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Home My WebLink About20120413.tiff RESOLUTION RE: APPROVAL OF FOUR-LOT RECORDED EXEMPTION, RECX11-0056 - BB COLORADO HOLDINGS, LLC, C/O DAVE BURROUGHS, DBA DAVE'S OIL FIELD CONSTRUCTION, LLC 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, the request for a Four (4) Lot Recorded Exemption, RECX11-0056, was submitted by BB Colorado Holdings, LLC, 1628 Garner Chapel Road, Mount Olive, North Carolina, 28365, do Dave Burroughs, dba Dave's Oil Field Construction, LLC, 28339 County Road 44, Kersey, Colorado 80644, being represented by AGPROfessionals, LLC, 4350 State Highway 66, Longmont, Colorado 80504, for property which is located on the following described real estate, to-wit: E1/2 E1/2 of Section 32, Township 4 North, Range 64 West of the 6th P.M., Weld County, Colorado being more particularly described in the plat which shall be provided by the applicant and known as Exhibit "A," said plat to be recorded, and WHEREAS, the Board of County Commissioners, pursuant to its authority under Section 30-28-101(10)(d), C.R.S., did determine at a public meeting held in the Chambers of the Board, that a certain parcel of land, to be divided into four (4) parcels, as shown on the plat known as Recorded Exemption, RECX11-0056, does not come within the purview of the definition of the terms "subdivision" and "subdivided land," and WHEREAS, this request is to divide the property into four (4) parcels estimated to be approximately 141.34 acres, 4.59 acres, 4.42 acres, and 5.17 acres. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hereinabove described parcel of land be, and hereby is, exempt from the definition of the terms "subdivision" and "subdivided land." BE IT FURTHER RESOLVED by the Board that the application of BB Colorado Holdings, LLC, c/o Dave Burroughs, dba Dave's Oil Field Construction, LLC, being represented by AGPROfessionals, LLC, for a Four (4) Lot Recorded Exemption, RECX11-0056, be, and hereby is, approved subject to the following conditions: 1. Prior to recording the plat: A. The applicant shall address the requirements of the Weld County Department of Public Health and Environment, as stated in the referral dated January 16, 2012. The applicant shall supply a map depicting the correct septic permit number for each proposed parcel. Cllr PL, A0 k/0& 2012-0413 3 I a RECX11-0056 RECORDED EXEMPTION, RECX11-0056 - BB COLORADO HOLDINGS, LLC, C/O DAVE BURROUGHS, DBA DAVE'S OIL FIELD CONSTRUCTION, LLC PAGE 2 B. The applicant shall provide photographic evidence of the access closure to the Department of Public Works. C. The applicant shall submit a joint ownership access and/or operation maintenance agreement for the shared well (Permit # 607) between lots A, B, and D of this Recorded Exemption. This agreement shall be delineated on the plat (along with recording information) and an appropriate certificate using the language set forth in the Weld County Code, Appendix 24-F.2, shall be included. D. The applicant shall address the requirements of the Weld County Department of Building Inspection, as stated in the referral received December 29, 2011. Written evidence of such shall be provided to the Department of Planning Services. E. The applicant shall address the requirements of Platte Valley School District RE-7, as stated in the referral received January 10, 2012. Written evidence of such shall be provided to the Department of Planning Services. F. Lots A, B, and C shall comply with the two and one-half (2.5) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. Net acreage calculations shall not include reserved road right-of-way. G. Lot D shall comply with the one-hundred twenty (120) acre net minimum lot size required by Section 24-8-20.C.3 of the Weld County Code. Net acreage calculations shall not include reserved road right-of-way. H. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. 2. Items to be included on the plat: A. The plat shall be titled: Recorded Exemption No. 1053-32-1 RECX11- 0056. B. Show and label the 30 feet of unmaintained County Road 38 right-of-way along the southern boundary of the property. C. Show the approved access points and label them with the Access Permit number (will be provided). D. A 30-foot-wide joint access and utility easement extending across Lot A from County Road 40, for the benefit of Lots A, B, and C, shall be shown clearly on the plat. The joint easement shall be dedicated for the use as shown using the language set forth in the Weld County Code, 2012-0413 RECX11-0056 RECORDED EXEMPTION, RECX11-0056 - BB COLORADO HOLDINGS, LLC, C/O DAVE BURROUGHS, DBA DAVE'S OIL FIELD CONSTRUCTION, LLC PAGE 3 Appendix 24-F.2. The easement shall be graded and drained to provide all-weather access. E. County Roads 40 and 53 are designated on the Weld County Road Classification Plan as a local gravel roads, which require 60 feet of right-of-way at full buildout. The applicant shall verify the existing right-of-way and the documents creating the right-of-way and this information shall be noted on the plat. All setbacks shall be measured from the edge of future right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. F. The following notes shall be placed on the plat: 1) All proposed or existing structures will, or do, meet the minimum setback and offset requirements for the Zone District in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. No building or structure, as defined and limited to those occupancies listed as Groups A, B, E, F, H, I, M, and R in Section 302.1 of the 2006 International Building Code, shall be constructed within a 200-foot radius of any tank battery, or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank battery, or 150-foot radius of any wellhead, shall require a variance from the terms of Section 23-3-10 of the Weld County Code. 2) Any future structures or uses on the site must obtain the appropriate zoning and building permits. 3) Lots A, B, and Lot C are not eligible for a future land exemption, in accordance with Section 24-8-20.C.3 of the Weld County Code. 4) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Recorded Exemption number. 5) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lots C and/or D have an adequate water supply of sufficient quality, quantity, and dependability. 6) Prior to the release of building permits, the applicant shall submit evidence of approval from the Platte Valley Fire Protection District to the Weld County Department of Building Inspection. 2012-0413 RECX11-0056 RECORDED EXEMPTION, RECX11-0056 - BB COLORADO HOLDINGS, LLC, C/O DAVE BURROUGHS, DBA DAVE'S OIL FIELD CONSTRUCTION, LLC PAGE 4 7) Should noxious weeds exist on the property, or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code. 8) Recorded Exemptions on adjacent properties may raise the issue of compliance with the intent of the Recorded Exemption process. Approval of this Recorded Exemption does not guarantee approval of future applications on adjacent properties. 9) Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Agricultural Exempt Building, per the requirements of Sections 29-1-20 and 29-3-20.6.13 of the Weld County Code, do not need building permits; however, a Certificate of Compliance must be filed with the Planning Department and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 10) Potential purchasers should be aware that Lot C may not be eligible for a domestic well permit which allows for outside irrigation and/or the watering of stock animals. The Colorado Division of Water Resources issues all well permits. 11) Potential purchasers should be aware that groundwater may not meet all drinking water standards, as defined by the Colorado Department of Public Health and Environment. The Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically thereafter. 12) Potential purchasers should be aware that approval of this Recorded Exemption does not guarantee that well permits will be issued for the lots. Any lot may be deemed non-buildable if the lot owner is unable to obtain a well permit. The Colorado Division of Water Resources issues all well permits. 13) Effective April 25, 2011, building permits issued on the proposed lots will be required to adhere to the fee structure of the County- Wide Road Impact Fee Program. 14) Effective April 25, 2011, building permits issued on the proposed lots will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. 2012-0413 RECX11-0056 RECORDED EXEMPTION, RECX11-0056 - BB COLORADO HOLDINGS, LLC, CIO DAVE BURROUGHS, DBA DAVE'S OIL FIELD CONSTRUCTION, LLC PAGE 5 15) The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the Weld County Code, shall be placed on the plat. 3. Any proposed subdivision adjacent to, or contained within, this Recorded Exemption may be considered to be urban scale development. Urban scale infrastructure may be required. 4. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies, the applicant shall submit a Mylar plat, along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 5. In accordance with Weld County Code Ordinance #2005-7, approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge may be added for each additional three (3) month period. 6. The Department of Planning Services respectfully requests a digital copy of this Recorded Exemption, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). 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. 2012-0413 RECX11-0056 RECX11-0056 - BB COLORADO HOLDINGS, LLC, CIO DAVE BURROUGHS, DBA DAVE'S OIL FIELD CONSTRUCTION, LLC PAGE 6 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of February, A.D., 2012 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:Tew c (Y - Sean P. Co y Chair Weld County Clerk to the Board I. William FvGarcci�T m • Deputy C e k to the Boar:r' Oak �m Vw r ra Kirkmeyer �me Q VED M:,r. � / e�.L, ,�b, , ._ ., s1iavid E. Lon 'County Attorney b (.0 ogiiVeCt (ILA Douglas Radem cher Date of signature: 3+/a 2012-0413 RECX11-0056 3/43.ae MEMORANDUM j' - ; TO: Board of County Commissioners r � • _ G 0 d N T Y j DATE: February 8, 2012 FROM: Chris Gathman— Planner Ill SUBJECT: Consideration of Recorded Exemptions RECX11-0055 & RECX11-0056 & Subdivision Exemptions SUBX11-0010 & SUBX11-0011 Attached to this memo are requests for (2)two Four(4) Lot Recorded Exemptions along with two (2) Subdivision Exemptions to divide off an existing residence on two (2) adjacent parcels. If approved, this would create a total of ten (10) parcels. Recorded Exemption RECX11-0055 & SUBX11-0010 are proposed to be located within the W2E2 of Section 32 while Recorded Exemption RECX11-0056 & SUBX11-0010 are proposed to be located in the E2E2 of Section 32. Staff has attached the recommendations for each of these applications separately to this memo but will present these applications together at the Monday, February 13th Board meeting. 2012-0413 1861 DEPARTMENT OF PLANNING SERVICES G 0 UT RECORDED EXEMPTION ADMINISTRATIVE REVIEW PLANNER: Chris Gathman HEARING DATE: February 13, 2012 CASE NUMBER: RECX11-0056 APPLICANT: Dave Burroughs, Dave's Oil Field Construction, LLC C/O AGPROfessionals, LLC ADDRESS: 28339 County Road 44, Kersey, CO 80644 REQUEST: Four-Lot Recorded Exemption LEGAL DESCRIPTION: The E2 E2 of Section 32, T4N, R64W of the 6th P.M., Weld County, CO PARCEL NUMBER: 1053 32 000011 PARCEL SIZE: +/- 159.57 acres ZONE DISTRICT: Agricultural WATER SOURCE: Lot A: Existing Well— Permit#607 Lot B: Existing Well— Permit#607 Lot C: Proposed Well Lot D: Proposed Well SEWER SOURCE: Lot A: Existing septic system— Permit#700414 Lot B: Existing septic system— Permit#691117 Lot C: Existing septic system - Permit#790176 Lot D: Proposed septic system Description: The applicant is applying for a total of 10 parcels on two adjacent parcels (W2 E2 and the E2 E2 of Section 32, T4N, R64W) through two recorded exemption applications and two subdivision exemption applications. A total of six (6) residences are located on these parcels. The applicant is proposing to create four(4) additional lots that could be residential building sites. One of these lots (Lot D of RECX11-0055) is a proposed site for an oil and gas operation that is currently applying for a Use by Special Review Permit(USR). The Department of Planning Services staff has reviewed this request and recommends that this request be denied for the following reasons: 1. It is the opinion of the Department of Planning Services staff that the applicant has not shown compliance with the following criteria as listed in Section 24-8-40.A through 24-8-40.O of the Weld County Code: Section 24-8-40.J: "The proposal is consistent with sound land use planning practices." - The number of lots to be created (a total of 10 if this recorded exemption along with the other pending applications is consistent with urban scale subdivision or Planned Unit Development SERVICE,TEAMWORK,INTEGRITY,QUALITY (PUD). This parcel is not located within an urban growth boundary or Intergovernmental Agreement boundary of any municipality. Additionally, there are no existing subdivisions or PUDs that are adjacent to this site. While staff acknowledges that there are a total of six (6) existing residences on these parcels (a nonconforming application). Staff believes that the recorded exemption and subdivision exemption process (through a 2-lot recorded exemption and subdivision exemption process) can be used to divide off these residences without creating additional residential building sites that are not consistent with the rural character of the surrounding area. Section 24-8-40.K: "The proposal is consistent with the Statement of Purpose as expressed in Section 24-1-30 of this Chapter." A. Assisting orderly and integrated development. B. Promoting the health, safety and general welfare of the residents of the County. E. Encouraging well-planned subdivisions by establishing adequate standards for design and improvement. G. Safeguarding the interests of the public, the homeowner and the subdivider. Staff believes that the number of lots proposed is an urban scale development and should be reviewed through the PUD process. The recorded exemption process is an exemption from the subdivision process and is not adequate to address issues such as but not limited to access maintenance, school bus pullouts and drainage concerns. There is also not a public notice requirement for recorded exemptions which is required for urban scale PUDs to allow neighbors and the public to express their concerns/issues with the development. Additionally, the applicant has the ability to divide of the existing residences through a 2-lot recorded exemption and a subdivision exemption on each parcel. Should the Board of County Commissioners approve this request, the Department of Planning Services staff recommends the following conditions be attached: 1. Prior to recording the plat: A. The applicant shall address the requirements of the Weld County Department of Public Health & Environment as stated in their referral dated January 16, 2012 - The applicant shall supply a map depicting the correct septic permit number for each proposed parcel. B. Provide photographic evidence of the access closure to the Department of Public Works. C. The applicant shall submit a joint ownership, access and/or operation maintenance agreement for the shared well (Permit # 607) between lots A, B and D of this recorded exemption This agreement shall be delineated on the plat (along with recording information) and an appropriate certificate using the language set forth in the Weld County Code, Appendix 24-F.2 shall be included. D. The applicant shall address the requirements of the Weld County Department of Building Inspection as stated in their referral received December 29, 2011. Written evidence of such shall be provided to the Department of Planning Services. SERVICE,TEAMWORK,INTEGRITY,QUALITY E. The applicant shall address the requirements of the Platte Valley RE-7 School District as stated in their referral received January 10, 2012. Written evidence of such shall be provided to the Department of Planning Services. F. Lots A, B and C shall comply with the Two and One-Half (2.5) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. Net acreage calculations shall not include reserved road right-of-way. G. Lot D shall comply with the one-hundred twenty (120) acre net minimum lot size required by Section 24-8-20.C.3 of the Weld County Code. Net acreage calculations shall not include reserved road right-of-way. H. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. 2. Items to be included on the plat: A. The plat shall be titled: Recorded Exemption No. 1053-32-1 RECX11-0056 B. Show and label the 30 feet of unmaintained County Right-of-Way (County Road 38) along the southern boundary of the property. C. Show the approved access points on the Plat and label with the Access Permit number (will be provided). D. A 30 foot wide joint access and utility easement extending across Lot A from County Road 40, for the benefit of Lots A, B and C, shall be shown clearly on the plat. The joint easement shall be dedicated for the use as shown using the language set forth in the Weld County Code, Appendix 24-F.2. The easement shall be graded and drained to provide all weather access. E. County Road 40 and County Road 53 are designated on the Weld County Road Classification Plan as a local gravel roads, which require 60 feet of right-of-way at full build out. The applicant shall verify the existing right-of-way and the documents creating the right- of-way and this information shall be noted on the plat. All setbacks shall be measured from the edge of future right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. 3. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. " No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F,H, I, M and R in Section 302.1 of the 2006 International Building Code, shall be constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank battery or 150-foot radius of any wellhead shall require a variance from the terms of the Section 23-3-10 of the Weld County Code. SERVICE,TEAMWORK,INTEGRITY,QUALITY 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lot A, Lot B and Lot C are not eligible for a future land exemption in accordance with Section 24-8-20.C.3 of the Weld County Code. 4) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Recorded Exemption number. 5) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lots C and/or D have an adequate water supply of sufficient quality, quantity and dependability. 6) Prior to the release of building permit, the applicant shall submit evidence of approval from the Platte Valley Fire Protection District to the Weld County Building Department. 7) Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. 8) Recorded Exemptions on adjacent properties may raise the issue of compliance with the intent of the Recorded Exemption Process. Approval of this Recorded Exemption does not guarantee approval of future applications on adjacent properties. 9) Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Ag Exempt Building per the requirements of Section 29- 1-20 and Section 29-3-20.B.13 of the Weld County Code do not need building permits, however, a Certificate of Compliance must be filed with the Planning Department and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 10) Potential purchasers should be aware that Lot C may not be eligible for a domestic well permit which allows for outside irrigation and/or the watering of stock animals. The State Division of Water Resources issues all well permits. 11) Potential purchasers should be aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. The Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically thereafter. 12) Potential purchasers should be aware that approval of this Recorded Exemption does not guarantee that well permits will be issued for the lots. Any lot may be deemed non-buildable if the lot owner is unable to obtain a well permit. The State Division of Water Resources issues all well permits. 13) Effective April 25, 2011, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2) SERVICE,TEAMWORK,INTEGRITY,QUALITY 14) Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2) 15) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. SERVICE,TEAMWORK,INTEGRITY,QUALITY People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. 4. Any proposed subdivision adjacent to or contained within this recorded exemption may be considered to be urban scale development. Urban scale infrastructure may be required. 5. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. 6. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Board of County Commissioner's resolution was signed a $50.00 recording continuance charge may be added for each additional 3 month period. 7. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to dhuertertaco.weld.co.us 8. The Weld County Board of County Commissioner's approval of this Recorded Exemption Application is based on satisfying the Conditions of Approval. Should an applicant be unwilling or unable to meet any one of these conditions within 60 days of approval, then this case will be forwarded to the Weld County Board of County Commissioners with a staff recommendation for denial SERVICE,TEAMWORK,INTEGRITY,QUALITY RECORDED EXEMPTION (RE) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number 1 0 5 3 . 3 2 . 0 - 0 0 . 0 1 1 (12 digit number-found on Tax I.D.information,obtainable at the Weld CountAssessor's sessors Office,or www.co.weld.co.us)bq 7.2•4Legal Description E2 E2 , Section :hi , Township 4 North, Range qa West Has the property been divided from or had divided from it any other property since August 30, 1972? Yes O No❑ Is this parcel of land, under consideration, the total contiguous land owned by the applicant? Yes No 0, FEE OWNER(S) OF THE PROPERTY: Name: BB Colorado Holdings, LLC Work Phone# 913-676-8752 Home Phone# Email Address Address: 9000 W. 67th Street City/State/Zip Code Merriam, KS 66202 APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany all applications signed by Authorized Agent) Name: Dave Burroughs, Dave's Oil Field Construction, LLC c/o AGPROfessionals, LLC Work Phone# 303-5494034 Home Phone# Email Address tnaylor@agpros.com Address: 28339 WCR 44 City/State/Zip Code Kersey, CO 80644 Lot A Lot B Lot C Lot D Smaller Parcel Water Source well well Proposed well Proposed well Type of Sewer Septic Septic Septic Proposed Septic Proposed Use Residential Residential Residential Residential Acreage 4.59 4.42 5.17 141.34 Existing Dwellings? If Yes, list address If Yes, list address If Yes, list address If Yes, list address below: below: below: below: 25778WCR 40 25758 WCR40 na na If the property is vacant or unimproved write proposed water source and proposed sewer system for each parcel in the blanks above. For example, if a well and septic is proposed state: proposed well, proposed septic. I (We) request that the following described property be designated a Recorded Exemption by the Weld County Board of County Commissioners. I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included showing the signatory has the legal authority to sign for the corporation. ignature: r or Aut ized Agent ate Signature: Owner or Authorized Agent Date • • RECORDED EXEMPTION (RE) QUESTIONNAIRE Dave Burroughs East''/ of the East 1/2 of Section 32, T4N, R64W of the 6th Meridian 1. Water supply statements addressing the following: a. Domestic use. The statement will include evidence that a water supply of sufficient quality, quantity and dependability will be able to serve all proposed lots. Lot A is served by an existing well permit#607 (copy is included with application) Lot B is served by an existing well permit#607 (copy is included with application) Lot C will be served by a proposed well. Lot D will be served by a proposed well. b. Irrigation water: The statement will include the type and quantity of irrigation water to the site, whether irrigation water has been removed from the site and if so, when. Lots A, B, C, D have no irrigation water. 2. A statement explaining that the proposed lots will have an adequate means for the disposal of sewage in compliance with the requirements of the underlying zone district and the Weld County Department of Health and Environment. A copy of the septic permit or a letter from the sewage disposal facility must accompany the application. An ISDS permit for Lot A is enclosed with this application, permit#700414 An ISDS permit for Lot B is enclosed with this application, permit#691117 An ISDS permit for Lot C is enclosed with this application, permit#790176 Lot D will be served by a proposed septic system. 3. A description of how the property is being used. When the parcel(s) is located in the agricultural zone district, the number and types of livestock and any existing improvements such as the principal residence, labor home, mobile home, manufactured home, barn outbuildings and oil and gas well production facilities on the property. If the property is being farmed the location of the pivot sprinklers and irrigation ditches as wells types of crops being produced. Lot A is a single family residence with a detached garage. Lot B is a single family residence. Lot C is a proposed single family residence. Lot D is a proposed single family residence. 4. A description of the location, size, present and future use of the area where the proposed new lot(s)will be created. Lot A is proposed as a 4.59 +/-acre parcel. Lot B is proposed as a 4.42 +/-acre parcel. Lot C is proposed as a 5.17 +/-acre parcel. Lot D is proposed as a 141.34 +/-acre parcel. 5. A statement describing any unique physical characteristics on site. If applicable, such as rock outcropping, hills, ditches. No unique physical characteristics exist on site. • • 6. A statement describing where a primary building envelope and /or alternative building envelope will be designated on any lots. Building envelopes may not be necessary on lots smaller than 35 acres. A residential building envelope is proposed on the west central area of Lot D. 7. Is there a business or Use by Special Review permit on the property? No USR or business is being proposed for the property. ill COUNTY ROAD 40 • 30-FOOT R.O.W. SOUTH SIDE OF EXIST. RES. ACCESS XIST. ACCESS SECTION LINE PROPOSED ACCESS EXIST. RES. ACCESS TO BE CLOSED LOT A PROPOSED ACCESS\ LOT B 59 5.5.5 M. 28 29,„q M. ' 33 . PROPOSE PROPOSED .o ..8 LOT A c a g 4.42 LOT B ., LOT4.5 \ . a ACRES,, ACRES \ .� w.,;...: .,s.. :. tg N '8% rIlr mRriii 8e K12\ s .m : ' PROPOSED EXIST. AG. ACCESS K. 7 '8 LOT C PROPOSED ACCESS LOT C R S.1.1 7 ---- ACRES COUNTY ROAD 53 30—FOOT R.O.W. WEST 3 /"SIDE OF SECTION LINE t ® / S. ® tCm kr XIST. OIL & GAS, ACCESS a 44 vast C:233= \ PROPOSED � '/ LOT D 3141.34 ACRES r eM ( rump aim ( -sa".SE ( rw.n.w I uy,y..'• ( so.".. ( .,„,;,_„Ai PROPOSED SE LOT 30.0.1,../4.48 /Ij�/ACRES / \ 8 C -k - I 11 ,� EXIST. RES. ACCESS — /PROPOSED ACCESS SE LOT —74:10 ` 1 EXIST. OIL & GAS, s `�+/ ACCESS PROPOSED ACCESS LOT D I >v t .ttu. N ' EXIST. OIL & GAS, AG. W_1 ACCESS PROPOSED ', 421/4ACCESS LOT D WVWOSw unto' • 5t S DATE: DAVE'S OIL FIELD CONSTRUCTION 12/01/ ■■ - O AGPROfessionals, LLCEAST SHEET NO. I DEVELOPERS Of AGRICULTURE RE 1 a •�, CO + Weld County Public Work • Dept. .sue 1111HStreet ACCESS PERMIT it co P.O. Box 758 G ` Greeley, Co 80632 APPLICATION FORM £/C'NO Phone: (970)304-6496 Fax: (970)304-6497 Applicant Property Owner(If different than Applicant) Name Dave Burroughs C/O AGPROfessionals, LLC Name BB Colorado Holdings, LLC Company Dave's Oil Field Construction,LLC Address 9000 W 67th ST Address 28339 WCR 44 City Merriam State KS Zip 66202-3700 City Kersey State Co Zip 80644 Phone 913-676-8752 Business Phone 303-549-4034 Fax Fax E-mail E-mail tnaylor@agpros.com ♦= Existing Access A= Proposed Access Parcel Location &Sketch The access is on WCR 40 Nearest Intersection:WCR 40 &WCR 53 watito z K s Distance from Intersection,ha Parcel Number 105332000011 Rip Section/Township/Range E2E2 32-4-64 t V •y V Is there an existing access to the property70YES NOO N 3 Number of Existing Accesses B Ri oI4• Road Surface Type&Construction Information 0y'a Asphalt n Gravel n Treated n Other WCR Culvert Size&Type Materials used to construct Access Construction Start Date Finish Date Proposed Use (Temporary(Tracking Pad Required)/$75 ❑Single Residential/$75 ❑Industrial/$150 DSma11 Commercial or Oil&Gas/$75 Large Commercial/$150 ❑Subdivision/$150 ❑Field (Agriculture Only)/Exempt Is this access associated with a Planning Process? ❑No ❑USR ZRE ['POD ❑Other Required Attached Documents -Traffic Control Plan -Certificate of Insurance -Access Pictures (From the Left, Right, &into the access) By accepting this permit,the undersigned Applicant, under penalty of perjury,verifies that they have received all pages of the permit application;they have read and understand all of the permit requirements and provisions set forth on all pages;that they have the authority to sign for and bind the Applicant,if the Applicant is a corporation or other entity;and that by virtue of their signature the Applicant is bound by and agrees to comply with all said permit requirements and provisions,all Weld County ordinances,and state law regarding facilitie construction. vI Signature Printed Name il41IOY Date /4/Z'!( Approva or Denial wil e issued minimum of 5 days. Approved by Revised Date 6/29/10 Submit by Email Kit ft eii.-.--.i\ir"\\\ Weld County Referral 111kDecember 28, 2011 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant: BB Colorado Holdings, LLC Case Number: RECX11-0056 do Dave's Oil Field Construction. LLC Please Reply By: January 25, 2012 Planner: Chris Gathman Project: Four-Lot Recorded Exemption. Location: South of and adjacent to County Road 40 and west of and adjacent to County Road 53. Parcel Number: 105332000011-R4287186 Legal: E2E2/PT NW4NE4 SECTION 32, T4N, R64W of the 6th P.M.,Weld County, Colorado. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. OWe have reviewed the request and find that it does/does not comply with our Comprehensive OPlan because: • We have reviewed the request and find no conflicts with our interests. OSee attached letter. Comments: Upon review of my case files and computer under the above parcel number, no violations were noted. Bethany Salzman 01/03/2012 Signature Date Agency Zoning Compliance Officer Weld County Planning Dept. 1555 N 17th Ave,Greeley,CO.80631 (970)353-6100 ext.3540 (970)304-6498 fax From: 01 /09/2012 04:20 #147 P.005/006 (it ;\\.„ Weld County Referral December 28,2011 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant: BB Colorado Holdings, LLC Case Number: RECX11-0056 do Dave's Oil Field Construction. LLC Please Reply By: January 25,2012 Planner Chris Gathman Project: Four-Lot Recorded Exemption. Location:South of and adjacent to County Road 40 and west of and adjacent to County Road 53. Parcel Number: 105332000011-R4287186 Legal:E2E2/PT NW4NE4 SECTION 32,T4N,R64W of the 6th P.M.,Weld County, Colorado. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information,please call the Department of Planning Services. ® We have reviewed the request and find that it does/does not comply with our Comprehensive ® Plan because: • We have reviewed the request and find no conflicts with our interests. ® See attached letter. Comments: No Problem Noted. Signature l /117k i£ /'t,S, 4 Date 1/3/2012 Agency Platte Valley Fir rotection District Weld County Planning Dept. 1555 N 17th Ave,Greeley,CO.80631 (970)353-6100 ext3540 (970)304-8498 fax MEMORANDUM TO: Chris Gathman, Planning Services DATE: January 25, 2012 G OU N T Y r FROM: Heidi Hansen, P.E., Public Works Department SUBJECT: RECX11-0056, BB Colorado Holdings, LLC The Weld County Public Works Department has reviewed this proposal. Staff comments made during this phase of the process may not be all-inclusive, as other concerns or issues may arise during the remaining application process. Issues of concern must be resolved with the Public Works Department. Our comments and requirements are as follows: COMMENTS: CR 40 & CR 53 are local gravel roads and require a 60-foot right-of-way at full build out. There is presently a 60-foot right- of-way. These roads are maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning (23-1-90), the required setback is measured from the future right-of-way line. There is 30 feet of unmaintained County Right-of-Way north of the CR 38 section line. Please show and label this right-of- way on the plat. Lots A, B, C and D shall utilize the existing accesses to property. No additional accesses will be granted. Show the accesses on the plat and label them with the approved access permit number (will be provided). Please provide photographic evidence of the closure of the existing secondary Lot B access to be closed. This area IS NOT in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). REQUIREMENTS: 1. Show and label the 30 feet of unmaintained County Right-of-Way along the southern boundary of the property. 2. Show the approved access points on the Plat and label with the Access Permit number(will be provided). 3. Provide photographic evidence of the access closure. 4. Place the following notes on the Plat: a. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. All vegetation, other than grasses, needs to be maintained at a maximum height of 12 inches until the area is completely developed. Page I of I C:\Documents and Settings\cgathman\Local Settings\Temporary Internet Files\Content.IE ;\0.±.16 Memorandum TO: Chris Gathman, W.C. Planning L A Januar y 16, 2012 JNTY ry GOU.� FROM: Lauren Light, W.C. Department of Public Health and Environment CASE NO.: RECX11-0056 NAME: BB Colorado Holdings, LLC Environmental Health Services has reviewed this proposal to exempt 3 lots off of 155.5 acres. Proposed Lots A and B will each be approximately 4.5 acres, proposed lot C will be 5.1 acres and proposed Lot D will be 141.3 acres in size. There are existing residences on proposed lots A and B which are served by a shared well (permit 607). A shared well agreement is required. Individual sewage disposal systems provide sewage disposal for proposed lots A, B and C. The home addressed as 25778 CR 40 has three septic permits associated with the residence, G19700414, G19691117 and G19722080. The residence addressed as 25758 has one septic permit, G19750825. The prior residence addressed as 25520 has three septic permits associated with the parcel, G19790178, G19790177 and G19790176. The applicant shall supply a map depicting the correct septic permit number for each proposed parcel. Proposed Lot C is vacant and an individual well will be installed when a residence is constructed. An existing sewage disposal system will be utilized. Proposed Lot D is vacant and a new sewage disposal system and individual well will be installed when a residence is constructed. The following conditions are recommended to be part of any approval: 1. A Weld County Septic Permit is required for the proposed homes septic systems and shall be installed according to the Weld County Individual Sewage Disposal Regulations. Please note, the lot owners shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sewer line. In accordance with the Weld County Code, if a sewer line exists within 400 feet of the property and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. 2. The applicant shall supply a map depicting the correct septic permit number for each proposed parcel. 3. The application materials indicate that the two houses are proposed to share a common well. Therefore, the applicant shall submit a document providing for shared well operation and maintenance by both parcels of land. The declaration shall be recorded and the recordation number indicated on the plat. A joint easement agreement shall be indicated on the plat. Additionally, please note the following: 1. Topographic or physical features of the proposed lot, such as ravines, ditches, streams, etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Division recommends that the applicants review the County Code pertaining to Septic Systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may need to be enlarged. 2. This application is proposing wells as its source of water. The applicant should be made aware that while they may be able to obtain well permits from the Office of the State Engineer, Division of Water Resources, the quantity of water available for usage may be limited to specific uses, i.e. domestic use only, etc. Also, the applicant should be made aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. We strongly encourage the applicant to test their drinking water prior to consumption and periodically test it over time. 3. All septic systems must be located on their respective lots and meet all lot line set back requirements. Submit by Email (8 rise Weld County Referral December 28, 2011 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant: BB Colorado Holdings, LLC Case Number: RECX11-0056 do Dave's Oil Field Construction, LLC Please Reply By: January 25, 2012 Planner: Chris Gathman Project: Four-Lot Recorded Exemption. Location: South of and adjacent to County Road 40 and west of and adjacent to County Road 53. Parcel Number: 105332000011-R4287186 Legal: E2E2/PT NW4NE4 SECTION 32, T4N, R64W of the 6th P.M., Weld County, Colorado. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. OWe have reviewed the request and find that it does/does not comply with our Comprehensive OPlan because: • We have reviewed the request and find no conflicts with our interests. OSee attached letter. Comments: A building permit will be required for any new construction, alteration, or addition to any building on the property.A building permit application must be completed and two complete sets of plans including engineered foundation plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review.A geotechnical engineering report performed by a registered State of Colorado engineer shall be required. Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application.Currently the following has been adopted by Weld County:2006 International Building Code;2006 International Mechanical Code;2006 International Plumbing Code:2006 International Energy Code;2006 International Fuel Gas Code;2011 National Electrical Code; 2003 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) Frank Piacentino 12/29/11 Signature Date Agency Building Inspection Weld County Planning Dept. 1555 N 17th Ave,Greeley.CO.80631 (970)353-6100 ext.3540 (970)304-6498 fax Matte 9)alley @School WELD COUNT' DISTRICT RE-7 PO. BOX 485 - KERSEY, COLORADO 80644 - 970/336-8500 - FAX 970/336-85 I I E. GLENN McCLAIN,SUPERINILNDENT January 6, 2012 Weld County Planning Department Attn: Chris Gathman 1555 N. 17th Avenue Greeley, CO 80631 RE: Recorded Exemption—BB Colorado Holdings, LLC—RECX11-0056 & SUBX11-0011 The Board of Education of Platte Valley School District, Weld RE-7 passed the land dedication, cash-in-lieu policy at the March 13, 2000 meeting. This policy addresses new developments and recorded exemptions that would affect the district. The policy is specifically intended for land use that will create a new residence. A cash-in-lieu payment is required for each new residential lot. It is the interpretation of the district that two new residences will be established with this recorded exemption and subdivision exemption. This policy is an effort to assist the district in mitigating the increasing capital cost of growth. Please forward this information to potential land developers and individuals requesting recorded exemptions so that they may make arrangements with the school district to satisfy the requirements of the policy. The district also requests that the land developer contact the school in regard to transportation. As the intended use is for residential development, consideration for a school bus stop needs to be examined. Please contact the district office with specific access locations and student transportation needs. Please contact my office if you have any questions. Sincerely, E. Glenn McClain, Jr., Ed.D. Superintendent L&rile `/uc//e y !IcA.00l. — WitStiLgz �zcr//iteri; ` j// RESOLUTION OF THE BOARD OF EDUCATION OF PLATTE VALLEY SCHOOL DISTRICT RE-7 WHEREAS, growth in residential land development and the construction of new residential dwellings within the boundaries of the Weld County School District RE-7(the "District")necessitates the acquisition of additional public school sites to accommodate the corresponding increases in student populations;and WHEREAS, requiring land dedications for public school sites,or payments in lieu of land dedications will provide a portion of the land to meet such demand; and WHEREAS, planning departments within the various local governments that have territory within the District a aitinrly refer npplicrditnt5 i tatiag tO licw development for review and comments concerning the adequacy of public school sites and facilities; and WHEREAS, local governments arc encouraged and authorized to cooperate with other units of government,pursuant to Section 29-20-105,C.R.S., for the purpose of planning or regulating the development of land, including, but not limited to,the joint exercise of planning, zoning,subdivision, building,and related regulations;and WHEREAS, in an effort to promote further cooperation between the District and other local governments in connection with the issuance of residential land development approvals, and in the mitigation of the impacts of such residential land development approvals on the District's ability to provide adequate school,the District has determined to adopt a uniform policy with respect to its recommendations to such local governments in the referral process; and WHEREAS, the District has determined that the mitigation of the impacts of such residential land development approvals should occur through the dedication of land for school sites,or the payment of funds in lieu of such dedication; and WHEREAS, the policy set forth within constitutes a reasonable and uniform method of ensuring that new residential construction and residential development bear a proportionate share of the cost of public school sites acquisition necessary to accommodate the educational service capacity demands of the residents who will be living in the new dwelling units; NOW, WHEREFORE, the Board of Education of Weld County School District RE-7 hereby results as follows: I. Cooperation with Local Governments Encouraged. The ability of the District to provide adequate educational opportunities for its student population is depend&nt upon,among other matters,the availability of adequate land, or in the alternative the availability of funds to purchase adequate land. Since the approval of residential land development applications by local governments with territory within the boundaries of 'the District substantially impacts the District's ability to meet its obligations to the public, the District shall encourage and request that such local government entities refer to the District all residential land development applications for review and comments concerning the adequacy of public school sites and facilities. Further,the District shall encourage and request that such local government entities consider the District's/ comments in conjunction with the review and processing of each individual residential. development application,and cooperate with the District in regard to the mitigation measures established in this Resolution. The District shall promptly review the referred development application and promptly submit its comments, recommendations and requests consistent with the policy set forth in this Resolution,to the appropriate local government. 2. Land Dedication Requirements. In connection with any pending or new application for residential land development to any local government with territory within the boundaries of the District,the District shall recommend and request that the following land dedication standards be imposed by such local government as a condition of development approval,except to the extent that the District,through its Superintendent or designee,has determined that the best interests of the District would be served by the payment of the fees set forth in paragraph 3 hereof,in lieu of such land dedication. Land shall be dedicated to the District in an amount equal to the greater of: (a) 10 percent of the total size of the approved development,or(b)calculated at the rate of two acres for every 1,000 new residents reasonably projected by the District for the development. 3. Fees in Lieu of Dedication. In the event the District,through its Superintendent or designee,determines that dedication of land is not in the best interests of the District, the District shall recommend and request that the following fees be paid in lieu of such land dedication,as a condition of approval of the development application by the local government. The fees shall be calculated as follows: (a)$750 for each new single-family residence;(b)$585 for each unit in a duplex or triplex; and(c) $420 for each unit in a multi-family structure other duplexes or triplexes. 4. In-Kind Contributions. The District shall be authorized to accept in-kind contributions in satisfaction of the requirements set forth in either paragraph 2 or 3 hereof, provided that such in-kind contributions represent a fair equivalent in terms of the value which would otherwise be realized under the policy set forth in such paragraphs. 5. Land Dedication Procedures. In the event that the District determines that land should be dedicated to the District, the District shall recommend and request that before recording the final plat for any development,that the local government require proof that the property owner has conveyed title to the District by general warranty deed, free and clear of all liens, encumbrances and exceptions(except those approved in writing by the 2 District), including, without limitation,real property taxes,which shall be prorated to the date of the conveyance. The property owner shall also provide a title insurance commitment and policy in an amount equal to the fair market value of the dedicated property 6. Fees in Lieu of Dedication Procedures. In the event that the District determines that fees should be paid in lieu of dedication of land,the District shall recommend and request that before recording the final plat for any development,that the local government require proof that the property owner has either paid in full to the District the applicable fee based on the total number of residential units proposed for the development, or alternatively,that an agreement has been signed between the District and a party in interest acceptable to the District which provides for a means of payment of such fees upon such terms and conditions as the parties may mutually agree upon. It shall be an acceptable method of payment, for purposes of such agreements,for the fees to be paid as building permits are issued. 6. Exemptions. The District has determined that the following types of residential development do not have an adverse effect on the District's ability to provide adequate educational facilities;accordingly they are exempt from land dedication requirements or fees to be paid in lieu of land dedication: (a)alteration or expansion or replacement of a residential dwelling unit not exceeding an increase of 1000 square feet over the existing dwelling; (b)assisted living facilities for the elderly;(c)construction of any building or structure intended for and used for limited terms stays, including by way of example and not by way of limitation,bed and breakfasts,hotels, family-care or group-care homes,hoarding or rooming houses,nursing homes,hotels,motels or hospices; (d) construction of any non-residential building or structure; and(e) construction of any residential building or structure classified as housing for older persons,pursuant to the Federal Fair Housing Act then in effect 7. Use of Funds. The District shall hold or deposit in trust for public school sites all lands or funds it receives in connection with the application of the policy set forth in this Resolution. With respect to fiends received,the District shall use such funds solely for acquisition,development,or expansion of public school sites or for capital facilities planning. sites acquisition,or capital outlay purposes. The timing,nature, method and extent of such planning, acquisition,development or outlay shall be at the discretion of the District. 8. Accounting for Dedications or Fees. The District shall cause to be included within its annual audit a summary and description of the status of receipts of land or fees in lieu of land dedication, so that full disclosure of the District's activities with respect to such receipts may he made public. 9. Further Actions. The District hereby authorizes its Superintendent,and such other employees,agents or consultants of the District as the Superintendent shall so designate,to proceed to contact local government entities with territory located within the boundaries of the District in order to inform such entities of the District's adopted policy. 3 Further, in order to ensure the long-term integrity of the policy set forth in this Resolution, such parties are authorized to proceed to negotiations with such entities directed towards achieving a formal written agreement with respect to the cooperation between such local governments and the District ADOPTED THIS 13 DAY OF ma rrh ,2000. PLATTE VALLEY SCHOOL DISTRICT WELD COUNTY RE-7 By: President, Board of Education ATTEST Pr azezizz- By: Secretary, Board of Education 4 DEPARTMENT OF NATURAL RESOURCES t; o DIVISION OF WATER RESOURCES ** �f*� John W.Hickenloopec 18 ,76 / Governor -_ Mike King Executive Director Dick Wolfe,P.E. Director January 4, 2012 Chris Gathman Weld County Planning Services Transmission via email: cgathman@co.weld.co.us Re: Four Lot Recorded Exemption and Subdivision Exemption Case Nos. RECX11-0056 and SUBX11-0011 E% E1/2 Sec. 32, T4N, R64W, 6th P.M. Water Division 1, Water District 2 Dear Mr. Gathman: This referral does not appear to qualify as a "subdivision" as defined in Section 30-28- 101(10)(a), C.R.S. Therefore, pursuant to the State Engineer's March 4, 2005 and March 11, 2011 memorandums to county planning directors, this office will only perform a cursory review of the referral information and provide informal comments. The comments do not address the adequacy of the water supply plan for this project or the ability of the water supply plan to satisfy any County regulations or requirements. In addition, the comments provided herein cannot be used to guarantee a viable water supply plan or infrastructure, the issuance of a well permit, or physical availability of water. The applicant seeks to split an approximately 160-acre parcel into four lots via a recorded exemption. The parcels will be 4.59 acres (Lot A), 4.42 acres (Lot B), 5.17 acres (Lot C), and 141.34 acres (Lot D). A subdivision exemption will be used in conjunction with the recorded exemption to separate two existing residences from a single parcel. The SE Lot will be 4.48 acres in size and contains an existing residence. Lots B and D currently contain a number of turkey barns. Based on an email from the applicant's consultant dated January 4, 2012, the property will no longer be used for poultry production. Lots A and B contain single family residences served by an existing well, permit no. 607, located on Lot D. This well was registered with this office on March 14, 1958 for domestic use. Domestic wells put to beneficial use prior to May 8, 1972 are limited to those historical uses initiated before this date that have continued to the present time. These uses may not exceed ordinary household purposes inside three single-family dwellings, the irrigation of 1 acre of lawns and gardens, and the watering of livestock and domestic animals. This office has no objection to the continued use of this well for its historic domestic uses. The proposed water supply for Lots C and D is a proposed well. Each lot is proposed to contain a single family residence. It is anticipated that a new permit for household use only could be issued for Lot C, and a new permit for full domestic uses could potentially be issued for Lot D, provided it would be the only well on a parcel of 35 acres or more. The ability for each lot to obtain a well permit and the type of permit available will be evaluated at the time that well permit applications are received in our office. Office of the State Engineer 1313 Sherman Street,Suite 818•Denver,CO 80203•Phone:303-866-3581 •Fax:303-866-3589 www.water.state.co.us RECX11-0056 and Sl.EC11-0011 Page 2 January 4,2012 applicant. Well permit no. 107562-A was issued as a replacement for permit no. 107562. This permit was issued on June 20, 1988 for the watering of livestock on a farm or ranch, further identified as the watering of 40,000 turkeys. This well is not currently permitted for domestic or household use. In order for this well to be used as a water supply for the proposed residence on the SE Lot,a new well permit would need to be obtained, which would result in the loss of turkey watering as an allowed use of the well unless a plan for augmentation were obtained. A new permit for full domestic uses could potentially be issued for this well, provided it would be the only well on a parcel of 35 acres or more. The ability to obtain a new permit for this well and the type of permit available will be evaluated at the time that the well permit application is received in our office. Should you have any questions, please contact Sarah Brucker of this office. Sincerely, itiaL Joan a Williams,P.E. er Resource Engineer • 3783409 08/01/2011 11:27A Weld Count/,CO 409 1 of 13 R 71.00 0 691.00 Steva Moreno Clerk 8 Recorder State Documentary Fee When recorded,return to: Date BB Colorado Holdings LLC 1628 Garners Chapel Road $ (2i1-00 Mt.Olive,NC 28365 Ann: Edward Kacsuta SPECIAL WARRANTY DEED THIS DEED, dated as 9Ler-4 z'9 , 2011, between PLUSS LEASING COMPANY LLC, a Colorado limited liabillity company("Grantor"),and BB COLORADO HOLDINGS LLC,a Colorado limited liability company,whose address is 1628 Garners Chapel Road,Mt.Olive,North Carolina 28365("Grantee"). WITNESS, that Grantor, for the consideration of the sum of Ten and 00/100 Dollars (510.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant,bargain,sell,convey and confirm unto Grantee,forever,all the real property,together with improvements situate,lying and being in the County of Weld,and State of Colorado,described as follows: SEE FXHIB IT A ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE (the"Property") TOGETHER WITH all and singular the hereditaments and appurtenances thereunto belonging, or in any ways appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever, of the Grantor,either in law or equity,of: in and to the above bargained premises,with the hereditaments and appurtenances; EXCEPTING AND RESERVING unto Grantor all oil, gas, coal and other minerals underlying the Property and all rights relating thereto,including the right to use of the surface to extract the same; provided such surface use shall not unreasonably interfere with the use and enjoyment of the Property by the fee owners and their tenants; TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances, unto the Grantee, its successors and assigns forever. Grantor, for itself, its successors and assigns, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee,its successors and assigns,against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor, except for and subject to the 'Permitted Exceptions",which shall mean(a)real property taxes for 201 l and subsequent years,a lien,not yet due and payable;(b)any matter of record or not of record that in any way affects title to the applicable parcel of Property which resulted from the acts or omissions of Grantee or ConAgra Poultry Company; and (c) the reservations, exceptions, easements, rights of way, restrictive covenants, conditions and other matters listed as Permitted Exceptions on Exhibit B attached hereto. Z 5 IbZ49ij pnrr3.AsPlSs5.DOC:G I 11111111111111111 111111111111111111111 III 11111Mill 111 IIlI 3783489 08/01/2011 11:27A Weld County,CO 2 of 13 R 71.00 D 691.00 Steve Moreno Clerk 8 Recorder IN WITNESS WHEREOF,the Grantor has executed this deed on the date sot forth above. PLUSS LEASING COMPANY LLC,a Colorado limited liability company By: 1%5 _ ' ' Y Douglas . loss,Manager STATE OF COLORADO )as. COUNTY OF nQMta+-N +� The foregoing instrument was acknowledged before me this,2]r day of 14+p�^�" 2011 by Douglas A. Floss as Manager of PLUSS LEASING COMPANY LLC,a Co rad limited liability company. Witness my hand and official seal. • My commission expires: 11-02-20 I I Q Qf0l '0, Notary Public twig cc _s .'0.= :twig • to it'll ('a 131:833Aa4745a5.00C41) 2 1111ON III�I'} 11II11:27A sinta'll�ll III lll�l Till III Recorder • 3 01 13 R 71.00 0 631.00 3730409 08/01120FXHIBITA PARCEL I (P&A Farm): ALL OF SECTION 30,TOWNSHIP 5 NORTH,RANGE 64 WEST OF THE 6TH P.M., COUNTY OF WELD,STATE OF COLORADO EXCEPT THAT PORTION AS SET FORTH IN DEED OF DEDICATION RECORDED JUNE 23,201 I AT RECEPTION NO.3775811 PARCEL 2(P&A Farm): THEE 1/2 OF THE SE 1/4 AND THAT PART OF THE S 1/2 OF THE NE 1/4 OF SECTION 28,TOWNSHIP 5 NORTH,RANGE 64 WEST OF THE 6TH P.M.,COUNTY OF WELD, STATE OF COLORADO,DESCRIBED AS FOLLOWS: BEGINNING AT THE E 1/4 CORNER OF SAID SECTION 28,SAID POINT BEING THE TRUE POINT OF BEGINNING,AND CONSIDERING THE EAST LINE OF THE NE 1/4 AS BEARING N 00°26'00"W,WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO: THENCE N 89°34'35"W ALONG THE SOUTH LINE OF SAID NE 1/4 1331.3 FEET; THENCE N 00°18'07"W,59,92 FEET;THENCE S 89°48'22"E,1331.09 FEET TO A POINT ON THE EAST LINE OF SAID NE 1/4;THENCE S 00°26'06"E ALONG SAID EAST LINE 65.26 FEET TO THE TRUE POINT OF BEGINNING. EXCEPT THAT PORTION AS SET FORTH IN DEED OF DEDICATION RECORDED JUNE 23,2011 AT RECEPTION NO.3775811 PARCEL 3(P&A Farm): PART OF THE SW V4 OF THE SW 1/4 OF SECTION 19,TOWNSHIP 5 NORTH,RANGE 64 WEST OF THE 6TH P.M.,COUNTY OF WELD,STATE OF COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SW CORNER OF SAID SECTION 19 AND CONSIDERING THE SOUTH LINE OF SAID SECTION 19 AS BEARING N 89°06'49"W,WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO: THENCE S 89°06'49"E ALONG THE SOUTH LINE OF SAID SECTION 19,863.99 FEET TO THE TRUE POINT OF BEGINNING;SAID POINT BEING THE INTERSECTION OF THE SOUTH LINE OF SECTION 19 AND AN EXISTING COUNTY ROAD RUNNING NORTHEASTERLY.THENCE NORTHEASTERLY ALONG THE CENTERLINE OF THE EXISTING COUNTY ROAD BY THE FOLLOWING 2 COURSES AND DISTANCES; THENCE N 54°43'56"E,456.92 FEET;THENCE N 76°08'29"E,30.85 FEET;THENCE S 00°02'57"W,277.45 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION 19; I122N33 AC414.43.DOC;II A-1 1111111111111111111111 11111111111111111111111111111 •3783409 08/01/2011 11;21A Weltl County,CO 4 of 13 fl 7},00 0 891.00 Steve Moreno Clerk d Recorder THENCE N 89°06'49"W,ALONG THE SOUTH LINE OF SAID SECTION 19,402.82 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 4(P-K Farm): ALL THAT PART OF THE S 1/2 OF SECTION 9,TOWNSHIP 1 NORTH,RANGE 65 WEST OF THE 6TH P.M.,COUNTY OF WELD,STATE OF COLORADO,LYING EAST OF THE BEEBE DRAW CANAL PARCEL 5(P-K Farm): LOTS 17 AND 18,BLOCK 44,TOWN OF HUDSON,COUNTY OF WELD,STATE OF COLORADO, EXCEPT THOSE PORTIONS OF LOTS 17 AND 18,BLOCK 44 IN THE TOWN OF HUDSON,COUNTY OF WELD,STATE OF COLORADO,LYING WESTERLY OF A LINE COMMENCING AT A POINT ON THE SOUTH LINE OF LOT 18,15.0 FEET EASTERLY OF THE SW CORNER OF SAID LOT IS AND EXTENDING TO A POINT ON THE NORTH LINE OF LOT 17,30.0 FEET EASTERLY OF THE NW CORNER OF SAID LOT 17. .i PARCEL 6(Pluss Turkey Farm): THEE 1/2 OF SECTION 32,TOWNSHIP 4 NORTH,RANGE 64 WEST OF THE 6TH P.ML, COUNTY OF WELD,STATE OF COLORADO, EXCEPT THE NORTH 30 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THAT PART OF THE NW 1/4 OF THE NE 1/4 OF SECTION 32,TOWNSHIP 4 NORTH, RANGE 64 WEST OF THE 6TH P.M.,DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER OF SAID NW 1/4 OF THE NE I/4;THENCE WEST ALONG THE NORTH SECTION LINE OF SAID SECTION 32,40 FEET;THENCE SOUTH • AT RIGHT ANGLES TO THE NORTH SECTION LINE OF SAID SECTION 32,200 FEET; THENCE EAST PARALLEL TO THE NORTH SECTION LINE OF SAID SECTION,40 FEET;THENCE NORTH AT RIGHT ANGLES TO THE NORTH SECTION LINE AND PARALLEL TO THE EAST LINE OF SAID SECTION,200 FEET TO THE POINT OF BEGINNING. PARCEL 7(Sandy Hills Farm): THE NW 1/4 OF SECTION 17,TOWNSHIP 4 NORTH,RANGE 64 WEST OF THE 6TH P.M.,COUNTY OF WELD,STATE OF COLORADO p=53.a+04r45i5.DOCd) A-2 •• 1111111111111111111111111111111111111111111111IIII IIF 3783409 08/01/2011 11:27A Weld County,CO 6 of 13 R 71.00 0 691.00 Steve Moreno Clerk&Recorder ! PARCEL 14(P-K Farm): LOTS 25 THROUGH 27,BLOCK 37,TOWN OF HUDSON,WELD COUNTY,COLORADO EXCEPT THOSE PORTIONS OF LOTS 25,26 AND 27 N BLOCK 37 IN THE TOWN OF HUDSON,WELD COUNTY,COLORADO,LYING WESTERLY OF A LINE COMMENCING AT A PONT ON THE SOUTH LINE OF LOT 27,96,9 FEET EASTERLY OF THE SOUTHWEST CORNER OF SAID LOT 27 AND EXTENDING TO THE NORTHEAST CORNER OF LOT 25,COUNTY OF WELD,STATE OF COLORADO. PARCEL 15(P-K Farm): LOTS 29 THROUGH 32,BLOCK 37,TOWN OF HUDSON,WELD COUNTY,COLORADO, EXCEPT THOSE PORTIONS OF LOTS 29 THROUGH 32,INCLUSIVE IN BLOCK 37 IN THE TOWN OF HUDSON,WELD COUNTY,COLORADO,LYING WESTERLY OF A LINE COMMENCING AT A POINT ON THE SOUTH LINE OF LOT 32,50.0 FEET EASTERLY OF THE SOUTHWEST CORNER OF SAID LOT 32 AND EXTENDING TO A POINT ON THE NORTH LINE OF LOT 29,87.5 FEET EASTERLY OF THE NORTHWEST CORNER OF LOT 29,COUNTY OF WELD,STATE OF COLORADO. I3 S3.3Aav45a.00car A-3 1111111 IIIII 111111 II�ITIIIIII 11/I 111111 III 111111111 Jill I 3783409 08/01/2011 11:27A Weld County,CO 6 of 13 R 71.00 D 691.00 Steve Moreno Clerk&Recorder EXHIBIT B I. RIGHT OF WAY FOR COUNTY ROADS 30 FEET ON EITHER SIDE OF SECTION AND TOWNSHIP LINES,AS ESTABLISHED BY THE BOARD OF COUNTY COMMISSIONERS FOR WELD COUNTY,RECORDED OCTOBER 14,1889 IN BOOK 86 AT PAGE 273. 2. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES.AS RESERVED N UNITED STATES PATENT RECORDED JANUARY 28, 1920,IN BOOK 511 AT PAGE 403,(PARCEL I) 3. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED SEPTEMBER 11, 1920,IN BOOK 595 AT PAGE 137.(PARCEL 1) 4. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED N UNITED STATES PATENT RECORDED MARCH 16,1922,IN BOOK 595 AT PAGE 473.(PARCEL I) 5. RIGHT OF WAY FOR GILMORE DITCH AS ESTABLISHED AND/OR USED. (PARCEL I) 6. RIGHT OF WAY EASEMENT AS GRANTED FOR TILE LINE IN INSTRUMENT RECORDED JUNE 04,1923,IN BOOK 710 AT PAGE 118.(PARCEL I) 7. . RIGHT OF WAY EASEMENT AS GRANTED TO WELD COUNTY N INSTRUMENT RECORDED JUNE 07,1939,IN BOOK 1046 AT PAGE 28.(PARCEL I) 8. UNDIVIDED 1/2 INTEREST IN AND TO ALL OIL,GAS AND OTHER MINERALS AS RESERVED IN DEED RECORDED DECEMBER II,1943,IN BOOK 1122 AT PAGE 589,AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. (PARCEL I) 9. UNDIVIDED 1/2 INTEREST N AND TO ALL OIL,GAS AND OTHER MINERALS AS RESERVED IN DEED RECORDED APRIL 28, (952,IN BOOK 1329 AT PAGE 560, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.(PARCEL 1) I0. UNDIVIDED 1/4 INTEREST IN AND TO ALL OIL,GAS AND OTHER MINERALS AS RESERVED IN DEED RECORDED MARCH 16, 1965,UNDER RECEPTION NO. 1458800 N BOOK 537,AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.(PARCEL I) I I. RIGHT OF WAY EASEMENT AS GRANTED TO POUDRE VALLEY RURAL ELECTRIC ASSOCIATION,INC.IN INSTRUMENT RECORDED JUNE 06,1972,UNDER RECEPTION NO.1591075 IN BOOK 669.(PARCEL I) (32283.3-40474535 DoC; I B-1 • 11111111111111111111111t1111111111111111111111111 3783409 08/01/2011 11,27A Weld County,CO 7 of 13 R 71.00 0 691.00 Steve Moreno Clerk&Recorder 12. RIGHT OF WAY EASEMENT AS GRANTED TO POUDRE VALLEY RURAL ELECTRIC ASSOCIATION,INC.N INSTRUMENT RECORDED JULY 21, 1972,UNDER RECEPTION NO. 1594047 IN BOOK 672.(PARCEL I) U. RIGHT OF WAY EASEMENT AS GRANTED TO POUDRE VALLEY RURAL ELECTRIC ASSOCIATION,INC.IN INSTRUMENT RECORDED NOVEMBER 24,1975, UNDER RECEPTION NO.1675369 IN BOOK 753.(PARCEL I) 14. RIGHT OF WAY EASEMENT AS GRANTED TO POUDRE VALLEY RURAL ELECTRIC ASSOCIATION,INC.IN INSTRUMENT RECORDED SEPTEMBER 06,1977, UNDER RECEPTION NO. 1729626 N BOOK 808.(PARCEL I) 15. RIGHT OF WAY EASEMENT AS GRANTED TO POUDRE VALLEY RURAL ELECTRIC ASSOCIATION,INC.IN INSTRUMENT RECORDED SEPTEMBER 06,1977, UNDER RECEPTION NO. 1729629 IN BOOK 808.(PARCEL 1) 16. RIGHT OF WAY EASEMENT AS GRANTED TO POUDRE VALLEY RURAL ELECTRIC ASSOCIATION,INC.N INSTRUMENT RECORDED NOVEMBER 21, 1978, UNDER RECEPTION NO..1773389 IN BOOK 851.(PARCEL I) 17. UNDIVIDED 1/3 INTEREST N AND TO ALL OIL,GAS AND OTHER MINERALS AS RESERVED N DEED RECORDED MARCH 29,1983,UNDER RECEPTION NO. 1921666 IN BOOK 992,AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.(PARCEL 1&2) IS. UNDIVIDED 1/3 LNTEREST IN AND TO ALL OIL,GAS AND OTHER MINERALS AS RESERVED IN DEED RECORDED MARCH 29,1983,UNDER RECEPTION NO. 1921667 IN BOOK 992,AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.(PARCEL I&2) 19. UNDIVIDED I/3 INTEREST IN AND TO ALL OIL,GAS AND OTHER MNERALS AS RESERVED N DEED RECORDED MARCH 29,1983,UNDER RECEPTION NO. 1921668 IN BOOK 992,AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.(PARCEL I &2) 20. RIGHT OF WAY EASEMENT AS GRANTED TO POUDRE VALLEY RURAL ELECTRIC ASSOCIATION,INC.IN INSTRUMENT RECORDED AUGUST 09, 1983, UNDER RECEPTION NO. 1936467 IN BOOK 1004.(PARCEL 1&2) 21. RIGHT OF WAY EASEMENT AS GRANTED TO NATURAL GAS ASSOCIATES IN INSTRUMENT RECORDED MARCH 13,1985,UNDER RECEPTION NO.2001736 N BOOK 1061.(PARCEL I) 22. RIGHT OF WAY EASEMENT AS GRANTED TO ASSOCIATED NATURAL GAS LN INSTRUMENT RECORDED APRIL 12,1988,UNDER RECEPTION NO.2137575 IN BOOK 1192.(PARCEL 1) i42244.3./w474s34.Doco B-2 11111111111111111111111 111111111111111111111111111111 ! 3783409 08/01/2011 11:27A Weld County, CO. B of 13 R 71.00 0 591.00 Steve Moreno Clerk 8 Recorder 23. MAP RECORDED NOVEMBER 17,1987 AT RECEPTION NO.2121382(PARCEL 1) 24. RIGHT OF WAY EASEMENT AS GRANTED TO POUDRE VALLEY RURAL ELECTRIC ASSOCIATION,INC.IN INSTRUMENT RECORDED DECEMBER 16, 1991, UNDER RECEPTION NO.2272293 IN BOOK 1320.(PARCEL 1) 25. RIGHT OF WAY EASEMENT AS GRANTED TO POUDRE VALLEY RURAL ELECTRIC ASSOCIATION,INC.IN INSTRUMENT RECORDED DECEMBER 26,1991,UNDER RECEPTION NO.2273195,2273196 AND 2273197.(PARCEL 1) 26. TERMS,CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED MAY 30,2007 AT RECEPTION NO.3479174.(PARCEL I) 27. RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM,SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED,AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES,AS RESERVED IN UNITED STATES PATENT RECORDED NOVEMBER 08, 1921 IN BOOK 511 AT PAGE 550.(PARCEL 2) 28. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED NOVEMBER 15, 1921,IN BOOK 511 AT PAGE 551.(PARCEL 2) 29. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED N UNITED STATES PATENT RECORDED AUGUST 31, 1893,IN BOOK 51 AT PAGE 229.(PARCEL 2) 30. UNDIVIDED 1/2 INTEREST IN AND TO ALL OIL,GAS AND OTHER MINERALS AS RESERVED IN DEED RECORDED OCTOBER I4,1958,N BOOK 1515 AT PAGE 97, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. II. RIGHT OF WAY EASEMENT AS GRANTED TO POUDRE VALLEY RURAL ELECTRIC ASSOCIATION,INC.IN INSTRUMENT RECORDED SEPTEMBER 06,1977, UNDER RECEPTION NO.1729628 IN BOOK 808.(PARCEL 2) 32. UNDIVIDED I/6 INTEREST IN AND TO ALL OIL,GAS AND OTHER MNERALS AS RESERVED IN DEED RECORDED MARCH 29,1983,UNDER RECEPTION NO. 1921666 IN BOOK 992,AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.(PARCEL 2) 33. UNDIVIDED 1/6 INTEREST IN AND TO ALL OIL,GAS AND OTHER MINERALS AS RESERVED IN DEED RECORDED MARCH 29, 1983,UNDER RECEPTION NO. (1Ls3r.aW1451l.D(%';il B-3 111111111111111111 IIIII{Illlrllll 111111 III 11111 Ill/llil 3783409 08/01/2011 11:27A Weld CounP/,CO 9 of 13 R 71.00 0 681.00 Steve Moreno Clerk&Recorder 1921667 IN BOOK 992,AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.(PARCEL 2) 34. UNDIVIDED 116 INTEREST IN AND TO ALL OIL,GAS AND OTHER MINERALS AS RESERVED IN DEED RECORDED MARCH 29,1933,UNDER RECEPTION NO. 1921668 IN BOOK 992,AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.(PARCEL 2) 35. OIL AND GAS LEASE RECORDED FEBRUARY 11,1980 UNDER RECEPTION NO. 1816542 IN BOOK 895 AND ANY AND ALL ASSIGNMENTS THEREOF,OR INTEREST THEREIN.(PARCEL 2) NOTE:EXTENSION OF THE ABOVE LEASE AS CLAIMED BY AFFIDAVIT OF PRODUCTION WAS RECORDED SEPTEMBER 17,1984 UNDER RECEPTION NO. 1981910 IN BOOK 1043.(PARCEL2) 36. ALL OIL,GAS,MINERALS AND OTHER MINERAL RIGHTS AS RESERVED IN INSTRUMENT RECORDED DECEMBER 16,1986,UNDER RECEPTION NO.2080879 IN BOOK 1138.(PARCEL 2) 37. PLAT RECORDED NOVEMBER 17,(987 AT RECEPTION NO.2121381 IN BOOK 1176(PARCEL 2) 36. TERMS,CONDITIONS AND PROVISIONS OF RESERVATION AND OBLIGATIONS N DEED RECORDED OCTOBER 16,1882 IN BOOK 36 AT PAGE 114. (PARCEL 3) 39. RIGHT OF WAY EASEMENT AS GRANTED FOR DITCH USE IN INSTRUMENT RECORDED JULY 24, 1905,IN BOOK 212 AT PAGE 205.(PARCEL 3) 40. RIGHT OF WAY EASEMENT AS GRANTED TO UNITED STATES OF AMERICA IN INSTRUMENT RECORDED FEBRUARY 23,1949,IN BOOK 1057 AT PAGE 252. (PARCEL 3) 41. ALL OIL,GAS,MINERALS AND OTHER MINERAL RIGHTS AS RESERVED IN INSTRUMENT RECORDED MAY 23,1986,UNDER RECEPTION NO.2054786 IN BOOK 1114.(PARCEL 3) 42. PLAT RECORDED NOVEMBER 17,1987 AT RECEPTION NO.2121383 IN BOOK 1176(PARCEL 3) 43. RESERVATIONS MADE BY UNION PACIFIC RAILWAY CO,IN DEED RECORDED FEBRUARY 25, 1889,IN BOOK 77 AT PAGE 489,PROVIDING SUBSTANTIALLY AS FOLLOWS:RESERVING UNTO SAID COMPANY AND ITS ASSIGNS ALL COAL THAT MAY BE FOUND UNDERNEATH THE SURFACE OF LAND HEREIN DESCRIBED AND THE EXCLUSIVE RIGHT TO PROSPECT AND MINE FOR ‘322113.!A0474535.DVC.I) BA I 11111111111111111 IlllllRlil II I111111 III 111111III 1111 3783409 08101/2011 11:2TA Weld County,CO 1D of 13 R 71.00 D 691.00 Steve Moreno Clerk 8 Recorder SAME,ALSO SUCH RIGHT OF WAY AND OTHER GROUNDS AS MAY APPEAR NECESSARY FOR PROPER WORKING OF ANY COAL MINE THAT MAY BE DEVELOPED UPON SAID PREMISES AND FOR TRANSPORTATION OF COAL FROM SAME.(PARCEL 4) • 44. RIGHT OF WAY EASEMENT AS GRANTED TO BEEBE CANAL IN INSTRUMENT RECORDED JANUARY I I,1910,UNDER RECEPTION NO.149820. (PARCEL 4) 45. RIGHT OF WAY EASEMENT AS GRANTED TO FARMERS RESERVOIR AND IRRIGATING CO IN INSTRUMENT RECORDED DECEMBER II,1914,N BOOK 406 AT PAGE 282 AND JUNE 24,1915 IN BOOK 417 AT PAGE 254.(PARCEL 4) 46. RIGHT OF WAY EASEMENT AS GRANTED TO TRIANGLE SEEP DITCHES IN INSTRUMENT RECORDED MAY 13, 1925,AT RECEPTION NO.461141(PARCEL 4) 47. RIGHT OF WAY EASEMENT AS GRANTED TO TRIANGLE RESERVOIR NO I IN INSTRUMENT RECORDED NOVEMBER 15,1940,UNDER RECEPTION NO.853341. (PARCEL 4) 48. OIL AND GAS LEASE RECORDED FEBRUARY 24,1972 UNDER.RECEPTION NO. 1585391 IN BOOK 663 AND ANY AND ALL ASSIGNMENTS THEREOF,OR INTEREST THEREIN.(PARCEL 4) NOTE:EXTENSION OF THE ABOVE LEASE AS CLAIMED BY AFFIDAVIT OF PRODUCTION WAS RECORDED JULY 24,1973 UNDER RECEPTION NO.1617918 IN BOOK 696. 49. RIGHT OF WAY EASEMENT AS GRANTED TO PANHANDLE EASTERN PIPELINE COMPANY IN INSTRUMENT RECORDED APRIL 11,1973,UNDER RECEPTION NO, 1611015 IN BOOK 689.(PARCEL 4) 50. RIGHT OF WAY EASEMENT AS GRANTED TO INDUSTRIAL GAS SERVICES NC IN INSTRUMENT RECORDED OCTOBER 23, 1973,UNDER RECEPTION NO. 1623402 IN BOOK 701.(PARCEL 4) 5 L PLAT RECORDED JANUARY 25, 1988 AT RECEPTION NO.2128940 IN BOOK 1183(PARCEL 4) 52. RESERVATIONS MADE BY UNION PACIFIC RAILROAD CO,N DEED RECORDED NOVEMBER 25,1887,IN BOOK 69 AT PAGE 542,PROVIDING SUBSTANTIALLY AS FOLLOWS:RESERVING UNTO SAID COMPANY AND ITS ASSIGNS ALL COAL THAT MAY BE FOUND UNDERNEATH THE SURFACE OF LAND HEREIN DESCRIBED AND THE EXCLUSIVE RIGHT TO PROSPECT AND MINE FOR SAME,ALSO SUCH RIGHT OF WAY AND OTHER GROUNDS AS MAY APPEAR NECESSARY FOR PROPER WORKING OF ANY COAL MINE THAT MAY BE (31233.3AbA4535.D000I B-5 I IN IIIif MIS Hal IIII IIIIII111lllill ill! • 3783409 06/01/2011 11:27A Weld County,CO 11 or 13 R 71.00 D 691.00 Steve Moreno Clerk 8 Recorder DEVELOPED UPON SAID PREMISES AND FOR TRANSPORTATION OF COAL FROM SAME.(PARCELS 5,14 AND 15) 53. ALL OIL,GAS,MINERALS AND OTHER MINERAL RIGHTS AS RESERVED N INSTRUMENT RECORDED APRIL 24,1946,IN BOOK 1179 AT PAGE 455.(PARCELS S, 14 AND 15) 54. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED SEPTEMBER 30,1911,IN BOOK 346 AT PAGE 189.(PARCEL 6) 55. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 07,1912,IN BOOK 359 AT PAGE 405.(PARCEL 6) 56. RESERVATION IN PATENT RECORDED JUNE 7,1912 IN BOOK 359 AT PAGE 405.(PARCEL 6) 57. UNDIVIDED 1/2 INTEREST IN AND TO ALL OIL,GAS AND OTHER MINERALS AS RESERVED IN DEED RECORDED JANUARY 23,1947,N BOOK 1196 AT PAGE 185, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.(PARCEL 6) 58. UNDIVIDED 1/4 INTEREST IN AND TO ALL OIL,GAS AND OTHER MINERALS AS RESERVED N DEED RECORDED FEBRUARY 23,1954,IN BOOK 1383 AT PAGE 33, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.(PARCEL 6) 59. UNDIVIDED 1/8 INTEREST IN AND TO ALL OIL,GAS AND OTHER MINERALS AS RESERVED IN DEED RECORDED MAY 24,1957,IN BOOK 1478 AT PAGE 336,AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.(PARCEL 6) 60. UNDIVIDED 1/8 INTEREST IN AND TO ALL OIL,GAS AND OTHER MINERALS AS RESERVED IN DEED RECORDED MAY 24,1957,IN BOOK 1478 AT PAGE 338,AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.(PARCEL 6) 61. UNDIVIDED I/2 INTEREST IN AND TO ALL OIL,GAS AND OTHER MINERALS AS RESERVED N DEED RECORDED NOVEMBER 03, 1943,N BOOK 1120 AT PAGE 49, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.(PARCEL6) 62. UNDIVIDED 1/16 INTEREST IN AND TO ALL OIL,GAS AND OTHER MINERALS AS RESERVED IN DEED RECORDED AUGUST 21, 1942,IN BOOK 1097 AT PAGE 538, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.(PARCEL 6) 63. RIGHT OF WAY EASEMENT AS GRANTED TO POUDRE VALLEY RURAL ELECTRIC ASSOCIATION,INC.IN INSTRUMENT RECORDED JULY 21, 1972,UNDER RECEPTION NO. 1594056 IN BOOK 672.(PARCEL 6) .32.283.3.A0474533 B-6 B-6 • 1111111111 Illllillllll IIII 111111 III 111111 III In 3783409 08/01/2011 11:27A Weld County,CO 12 of 13 R 71.00 0 691.00 Steve Moreno Clerk 8 Recorder 64. RIGHT OF WAY EASEMENT AS GRANTED TO POUDRE VALLEY RURAL ELECTRIC ASSOCIATION,INC.IN INSTRUMENT RECORDED APRIL 12, 1973,UNDER RECEPTION NO.1611085 IN BOOK 689.(PARCEL 6) 65. RIGHT OF WAY EASEMENT AS GRANTED TO POUDRE VALLEY RURAL ELECTRIC ASSOCIATION,INC.IN INSTRUMENT RECORDED SEPTEMBER 06,1977, UNDER RECEPTION NO. 1729630 IN HOOK 803.(PARCEL 6) 66. RIGHT OF WAY EASEMENT AS GRANTED TO POUDRE VALLEY RURAL ELECTRIC ASSOCIATION,INC.N INSTRUMENT RECORDED APRIL 14,1978,UNDER RECEPTION NO. 1750420 IN BOOK 828.(PARCEL 6) 67. RIGHT OF WAY EASEMENT AS GRANTED TO POUDRE VALLEY RURAL ELECTRIC ASSOCIATION,INC.IN INSTRUMENT RECORDED NOVEMBER 29,1982, UNDER RECEPTION NO. 1909897 IN BOOK 982.(PARCEL 6) 68. RIGHT OF WAY EASEMENT AS GRANTED TO POUDRE VALLEY RURAL ELECTRIC ASSOCIATION,INC.IN INSTRUMENT RECORDED FEBRUARY 09, 1983, UNDER RECEPTION NO. 1916953 IN BOOK 988.(PARCEL 6) 69. PLAT RECORDED FEBRUARY 17, 1988 AT RECEPTION NO.2I31135 IN BOOK 1 185(PARCEL 6) 70. RIGHT OF WAY EASEMENT AS GRANTED TO SNYDER OIL CORP IN INSTRUMENT RECORDED NOVEMBER 01,1991,UNDER RECEPTION NO.2263014 AND 2268015.(PARCEL 6) 71. RIGHT OF WAY EASEMENT AS GRANTED TO SNYDER OIL CORP IN INSTRUMENT RECORDED AUGUST 24,1992,UNDER RECEPTION NO.230107! AND MODIFICATION RECORDED AUGUST I5,1996 AT RECEPTION NO.2506625(PARCEL 6) 72. OIL AND GAS LEASE RECORDED FEBRUARY 21,1990 UNDER RECEPTION NO.2205864 AND ANY AND ALL ASSIGNMENTS THEREOF,OR INTEREST THEREIN. (PARCEL 6) 73. OIL AND GAS LEASE RECORDED FEBRUARY 21,1990 UNDER RECEPTION NO.2205865 AND ANY AND ALL ASSIGNMENTS THEREOF,OR INTEREST THEREIN. (PARCEL 6) NOTE:EXTENSION OF THE ABOVE LEASE AS CLAIMED BY AFFIDAVIT OF PRODUCTION WAS RECORDED APRIL 04, 1991 UNDER RECEPTION NO.2246080. 74. ALL OIL,GAS AND OTHER MINERALS LYING LN,ON OR UNDER SUBJECT PROPERTY AS CONVEYED IN INSTRUMENT RECORDED AUGUST 23,1991 UNDER RECEPTION NO.2260660.(PARCEL 6) paei.1.Ac4o4e3eixx:p B-7 • IIIIU11111111111161)11111111111111111111111111111111 3783409 08/01/2011 11:27A Weld County,CO 13 al 13 R 71.00 0 691.00 Steve Moreno Clerk&Recorder 75. RESERVATIONS BY THE UNION PACIFIC RAILROAD CO COMPANY OF:(I) ALL OIL,COAL AND OTHER MINERALS UNDERLYING SUBJECT PROPERTY,(2)THE EXCLUSIVE RIGHT TO PROSPECT FOR,MINE AND REMOVE OIL,COAL AND OTHER MINERALS,AND(3)THE RIGHT OF INGRESS AND EGRESS AND REGRESS TO PROSPECT FOR,MINE AND REMOVE OIL,COAL AND OTHER MINERALS,ALL AS CONTAINED IN DEED RECORDED SEPTEMBER 26,1907,IN BOOK 233 AT PAGE 115. (PARCEL 7) 76. RIGHT OF WAY EASEMENT AS GRANTED TO POUDRE VALLEY RURAL ELECTRIC ASSOCIATION,INC.IN INSTRUMENT RECORDED AUGUST 10, 1973, UNDER RECEPTION NO. 1619171 IN BOOK 697 AND NOVEMBER 7, 1977 AT RECEPTION NO. 1735340 IN BOOK 813.(PARCEL 7) 77. PLAT RECORDED JANUARY 25, 1988 AT RECEPTION NO.2128942 IN BOOK 1183(PARCEL 7) 78. TERMS,CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED DECEMBER 16, 1991 AT RECEPTION NO.2272228.(PARCEL 7) 79. RIGHT OF WAY EASEMENT AS GRANTED TO KERR MCGEE GATHERNG IN INSTRUMENT RECORDED OCTOBER 03,2003,UNDER RECEPTION NO.3113145 AND MODIFIED OCTOBER 3,2003 AT RECEPTION NO.3113146(PARCEL 7) 80. TERMS,CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED MARCH 10,2006 AT RECEPTION NO.3369615.(PARCEL 7) SI. TERMS,CONDITIONS AND PROVISIONS OF MEMORANDUM OF AGREEMENT RECORDED JULY 7,2008 AT RECEPTION NO.3564862.(PARCEL 1) 82. TERMS,CONDITIONS AND PROVISIONS OF SURFACE USE AGREEMENT RECORDED NOVEMBER 18,2008 AT RECEPTION NO.3590211.(PARCEL 1) 83. TERMS,CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED MAY 27,2011 AT RECEPTION NO.3770922.(PARCELS 1 AND 2) 84. TERMS.CONDITIONS,EASEMENTS AND PROVISIONS OF GRANT OF EASEMENT AS SET FORTH IN DEED OF DEDICATION RECORDED JUNE 23,2011 AT RECEPTION NO.3775311.(PARCEL I) 85. LEASE BETWEEN PLUSS LEASING COMPANY LLC,A COLORADO LIMITED LIABILITY COMPANY,LESSOR,AND BUTTERBALL,LLC,A NORTH CAROLINA LIMITED LIABILITY COMPANY,LESSEE,AS SHOWN BY MEMORANDUM OF LEASE RECORDED MARCH 25,2008 AT RECEPTION NO.3543432, tRAl.JA0474535.I C:11 B-8 • • WATER SUPPLY INFORMATION SUMMARY Section 30.28.133,14?, C.R.S. requires that the appkeant sohrnit to the County,'Adequate evidence that a water supply that is sufficient in tern et quantity, quality and dependability wi be evadable to ensure an adequate supply of water. 1. NAME OF DEVELOPMENT AS PROPOSED Da\/t, D u ff°alk" 2. LAND USE ACTION g L COl� ex e YK f t. 3. NAME OF EXISTING PARCEL AS RECORDED b 5 371- OD OO11 SUBDIVISION FILING BLOCK LOT 4. TOTAL ACREAGE 1(004/__ S. NUMBER OF LOTS PROPOSED 4 PLAT MAP ENCLOSED a/YES 6. PARCEL HISTORY - Please attach copies of deeds, data er other evidence or documentation. A. Was parcel recorded with county prior to June 1, 1972? 53 YES 0 NO B. Has the parcel over been part of a division of land action since June 1, 1972? 0 YES Er NO If yes,describe the previous action 7. LOCATION OF PARCEL- Include a map defmiatino the project area and tie to a section corner. 1/4 OF 1/4 SECTION 3Z- TOWNSHIP 4 N ❑ S RANGE b`C ❑ E 11 W PRINCIPAL MERIDIAN: 16TH 0 fi.M. 0 UTE 0 COSTILLA 8. PLAT • Location of all wells on property must be plotted and permit numbers provided. Surveyors plat 71 Yes 0 No If not, scaled hand drawn sketch 0 Yes 0 No 9. ESTIMATED WATER REOUIREMENTS • GallonsAcre per Day or Feet per Yew 10.WATER SUPPLY SOURCE • _.�__._._. ..._........_...._ ___..._._ ._.___...._ riC EXISTING 0 DEVELOPED � 0 NEW WELLS - r WELLS SPRING i PROMO)►ouer�,ta+Fat awe T HOUSEHOLD USE 1 of units 750 GPO AF WELL PERMIT NUMBERS c uumu a urru uurueor 4o7 C UMW eaMaw CORM M AME COMMERCIAL USE 1 of S.F. GPD AF C tenet oAwem C uaumm FOX MALI Dune( C Ducar~ OTC IRRIGATIONS 0. of acres GPO AF STOCK WATERING rf of head GPO AF 0 MUNICIPAL 0 ASSOCIATION i WATER COURT DECREE CASE NO.'S OTHER - GPO AF 0 COMPANY 0 DISTRICT TOTAL GPO AF NAME LETTER OF COMMITMENT FOR SERVICE D YES ❑ NO 11. ENGINEER'S WATER SUPPLY REPORT 0 YES ® NO IF YES, PLEASE FORWARD WITH THIS FORM. (This may he required Yeiere ear review s completed.) 12. TYPE OF SEWAGE DISPOSAL SYSTEM pc SEPTIC TANK/LEACH HELD 0 CENTRAL SYSTEM • DISTRICT NAME 0 LAGOON 0 VAULT - LOCATION SEWAGE HAULED TO 0 ENGINEERED SYSTEM (Attache copy of*wowing dismal 0 OTHER • State of Colorado Water Resources - View Well Details: Receipt 9058522 Page 1 of I Colorado Department of Natural Resources Colorado.ga+ I Contact Us 4.)IS.(:.lr!_) DiVidisOD a1 Colorado's Well Permit Search Well Constructed C Help-1 Last Refresh:11/7/2011 12:00:25 AM Receipt: 9058522 Division: 1 Permit ft: 607-- Water District: 1 Well Name/Y: County: WELD Designated Basin: Management District: Case Number: WDID: [-] Applicant/Owners History Date Range Applicant/Owner Name Address City/State/Zip Unknown-Present ROHLeR H L a PWSS FRANK RT 1 OX 221 'CEASES,CO 90644 [-] Location Information Approved Well Location: Q40 Q160 Section Township Range PM Footage from Section Lines SE NE 32 4.0N 64.0W Sixth Northing(UTM y): 4457900.7 Fasting(UTM x): 536751.7 Location Accuracy: Spotted from quarters Physical Address Subdivision Name City/State/Zip Filing Block Lot Parcel ID: Acres in Tract: [-] Permit Details Date Issued: Date Expires: Use(s): DOMESTIC AquiferLARMIE FOX HILLS Special Use: (s): Area which may be irrigated: Maximum annual volume of appropriation: 1 Statute: Permit Requirements: Totalizing Flow Meter Geophysical Log Abandonment Report No No No Cross Reference Permit Number Receipt Description Permit(s): Comments: [-] Construction/Usage Details Well Construction Date:12/21/1957 Pump Installation Date: Well Plugged: 1st Benefidal Use:12/21/1957 Elevation Depth Perforated Casing(Top) Perforated Casing(Bottom) Static Water Level Pump Rate 240 loo 25 Uc rr Name Address Phone Number Driller 73 CUMMINS,WAYNE 121 13TH ST GREELEY,CO 80631 303-352-2738 [-] Application/Permit History First Beneficial Use 12/21/1957 Well Constructed 12/21/1957 (-] Imaged Documents Document Name Date Imaged Annotated Oriainai File 12/07/2007 No Copyright©2009 Colorado Division of Water Resources.All rights reserved. Home I Contact Us I Help I Water Unks I Calorado.gov I DNR I Privacy Policy l Transparency Online Project(TOP) http://www.dwr.state.co.us/WellPermitSearchNiew.aspx?receipt=9058522 11/7/2011 � . ... — • • ._Farm D(Rev.) 'M` 9.-5145M , STATE OF COLORADO U 2rl yrr�1f WE DIVISION OF WATER RESOURCES �,v,"=I VI ID . OFFICE. OF THE STATE ENGINEER t -- GROUND WATER SECTION lxn n 1 41358 • T. LOG AND HISTORY OF WELL C G tf Xi • Z�• .¢ , - PERMIT NO. 607 STATE f ":':( R I Lie. 21.-.-1/4::‘;-f.„—.7.-tat Drilled by Cunning Well Workallo- 73 WELL LOCATIOI1 Owneryrank Pluas & Howard L. Rohl"; .. Ws,d County Address Rt. 1. Box 2,21 e, Aeraep. Dal n, me . -4 of_n_yof Sect.____ Tenant Twp. 4,5 , Rge._yam,FPM Used for Domnst;e LOCATE WELL ACCURATELY IN THE SMALL SQUARES REP- on or by In field * mi Intith nf hnuse PRESENTING 40 ACRES (description of site or land) N Date Started new a her id , 19_5,7 1 i Date Completed nrnamher 2t , 19-q i I Date Tested December 21 , 197 T --- ! Yield 28 gpTn cfs W 1- I 7t E 1 Pump type Turbine Outlet Size 9 I 1 . 1 1 Driven by 5PP W.leet. HP®RPM 2750 I 1 Depth to Water 100 Ft. Draw downl70 Ft. • ., j S Depth to Inlet 100 Ft.; Bowl 1Fr,Ft. If the above is not applicable Size and Kind of Casing: fill in: From p to my, Type A 5/RWt---12—lb. Town or Subdivision From,11:.it V to 240 Type open els _ From to Type Wt. Street Address or Lot & Block Perforations: Size and Type None Ground elevation From to _Type Size (if known) From to . Type Size How Drilled: From to Type Size Rotary Well description: Total Depth p4Q Ft. REMARKS (from 0 to 1t , Re in: Hole ( Cementing, Packing, Type of Diam.(from 119 to 240 , As in. Shut-off, Depth to Shut-off, etc. PUT LOG OF WELL ON RE- (from to in. VERSE SIDE i TO BE MADE OUT IN QUADRUPLICATE: Original Blue and Duplicate Green to State Engineer's Office, White copy to Owner, and Yellow copy to Driller • `• •• j(r e . LOG OF WELL ) ._��i (ADD SPACES AS NEEDED) • From 0 ft. to I5 . ft. sand . 15 ft. to ' 41 ft. clay • 41 ft. to 42 ft. cap rook' • 42 ' ft. to 47 ft. clay 47 ft, to 57 ft. sandstone • • 57 ft to 59 ft. sap rock 59 ft to 66 ft. sandstone 66 ft to 68 ft. shale 68 ft to 70 ft. coal .. 70 ft to 73 ft. shale 73 ft to 84 ft. sandstons 84 ft to 89 ft. shale 89 ft to 91 ft. eap rock 91 ft to 97 ft. coal 97 ft to 100 ft. sandstone 100 ft to 107 ft. shale 107 ft to 108 ft. coal 108 ft to 114 ft. shale • 114 ft to 116 ft. sandstone 116 ft to 123 ft. shale 123 ft to 125 ft. coal 125 ft to 230 ft. sandstone 230 ft to 240 ft. shale r LLY • • - . (5) THE LOCATION OF THE PROPOSED WELL end the area on (6) THE WELL MUST BE LOCATED BELQWI which the water will be used must be indicated on the diagram below. by distances from section tines:_ _ Use the CENTER SECTION (1 section, 640 acres)for the well location. + — 'F — ± — + — +' — + — _f- — + — 4 R00 _ft.from (north o±wuth) see-,. line •4----1 MILE,5280 FEET---.� I 1300 ft.from East Sec. linc (east or west) 1- + + + + + + + LOT BLOCK FILING r I I i + _ -1- _ NORTH SECTION LINE _ + _ SUBDIVISION n� + � I (7) TRACT ON WHICH WELL WILL BE I I I I I LOCATED NORTH u.L_ _ + _ _ + _ + + T- No.of acres DO . Will this be l z I l + + _O I m — ' the only well on this tract? No I y +. Le I o (8) PROPOSED CASING PROGRAM I z w Ir I Plain Casing + -♦•- ; - T - -an + T 8 in.from 0 ft.to 200 ft. I I Ix I I in.from ft-to ft. + -- + SOUTH SECTION LINE — --(- — -I. Perforated casing I I I I 7 7/8__in. from 200 ft.to 450 ft. + + + + 4 -4_ 4 -I- -4- in.from ft. to ft. I v$"r. ant L- :•4} H.10:t , . I I (9) FOR REPLACEMENT WELLS givedistance and direction from old well end plans for plugging +• — —(------(-- — + ..r —}- — + — + — -I— — —I— it: r ,I sc.. trs.,. The scale of the diagram is 2 inches a 1 mile 300 ft. south 9f old well. 4) Each small square represents 40 acres. Old well to be oluQQed with WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers I acre of lend 1 foot deep cement and clay 1 cubic foot per second(cfs)...449 gallons per minute(gpm) A family of 5 will require approximately 1 acre-loot of water per year. I acre-foot...43,550 cubic fat...325,900 gallons. . 1,000 ppm pumped continuously for one day produces 4.42 acre-feet. (10) LAND ON WHICH GROUND WATER WILL BE USED• Owner(s): Pluss Turkey Farm No.of acres: 3?0 Legal description: E - of Sec. 32, T. 4 N.. R. 64 W., 6th P.M. (11) DETAILED DESCRIPTION of the use of ground water: 70/.4,—) Primarily turkey wjtering and house water for (12) OTHER WATER RIGHTS sed on this land, including wells. Type or right Used for(purpose) Description of land on which used ;cleft )9/10;44211 / �7• r1�1a1e 4211 ref e / Turkey wateri ng F c of Soe a T. d N„y R_ 6A W `1- Z n E 2-t_ n•X se 6th (13) THE APPLICANT(S) STATE(S) 'THAT THE INFORMATION SET FORTH HEREON IS T UE TO THE BEST OF HIS KNOWLEDGE, ,�� 77,2,....,.." //2�y Molt/ SIGNATURE OF APPL ICANT(SJ `�/. Use additional sheets of paper if more space is required. Hy lq5 ' ' MId •I ' am STATE OF COLORADO 7-52/2.5M DIVISION OF WATER RESOURCES . z 'O 'FICE:OF THE STATE ;ENOINEER, GROUND WATER SECTION `DOMESTIC WELL !PERMIT . 'I'bie Permit, when properly completed, authorizes%a. �ji,�i4.4.44 i, Ci-04/4 w :'L-/ : ', Colorado, to ha9Q $ well constructed by . Aeof Ja ^'x.I a 1.o Licetse 'No., ",., Wei Size ' 7 O. ' tn„ Dep '7 th ft. tletripe'Sise r"""- in. to i/3` in ,. Perioratutt from ..m.0, " ft. .w:Ior.7 . ft. Casipg Size ..m.0,41•74:! !!...ti..,.;,::;;;...to .. ...s... .?,.. p LOCATION: NV et wt y •, 044, � . 1, ,j/, ` {yPl �'C 0 DIVISION o "WATER RESOURCES OFFICE OF THE STATE-EHGG'TNEER . To.be made:in Trip licate - White to 4Nner, State Oagineek Y.oillaw to File, Green card to Driller. ilk atl oriaad._1 'a# "; Form CD STATE OF COLORADO o ((� � '� II 7-57/2.5M DIVISION OF WATER RESOURCES �- OFFICE OF THE STATE ENGINEER, GROUND WATER SECTIOltEc 3 _1957 1.11GROUND WATER SECT. APPLICATION FOR PERMIT FOR A Do mesh C WELL COLORADO STATE ENGINEER Owner //4,1)17/11/ti /LL/SS can/ #oaJQN.1 tiE/der , Date 1/ 2? 19i7 P.O. Address i8-t / /30 X 2. Z-1 kerse t/1 C"-O p Request is made for the/ use of 2,5 g.p.m. of ground water for i/Cty(e31IC.- purpose(s). Size of hole 7 17 in. , for 70 ft. ; 5 Vy in., for /3 0 ft. Size of Casing 657C in. , for 7 ° ft.; C) in., for ft. Perforated from ft. , to ft. ; and ft. , to ft. Wt. of Casing /3 ; it/ft. SHOW LOCATION ON REVERSE SIDE Driller or User ,,./1/1.4-1,4A. J Driller's License No. %,J • • LOCATION OF WELL METHOD OF DRILLING toe Lo teo inRy County S_S1 -, NE 4 3 2 Sect. Remarks: Twp.�, Rge. 6(/W , 4*)p.M. N W ,1+i E _ 1 S - lir A 2`='7ie nV L+a 70 Cs�f "t ry . .. k we COUNTY HEALTH DEPARTMENT 7 D ®3r �i 15th Street and 17th Avenue P. 0. Box 1227 No. --3?f • Greeley, Colorado ' Application for Permit to Install, Construct, Alter or Repair Individual Sewage Disposal System. Own"?or Sponsor Address Phone f •...vo.�.4.7 ir-.0 J �nn tea/ , �t . 7 77, /3/ Address of Site! �'• ' .•a• y- `( 6 y Mailing Address c ie ros General Information ///�� Septic Tank I • 1. Living Units / 1. Liquid Capacity 00 h/N/ Gallons 2. No. of Bedrooms '5 2. Dimensions W L D 3. No. of Baths I 3. Material 4. Basement Drain 'win't- 4 4. Type Inlet 5. Automatic Dishwasher Type Outlet 6. Garbage-Disposal T 7. Automatic Laundry t�-L- 1 Secondary Treatment 8. Size of Lot 1 L. O k:'.; � a -C ' 9. Type of Soil s -' •` __ _ Field 2 75" Bed 31' r_ 10. Percolation Test i � / rend^; °A'1. No.of distribution lines 11. Water Supply1-2---e-< — 2. Trench: Width Length 12. Lot Grade 3. Type Filler Material 13. Water Table Depth 4. Depth of Filler Material 14. Other 5. Gravel Size ' '� _ 2 S-�7 8 et. C(O 6. Type Tile 7. Depth of Cover srstftits 8. Other The Permit is to remain in full force and effect for six (6) months from date, until revoked for non-compliance. This system will be constructed in accordance with the above specifications and regulations governing non- municipal sewage disposal systems, in accordance with Regulation_No. 1 of the Weld County Health De- partment. '' i t-14 Nit., : i Date: 4 d { /I` t ' 7 G APplicagt. �� ,_ ` o The plans and specifications as shown are approved, pending payment t fee. Sanitarian: Date: Nal Z, — o The above syste ins ted and found to comply with the plan and description. Installed bye /Jt't_ Dat Sanitarian: — PERMIT FEE $ O1 S r! .l' Received by 1' ,- '<��'- �-f Date ,(- - 1 /0 • Please use reverse side for Plot Plan o use separate sheet of paper. —ST— p` 1 + • • Scanning Cover Sheet for Septic Permits Permit # G19700414 Permit Type: Health/EHS History/EHS Conversion History Situs Street Address 25778 CR 40 Situs City, State, Zip • Sec/Town/Range: 32-04N-64W Application Status: Finaled Application Date: 03/11/1996 Parcel # (12 digits) 105332000011-R4287186 Owner Full Name: PLUSS TURKEY FARMS Owner Address: KERSEY CO KERSEY,CO 80644 Owner Phone #: 303 7760449 Contact Name: Contact Address: Contact Phone# Information above has been Verified in Accela by employee noted below X May 13, 2009 . Processed by: Date Report ID: EHS00024v003 Page 1 of 1 Print Date-Time: 5/13/2009 1:57:11 PM /1 � Y , � - ;�r j4; • • Y • 69 ///7 WELD COUNTY HEALTH DEPARTMENT 15th Street and 17th Avenue 1/4-?/N4-3P. O. Box 1227 No. Greeley, Colorado Application for Permit to Install, Construct, Alter or tepai Individual Sewage Disposal System. Owner Qyl yr. lv+e�+� a L I m. h 6. Phone L I �� r..�+V Address of Site &, Nf�t 3 6 / Mailing Address no.i / 4.Ca, General Information Septic Tank - 1. Living Units /� 1. Liquid Capacity 700 Gallons 2. No. of Bedrooms 2. Dimensions W T. D 8. No. of Baths 13 8. Material 4. Basement Drain 4. Type Inlet ' 5. Automatic Dishwasher -M--O Type Outlet 6. Garbage Disposal Er 7. Automatic Laundry Secondary Treatment 8. Size of Lot C9 A C et.J 9. Type of Soil fl Air AL_. _ Field 3`fS'— Bed 3 Y S 10. Percolation Test I 1. No.of distribution lines 11. Water Supply' • (�� 2. Trench: Width Length 12. Lot Grade S'�P��y 13. Water Table Depth Iv-.!. 3. Type Filler Material 14. Other 4. Depth of Filler Material 5. Gravel 1 C.71 F . CO 6. Type T Size Tile 7. Depth of Cover 8. Other 3 .�r The Permit is to remain in full force and effect for six (6) months from date,until revoked for non-compliance. This system will be constructed in accordance with the above specifications and regulations governing non- municipal sewage disposal systems, in accordance with Regulation No. 1 of the Weld County Health De- partment. C� o f Date: , (—I 3-67 / Ap scan p _ The plans and specifications as shown are approved, pending payment of 't fee. ` Sanitarian: "" 9✓� r` Date: 11/MM/ . The above system in and found to comply with the plan and description. ll Installed by ernfn Date: e v Sanitarian: e PERMIT FEE $ O1 a / r/ _ Received by Date Please use reverse side for Plot or use separate sheet of paper. VVV awCcur .4190 nusuxa 1 -..Y I S Scanning Cover Sheet for Septic Permits Permit # G19691117 Permit Type: Health/EHS History/EHS Conversion History Situs Street Address 25778 CR 40 Situs City, State, Zip Sec!Town/Range: 32-04N-64W Application Status: Finaled Application Date: 03/11/1996 Parcel# (12 digits) 105332000011-R4287186 Owner Full Name: PLUSS TURKEY FARMS Owner Address: KERSEY CO KERSEY,CO 80644 Owner Phone #: 000 0000000 Contact Name: Contact Address: Contact Phones Information above has been Verified in Accela by employee noted below x May 21, 2009 Processed by. Date Report ID: EHS00024v003 Page 1 of 1 Print Date-Time:5/21/2009 1:14:16PM - WELD COUNTY HEALTH DEPARTMENT 17'—r il 1516 Hospital Road Permit No. D Greeley, Colorado PH. 353-0540 Application for permit to install, construct, an Individual Sewage Disposal System. Owner �� ( { ;j S �(.l,� k � c i .r w) Address27 5o2O cu e,e Ai 0 Phonel 'tt • ' Directions to site: Hwy J Rd. N mi, E mi, S mi, W mi Q55a0 Hi Cr:. 140 Legal Description: Ptn. Sec. 3Q ,T /�L N, R64 W, Sub. LotBlk General Information ''// -Dept. Use Only I 2 No. Bedrooms „ No. Persons T Perc rate (avg. Rf 3) 1 �4W No. Baths / Basement Plumbing/(/fi/7 C. Soil Type (�tidw'r�� Size of Lot $aO c20 Yes H20 Table Depth J H2O supply (If well give depth) idled " /Lee, ' Lot Grade { 0...:-_-_\ New New Home Mobile Home ! Modular Add'n Engineer Design Yes Type of sewage disposal requested: If YES-reason: Septic tank)," Privy Other Comments: This is to certify that the system is NOT within 400 ft. of a public sewer. .4 I Installation instructions: (Minimum Requirements)Septic Tank 1/OS) Gals.Gals. Absorption Trenches tJ -0 Sq. Ft. Other or Special Instructions Seepage Bed 43 v Sq. Ft'. This system will be constructed and installed in accordance with the above specifications and regulations regarding individual sewage disposal systems in Weld County, Colorado. This permit shall expire at the same time as the building permit, or, if no building permit is issued, the permit shall expire 120 days after its issuance if construction has not been commenced. ` • \ Date: Lli .14 4. I j. /9 7/ Ownera ../�//_ e/ 2.1.e./....-... .. .. Applicant: The plans and specifications as shown are approved pending payment of perm t fee. Date: '7 /( 0 19Sanitarian: !!! ��The above system inspected and found to comply with plan and description. Systems Contractor: F Date: 1 -13 - 77, - '\ /Sanitarian: i�w“(D v'— --., Engineer Review: (Date) (Signature) J ua Permit Fee: $ /5 Received by: _ ,. J p; / .`(. .['.G— Date: (. _ .J t .' 7i • • U tiro: 17e I - - ---r- 1 1i 1 i � l ,2, 37 lot - Vy rig • Scanning Cover Sheet for Septic Permits Permit # G19790176 Permit Type: Health/EHS History/EHS Conversion History Situs Street Address 25520 CR 40 Situs City, State, Zip Sec/Town/Range: 32-04N-64W Application Status: Finaled Application Date: 03/11/1996 Parcel # (12 digits) 105332000010-R4286986 Owner Full Name: PLUSS TURKEY FARM Owner Address: 25520 WCR 40 KERSEY,CO 80644 • Owner Phone #: 303 2846453 Contact Name: Contact Address: Contact Phone# Information above has been Verified in Accela by employee noted below x January 23, 2009 Processed Date Report ID: EHS00024v003 Page 1 of 1 Print Date-Time: 1/23/2009 1:44:19PM Hello