t `' w \,. Y W Z aO .., �(U ; LL C CO 2, z t, x > Q RO i CI. la 0 1 or•0 1.; 0 o z° WO a> o c, z ' o z W �i— C7 '{ C ¢ z csm . O v O ° ti a y i ¢ ° O a N ` z JO ¢ U m ° < <z ? W W Ca to F- a 0 3c Z 4 p E z E I Z u J CC m m Y E v p 1 w 0O w 0 \ wo w� cU a o w o I.JQ �o �C" " 4. C7 IL :LL W V 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 (frI %ts\ 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 Hello