HomeMy WebLinkAbout20111323.tiff SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW (USR) APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT#/AMOUNT# /$ CASE#ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
Parcel Number 0 8 0 3 3 1 _ 2 _ 0 0 . 0 0 9
(12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us)
Legal Description see attached sheet , Section 31, Township 6 North, Range 65 West
Zone District: AG , Total Acreage: 127.3 acres Flood Plain: partial , Geological Hazard: no
Airport Overlay District: yes
FEE OWNER(S) OF THE PROPERTY:
Name: Rex and Sharon Hiner(RM Hiner Construction Company Inc.)
Work Phone# (719)336-3467 Home Phone# Email rmhpipeconst@hotmail.com
Address: 11 Austin Road
Address:
City/State/Zip Code Lamar,CO 81052
Name:
Work Phone# Home Phone# Email
Address:
Address:
City/State/Zip Code
Name:
• Work Phone# Home Phone# Email
Address:
Address:
City/State/Zip Code
APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany applications signed by Authorized Agent)
Name: MrkeSare Jim Arnold 970/388-3647 cellphone J (' .rnoir) •+i W oLtJ 4j'OO•Coil
Work Phone# (303)Si 13534 Home Phone# 970/506-4182 Email •"11-.4'"•••••••..--.. -
Address: 7300 C.Arapaho Road 1810 85th Avenue Court ?iO 5, LO;t// w S 1tn&str G()
Address: A0c2/°
City/State/Zip Code Eentertn4alrEee6142 Greeley Colorado 80634
PROPOSED USE:
additional recreational sites for campers and water skiers
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 ( ling th t signatory has to legal authority to I n for the co oration.
-e>� 2/28/2011 ('�Q)1 ( � �J( PLL\ 2/28/2011
Ignatu e: Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date
• EXHIBIT
2011-1323 a
r\ov JO CUSU d : 1brn nr Lrl8tfJt I rHA p. 5
SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
•
REVIEW(USN)APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT S/AMOUNT I n CASE*ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED: _
Parcel Number 0 8 0 5 . 3 6 . 1 _ 0 0 . 0 0 9
(12 MO numbs found entail I.0.Wenndbn,°brrirdail M Weld Crony Awnoes 0d¼ ,a 2:62akanid cum)
Legal Deseriptbn see attached sheet , Section 36 Township 6 North, Range66 West
Zone Dlsirict: AG Total Acreage: 32 . Flood Plain: On . Geological Hazard: no
Airport Overlay Depict no
FEE OWNER(S)OF THE PROPERTY.
Herne:Round Thy"Hinsr ( !liOtt gM GevlstrUthisn Cu lntr.)
Work Phone♦ 719'336' T Home Phone* Email
Addrsea t l AOsttn Reed
Address:
Cky/State/Zlp Code Iamar,CO{1092
Name:
Work Phone* • Home Phone a Email
Address'
Address,
City/State/Zip Code
Name:
Work Phone a Home Phone* Email
• Address:
Address
CitymtaWZip Code
APPLICANT OR AUTHORIZED AGENT fmos*Now AtSlariueon moat OCONI7Pmfly cal iatins stood by Authorized Agin°
Name Mike Ban
Work Phone a 303-5I3-»fl Home Phone a Email mikebe'We?naa.com
Addraas: 7900 E.Arapahoe Road
Address:
Clty/StatNZIp Code Centennial,CO 80112
PROPOSED USE'.
recreation and water ski lakes with tampers and boats
I (We)hereby depose and stab under penalties of perjury bit 0 eOstemants, proposals,andlor plans submitted
with or contained within the appliaton are true and correct to the bat of my(our)knowledge. Bienniums of all
fee owners of property must sign th4 application, If en Authorized Agent signs,a letter of authorization from all
fee miens must be included with the appeeetlon. N e corporation is the fee owner. notarized evidence must be
In Indioat Bui the sIgnatorx has t legal sulhdrity to sign for the corporation.
U1JI� iti 4`l o
rates Owner or Authorized Agent Data Signature: Owner or Authorized Agent Date
•
170 39t1d I OD 1SNOD 213NIH W 6 T£099££6TLT 80:9T 0TaZ/6T/TT
• V 820•4 ,, KETT 8`h ERLINGSTREET, BUTHERUS & NORTON ENGINEERS
J GREELEY, CO 80631
ENGINEERS 970-395-9880
970-395-9881 FAX
MEMORANDUM
TO: Mr. Kim Ogle DATE: March 3, 2011
Weld County - Planning PROJECT NO. 10025
1555 N. 17th Avenue FROM: Melanie Foslien
Greeley, CO 80631 PAGES: 2
PHONE: 970-353-6100 x 3549 FAX: 970-304-6498
SUBJECT: Amended USR #1075 —Addendum to Questionnaire
Kim,
This is an addendum to the Questionnaire for Amended USR #1075— Hiner Recreation Lakes that is
currently under review by the County.
There will be two camping areas for the South Lake members. One area is located between the
extended North 23`d Avenue (mining road) and the west side of the North Lake. This camping area
• would consist of 7 sites. The second camping area for the South Lake members is located west of the
extended North 23rd Avenue. This camping area would consist of 10 sites. The typical size for both sites
is 75' long x 30' wide. For the west camping site, there will be two (2) community fire pits, two (2)
portable toilets and a trash dumpster. Each South Lake camping site could have:
• Automobile, recreational vehicle, camper or tent
• Enclosed storage shed or trailer
• Deck or outdoor carpet (carpet must be anchored as not to allow it to moved by wind)
• Horse shoe pit
• Fire pit and firewood (firewood must be in organized pile or stack)
As with the North Lake sites, all items must be in the Members designated spot and remain in an
organized manner. If a member has guests, they must be able to park in the Member's designated area
or guest parking area, and not impede or affect access roads, other member's areas or the overall
functionality of the lake property. All items must be secure and not able to be moved by excessive wind.
An additional parking area for guest vehicles or boat trailers, and an area for boat/shade covers will be
located north of the west South Lake camping area.
Access to the South Lake and west camping area will be via the main/emergency access located at the
northeast corner of the property. Members will then drive south and west along the south lake access
road. Access to the site will not be allowed from North 23rd Avenue due to traffic from current mining
operations.
Sincerely,
• Melanie Foslien
If you have any questions or comments regarding the above information please give us a call. Thank you.
■l , KETTERLING, BUTHERUS & NORTON ENGINEERS
• ,
820 8th STREET
, GREELEY, CO 80631
ENGINEERS 997700--339955--99888801
FAX
TRANSMITTAL
TO: Mr. Kim Ogle DATE: March 3, 2011
Weld County - Planning PROJECT NO. 10025
1555 N. 17th Avenue FROM: Melanie Foslien
Greeley, CO 80631 PAGES:
PHONE: 970-353-6100 x 3549 FAX: 970-304-6498
SUBJECT: Amended USR #1075 — Hiner Recreation Lakes
The items being transmitted are:
❑ For Your Approval ❑ As Per Your Request
❑ For Your Information ❑For Your Signature
® For Your Review/Comments ❑Other
•
Kim,
Please find attached the following information for the Amended USR #1075 — Hiner Recreation
Lakes for your review and comment:
• Two (2) original signed Site Specific Development Plan and Use by Special Review
applications (one for each property)
• Four (4) copies of the Addendum to the Questionnaire
• Four (4) copies of the request for permission to operate
• Four (4) copies of the revised Site Plan, dated March 3, 2011
The Hiner's would like to continue to have the concrete and asphalt batch plant option. The
possible location of the future plant is noted on the Site Plan. It is our understanding that, given
the location of the batch plant in the 100-year floodplain, the operator of the plant will have to
run a flood surface analysis. Since we don't know the quantity or location of the future material
stockpiles, we cannot accurately model the floodplain at this time.
You should have received an e-mail on February 18th with attachments containing the signed
affidavits of the surrounding property owners.
I will also e-mail you the electronic copy of the Site Plan for your use.
•
If you have any questions or comments regarding the above information please give us a call. Thank you.
Li
• ENGINEERS
March 3, 2011
Mr. Kim Ogle, Planner III
Weld County Planning Department
1555 N. 17th Avenue
Greeley, CO 80631
RE: Amended USR #1075 — Hiner Recreational Lakes
Dear Kim,
This is a request for USR #1075 (Hiner Recreation Lakes) asking for permission to operate
while the submittal is under amendment review.
The original USR stated that there would be six (6) recreational camping sites in use. Our
client is asking for an additional thirty two (32) sites in the amendment, and that these sites
be available for use starting April 1, 2011 during the County's review process.
Improvements to the site during this review period would include grading, road work, dirt
work in the areas of camping developments, adding site markers, grass and weed
• maintenance, and trash removal.
Our client and his tenants agree to comply with the permit application, Weld County
regulations, and ski club rules and regulations.
Sincerely,
Melanie Foslien
•
Ketterling, Butherus & Norton Engineers, LLC.
820 8th St. / Greeley, Colorado 80631 / ph 970-395-9880 / fax 970-395-9881
AMENDED USR #1075
• HINER RECREATION LAKES
QUESTIONNAIRE
1. The original site specific development plan and special review permit#1075 allowed an
asphalt and concrete batch plant, an oil field construction business, and a recreational
facility.
The proposed use of the property will continue to have an asphalt and concrete batch plant,
an oil field construction business, and a recreational facility. The owner would like to amend
the USR to add additional storage capabilities on the property, more spaces for lake
members to use the recreational facility and aggregate mining operations.
The recreational lake facilities would include up to 21 existing and future sites on the north
lake (outside the 100-year floodplain) for members wanting to water ski. Water skiing would
be allowed on both lakes during daylight hours. No campers, recreational vehicles, tents,
campsites or storage (other than securely anchored boat docks and boats tied to docks) will
be allowed in the 100-year floodplain during non-daylight hours.
The following would be allowed at each site on the North Lake:
• Automobile, recreational vehicle, camper or tent
• Boat and trailer
• Enclosed storage shed
• Deck or outdoor carpet (carpet must be anchored as not to allow it to moved by wind)
• Horse shoe pit
•
• Fire pit and firewood (firewood must be in organized pile or stack)
• Boat dock with anchors
• Boat storage cover with anchors
• Shade cover with anchors
All items must be in the Members designated spot and remain in an organized manner. If a
member has guests, they must be able to park in the Member's designated area or guest
parking area, and not impede or affect access roads, other member's areas or the overall
functionality of the lake property.
All items must be secure and not able to be moved by excessive wind.
2. This request for amending the existing USR#1075 is consistent with the current USR,
and the intent of the Weld County Code, Chapter 22 (Comprehensive Plan).
3. The property under consideration for amending the current USR is zoned Agricultural.
This proposal is consistent with the intent of the Weld County Code, Chapter 23 (Zoning)
because it fosters the County's business, mining and other economic bases, conserves the
value of the property, and encourages the most appropriate use of this property. This
property will be mined for aggregate, while utilizing the lakes created by the mining for
recreational purposes.
4. The surrounding uses include agriculturally zoned residential homes adjacent to the far
northwest corner of the property, agricultural farm land to the north, Weld County Business
•
Park to the north and east, agricultural zoned property to the south and heavy industrial
zoned property to the west that are also used for mining aggregate and "bone yard"
equipment storage.
1
5a. The number of people who will use this site will vary. There will be a total of 21 sites
• available in the future. Each site can have a maximum of 12 people at any time, and a
maximum of 3 additional guest vehicles. Additional guest parking will be available for each
lake.
5b. There will be a lake manager; however, the manager will not be on-site at all times.
5c. From April 1 through September 30, boats could operate from 7:00 am to 10:00 pm.
Quiet hours will be from 10:00 pm to 7:00 am. From October 15 through February 15, the
area is open to hunters. Hunting blinds will be stored outside the 100-year floodplain during
ski season.
5d. Structures that can be erected (built) on the site include boat storage structures, boat
docks, decks, storage sheds, fire pits, horseshoe pits, shade covers, hunting blinds.
5e. Animals will be allowed on the site, but must be leashed or under positive control at all
times, and remain at individual sites unless under control of the pet owner.
5f. Types of vehicles allowed include boats on trailers, passenger cars, pickup trucks,
recreational vehicles, campers, golf carts, small utility vehicles (mules), semi-tractors, trailers,
trucks, and a variety of construction and mining equipment. The type, size, weight and
frequency of trips will vary for each vehicle.
5g. Union Colony Fire Protection District will provide fire protection.
5h. There will be no domestic or irrigation water provided for this site.
• 5i. There will be portable toilet facilities located around the lakes (typically 1 porta-potty per 4
sites) during the boating season (April-September). These facilities will be emptied on a
weekly basis. RV's that have their own indoor facilities will use off-site dump stations to
eliminate their wastes.
5j. Items that can be stored on-site include "bone yard" equipment from the oil field
construction business and mining operations, pipe, vehicles, trailers, boat storage covers or
carport, boat docks, shade covers, recreational vehicles, campers, storage sheds, picnic
tables, and hunting blinds.
6. There will not be any additional landscaping installed.
7. There will not be any reclamation procedures when the termination of USR activity
occurs.
8. Storm water drainage will typically drain into the existing lakes, or infiltrate into the
ground. Any stormwater released off-site will be minimal.
9. There are existing recreational sites, with more to be built in the future. Typical
construction at a recreational facility will last approximately 2 weeks. No landscaping is
anticipated.
10. Storage of items will occur in several locations around the project site, including at each
• recreational site, around the north side of the north lake and in various sites away from the
lakes for"bone yard" items and equipment, all outside of the 100-year floodplain. Trash
dumpsters will be provided at various locations around the lakes.
2
now I. CULL; II9arn Mr LHb NJLi rHR P• 4
FLOOD HAZARD DEVELOPMENT PERMIT(FHDP)APPLICATION
FOR PUBLIC WORKS DEPARTMENT USE OATS RECEIVED:
RECEIPT/AMOUNTS IS_ CASE a ASSIGNED:
APPLICATION RECEIVED BY PUBLIC WORKS REVIEWER j
Pares Number:_0_,Ii_jj--Z_-3 _ ( - 1LQ..o_.Qg
(t2 Go;%mew-hum on Ti,,r a,Mbnnioor,sminwea ins was county ham ea ONce crveya co rate iris.
Waterway Name:C4r.MjA Ppud_rat RlverFICod Insurance Rate Map(F,RM) Pane;f ONO226 C.- (oT .
Legal Description c et, ak ctr p-eti _, Section SQ, Township 4 North. RarigeW ,VVest
FEE OWNER(S)OF THE PROPERTY:
Name Re)( avA. RI/W.rni +hvkw (+Edney 2M_((a,vl-±rI4chtt1 CP Iry
Work Phone• 1 t' 336-34(a HomaphonP 0 Emma Address__
Street Address:_mil Ir'u4fi4 C.A CA
K
City!State/tipCode Laynar CC A1O52 ""—_,,� ,—, —
APPLICANT OR AUT,kkIORIZED AGENT raw as Avwarteaaan Mull eaiarnPanr wt rppo.hre eras or auema..d area
Name AAIVs Y3401-
Work Phone ft"40,4 S(4- S Mime me Phone N Email Address TV i ti-e WA rid; 4 c1 r 311100 l0 t I. Co
Street Address:,7300 e9�0-• I°OA�
City/State/Zip Code Ce vs ton a / G B 01 12
1. General Description of Proposed Development: (Please check all that apply)
. Residential Non-Residential Me ed of Mobile Horne
D New Construction 0 New Conteuction O On Single Lot
O Addition or Improvements 0 Addition or Improvements C In Mobile Home Park
❑ In Subdivision 0 Fill Material C Fi.l Meteral
0 Fill Material 0 Watercourse Alteration C in Mobile Horns S ibdivisIOn
01,W '42inteak►ened vs.bAd;.S gtvl butt Ce,1d-er i4DveYS
2. Ertel Narrative Description of Proposed Development ascei itln Albeit' of RI; s if-e.c
3. Property located in designated FW(Floodway)District? Yee_w No h. _Of yes. Certification and
engineering calculations shall be provided bye registered Professional Engineer(RE.)that the property use or
structure,when built,will not cause any increase m floodwater levels during en Intermediate regional Rood
(100-year Rood)and will not limit or restrict the flaw capac!ty of the?beastly.)
4 Is the located In a designated FP-' (100-yr Floodpiain)or FP-2(500-yr Flcodplaln)District?
Tor NO
$$nature:Owner or Authorized Agent Date Signature.Owner or Authorized Agent Date
(if en Atdtonted kern erne a leer of sathofaatbn horn es Me bents must be included with ins applimem.I?a corporstlon N tee M ynner,
naeroed evidence must bobtailed showMg the signatory hn b boar eutno,by ro clan lot tie contain can. I
Updated 014 l-1dot 6
•
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Hiner Recreation Lakes North & South
• 2011 Rules and Regulations
The following rules and regulations apply to all Lake Members, Shared Memberships, their Family
Members and Guest (hereinafter called the Lake Member, Members or Shared Membership)
The Lake Member shall acknowledge and agree in writing, by affixing their initials on pages one (1)
through Twelve (12) and signature(s) on page Thirteen (13), their approval of these rules, regulations and
the HOLD HARMLESS clause on page Twelve (12) of this agreement. ALL PAGES MUST BE
INITIALED BY ALL ADULT MEMBERS, THE SIGNATURE PAGE SIGNED AND ALL PAGES
MUST BE RETURNED TO LAKE MANAGEMENT before you are allowed to occupy the lake during
the boating season each year. Members must send all membership payments and documentation as
instructed either in writing by mail, email or facsimile. All members are hereby notified that email will
be the primary form of communication from lake management. It will be the lake member's
responsibility to inform lake management of a correct email address to receive correspondence, notices
and documentation.
The Member, for themselves, family, guests, and invitees, ASSUMES ALL RESPONSIBILITY AND
LIABILITY and agrees to hold Jim Arnold (Leaseholder), Lake Management and its principals,
employees, and Rex Hiner (Property Owner) absolutely and totally harmless from any and all actions
nd potential liability assumed or implied of any form or type.
1. South Lake Rules and Regulation Exceptions: The following will be exceptions to the Rules
and Regulations set forth in section two (2)through (12) of this agreement. If there is a conflict between
the Rules and Regulations in section two (2) through (12) and Section One (1) South Lake Rules and
Regulations Exceptions, this section one (1) of the South Lake Rules and Regulations shall be in force
for the South Lake Operations and any and all parts of the Hiner Recreation Lakes North & South
property that are in the flood plain as designated by FEMA and Weld County Colorado.
A) Day Membership Only: The South Lake will be a Day Ski Membership only operation. There
will not be any overnight camping or parking of any kind in the designated South Lake Members
spots or anywhere within the Flood Plain Area.
B) Hours of Operation: The South Lake Members may use their Designated Spots from hours of
Dawn to Sunset. All members must have all their Vehicles of any kind, RV's, Campers, Boats
(except as mentioned in paragraph 1-E), Boat Trailers and Storage Trailers off the South Lake
Property and outside the Flood Plain Area no later than One (1) Hour after Sunset. Any member that
is still on the South Lake Property and within the Flood Plain Area one hour after Sunset will have
their Membership terminated immediately.
0
C) Acceptable Items to be left all Season: The following items may be left at the South Lake
Members Designated Spot on a permanent basis for the Boating Season: Fire Pit, Fire Wood, Horse
Shoe Pit, Boat Dock in the Lake as long as it is Anchored to the Shore . •
D) Unacceptable Items to be left overnight: The following items MAY NOT be left in your
designated spot or in the Flood Plain area: Vehicles of any kind, Campers, RV's, Boats (except as
mentioned in paragraph 1-E), Boat Trailers, Storage Trailers, Decks, Carpet laid out in your spot,
Picnic Tables, and any personal items or camping gear of any kind.
E) Boats Left in Water Overnight: You may be allowed to leave your boat in the water as long as it
is tied and secured to your dock and also the shore. This may be done only if you are planning on
coming back to use the lake and your boat the following day. You will not be able to leave your
boat in the water long term or the entire boating season. Your Boat Trailer must be parked in the
designated storage area.
F) Portable Toilets and Trash Service: Trash Service and Portable Toilets will be provided but must
be place in a designated area outside the Flood Plain area.
2. Colorado Boating Statutes and Regulations: All Members must know current Colorado boating
statutes and regulations. These statutes and regulations apply to the use of watercraft and floatation
devices as well as the use of the Lake Facilities and Property. These state statutes and regulations are
minimum requirements and the Leaseholder also calls to your attention the fact that fishing licenses are
required and associated laws and regulations issued by the State of Colorado are in effect on the "Hiner
Recreation Lakes North & South" •
3. Boats and Ski Course: All members must boat with Inboard Ski or Wakeboard Boats ONLY unless
approval is granted by Lake Management to use another type of boat. NO JET SKIS OR OTHER
POWERED WATERCRAFTS ARE ALLOWED AT ANY TIME.
If permission is granted to use another type of boat the member is NOT ALLOWED to use the Slalom
Ski Course without using extreme caution. Any damage caused by a member using the Slalom Ski
Course will be the member's responsibility and expense to repair quickly and without delay. This
includes Ski Balls, Bungees, PVC Parts, Main Line and any other parts of the course. If something is
broken by a member, please fix it. If it is something that is in need of replacement or repair, please let
Lake Management know and it will be taken care of.
4. Boating Season: The Ski Club Season shall commence on April ls` and end or close on September
30th every year unless you are notified in writing of any change by Management or the Leaseholder.
At no time are any members allowed to come up to their site and perform work or maintenance before or
after the aforementioned dates in this section. Members are allowed to come to the lake during the off
season and check on your campers, boats, storage trailers and covers that are parked at the storage area
and your site at the lakes. If there are any Hunters or Fisherman at the lakes please do not disturb them,
cause any disturbance or interfere with their activities. If any Hunters or fisherman are present
during the offseason,you are not allowed on the lake property, NO EXCEPTIONS. •
2
5. Insurance: All boats must have general liability insurance limit of no less than $500,000.00
liability per occurrence and $1000.00 medical payments per person for each occurrence.
Insurance must be in the name of the member(s) and afford coverage to the member, their family
• and anyone else that may operate the boat. A copy of proof of valid insurance coverage from your
insurance company for the entire season must be provided when you apply for or renew your
annual membership. If the member's boat insurance renews during the boating season it is the
member's responsibility to send a copy of the renewal to the Lake Management.
6. Membership in the "Hiner Recreation Lakes North and South" : Membership is required to boat on
the lakes during the boating season. A membership consists of a member's immediate family (Husband,
Wife, Partner and Children) or a Shared Membership if identified as such and approved by Lake
Management upon joining the lake. Shared Membership may consist of a Family as stated above plus
an additional TWO Adults, and Children under the age of 18. Children under the age of 18 are not
considered adult members. Any child under the age of 18 is the responsibility of the adult members and
should be supervised at all times. Anyone that is not a husband, wife, partner or child of the member(s)
are considered guest of the member(s).
Only one permanent camper, storage trailer and boat cover will be allowed per Membership or Shared
Membership. Any additional camper (for Shared Membership purposes) may be stored at the lakes
Designated Storage Area(when not in use) which is west and northwest of the North Lake. Shared
Memberships may only have one boat in the lake at any given time. If both members have boats they
must not have them both in the water at the same time. The Property Owner, Leaseholder and Lake
Management reserve the right to eliminate or not grant a Shared Membership to anyone at any
• time.
7. Guest Policy: Guest and Guest Campers/RV's and vehicles of any kind are permitted, but only with a
member present. A Membership (Including Shared memberships) may have a MAXIMUM of
TWELVE (12) PEOPLE at the lake at any given time. This will include all Adults and Children.
A Member may only have a total of Three (3) additional Guest Vehicles at said Member's site at
any given time. Said Guest Vehicles will include Campers, RV's, Trucks, Trailers and Vehicles of any
kind and each item will count as one for the purposes of this Guest Policy. All members will need to be
respectful of their fellow lake members regarding the frequency of guest invited to the lake. Additional
guest add to the use of portable bathrooms, the amount of trash and add to the overall hustle and bustle
of the lake. Although all the members like to have friends and family up to the lake, it needs to be done
in moderation and with consideration of your fellow members. If there are valid and legitimate
complaints from other lake members about a particular member and their guest, said member may have
guest privileges revoked. At any time this guest policy may be modified by the Leaseholder, Lake
Management or the Property Owner without prior notice or approval from the Lake Members.
Special Functions or Events, please see section 11-D regarding this policy.
NO GUEST BOAT IS PERMITTED ON THE LAKE AT ANY TIME REGUARDLESS OF THE
CIRCUMSTANCES,NO EXCEPTIONS. If a member wants to test drive a new boat they need to get
0 permission from lake management.
8. Land Rules and Regulations:
A) Speed Limit: Please use Caution and Safety while driving your vehicles around the Lake Property. •
The speed limit on land around the lakes is no more than 10 MPH, without exception. Lower limits
may be posted and must be obeyed and this will be very strictly enforced. Repeated violations will
result in the vehicle and driver being BANNED from the property.
B) Parking: Parking is permitted in designated areas only. All guest vehicles must be in the member's
designated camping area and are the responsibility of the member. Please ensure that the guest do
not impede or in any way make the use of the lakes or the lake facilities more difficult for the
members. Again, all members are 100% responsible for their guest at all times. A guest parking
area will be designated for each Lake as to eliminate any congestion around the assigned camp sites
of each member.
C) Trailers: Parking is permitted in the designated trailer parking areas only. For safety reasons,
riding on trailers to and from parking areas is prohibited.
D) Camp Fires: Fires are only permitted in designated fire pits at campsites and must be under
supervision at all times. At the end of the season the members may be asked to remove their fire pits
from the camping site. Lake management will notify the members if this needs to be done at the end
of the season.
E) Noise and Disturbances: Consideration and Respect of your fellow members must be extended at •
all times. Noise levels must be kept to a reasonable and acceptable level during the hours of 7:00
a.m. and 10:00 p.m... Again please be mindful of your neighbors and considerate of them as you
want them to be of you. The time frame between 10:00 p.m. and 7:00 a.m. is considered quite time
and noise levels must be kept to low levels. Any noise that can be heard beyond your campsite is
considered not acceptable and above the acceptable low level and quite time level.
F) Dogs and Pets: Members are responsible for their pets at all times. All pets must be leashed or
under positive control at all times and should remain at the members camping site unless they are
under the control of the member. Any dog that continually barks will be banned from the lake, NO
EXCEPTIONS!!! Animal Waste from your dog on another member's site is UNACEPTABLE!!!
Animal Waste must be cleaned up every day that you are at the lake. It is not healthy to leave said
waste near the lake where it could potentially pollute the water. Please clean up after your dogs.
Each Member will get one warning if lake management gets complaints from other members. After
that your dog may be banned from the lake.
G) Firearms: No firearms are permitted at the lake or during the boating season.
H) Boat Parking: All boats at the lake must be parked in the area designated for boat parking or at
your campsite.
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I) Unacceptable & Acceptable Vehicles: No Dirt Bikes,NO motor scooters, NO ATVS, NO dune
buggies, etc., at the lake at all. This applies to guests as well. Golf Cart or Mule type vehicles may
be allowed with lake management approval.
• 9. Lake, Boating and Water Sports Rules:
A) Lake Use: Each member may only use the lake they are assigned to unless the alternate lake is not
in use by its primary members. If for any reason a primary member is at the lake the non-primary
member may not use the lake at all. If a non-primary member is using the lake and a primary
member shows up to their assigned lake, the non-primary member must stop boating and go back to
their assigned lake. This policy may be changed or eliminated at any time without advanced notice
by Lake Management, Leaseholder or the Property Owner.
B) Boats & Watercraft: Inboard ski and wakeboard boats only. Inboard-Outboards and Outboards
may be allowed with lake management's approval. There will be no jet skis, ski-cycles, ski-kites,
sailboats,jet skis or wave runner type watercraft on the lake at any time, NO EXCEPTIONS.
Paddleboats and canoes MUST stay within 25 yards of the shore and life jackets and/or life vest
must be worn at all times.
C) Speed Limit on Water: A 40 MPH speed limit is enforced on the lake. Officials from the State of
Colorado will be encouraged to assist in this enforcement.
D) Allowable Boating Hours: NO BOATING AT ALL FROM THE HOURS OF SUNSET TO
DAWN,NO EXCEPTIONS!!! If a member is caught boating during these hours their
• membership will be terminated immediately.
E) Alcohol: Boating under the influence will be subject to the Colorado Boating Statutes and
Regulations 33-13-108.1 and 33-13-108.3 and again law enforcement officials will be encouraged to
assist in the enforcement. Revocation of the lake membership will result for any violation of this
statute or lake policy.
F) Boat Rotation: A Rotation board will be at or near the boat ramp on both the North and South
Lakes. Each board will have 12 spots on it for each rotation spot for the 12 members per lake. Each
member will have a name plate that they will be able to hang on the next rotation spot available on
the board for that day's rotation. Every morning the rotation spots will be cleared and the members
must place their name plate in the first available rotation spot. As a member shows up to the lake
during the day, your rotation spot will be the next available one on the board that you hang your
name plate on. If you and another member change your rotation spots, you will be responsible to let
all the members know of the change (please communicate). It will be each member's responsibility
to be aware of their rotation spot and when it is their turn to go on the lake.
At the end of the boating day or when a member leaves the lake it will be the member's
responsibility to remove their name plate from the board. Each member is responsible for their
name plate. If for any reason a member looses their name plate, it will be the member's
responsibility to replace their nameplate.
It is highly encourage that everyone have a two way radio at their campsite or in their boat to
better communicate with all your fellow members.
Each member will have a 20 minute single boat rotation. It is the responsibility of the member•
to ensure that they do not go over their time limit. Each boat must have a device in the boat to
keep time to ensure that the 20 minutes is adhered to. It is also the member's responsibility to know
when your rotation turn is and to communicate with all the members at the lake when you change
your rotation turn.
If two or more members want to boat in the same boat and take both their rotations in the same boat,
that is acceptable. It is the responsibility of the members taking multiple rotations in the same
boat to communicate what they are doing with all the other members on the lake at the time of
their rotation. The reason for this is it is difficult to see who is in a boat when it is on the lake.
Please make sure you do this so there is no misunderstanding on what the members are doing with
their respective rotations. A member is considered an adult above the age of 18. Children under the
age of 18 do not count as a member.
If there are four or less members at your lake at one time and if all members agree, you can increase
the rotation time limit from 20 minutes to whatever all the members agree to. If there are five or
more members at your lake at one time, all members must adhere to the 20 minute rotation time
limit.
All members must be ready to go at the time the other rotation is finished. If more than FIVE
MINUTES passes by from when a rotation turn ends and your turn is to begin, you will lose your •
rotation turn. It is not acceptable to waste time getting ready after the previous members
rotation is finished. This waste valuable time during the day that could be used to complete
more rotations for that day. Please be ready when your turn comes up!!!
G) Fallen Skier: Skiers that have fallen should signal as soon as possible to indicate they are not
injured.
H) Flotation Devices: Floating or other leisure devices such as inner tubes, torpedoes, etc. may be
used so long as this is done in a safe manner and doesn't interfere with normal skiing and boating
activity. These devices must be kept away from the skier drop zones or heavy ski traffic areas.
I) Life Vest: All members and guest must use life vest and/or personal flotation devices at all times
while in the water. All adult members are responsible for guest and all children's safety at all times.
J) Fishing: Fishing is to be from shore only on either the North or South Lake if a lake member is
boating on the lake. If no members are boating then fishing will be allowed from your boat on the
lake. You are not allowed to fish from another member's campsite when that member is present at
the lake. If a member does not want anyone fishing from their campsite at all, all other members
will respect said members wishes and not fish from their camp site.
6 •
10. Campsite Rules:
A) Campers: Only units licensed as recreational camper units/vehicles or tents are permitted for use on
• the campsite.
B) Camper Waste: Absolutely no camper waste may be dumped in the rest room facilities provided at
the lake or on lake property. Waste dumping on any private property, reservoir, county, or state road
will result in immediate revocation of your membership.
C) Camp Sites: All firewood must be kept in neat and orderly piles or stacks. All grass and weeds
must be maintained and no taller than four(4) inches. All members shall keep their sites looking
neat and orderly and free of unsightly junk, trash, excessive weeds or any and all items that would
contribute to the member's site appearing unsightly.
D) Trash Service: Trash dumpsters are provided for members' use. All spaces must be maintained and
free of trash at all times.
E) Fire Pits: All fire pit locations, size, and type must be approved by the leaseholder or lake
management.
F) What's allowed at the Campsite: Members on the North Lake Only will be allowed one Camper,
RV or tent for sleeping: one dock, one storage trailer (size must be approved), one picnic table, one
fire pit, one deck and one portable carport or boat cover. Storage under the camper or under plastic
tarps, in the carport or cover will be permitted as long as they are stored in an organized manner and
• not unsightly. Shade Covers and Picnic shelters can be erected but must be portable and removable.
Approval for Carports, Boat Garages/Shade Covers and Decks must be submitted in writing
and approved by lake management; a building permit must be filed, paid for by the member
and approved with Weld County prior to beginning any construction or installation of any
Carports, Boat/Shade Covers or Decks. All paperwork must be given to lake management
before any installation or construction begins.
G) Pesticides and Chemicals: Before any weed or pest chemicals are used on site, please verify with
lake management that the product involved is approved for use in vicinity of a lake or reservoir.
Any product used on the entire lake property must be biodegradable, safe to use near water
and not harmful to the lakes.
11. Miscellaneous Rules and Regulations:
A) Boat Ownership: Any change of ownership of a boat must be reported to lake management and
member must provide a copy of the new insurance policy for the member's new boat.
B) Lake Renewal & Spot Assignments: A Lake Membership in good standing at the end of one
boating season shall have first chance at renewal of their site and membership for the following year,
subject to approval by the leaseholder and Lake Management. Any movement to another lake
camping spot or movement to the alternate lake shall be done on a seniority basis. Lake Management
will direct all member camping spot and lake assignments.
C) Wildlife, Fishing & Hunting Equipment: It is imperative that wildlife at the Lakes not be
disturbed. Members should respect fisherman on shore and the fisherman should respect the
members using the lake. No fishing is allowed in areas with heavy skier traffic. Please do not fish •
in other member's camp sites when they are present without said member's permission to do so.
Keep a responsible distance from each other. Members and guest are to leave the hunting blinds
alone. Destruction of the blinds will lead to immediate termination of your membership.
D) Special Functions & Events: Should any Member wish to hold a Special Function or Event, a
request must be submitted to lake management in writing 14 days prior to the event. Exceptions to
the Guest Policy (Section#7) may be granted by Lake Management based on the following: one
time per year exception will be granted to each member, a minimum of 14 days notice to Lake
Management, you must have Lake Management approval in writing (email is acceptable), the Event
or Special Function may only be for a maximum period of 24 hours, all extra vehicles and guest
must leave within 24 hours of the Event or Function Starting to ensure that the limits stipulated in
the Guest Policy (Section#7) are met, the Member having the Event must rent an additional portable
Bathroom to accommodate for the additional guest (the additional Guest WILL NOT be allowed to
use the Members Portable Bathroom Facilities), any and all trash must be hauled away by the
member having the Event or Special Function (do not use the Members Trash Container for the
additional trash). The Member will be responsible for ALL GUESTS and their actions. It is
imperative that the other members not be imposed upon by your Guest, the Event or Special
Function. The Property Owner, Leaseholder and Lake Management reserve the right to change or
terminate this policy at any time.
E) Refund of Deposits and Dues: No money will be refunded or prorated at any time if your •
membership is terminated or a deposit is given and a member does not renew their
membership, NO EXCEPTIONS.
F) Swimming: Swimming is permitted no more than 50 feet from shore. Care must be taken to remain
visible to incoming skier and boat traffic. All members and guest must use life vest and/or personal
flotation devices at all times while in the water. All adult members are responsible for guest and all
children's safety at all times.
G) Lake Access: Access gates may have combination locks, key locks or an automated gate system.
You will be provided with a way to gain access to the lake by lake management. If the locking
system and access to the lake changes, you will be notified by lake management.
Members must keep all entrance gates closed and locked while at the lake. Do not leave gates open
for others in your party arriving later and do not admit others without proof of membership or
knowing who they are a guest of.
H) Members are Responsible: Jim Arnold, Property Owner and Lake Management, agents or
employees are not responsible for ANY accidents, property damage, injury, or loss of life. In using
these premises and facilities you are doing so at your OWN risk. Be advised that agents, or
8 •
employees of the Leaseholder or Lake Management will patrol the entire area and they are
authorized to enforce these rules and regulations.
• I) Rules Violations: Any violation of any rule, regulation, or law my result in suspension, termination,
or cancellation of your membership the sole and absolute discretion of the Leaseholder Jim Arnold,
whose decision is absolute and final.
J) Structures and Buildings: No structures of any type are permitted except those that are approved
by Lake Management. You may put up a tent or a dining canopy for the day or weekend use, and
the same must be removed when you leave unless approved to stay up by lake management. If a
member leaves the lake or their membership is terminated, said member will have 72 hours to
remove any and all items of the members. After 72 hours any items, structures, improvements or
fixtures will become the property of the Leaseholder or Property Owner.
K) Members Property: Boats, Campers and any other items of any kind left at the lake are left at your
own risk and your responsibility. You may leave your camper and/or boat at your campsite during
the boating season. On or before September 30`h of each year, all Boats, Campers, RV's, Trailers
and Vehicles of any Kind and Personal Property must be removed or stored off-site at designated
off-season storage areas or taken home with you for the offseason. If you have a carport or cover on
the lake you may permitted to keep items in said carport or cover as long as it is stored in an
organized manner and may be required to be covered. Anything stored at your campsite must be
stored in a neat and orderly fashion and must have lake management approval. Storing said items
will be at your own risk.
• If clean up of your lot is deemed necessary by an agent or employee of Leaseholder or Landowner,
you will be charged at the rate of$150.00 per hour for any clean up.
L) Membership and Camping Spot Availability: If a membership is terminated voluntarily or
involuntarily the said members camping site will be available to the other members on a seniority
basis. If no members want to move then lake management will assign the new member to the open
spot. This will include the 3 boat covers near the boat ramp on the North Lake and any other
property of the Leaseholder or the Property Owner. All members understand that their membership
may be terminated at any time for any reason by the Property Owner or the Leaseholder. All
members understand that they have no legal rights of any kind whatsoever to be members of the
"Hiner Recreation Lakes North and South" and will not assume nor have been informed in any way
that there are any rights legal or otherwise to be a member.
12. Zebra Mussels and Quagga Mussels Policy and Procedures: It will be the Hiner Recreation Lakes North
& South policy for all Members to follow the State of Colorado Policy, Procedures and Enforcement
regarding the prevention methods to keep out these Aquatic Nuisances. Each member will be
responsible to follow the procedures in item (A) to help ensure that all measures are taken to prevent an
infestation of any Aquatic Nuisance such as the Zebra and Quagga Mussels.
I
A) Below is information and an example of the procedure for making sure you do not bring these
Aquatic Nuisances into our Lakes. Other information will be provided by Lake Management to
the Members regarding the Zebra& Quagga Mussels. Please make sure you follow this
procedure and ask questions if you do not understand something about it.
:.'dean, Drain and Dry
Watercraft Cleaning to Prevent the Spread of Invasive Species
Preventing the spread of aquatic nuisance species starts with you - aKnot give wai4 Oock bnoc
the vessel owner. A cooperative effort is necessary by all persons l 1
and agencies involved with recreational watercraft use to achieve
the best results and protect our aquatic resources and recreational -
opportunities.
Boats and boat trailers can easily transport aquatic hitchhikers in
many different ways. If you don't clean your vessel, you may rollers axle Ml4N %Wet inn«
introduce aquatic nuisance species to other waters. Also, species
such as Zebra or Quagga Mussels can ruin boat engines and jam steering equipment.
Remember: CLEAN, DRAIN and DRY.
Follow these guidelines: While on land, but before leaving a body of water:
DRAIN:
• Drain every conceivable space or item that can hold water. •
• Follow factory guidelines for eliminating water from engines. All engines hold water, but jet drives on personal
watercraft and other boats can hold extra water.
• Remove the drain plug from boats and put boat on an incline so that the water drains out.
• Drain live-wells, bilge, ballast tanks and transom wells.
• Empty water out of kayaks, canoes, rafts, etc.
CLEAN:
• Remove any visible plant or plant fragments as well as mud or other debris. Plant material, mud and other
debris routinely contain other organisms that may be an aquatic nuisance species. Some plant species are
aquatic nuisance species.
• Check trailer, including axel and wheel areas - in and around the boat itself: anchor, props and jet engines,
ropes, boat bumpers, paddles.
• Clean and check and dry off all parts and equipment that came in contact with water.
• Empty bait buckets into trash. Do not empty any bait fish into the lake or reservoir.
• Using a car wash or home power water sprayer is not adequate to kill and/or remove zebra or quagga
mussels. •
10
DRY:
• Allow everything to completely dry before launching into another body of water.
•
Vessel Inspection to Prevent the Spread of Aquatic Invasive Species
In order to help protect Colorado's water resources, personal watercraft
and recreational opportunities, your vessel may be inspected by
authorized personnel at certain waters or check stations for Aquatic
Nuisance Species.
Inspectors are there to provide you with additional information about
aquatic nuisance species and further educate you about your role in
maintaining recreational watercraft opportunities across the state. They
may ask you for additional information about your boating habits,
where you've been, where you are going, etc. This information will
enable us to further refine our management strategy for preventing the
spread of aquatic nuisance species.
If authorized inspection personnel determine that your vessel needs to
be decontaminated, they will ask your permission to use a high-pressure, hot water power sprayer to clean it and the
trailer. If a decontamination hot water unit is not available at the site of the inspection, you will receive directions to
the nearest vessel washing station and your vessel will not be allowed to launch on any waters of the state until it is
decontaminated.
ease be patient and cooperative; the authorized inspection personnel are there to help. If you follow the Drain,
an and Dry strategy each time you use your vessel you will greatly reduce the time necessary for any inspection.
Thank You.
BACKGROUND:
Zebra and Quagga mussels are a particularly hardy variety of aquatic nuisance species. The adults, range in size from
a grain of sand to 2 inches in length, can attach to anything in the water including vessels, outboard engines, anchors,
etc. Zebra and Quagga mussel larvae (veligers) are microscopic and inhabit the water along with other forms of
plankton. They are easily transported in ballast tanks, bilge water, live wells, and anything else that has been in and
retains water. It is unlawful to import, possess or release zebra mussels or other aquatic invasive species.
More information about aquatic nuisance species can be found on the following internet web sites: 100th Meridian
Initiative and Protect Your Waters.
!..•xst updated: 8/12/2010
HOLD HARMLESS
AKNOWLEDGEMENT AND ACCEPTANCE OF RISK: I understand and acknowledges
that the activity which I am about to voluntarily engage in and participate and/or
volunteer bears certain known risk and unanticipated risk which could result in injury,
death, illness, or disease, physical or mental, or damage to myself, to my property, or to
spectators or other third-parties, I or third-parties as a result of my actions, expressly
agree, covenant and promise to accept and assume all responsibilities and risk injury,
death, illness or disease, or damage to myself or to my property arising from participating
in this activity. I also agree to pay for any damages caused to others (including attorney
fees and cost) if they are injured or otherwise damaged due to any neglect actions. My
participation in this activity is purely voluntary: no one is forcing to participate, and I
elect to participate in spite of the known and unknown risk.
All members understand that their membership may be terminated at any time for any
reason by the Property Owner or the Leaseholder. All members understand that they
have no legal rights of any kind whatsoever to be members of the "Hiner Recreation
Lakes" and will not assume nor have been informed in any way that there are any legal
rights of any kind to be a member.
All parties understand that if there is any litigation expense associated with any legal •
action taken by a Lake Member against the Leaseholder, Property Owner or Lake
Management or legal action taken by the Leaseholder, Property Owner or Lake
Management against a Lake Member, that the party that looses in court, mediation or any
other legal proceeding, will be responsible to reimburse to the winner any legal expenses
incurred for said legal action.
By signing this release and acknowledgement form I hereby have read all ELEVEN (11)
pages and understand all rules and regulations including dues are 100% non-refundable
and the lake member assume ALL responsibility for themselves and their guest.
I acknowledge that I have read the above agreement and understand that I am bound by
the terms thereof by placing my signature upon this hereon.
•12
By affixing my name and signature to this page I hereby agree to all the rules, regulations
and the HOLD HARMLESS on the previous TEN (10) pages of this agreement of the
•finer Recreation Lakes North and South" Rules and Regulations.
*Member#1
Print Name
Signature Date
Address
Phone Email
*Member#2
Print Name
Signature Date
Address
Phone Email
*Member#3
"Dint Name
Signature Date
Address
Phone Email
*Member#4
Print Name
Signature Date
Address
Phone Email
Revised 01/29/2011
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