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Home My WebLink About20102355 • BEFORE THE WELD COUNTY, COLORADO, PLANNINGCOMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Robert Grand, that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-1729 APPLICANT: Viaero Wireless PLANNER: Chris Gathman REQUEST: A Site Specific Development Plan and Use by Special Review for a Non-1041 Major Facility of a Public Utility(330-foot wireless communication tower and related accessory buildings/structures) in the A(Agricultural)Zone District. LEGAL DESCRIPTION: Part N2NE4 of Section 4,T7N, R58W of the 6th P.M., Weld County, Colorado. LOCATION: South of and adjacent to CR 86 and approximately 650 feet west of the intersection of CR 86 and CR 127. be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 23-2-370 of the Weld County Code. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-400.A. --Reasonable efforts have been made to avoid irrigated crop land or to minimize the impacts on such lands in those cases where avoidance is impractical. The proposed site is designated as"Hi Potential Dryland -Prime if Irrigated"and "Other" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. This application is proposing to locate the facility on a non-irrigated parcel. Additionally, Viaero Wireless intends to place the tower on a separate parcel of only 8.5 acres. B. Section 23-2-400.B. -- The facility will not have an undue adverse effect on existing and future development of the surrounding area as set forth in applicable Master Plans. The site is located within the three-mile referral area of the Town of New Raymer. No referral response has been received from the Town of New Raymer. C. Section 23-2-400.C. --The design of the proposed facility mitigates negative impacts on the surrounding area to the greatest extent feasible. The proposed tower site is approximately'/ mile to the west of the nearest residence,just over'/mile from the municipal limits of New Raymer, and approximately 1 mile to the northwest of the nearest residence to the south of the site. D. Section 23-2-400.D. -- The site shall be maintained in such a manner so as to control soil erosion, dust, and the growth of noxious weeds. The applicant intends to restore any vegetation disturbed during construction with the exception of the 50' x 50' fenced area, which will be graveled for fire protection and weed control. The Conditions of Approval and Development Standards will ensure that there is no fugitive dust or erosion and will ensure the control of noxious weeds. E. Section 23-2-400.E. -- The applicant has agreed to implement any reasonable measures deemed necessary by the Planning Commission to ensure that the health, safety, and welfare of the inhabitants of Weld County will be protected and to mitigate or minimize any potential adverse impacts from the proposed facility. The first Condition of Approval is that the applicant agrees to this stipulation. F. Section 23-2-400.F. — The proposed facility will be supplied by an adequate water supply which has been evaluated with reference to the impacts of the USE of such supply on agricultural USES. All reasonable steps have been taken by the applicant to minimize negative impacts on agricultural USES and lands. The proposed facility will function as an unmanned site and does not currently have water service or sanitation needs. During 2010-2355 /E-0/ &c8 Resolution USR-1729 Viaero Wireless Page 2 construction, as required by the Development Standards, bottled water will be provided for drinking, toilet facilities (port—a—potty) and handwashing units will also be provided. G. Section 23-2-400.G. -- All reasonable alternatives to the proposal have been adequately assessed and the proposed action is consistent with the best interests of the people of Weld County and represents a balanced use of resources in the affected area. In order to meet the applicant's service coverage needs a specific area was identified in which a new antenna needed to be located. H. Section 23-2-400.H. --It has been determined that the nature and location or expansion of a proposed POWER PLANT facility will not create an expansion of the demand for government services beyond the reasonable capacity of an impacted community or the COUNTY to provide such services. Where it is indicated that such an expansion of the demand for services will occur beyond the reasonable capacity to provide such services, the applicant must clearly show how such impacts will be mitigated prior to approval of the proposal by the COUNTY. This applies only in cases regarding power plants. I. Section 23-2-400.1.--It has been determined that the nature and location or expansion of the facility will meet Colorado Department of Health and County air quality standards. The Conditions of Approval and Development Standards will ensure that the nature and location of the facility will meet Colorado Department of Health and Weld County air quality standards. J. Section 23-2-400.J. --Adequate electric, gas, telephone, water, sewage and other utilities exist or can be developed to service the site. The applicant has stated that there will be a 9' x 17' equipment building, a back-up generator and a 1000-gallon buried propane tank. Electricity is located near to the site. As the site will be unmanned,other services and utilities will not be needed. K. Section 23-2-400.K. -- The nature and location or expansion of the facility will not unreasonably interfere with any significant wildlife habitat and will not unreasonably affect any endangered wildlife species, unique natural resource, historic landmark or archaeological sites within the affected area. The Colorado Division of Wildlife did not return a referral indicating a conflict with their interests. L. Section 23-2-400.L. — The applicant's engineer has certified that the drainage plans developed for and to be implemented on the site will prevent surface drainage from leaving the site which would exceed historic runoff flows. Conditions of Approval and Development Standards will ensure that historic runoff flows will be maintained. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Planning Commission approval is conditional upon the following: 1. The applicant agrees to implement any reasonable measures deemed necessary by the Planning Commission to ensure that the health, safety, and welfare of the inhabitants of Weld County will be protected and to mitigate or minimize any potential adverse impacts from the proposed facility. 2. Prior to recording the plat: A. The applicant shall address the requirements of the Department of Public Works as stated in their referral received January 27, 2010. Written evidence of such shall be provided to the Department of Planning Services. (Department of Public Works) B. The plat shall be amended to delineate the following: Resolution USR-1729 Viaero Wireless Page 3 1. All sheets of the plat shall be labeled USR-1729. (Department of Planning Services) 2. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 3. The attached Development Standards. (Department of Planning Services) 4. County Road 86 is designated on the Weld County Road Classification Plan as a local gravel road,which requires sixty(60)feet of right-of-way at full build out. There is presently 60 feet of right-of-way. The applicant shall verify the existing right-of-way and the documents creating the right-of-way and this information shall be indicated on the plat. This road is maintained by Weld County. (Department of Public Works) 5. Signature blocks for the Weld County Planning Commission and Property Owners shall be indicated on the plat. (Department of Planning Services) 6. The cell tower shall be setback 330-feet from the nearest property line(100%of the height of the proposed tower)per Section 23-4-830 A.3.b of the Weld County Code. (Department of Planning Services) C. The recorded exemption plat (RE-5004) shall be submitted for recording. (Department of Planning Services) D. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) 3. Upon completion of 1. and 2. above the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty(30)days from the date of the Planning Commissioners resolution.The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 4. In accordance with Weld County Code Ordinance 2005-7 approved June 1,2005, should the plat not be recorded within the required sixty (60) days from the date the applicatop was signed a $50.00 recording continuance charge may be added for each additional 3 month period. 5. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use by Special Review. Acceptable CAD formats are.dwg, .dxf, and .dgn(Microstation);acceptable GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is.e00. The preferred format for Images is.tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to dhuerter(a�co.weld.co.us (Department of Planning Services) 6. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) 7. Prior to Release of Building Permits: A. A building permit shall be obtained prior to the change of use, or construction of any new structures. (Department of Building Inspection) B. A plan review is required for each building for which a building permit is required. Two complete sets of plans are required when applying for each permit. Include a Code Analysis Data sheet provided by the Weld County Building Department with each Building permits Submittal plans shall include a floor plan showing the specific uses of each area for the Resolution USR-1729 Viaero Wireless Page 4 building. The Occupancy Classification will be determined by Chapter 3 of the 2006 International Building Code. (Department of Building Inspection) C. Buildings shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2006 International Building Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2006 International Fuel Gas Code; and the 2008 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) D. All building plans shall be submitted to New Raymer-Stoneham Fire Protection District for review and approval prior to issue of Building Permits. (Department of Building Inspection) Motion seconded by Bill Hall. VOTE: For Passage Against Passage Absent Robert Grand Bill Hall Tom Holton Alexander Zauder Erich Ehrlich Roy Spitzer Mark Lawley Nick Berryman Jason Maxey The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. CERTIFICATION OF COPY I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission,do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on March 2, 2010. Dated the 2nd of March, 2010. 41)tit..),,kurvu Kristine Ranslem Secretary SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Viaero Wireless USR-1728 1. A Site Specific Development Plan and Special Review Permit for a Non-1041 Major Facility of a Public Utility(330-foot wireless communication tower and related accessory buildings/structures) in the A(Agricultural) Zone District. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20- 100.5, C.R.S., as amended)shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S.,as amended. (Department of Public Health and Environment) 5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) 6. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public Health and Environment) 7. This facility shall adhere to the maximum permissible noise levels allowed in the Non-Specified Area as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and Environment) 8. Adequate toilet facilities (portable toilets) and hand washing units shall be provided during facility construction. (Department of Public Health and Environment) 9. Bottled water shall be utilized for drinking during construction of the project. (Department of Public Health and Environment) 10. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. (Department of Public Health and Environment) 11. The applicant shall comply with all provisions of the State Underground and Above Ground Storage Tank Regulations. (Department of Public Health and Environment) 12. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 13. The access drive shall be surfaced with gravel, recycled asphalt of the equivalent and shall be graded to prevent drainage problems. (Department of Public Works) 14. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions,concentration and/or unplanned ponding of storm run-off. (Department of Public Works) 15. The access drive shall be surfaced with gravel, recycled asphalt or the equivalent and shall be graded to prevent drainage problems. (Department of Public Works) 16. The access drive shall be a minimum width of 20 feet to meet emergency equipment(fire department) requirements. (Department of Public Works) Resolution USR-1729 Viaero Wireless Page 6 17. If a drainage culvert is required, a 15-inch corrugated metal pipe is the County's minimum size requirement. If the applicant chooses to place a larger culvert, please contact the Public Works Department to adequately size your culvert. (Department of Public Works) 18. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. All vegetation,other than grasses, needs to be maintained at a maximum height of 12 inches until the area is completely developed. (Department of Public Works) 19. A building permit shall be obtained prior to the change of use, or construction of any new structures. (Department of Building Inspection) 20. A plan review is required for each building for which a building permit is required.Two complete sets of plans are required when applying for each permit. Include a Code Analysis Data sheet provided by the Weld County Building Department with each Building permits Submittal plans shall include a floor plan showing the specific uses of each area for the building. The Occupancy Classification will be determined by Chapter 3 of the 2006 International Building Code. (Department of Building Inspection) 21. Buildings shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2006 International Building Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2006 International Fuel Gas Code; and the 2008 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 22. All building plans shall be submitted to New Raymer-Stoneham Fire Protection District for review and approval prior to issue of Building Permits. (Department of Building Inspection) 23. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) 24. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) (Department of Planning Services) 25. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. (Department of Planning Services) 26. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. (Department of Planning Services) 27. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. 28. 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 or abandoned. The county shall initiate an administrative hearing to consider whether to grant an extension of time to commence the use or revoke the use. If the use is revoked, it shall be necessary to follow the procedures and requirements of this Division in order to reestablish any subsequent Use by Right or Use by Special Review. Upon the determination that the use has been abandoned, the facility owner has ninety(90)days to re-use the facility or transfer the facility to another owner who will re-use it. Evidence of such shall be provided, in writing, to the Department of Planning Services. 29. Collocation of other antenna by other service providers shall be permitted on the tower. (Department of Planning Services) Resolution USR-1729 Viaero Wireless Page 7 30. Personnel from the Weld County Government shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. (Department of Planning Services) 31. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. (Department of Planning Services) 32. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. (Department of Planning Services) 3 a - aofb Mr. Hirsekorn stated that he was proceeding on the advice of staff. He requested that this application be approved with the standard the way it was so that they can go back and negotiate with the landowner to see if they can get more land so this does not hold up the project. Mr. Hirsekorn mentioned that there is a petition of over 40 people which have said they need to have some service out there. To address Mr. Stults' concerns he commented that having communication available out there will enhance the value of a property. He added that they are bringing more than cell service out there. They are in the process of deploying 3G service so that internet service will be available through the wireless service. Commissioner Maxey asked if the applicant has looked at other locations in that area which might be further away from residences. Mr. Hirsekorn indicated that they have looked at several locations and added that there are three factors that determine the location of the site: 1) it needs to meet the coverage area for which they are proposing, 2) needs to have microwave link ability for line of sight, and 3) need to have a willing landowner. This location met all three of those factors. He added that he looked at locations for approximately 4 months prior to finding this site. The Chair asked the applicant if they have read through the amended Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement. Robert Grand moved that Case USR-1728 be approved along with the amended Conditions of Approval and Development Standards, seconded by Roy Spitzer. The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick Berryman,yes; Erich Ehrlich,absent; Robert Grand,yes with comment; Bill Hall,yes;Alexander Zauder,Yes; Jason Maxey, yes; Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously. Commissioner Grand commented the applicant deserves to get good information from staff and suggested that we work harder on that in the future. The Chair called a recess at 2:25 pm and reconvened at 2:31 pm. The Chair read the following case into record. CASE NUMBER: USR-1729 APPLICANT: Viaero Wireless PLANNER: Chris Gathman REQUEST: A Site Specific Development Plan and Use by Special Review fora Non-1041 Major Facility of a Public Utility(330-foot wireless communication tower and related accessory buildings/structures) in the A(Agricultural)Zone District. LEGAL DESCRIPTION: Part N2NE4 of Section 4,T7N, R58W of the 6th P.M., Weld County, Colorado. LOCATION: South of and adjacent to CR 86 and approximately 650 feet west of the intersection of CR 86 and CR 127. Chris Gathman, Planning Services, commented that this site is approximately 1/2 mile west of the nearest residence and just over''/:mile from the municipal town limits of New Raymer and approximately 1 mile to the northwest of the nearest residence to the south of the site. Nine referrals were sent to outside referral agencies; five(5) referral responses received either indicated no concerns or are addressed through the approval of conditions and development standards. Staff did not receive referrals from the West Greeley Soil Conservation District, New Raymer Fire Protection District, Division of Wildlife, and the Town of New Raymer. No letters have been received from surrounding property owners in regard to this case. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. 5 Mr. Gathman indicated on a visual slide that the tower will be located in the northeastern corner of the site. Mary Evett, Environmental Health, commented that they have the same comments as the previous case along with the correction to Development Standard 7 regarding the noise level in a non-specified area. Robert Grand moved to amend Development Standard 7 as recommended by staff, seconded by Jason Maxey. Motion carried. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Carey Wickstrom, 33038 CR 4, commented that they farm, ranch and feed cattle in Weld County. He said that in some areas they have cell phone coverage and in some areas they do not have coverage. He added that in the world we live in anymore it is pretty important for the operation of their business to have coverage to talk to their employees, cattle buyers, etc. He stated that his kids go to school and spend a large amount of time on the buses and there is no cell service through that area. It is important for their safety to be able to talk to or get a hold of them if we need to. He urged the Planning Commission to approve all three proposed sites because they need coverage. Del Northup, landowner, encouraged to approve this application. Mr. Northup reiterated Mr. Wickstrom's comments in regard to coverage areas. He added that there are many areas in their Fire District where there is no coverage. The Chair closed the public portion of the meeting. The Chair asked the applicant if they have read through the amended Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement. Robert Grand moved that Case USR-1729 be approved along with the amended Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval,seconded by Bill Hall. The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick Berryman,yes; Erich Ehrlich, absent; Robert Grand, yes; Bill Hall, yes;Alexander Zauder,yes; Jason Maxey, yes; Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously. CASE NUMBER: USR-1730 APPLICANT: Viaero Wireless PLANNER: Chris Gathman REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Non- 1041 Major Facility of a Public Utility(330-foot wireless communication tower and related accessory buildings/structures) in the A(Agricultural)Zone District. LEGAL DESCRIPTION: Lot B RE-3624; located in Part of the NE4 of Section 29, T2N, R62W of the 6th P.M., Weld County, Colorado. LOCATION: South of and adjacent to CR 18 and approximately 500 feet west of CR 77. Chris Gathman, Planning Services, commented that this proposed tower is located in a rural agricultural area. The nearest residence is located approximately 500 feet from the site. Other residences in the area are located approximately 1500, 1700, and 2200 feet from the proposed wireless tower. No correspondence has been received from surrounding property owners in regard to this proposal. Staff is concerned with the proximity of the tower to the existing residence located southeast of the tower site. The tower site is located approximately in the northeastern portion of the site. Mr. Gathman indicated that the applicant has attempted on numerous occasions to contact this neighboring property owner with no success. Seven referrals were sent to outside referral agencies; five (5) referral responses that were received either indicated no concerns or are addressed through the conditions of approval or development standards. The Department of Planning Services recommends approval with the attached conditions of approval and development standards. 6 i \ LAND USE APPLICATION T \I SUMMARY SHEET COLORADO Case Number USR-1729 Hearing Date: March 2, 2010 Applicant: Delwyn Northup Address: Viaero Wireless—Bob Hirsekorn 1224 Platte Avenue Fort Morgan CO 80701 Request: A Site Specific Development Plan and Special Review Permit for a Non-1041 Major Facility of a Public Utility (330-foot wireless communication tower and related accessory buildings/structures) in the A(Agricultural) Zone District Legal Description: Part of the N2NE4 of Section 4, Township 7 North, Range 58 West of the 6th P.M., Weld County, Colorado Location: South of and adjacent to County Road 86 and approximately 650 feet west of the intersection of County Road 90 and County Road 127 Size of Parcel: 286 +/-acres (USR site: +/-8.5 acres) POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received responses with comments from the following agencies: • Weld County Zoning Compliance, referral received 1/5/2010 • Weld County Department of Public Health and Environment, referral received 1/25/2010 • Weld County Department of Public Works, referral received 1/27/2010 • Weld County Department of Building Inspection, referral received 12/29/2009 • Colorado Department of Transportation, referral received 1/5/2010 The Department of Planning Services' staff has not received responses from the following agencies: • West Greeley Soil Conservation District • Raymer Fire Protection District • Town of New Raymer • Colorado Division of Wildlife USR-1729 Viaero Wireless page 1 of 8 SPECIAL REVIEW PERMIT h iDe ADMINISTRATIVE REVIEW COLORADO Planner Chris Gathman Case Number: USR-1729 Hearing Date: March 2, 2010 Applicant: Viaero Wireless Address: Viaero Wireless— Bob Hirsekorn 1224 Platte Avenue Fort Morgan CO 80701 Request: A Site Specific Development Plan and Special Review Permit for a Non-1041 Major Facility of a Public Utility (330-foot wireless communication tower and related accessory buildings/structures) in the A(Agricultural)Zone District Legal Description: Part of the N2NE4 of Section 4, Township 7 North, Range 58 West of the 6th P.M., Weld County, Colorado Location: South of and adjacent to County Road 86 and approximately 650 feet west of the intersection of County Road 90 and County Road 127 Size of Parcel: 286 +/-acres (USR site: 4-8.5 acres) Parcel Number: 0723 04 0000018 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 23-2-370 of the Weld County Code. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-400.A. --Reasonable efforts have been made to avoid irrigated crop land or to minimize the impacts on such lands in those cases where avoidance is impractical. The proposed site is designated as "High Potential Dry Cropland - Prime if Irrigated" and "Other" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. This application is proposing to locate the facility on a non-irrigated parcel. Additionally, Viaero Wireless intends to place the tower on a separate parcel of only 8.5 acres. B. Section 23-2-400.B. -- The facility will not have an undue adverse effect on existing and future development of the surrounding area as set forth in applicable Master Plans. The site is located within the 3-mile referral area of the Town of New Raymer. No referral response has been received from New Raymer indicating a conflict with their interests. Development Standards and conditions of approval will ensure that impacts to the surrounding area are mitigated to the greatest extent feasible. USR-1729 Viaero Wireless page 2 of 8 C. Section 23-2-400.C. -- The design of the proposed facility mitigates negative impacts on the surrounding area to the greatest extent feasible. The proposed wireless tower site is located approximately % mile to the nearest residence to the east and approximately 1 mile from the nearest residence to the southwest. The Town limits of New Raymer are located approximately % mile to the east. D. Section 23-2-400.D. -- The site shall be maintained in such a manner so as to control soil erosion, dust, and the growth of noxious weeds. The applicant intends to restore any vegetation disturbed during construction with the exception of the 50' x 50' fenced area, which will be graveled for fire protection and weed control. The Conditions of Approval and Development Standards will ensure that there is no fugitive dust or erosion and will ensure the control of noxious weeds. E. Section 23-2-400.E. -- The applicant has agreed to implement any reasonable measures deemed necessary by the Planning Commission to ensure that the health, safety, and welfare of the inhabitants of Weld County will be protected and to mitigate or minimize any potential adverse impacts from the proposed facility. The first Condition of Approval is that the applicant agrees to this stipulation. F. Section 23-2-400.F. — The proposed facility will be supplied by an adequate water supply which has been evaluated with reference to the impacts of the USE of such supply on agricultural USES. All reasonable steps have been taken by the applicant to minimize negative impacts on agricultural USES and lands. The proposed facility will function as an unmanned site and does not currently have water service or sanitation needs. During construction, as required by the Development Standards, bottled water will be provided for drinking, toilet facilities (port—a—potty) and handwashing units will also be provided. G. Section 23-2-400.G. -- All reasonable alternatives to the proposal have been adequately assessed and the proposed action is consistent with the best interests of the people of Weld County and represents a balanced use of resources in the affected area. In order to meet the applicant's service coverage needs a specific area was identified in which a new antenna needed to be located. (Check Arc Map for towers in the area). H. Section 23-2-400.H. -- It has been determined that the nature and location or expansion of a proposed POWER PLANT facility will not create an expansion of the demand for government services beyond the reasonable capacity of an impacted community or the COUNTY to provide such services. Where it is indicated that such an expansion of the demand for services will occur beyond the reasonable capacity to provide such services, the applicant must clearly show how such impacts will be mitigated prior to approval of the proposal by the COUNTY. This applies only in cases regarding power plants. I. Section 23-2-400.1. -- It has been determined that the nature and location or expansion of the facility will meet Colorado Department of Health and County air quality standards. The Conditions of Approval and Development Standards will ensure that the nature and location of the facility will meet Colorado Department of Health and Weld County air quality standards. J. Section 23-2-400.J. --Adequate electric, gas, telephone, water, sewage and other utilities exist or can be developed to service the site. The applicant has stated that there will be a 9' x 17' equipment building, a back-up generator and a 1000-gallon buried propane tank. Electricity is located near to the site. As the site will be unmanned, other services and utilities will not be needed. K. Section 23-2-400.K. -- The nature and location or expansion of the facility will not unreasonably interfere with any significant wildlife habitat and will not unreasonably affect USR-1729 Viaero Wireless page 3 of 8 any endangered wildlife species, unique natural resource, historic landmark or archaeological sites within the affected area. The Colorado Division of Wildlife did not return a referral indicating a conflict with their interests. L. Section 23-2-400.L. — The applicant's engineer has certified that the drainage plans developed for and to be implemented on the site will prevent surface drainage from leaving the site which would exceed historic runoff flows. Conditions of Approval and Development Standards will ensure that historic runoff flows will be maintained. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The applicant agrees to implement any reasonable measures deemed necessary by the Planning Commission to ensure that the health, safety, and welfare of the inhabitants of Weld County will be protected and to mitigate or minimize any potential adverse impacts from the proposed facility. 2. Prior to recording the plat: A. Improvements Agreement? (check with Heidi-Rich). (Department of Planning Services) B. The applicant shall address the requirements of the Department of Public Works as stated in their referral received January 27, 2010. Written evidence of such shall be provided to the Department of Planning Services. (Department of Public Works) C. The plat shall be amended to delineate the following: 1. All sheets of the plat shall be labeled USR-1729. (Department of Planning Services) 2. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 3. The attached Development Standards. (Department of Planning Services) 4. County Road 86 is designated on the Weld County Road Classification Plan as a local gravel road, which requires sixty (60) feet of right-of-way at full build out. There is presently 60 feet of right-of-way. The applicant shall verify the existing right-of-way and the documents creating the right-of-way and this information shall be indicated on the plat. This road is maintained by Weld County. (Department of Public Works) 5. Signature blocks for the Weld County Planning Commission and Property Owners shall be indicated on the plat. (Department of Planning Services) C. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) 3. Upon completion of 1. and 2. above the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty (30) days from the date of the Planning Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 4. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat USR-1729 Viaero Wireless page 4 of 8 not be recorded within the required sixty (60) days from the date the applicatop was signed a $50.00 recording continuance charge may be added for each additional 3 month period. 5. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to maos(cilco.weld.co.us. (Department of Planning Services) 6. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) 7. Prior to Release of Building Permits: A. A building permit shall be obtained prior to the change of use, or construction of any new structures. (Department of Building Inspection) B. A plan review is required for each building for which a building permit is required. Two complete sets of plans are required when applying for each permit. Include a Code Analysis Data sheet provided by the Weld County Building Department with each Building permits Submittal plans shall include a floor plan showing the specific uses of each area for the building. The Occupancy Classification will be determined by Chapter 3 of the 2006 International Building Code. (Department of Building Inspection) C. Buildings shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2006 International Building Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2006 International Fuel Gas Code; and the 2008 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) D. All building plans shall be submitted to New Raymer-Stoneham Fire Protection District for review and approval prior to issue of Building Permits. (Department of Building Inspection) SITE SPECIFIC DEVELOPMENT PLAN USR-1729 Viaero Wireless page 5 of 8 SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Viaero Wireless USR-1729 1. A Site Specific Development Plan and Special Review Permit for a Non-1041 Major Facility of a Public Utility (330-foot wireless communication tower and related accessory buildings/structures) in the A(Agricultural) Zone District. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30- 20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment) 5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) 6. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public Health and Environment) 7. This facility shall adhere to the maximum permissible noise levels allowed in Residential? Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and Environment) 8. Adequate toilet facilities (portable toilets) and hand washing units shall be provided during facility construction. (Department of Public Health and Environment) 9. Bottled water shall be utilized for drinking during construction of the project. (Department of Public Health and Environment) 10. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. (Department of Public Health and Environment) 11. The applicant shall comply with all provisions of the State Underground and Above Ground Storage Tank Regulations. (Department of Public Health and Environment) 12. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 13. The access drive shall be surfaced with gravel, recycled asphalt of the equivalent and shall be graded to prevent drainage problems. (Department of Public Works) 14. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. (Department of Public Works) 15. The access drive shall be surfaced with gravel, recycled asphalt or the equivalent and shall be graded to prevent drainage problems. (Department of Public Works) USR-1729 Viaero Wireless page 6 of 8 16. The access drive shall be a minimum width of 20 feet to meet emergency equipment (fire department) requirements. (Department of Public Works) 17. If a drainage culvert is required, a 15-inch corrugated metal pipe is the County's minimum size requirement. If the applicant chooses to place a larger culvert, please contact the Public Works Department to adequately size your culvert. (Department of Public Works) 18. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. All vegetation, other than grasses, needs to be maintained at a maximum height of 12 inches until the area is completely developed. (Department of Public Works) 19. A building permit shall be obtained prior to the change of use, or construction of any new structures. (Department of Building Inspection) 20. A plan review is required for each building for which a building permit is required. Two complete sets of plans are required when applying for each permit. Include a Code Analysis Data sheet provided by the Weld County Building Department with each Building permits Submittal plans shall include a floor plan showing the specific uses of each area for the building. The Occupancy Classification will be determined by Chapter 3 of the 2006 International Building Code. (Department of Building Inspection) 21. Buildings shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2006 International Building Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2006 International Fuel Gas Code; and the 2008 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 22. All building plans shall be submitted to New Raymer-Stoneham Fire Protection District for review and approval prior to issue of Building Permits. (Department of Building Inspection) 23. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) 24. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) (Department of Planning Services) 25. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. (Department of Planning Services) 26. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. (Department of Planning Services) 27. Viaero Wireless shall, within ninety days after abandonment, remove its building, antenna structure, equipment and all personal property and restore the premises to its original condition, reasonable wear and tear excepted. 28. Collocation of other antenna by other service providers shall be permitted on the tower. (Department of Planning Services) 29. Personnel from the Weld County Government shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the USR-1729 Viaero Wireless page 7 of 8 Development Standards stated herein and all applicable Weld County regulations. (Department of Planning Services) 30. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. (Department of Planning Services) 31. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. (Department of Planning Services) USR-1729 Viaero Wireless page 8 of 8 Request: A Site Specific Development Plan and Special Review Permit for a Non-1041 Major Facility of a Public Utility (330-foot wireless communication tower and related accessory buildings/structures) in the A (Agricultural) Zone District. Since this is a non-1041 Major Facility of a Public Utility. The Planning Commission is the final decision body for this application. Description of Surrounding Area: The proposed tower site is approximately '/ mile to the west of the nearest residence, just over 'A mile from the municipal limits of New Raymer, and approximately 1 mile to the northwest of the nearest residence to the south of the site. Referrals: 9 referrals were sent to outside referral agencies. 5 referral responses either indicating no concerns or approval with. These are included in the conditions of approval/development standards for this application. No referrals were received from West Greeley Soil Cons. District, Raymer Fire Protection District, Colorado Division of Wildlife, Town of New Raymer. The site is located within the 3-mile referral area of New Raymer. Property Line Setbacks: Consistent with the requirements of the Weld County Code, the Department of Planning Services has attached a condition that the cell tower shall be setback 330-feet from the nearest property line (100% of the height of the proposed tower) per Section 23-4-830 A.3.b of the Weld County Code. The applicant is requesting that the Planning Commission approve a lesser setback. The applicant has provided a stamped letter from an engineer that indicates that if a tower failed it would likely occur due to buckling (due to excessive wind speeds). The letter indicates that while it is impossible to predict the exact position of a fallen tower, in case of a guyed tower, the fall radius would likely be within the guy radius. Surrounding Property Owner Letters: No letters have been received from surrounding property owners in regards to this case. The Department of Planning Services recommends approval of this application with the attached development standards and conditions of approval. Mary Evett — Department of Public Health and Heidi Hansen — Department of Public Works are available as well and I would be happy to answer any questions at this time. - `k 6,,r Plat Checklist POC Planner Item Comments Check Check Proper size and material 24"x 36" or 18" x 24"/Minimum 3 millimeter polyester sheet Lettering No stick-on lettering / Minimum 8 pt. lettering Boundaries of Lots Scale Suitable Scale? (1"=200'or 1"=100') Accesses indicated Shared Access?If so, is easement Certificate included? Roads labeled, including 17)CO-C a FP‘( g�-OC \2-- 'i R.O.W Building Envelope(s) N/1\ Vicinity Map Suitable Scale?(Minimum 1" =2000') North Arrow t� Legal Description r� Notes from Planner/ Development Standards Conditions of Approval Owners Certificate Notarial Certificate included?All owners must sign the plat, check the deed. Surveyors Certificate and All surveyed plats CZ- Surveyors Stamp Note: USR plats do not need to be surveyed Director of Planning Notarial Certificate included?(RE, SE, SPR, Final PUD if Staff N ' Certificate Approved) Planning Commission (USR, COZ, Minor Sub. Final) 7 F2A- Certificate 2 Board Certificate (USR, COZ„ Minor Sub Final) I (Final PUD, RE, SE&ZPMH if Board approved) / pp Typical Road Cross Section (COZ, Final Minor Sub. and Final PUD) / Easements I v�I fc Please return the plat to the CAD Technician within 24 hours of receiving the plat. L S C J'\ • Planner on Call: (Initials) Planner Signature: Date: 4-22— -1�ic1 i 3; .— ! Chris Gathman From: Chris Gathman Sent: Wednesday, March 31, 2010 4:22 PM To: 'Dan Griggs' Cc: Bob D. Hirsekorn' Subject: RE: Viaero Wireless New Raymer Plats Dan, I have reviewed these plats. I have a few changes - USR-1729: * Change the Planning Commission Certificate to read: "This is to certify that the Weld County Planning Commission does hereby confirm and adopt this Site Specific Development Plan and Use by Special Review as shown and described thereon this day of , 20_ * Indicate USR boundaries in dark lines all the way around. * Remove the Clerk & Recorder's Certificate. * Indicate reference to when right-of-way was created for County Road 86 (Book & Page) . * Make the topo lines and lighter shade so it is easier to read. * Lightly shade the site location on the vicinity map. RE-5003: * Indicate reference to when right-of-way was created for County Road 86 (Book & Page). * Remove the Clerk & Recorder's Certificate. * Lightly shade the site location on the vicinity map. Sincerely, Chris Gathman Planner III Weld County Department of Planning Services 918 10th Street, Greeley, CO. 80634 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 Original Message From: Dan Griggs [mailto:griggsdan@gmail.com] Sent: Wednesday, March 31, 2010 10:02 AM To: Chris Gathman Subject: Viaero Wireless New Raymer Plats Chris, Here are the New Raymer site Special Review Plan Maps a Recorded Exemption Plats. Dan Griggs 1 • A Kristine Ranslem From: Kristine Ranslem Sent: Monday, January 04, 2010 4:24 PM To: 'Erich Ehrlich' Subject: USR-1729 Field Inspection Attachments: usr1729.docx We have just received a case (USR-1729) in which we ask that you review the material and send a referral to us by February 4, 2010. The following is a quick link to the case in question: http://www.co.weld.co.us/redesign/Planning/PlanninqDepartment/index.html Attached is the field inspection sheet. If you have any problems or have any questions, please don't hesitate to contact me at the number below. Thank you! ICYLrtLvue Rainstew, Planning Technician Weld County Planning Services 918 10 Street, Greeley CO 80631 970-353-6100 ext. 3519 1 • • a v DEPARTMENT OF PLANNING SERVICES 918 10TH Street I GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 C. FAX: (970) 304-6498 COLORADO January 4,2010 Viaero Wireless Bob Hirsekorn 1224 W Platte Av Ft. Morgan CO 80701 Subject: USR-1729 - Request for a Site Specific Development Plan and Use by Special Review for a Non-1041 Major Facility of a Public Utility (330-foot wireless communication tower and related accessory buildings/structures) in the A (Agricultural) Zone District on a parcel of land described as Part N2NE4 of Section 4, T7N, R58W of the 6th P.M.,Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are being processed. I will schedule a meeting with you to discuss the referrals after we have received them. Once the concerns and requirements of the referral agencies have been met or the applicant has shown an attempt to meet their concerns and requirements, a Planning Commission Hearing will be scheduled. If you have any questions concerning this application, please call. Respectfully, .44cc1 Reason:I have reviewed this document Location:918 10th St,Greeley CO L)AAA4 A"'°------- Date:2010.01.04 15:33:23-07'00' Chris Gathman Planner J '- • WELD COUNTY • COMPLETENESS REVIEW REVIEW DATE: December 14, 2009 TYPE OF APPLICATION: Use by Special Review (USR) for an 330-foot communication tower LEGAL DESCRIPTION: Part of theN2NE4 4-7-58 COMPANY NAME/REPRESENTATIVE/OWNER: Property Owner— Northup Applicant —Viaero Wireless — Bob Hirsekorn PARCEL NUMBER: 0723-04-000018 SECTION - TOWNSHIP - RANGE: 4-7-58 PLEASE NOTE: The following completeness review notes are provided as a courtesy to the applicant. While we strive to identify significant issues, the following notes may not identify all issues, even major ones that may be raised during the formal review of your application. The information contained herein has been placed on file with the Department of Planning Services. Please submit a copy of this form when you submit a formal Land Use Application. If you have any questions regarding the process and/or application please call Chris Gathman at 970-353-6100 extension 3537, or email at cgathman@co.weld.co.us REVIEW: After the completeness review process, please submit your formal Land Use Application to the Department of Planning Services. Be sum all items on the submittal checklist are submitted in addition to the items outlined in the pre-application meeting and completeness review. An incomplete Land Use Application submittal will not be accepted. Staff requires that the applicant submit the information requested below REVIEW STAFF: Planning: Chris Gathman: cgathmanaco.weld.co.us 970-353-6100 ext. 3537 Public Works: Clay Kimmi hhansenco.weld.co.us 970-356-4000 ext. 3750 Health: Lauren Light Iliohtaco.weld.co.us 970 356 4000 ext 2702 Building: Ken Swanson kswansonna.co.weld.co.us 970 356 4000 ext. 3540 Weld County Department of Planning Services Greeley Office 918 10th Street, Greeley CO 80631 Phone: 970-353-6100 x3540 Fax: 970-304-6498 • • WELD COUNTY PLANNING COMMENTS The Department of Planning Services has completed its 7-Day Completeness Review and requires the following items to be addressed: Provide the following with the application submittal: • Provide a complete Certificate of Conveyance (with cover sheet dated within 30- days) • A digital copy of the application (if you have the capability to scan in the application) FYI: The applicant indicated in the November 20, 2009 pre-application meeting that the applicant intends to purchase the area that the proposed cellular tower is to be placed upon. Though not a requirement of this application submittal, a recorded exemption application will be required to be submitted, approved and submitted for recording as a condition of approval for this application. BUILDING COMMENTS Building Department has no comments. PUBLIC WORKS COMMENTS Weld County Public Works has received the submittal application for the 7 Day Completeness Review. This phase of the planning process is a content review of the submitted materials, NOT a technical review. Comments made during this phase of the process will not be all-inclusive, and will address the critical issues of concern including but not limited to the Site Plan, Traffic Study, Preliminary Drainage Report, Geotechnical Soils Report, and Flood Hazard Development Permit. The Public Works Department will perform a detailed technical review of the project once the submittal application is deemed acceptable and is promoted to the review phase of the planning process. For Public Works comments please see the Public Works memorandum dated December 14, 2009. The applicant shall provide the following: • A revised site plan showing the access point and access road. HEALTH DEPARTMENT COMMENTS The Health Department has indicated no additional information is required from their Department for submittal. Weld County Department of Planning Services Greeley Office 918 10th Street, Greeley CO 80631 Phone: 970-353-6100 x3540 Fax: 970-304-6498 wrhe6,, MEMORANDUM I� TO: Chris Gathman, Planning Services DATE: 12/14/2009 C FROM: Heidi Hansen, P.E., Public Works Department COLORADO SUBJECT: 7-Day Completeness Review, PA09-123 Viaero Wireless-Northup Weld County Public Works has received the submittal application for the 7-Day Completeness Review. This phase of the planning process is a content review of the submitted materials, NOT a technical review. Comments made during this phase of the process will not be all-inclusive, and will address the critical issues of concern including but not limited to the Site Plan, Traffic Study, Preliminary Drainage Report, Geotechnical Soils Report, and Flood Hazard Development Permit. The Public Works Department will perform a detailed technical review of the project once the submittal application is deemed acceptable and is promoted to the review phase of the planning process. Site Plan Review: The proposed access point and access road must be shown on the site plan. The access shall be a graded and drained road to provide an all-weather access. Contact the Public Works Traffic Engineer for new access requirements. Road Access Policy: (Policy Established Sec. 8-2-10) If a drainage culvert is required, a 15-inch corrugated metal pipe is the County's minimum size requirement. If the applicant chooses to place a larger culvert, please contact the Public Works Department to adequately size your culvert. Contact Clay Kimmi for drainage requirements at 970-304-6496. Traffic Study: No traffic study will be required. Preliminary Drainage: No preliminary drainage report will be required; however, the historical flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. The applicant must take into consideration storm water capture/quantity and provide accordingly for best management practices. Geotechnical Soil Report: The applicant provided a geotechnical report prepared by Terracon Consultants, Inc. and dated June 1,2007. This report will be reviewed in detail with the application. Special Flood Hazard Area: This area is not in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency(FEMA). Summary: A revised site plan showing the access point and access road needs to be submitted before Public Works can conduct a full review of the application. pc: Viaero Wireless-Northup C:\Documents and Settings\cgathman\Local Settings\Temporary Internet Files\Content.Outlook\B66R7M8E\PA09-123 Viaero Wireless-Northup.docx docx 7 Day Completeness Review Subject: USR for a Major Facility of a Public Utility (330- cellular communication tower) Legal: Part NE4 4-7-58; Location: South of & adjacent to CR 86 and approximately 1 .75 miles east of CR 123 Applicant Name: Viaero Wireless Property Owner: Northup Planner: Chris Gathman Department: Public Works Health IS Planning Comments: Name: Date: Date: December 8, 2009, Comments due no later than December 15, 2009 • • 7 Day Completeness Review Subject: USR for a Major Facility of a Public Utility (330- cellular communication tower) Legal: Part NE4 4-7-58; Location: South of& adjacent to CR 86 and approximately 1 .75 miles east of CR 123 Applicant Name: Viaero Wireless Property Owner: Northup Planner: Chris Gathman Department: Public Works cal :uildin_ Planning Comments: 'r P ref,A- t he rFre 7 Ail a/2z.4-we ;It attic /u2 3/4)tGV Name: Date: l2 _9 _c-1 Date: December 8, 2009, Comments due no later than December 15, 2009 SITE SPEC DEVELOPMENT PLAN AND USE BY spaiL �` • REVIEW(N) PROCEDURAL GUIDE SUBMITTAL CHEQ T I UO�� ye APPLICATION REQUIREMENTS: V. One original application form (additional copies may be required, on request of the Department of Planning Services) v One copy of the Special Review plat map (24"X 36") - see attached page eight for map requirements One 8-1/2"x 11"reduced copy of the(24"X 36") Special Review plat One digital or electronic copy of completed application materials, if required v One original Special Review Use questionnaire EV One original Weld County Road Access Information Sheet Nii n One copy of document showing evidence of adequate water supply (e.g. well permit or letter from water district). If using a well, please complete the attached Water Supply Information Summary. PIA One copy of document showing evidence of adequate sewage disposal (e.g. septic permit or letter from the sanitary �f sewer district) / `�One copy of deed or legal instrument identifying applicant's interest in the property "`��O One original Certificate of Conveyances form and any attachments, completed within thirty days of the application submission date One copy of Soils Report(soils reports are available from local soil conservation service offices or at www.nres.com) C- boo —{Zc l^ One copy of affidavit and certified list of the names, addresses and the corresponding parcel identification number assigned by the Weld County Assessor of the owners'of property(the surface estate)within five hundred feet of property being considered. This list shall be compiled from the records of the Weld County Assessor, the Weld County Website, www.co.weld.co.us.,or a person qualified to do the task, and shall be current as of a date no more L_________than thirty days prior to the date the application is submitted to the Department of Planning Services. One original Emergency Information Sheet (for Commercial only) OAP Notice of Inquiry if located within an Intergovernmental Agreement (IGA) boundary Application fee Investigation fee, if required (fifty percent of permit fee) Special Review plat recording fee ($11.00 first page+$10.00 each additional page) Preliminary Drainage Report — NIA Preliminary Traffic Study ,N IA Flood Hazard Development Permit(FHDP) \ I 'I rl Geologic Hazard Development Permit (GHDP) Packets shall be bound with either paper clips or binder clips (no substitutes). Applications bound in any other fashion may be returned to the applicant without review. The applicant shall submit 4 packets for a 7 day completeness review in the order listed below. Packet 1 will contain one original of all of the above Packets 2—4 will contain one copy of all of the above Updated 08-01.09 -1- UPS APPLICATION LONG FLOW SHEET II AW CQUA�lOO APPLICANT: Viaero Wireless(Northup) CASE#: USR-1729 REQUEST: A Site Specific Development Plan and a Special Review Permit for a Non-1041 major facility of a public utility(330-foot wireless communication tower and related accessory buildings/structures) in the A (Agricultural) Zone District. LEGAL: Part N2NE4 of Section 4, T7N, R58W of the 6th P.M., Weld County, CO LOCATION: South of and adjacent to County Road 86 and approximately 650 feet west of the intersection of6wntyrRQpd- and County Road 127 PARCEL ID#: 072304000018 ACRES: +/-286 (USR site: +/-8.5 acres) To be completed by Planner: Date By Application Received 12/22/2009 PC Hearing Action: Utility Board Date Design Review Date Application Complete and Sent to Office Tech PC Sign to be Posted By: Field Check and Sign Posted CC Hearing Action: pt! (F �& .s�fa1O CC Sign to be Posted By: CC Sign Posted To be completed by Office Tech: Date(Sent) Date(Due) By Referrals Certified Mail to: Letter to Applicant Chaindexed Surrounding Property/Mineral Owners Notified IQ ° Date Legal Notice Sent to County Newspaper Date Legal Notice to be Published in County Newspaper File Completed and given to Planner To be completed by CAD Tech: /, Date Plat Recorded and Filed .G 7,0 �O £/J ( I0 afr Overlay Districts H� Q -"L* ' _ ��M�ilz�ruc ei Zoning Agricultural Geologic Yes_ No_X_ Airport Yes_ No_X_ Flood Hazard Yes No_X_ Panel#080266 I NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held before the Weld County Planning Commission in the Hearing Room, Weld County Planning Department, 918 10th St, Greeley, Colorado. The complete case file may be examined by calling the Department of Planning Services at(970) 353-6100 to make arrangements with the case planner. If a court reporter is desired for the hearing, please advise the Department of Planning Services, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Department of Planning Services at(970) 353-6100 Ext. 3519, prior to the day of the hearing. All cases scheduled before the Planning Commission are subject to continuance, due to lack of quorum or otherwise. Contact the Department of Planning Services at the number above, for hearing continuance information. PLANNING COMMISSION DATE: March 2, 2010 TIME: 1:30 p.m. APPLICANT: Viaero Wireless PLANNER: Chris Gathman REQUEST: USR-1729-A Site Specific Development Plan and Use by Special Review Permit for a Non-1041 Major Facility of a Public Utility(330 foot wireless communication tower and related accessory buildings/structures) in the A(Agricultural) Zone District. LEGAL DESCRIPTION: Part N2NE4 of Section 4, T7N, R58W of the 6th P.M., Weld County, Colorado. LOCATION: South of and adjacent to CR 86 and approximately 650 feet west of the intersection of CR 90 and CR 127. (See Legal Description for precise location.) SIZE: 286 acres, more or less. PLANNING COMMISSION WELD COUNTY, COLORADO DATED: February 16, 2010 PUBLISHED: February 18, 2010, in the Windsor Beacon \g'il(PhD Account#: 346070 Your Local Newspaper Since 1896 Windsor Beacon STATE OF COLORADO ) NOTICE )ss:AFFIDAVIT OF PUBLICATION Pursuant to the zonhig laws of the State of Col- orado and the weld County Code, a public COUNTY OF WELD hearing will be held before the Weld County Planning Commission in the Hearing Room, Weld County Planning Department, 918 10th St,Greeley,Colorado. The complete case file may be examined by Echo Villa , being duly sworn, deposes and says that said is the legal clerk of the calling the Department of Planning SeMces at (970) 353-6100 to make arrangements with Windsor Beacon; that the same is a weekly newspaper of general circulation and printed and the case planner. If a court reporter is desired for the hearing, published in the town of Windsor, in said county and state; that the notice or advertisement, of please advise the Department of Planning Services, in witting, at least five days prior to which the annexed is a true copy,has been published in said weekly newspaper for the hearing. The cost of engaging a court re- porter In accordance the 1 Week: with the Am encans with Disabili- ties Act, R special accommodations are re- quired in order for you to participate in that that the notice was published in theregular and entire issue of every number of said newspaper hearing, please contact the Department of Planning Services at(970)353 6100 Ext.3519, during the period and time of publication of said notice, and in the newspaper proper and not in a prior to the day of the hearing. All cases scheduled before the Planning Commission supplement thereof; that the first publication of said notice was contained in the issue of said are subject to continuance,due to lack of quo- rum or otherwise. Contact the Department of P P Planning Services at the number above, for hearing continuance information. Thursday,February 18,2010 PLANNING COMMISSION DATE: March 2, 2010 TIME: 1:30 p.m. that the last publication thereof was contained in the issue of said newspaper on APPLICANT:Viaero Wireless PLANNER:Chris Gathnlan REQUEST:USR-1729-A Site Specific Develop- Thursday,February 18,2010 ment Ran and Use by Special Review Permit for a Nor1-1041 Major Facility of a Public Utility (330 foot wireless commutation tower and that said Windsor Beacon has.been published continuously and uninterruptedly during the period related accessory buildings/structures)in the A of at least six months nextprior to the first publication of said notice or advertisement above dcuttural)Zone District. LEGAL DESCRIPTION:Part N2NE4 of Section referred to; that said newspaper has been admitted to the United States mails as second-class matter 4,Colorado.58W of the 6th P.M.,weld county. o under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said LOCATION: South of and adjacent t CR 86 newspaper is a daily newspaper qualified for publishing legal notices and advertisements and approLOCATION: 650 feet west of the Inter- duly g section of CR 90 and CR 127.(See Legal De- within the meaning of the laws of the State of Colorado. scription for precise location.) 'SIZE:286 acres,more or less. PLANNING COMMISSION WELD Fe tiai 16LOP0DO k/Al ' DATED:S ED:uebu 2010 PUBLISHED:February 18.2010,in the Windsor / Beacon 0034152244 Legal Clerk Subscribed and sworn to before me,within the County of Weld, State of Colorado this Monday,February 22,2010 Myarsttnasxylgxpires: F5 •" 1V,LS r '.rig �a-vv✓...ci_ �"� +_*' y • Notary Public ..rrrr,, ). tali •• " ' • Legal No.0034152244 ,`O`'VI'inpP Delivered to: Invoice Text NOTICE Pursuant to the zoning laws USR 1729 WELD COUNTY PLANNING, 918 10TH ST Affidavit Prepared GREELEY,CO 80631-1118 Monday,February 22,2010 12:18 pm 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 7 2 3 _ 0 4 _ 0 _ 0 0 _ 0 1 8 (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 Northeast 1/4 of North 1/2 , Section 4 , Township 7 North, Range 58 West Flood Plain: Zone District: Ag , Total Acreage:286.32 , Overlay District: Geological Hazard: , Airport Overlay District: FEE OWNER(S) OF THE PROPERTY: Name: Delwyn Eugene Northup Work Phone # Home Phone # Email Address: Box 87 Address: City/State/Zip Code New Raymer/Colorado/80742 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:Viaero Wireless,Bob Hirsekorn Work Phone # 970-542-3823 Home Phone # 303-243-1149 Email bob.hirsekorn@viaero.com Address:1224 W Platte Avenue Address: City/State/Zip Code Fort Morgan/Colorado/80701 PROPOSED USE: Cellular Communication Facility including a 330 foot tower,9 X 17 Equipment Building,Emergency Generator and 1000 gallon buried propane tank. 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 indicating that th signatory has to legal authority to sign for the corporation. Signature: Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date -6- DISCLOSURE LETTER .. October 26, 2009 Weld County Planning and Zoning North Weld Building 918 Tenth St Greeley CO 80631 Dear Sirs: I hereby acknowledge my full awareness of the application/request being presented to Weld County by NE Colorado Cellular, Inc. d.b.a. Viaero Wireless for a special use review for a cellular communications facility on a parcel of land in the NE 'A of Section 4, Township 7 North, Range 58 West and a subdivision exemption for the same parcel. I hereby acknowledge that Robert Hirsekorn will be the authorized representative in the matter. pc:;I erely, c.4 Delwyn E orthwp Major Facility of Public Utility Questions New Raymer A. The applicant's name and telephone number. NE Colorado Cellular, Inc, d.b.a. as Viaero Wireless by Bob Hirsekorn, 303-243-1149 B. Address of the applicant and general OFFICE. 1224 W Platte Avenue, Fort Morgan, Colorado 80701 C. Summary statement of the project NE Colorado Cellular, dba Viaero Wireless has purchased additional spectrum to expand into Weld County. Viaero is submitting this application for a Special Review Permit for Major Facilities of Public Utility or Public Agency in order to extend its network into Weld County. Its first site along Highway 14 would be near New Raymer. This site would consist of a 330 foot guyed tower along with a 9' X 17' equipment building, a back-up generator and a 1000 gallon buried propane tank. There would be a six foot fence with three strands of barbed wire surrounding the tower and equipment building. Viaero has provided quality cellular services for over 16 years to the residents of rural northeast Colorado. Viaero now plans to offer the same quality services into Weld County. Viaero will be using a state of the art digital GSM (Global System of Mobile Communication) system. The GSM system will provide both state of the art cellular communications as well as high speed Internet capabilities where these services are currently unavailable. This site will serve an approximate radius of 10 to 15 miles, with in building coverage the best at a distance of 1 to 2 miles. (See Exhibit 1). This site was chosen based upon the initial search ring provided by our engineers. (See Exhibit 2) From the search ring, we proceeded to find a willing land owner that was in the search ring and also close to power. D. A detailed report shall be submitted which includes information on the following items: I. A complete description of the facilities, including the source, capacity, destination and type of structures. 2. A complete analysis of the alternative routes or sites considered, to include in each case: a. Reasons for consideration. This site was chosen because of its close approximation to the ideal site given by our engineers. The site is also adjacent to power. b. Types of agricultural and other land USES affected. The site is located in an agricultural zone. Once construction is completed, the land located around the fenced compound will still be used for grazing by the current owner. c. Construction cost of the proposed alternatives. This site was chosen due to its functional capabilities relative to the overall network, not due to construction costs. Including equipment, this site will cost around $300,000 to complete. d. Impacts on mineral resources N/A e. Impacts on wildlife habitat See Exhibit 3 f Impacts on historical, archaeological and scenic resources. See Exhibit 4 g. Visual impacts created by aboveground facilities The proposed tower has been sited to minimize visual impacts. There are no residences close by. The face of the tower is only 42" wide and its gray steel color blends with the sky background. h. A description of any GEOLOGIC or FLOOD HAZARDS. There are none. i. Advantages and disadvantages of the alternatives considered. There are no alternatives that meet the technical requirements. j. The applicant shall submit to the Department of Planning Services a copy of an agreement with the mineral owners associated with the subject property. Such agreement shall stipulate that the oil and gas activities on the subject property have been adequately incorporated into the design of the site, OR shall provide written evidence that an adequate attempt has been made to mitigate the concerns of the mineral owners on the subject property. The building of the tower should have no impact on oil or gas activities. k. The applicant shall submit to the Department of Planning Services a copy of an agreement with the owner of any ditch located on or adjacent to the site, OR shall provide written evidence that an adequate attempt has been made to mitigate the concerns of the ditch owners. The agreement shall stipulate that ditch activities have adequately been incorporated into the design of the site. If such agreement cannot be reached, the applicant shall present evidence that an adequate attempt to reach such agreement has been made. There are no ditches on or adjacent to the site. 3. A description of the preferred alternative route or site and reasons for its selection. N/A 4. Procedures to be employed in mitigating any adverse impacts of the proposed routes or sites. N/A S. An outline of the planned construction and operation schedule, to include the number of stages and timing of each. Once approved, weather permitting, the foundation construction will begin within one month of our closing. The foundation will be completed in one week. After allowing the cement to cure for 10 days, the tower will be brought in and erected. That would take approximately one more week. One week later, the tower will be in service. 6. Information of any public meeting conducted, to include the location, date, time, attendance and method of advertising. None. 7. A description of the hazards, if any, of fire, explosion and other dangers to the health, safety and welfare of employees and the general PUBLIC. There should be no dangers or hazards. The cellular phone network, of which this site is an integral part, will enhance emergency communication services in the area and would be a vital link in providing the federally mandated E911 services. 8. A description of emergency procedures to be followed in case of a reported failure or accident involving the proposed facility. Such outline shall include actions, if any, required of PUBLIC officials, including fire and police officials, and the names and telephone numbers of appropriate company officials to notify if an accident or failure should occur. If there is a system failure, it is automatically reported back to the switch in Fort Morgan, and a technician is notified. 9. A description of the method or procedures to be employed to avoid or minimize the impacts on irrigated agricultural land. Once the project is completed, a fence will be placed around the tower, equipment building and generator. The remaining land will be open for grazing. 10. A discussion of how the proposal conforms with the guidelines of Chapter 22 of this Code and any other applicable code provision or ordinance in effect. 11. A discussion of the proposal for maintenance of the facility so as to prevent dust, soil erosion and the growth of NOXIOUS WEEDS. Disturbance to existing grassland vegetation will be minimized. Any vegetation disturbed during construction will be restored, except for within 50' by 50' fenced area, which will be graveled for fire protection and weed control 12. A drainage report outlining the method of preventing surface runoff from exceeding the historical flow. Sec.23-2-400.Standards. The Planning Commission may approve an application for site selection and construction or expansion of a MAJOR FACILITY OF A PUBLIC UTILITY only if all applicable requirements of this Division are met, and the applicant has shown that the application is consistent with the following standards: A. Reasonable efforts have been made to avoid irrigated cropland or to minimize the impacts on such lands in those cases where avoidance is impractical. This site is not located on irrigated cropland. B. The facility will not have an undue adverse effect on existing and future development of the surrounding area as set forth in applicable MASTER PLANS. This facility should not have an adverse effect on existing and future development of the surrounding area. In fact, the availability of telecommunication services and access to high speed broadband should have a [positive effect on future development. C. The design of the proposed facility mitigates negative impacts on the surrounding area to the greatest extent feasible. As a facility that will improve telecommunications coverage, E911 services and broadband wireless services, the facility will only have positive effects on the surrounding area. D. The site shall be maintained in such a manner so as to control soil erosion, dust and the growth of NOXIOUS WEEDS. Disturbance to existing grassland vegetation will be minimized. Any vegetation disturbed during construction will be restored, except for within 50' by 50' fenced area, which will be graveled for fire protection and weed control E. The applicant has agreed to implement any reasonable measures deemed necessary by the Planning Commission to ensure that the health, safety and welfare of the inhabitants of the COUNTY will he protected, and to mitigate or minimize any potential adverse impacts from the proposed facility. Viaero agrees. F. The proposed facility will be supplied by an adequate water supply which has been evaluated with reference to the impacts of'the USE of such supply on agricultural USES. All reasonable steps have been taken by the applicant to minimize negative impacts on agricultural USES and lands. N/A G. All reasonable alternatives to the proposal have been adequately assessed, and the proposed action is consistent with the best interests of the people of the COUNTY and represents a balanced use of resources in the affected area. Viaero believes this to be true. H. It has been determined that the nature and location or expansion of a proposed POWER PLANT facility will not create an expansion of the demand for government services beyond the reasonable capacity of an impacted community or the COUNTY to provide such services. Where it is indicated that such an expansion of the demand for services will occur beyond the reasonable capacity to provide such services, the applicant must clearly show how such impacts will be mitigated prior to approval of the proposal by the COUNTY. N/A L It has been determined that the nature and location or expansion of the facility will meet Colorado Department of Health and County air quality standards. This facility will not affect air quality. J. Adequate electric, gas, telephone, water, sewage and other utilities exist or can he developed to service the site. Power is located near the site. K. The nature and location or expansion of the facility will not unreasonably interfere with any significant wildlife habitat and will not unreasonably affect any endangered wildlife species, unique natural resource, historic landmark or archaeological site within the affected area. See Exhibits 3 and 4. a) 0 0 N _r N N N >> I I N o o to to O up O up 0 rf 0 o • O ,f 0 'c O d' o , .cf.• • 0 O7OO • 0000 o � OOV 0 �t O `J J rJ O -6 O -6 r iS r a � a �- a a a t � rx . rrooco O •cr) w0 WCWOWO U O O O co N. c") c9 O 414 c0 _ coo — O 0 O N $ W L a) ect- F- v ~ v ~ U ~ U_ E -J m := C m C i tri to , if; _ tri . m CO CO 0 c*i -t cod- cv 'ct To i7• ca -0 'O N o O d' c%) 6 co C c7 6 c'7 C Q O 0 I.� r O . . O O O O t- to J »: J J «r J :. E tr) tri . I I U a). O 0i0 a0 co o0 2m r� oo t r a CN 2 c0r -' 1D -0 4 . V .- -O m E E a) MITI cu CC 0 ... 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Box 25486, DFC (65412) Denver, Colorado 80225-0486 IN REPLY REFER TO: ES/CO: Cell Tower TAILS 65412-2007-TA-0231 FAILS 65412-2007-TA-0285 FEB 1 5 2007 Alan Covelli Site Acquisition Coordinator Viaero Wireless 1224 West Platte Avenue Fort Morgan, Colorado 80701 Dear Alan Covelli: The U.S. Fish and Wildlife Service (Service) received your letters dated January 12 and January 18, 2007, regarding the proposed "New Raymer" and "Gobblers Knob" cellular towers in Weld and Prowers Counties, Colorado, respectively. You are proposing to construct 330-foot guy- wired towers with medium-intensity strobe lighting, each with a 9-foot by 15-foot building. In your letters, you requested a written response with any concerns we might have regarding the development of the proposed telecommunications towers. These comments have been prepared under the provisions of the Endangered Species Act of 1973 (ESA), as amended (16 U.S.C. 1531 et. seq.), the Bald and Golden Eagle Protection Act of 1940 (BGEPA), as amended (16 U.S.C. 668 et. seq.), and the Migratory Bird Treaty Act of 1918 (MBTA), as amended (16IJ.S.C. 703 et. seq.). Based on the information provided in your letters, the Service concurs that development of the proposed cellular towers is not likely to adversely affect any Federally-listed threatened or endangered species. Should project plans change, or if additional information on the distribution of listed or proposed species becomes available, this determination may be reconsidered. Along with the ESA, please be aware of the potential application of the MBTA and BGEPA to your project. Under the MBTA, it is unlawful, unless permitted by regulations, to pursue, hunt, take, capture, kill or attempt to take, capture, or kill any migratory bird by any means or in any manner. The MBTA does not require intent to be proven and there is no incidental take provision. The BGEPA prohibits an individual (or company) from knowingly, or with wanton disregard for the consequences of this act, taking any bald or golden eagles or their body parts, nests, or eggs, which includes collection, molestation, disturbance, or killing activities. We have developed communication tower siting guidelines as a result of the proliferation of new tower construction throughout the United Sates, the potential for collision of migrating birds with towers, and our enforcement responsibilities under the MBTA. These guidelines (U.S: Fish and Wildlife Scrvicc lnterim Guidelines For Recommendations On Communications Tower Siting, Construction, Operation, and Decommissioning, October 2000) were developed to help minimize effects on migratory birds from communication towers. For your use on future projects, please use the cell tower guidelines, Tower Site Evaluation Form, and the list of Federally-listed threatened and endangered species that we previously sent to you. The Service is concerned about the construction of new towers over 200 feet high with lights and guy wires because of their potentially significant impact on migratory birds, especially some 350 species of night-migrating birds. Communications towers are estimated to kill 4-5 million birds per year due to collisions. Furthermore, please be aware of concerns regarding the lighting of communication towers. Research indicates that constant or pulsing red lights attract night-migrating birds. Once attracted to the lights, the birds often fly around the tower, striking the guy wires directly in the path of flight, the tower, themselves, or the ground, and often die. The longer the "off" phase between the blink or flash phase of the light pulses, the less likely birds are to be attracted to the lighting. The proposed towers, as described in your January 2007 letters, would be over 300 feet tall, with guy wires and medium-intensity strobe lighting. While adoption of the specific measures in the Service's communication tower guidelines is voluntary, the Service requests that you consider redesigning your communication tower in order to meet the height guidelines. Although it is not possible under the ESA to absolve individuals or companies from liability of the MBTA, the guidelines are designed to minimize impacts to migratory birds. It is the applicant's responsibility to minimize the effect of this communication tower on migratory birds and other resources, The Service's Division of Law Enforcement will be notified of incidents involving take of migratory birds at the proposed tower. Please also note that the 30-day deadline for our response set by your request is inappropriate. The lead Federal agency must satisfy its responsibilities under section 7 of the ESA, regardless of whether we are able to respond within your time frame. Our position on a project cannot be assumed without our official response. If the Service can be of further assistance, please contact this office at (303) 236-4773. Sincerely, Susan C. Linner Colorado Field Supervisor cc: USFWS Law Enforcement(R. Gephart) FCC (Aaron Goldschmidt) • • •E,dtip � 4 COLORADO HISTORICAL SOCIETY The Colorado History Museum 1300 Broadway Denver,Colorado 80203.2137 23 May 2007 Alan Covelli Site Acquisition Manager Viaero Wireless 1224 West Platte Ave. Fort Morgan, CO 80701 RE: Installation of a telecommunications facility at"New Raymer," County Road 86, New Raymer vicinity, Weld County Dear Mr. Covelli: Thank you for your recent correspondence dated 21 May 2007, concerning the proposed installation of a telecommunications facility at the above-listed address. Our office has reviewed the submitted materials. At this time we cannot review your application, as it is incomplete. Please submit the following items for our review: Attachment 4: Comments from the local government authority, in this case, Weld County and/or the town of New Raymer. Attachment 5: Public notice, as presented either through the provisions of the local zoning regulations, or through publication(such as a legal notice) in a local newspaper. When we have received this additional information, we will be able to complete our review of the project. Please refer to Section V.A, V.B, V.F, and VII.A.4 of the Nationwide Programmatic Agreement("Nationwide PA") between the SHPO and the FCC for more information. If you have any questions, please feel free to contact Joseph Saldibar, Architectural Services Coordinator, at(303) 866-3741. We look forward to hearing from you. Sincerely, 2/1/4 ovtik_ l� ,01 F01( Georgianna Contiguglia State Historic Preservation Officer and President, Colorado Historical Society OFFICE OF ARCHAEOLOGY AND HISTORIC PRESERVATION 303-866-3392 * Fax 303-866-2711 * E-mail: oahp@chs.state.co.us* Internet:www.coloradohistory-oahp.org Division 9 Commercial Towers Sec.23-4-810.Preferred Commercial Tower facilities. New Raymer E. In addition to meeting the Special Use Review standards set forth in Article 77, Division 5 of this Chapter, the applicant shall submit documentation addressing the following standards: 1. Existing or approved towers cannot accommodate the telecommunications equipment planned for the proposed tower. There is only one FCC licensed tower within 5 miles of the proposed location (See Exhibit 1). This tower is located 3.8 miles south of New Raymer and is only 275 feet tall. This tower would not work for two reasons. One, in order to provide excellent in building penetration for the signal, the site needs to be within two miles of any substantial structures. Second, a height of 275 feet would not provide a microwave link back to our Fry hill site. The other tower which does not appear on the FCC licensed database, a Viaero requirement for co-location, is only 195 feet tall and would not give us a microwave link back to our Fry Hill site. 2. The tower shall not constitute a hazard to aircraft. See attached Exhibit 2. 3. The tower shall be placed on the property to contain on site all ice fall or debris from tower failure. The tower has been designed to collapse within the radius of the guy wires ( See Exhibit 3). The parcel will allow for this type of a collapse. 4. The proposed tower shall provide for shared capacity, if technically practicable. All Viaero towers are built to accommodate up to three carriers. See attached tower design (Exhibit 4). 5. The tower shall have the least practicable adverse visual impact on the environment. Each face of the tower is only 42" wide, which when viewed from a distance of over '/ mile is a very minute part of one's field of vision. 6. The proposed tower shall not emit radiation that will adversely affect human health. This is an FCC standard that Viaero adheres to. 7. The proposed tower shall be the minimum height needed to accommodate the antenna. I have attached a letter from Wes Burnett, Viaero's VP Technical Operations (Exhibit 5). This letter explains the need for tower height at three different locations. In order to achieve a Microwave link back to Viaero's Fry Hill tower, and to a future tower near Briggsdale, a height of 330 feet is required. Furthermore, by placing a tower at 330 feet, fewer towers will be needed to cover Highway 14 from New Raymer to Ault. Exhibit 6A shows the coverage without the towers; Exhibit 6B shows the coverage with towers at 195 feet and Exhibit 6C shows the coverage with the three towers at 330 feet high. The 330 foot towers provide the most coverage for the area. 8. The proposed tower shall comply with all applicable federal and state regulations. All Viaero towers comply. 9. The design of the proposed tower shall insure structural integrity. All Viaero towers are built and signed off by a licensed PE. Viaero towers are designed to take 95 mph sustained winds and 140 mph gusts with ' inch of radial ice. See attached tower design (Exhibit 4). 10. The proposed tower shall have adequate measures to discourage unauthorized climbing and to insure the security thereof. The tower and equipment building will be surrounded by a 6 foot chain link fence with three strands of barbed wire above that. 11. All reasonably possible sites for the tower have been considered, and the proposed site is the most appropriate, available site from a land use perspective. This site gives the best coverage to the town of New Raymer, provides a microwave link to the Viaero network and allows for the least number of towers to be built along Highway 14. 12. The proposed tower shall not adversely impact wildlife. (Weld County Code Ordinance 2002-9) See attached Exhibit 7. The proposed facility will have no significant impacts on flora and fauna, wildlife, drainage or air quality. Disturbance to the existing vegetation on the site will be minimal. Security fencing will be limited to the area immediately adjacent to the tower and equipment shelter and the guy wire anchors. The remainder of the parcel will not be fenced separately and will continue to be grazed. Lot coverage will be less than one-hundredth of one percent of the lot area; thus drainage impacts will be negligible. There will be no emissions into the air except for a small propane fueled emergency generator that will operate only during electrical power outages and briefly during routine testing procedures. Sec. 23-4-830. Performance standards. A. Antenna Tower and Equipment Setbacks. 1. Attached antennas. Attached antennas and other appurtenances may encroach up to two (2) feet into the minimum building setbacks in the underlying zoning district but must not extend over property lines. 2. Concealed (stealth) antennas. Minimum setbacks for concealed antennas are the same as the minimum building setbacks in the underlying zoning district. 3. Antenna towers, other than concealed antennas. Minimum setbacks for antenna towers, other than concealed antennas, are as follows: a. From property lines of properties in the C and I zones: thirty percent (30%) of tower height but not less than minimum building setbacks in the underlying zoning district. b. From property lines of properties in the E, R, PUD, A: one hundred percent(100%) of tower height but not less than minimum building setbacks in the underlying zoning district. The tower is designed to collapse upon itself inside of the radius of the guy wires (See Exhibit 3). 4. Guy wires and equipment buildings and cabinets. Minimum setbacks for guy wires and equipment buildings and cabinets are the same as minimum building setbacks in the underlying zoning district. B. Equipment Design. 1. Attached antennas on a roof may extend up to fifteen (15)feet over the height of the building or structure and may exceed the underlying zoning district height limitation. Attached antennas mounted on a building or structure wall must he as flush to the wall as technically possible and must not project above the top of the wall. Attached antennas must be located, painted and/or screened to be architecturally and visually compatible with the building it is attached to. 2. Antenna towers should be painted or coated in nonoffensive colors that blend, to the extent possible, with the surrounding building and natural environment unless state or federal regulations require specific colors. 3. Antenna towers must not be artificially lighted unless required by the FAA or other state or federal agency. If safety lighting is required, the use of red beacons is preferred to flashing strobe lights. Security lighting on the site may be mounted up to twenty (20)feet high and must be directed toward the ground to reduce light pollution, prevent offsite light spillage and avoid illuminating the tower. 4. Equipment buildings must be compatible with the architectural style of the surrounding building environment with consideration given to exterior materials, roof form, scale, mass, color, texture and character. Equipment buildings must be constructed with materials that are equal to or better than the materials of the principal use. Equipment cabinets must be located, painted and/or screened to be architecturally and visually compatible with the surrounding building and natural environment. A Building Envelope (BE) must be designated for all equipment buildings and shall be indicated on the plat. Written documentation shall be provided to the Department of Planning Services justifying the area and location of the BE. 5. The maximum permissible noise level shall adhere to the maximum permissible noise levels allowed in the underlying Zone district as delineated in Section 25-12-102, C.R.S., as provided by the Department of Public Health and Environment. Equipment must not generate noise that can be heard beyond the site. However, this does not apply to generators used in emergency situations where the regular power supply for a facility is temporarily interrupted. It also does not apply to air conditioners or noise made during regular maintenance and upkeep of the facility and site. (Weld County Code Ordinance 2002-9) Sec. 23-4-840. Base or accessory site design. A. Screening and landscaping appropriate to the context of the site and in harmony with the character of the surrounding environment is required when any part of the facility is visible from public rights-of-way or adjacent properties. Natural materials must normally be used for screening and fencing; however, wire fencing is permitted when the fencing can not be seen from the public rights-of-way or adjacent properties. If a facility fronts on a public street, street trees must be planted along the roadway to provide additional screening. No landscaping is proposed for this site for the following reasons. This parcel of land will continue to be grazed for now. Only an approximately 50' by 50' area at the base of the tower and a small area at each guy anchor will be fenced. Grazing cattle will likely destroy any landscape materials located outside these fenced areas. The twelve-foot wide by 24 foot long by ten-foot high equipment shelter will be painted an earth tone light tan color to blend with the surrounding area. The equipment shelter building is smaller than almost all residential or agricultural buildings typically found in this zone district. Landscaping is not typically required for similar size residential or agricultural buildings in this zone district. A solid wood fence is not appropriate in this agricultural setting and would create more of a visual impact than the proposed chain link security fence. B. Existing vegetation and grades on the site should be improved or preserved to the extent possible. After construction, any ground outside of the fenced in areas will be replanted to natural grasses. C. Signage at the site is limited to nonilluminated warning and equipment identification signs. This does not apply to concealed antennas incorporated into freestanding signs. D. Commercial Tower facilities, except those in the C and I zones, must not include manned offices, long-term vehicle storage or other outdoor storage, or other uses not needed to send, receive or relay transmissions. (Weld County Code Ordinance 2002-9) Sec. 23-4-850. Co-location on Antenna Towers. A. Commercial Tower providers must not exclude other providers from co-locating on the same tower when co-location is structurally, technically or otherwise possible. See attached letter (Exhibit 8). B. In addition to equipment proposed for the applicant's use, proposed antenna towers (excepting concealed antennas) and sites must be designed to accommodate co-location of additional Commercial Tower providers. (See Exhibit 4) C. The Planning Commission and/or Board of County Commissioners may eliminate the required co-location if an antenna tower necessary to provide for such sharing dominates and adversely alters the areas visual character. D. The Board of County Commissioners may revoke a tower building permit or other administrative approvals if conditions for approval of an antenna tower include co-location but: 1. The tower owner is not willing to provide space for other carriers at a fair market rate when it would not impair the structural integrity of the tower or cause interference. 2. The tower owner modifies the structure in a way to make co-location impractical or impossible. 3. If approval is revoked, the facility must be removed at the owners expense. E. Addition of equipment for co-location of subsequent Commercial Tower providers on existing antenna towers and sites does not require the Special Use Review process if the tower height remains unchanged. Addition of equipment for co-location of subsequent Commercial Tower providers on existing legal, nonconforming antenna towers is not considered a nonconforming use expansion and is exempt from Article VII of this Chapter if the tower height remains unchanged. (Weld County Code Ordinance 2002-9) Sec. 23-4-860.Abandonment. 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 or abandoned. The COUNTY shall initiate an administrative hearing to consider whether to grant an extension of time to commence the use or revoke the use. If the use is revoked, it shall be necessary to follow the procedures and requirements of this Division in order to reestablish any subsequent Use by Right or Use by Special Review. Upon the determination that the use has been abandoned, the facility owner has ninety (90) days to re-use the facility or transfer the facility to another owner who will re-use it. Evidence of such shall be provided, in writing, to the Department of Planning Services. A. Removal of abandoned Commercial Towers shall be addressed in all lease agreements and shall specifically address the duties and obligations of the lessee and its assigns as well as the property owner regarding the removal of Commercial Towers deemed by the County to be abandoned. B. The applicant or owner shall submit an improvements agreement agreeing to remove the improvements as shown in the application, plans, plat and other supporting documents. The agreement shall be made in conformance with the County policy on collateral for improvements. The agreement shall be approved by the Board of County Commissioners prior to commencement of operations, as applicable. (Weld County Code Ordinance 2002-9) (See Exhibit 9) Sec. 23-4-870.Application. A. Application Contents. In addition to requirements outlined in Article II, Divisions 3 through 5 of this Chapter, applications for administrative or Special Use Review approval of proposed Commercial Tower facilities, and additions or modifications to existing facilities, must include the following: 1. A Site Plan showing the location and legal description of the site; on-site land uses and zoning; adjacent roadways; parking and access; areas of vegetation and landscaping to be added, retained, replaced or removed; setbacks from property lines; and the location of the facility, including all related improvements, buildings and equipment. 2. A vicinity map showing adjacent properties, general land uses, zoning and roadways: a. Within one hundred (100)feet of a proposed attached antenna site. b. Within a distance of one (1) mile of a proposed concealed antenna, temporary antenna tower or micro-cell antenna tower site. c. Within a distance of one (1) mile of a proposed antenna tower site. 3. Elevation drawings of the proposed facility showing all antennas, towers, structures, equipment buildings and cabinets, fencing, screening, landscaping, lighting and other improvements related to the facility, showing specific materials, placement and colors. 4. Photo-realistic renderings (photosyms) of the site after construction, demonstrating the true impact of the facility on the surrounding visual environment. The Department of Planning Services may request photo-realistic renderings of the site from specific vantage points. This requirement does not apply to facilities permitted under the administrative review process unless the Department of Planning Services requests such information. See Exhibits 10A and 10B. 5. A report describing the facility and the technical, economic (if deemed necessary by the Department of Planning Services) and other reasons for its design and location; the need for the facility and its role in the network; and the capacity of the structure, including the number and type of antennas it can accommodate. 6. The FAA response to the Notice of Proposed Construction or Alteration (FM Form 7460-1 or equivalent), if the facility is located near an airport or a flight path. 7. An agreement detailing responsibility for landscaping, screening, site maintenance and the replacement of dead plant material. 8. A schedule for the installation of landscaping and screening, if applicable. 9. A letter of intent to allow co-location on the antenna tower. See Exhibit 8. 10. A letter of intent or lease agreement statement which addresses removal of the facility at the expense of the facility and/or property owner if it is deemed abandoned. The applicant or owner may also be required to submit an improvements agreement agreeing to remove the improvements as shown in the application, plans, plat and other supporting documents. The agreement shall be made in conformance with the County policy regarding collateral for improvements and shall be approved by the Board of County Commissioners prior to commencement of operations, as applicable. The Department of Planning Services may request additional copies of any submittal item for review by other agencies. See Exhibit 9. 11. A map indicating the service area/radius of the proposed Commercial Tower in addition to the service area/radius of other existing Commercial Towers within ten (10) miles of the proposed Commercial Tower location. B. Facility Inventory. The first application for a proposed Commercial Tower facility by a provider must include a detailed inventory of all the providers existing and approved facilities within the County, all incorporated areas within the County, and one (1) mile beyond the County border, including Wyoming. (Weld ASR Registration Search • �ht'bti 1 • Page 1 of 2 Federal FCC Federal Home I Search I Updates I E.-Filing I Initiatives I For Consumers ( Find People Communications Commission _._`. _. Antenna Structure Registration FCC> WTB > ASR > Online Systems > ASR Search FCC_$itt MaR Registration Search ®ADVANCED SEARCH QHELP Search for a Registration Search by Tower Location By(Registration Number J t: Coordinate Search . ... .. ..... .. .. .. ... ! Latitude 40 ,36 37.4 " IN(+)A (Re—sir) Longitude 103 O 51 43.2 "1 W (+)..:1 a all matches t" exact matches only Radius lO I Kilometers:J Narrow your search ( MW)( ET) State of Structure: Based on NAD83 (convert from NAD27) I Select a State C' City and State of Structure Owner ZIP Code: I City State I Select a State `J mil) xrnirr The ASR Registration Search enables you to search for a wide range of licenses in the Antenna Structure Registration system. The "Search for a Registration" all matches r exact matches only enables you to search on basic elements of a Narrow Your Search registration, including registration number, FAA study number, FRN, and licensee name. The "Search by Overall Height Above Ground Location" enables you to look up a registration based f: Any height on the location and height of a structure. You can also use the advanced search to perform more r Exact )MetersA_}(( sophisticated searches based on numerous criteria. C Range J to ' (Meters A Looking for an ASR Application? Use the ASR Application Search ASR Help ASR License Glossary - FAQ - Online Help - Documentation. -Technical Support ASR Online TOWAIR- CORES - ASR Online Filing Appli tLgn Search Registration Search Systems About ASR Privacy Statement - About ASR - ASR Home Registration SUBMIT; Search I By Registration Number J http://wireless2.fcc.gov/U1sAno/AsrSearch/asrRegistrationSearch.Isn 1 1/14/')nno ASR Registration Search • • Page 2 of 2 FCC ( Wireless I ULS I CORES Help I Tech Support Federal Communications Commission Phone: 1-877-480-3201 445 12th Street SW TTY: 1-717-338-2824 Washington, DC 20554 Submit Help Request httro://wireless2.fcc.eov/lJlsAnn/AsrSearch/asrReaictratinnSearrh icn 11/ioilnno ASR Registration Search Results • Page 1 of 1 pet Federal FCC Home I Search I Updates I F Filing I Initiatives I For Consumers I Find People . .,;-� Communications Commission Antenna Structure Registration FCC > WTB > ASR > Online Systems > ASR Search FCC Site Map ASR Registration Search Registration Search Results ®ADVANCED SEARCH 0 HELP Q. New Search S Refine Search a Printable Page U Query Download i,' Map Result(sj Displayed Results Matches 1-1 (of 1) (PAJ = Pending Application(s) 1 Specified Search Latitude='4O-36-37.4 N', Longitude=1O3-51-43.2 W', Radius=8 Kilometers Display: I Basic View zt COO) Overall Height Above Registration File Owner Structure Ground Number Status Number Name Latitude/Longitude City/State (AGL) 1 1023855 Constructed A0463104 Southern 40-33-19.0N NEW 91.0 Star Central 103-50-29.0W RAYMER, CO Gas Pipeline, Inc. Matches 1-1 (of 1) 1 ASR Help ASR License Glossary - FAQ - Online Help - Documentation -Technical Support ASR Online TOWAIR-_ CORES - ASR Online Filing - Application Search - Registration Search About ASR Privacy Statement - About ASR - ASR Home Registration I By Registration Number-J I i SUBMIT) Search - -- FCC I Wireless I ULS I CORES Help I Tech Su ppprt Federal Communications Commission Phone: 1-877-480-3201 445 12th Street SW TTY: 1-717-338-2824 Washington, DC 20554 Submit Help Request http://wireless2.fcc.aov/UlsAnn/AsrSearch/asrResult.a-isn?searchTvne.TRT. 1 t no/7nm) Federal Aviation Administration Aeronautical Study No. Air Traffic Airspace Branch, ASW-520 2006-ANM-4906-OE I 2601 Meacham Blvd. � • _ .. Fort Worth, TX 76137-0520 Issued Date: 01/23/2007 Kevin P. Delaney Industrial Tower and Wireless, LLC. 40 Lone Street Marshfield, MA 02050 ** DETERMINATION OF NO HAZARD TO AIR NAVIGATION ** The Federal Aviation Administration has completed an aeronautical study under the provisions of 49 U.S.C. , Section 44718 and, if applicable, Title 14 of the Code of Federal Regulations, part 77, concerning: Structure: Antenna Tower Location: New Raymer, CO Latitude: 40-36-37.40 N NAD 83 Longitude: 103-51-43 .20 W Heights : 350 feet above ground level (AGL) 5190 feet above mean sea level (AMSL) This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation provided the following condition (s) , if any, is (are) met : As a condition to this Determination, the structure is marked and/or lighted in accordance with FAA Advisory Circular 70/7460-1 K, Obstruction Marking and Lighting, 24-hr med-strobes - Chapters 4, 6 (MIWOL) , &12 . It is required that the enclosed FAA Form 7460-2, Notice of Actual Construction or Alteration, be completed and returned to this office any time the project is abandoned or: At least 10 days prior to start of construction (7460-2, Part I) _X_ Within 5 days after the construction reaches its greatest height (7460-2, Part II) See attachment for additional condition(s) or information. While the structure does not constitute a hazard to air navigation, it would be located within or near a military training area and/or route. This determination expires on 07/23/2008 unless : (a) extended, revised or terminated by the issuing office. (b) the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed, as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on the date prescribed by the FCC for completion of construction, or the date the FCC denies the application. NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION Page 1 MUST BE POSTMARKED OR DELIVERED TO THIS OFFICE AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. This determination is based, in part, on the foregoing description which includes specific coordinates, heights, frequency(ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power will void this determination. Any future construction or alteration, including increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA. This determination does include temporary construction equipment such as cranes, derricks, etc. , which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA. This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. A copy of this determination will be forwarded to the Federal Communications Commission if the structure is subject to their licensing authority. If we can be of further assistance, please contact our office at (425) 917-6768 . On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2006-ANM-4906-OE. Signature Control No: 497176-522145 (DNE) Chris Cody Technician Attachment (s) Additional Information Frequency Data 7460-2 Attached Page 2 Additional Information for ASN 2006-ANM-4906-OE There is an extremely high probability that the use of a 24-hour white intensity strobe system will result in complaints from people living near the structure. Though the FAA has no objection to the use of this system on this structure based on air safety, all complaints about the lighting of this structure will not be handled by the FAA, but instead will be referred directly to you. Page 3 Frequency Data for ASN 2006-ANM-4906-OE LOW HIGH FREQUENCY ERP FREQUENCY FREQUENCY UNIT ERP UNIT 806 824 MHz 500 W 824 849 MHz 500 W 851 866 MHz 500 W 869 894 MHz 500 W 896 901 MHz 500 W 901 902 MHz 7 W 930 931 MHz 3500 W 931 932 MHz 3500 W 932 932 . 5 MHz 17 dBW 935 940 MHz 1000 W 940 941 MHz 3500 W 1850 1910 MHz 1640 W 1930 1990 MHz 1640 W 2305 2310 MHz 2000 W 2345 2360 MHz 2000 W Page 4 211 W.Washington St. Suite 2000 South Bend,IN 46601 N E L L 0 Phone: 574-288-3632 • Fax: 574.288.5860 www.nelloinc.com December 3,2010 Kim Bailey Viaero Wireless 1220 West Platte Avenue Ft. Morgan,CO 80701 Re: Safety and Fall Radius of Nello Towers and Poles NGX guy tower The following addresses the safety and general design criteria used for towers and poles designed and manufactured by Nello Corporation. Nello towers are designed to meet or exceed industry standards defined by ANSI/TIA EIA- 222-F,"Structural Standards for Steel Antenna Towers and Antenna Supporting Structures"(EIA Standard). This is the design standard that is referenced by national and state building codes. Tower failures are very rare,and because of the conservative nature of tower design,those caused by extreme wind speeds are even rarer. The few failures that do occur typically happen as a result of improper installation or erection,vandalism,or an act of God such as a tornado. Towers are designed using extreme wind conditions. For each county in the United States the EIA Standard lists a 50-year design wind speed,which statistically has only a 2%chance of occurring at that location in any given year. These wind speeds are derived from meteorological data collected around the country over many years. The design wind pressure is then escalated with the height of the tower. For example,the wind pressure at the top of a 200-foot tower is 67%greater than at the base of the tower. The wind forces are also increased by applying a gust factor. The tower members and connections are designed using allowable stress design. This approach reduces the allowable capacity of a member or connection by dividing by a safety factor ranging from 1.25 to 2.00. The tower members are then chosen so that their reduced capacities are greater than the actual loads. Factors of safety prevent the tower from being structurally damaged at the instant the design wind speed occurs. In the unlikely event that a tower were to fail due to excessive wind speeds,it would probably occur by the members buckling. Please realize that because of many different factors involved in the engineering of these structures,it would be impossible to predict the exact failure method or the position of a fallen tower. In the case of a guyed tower,the fall distance would likely be within the guy radius. If you have any other questions or concerns regarding the design of your site specific tower,please contact our ering or sales departments. 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It 1 iC U re • • o: !))\ : ` ��( /8 � 10 zEf/} , , 00w Avg gifi aang Wgbig 2,2! \ ) I \ sT,/ - ) I \ > - ua-_ ! f - t [ ! ! { r_ to im }\ \ Ea Eo 01 / Ea / .E \ \ \ \ _ 2 2( {) ') \ . : ge, No ! /gg / \ EE § 2o 3 P. 2" s8 atE a { \ ; _Ft f.0 _or §� a Em_ � � §{ { 20 \ \\ \ \%fr, _ \ Af ;\ - ; -48'27 2 ; . 2 Q ; \ / % ! ! !# _ « \2i / / E . h / ! d ; Q : 0 ! ; / ! ! ) \ w: rda8OC- o5o5-5 °; , : al , K! o w • • . ) / • • III r4 OTM . vv c2. Es. Ea1k• 1I} 5 Weld County Planning Commission 918 10 St Greeley, CO 80631 To Whom It May Concern: I have been requested to present technical justifications for the proposed tower heights for Viaero Wireless towers located within Weld County at New Raymer, 7 Cross Hill and East of Ault, CO. As part of this justification, I would like to begin with our definitions of network connectivity and reliability as they pertain to the Viaero network: Network Connectivity: The physical and electrical processes necessary to connect a cellular base station to its associated Mobile Switching Center (MSC). This is done via Viaero owned microwave radios utilizing licensed spectrum in the 6 and 11 GHz bands as appropriate and may consist of multiple microwave links. Viaero owns, operates and maintains its entire microwave radio network to provide better reliability and capacity for our subscribers. Network Reliability: Network Reliability is the percentage of time that the physical and electrical processes connecting the base station to its associated Mobile Switching Center remain in service. While there are many factors contributing to Network Reliability, for the purposes of this application it will essentially be the microwave path reliability from the cell site to the MSC. Viaero's design criteria on a per link basis is 99.9999% or 32 seconds of outage per year. This number is highly dependant on site location, tower construction, interference, antenna size and obstructions along the path. In the case the New Raymer location, connectivity back to the network is through the existing Fry Hill site. As may be seen from the New Raymer — Fry Hill microwave path profile, the minimum unobstructed path clearance occurs with a 250' path centerline back to Fry Hill. Anything less than unobstructed clearance will degrade overall path reliability which has a domino effect in network reliability. Viaero Wireless Page 1 of 6 1224W Platte Ave • Fort Morgan,CO 80701 • Office 1.970.768.0000 • Fax 1.970.867.3589 • www.viaero.corr NAipiLE fig TM • \l"J l I ,t:�lf .,,,3 Ik When considering the path out of New Raymer to 7 Cross, CO, rising terrain to the West of the New Raymer site requires that the path centerline to 7 Cross be at 315' with a path centerline of 320' from the 7 Cross tower. 7 Cross to the East of Ault site offers some improvement with terrain, but the East of Ault to Wellington path requires East of Ault to use a 300' path centerline to connect to Wellington due to terrain East of Wellington. We believe that this design represents the minimum number of towers as well as the minimum tower height which will meet Viaero's network reliability criteria. If I may provide you with any additional information regarding this matter, please do not hesitate to contact either myself or Bob Hirsekorn. iI Sincerely, T.W. 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' •4•44. • : � lilt �, �; 1� `'/" • tow • r s _ � .�•• • /fi • • , J .,I ,�+ P5 r,.-,__ II •.11( ••• * ♦ .••C J • • .1•• 1 t •, -` • 4 pis . - I • • J f J k ,- rte" j i ?. t. • /: • 1J• 1. ' F s 1 •14r1trtt . r • vim ' . •� �, ��i• , , - - ,r;�y- '' �:r _ r SENT OFT L 4u2F, �X�►V Z <5.0174-2 United States Deptf Interior of a FISH AND WILDLIFE SERVICE -1/?cii 3,'V Ecological Services Colorado Field Office P.O. Box 25486, DFC (65412) Denver, Colorado 80225-0486 IN REPLY REFER TO: ES/CO: Cell Tower TAILS 65412-2007-TA-0231 FAILS 65412-2007-TA-0285 FEB 1 5 2007 Alan Covelli Site Acquisition Coordinator Viaero Wireless 1224 West Platte Avenue Fort Morgan, Colorado 80701 Dear Alan Covelli: The U.S. Fish and Wildlife Service (Service) received your letters dated January 12 and January 18, 2007, regarding the proposed "New Raymer" and "Gobblers Knob" cellular towers in Weld and Prowers Counties, Colorado, respectively. You are proposing to construct 330-foot guy- wired towers with medium-intensity strobe lighting, each with a 9-foot by 15-foot building. In your letters, you requested a written response with any concerns we might have regarding the development of the proposed telecommunications towers. These comments have been prepared under the provisions of the Endangered Species Act of 1973 (ESA), as amended (16 U.S.C. 1531 et.'seq.), the Bald and Golden Eagle Protection Act of 1940 (BGEPA), as amended (16 U.S.C. 668 et. seq.), and the Migratory Bird Treaty Act of 1918 (MBTA), as amended (16 U.S.C. 703 et. seq.). Based on the information provided in your letters, the Service concurs that development of the proposed cellular towers is not likely to adversely affect any Federally-listed threatened or endangered species. Should project plans change, or if additional information on the distribution of listed or proposed species becomes available, this determination may be reconsidered. Along with the ESA, please be aware of the potential application of the MBTA and BGEPA to your project. Under the MBTA, it is unlawful, unless permitted by regulations, to pursue, hunt, take, capture, kill or attempt to take, capture, or kill any migratory bird by any means or in any manner. The MBTA does not require intent to be proven and there is no incidental take provision. The BGEPA prohibits an individual (or company) from knowingly, or with wanton disregard for the consequences of this act, taking any bald or golden eagles or their body parts, nests, or eggs, which includes collection, molestation, disturbance, or killing activities. We have developed communication tower siting guidelines as a result of the proliferation of new tower construction throughout the United Sates, the potential for collision of migrating birds with towers, and our enforcement responsibilities under the META. These guidelines (U.S: Fish and Wildlife Service Interim Guidelines For Recommendations On Communications Tower Siting, Construction, Operation, and Decommissioning, October 2000) were developed to help minimize effects on migratory birds from communication towers. For your use on future projects, please use the cell tower guidelines, Tower Site Evaluation Form, and the list of Federally-listed threatened and endangered species that we previously sent to you. The Service is concerned about the construction of new towers over 200 feet high with lights and guy wires because of their potentially significant impact on migratory birds, especially some 350 species of night-migrating birds. Communications towers are estimated to kill 4-5 million birds per year due to collisions. Furthermore, please be aware of concerns regarding the lighting of communication towers. Research indicates that constant or pulsing red lights attract night-migrating birds. Once attracted to the lights, the birds often fly around the tower, striking the guy wires directly in the path of flight, the tower, themselves, or the ground, and often die. The longer the "off'phase between the blink or flash phase of the light pulses, the less likely birds are to be attracted to the lighting. The proposed towers, as described in your January 2007 letters, would be over 300 feet tall, with guy wires and medium-intensity strobe lighting. While adoption of the specific measures in the Service's communication tower guidelines is voluntary, the Service requests that you consider redesigning your communication tower in order to meet the height guidelines. Although it is not possible under the ESA to absolve individuals or companies from liability of the MBTA, the guidelines are designed to minimize impacts to migratory birds. It is the applicant's responsibility to minimize the effect of this communication tower on migratory birds and other resources. The Service's Division of Law Enforcement will be notified of incidents involving take of migratory birds at the proposed tower. Please also note that the 30-day deadline for our response set by your request is inappropriate. The lead Federal agency must satisfy its responsibilities Under section 7 of the ESA, regardless of whether we are able to respond within your time frame. Our position on a project cannot be assumed without our official response. If the Service can be of further assistance, please contact this office at(303) 236-4773. Sincerely, Susan C. Limier Colorado Field Supervisor cc: USFWS Law Enforcement (R. Gephart) FCC (Aaron Goldschmidt) • •Ael�rw iligt E,/,‘,6-ck- 2 ireless November 25, 2009 Weld County Planning and Zoning 918 10th Street Greeley, CO 80631 Gentlemen, Let it be known that Viaero Wireless will allow for co-location of antenna on our tower up to the capacity of the tower with a signed lease agreement. Sincerely Bob Hirsekorn Director of Site Acquisition Viaero Wireless 1224 W. Platte Ave. Fort Morgan, CO 80701 1224 W Platte Ave • Fort Morgan,CO 80701 • Office 1.970.768.0000 • Fax 1.970.867.3589 • www.viaero.co € , • • • lisek"g n OTM i fnel November 25, 2009 Weld County Planning and Zoning 918 10th Street Greeley, CO 80631 Gentlemen, let it be known that Viaero wireless will at its expense remove the tower, supporting building, generator, buried propane tank and fencing if the tower is deemed by Weld County to be abandoned in accordance to Weld County Zoning ordinances. Sincerely Bob Hirsekorn Director of Site Acquisition Viaero Wireless 1224 W. Platte Ave. Fort Morgan, CO 80701 1224 W Platte Ave • Fort Morgan,CO 80701 fIi ,,4 1.970.768.0000 I :; 1.970.867.3589 wwv viaero.o • Ws bu tikes 14 0 Eglto r 10,E :. .. ._ t ......;. .,k 1 .., .. .:a • • 4 .',.yy,, .:3111110001 : ..C1i p 4 I - - ct, - - - • I S. • ' 4. - t - t - - s c 4 ,... .. .... .. ec%. ,,,k lis,. .‘e watt svivARsie is Ili . • 0 Sem; it«ysw is r 4 ., . ,..• .... I 1 I 4. .4 ! (• t .. • 'I'. -' -- •' - '. • • FOR COMMERCIAL SITES, PLEASE COMPLETE THE FOLLOWING INFORMATION BUSINESS EMERGENCY INFORMATION: Business Name: NE Colorado Cellular Inc.d/b/a Viaero Wireless Phone: 970-542-3600 Address: 1224 W.Platte Ave. City, ST, Zip: Fort Morgan,CO 80701 Business Owner Frank DiRico Phone: 970-768-3000 Home Address: City, ST, Zip: Weldona,CO List three persons in the order to be called in the event of an emergency: NAME TITLE ADDRESS PHONE Thomas Burnett VP 1224 W.Platte Ave Fort Morgan,CO 970-467-1000 Mike Felicissimo VP 1224 W.Platte Ave Fort Morgan,CO 303-243-1010 Frank DiRico Owner 1224 W.Platte Ave Fort Morgan,CO 970-768-3000 Business Hours:8:00-5:00 Days: M-F Type of Alarm: i Nonef Burglar!— Holdup(—Fire iX Silentr Audible Name and address of Alarm Company: Viaero Wireless 1224 W.Platte Ave.Fort Morgan,CO 80701 Location of Safe: None MISCELLANEOUS INFORMATION: Number of entry/exit doors in this building: 1 Location(s): South Face Is alcohol stored in building?NO Location(s): Are drugs stored in building? NO Location(s): Are weapons stored in building?NO Location(s): The following programs are offered as a public service of the Weld County Sheriffs Office. Please indicate the programs of interest. Physical Security Check Crime Prevention Presentation UTILITY SHUT OFF LOCATIONS: Main Electrical:North site of property off from WCR 18 Gas Shut Off: None Exterior Water Shutoff:None Interior Water Shutoff: None -12- File contains CD with digital copy of Application Materials See Original File REFERRAL LIST Name: Viaero Wireless (Northup) Case#: USR-1729 County Towns & Cities Fire Districts Attorney Ault _Ault F-1 x Health Department _Berthoud _Berthoud F-2 _Extension Office _Brighton _Briggsdale F-24 _Emergency Mgt Office- Ed Herring _Dacono _Brighton F-3 Sheriffs Office _Eaton _Eaton F-4 x Public Works _Erie _Fort Lupton F-5 _Housing Authority _Evans _Galeton F-6 _Airport Authority _Firestone _Hudson F-7 x Building Inspection _Fort Lupton _Johnstown F-8 x Code Compliance Ann _Frederick _LaSalle F-9 _Kim Ogle (Landscape Plans) _Garden City _Mountain View F-10 _Lin (Addressing Change of Zone) _Gilcrest _Milliken F-11 _Ambulance Services _Greeley _Nunn F-12 _Grover _Pawnee F-22 State _Hudson _Platteville F-13 Div._ of Water Resources _Johnstown _Platte Valley F-14 _Geological Survey Keenesburg Poudre Valley F-15 _Department of Health _Kersey x Raymer F-2 x Department of Transportation _LaSalle _Southeast Weld F-16 _Historical Society _Lochbuie _Union Colony F-20 _Water Conservation Board Longmont _Wiggins F-18 _Oil & Gas Conservation Commission _Mead _Windsor/Severance F-17 _Milliken Division of Wildlife _New Raymer South Hwy 66 (Loveland) _Northglenn x North Hwy 66 (Greeley) _Nunn Commissioner _Division of Minerals/Geology _Pierce x Ehrlich _Platteville Soil Conservation Districts _Severance Big Thompson/ FTC _Thornton _Boulder Valley/Longmont _Windsor _Brighton/SE Weld Centennial Counties x Greeley/West Greeley _Adams _Platte Valley _Boulder West Adams _ _ Broomfield _Little Thompson _Latimer Federal Government Agencies Other US Army Corps of Engrs _School District RE- USDA-APHIS Vet Service _ _ Central Cob. Water _Federal Aviation Admin (Structures _Left Hand Water over 200 ft or w/in 20000 ft of Pub _Ditch Company Airport _Art Elmquist (MUD Area) _Federal Communications Comm Referral List ' /� q Name: V(aeso w NA-a S5 . �ase# / / County Towns&Cities Fire Districts Attorney Ault Ault F-1 X Health Department Berthoud Berthoud F-2(Will charges) Extension Office Brighton Briaasdale F-2d Fmeraencv Manaaement Office-Fri Herdna Dacono Brighton F-3 Sheriffs Office Faton Eaton F-4(Will charm Sl X Public Works Frie Fort Lupton F-5 Housina Authority Evans Galeton F-6 Airport Authority Firestone Hudson F-7 X Buildina Inspection Fort Lupton Johnstown F-8 • ?C Code Compliance-Beth Ann N Frederick yaSa0e F-9 Garden City Mountain View F-10 - Kim Gale(I andscaoe Plans) Gilcrest Milliken F-11 Lin or Peuay IAddressina Chanae of 7one1 Greeley Nunn F-12 Ambulance Services Grover Pawnee F-22 State Hudson Platteville F-13 Div of Water Resources Johnstown Platte Valley F-14 Geological Survey Keenesbura Pnudre Valley F-15 Department of Health Kersey X Ravmer F-2 X Department of Transportation 1 aSalle Southeast Weld F-16 Historical Society Lochbuie Union Colony F-76 Water Conservation Board Lonomont Western Hills F-20 Oil&Gas Conservation Commission Mead Wiaains F-18 Division of Wildlife Milliken Windsor/Severance F-17 South Hwy 66(Loveland) New Ravmer North Hwy 66(Greeley) Nnrthnlenn I paal Division of Minerals/Geology Nunn Parcel ID# Soil Conservation Districts Pierce _ 7one Acres? Bia Thompson Platteville USDA Boulder Valley Severance , Airnort Briahton Thornton Gen Hal Centennial Windsor FP? Panel# Fort Collins Counties Road Impact Fee Area? X Greeley Adams - (SW#1 #2 #3 Windsor 1 I onamont Rnulder _ 'GA? GPO# Moroan Rrnomfield MI ID? _Platte Valley _Southeast Weld Other _West Adams _Central Colo.Water Conservancy Dist Federal Government Agencies Left Hand Water _US Army Corps of Engrs _School District RE- _USDA-APHIS Vet Service _Art Elmquist(MUD Area) _Federal Aviation Admin(Structures over _Ditch Company, over 200 ft or w/in 20000 ft of Pub Airport Commissioner I pp _Federal Communications Comm r;� r1 I,CX^-- Kristine Ranslem From: Kristine Ranslem Sent: Monday, January 04, 2010 4:24 PM To: Ann Siron; 'Nice-Idler, Gloria'; 'Joyce Wallace'; 'troy.florian@state.co.us'; 'sandra.billings@state.co.us' Subject: USR-1729 Referral We have just received a case (USR-1729) in which we ask that you review the material and send a referral to us by February 4, 2010. The following is a quick link to the case in question: http://www.co.weld.co.us/redesign/Planninq/PlanningDepartment/index.html If you have any problems or have any questions, please don't hesitate to contact me at the number below. Thank you! K.risti,v e 2aIAslekv Planning Technician Weld County Planning Services 918 10 Street, Greeley CO 80631 970-353-6100 ext. 3519 i • Oa Form Submit by Email (71/..itt:i"-?\\ Weld County Referral January 4, 2010 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Viaero Wireless (Northup) Case Number USR-1729 Please Reply By February 4, 2010 Planner Chris Gathman Project A Site Specific Development Plan and Use by Special Review Permit for a Non- 1041 Major Facility of a Public Utility(330-foot wireless communication tower and related accessory buildings/structures) in the A(Agricultural)Zone District. Legal Part N2NE4 of Section 4, T7N, R58W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 86 and approximately 650 feet west of the intersection of CR 90 and CR 127. Parcel Number 0723 04 000018 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. You will be notified in writing of the Planning Commission date once fhe date is determined. F We have reviewed the request and find that it does / does not comply with our Comprehensive Plan cause We have reviewed the request and find no conflicts with our interests. r See attached letter. Comments: IGL/7 ti KC( ) 0� t ho // 1p�Qzza-A Gr, I ?led Signature Date /<_AO Agency MNeld County P ping Dept. 10 8 10th Street,Greeley,CO.80631 2(970)353-6100 ext.3540 a(970)304-6498 fax Weld County Referral ' January 4, 2010 C. RECEIVED COLORADO JAN7 2010 wa�owll�w�•+��• The Weld County Department of Planning Services has received the following item for review: !Applicant Viaero Wireless (Northup) Case Number USR-1729 w Please Reply By February 4, 2010 Planner Chris Gathman 'Project A Site Specific Development Plan and Use by Special Review Permit for a Non-1041 Major Facility of a Public Utility (330-foot wireless communication tower and related accessory buildings/structures) in the A (Agricultural) Zone District. xLegal Part N2NE4 of Section 4, T7N, R58W of the 6th P.M., Weld County, Colorado. !Location South of and adjacent to CR 86 and approximately 650 feet west of the intersection of CR 90 and CR 127. Parcel Number 0723 04 000018 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. You will be notified in writing of the Planning Commission date once the date is determined. U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan because ❑_ We have reviewed the request and find no conflicts with our interests. SCQ-I See attached letter Comments: Signature Date / -Z 7 Agency ��L tiGi' \c ?Weld County Planning Dept. 4918 101h Street. Greeley, CO. 80631 •:•(970) 353-6100 ext.3540 4(970)304-6498 fax • • Weld County Planning Department • GREELEY OFFICE .IAN 777nsn n MEMORANDUM E E]VED ‘ttittail TO: Chris Gathman, Planning Services DATE: January 27, 2010 FROdi Hansen, P.E., Public Wo Departm"gip C S BJtECT:1USR-1729, Vae o Wielessks Northup ent / COLORADO The Weld County Public Works Department has reviewed this proposal. This project falls under the Use by Special Review Standard, Weld County Code, Chapter 23, Article II, Division 4, Section 23. Staff comments made during this phase of the Use by Special Review process may not be all-inclusive, as other issues may arise during the remaining application process. All issues of concern and critical issues during further review must be resolved with the Public Works Department. COMMENTS: Weld County Road Classification Plan (FHU): WCR 86 is a local gravel road and requires a 60-foot right-of-way at full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning (23-1-90), the required setback is measured from the future right-of-way line. Site Plan: The access shall be placed in such a location to have adequate sight distance in both directions and not below the crest of a hill or where physical obstructions are present. An access permit is required. Please follow the instructions on the Public Works website or contact Janet Carter, Traffic Engineer at 970-304-6496 ext. 3750 The access drive shall be surfaced with gravel, recycled asphalt or the equivalent and shall be graded to prevent drainage problems. The access drive shall be a minimum width of 20 feet to meet emergency equipment (fire department) requirements. If a drainage culvert is required, a 15-inch corrugated metal pipe is the County's minimum size requirement. If the applicant chooses to place a larger culvert, please contact the Public Works Department to adequately size your culvert. Road Access Culverts Sec. 8-3-10. Installation of culvert. The owner of the property shall pay for materials and the cost of installation for new road access culverts whenever the installation of a culvert is made necessary by the creation of a new access from private property to a County road, by any alteration of the natural flow of water across private property by the owner, or for any other reason created by any owner of private property. The culvert shall be installed according to the specification of the Department of Public Work as to size and location in the County rights-of-way or other County property in which such culverts may be installed. The culvert size will be determined in accordance with standards engineering practices. The property owner shall be responsible for cleaning the borrow ditch to the extent required to accommodate the road access culvert and insuring proper drainage. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. All vegetation, other than grasses, needs to be maintained at a maximum height of 12 inches until the area is completely developed. Storm Water Drainage: The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property M VPLANNING—DEVELOPMENT REVIEW VUSR-Use by Special Review AUSR-1729 Viacro Wireless-NorthupAI1SR-1729.doca damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. Flood Hazard Development Standards: This area IS NOT in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). pc: USR-1729 M VPLANNING—DEVELOPMENT REVIRWVUSR-Use by Special ReviewVUSR-1729 Viacro Wireless-NorthupAUSR-1729.docx WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H St PO Box 758 Greeley CO 80632 Phone: (970 )356-4000 x3750 Fax: (970)304-6497 Road File#: Date: RE# : �� Other Case#: 1. Applicant Name y/a4rO WIreles5 (Bob /tir5 Ce�rn Phone. 3rp3 - 943 - I/19 Address 0294 W- 'Pt , City MD tan State CO Zip 2070/' 2. Address or,L9 cation of Access J Section 7 Township 7 N Range se M1 Subdivision Block Lot Weld County Road#: Side of Road Sort& Distance from nearest intersection y?5-D,11 r-. 3. Is there an existing access(es)to the property? Yes %. No #of Accesses 4. Proposed Use: .' Permanent 0 Residential/Agricultural 0 Industrial 0 Temporary 0 Subdivision 0 Commercial 0 Other ...........................**,..............,.,,,..........:.>.,,............******,,.,,....,,.„,,,„,...................**,... 5. Site Sketch Legend for Access Description: AG = AgriculturalL_ RES = Residential O&G = Oil&Gas D.R. = Ditch Road = House 0 = Shed = Proposed Access A = Existing Access N ....................................... OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions 0 Installation Authorized 0 Information Insufficient Reviewed By: Title: -9- ' • • Weld County Planning Department GREELEY OFFICE .IAN 25 ''ntn Kit (-\‘ :, MEMORANDUMRECEIVED TO: Chris Gathman, W.C. Planning Services• �u 1 11 FROM: Mary Evett, Environmental Health Services OV" - 0 COLORADO SUBJECT: USR-1729 Viaero Wireless (Northup) DATE: JANUARY 22, 2010 Environmental Health Services has reviewed this proposal for a 330 foot wireless communications tower. As no employees will be located at the site, permanent water and sewer is not required. Portable toilets and hand washing units can be utilized during construction of the tower. Bottled water is sufficient for drinking provisions during construction. The application indicates that a 1000 gallon propane tank will be utilized to power the back-up generator and will be buried on the property. The applicant shall comply with the provisions of the Colorado Department of Labor and Employment, Oil and Public Safety Division's Underground Storage Tank Regulations. We have no objections to the proposal; however, we do recommend that the following conditions be part of any approval: We recommend that the following requirements be incorporated into the permit as development standards: 1 . All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. 3. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. 4. Fugitive dust and fugitive particulate emissions shall be controlled on this site. 5. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in Section 14-9-30 of the Weld County Code. 6. Bottled water shall be utilized for drinking during construction of the project. 7. Adequate toilet facilities (portable toilets) and hand washing units shall be provided during construction of the facility. 8. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. 9. The applicant shall comply with all provisions of the State Underground and Above Ground Storage Tank Regulations. 10.The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. 7 Print Form Submit by Email t Weld County Referral of toff 141"r weld County Planning Departmlafluary 4, 2010 GREELEY OFFICE iffi 2 27mn 'lige RECEIVED COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Viaero Wireless(Northup) Case Number USR-1729 Please Reply By February 4, 2010 Planner Chris Gathman Project A Site Specific Development Plan and Use by Special Review Permit for a Non- 1041 Major Facility of a Public Utility (330-foot wireless communication tower and related accessory buildings/structures) in the A(Agricultural) Zone District. Legal Part N2NE4 of Section 4, T7N, R58W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 86 and approximately 650 feet west of the intersection of CR 90 and CR 127. Parcel Number 0723 04 000018 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. You will be notified in wnting of the Planning Commission date once the date is determined. F We have reviewed the request and find that it does / does not comply with our Comprehensive Plan ,because -WeMhave reviewed the request and find no conflicts with our interests. r See attached letter. Comments: _ Signature_.:=- —C,� __ Date ( " �Cl/ U Agency c— WEST GREELEY. CONSERVATION DISTRICT xl/Veld County Planning Dept. xO18 10th Street,Greeley,CO.80631 2(970)353-6100 ext.3540 x(970)304-6498 fax Applicant : Viareo Wireless ( Northup ) Planner : Chris Gathman • CaseNo : USR- 1729 via kl tW ` r r4�62 4 i \ 4 4 \ „„ g5 i..48 _yc<, j"• ^ 5\\NN\s\: w crf -.c rt• - ' �' ;.i i f 't )� _ Count Road . : : ' .. ir •R r r=tez. b 86 J t" r x_11 ,, { �1 - idl S _I, , ` —` i.I 40 54 ny • < ; ¢ . _mot • r j .7 `"<' 57 a 4 45 -= v a . 84 •t 63 �' 7 l 77 r‘\\‘z,',H,________ 60 \_ • _ 44 } . f i '1i -• . V r _ � L_____ `.. ,„ . 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U) ? i i F U • lit Form I Submit by Email Weld County Referral January 4, 2010 III ge COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Viaero Wireless (Northup) Case Number USR-1729 Please Reply By February 4, 2010 Planner Chris Gathman Project A Site Specific Development Plan and Use by Special Review Permit for a Non- . 1041 Major Facility of a Public Utility(330-foot wireless communication tower and related accessory buildings/structures)in the A(Agricultural)Zone District. Legal Part N2NE4 of Section 4, T7N, R58W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 86 and approximately 650 feet west of the intersection of CR 90 and CR 127. Parcel Number 0723 04 000018 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. You will be notified in writing of the Planning Commission date once the date is determined. F We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because F We have reviewed the request and find no conflicts with our interests. r See attached letter. Comments: This is use will not add significant traffic to the state highway,and since the site is off our system,CDOT has no comment. Signature Gloria Hice-Idler Date 01/05/2010 Agency CDOT Wield County Planning Dept. m918 10th Street,Greeley,CO.80631 2(970)353-6100 ext.3540 2(970)304-6498 fax ! Chris Gathman From: Hice-Idler, Gloria [Gloria.Rice-Idler@DOT.STATE.CO.US] Sent: Tuesday, January 05, 2010 7:55 AM To: Chris Gathman Subject: RE: 4b8159CB27CCaA7adb26.xml 1729 Gloria Hice-Idler Permit Supervisor CDOT Region 4 1420 2nd Street Greeley CO 80631 (970) 350-2148 Original Message From: Chris Gathman [mailto:cgathman@co.weld.co.us] Sent: Tuesday, January 05, 2010 7:43 AM To: Hice-Idler, Gloria Subject: RE: 4b8159CB27CCaA7adb26.xml Gloria, For some reason the e-mail title got jumbled up - I just need to verify what case this was in regards to. 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O¢ aVI Ia • - n'656{ 3.95,L5.00N , COVJ t 1" p' �� p�.LZ• '099 3.95,LS.OON la [�. ....----t--------.4 �� \ J a lli 7 ANS 1 ! _2 T itli rur irzi, .] - I -- ' d i lls i 1 irtii , - 1+ �! 511!1 Ili ! 1 iR • WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H St PO Box 758 Greeley CO 80632 Phone: (970 )356-4000 x3750 Fax: (970)304-6497 Road File#: Date: RE# : �� Other Case#: 1. Applicant Name y/A42r) trityel ests (&6 /fir (:Pr-�' Phone 3�3 - 7-43 - // Address '22J/ W. P t �¢ )jvv City Mc va.r State CO Zip 51O7- / 2. Address or Location of Access Section '7/ Township 7 N Range _cg w' Subdivision Block Lot Weld County Road#: f(� Side of Road _Coo 14, Distance from nearest intersection y.sO,lit• r'1. 3. Is there an existing access(es)to the property? Yes Y. No #of Accesses 4. Proposed Use: Ar Permanent 0 Residential/Agricultural 0 Industrial 0 Temporary 0 Subdivision 0 Commercial 0 Other ..............***_..........__<_..t..*********......******......****........._>.....***.....,*****************......******...... 5. Site Sketch Legend for Access Description: AGL_ = Agricultural RES = Residential O&G = Oil&Gas i D.R. = Ditch Road = House = Shed = Proposed Access A = Existing Access r OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions 0 Installation Authorized 0 Information Insufficient Reviewed By: Title: -9- 12/08/2009 2:29:03 PM Commitment o.: 459-H0263300-084-RL6 Lawyers Title Insurance Corporation COMMITMENT SCHEDULE A Commitment No: 459-H0263300-084-RL6 1. Effective Date: November 25,2009 at 7:00 A.M. 2. Policy or policies to be issued: Proposed Insured Policy Amount (a) ALTA 2006 Standard Owner's Policy $26,550.00 NE Colorado Cellular,Inc. dba Viaero Wireless 3. Fee Simple interest in the land described in this Commitment is owned, at the Effective Date by: Delwyn Eugene Northup 4. The land referred to in this Commitment is described as follows: See Attached Legal Description (for informational purposes only) vacant land, New Rayrner, CO 80742 PREMIUMS: Owners Coverage: $539.00 Tax Cert: $25.00 12/08/2009 2:29:03 PM ommitment No.: 459-H0263300-084-RL6 Attached Legal Description A parcel of land located in the Northeast Quarter of Section 4,Township 7 North,Range 58 West of the Sixth Principal Meridian,being more particularly described as follows: Commencing at the Northeast corner of said Section 4,Township 7 North,Range 58 West, thence following the North line of said Section 4 S89°22'51"W, a distance of 650.17 feet to the True Point of Beginning; thence S00°37'09"E,a distance of 606.56 feet;thence S89°22'51"W, a distance of 636.32 feet;thence NOO°37'09"W,a distance of 606.56 feet to a point on the North line of said Section 4; thence following said North line of Section 4 N89°22'5 1"E,"E,a distance of 636.32 feet to the True Point of Beginning, County of Weld, State of Colorado. • 12/08/2009 2:29:03 PM commitment No.: 459-H0263309-084-RL6 SCHEDULE B— Section 1 Requirements The following requirements must be met: a. Pay the agreed amounts for the interest in the land and/or for the mortgage to be insured. b. Pay us the premiums, fees and charges for the policy. c. Obtain a certificate of taxes due from the county treasurer or the county treasurer's authorized agent. d. Evidence that any and all assessments for common expenses,if any,have been paid. e. The Company will require that an Affidavit and Indemnity Agreement be completed by the party(s) named below before the issuance of any policy of title insurance. Party(s): Delwyn Eugene Northup The Company reserves the right to add additional items or make further requirements after review of the requested Affidavit. f. Record proper Subdivision Exemption Map, satisfactory to the Company, creating the parcel to be insured herein. g. Deed sufficient to convey the fee simple estate or interest in the Land described or referred to herein, to the Proposed Insured Purchaser. NOTE: IF THE SALES PRICE OF THE SUBJECT PROPERTY EXCEEDS $100,000.00 THE SELLER SHALL BE REQUIRED TO COMPLY WITH THE DISCLOSURE OR WITHHOLDING PROVISIONS OF C.R.S. 39-22-604.5 (NONRESIDENT WITHHOLDING). END OF REQUIREMENTS • 12/08/20092:29:03 PM Commitment No.: 459-H0263300-084-RL6 SCHEDULE B-Section 2 Exceptions Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction: 1. Any facts,rights, interests or claims that are not shown by the Public Records but which could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachments, encumbrances, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by Public Records. 4. Any lien or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects,liens,encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires of record for the value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof, (c)water rights, claims of title to water, whether or not the matters excepted under(a), (b), or(c) are shown by the Public Records. 7. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b)proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 8. All taxes and assessments, now or heretofore assessed, due or payable. 9. Right of Way and rights incidental thereto for County Roads 30 feet on either side of Section and Township lines as established by the Board of County Commissioners for Weld County, as set forth in a document: Recording Date: October 14, 1889 Recording No: Book 86 at Page 273. 10. Reservations contained in the Patent From: The United States of America To: Barbara E. Barker Recording Date: April 20, 1914 Recording No: Book 396 at Page 124 Which among other things recites as follows: A right of way thereon for ditches or canals constructed by the authority of the United States of America. 12/08/2009 2:29:03 PM • �mmitment No.: 459-110263300-084-RL6 SCHEDULE B-Section 2 Exceptions (Continued) Any vested and accrued water rights for mining, agricultural, manufacturing or other purposes and rights to ditches and reservoirs used in connection with such water rights as may be recognized and acknowledged by local customs, laws and decisions of courts. The right of the proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the premises hereby granted as provided by law. 11. Any existing leases and/or tenancies. 12. An oil and gas lease for the term therein provided with certain covenants, conditions and provisions, together with easements, if any, as set forth therein, and any and all assignments thereof or interests therein. Recording Date: May 14, 1964 Recording No: 1436171. 13. An oil and gas lease for the term therein provided with certain covenants, conditions and provisions, together with easements, if any, as set forth therein, and any and all assignments thereof or interests therein. Recording Date: May 7, 1976 Recording No: 1687952. 14. An oil and gas lease for the term therein provided with certain covenants, conditions and provisions, together with easements, if any, as set forth therein, and any and all assignments thereof or interests therein. Recording Date: August 25, 1980 Recording No: 1833935. 15. An oil and gas lease for the term therein provided with certain covenants, conditions and provisions, together with easements, if any, as set forth therein, and any and all assignments thereof or interests therein. Recording Date: May 23, 1986 Recording No: 2054670. 16. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Red Wave, Ltd. Purpose: laying and maintaining a natural gas pipeline Recording Date: January 5, 1987 Recording No: 2083354. 12/08/2009 2:29:03 PM • Commitment No.: 459-H0263300-084-RL6 SCHEDULE B- Section 2 Exceptions (Continued) 17. An oil and gas lease for the term therein provided with certain covenants, conditions and provisions, together with easements, if any, as set forth therein, and any and all assignments thereof or interests therein. Recording Date: February 4, 1988 Recording No: 2130027. 18. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Wiggins Telephone Association, a Colorado Co-operative Purpose: right of way to construct, maintain, replace and remove underground cable or cables, surface markers, pedestals and associated equipment necessary for communication services Recording Date: May 4, 2009 Recording No: 3620274. END OF EXCEPTIONS • commitment No.: 459-110263300-084-RL6 AFFIDAVIT AND INDEMNITY AGREEMENT TO Heritage Title Company a Colorado Corporation and Lawyers Title Insurance Corporation,a Nebraska Corporation. I. This is written evidence to you that there are no unpaid bills, and to the extent there may be unpaid bills, that the undersigned undertakes and agrees to cause the same to be paid such that there shall be no mechanics or materialmen's liens affecting the property for materials or labor furnished for construction and erection, repairs or improvements contracted by or on behalf of the undersigned on property: legally described as: See Attached Affidavit and Indemnity Agreement Legal Description Property Address: vacant land,New Raymer,CO 80742 2. We further represent that to the actual knowledge and belief of the undersigned there are no public improvements affecting the property prior to the date of closing that would give rise to a special property tax assessment against the property after the date of closing. 3. We further represent that to the actual knowledge and belief of the undersigned there are no pending proceedings or unsatisfied judgments of record, in any Court, State,or Federal,nor any tax liens filed or taxes assessed against us which may result in liens, and that if there are judgments, bankruptcies,probate proceedings, state or federal tax liens of record against parties with same or similar names,that they are not against us. 4. We further represent that there are no unrecorded contracts, leases, easements, or other agreements or interests relating to said premises of which we have knowledge. 5. We further represent that to the actual knowledge and belief of the undersigned we are in sole possession of the real property described herein other than leasehold estates reflected as recorded items under the subject commitment for title insurance. 6. We further represent that there are no unpaid charges and assessments that could result in a lien in favor of any association of homeowners which are provided for in any document referred to in Schedule B of Commitment referenced above. 7. We further understand that any payoff figures shown on the settlement statement have been supplied to Heritage Title Company as settlement agent by the seller's/borrower's lender and are subject to confirmation upon tender of the payoff to the lender. If the payoff figures are inaccurate,we hereby agree to immediately pay any shortage(s)that may exist. If applicable as disclosed or referred to on Schedule A of Commitment referenced above. The undersigned affiant(s)know the matters herein stated are true and indemnifies Heritage Title Company,a Colorado Corporation and Lawyers Title Insurance Corporation,a Nebraska Corporation against loss,costs,damages and expenses of every kind incurred by it by reason of its reliance on the statements made herein. This agreement is executed with and forms a part of the sale and/or financing of the above described premises,and is given in addition to the conveyance and/or financing of the premises in consideration for the conveyance and/or financing, and forms a complete agreement by itself for any action thereon. SELLER: SELLER: Delwyn Eugene Northup State of Colorado }ss: County of Weld The foregoing instrument was acknowledged,subscribed,and sworn to before me on by Delwyn Eugene Northup. (SEAL) Notary Public My Commission Expires: • mmmitrnent No.: 459-H0263300-084-RL6 ATTACHED AFFIDAVIT AND INDEMNITY AGREEMENT LEGAL DESCRIPTION A parcel of land located in the Northeast Quarter of Section 4,Township 7 North, Range 58 West of the Sixth Principal Meridian, being more particularly described as follows: Commencing at the Northeast corner of said Section 4,Township 7 North, Range 58 West,thence following the North line of said Section 4 589°22'51"W,a distance of 650.17 feet to the'frue Point of Beginning;thence S00°37'09"E, a distance of 606.56 feet;thence S89°22'51"W,a distance of 636.32 feet;thence N00°37'09"W,a distance of 606.56 feet to a point on the North line of said Section 4; thence following said North line of Section 4 N89°22'57"E,a distance of 636.32 feet to the True Point of Beginning, County of Weld, State of Colorado. • commitment No.: 459-110263300-084-RL6 STANDARD COMMITMENT FOR TITLE INSURANCE ISSUED BY Heritage Title Company ON BEHALF OF Lawyers Title Insurance Corporation a Lawyers Title LAWYERS TITLE INSURANCE CORPORATION, a Nebraska corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligations under this Commitment shall cease and terminate 6 months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs,provided that the failure to issue such policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. IN WITNESS WHEREOF, Lawyers Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Lawyers Title Insurance Corporation attest: ........,.�` t B /ficO 4.4c Y: ('� o: :moo n+J rt10r,,1 S< SEAL a Secretary `t.:, :o;- President AGREEMENT TO ISSUE POLICY Lawyers Title Insurance Corporation and/or Heritage Title Company, referred to in this commitment as the Company, agrees to issue a policy to you according to the terms of this commitment. When we show the policy amount and your name as the proposed insured in Schedule A,this commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in the Commitment have not been met within six months after the Commitment date,our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-1. The Exceptions in Schedule B-2. The Disclosures and Conditions contained in this Commitment. This Commitment is not valid without SCHEDULE A and Sections 1 and 2 of SCHEDULE B attached. (Revised 6/17/06) • commitment No.: 459-H0263300-084-RL6 CONDITIONS AND STIPULATIONS 1. The term mortgage,when used herein,shall include deed of trust,trust deed,or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien,encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing,the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge.If the proposed Insured shall disclose such knowledge to the Company,or if the Company otherwise acquires actual knowledge of any such defect,lien,encumbrance, adverse claim or other matter,the Company at its option may amend Schedule B of this Commitment accordingly,but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith(a)to comply with the requirements hereof,or(b)to eliminate exceptions shown in Schedule B,or(c)to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is$2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at wir,m.alta.orv. 6. Schedule B—Section I — Includes the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted,all documents must be recorded in the Office of the Clerk and Recorder of the county in which said property is located. DISCLOSURES NOTICE TO PROSPECTIVE OWNERS (A STATEMENT MADE AS REQUIRED BY COLORADO INSURANCE REGULATION) GAP PROTECTION When this Company conducts the closing and is responsible for recording or filing the legal documents resulting from the transaction,the Company shall be responsible for all matters which appear on the record prior to such time of recording or filing. MECHANIC'S LIEN PROTECTION If you are a buyer of a single family residence you may request mechanic's lien coverage to be issued on your policy of insurance. If the property being purchased has not been the subject of construction,improvements or repair in the last six months prior to the date of this commitment,the requirements will be payment of the appropriate premium and the completion of an Affidavit and Indemnity by the seller. If the property being purchased was constructed,improved or repaired within six months prior to the date of this commitment,the requirements may involve disclosure of certain financial information,payment of premiums,and indemnity,among others. The general requirements stated above are subject to the revision and approval of the Company. SPECIAL TAXING DISTRICT NOTICE (A Notice Given In Conformity With Section 10-11-122 C.R.S.) The subject land may he located in a special taxing district,a certificate of taxes due listing each taxing jurisdiction shall be obtained from the county treasurer or the county treasurer's authorized agent,and information regarding special districts and the boundaries of such districts may be obtained from the board of county commissioners,the county clerk and recorder,or the county assessor. PRIVACY PROMISE FOR CUSTOMERS We will not reveal nonpublic personal information to any external non-affiliated organization unless we have been authorized by the customer,or are required by law. CONSUMER DECLARATION STATEMENT This Commitment for Title Insurance may include a Schedule B exception reference to recorded evidence that a mineral estate has been severed, leased,or otherwise conveyed from the surface estate. If such reference is made,there is a substantial likelihood that a third party holds some or all interest in oil,gas,other minerals or geothermal energy in the property. The referenced mineral estate may include the right to enter and use the property without the surface estate owner's permission. You may be able to obtain title insurance coverage regarding and such reference mineral estate severance and its affect upon your ownership. Ask your title company representative for assistance with this issue. • mnitment No.: 459-H0263300-084-RL6 Effective Date 5/1/2008 Fidelity National Financial, Inc. Privacy Statement Fidelity National Financial, Inc. and its subsidiaries ("FNF") respect the privacy and security of your non-public personal information ("Personal Information") and protecting your Personal Information is one of our top priorities. This Privacy Statement explains FNF's privacy practices, including how we use the Personal Information we receive from you and from other specified sources, and to whom it may be disclosed. FNF follows the privacy practices described in this Privacy Statement and, depending on the business performed, FNF companies may share information as described herein. Personal Information Collected We may collect Personal Information about you from the following sources: • Information we receive from you on applications or other forms, such as your name, address, social security number, tax identification number, asset information,and income information; • Information we receive from you through our Internet websites, such as your name,address, email address, Internet Protocol address, the website links you used to get to our websites, and your activity while using or reviewing our websites; • Information about your transactions with or services performed by us, our affiliates, or others, such as information concerning your policy, premiums, payment history, information about your home or other real property, information from lenders and other third parties involved in such transaction, account balances, and credit card information; and • Information we receive from consumer or other reporting agencies and publicly recorded documents. 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Please send requests to: Chief Privacy Officer Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, FL 32204 Changes to this Privacy Statement This Privacy Statement may be amended from time to time consistent with applicable privacy laws. When we amend this Privacy Statement, we will post a notice of such changes on our website. The effective date of this Privacy Statement, as stated above, indicates the last time this Privacy Statement Page 2 of 2 • • CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES The HERITAGE TITLE COMPANY hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. LEGAL DESCRIPTION: The Northeast Quarter of Section 4, Township 7 North, Range 58 West of the 6th P.M., County of Weld, State of Colorado. CONVEYANCES (if none appear, so state): `• Reception No. 1331116 Book 1559 Page 170 ', Reception No. 1849360 Book 927 Reception No. Book Reception No. Book Reception No. Book Reception No. Book Reception No. Book Reception No. Book The certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Title nor an opinion of Title, nor a guarantee of Title and the liability of HERITAGE TITLE COMPANY, is hereby limited to the fee paid for this Certificate. In Witness Whereof, HERITAGE TITLE COMPANY, has caused this certificate to be signed by its proper officer this 25th day of November, 2009, at Greeley, Colorado. Heritage Title Company Order No. H0263302 By: Authorized Signature • • . B33K1559 Mncei7O Recorded �/ JUN -186)3 *__.g9..-ss-�-�s� e q� •' ter. Roc. P7e._,•-_�..B.U�.J,-iW,A,,,,. {n S$rn r,Rscg hr. WARRANTY DEED �A r l4VOW ALL MEN BY THESE PRESENTS, That Vera V. Sweigard, of 1 the County of Weld and State of Colorado, for the consideration of Ten Dollars and other valuable considerations in hand paid, hereby sells and conveys to 6 ≥ Homer E. Northup, of the County of Weld and State of Colorado, the following q real estate and property, 'situate in the County of Weld and State of Colorado, o to-wit: . °aka . .. I h ' ; East One Half(E 1/2) and all.that part of the Northwest Quarter 4 ' fr` UI`. h N°f'4 4, t t Two way of The Chicago, Burlingt nl and Quincy Railroad Company as i $1,474orth of the right of Aie ;a said right of way is now constructed over and across said quartet s (1,L ei section, except that parcel of land as conveyed in deed recorded 1f11k3; in Book 1327 at page 196 of the Weld County records; West Half S, of the Northwest Quarter (W 1/2 NW 1/4) of Section Three (3); Northeast Quarter (NE 1/4) and the North Half of the Southeast •iyp, n u,)o! Quarter (N 1/2 SE 1/4), except that part lying south of Highway No. 14, as conveyed in deed recorded in Book 1269 at page 85 of GFY..•pV,. y ' the Weld County records, and Lots Three (3) and Four (4) of the ~y 41 Northwest Quarter (NW 1/4) of St ction Four (4); all in Township Seven North (T. 7 NJ, Range Fif yeight West (B. 58 W.) of the c , ; E 0,\,77,'::!,'": ;;t; 6th P.M.; South Half (S1/2) Section Thirty-five (35), Township Eight North (T. 8 N.), Range Fifty-eight West (R. 58 W.) of the ,?Al; c 6th P.M.; all in Weld County, C' lorado together with all its appurtenances and warrants title to the same, subject, how- ever, to the following: (1) 1960 taxes due and payable it 1961. (2) That certain indebtedness no,t? outstanding in the amount of Nine Thousand Seven Hundred Fifty and 00/100 Dollars ($9,750.00), as evidenced by deed of trust dated October 5, 1953, rcurrdcd October 13, 1053 in Book 1371 at page 31 of the Weld County records, which the Grantee herein assumes and agrees to pay. (3) Rights of way for roads, ditches, power lines, or other easements as granted by instruments of record or as now existing on said premises. (4) Any and all reservations, mineral grants, limitations, conditions and o exceptions contained in instruments of recur\ which in any way relate to or burden the above bargained premises, and specifically excepting and reserving from the above described premises all such right, title and interest in oil, gas, minerals and mineral rights that have heretofore been reserved by other parties by deeds now of record or have heretofore been conveyed to other parties as shown by deeds now of record. (5) Excepting and reserving unto the Grantor all oil, gas and other minerals and mineral rights in, upon and under SE 1/4 SE 1/4 Sec, 2, T. 7 N., R. 58 W. of the 6th P.M., Weld County, Colorado not heretofore reserved by other parties or ( conveyed to other parties, all as shown by deeds now of record. t. re 0 - 600«i559i7t _ 2 _ 43 4 (6) Excepting and reserving unto the cantor an undivided one-half (1/2) interest in and to all of the remaining oil, gas and other minerals and mineral rights in, upon and under the above described property (except as to the SE 1/4 SE 1/4 Sec. 2, T. 7 N., R. 58 W. of the BthF.M., Weld County, Colorado to which all oil, gas and other minerals and mineral rights are reserved) owned by the Grantor herein and not heretofore reserved by other parties or conveyed to other parties as shown by deeds now of record; it being the intention hereby to convey to the Grantee an . undivided one-half (1/2) interest of all remaining and existing oil, gas and other minerals and mineral rights in, upon and under said above described property(except as to the SE 1/4 SE 1/4 Sec. 2, T. 7 N., R. 68 W. of the 6th P.M., Weld County, Colorado, as above described) now owned by the Grantor and not heretofore reserved by other parties or conveyed to other parties as shown by deeds now of record and to reserve and retain the other one-half(1/2) interest thereof of said remaining oil, gas and other minerals and mineral rights owned by the Grantor (except as to the SE 1/4 SE 1/4 Sec. 2, T. 7 N., R. 68 W. of the 6th P.M., Weld County, Colorado, as above described) for and by the Grantor herein. (7) Any oil, gas and mineral leases of record now outstanding. Signed and delivered this /4aay of May, 1960. Vera V. Sweigar� Seller. STATE OF COLORADO ) ) SS COUNTY OF WELD ) The foregoing instrument was acknowledged before me this o3/Jay of May, 1960, by Vera V. Sweigard. WITNESS my hand and official seal. My commission expires: My Commission expires September 17, 1931 s`cop poNlu/4,o rrr°e�i}"r d SPA ` 1.n......RIiJ Notary Public rn‘rrInk It% .�� 4'!rt ice.,,;,.L. o`Os`Nt, t; • • b„n,C , r[p 1981 Weld County, Colorado C-� 9,7 Recorded nt 0( e'ciock. P sIy,s_r.`�t' 1 i._�"" Reception No. 189360 �rC•]y/VI(/'�•/�• /�«i Recorder.efi' HOMER E. NORTHUP, also known as H.R. NORTHUP and E. MARIE NORTHUP, his wife, • F: m whose address is: New Raymer, Colorado 80742 State Documentary Fee Da,, FEB 10 1981 County of Weld ,State of Colorado f tD.00 a ,for the consideration of • o ONE HUNDRED THOUSAND AND NO/100 dollars,in hand paid,hereby sell(s) and convey(s) to 0 DELWYN EUGENE NORTHUP, an unmarried man, • • t' o nr whose legal address is : New Rayner, Colorado 80742 County of Weld , and State of Colorado the following real property in the County of Weld . and State of Colorado, to wit: r- The Fa of Section 2, the Wlt of the MJ2y of Section 3, the NEz and the N3 of the 2 SE14, except that part lying South of Highway 14, as conveyed in Deed recorded in v7 Book 1269, at Page 85, Weld County Records, and Lots 3 and 4 of the NWly of Section eb LL 4; all in Township 7 North, Range 58 West of the 6th P.M., Weld County, Colorado. The Sr of Section 35, Township 8 North, Range 58 West of the 6th P.M., Weld r"-i County, Colorado. Except Right of Way as granted by Instrument recorded in Book r" 445, Page 308, Weld County Records. Except parcel of land as conveyed in Deed recorded in Book 1327, Page 196, Weld County Records. Except Right of Way as conveyed by Instrument recorded in Book 1431, Page 78, Weld County Records. Except Easements as granted by Instruments recorded in Book 520 as Reception No. 1441921 and in Book 862 as Reception No. 1783736, Weld County Records. Except i'o Right of Way Easement Option as granted by Instrument recorded under Reception No. 1764434, Book 842, Weld County Records. J Q also known as street and number • with all its appurtenances, and warrant(s) the title to the same, subject to current taxes, easements, restrictions, reservations, if any, of use and/or record. • Signed this 10th day of February� v/, 19 81 .HoL ones E�No tltup, . o known as t amp wPlelfiith pG STATE OF COLORADO, County of Weld ss. The foregoing instrument was acknowledged before me this 10th day of February ,19 81 ,by Homer E. Northup, also known as H.E. Northup and E. Marie Northup, his wife, 't��a'trEolmntission expires January 12, 1983 s> .Witne�s,hjp.hand and official seal. : GARY .p; C Stanley E- Comfort rS,.,.a.pubs. /'U of • P 9f CC No.at W...•^41 Deed—sm.r Form-ar.emm Yuba.hlne C, O165Wes!q,n A.enue.Golden.Colorado'0401—13031270 0644—4.00 Case#: USR-1729 Name: Viaero Wirelss(Northup) Proposed Project: USR for 330 foot communication tower& related accessory buildings in the Agricultural Zone District Location: South of and adjacent to CR 86 and approximately 650 feet west of the intersection of 71ff �' Weld County CR 90 and CR 127. Planner: Chris Gathman Planning Services WIND 918 10m St e Greeley CO 80631 L _ COLORADO (970) 353-6100 ext. 3540 l— c..I __ WI 11 1 IIII�'i I11 i{11 11 I ■1 n Application Review Notification Card This is to notify you that the project listed on the other side of this card is within five-hundred (500) feet of your property. You will be notified of any future meetings regarding the proposed project on this property. If you would like more information regarding this proposal and the conditions that must be met, the file is public information and is available for review at our office. Comments or objections related to the request should be submitted in writing to the Weld County Department of Planning Services, 918 10th Street, Greeley, CO 80631. SURROUNDING PROPERTY OWNERS CERTIFICATE OF MAILING USR-1729 I hereby certify that I have placed a true and correct copy of the surrounding property owners SURFACE ESTATE LAND OWNERS in accordance with the notification requirements of Weld County in Case Number USR-1729 in JUDITH ACIERNO the United States Mail, postage prepaid First CIO SARA VON FELDT Class Mail by letter as addressed on the 39540 BLVD B attached list this 5h day of January, 2010. EATON CO 80615 ROBERT BULLARD Dated the 5h day of January, 2010. 4804 PAWNEE DR GREELEY CO 80634 Lr(t :, iri kair JEFFREY HEPPNER Kristine Ranslem 62375 HWY 14 Recording Secretary for Planning Commission NEW RAYMER CO 80742 ALICE KRAGER BOX 15 NEW RAYMER CO 80742 DELWYN NORTHUP BOX 87 NEW RAYMER CO 8042 DENNIS PEJSA PO BOX 18 ATWOOD CO 80722 NORMA SULLIVAN TRUSTEE 1769 CAPISTRANO GLEN ESCONDIDO CA 92026 AFFIDAVIT OF INTERESTED ,ND OWNERS • Page I of 2 AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE Subject Parcel: 072304000018 THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled from the records of the Weld County Assessor was assembled within thirty days of the application's submission date. P4/12-4.2-- Signature /02/0147 Date Property Owners Within 500 ft. of Parcel# 072304000018 NAME I MAILING ADDRESS I PARCEL IDENTIFICATION# ACIERNO JUDITH A 1/2 INT & C/O SARA VON FELDT 39540 BLVD B 072305000012 Additional Owners: VON FELDT SARA J 1/2 INT EATON,CO 80615 4804 PAWNEE DR BULLARD ROBERT E 072304000016 GREELEY,CO 80634 62375 HWY 14 HEPPNER JEFFREY A 072304000014 NEW RAYMER,CO 80742 BOX 15 KRAGER ALICE 053734000003 NEW RAYMER,CO 80742 BOX 87 NORTHUP DELWYN EUGENE 072303000001 NEW RAYMER,CO 80742 BOX 87 NORTHUP DELWYN EUGENE 072303000032 NEW RAYMER,CO 80742 PEJSA DENNIS & PO BOX 18 072304000013 Additional Owners: ATWOOD,CO 80722 PEJSA LINDA 1769 CAPISTRANO GLEN SULLIVAN NORMA S TRUSTEE 072303000003 ESCONDIDO,CA 92026 http://maps2.merrick.com/website/weld/setsgl.asp 12/4/2009 AFFIDAVIT OF INTERESTED •ND OWNERS • Page 2 of 2 1769 CAPISTRANO GLEN SULLIVAN NORMA S TRUSTEE 072303000004 ESCONDIDO,CA 92026 USA 053732000006 EXEMPT, USA 053733000005 EXEMPT, U S A 053733000006 EXEMPT, http://maps2.merrick.com/website/weld/setsgl.asp 12/4/2009 GEOTECHNICAL ENGINEERING REPORT "NEW RAYMER" CELLULAR TOWER SOUTHEAST % OF SECTION 4, TOWNSHIP 7 NORTH, RANGE 58 WEST WELD COUNTY, COLORADO TERRACON PROJECT NO. 20075042 June 1, 2007 Prepared for: Viaero Wireless 1224 West Platte Avenue Fort Morgan, Colorado 80701 Attn: Mr. Robert Hirsekorn Prepared by: Terracon Consultants, Inc. 301 North Howes Street Fort Collins, Colorado 80521 Phone: 970-484-0359 Fax: 970-484-0454 lierracon June 1, 2007 llerracon Consulting Engineers 8 Scientists Viaero Wireless 301 North Howes Fort Collins,Colorado 80521 1224 West Platte Avenue Phone 970.484.0359 Fort Morgan, Colorado 80701 Fax 970.484.0454 www.terracon.com Attn: Mr. Robert Hirsekom Re: Geotechnical Engineering Report "New Raymer" Cellular Tower Southeast ' of Section 4, Township 7 North, Range 58 West Weld County, Colorado Terracon Project No. 20075042 Terracon Consultants, Inc. (Terracon) has completed geotechnical engineering exploration for the proposed cellular tower to be located in the Southeast t/ of Section 4, Township 7 North, Range 58 West in Weld County, Colorado. This study was performed in general accordance with our Master Service Agreement D2306380R.2 dated December 5, 2006. The results of our engineering study, including the Boring Location Diagram, laboratory test results, Logs of Borings, and the geotechnical recommendations needed to aid in the design and construction of foundations and other earth connected phases of this project are attached. We appreciate being of service to you in the geotechnical engineering phase of this project, and are prepared to assist you during the construction phases as well. If you have any questions concerning this report or any of our testing, inspection or design and consulting services, please do not hesitate to contact us. Sincerely, TERRACON CONSULTAN (% � -ea .....�4 +" I SCf°�; ..... LbVcl'r: )111 Oyu Ifl koteffi o• 40208 •p• # 12J. Jobe, R and L. Denton, II, P.E.'\.41S/0ZAt.- P.E. Geotechnical Department Mari:`- ��—'� Regional Manager Copies to: Addressee (2) Delivering Success for Clients and Employees Since 1965 More Than 80 Offices Nationwide TABLE OF CONTENTS Page No. Letter of Transmittal ii INTRODUCTION 1 PROPOSED CONSTRUCTION 1 SITE EXPLORATION 2 Field Exploration 2 Laboratory Testing 2 SITE CONDITIONS 3 SUBSURFACE CONDITIONS 3 Soil Conditions 3 Field and Laboratory Test Results 3 Groundwater Conditions 3 ENGINEERING ANALYSES AND RECOMMENDATIONS 3 Geotechnical Considerations 3 Foundation Systems 4 Tower Foundation 4 Equipment Support 5 Tower Guy Anchorage 5 Seismic Considerations g Earthwork 7 General Considerations 7 Site Preparation 7 Subgrade Preparation 8 Fill Materials and Placement 8 Excavation and Trench Construction 9 Underground Utility Systems g Surface Drainage 9 GENERAL COMMENTS 9 APPENDIX A: LOGS OF BORINGS APPENDIX B: LABORATORY TEST RESULTS APPENDIX C: GENERAL NOTES GEOTECHNICAL ENGINEERING REPORT "NEW RAYMER" CELLULAR TOWER SOUTHEAST 1/4 OF SECTION 4, TOWNSHIP 7 NORTH, RANGE 58 WEST WELD COUNTY, COLORADO TERRACON PROJECT NO. 20075042 June 1, 2007 INTRODUCTION This report contains the results of our geotechnical engineering exploration for the proposed cellular tower to be located in the Southeast '''A of Section 4, Township 7 North, Range 58 West in Weld County, Colorado. The purpose of these services is to provide information and geotechnical engineering recommendations relative to: • subsurface soil conditions • groundwater conditions • foundation design and construction • lateral earth pressures • surface drainage • earthwork The recommendations contained in this report are based upon the results of field and laboratory testing, engineering analyses, and experience with similar soil conditions, structures and our understanding of the proposed project. PROPOSED CONSTRUCTION Based on information provided by Mr. Robert Hirsekorn of Viaero Wireless, construction is anticipated to consist of an approximately 330-foot tall guyed communications tower in Weld County, Colorado utilizing a ring or mat foundation. The guy wire foundations are anticipated to consist of concrete dead-man anchors. The dead man anchors are anticipated to be on the order of 3 feet in height by 3'A feet in width by approximately 20 feet in length at a depth of about 8 feet below finished grade. Other major site development includes the construction of an approximate 9-foot by 15-foot ancillary equipment pad. "New Raymer"Cellular Tower Terracon Vlaero Wireless Terracon Project No.20075042 June 1,2007 SITE EXPLORATION The scope of the services performed for this project included a site reconnaissance by a field engineer, a subsurface exploration program, laboratory testing and engineering analyses. Field Exploration: Four test borings were drilled on May 15, 2007 to depths of approximately 15 to 30 feet below existing site grade at the locations staked by the project surveyors. One boring was drilled in the proposed tower location, and three borings were drilled at the proposed guy anchor locations. The borings were advanced with a truck-mounted drilling rig, utilizing 4- inch diameter solid-stem auger. The boring locations were marked prior to drilling operations by Contract Surveyors, LTD with survey markers that denoted the proposed tower and guy anchor locations. Elevations were taken at each boring location by interpolation from contours indicated on the provided Site Layout. The accuracy of boring locations and elevations should only be assumed to the level implied by the methods used. Lithologic logs of the borings were recorded by the field engineer during drilling operations. At selected intervals, samples of the subsurface materials were taken by driving split-spoon and ring barrel samplers. Penetration resistance measurements were obtained by driving the split-spoon and ring barrel samplers into the subsurface materials with a 140-pound hammer falling 30 inches. The penetration resistance value is a useful index to the consistency, relative density or hardness of the materials encountered. Groundwater measurements were made in each boring at the time of site exploration and immediately following drilling operations. The borings were backfilled with auger cuttings prior to leaving the site. Some settlement of the backfill should be anticipated. Laboratory Testing: Samples retrieved during the field exploration were returned to the laboratory for observation by the project geotechnical engineer, and were classified in general accordance with the Unified Soil Classification System described in Appendix C. At that time, the field descriptions were confirmed or modified as necessary and an applicable laboratory testing program was formulated to determine engineering properties of the subsurface materials. Logs of Borings were prepared and are presented in Appendix A. Laboratory test results are presented on the Logs of Borings and in Appendix B, and were used for the geotechnical engineering analyses, and the development of foundation and earthwork recommendations. Laboratory tests were performed in general accordance with the applicable Terracon test standards. 2 "New Raymer"Cellular Tower Terracon Viaero Wireless Terracon Project No.20075042 Jurie 1,2007 Selected soil samples were tested for the following engineering properties: • Water content • Plasticity index • Dry density • Grain size • Consolidation SITE CONDITIONS At the time of our exploration, the site was relatively flat to gently sloping with a moderate growth of native grasses and weeds. The site was bordered on all sides by undeveloped agricultural land. Site drainage was generally in the form of directed towards the south and east. SUBSURFACE CONDITIONS Soil Conditions: As presented on the Logs of Borings, the subsurface soils consisted of sandy lean clay to depths of about 2-1/2 to 3-1/2 feet below existing site grade. Claystone bedrock was encountered below the native soils and extended to the total depths of exploration of about 15 to 30 feet. Field and Laboratory Test Results: Field test results indicate that the native clay soils vary from medium stiff to stiff in consistency. The claystone bedrock varies from weathered to medium hard in hardness. Laboratory test results indicate that soils at shallow depth have low expansive potential and exhibit low compression at in-situ water contents. The claystone bedrock is low to highly expansive. Groundwater Conditions: Groundwater was not observed the test borings at the time of field exploration and at the completion of drilling operations. These observations represent groundwater conditions at the time of the field exploration, and may not be indicative of other times, or at other locations. Groundwater levels can be expected to fluctuate with varying seasonal and weather conditions. ENGINEERING ANALYSES AND RECOMMENDATIONS Geotechnical Considerations: Based on the results of our field investigation, laboratory testing program and geotechnical analyses, development of the site is considered feasible from a geotechnical standpoint provided that the conclusions and recommendations provided herein are incorporated into the design and construction of the project. However, the relatively shallow expansive claystone bedrock will require particular attention during the design and construction 3 "New Raymer"Cellular Tower Terracon Vlaero Wireless Terracon Project No.20075042 June 1,2007 of the project. Expansive bedrock is present on this site. This report provides recommendations to help mitigate the effects of soil shrinkage and expansion. However, even if these procedures are followed, some movement and cracking in the structure should be anticipated. The severity of cracking and other damage such as uneven floor slabs will probably increase if any modification of the site results in excessive wetting or drying of the expansive soils. Eliminating the risk of movement and distress may not be feasible, but it may be possible to further reduce the risk of movement if the measures outlined in this report are implemented during and after construction. We would be pleased to discuss other construction alternatives with you upon request. Design and construction recommendations for foundation systems and other earth connected phases of the project are outlined below. Foundation Systems: Recommendations for the tower and equipment support foundation and tower guy anchorage are discussed below. • Tower Foundation: A mat or ring foundation bearing on a minimum of 5 feet of overexcavated, reworked, and moisture conditioned, compacted fill at least 3 feet below finished grade may be considered for support of the proposed tower. The foundation may be designed for a maximum allowable bearing pressure of 2,500 pounds per square foot (psfl• Total movement resulting from the assumed structural loads is estimated to be on the order of about 1 inch. Additional foundation movements could occur if water from any source infiltrates the foundation soils; therefore, proper drainage and irrigation practices should be incorporated into the design and operation of the facility. Failure to maintain soil water content will nullify the movement estimates provided above. The subgrade soils should be removed to a minimum depth of 5 feet and a minimum of 5 feet horizontally beyond the edge of the foundation. Compacted fill should extend laterally an additional distance of 8 inches for each additional foot of excavation beyond the 5-foot minimum depth. After scarification, water conditioning and compaction of the base of the over-excavation, materials should be placed according to the recommendations contained in the"Earthwork" section of this report. For structural design of mat foundations, a modulus of subgrade reaction of 150 pounds per cubic inch (pci) may be used when bearing on 3 feet of compacted fill. Other details including treatment of foundation soils and observation of foundation excavations are applicable for the design and construction of mat foundation at the site and are outlined below. 4 Hello