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Home My WebLink About20113013.tiff RESOLUTION RE: ACTION OF BOARD AT INITIAL HEARING CONCERNING RESCINDING AMENDED USE BY SPECIAL REVIEW PERMIT #954 - COLORADO ENGINEERING EXPERIMENT STATION, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS,on June 24, 2009,the Board approved the application of Colorado Engineering Experiment Station, Inc., 54043 County Road 37, P.O. Box 41, Nunn, Colorado 80648, for a Site Specific Development Plan and Amended Use by Special Review Permit#954 for an expansion of a Non-Conforming Use (flow metering facility) in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Part of the SE1/4 of Section 36, Township 10 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, the Department of Planning Services notified the applicant of outstanding Conditions of Approval and items to be completed prior to recording the plat, by letters dated August 24, 2010, and July 28, September 27, and October 18, 2011, and WHEREAS, on the 21st day of November, 2011, an Initial Hearing was held before the Board to consider granting additional time to meet all of the conditions/requirements of approval and record the plat, or set a Final Determination Hearing to Rescind approval of Amended Use by Special Review Permit#954 and Deny the application, and WHEREAS, at said hearing, Eric Harmon and Roger Schaeffer were present on behalf of the applicant, and WHEREAS,after hearing all testimony presented,the Board deemed it advisable to dismiss the hearing and refer the matter back to the Department of Planning Services for completion. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hearing be, and hereby is, dismissed and the matter is referred back to the Department of Planning Services for completion. Ch QL- , , Afel 2011-3013 j 8 j� PL0851 DISMISS INITIAL HEARING CONCERNING RESCINDING AMUSR#954 - COLORADO ENGINEERING EXPERIMENT STATION, INC. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of November, A.D., 2011. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ��' s 4.r (-Lit Barbara Kirkmeyer Chair Weld County Clerk to the Board �V an P. Co ay, Pro-Tem BY: Deputy Cle to the Board i i ,4j, �r"x3 m F. Garcia 0 APPROVED AS, �S3RM: 06- \` ""-'1 C 4 j i j .�" David E. Long ]� CountyAttorney _ °°il -3 C� U CAC - (Lk ) Douglas(Rademache Date of signature: i a 1 - I 2011-3013 PL0851 1861 -2011 MEMORANDUM WEL O N T Y To: Case File —AmUSR-954 u From: Kim Ogle, Planning Subject: Current status of Approved Land Use Permit Date: November 21, 2011 The applicant's, Steve Caldwell, Jerry Caldwell, Eric Harmon, and Roger Shaffer have completed their Conditions of Approval for Colorado Engineering Experiment Station inc. located approximately one mile north of County Road 108 and West of and adjacent to County Road 37 Timeline: June 24, 2009 Approval of Amended Special Use Permit No. 954 August 24, 2010 Letter sent to applicant regarding outstanding issues associated with USR Undated Letter Applicant submitted letter indicating intention to proceed to complete USR July 28, 2011 First Letter sent to applicant's representative Eric Harmon August 4, 2011 Applicant submitted letter indicating intention to proceed to complete USR September 27, 2011 Second Letter sent to applicant's representative Eric Harmon October 18, 2011 Third Letter sent to applicant's representative Eric Harmon November 17, 2011 Public Works email notification that all Conditions of Approval met November 17, 2011 Environmental Health notification that all Conditions of Approval met The applicant has addressed the conditions of approval and has obtained sign-off of the outstanding issues the the respective agencies. Mr. Harmon is working diligently to prepare the plat for County review prior to submitting the mylar for final processing. SERVICE,TEAMWORK,INTEGRI FY,QUALITY 2011-3013 PLO g5 Kim Ogle From: Heidi Hansen Sent: Thursday, November 17, 2011 4:15 PM To: Kim Ogle Subject: AmUSR-954 Kim, Public Works has no additional concerns with AmUSR-945 for CEESI. An existing onsite low point meets our condition for the water quality area.All of our conditions have been addressed. Thanks, Heidi Heidi Hansen, P.E., CFM Engineer II Weld County Public Works 1111 H Street Greeley, CO 80632 970-304-6496 ext. 3745 4c dSii I Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 AmUSR-954-Response-11-15-2011.docx Eric Harman 11/15/2011 Page 1 of 6 Am US R-954 CEESI Written Response November 15th, 2011 CEESI's written response to remaining issues cited by Weld County Planning Department prior to the recording the plat for AmUSR-954, Department of Planning Services Document#AmUSR954 CESSI POST BCC REDLINES.doc Each issue raised by the county is repeated below in italics and CEESI's response follows: The Department of Planning Services'staff recommendation for approval is conditional upon the following: 1. Prior to recording the plat: A Section 2.2-b-f00:,4e states 'promote the reasonable and orderly exploration and development of oil and gas mineral reseeraes. he applicant shall either submit a copy of an agreement property's mineral owner/operators stipulating that the oil and gas activities have-been-adequately incorporated-into tho design of tho site or show evidonce that an adequate attempt mitigate the concerns of the mineral owner/operators. Drill envelopes can be delineated on the plat in accordance with the State requirements as an attempt to mitigate concerns. Tho plat shall be amended to include any possible future drilling sites. (Department of Planning Services) f`;,) Response: All items resolved, removed by Weld County Planning Department in the "AmUSR954 CESSI POST BCC REDLINES.doc" document. C. The applicant shall address the requirements (concerns) of the Weld County Department Building inspection, as stated in the referral response dated March 31, 2009. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Building Inspection) Response: All items listed on the letter from the Weld County Department Building Inspection, as stated in the referral response dated March 31, 2009 are resolved as the Weld County Department Building Inspection issued final approval signatures for the new building on 3/4/2011. D. The applicant shall address the requirements (concerns) of the Weld County Office of Emergency Management, as stated in the referral response dated April 1, 2009. Specific to, but not limited to, storage of Hazmat (Coil, Fuel, et cetera)and evidence that the facility is compliant with SARA Title 3. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Office of Emergency Management) Response: CEESI will comply with SARA Title 3. As stated in correspondence with Weld County CEESI has the following above ground tanks on site: • 500 gallon gasoline tank • 500 gallon diesel fuel tank • 1000 gallon diesel fuel tank These above ground tanks are used to fuel on site equipment. CEESI has contacted Colorado State Division of Oil & Public Safety(CDOPS) to insure CEESI AmUSR-954-Response-11-15-2011.docx Eric Harman 11/15/2011 Page 2 of 8 is in compliance with state regulations and permitting requirements. A copy of CEESI's email request to (CDOPS) is given in Appendix A of this document. E. The applicant shall address the requirements(concerns) of the Weld County Department of Public Works, as stated in the referral response dated April 23, 2009. Specific to, but not limited to, the calculations, location and description of the water quality feature. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Works) Response: As stated in CEESI's original application for an amendment to USR-954: "...Since the facility is located on a hilltop, storm water is neither retained nor routed. The storm water follows the native contours to the surrounding lands. No off site head cutting or erosional features are caused by the storm water drainage. The storm water returns to the native lands outside the facility". Additionally Weld County Drainage Impact Fee Calculation Sheet for the new 50' by 80' building yields 4000 sq. ft. which equates to a $400 impact fee. North Border of property (picture looking NE from building B & NW of building B): fit* cs.•.6. '. f`.mss. - "r":44‘.• J z. South Border (picture looking S towards buildings H & I): ' ` .r .. 7%M'..• *L51 wj 1j..J;' - AmUSR-954-Response-11-15-2011.dacx Eric Harman 11/15/2011 Page 3 of 8 F. The applicant shall address the requirements (concerns) of the Weld County Department of Public Health and Environment, referral dated December 15, 2008. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) Response: Referral date of PH&E is April 23rd. The following is offered addressing each item listed point by point: 1. As stated in CEESI's original application for an amendment to USR-954: "...Affected area outside the new building would have a structural gravel cover applied." This applies to dust abatement during construction of the new building. Regarding general dust abatement during the normal operations: From time to time pea-gravel or similar granular road-base material is applied to on-site road surfaces and parking lots as needed. No water is used for dust abatement. 2. A copy of well permit#251664 has been supplied to the Weld County Planning Department. Another copy of this permit can be supplied upon request. 3. As stated in CEESI's original application for an amendment to USR-954: "...Since the facility is located on a hilltop, storm water is neither retained nor routed. The storm water follows the native contours to the surrounding lands. No off site head cutting or erosional features are caused by the storm water drainage. The storm water returns to the native lands outside the facility". Additionally CEESI has contacted the Colorado Department of Public Health & Environment (Water Quality Control Division) to ensure CEESI is in compliance with state regulations. See appendix A for a copy of the email sent on 11/14/2011. 4. CEESI has a well permit for our facility(permit #251664 which was issued by the Colorado Division of Water Resources on 07-09-2003). Additionally CEESI provides bottled water to all its employees via an independent bottled water service. To ensure CEESI is in compliance with state regulations, CEESI has contacted Colorado Department of Public Health & Environment (Water Quality Control Division) regarding Primary Drinking Water Regulation (5 CCR 1003-1). See appendix A for a copy of the email sent on 11/14/2011. 5. CEESI has four permitted septic systems for 49 people, (permit #G19910136 for 6 people, permit #G19919133 for 20 people, permit#G19919134 for 20 people, and permit#SP-9700238 for 3 people). At any one time we have between 30 to 35 people on site and do not exceed 2000 gallons of water use per day. Assuming each employee utilized the toilet twice in a typical 8 hour day, and using 5 gallons per flush, the maximum water usage would be 350 gallons per day. This is well below the 2000 gallons per day threshold cited by the Colorado Water Quality Control Division. CEESI has asked the Colorado Department of Public Health & Environment (Water Quality Control Division) to supply a statement that CEESI is in compliance with state regulations. See appendix A for a copy of the email sent on 11/14/2011. 6. Revised plat drawing being submitted to Weld County Planning Department identifies the septic permit numbers and associated drain fields. AmUSR-954-Response•11-15-2011.docx Eric Harman 11/15/2011 Page 4 of 8 7. CEESI solid waste includes general garbage and refuse including paper products (which are recycled), packaging material (which are recycled), scraps of wood from shipping pallets. No permanent disposal of waste is stored on site. CEESI has qty (1) 500 gallon gasoline tank, qty (1) 500 gallon diesel fuel tank, and qty (1) 1000 gallon diesel fuel tank. CEESI has contacted Colorado State Division of Oil & Public Safety(CDOPS) to insure CEESI is in compliance with state regulations and permitting requirements. A copy of CEESI's email request to (CDOPS) is given in Appendix A of this document. All waste is remove by: Waste Management 7780 East 96th Ave. Henderson, CO 80640 Phone: 303-336-3919 CEESI Customer ID #: CSI-02-1007054 All recommended requirements cited by the Weld County Department of Public Health and Environment are incorporated into the plat drawing as a part of AmUSR- 954. G. The applicant shall submit to the Department of Planning Services a property maintenance plan for review and approval. The maintenance plan shall be in compliance with Section 23-2-250.8.7 of the Weld County Code. (Department of Planning Services) Response: CEESI shall abide by the requirements of the AmUSR-954. H. The applicant shall submit a dust abatement plan for review and approval, to the Environmental Health Services, Weld County Department of Public Health & Environment. Evidence of approval from the Department of Public Health and Environment shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) Response: Regarding dust abatement: As stated in item F above, from time to time pea-gravel or similar granular road-base material is applied to on-site road surfaces and parking lots as needed. No water is used for dust abatement. The applicant shall submit a waste handling plan, for approve, Weld County Department of Public Health & Environment. Evidence of-approval from the Department of include at a minimum, tho following: • expected volumes and typos of waste generated). 2. 1i-list of the type and volume of chemicals expected to be stored on site: 3— Thewaste-handler-and-facility-where the waste will-be-disposed (including the facility name, address, and phone-number). (Department-of Public Health ndnvironment) Response: This item has been removed by Weld County Planning Department. AmUSR-954-Response-11-15-2011.docx Eric Harman 11/15)2011 Page 5 of 8 J. The applicant shall submit a copy of well permit 251664 to Environmental Health Services, Department of Public Health and Environment and to the Department of Planning Services. Evidence of approval from the Department of Public Health and Environment shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) Response: A copy of well permit #251664 has been supplied to the Weld County Planning Department. Another copy of this permit can be supplied upon request. t< The applicant shall submit evidence of a Colorado Discharge Permit System(CDPS)from the Water Quality Control Division of the Colorado Department of Health and Environment for any proposed discharge into State Waterways, if applicable. Evidence of approval from the Department of Public Health and Environment shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) Response: As stated in CEESI's original application for an amendment to USR-954: "...Since the facility is located on a hilltop, storm water is neither retained nor routed. The storm water follows the native contours to the surrounding lands. No off site head cutting or erosional features are caused by the storm water drainage. The storm water returns to the native lands outside the facility". Additionally CEESI has contacted the Colorado Department of Public Health & Environment (Water Quality Control Division) to ensure CEESI is in compliance with state regulations. See appendix A for a copy of the email sent on 11/14/2011. L. In the event the facility's water system serves more 25 persons on a daily basis the water system shall comply with the Colorado Primary Drinking Water Regulations (5 CCR 1003-1). Evidence shall be provided to Environmental Health Services. Weld County Department of Public Health and Environment from the Colorado Department of Health and Environment that the system compiles with the Regulations. Evidence of approval from the Department of Public Health and Environment shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) Response: CEESI has a well permit for our facility (permit #251664 which was issued by the Colorado Division of Water Resources on 07-09-2003). Additionally CEESI provides bottled water to all its employees via an independent bottled water service. To ensure CEESI is in compliance with state regulations, CEESI has contacted Colorado Department of Public Health & Environment (Water Quality Control Division) regarding Primary Drinking Water Regulation (5 CCR 1003-1). See appendix A for a copy of the email sent on 11/14/2011. M. In the event the septic system requires a design capacity of over 2,000 gallons of sewage per day the applicants shall provide evidence that all requirements of the Water Quality Control Division(WQCD) of the Colorado Department of Public Health and Environment (specifically Policies WQSA-6 and WQSA-8)have been satisfied. Evidence of compliance shall be provided to the Weld County Department of Public Health and Environment. Alternately, the applicant can provide evidence from the WQCD that they are not subject to these requirements. Evidence of approval from the Department of Public Health and Environment shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) Response: CEESI has four permitted septic systems for 49 people, (permit #G19910136 for 6 people, permit #G19919133 for 20 people, permit #G19919134 for 20 people, and permit #SP-9700238 for 3 people). At any one time we have between 30 to 35 AmU S R-954-Response-11-15-2011.d oc x Eric Harman 11/15/2011 Page 6 of 8 people on site and do not exceed 2000 gallons of water use per day. Assuming each employee utilized the toilet twice in a typical 8 hour day, and using 5 gallons per flush, the maximum water usage would be 350 gallons per day. This is well below the 2000 gallons per day threshold cited by the Colorado Water Quality Control Division. CEESI has asked the Colorado Department of Public Health & Environment (Water Quality Control Division) to supply a statement that CEESI is in compliance with state regulations. See appendix A for a copy of the email sent on 11/14/2011. Respectfully su miffed, eik AitAAr MY/2°)j Eric Harman AmU S R-954-Response-11-15-2011.decx Eric Harman 11/15/2011 Page 7 of 8 Appendix —A- Email to State of Colorado Division of Oil &Public Safety: From: Eric Harman Sent: Monday, November 14, 2011 2:11 PM To: 'michelle.howard@state.co.us' Cc: Roger Shaffer Subject: Permit/Compliance for above ground gasoline and diesel tanks for CEESI in Weld County Colorado Michelle, My name is Eric Harman and I left you a voice mail on your phone today. I work for Colorado Engineering Experiment Station Inc. (CEESI), located about 5 miles north east of Nunn, Colorado. CEESI is ammending its Use by Special Review land permit with Weld County (AmUSR-954). One of the provisions for approval is to ensure we are in compliance with SARA Title 3 and the state regulations. Currently we have 3 above ground fuel tanks, (500 gallon gasoline tank, 500 gallon diesel fuel tank, and a 1000 gallon diesel fuel tank). The 1000 gallon diesel fuel tank is an ENVIROVAULT tank serial # MH17565. These above ground tanks are used to fuel on site equipment. Can you please contact me to verify our above ground fuel tanks are in compliance? Thank you, Eric Harman Eric Harman eharman@ceesi.com Colorado Engineering Experiment Station Inc. Cell: 303-638-1384 Email to State of Colorado Department of Public Health& Environment, Colorado Water Quality Control Division: From: Eric Harman Sent: Monday, November 14, 2011 4:20 PM To: 'lori.gerzina@state.co.us' Cc: Roger Shaffer Subject: CEESI Compliance with Water Quality Control Division State Regulations Lori, My name is Eric Harman and I left you a voice mail on your phone today. I work for Colorado Engineering Experiment Station Inc. (CEESI), located about 5 miles north east of Nunn, Colorado. CEESI is amending its Use by Special Review land permit with Weld County(AmUSR- 954). One of the provisions for approval is to ensure we are in compliance with Colorado Discharge Permit System requirements, Colorado Primary Drinking Water Regulations (5 CCR 1003-1)and septic system design capacity requirements per the Water Quality Control Division. Regarding these issues: CEESI does not discharge anything into the State Waterways. Furthermore our facility is located on a hilltop, storm water is neither retained nor routed. The storm water follows the native contours to the surrounding lands, No off site head cutting or erosional features are caused by AmUSR-954-Response-11-15-2011.docx Eric Harman 11/15/2011 Page 8of8 the storm water drainage. The storm water returns to the native lands outside the facility. CEESI has a well permit for our facility(permit#251664 which was issued by the Colorado Division of Water Resources on 07-09-2003). Additionally CEESI provides bottled water to all its employees via an independent bottled water service. * CEES1 has four permitted septic systems for 49 people, (permit#019910136 for 6 people, permit#G19919133 for 20 people, permit#019919134 for 20 people, and permit#SP- 9700238 for 3 people). At any one time we have between 30 to 35 people on site and do not exceed 2000 gallons of water use per day. Assuming each employee utilized the toilet twice in a typical 8 hour day, and using 5 gallons per flush, the maximum water usage would be 350 gallons per day. This is well below the 2000 gallons per day threshold cited by the Water Quality Control Division. Could you please contact me and provide a statement that CEESI is in compliance with the state water quality regulations? Let me know if you need any additional information necessary is issue a compliance statement. Thank you, Eric Harman Eric Harman eharman@ceesi.com Colorado Engineering Experiment Station Inc. Cell: 303-638-1384 The following contacts were used in this report: Colorado Division of Oil and Public Safety 633 17th Street Suite 500 Denver, CO 80202-3610 http://www.colorado.gov/cs/Satellite/CDLE- Oil PublicSafety/CDLE11248095303284 Phone: 303-318-8505 Michelle Howard 303-318-8507 Fax: 303-318-8488 E-mail: oil.Dublicsacety_©state.co.us Colorado Department of Public Health & Environment Colorado Water Quality Control Division 4300 Cherry Creek Drive South, Denver, Colorado 80246 303-692-3500 http://vvww.cdphe.state.co.us/wq/index.html COMPLIANCE ASSURANCE SECTION Lori GERZINA, Section Manager 303-692-3587 iori.gerzina(c�state.co.us 1861 - 2011 DEPARTMENT OF PLANNING SERVICES 1555 N 17th Avenue Greeley, CO 80631 W E LD__ -e O U N T Y kogle@co.weld.co.us ' I PHONE: (970) 353-6100, Ext. 3549 ll-�I FAX: (9(970) 304-6498 October 18, 2011 Eric Harmon Colorado Engineering Experiment Station, Inc. 54043 County Road 37 Post Office Box 41 Nunn, Colorado 80648 Certified Mail: 7010 1670 0000 2045 2472 Subject: 3rd Letter - Outstanding Conditions of Approval and Items to be Completed Prior to Recording the Plat for Amended Use by Special Review, USR-954. Dear Mr. Harmon: The Planning Department is working through our historical case files in an effort to resolve unrecorded and outstanding land use permits. You are receiving this letter because you have applied for a Use by Special Review (USR) permit with Weld County but have never followed through the steps to complete the process. You should have received another letter from me on July 28, 2011 and September 22, 2011concerning the same topic. On June 24, 2009 your application for a Use by Special Review was approved by the Weld County Board of County Commissioners with specific Conditions of Approval. At this time the conditions of approval have not been satisfied and a Mylar Plat has not been recorded with Weld County Clerk and Recorder. One of the required Conditions of Approval in the Board of County Commissioners resolution grants the applicants sixty (60) days to submit a Mylar Plat, and provide written evidence that all conditions outlined in the resolution have been completed. Should you choose not to complete the Use by Special Review process and provide the required Mylar Plat, the Department of Planning Services requests written notification of your decision to withdraw the application and that the use is not active on the property. If you are unable to meet the Conditions of Approval and record the plat by November 18, 2011 an initial hearing is scheduled with the Board of County Commissioners. The hearing will take place at the Weld County Administration Building, located at 1150 O Street, at 9:00 am on November 21, 2011. It is strongly encouraged that you attend this hearing. At this hearing the Board of County Commissioners has the authority to grant additional time to meet all the conditions/requirements of approval and record the plat or schedule a final determination hearing to rescind approval of Use by Special Review, AmUSR- 954 and deny the application. If you chose to withdraw the application please sign and date the enclosed form and return to the Weld County Department of Planning Services, Attn: Kim Ogle, 1555 N 17th Avenue, Greeley, CO 80631. If you have further questions, please contact me at the above address or call (970) 353-6100 x 3549. incerely, Kim le Planner III SENDER: COMPLETE THIS SECTION C• •LETE THIS SEcrnN w •ELIVE•Y • Complete items 1,2,and 3.Also completeSignature / Item 4 If Restricted Delivery Is desired. O Agent • Print your name and address on the reverse O Addressee so t ch can to th the cardto you. c. ReceivedAby(Frio, tedNapre) C. Datelivery • Attach this card the back of the mailplece, /.p,,ygti/ 1(�•un'rr'."/ '� , fy or on the front if space permits. ArtIcle Addressed to: RE „w E I VE la ress�,different addressfro below:Item 17 O No O Yes 1 4NDPONala (JUT d 4 7011 3310g CR Weld Cou i , LooartmoRt eeP-C-e(ef, C-a GRE[LEY ArIETWe C.ertified Mail O Express Mall ea ;1 ❑ Registered O Return Receipt for Merchandise M ❑Insured Mail O C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes z. Article Number 7010 1670 0000 2045 21489 (transfer from service labeQ PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 October 18, 2011 Department of Planning Services Attn: Kim Ogle 1555 N. 17th Avenue Greeley, CO 80631 RE: Amended Use by Special Review Application (AmUSR-954) Dear Mr. Ogle, We wish to withdraw our Amended Use by Special Review Application, Thanks. Please attach documentation that the use is no longer active on the property in question. Name date Name date SEME•:• • COMPLETE•LETE THIS SECTI•N COMPLETE THIS SECTION ON DELIVERY • Complete Items 1,2,and 3.Also complete A SI ature • Print your name and address n Item 4 if Resbicted l Is desired. verse CI Agent so that we can return the card to you. Addressee • Attach this card to the back of the mailpiece, ' Recel d b7' n d Name) C. Date f Delivery or on the front If space permits. 'CI 1. Article Addressed to: ) re from item 19 s r li ress below: ❑ No E¢-IL 1-4AQ.tyrJy4/tzac25iiAFFEQ. / pt t 21 2011 6ECsi 1;' a. i3OX 4f( Wet Ccu ,., _)a{�attnent hI VKtJ , `pub ,I,kS�ervicalype. -nt Certified Mail ❑Express Mall &ct4p,,,,� Registered CI Return Receipt for Memhandi: IS 0 Insured Mall 0 C.O.D. 4. Reshicted Dell;— (Extra Feel ❑Yes 2. Article Number (Transfer from service 7010 1672 0000 2045 2472 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 U.S. Postal Service,, ru CERTIFIED MAIL,., RECEIPT r.4: Mail Only;No Insurance Coverage Provided) Ill F r•elivery mf•rmati•n visit•ur we.site at wwwus•s.c•m� La Z• a O ru Postage $ O Certified Fee O (Endorsement Req o Return tiretl -Fee Postmark Here ORestricted Delivery Fee M1 (Endorsement Required) ra Total Postage&Fees $ O Sent To r1 G O Street Apl,No''"""" M1 or PO Box No. ClfySial6,zIP4Q S F.rm 3.n,Au.usi 2n See everse Lr Inshucti ns 1861 - 2011 DEPARTMENT OF PLANNING SERVICES 1555 N 17th Avenue Greeley, CO 80631 W E L DEC O U N T Y kogle@co.weld.co.us PHONE: (970) 353-6100, Ext. 3549 FAX: (970) 304-6498 September 27, 2011 Eric Harmon Colorado Engineering Experiment Station, Inc. 54043 County Road 37 Post Office Box 41 Nunn, Colorado 80648 Certified Mail: 7008 0500 0000 5617 1828 Subject: god Letter - Outstanding Conditions of Approval and Items to be Completed Prior to Recording the Plat for Amended Use by Special Review, USR-954. Dear Mr. Harmon: The Planning Department is working through our historical case files in an effort to resolve unrecorded and outstanding land use permits. You are receiving this letter because you have applied for a Use by Special Review (USR) permit with Weld County but have never followed through the steps to complete the process. You should have received another letter from me in July concerning the same topic. On June 24, 2009 your application for a Use by Special Review was approved by the Weld County Board of County Commissioners with specific Conditions of Approval. At this time the conditions of approval have not been satisfied and a Mylar Plat has not been recorded with Weld County Clerk and Recorder. One of the required Conditions of Approval in the Board of County Commissioners resolution grants the applicants sixty (60) days to submit a Mylar Plat, and provide written evidence that all conditions outlined in the resolution have been completed. Should you choose not to complete the Use by Special Review process and provide the required Mylar Plat, the Department of Planning Services requests written notification of your decision to withdraw the application and that the use is not active on the property. If you are unable to meet the Conditions of Approval and record the plat by November 18, 2011 an initial hearing is scheduled with the Board of County Commissioners. The hearing will take place at the Weld County Administration Building, located at 1150 O Street, at 9:00 am on November 21, 2011. It is strongly encouraged that you attend this hearing. At this hearing the Board of County Commissioners has the authority to grant additional time to meet all the conditions/requirements of approval and record the plat or schedule a final determination hearing to rescind approval of Use by Special Review, AmUSR- 954 and deny the application. If you chose to withdraw the application please sign and date the enclosed form and return to the Weld County Department of Planning Services, Attn: Kim Ogle, 1555 N 17th Avenue, Greeley, CO 80631. If you have further questions, please contact me at the above address or call (970) 353-6100 x 3549. Sinc ly, im e Planner III September 27, 2011 Department of Planning Services Attn: Kim Ogle 1555 N. 17th Avenue Greeley, CO 80631 RE: Amended Use by Special Review Application (AmUSR-954) Dear Mr. Ogle, We wish to withdraw our Use by Special Review Application, Thanks. Please attach documentation that the use is no longer active on the property in question. Name date Name date U.S. Postal Service1,, CERTIFIED MAIL RECEIPT co rt.l (Domestic Mail Only;No Insurance Coverage Provided) Ea r-RF•r delivery inf•rmati•n visit •ur we•site at www.us•s.c•ms M1 —0 Postage $ Ln SENDER: COMPLETE THIS SECTION C.M•LErE THIS SECTI.N ON IELIVE•Y Certified Feeo o • Complete Items 1,2,and 3.Also corn lete .nature Return Receipt Fee p OO (Endorsement Required) Rem 4 If Restricted address Is desired. >, t ♦ Agent Restricted Delivery Fee • Print your name and on the reverse ' • �_ ' ''� ❑Addressee o (Endorsement Required) so that we can return the card to you.o ■ Attach this card to the back of the maiiplece, B. by(Panted Name) C. Date of Delivery 1(7 Total Postage&Fees $ or on the front Rpc space permits. • bet a rl t g .- i'- CI D. Sent To 1. Article Addressed to:to 1? ❑Yes o G t i w: ❑ No O Street,Apt.No.;M1 WIC '1 \4t or PO Box No. 1iY ytb1.1 O 0 3 1 City,City,stare,zIPeJef..,i s PO Box 4t Neld County rianni,ig201 p�9ertmeflt SF rm3n, Au ust2n r l-t)'NAi IA 3. ServlypeLXCT I)(fl� 8O4O49 XCertifled Mall o Express Man O Registered ❑Retum Receipt for Merchandise ❑insured Mall ❑C.O.D. 4. Restricted Delivery?(Extra Fee) o Yes 2. (Transfer rticle ansferumber 7008 0500 0000 5617 1828 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 ,CEESI COLORADO ENGINEERING ,CEE IS owa EXPERIMENT STATION INC. LABORATORY/OFFICE: IOWA HIGH FLOW FACILI 54043 County Rd. 37 ...the primary source for flow measurement solutions... 2365 240th St. Nunn,Cob. 80648 Gamer, IA 50438 Phone: 970-897-2711 Phone: 641-923-3664 FAX:970-897-2710 FAX:641-923-3693 August 4th, 2011 Attn: Kim Ogle Department of Planning Services 1555 N17th, Ave. Greeley, CO 80631 Subject: Response to your letter dated July 28th, 2011 concerning Amended USR-954 Kim, CEESI is planning to complete and submit the remaining documents required by the Weld County Board of Commissioners within the next 60 days so that we can receive approval of the Amended Use by Special Review USR-954. Thank you, for your patience in this matter. Respectful) submitted, CiAt. ri---gAvr..r•-"r"------- Eric Harm Colorado Engineering Experiment Station Inc. CC: R. Shaffer (CEESI), S. Caldwell (CEESI), J. Caldwell (CEESI) 1861 - 2011 DEPARTMENT OF PLANNING SERVICES 1555 N 17th Ave Greeley, CO 80631 WELD COUNTY kogle@co.weld.co.us PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 July 28, 2011 Eric Harmon • Colorado Engineering Experiment Station, Inc. 54043 County Road 37 Post Office Box 41 Nunn, Colorado 80648 Certified Mail No. 7010 1870 0000 4773 6690 Subject: Conditions of Approval —Amended Use by Special Review USR-954 Dear Colorado Engineering Experiment Station, Inc.: On June 24, 2009 your application for an Amended Use by Special Review was approved by the Weld County Board of County Commissioners with specific Conditions of Approval. One of the required Conditions of Approval in the resolution grants the applicants thirty (30) days to submit a Mylar Plat, and provide written evidence that all conditions outlined in the resolution have been completed. Should you choose not to complete the Use by Special Review process and provide the required Mylar Plat, the Department of Planning Services requests written notification of your decision to withdraw the application and that the use is not active on the property. Planning Services Staff is aware of the difficulty and associated delays in meeting the Conditions of Approval normally associated with land use cases, and is willing to work with you in completing your request. Please notify the Department of Planning Services, in writing, within 10 working days of your decision to complete the Use by Special Review within the next 60 days or withdraw the application. If you chose to withdraw the application please sign and date the enclosed form and return to the Weld County Department of Planning Services, Attn: Kim Ogle, 1555 North 17'"Avenue, Greeley, CO 80631. If you have further questions, please contact me at the above address or call (970) 353-6100 x 3540. Sincerely, &le Planner III pc: case file Colorado Engineering Experiment Station, Inc. 54043 County Road 37 Post Office Box 41 Nunn, Colorado 80648 July 26, 2011 Kim Ogle Department of Planning Services 1555 North 17th Avenue Greeley, CO 80631 Subject: Amended Use by Special Review Application (AmUSR-954) Dear Kim Ogle: I (We) wish to withdraw our Amended Use by Special Review Application, AmUSR-954, Thanks. Please attach documentation that the use is no longer active on the property in question. Name date Name date U.S. Postal ServiceT CERTIFIED MAIL,u, RECEIPT C (Domestic Mail Only;No Insurance Coverage ' I7' For delivery information visit our website at www.us C•M•LETE TN/s CECTI4N 4N 4ELIVE•Y _m SENDER: COMPLETE THIS SECTION d m `` '% ■ Complete items 1,2,and 3.Also complete •Ignature r` Item 4 if Restricted Delivery Is desired. y e f` Postage $ ` �u_.�._�� ❑Addy • Print your name and address on the reverse Certified Fee so that we can return the card to you. B. by(Printed Name) C. Date of Del o r • Attach this card to the back of the mailpiece, lac O Return Receipt Fee or on the front if space permits. O (Endorsement Required) lakt del i nt from 1T Yes 1. Article Addressed to: Restricted Delivery Fee nter delivery address below: ❑No (Endorsement Required)r- 0 yy �+ co Total Postage&Fees $ Caet1 A�o zTV4 -roam ri Sent To P.6. bOX a-I Wei 0p°`' rr r ,�;. Cif Sj � f� p{� `El Street,Apt.No.; LA� NV N�.1, f/yi peDD(> PService Type r or PO Box No. ft) FL erdfied Mall ❑Express Mail City,Stele,ZIP+4 r ' F,L 6 O Registered ❑Return Receipt for Mercha s rm 3 Au ust 2 Sce•eve ❑ insured Mail ❑C.O.D. Fa :rr rr6 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7010 1870 0000 4773 6690 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-I ZEES' COLORADO ENGINEERING ,CEESIOW2 EXPERIMENT STATION INC. LABORATORY/OFFICE: IOWA HIGH FLOW FACILI 54043 County Rd. 37 ...the primary source for flow measurement solutions... 2365 240th St. Nunn,Colo. 80648 Gamer,IA 50438 Phone:970-897-2711 Phone: 641-923-3664 FAX:970-897-2710 FAX:641-923-3693 Attn: Kim Ogle Department of Planning Services Greeley Planning Office 1555 North 17th Avenue Greeley, CO 80631 Subject: Amended Use by Special Review#954 Dear Mr. Ogle, Thank you, for your letter dated August 24th, 2010 and for the reminder that CEESI has some remaining tasks to complete to comply with AmUSR #954 that was conditionally approved on June 24th, 2009. AmUSR#954 is still very much active and CEESI has completed the majority of the requirements specified by Weld County. I will meet with CEESI staff over the next several weeks and offer an update and an anticipated completion date within the next two months. Sincerely, c, Eric Harman Staff Engineer, CEESI Inc. ress DEPARTMENT OF PLANNING SERVICES Greeley Planning Office liD 1555 North 17' Avenue WI D Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us O E-MAIL: kogle@co.weld.co.us PHONE (970) 353-6100, EXT. 3549 • FAX (970) 304-6498 COLORADO August 24, 2010 Eric Harmon CEESI 54043 County Road 37 Nunn, CO 80648 Subject: Amended Use by Special Review# 954 Dear Mr. Harmon: The Department of Planning Services is contacting you regarding the approval of AmUSR #954 through action of the Weld County Board of County Commissioners on June 24, 2009. This land use permit was conditionally approved pending action by the applicant of record. Review of the case file finds limited activity after the June 24, 2009 public hearing. It is important to state that Section 23-2-200.E provides timelines for completing the requirements associated with this case. For reference, the citation is as follows: "If the Use by Special Review has not commenced within three (3) years from the date of approval or is discontinued for a period of three (3) consecutive years, it shall be presumed inactive. The COUNTY shall initiate an administrative hearing to consider whether to grant an extension of time to commence the use or revoke the Use by Special Review. If the Use by Special Review is revoked, it shall be necessary to follow the procedures and requirements of this Section in order to reestablish any Use by Special Review." At the Commissioners hearing, by agreement to the Conditions of Approval, you stated that 30 days to record the AmUSR#954 plat was acceptable. The date for providing the required documents and submitting the Improvement Agreement, Collateral and recording the plat has passed. Given this condition, staff may impose Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required thirty(30) days from the date the Board of County Commissioners Resolution was approved a $50.00 recording continuance charge may be added for each additional 3 month period. The Department of Planning Services is aware of the difficulty and associated delays in meeting the Conditions of Approval normally associated with land use cases; and this office is willing to work with you. At this juncture, this office is requesting a letter from you indicating that the project has not been abandoned and that it is the intention of CEESI as property owner, to complete this project, addressing and meeting all of the conditions of approval in a timely manner. Should a written response on letterhead not be received by September 10, 2010, this office will take the appropriate action. Should you have additional questions or require clarification on any of the points presented, please contact this office. Thank you. Sincerely, Kim Ogle Planning Services pc: S.Arries,Attorney's Office Planning Correspondence File: AmUSR#954 Hello