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Home My WebLink About20092454.tiff• • • • SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW (USR) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT # /AMOUNT # /$ CASE # ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number 1313 32 000031 (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: Lot A RE -281 Section 32 Township 02 North, Range 68 West Flood Plain: No Zone District A , Total Acreage: ,213 Overlay District: No Geological Hazard: No FEE OWNER(S) OF THE PROPERTY: Name: Amazing Farm Events dba Anderson Farms c/o Jim Anderson Work Phone # Home Phone # (303) 776-8628 Email Address: Address: 3538 WCR 28 Coo?6 GtZS City/State/Zip Code: Longmont, se 00504• F £,c, h an'ii 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: Todd Hodges Design, LLC Work Phone #: (970) 613-8556 Home Telephone #: N/A Email Address: toddhodgesdesign(a�gwest.net Address: 1269 North Cleveland Avenue City/State/Zip: Loveland, CO 80537 PROPOSED USE: A Site Specific Development Plan and Use by Special Review Permit for a Guest Farm as a Use Allowed by Special Review in the Agricultural Zone District. 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 the signatory has to legal authority to sign for the corporation. /n,Jo9 ture: Owner or Authorized Agent D to Signature: Owner or Authorized Agent Date i EXHIBIT 2009-2454 • • • To Whom It May Concern: James E. Anderson 3528 WCR 28 Longmont, Colorado 80504 Please be advised that I, James E. Anderson, Property Owner and Authorized agent, hereby authorize Todd Hodges Design, LLC to represent me in my endeavor to obtain an Amended Use by Special Review Permit for property described as Lot A RE -281, located in Section 32, T02N, R68W of the 6th P.M., Weld County, Colorado. • • • • • • Address: 7a Ct 3%. BusinessOwner: MIES City,ST,Zip: LriC /AN: -EPSON) Phone: .3a3- %76 -96.2 Home Address: City, ST, Zip: List three persons in the order to be called in the event of an emergency: NAME TITLE ADDRESS ,JAMt5 A,tbietrS0rJ 6 7;R cR a Errt 303-7%6 — Be; 2 a4-'CNct_ 4r4erso t.J ti 303 - 506 -¢3 57 TLhe e_ Oral it .3?73-ea* - 5..2)0 7 pay s Business Hours: /0QW) 1.0 11 Wm Type of Alarm: None =urgla Name and address ofAlarm Company Location of Safe: Silent PHONE MISCELLANEOUS INFORMATION: Number of entry/exit doors in this building: 6 Location(s): Fk afro eSt 11 Is alcohol stored in building? Location(s): NOT / N Are drugs stored in building? NO Location(s): Are weapons stored in building? AID Location(s): The following programs are offered as a public service of the Weld County Sheriff's Office. Please indicate the programs of interest. ✓ Physical Security Check ✓ Crime Prevention Presentation UTILITY SHUT OFF LOCATIONS: Main Electrical: NCa't e/nTrrn...C Gas Shut Off: Natt. 5tC-C cy „ 1N 0 ‘kA -2- Exterior Water Shutoff: /Jea'i- Cam^ irt^"t"e Interior W aterShutoff: 13a.6Cnnr/n.'t -13- • DWIPt • • MEMORANDUM TO: Referral Agencies and Surrounding Property Owners DATE: July 6, 2009 FROM: Michelle Martin vAA 1Y SUBJECT: AmUSR-1232 The applicant has made several modifications to their application such as the number of events and the maximum number of participants per day. Attached are updated copies of map and the applicant's response to many of the concerns expressed by the referral agencies. Please update your referral response to reflect the proposed modifications. Weld County Planning Department GREELEY OFFICE dill 13 7fr1q J IJ J T� RECEIVED Toad[ od es 2412 Denby Court, Fort Collins, Colorado 80526 Date: July 10, 2009 To: Michelle Martin Project: Anderson Farms AmUSR-1232 Via: Fax Mail x Pick Up Hand Deliver • We Transmit for your: Information Approval Signature • Letter of Transmittal UPS Ovemight Courier Files x Correction Return Number of Copies: 1 Number of Pages: 3 Remarks: Michelle, as requested enclosed is the original letter to you dated June 30, 2009 for your records. I will be out of the office July 13th through the 17th but will be checking emails. Please contact me once you have a date for the Board of County Commissioners hearing. Contact me should you need any further information. Thank you! From: Todd Hodges • • • Anderson Farms 6728 WCR 3 ''A Erie, Colorado 80516 June 30, 2009 Ms. Michelle Martin Weld County Planning Department 4209 WCR 24.5 Longmont, Colorado 80504 RE: Anderson Farms AmUSR-1232 referral and staff comments and modifications to request. Dear Ms. Martin: As you are aware we have been working diligently on several items listed in referral comments since receipt of the referrals at our September 2008 meeting with you. This letter is intended to address comments concerning the items listed in your application meeting notes dated September 3, 2008 and other subsequent meetings. Proposed modifications to the events and daily allowed numbers are included below. As indicated verbally in the past, I would like to make it clear that our request doesn't include stand alone music events such as a "Blues Festival" or the like. Bands for private and smaller events will still be allowed and are typically set up inside. I will outline the items as they are listed in your applicant meeting notes dated September 3, 2008. Changes to Plat: The plat has been modified as requested and additional information has been placed on the plat for review. A copy of the modified plat is attached. Health Department: Based on our correspondence with the Health Department we are making some minor modifications to the application concerning the daily numbers allowed and the special event numbers. Our original application request in section 5 of the questionnaire indicated that we are requesting: • Up to 6 events per year with a maximum of 10,000 participants per day of the event; • Up to 10 events per year with a maximum of 5000 participants per day of the event; • The rest of the year up to 1200 participants per day. 1 • • • The proposed changes to the special events and the daily allowed numbers from our original submittal are as follows: • Up to 6 events per year with a maximum of 10,000 participants per day of the event; • Up to 10 events per year with a maximum of 5000 participants per day of the event; • Up to 10 events per year with a maximum of 1200 participants per day of the event; • The rest of the year up to 499 participants at any one time, consistent with the existing USR-1232 permit. We believe that this proposed reduction in the daily participants throughout the year is more consistent with the actual needs of the existing and potential activities on this site. As stated in the prior application materials most of the events on this site are private events with less than 200 participants per day and mainly occur indoors. Building Department: We have been working with the Weld County Building Department concerning the items that have been discussed in the referral comments and subsequent meetings. We will continue to work with the Weld County Building Department and the Mountain View Fire Protection District towards completion concerning design of any future haunted theme design and obtaining appropriate building permits as required. Left Hand Water District: I have reviewed the referral dated July 31, 2008 from the Left Hand Water District and discussed the requirements with a representative of the District. If Am-USR-1232 is approved we will work with the Water District to meet the requirements for being re- classified as a commercial customer. CDOT: As you are aware, we have been working with CDOT to obtain an access permit at SH52 and CR 3.5. We are now in receipt of the approved permit and no additional construction at the intersection of SH52 and CR 3 '4 will be required for our Am-USR 1232 application. Mineral Owners: As requested, we have shown the no -build circles around the existing oil/gas facilities on this site. This proposed amendment does not include the construction of any new buildings and therefore does not affect the existing oil/gas operations on this site. Access to the oil/gas facilities is not proposed to change. The haunted theme area has an existing pole barn that is located outside the 150' radius of the well facility. Any future construction in the haunted theme area will be located outside of the 150' circle and will be reviewed by the Weld County Building Department and the Mountain View Fire Protection District. 2 Boulder and Weld County Ditch Company: I have reviewed the letter dated July 28, 2008 concerning the Ditch Companies request. The Ditch is located on the southwesterly portion of the farm where farming and agricultural uses occur. The uses of the property associated with the existing USR-1232 and the proposed uses that would be allowed under AmUSR-1232 will not impact the use of the ditch. As requested in the letter, there will be no intrusion from uses associated with AmUSR-1232 on the easement area historically accessed for maintenance and operation of the ditch without Ditch Company written permission. Town of Frederick: I have reviewed the referral comments from the Town of Frederick dated July 31, 2008 and our representative has been in correspondence with Mr. Tucker concerning our application. As requested in the referral, should we decide to change or expand the use beyond the AmUSR-1232 uses in the future we would be more than happy to discuss the options concerning annexation with the Town of Frederick prior to any change in use or expansion in activity. Clarification of maximum number of employees on site during peak events and daily events: As stated in the original questionnaire section 5b there are four to six employees on the site year round for standard operations and maintenance of the facility and the farm. During large events such as the harvest festival as many as 50 employees may be on the site during the busiest weekend evenings. The larger event employees include actors in the corn maze and haunted theme area, maintenance, security & safety personnel, site management and EMT personnel. Clarification concerning alcoholic beverages: Alcoholic beverages are not allowed for our large fall festival event. Other events will be on a case by case basis and will be required to obtain the appropriate state and local permits prior to the event. Department of Army Corp of Engineers; I have reviewed the letter dated July 30, 2008. The proposed amendment doesn't affect any know aquatic site. I will contact the Department of Army Corp of Engineers should any work be proposed in an aquatic site as stated in the letter. I have attached a copy of the updated plat and a copy of the Sewage Disposal and Portable Toilet Plan for your records. This letter should address the items listed. Should you require additional information please contact me or my consultant Todd Hodges at 970-613-8556. Respectfully Submitted, JiM nderson Ander n Farms 3 Sewaee Disposal and Portable Toilet Plan for AmUSR-1232: An appropriate number of portable toilets and hand washing stations will be provided on site for any event over 200 people at one time. The number of portable toilets used will be determined by past experience and review of the Stanford Event and Labor Services Portable Toilet Chart as follows: A minimum of 16 portable toilets and 3 hand washing stations will be provided for the largest temporary events up to 10,000 people. A minimum of 8 portable toilets and 2 hand washing stations will be provided for the temporary events with up to 5000 people. A minimum of 4 portable toilets and 1 hand washing station will be provided for the temporary events of up to 1200 people. These larger events typically do not have the maximum number on site at any one time. Should an event have the maximum number on site at any one time the event duration would typically be two hours or less. Portable toilets will be added on an "as needed" basis for events when necessary. The existing permanent restroom facilities will be available for all the events. For events that have 1200 or more people the septic tanks will be pumped and hauled by a Weld County licensed pumper in good standing. The tanks will be pumped as necessary on the Friday, Saturday, Sunday and Monday of the event. • • Application Materials contain two CD's • • (Contents have been printed and included in the file) Please see original file • • Date: 17 -Jul -08 To: Kim Ogle Project: AmUSR-1232 Via: Todd Hodges Di 1/4.1g11, LL( Fax Mail Pick Up Hand Deliver We Transmit for your: Information Approval X Signature 1269 North Cleveland Avenue Loveland, CO 80537 (970) 613-8556 Phone / (970) 613-8775 Fax Letter of Transmittal X UPS Overnight Courier Files Correction Return Number of Copies: 21 Number of Pages: varies by packet type Remarks: Kim, attached is the original application packet, check #1822 in the amount of $2500.00, a cd disc with an electronic version of the drawing, 2 full size packets with all materials, and 18 smaller packets. Please contact me if you need any further information or have any questions. We look forward to working with you on this project. Todd A. Hodges, ASLA, Principal Todd Hodges Design, LLC Todd Hodges Design, LLC Amended USR-1232 For Property described as Lot A, RE - 281 Located in part of Section 32, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado Prepared for Amazing Farm Events dba Anderson Farms c/o Jim Anderson 6876 CR 5 Erie, Colorado 80516 Prepared by: Todd Hodges Design, LLC 1269 North Cleveland Avenue Loveland, Colorado 80537 Submitted: July 17, 2008 1269 North Cleveland Avenue • Loveland, Colorado 80537 • (970) 613-8556 • fax (970) 613-8775 email: toddhodge.sdesign(agwestofcanet Todd Hodges Design, LLC Amended USR-1232 Table of Contents 1. Memo from pre -application meeting dated January 31, 2008 2. Pre -application comments dated March 24, 2008 3. Response to pre -application comments 4. Correspondence from Jennifer Simmons dated March 29, 2008 5. Drill window graphic 6. Drainage discussion from Donald Graffis with NCRS dated May 14, 2008 7. Ticket sales for Fall Festival event for 2005 - 2007 8. Application Form 9. Authorization Form 10. Emergency Form 11. Surrounding Property Owner list 12. Questionnaire 13. Road Access Information Form 14. Reduced plat 15. Soils Narratives 16. Proof of Adequate Water Supply 17. Septic permit 18. Additional services 19. Deed 20. Certificate of Conveyance 21. Vicinity map and Plat, attached 22. Traffic Impact Study, attached 1269 North Cleveland Avenue • Loveland, Colorado 80537 • (970) 613-8556 • fax (970) 613-8775 email: toddhodgesdesign(agwestoffice.net • • • • SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW (USR) QUESTIONNAIRE aMAIZEing Farm Events dba Anderson Farms This application has been prepared by established guidelines found in the Weld County Code, Use by Special Review Application Requirements, and the most current Weld County Procedural Guide for a Use by Special Review Application as found on the Weld County Web Site. 1. Explain, in detail, the proposed use of the property. This proposal is an amendment to the existing uses of the approved USR-1232 approved in 1999. Due to the continued growth and interest in this type of "agritainment" or agriculturally related activities, the proposed amendment would allow for the continuation of wholesome family activities while allowing for the preservation of a large operating farm in Weld County. The uses include the continuation of agricultural production on the farm in conjunction with the guest farm activities which include the following: Corn maze and out -door haunted theme in conjunction with a portion of the corn maze during the fall, pumpkin, plant and tree sales, hay rides, farm animal area for visitors, kids play area, food service and sales area, group meetings, educational events, wedding events, outdoor gatherings, non-profit group events, and educational field trips for all ages to educate participants in the importance of continued fanning. A First Aid center is located near the site entrance. During high -use times, private security personnel are on site. At least one EMT is employed as a first responder to all emergencies. One or more employees are trained as EMT. On site communication is achieved by radios/cell phones. In the event of an emergency, a mobile mega phone is also used. In the event of an emergency, such as the need for emergency evacuation, an air horn is used to get patrons attention. This site has operated since 1999 and has continued to grow in popularity. The nature of this business is greatly affected by the seasonal weather, changing trends and how well the operation is managed. This past fall festival season was a great success and a good example of how the site is well managed with numbers of participants that are very close to the maximum being proposed. 2. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 22 (Comprehensive Plan). This Use by Special Review application has been prepared utilizing the process outlined in the Weld County Code and Procedural Guides. The Guiding Principles of the Comprehensive Plan found in Section 22-1-120 states, "Land use changes must afford flexibility based on the specific location and the particular circumstances encountered within this locality. It is also important to weight the cumulative impacts that specific land use changes will have." This proposal is respectful of the surrounding uses. The applicant has pride in the continuation of agricultural activities on this site and wants to exhibit pride to its customers by operating from a clean site. The uses proposed will be compatible with the existing and future development of the surrounding area as permitted by the existing zone district and with future development as projected by 1 • • • • • Chapter 22 of this Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. • The property is not located within the I-25 Mixed Use Development area. • The property is not located within an Intergovernmental Agreement Boundary. • The continuation of agricultural production on this site allows for passive open space enjoyed by surrounding areas. • Surrounding land uses include residential and agricultural uses. Gravel mining is in close proximity to the site. The Comprehensive Plan states, 'The County will cooperate with the applicant in evaluating the objectives of the applicant and the options available to the applicant while ensuring the health, safety and welfare of County residents." Through the existing permit and this application development process, the applicants have carefully considered the health, welfare and safety of participants to this site. Services exist to the site. The applicants have been working closely with Weld County Planning Services, Weld County Public Health, Weld County Public Works, and Mountain View Fire Protection District. 3. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 23 (Zoning) and the zone district in which it is located. This application has been filed in accordance with Article 2, Division 4, Chapter 23 of the Weld County Code, starting with Section 23-2-200. Application materials submitted comply with Article V of Chapter 23 of the Weld County Code (Overlay Districts). • The property is not located within the I-25 Mixed Use Development area. • The property is not located within an Intergovernmental Agreement Boundary. • Use by Special Review Design Standards as found in Section 23-2-240 of the Weld County Code were consulted in preparing this application. The site has been active and in operation since 1999. Adequate provision has been made to protect the health, safety and welfare of the inhabitants of the neighborhood and the County. Operation Standards as found in Section 23-2-260 of the Weld County Code were consulted in preparing this application as stated previously in application materials. Conditions of Approval and Development Standards will ensure the proposed use upholds the purpose and intent of the Weld County Code, Chapter 23 as listed in Section 23-1-40. Such Conditions of Approval and Development Standards as found in the Weld County Code, Referral Agency responses and Staff Comments shall be considered and appropriately incorporated into the final use and site design. The zoning of the site is Agricultural. The continuation of agricultural activities and support of the agri-business is consistent with the zone district and the comprehensive plan goals and policies. The bulk requirements of the Agricultural Zone District found in Section 23-3-50 shall be adhered to. 2 • • • • 4. What type of uses surround the site? Explain how the proposed use is consistent and compatible with surrounding land uses. The site is within an area that is developing in both Erie and Frederick. Surrounding land uses include residential, agricultural and mining uses. Several Special Use Permits are located in close proximity to this site. These permits allow for mining and a Landscaping business. This amendment is consistent with existing uses on the site. The uses are both consistent and compatible with the surrounding land uses based on the agricultural nature and scope of the activities on site. While this area is an urbanizing portion of the County, the continuation of Agricultural uses and associated activities is critical to preserve when a viable option. The continuation and growth of this activity not only provides for continued agricultural production but also offers numerous economic and educational benefits to the immediate area and region. 5. Describe, in detail, the following: a. How many people will use this site? A maximum of 10,000 people over a 13 hour time frame could possibly use the site. This number allows the existing activities to grow to a point that is very manageable based on the existing facilities and operation practices. The proposed limitations on the number of events per size based on participants are as follows: Up to 6 events per year with a maximum of 10,000 participants per day of the event; Up to 10 events per year with a maximum of 5000 participants per day of the event; The rest of the year up to 1200 participants per day. My time an event is over 200 participants per day, port a lets will be provided appropriately. My time an event is over 1200 participants per day, the septic tank will be pumped by a service provider as appropriate. The number of participants will vary greatly based on the activity, weather conditions and time of year. The larger numbers are mainly associated with the fall festival and some other occasional large group activities throughout the year. Such activities would include outdoor gatherings such as company picnics, weddings, reunions, large fund raiser events, etc. Larger events during spring and summer would be operated in the same manner as the current fall festival. Most of the events in spring and summer are private events with less than 200 participants per day. Indoor events are limited to fewer than 200 people based on fire code. A log of attendance for the past three years of operation for the fall harvest festival has been included in the application materials. b. How many employees are proposed to be employed at this site? 4-6 year round and more during larger events such as the harvest festival in the fall. This is a family owned and operated business. Family members associated with the operation live in the existing farm house located on the site. c. What are the hours of operation? Site is open to the public 10:00 am to 11:00 pm on large event days. During large events staff will arrive at the site at 7:00am and leave at 1:00 am. Smaller events are generally held in the 3 • • • • • evening or on weekends and many are located within the existing party barn. d. What type and how many structures will be erected (built) on this site? The site is built out and there are not any proposed structures at this time. The structures existing on site are consistent with any large farming operation. The structures are shown on the USR plat. e. What type and how many animals, if any, will be on this site? The site currently has a few species of livestock and typical farm animals. Currently there is a buffalo, 4 Scottish Highland cattle, rabbits, goats, geese, ducks, chickens, sheep, burros, and alpacas. The numbers may vary based on farming and event activities on this site. The number of animals meets the criteria of the animal units in the agricultural zone district. The site will retain the ability to have animals based on the agricultural zone district. f. What kind (type, size, weight) of vehicles will access this site and how often? Passenger vehicles and school buses will access the site during operation. Other equipment may access the site during applicable activities. An existing one -acre gravel parking lot is located in the southwestern portion of the property. This area can accommodate anticipated numbers of vehicles. In the event more space is needed, an additional 30 acres can accommodate overflow parking. The overflow parking area is well suited for traffic and has been used without problems since the use was originally permitted in 1999. As stated above, the visitors to the site on large events are throughout the operational hours and not at one time. If the weather is poor then people don't come to the site. Traffic comes from Weld County Road 3.25 to access the parking lot. There is a separate entrance and exit for the parking lot. At busy times, there are 6 employees working in the parking lot to manage traffic flow. g• Who will provide fire protection to the site? The site is within the district boundaries for Mountain View Fire Protection District. The applicants have worked very well with the Fire District in the past and will continue the positive relationship in the future. h. What is the water source on the property? Service exists from Left Hand Water District. Bottled water is sold on site. Patrons are allowed to bring non-alcoholic beverages on site. What is the sewage disposal system on the property? An existing septic system serves the site. Port -a -lets are also used for large events. The existing septic tanks will be pumped on a regular basis during large events to reduce the load on the system. The service provider will have a contract for such service and a letter of intent has been included. j. If storage or warehousing is proposed, what type of items will be stored? Sheds exists on site for maintenance and farm equipment storage. 6. Explain the proposed landscaping for the site. Existing signage is located near the parking lot. Additional landscaping is not proposed. Illumination for the parking lot is achieved by lights attached to existing poles. These lights do not spill onto adjacent properties. Additional on -site lighting is placed on the property and illuminates congregation areas. 4 • • • 7. • • Explain any proposed reclamation procedures when termination of the Use by Special Review activity occurs. Due to the nature of this agri-business related activity, reclamation is not applicable. 8. Explain how the storm water drainage will be handled on the site. Historic drainage will not be altered. There are no current plans on changing any of the existing structures or parking areas. The large events are typically over a 13 hour period so that patrons and their vehicles are spread over that time frame and not on the site at one time. The overflow parking in the field has been used in the past and compaction has not been a problem. If compaction becomes a problem over time, the field can be re -worked and reseeded as necessary. Attached is a letter dated May 14, 2008 from Mr. Donald Graffis with NRCS. The letter is a discussion ofthe existing drainage practices on site. The overflow parking field will be maintained in such a matter that potential hydrocarbons and sediment do not enter into the ditch adjacent to the property. The ditch adjacent to the property shall be visually monitored during periods of potential run-off. Mitigation concerning run-off from the overflow parking area will be addressed should the need arise. The site has been operated since 1999 without any drainage issues. Due to the large farm area and no proposed site changes, additional drainage facilities should not be necessary at this time. 9. Explain how long it will take to construct this site and when construction and landscaping is scheduled to begin. This site has been consistently operating since 1999. No new construction is proposed at this time. Numerous large caliper trees have been added to the site. 10. Explain where storage and/or stockpile of wastes will occur on this site. Waste generated on site includes snack food wrappers as well as plastic and aluminum bottles. Waste is collected in garage cans located on site and collected at least every 48 hours during large events by a contracted service provider. Please see attached info for providers for 2007. 5 • • • • • �fit Wi�Pc. COLORADO MEMORANDUM TO: Case File, pre -application DATE: January 31, 2008 FROM: Kim Ogle, Planning Manager SUBJECT: Pre -Application Meeting prior to submitting an amendment to a USR for a Guest Farm Attendees: Jim and Brenda Anderson —Applicant Mike and Rachel Smith — Applicant Don Carroll — Public Works Lauren Light — Environmental Health Todd Hodges — Consultant Tom Honn — Planning, part-time Kim Ogle -- Planning On Thursday January 31, 2008 an informal discussion took place at the Greeley Administratve Offices Conference Room regarding the proposed amendment to the existing USR-1232 (The legal description is Lot A, Recorded Exemption RE -281; and part E2NW4; part NE4; part N2SE4 Section 32, Township 2 North, Range 68 West of the 6th P.M. Situs Address: 6728 County Road 3.25, Erie, CO 80516. The property is located East of and adjacent to Weld County Road 3'h , west of and adjacent to Weld County Road 5 and 1/4 mile north of State Highway 52 Acreage for this facility is 243 acres more or less. Background Information: The Anderson family operates a guest farm operation for agri-entertainment and agricultural production. The farming operation has been in the family for 50 years. This facility has been in operation since 1999. The existing permit affords a Fall Festival in autumn that operates approximately 40 days each year. Current visitor counts number on average 54,000 persons [based on tickets sold] per season. The facility is restricted in numbers to 200 persons whereby port -a -lets are required and up to 499 persons before a Special Assemblage Permit is required. In the years of operation there have been no complaints filed with the Board of County Commissioners or the Andersons when events have occurred. The Anderson Family has been diligent in their hands on operations approach and oversight of activities. The shop/party barn structure is able to accommodate 197 persons with an adequate hydraulic load for up to 200 persons. There is a commercial kitchen within this structure with aColorado Retail Food Establishment permit in good standing with the State of Colorado. Access will be from County Road 3.25 a local road maintained by County. Public Works indicated that the existing points of ingress and egress would be retained. Public Works reserves the right to require a traffic study, which will be required per consultation with D. Dunker, Senior Engineer. Stormwater should be addressed with a Preliminary Drainage Report. This document is required given the proposed increase in vehicles on site and the acreage of compacted soils. • • • Water is provided by Left Hand Water District, and an ISDS system handles the effluent flows from the residence and party barn. All current operations will remain as permitted. The Anderson/ Smith party seek increase their on -site permitted numbers to 10,000 persons for their current facility, numbers greater than this upstand limit would proceed through the Assemblage Permit process. It was indicated that large corporate groups, vedding and reception, birthday, office/ family/ school reunions, office/ family/ school picnics, music festivals and office/ family/ school holiday parties have been turned down in the past due to the limit imposed under the existing permit. County will require a traffic circulation plan and parking configuration to be submitted with the amendment to the USR application County provided Procedural Guide application, aerial photograph to Hodges. Staff will require 4 sets of the complete application less tit Certificate of Conveyances and Mineral Notice for review for completeness prior to accepting the remaining packets, the additional documents exempted here and a check for the application. Staff suggested that a letter from the town be requested and inctrded in the application materials from the Town of Frederick. Ogle to provide referral list of agencies to be contacted for this proposal and submit with meeting Notes. End memorandum. • • March 24, 2008 • DEPARTMENT OF PLANNING SERVICES Greeley Planning Office 918 Tenth Street Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us E-MAIL: kogle@co.weld.co.us PHONE (970) 353-6100, EXT. 3549 FAX (970) 304-6498 Todd Hodges Todd Hodges Design 1269 North Cleveland Avenue Loveland, CO 80537 Subject: Pre -Submittal Amended USR 1232 Review for Anderson Farms Dear Todd: The Departments of Public Health and Environment, Public Works and Planning are in receipt of the pre -application sketch plan application packets dated March 12, 2008. Departmental staff has completed their review and offer the following comments: Environmental Health 1]. Clarification is sought in the number of days anticipated for 10,000 people being on premises. Is this number for every day during the summer? The Environmental Health Department requests more precise information regarding the numbers of anticipated days and people. Public Works 1]. Concerns from this referral agency have been outlined in a Memorandum to Planning Services dated March 17, 2008 and have been included in this letter. Of note, this memorandum was forwarded to the applicant's consultant via facsimile and USMail on same date. Planning 1]. Continue to work on attaining agreements from Oil and Gas Lease holders and the adjacent irrigation ditch. Staff will require at a minimum a Memorandum of Understanding from each of these entities prior to scheduling the Planning Commission hearing. • 2]. Please provide physical evidence of contact and discussion with the town of Frederick. This document is requested to be included the application materials. • • • • • Staff will accept the Amended Site Specific Development Plan and Special Use Permit for the Anderson Farms, AmUSR-1232, Amazing Farm Events dba Anderson Farms when the above referenced concerns are answered or otherwise addressed. Please note, staff comments made during the pre -application phase of the application procedure may not be all inclusive, as other concerns or issues may arise during the remaining application process. Please contact this office should you have additional questions or concerns. Thank you. Sincerely, Kim Ogle Planning Manager ec: L. Light, Environmental Health D. Dunker, Public Works File: Pre -Application Anderson Farms 2008 • • • • • Response to Pre -Submittal Staff Review For Anderson Farms AmUSR-1232 Environmental Health: 1. The amended USR-1232 questionnaire has been changed to include limitations of the size and number of events. It was not the applicant's intent to allow for 10,000 participants every operating day. As requested, more detailed information concerning the proposed size and number of events is as follows: Up to 6 events a year with a maximum of 10,000 participants per day; Up to 10 events a year with a maximum of 5000 participants per day; The rest of the year up to 1200 participants per day. Most events are less than 200 participants per day. The applicant proposes that any time an event is over 200 participants, port a lets will be provided appropriately. The applicant is proposing that any time an event has over 1200 participants per day the septic tanks will be pumped by a service provider. Public Works: 1. The applicant's representative has been in contact with Don Dunker, Senior Engineer of the Weld County Public Works Department concerning the information requested. A drainage discussion, traffic information and delineation of the overflow parking area have been included with the AmUSR-1232 application submittal. Planning: 1. There are no impacts, based on this amendment, to the ditch located on the eastern property boundary. A letter from NCRS addresses the existing farming practices. A graphic of the drill sites have been included within the AmUSR-1232 application submittal so show that this proposal doesn't impact existing and/or future oil/gas operations. 2. Evidence of correspondence with Jennifer Simmons with the Town of Frederick has been included within the AmUSR-1232 application submittal. • • Page 1 of 1 • • Todd Hodges Todd Hodges Design, LLC From: "Jennifer Simmons" <JSimmons@frederickco.gov> To: <toddhodges@gwest.net> Cc: "Todd Tucker" <TTucker@frederickco.gov> Sent: Saturday, March 29, 2008 9:12 AM Subject: Re: Hi Todd, We did indeed have the conversation you mentioned. I'm copying Todd Tucker on this message so that he can check our referral files. We do support Jim's continued use of his farm. I'll be out of Town this week but Todd should be able to help you out. Nice to hear from you. Jenn Original Message From: Todd Hodges <toddhodges@gwest.net> To: Jennifer Simmons Cc: JAnde8628@aol.com <JAnde8628@aol.com> Sent: Fri Mar 28 11:30:31 2008 Subject: Jennifer: Hope all is well with you. I have a request. We submitted a pre -application for the amended USR for the Anderson Farms site and Kim Ogle in his written response would like to have written evidence that we have contacted you concerning the project. You and I spoke by phone on February 8, 2008 concerning the Anderson project and you indicated that you did not have any concerns with the project and that it was going thru the County process. You also indicated that you would respond to a referral from the County instead of writing a letter prior to our submittal. Can you please respond to this email and confirm our conversation on February 8th so that I may submit this correspondence as evidence per Kim Ogle's request? If you have any questions and/or would like to discuss this request, I may be reached at the number below. Have a great weekend! Todd A. Hodges, ASLA, Principal Todd Hodges Design, LLC 970-613-8556 fax 970-613-8775 3/31/2008 • • • 3/4 z a z O • - 0 wwa CP-0 Tho N U cn F LA- W ain `v 3 w O CO z I_ Z w vD U • o a 0.a w= w it Z z 0 N D D oa_o 01 U LEJ co rr 00 N O J S 41— — — Ar foot. 1 4 — — on S a 9 c `it g 3 :i C 0• ? F T E p[[ 113 T i e i aa� `m c� �Nr�h� L4F c rpg a ' pSaDqkf 73S(x?o� lip gr�6[3. L,bi�duL iai r rynVI,OnOPO- hll*dlOrOi•h IVM1M1 0 • _ tool n l O4� Zy'i tO; o n Int titic I o - v }I1 D A p ,c it. ?t. P 0 L° 5 s. _J gg k 'g og 0? 'grog a '6s I Wgs' ?it g- 1W fl a. ,F ta_otg Y . O 4 tl- -At I;Q:f :Ilt ISM t. 2j u _ Ili / 1 Is1 z3 zit we is (r C2 D if! 9 111 tri °g Z f;4 < iz sY �� g w i= G• 111 a S United States Department of Agriculture • o • • NRC SNatural Resources Conservation Service Phone (303) 776-4034 ext. 3 http://www.co.nres.usda.gov Department of Planning Services 918 Tenth Street Greeley, Colorado 80631 Attn: Mr. Ogle RE: Am USR 1232 for Anderson Farms Donald Graffiis 9595 Nelson Road Box D Longmont, CO 80501-6359 Donald.graffis@co.usda.gov Fax (303) 684-9893 May 14, 2008 To Weld County Planning Services I am the soil conservationist for the Natural Resources Conservation Service working with James Anderson on his farm located in Section 21 of 2N- 68W. In working with Mr. Anderson I have reviewed the field south of his main parking lot. The field is presently in established alfalfa with an interseeding of grass. The soils are a sandy loam with low runoff potential and a high intake rate. The slope is less than 1% on the proposed parking area. Once the water does leave the field it travels north along county road 3.5. The slew is full of cattails and other aquatic vegetation. The distance from the field to Boulder Creek is over 1 mile and a flat grade. Mr. Anderson does practice nutrient management applying only the amount of fertilizer called for by a soil test. Along the slew in other parts of the farm there have been several grass filter strips installed to clean the water prior to entering the slew. Mr. Anderson has also installed several pipe systems to better manage his irrigation water on most fields and limiting the amount of water that leaves this farm as tail water. Mr. Anderson is practicing sound conservation throughout his farm and in the past has been recognized for those conservation efforts. Sincerely Donald Graffis Soil Conservationist Longmont Field Office Natural Resources Conservation Service The Natural Resources Conservation Service works hand -in -hand with USDA NRCS IS AN EQUAL OPPORTUNITY the American people to conserve natural resources on private lands. PROVIDER AND EMPLOYEER LUUti-U4-UL f5:Ub ylUaIJO/!J • • • • • Daily Count of Fall Tickets Sold at Anderson Farms for 2005-2007 Number of People Date 2005 2006 2007 22 -Sep x x 311 23 -Sep 36 80 242 24 -Sep 334 395 closed 25 -Sep 291 66 closed 26 -Sep 36 119 71 27 -Sep 177 29 166 28 -Sep 39 228 335 29 -Sep 305 413 1,359 30 -Sep 219 1,182 686 1 -Oct 1,330 1,233 230 2 -Oct 704 85 99 3 -Oct 96 252 74 4 -Oct 143 243 328 5 -Oct 76 137 1,382 6 -Oct 525 932 3,079 7 -Oct 1,559 3,317 1,354 8 -Oct 4,168 1,994 441 9 -Oct 439 closed 481 10 -Oct closed closed 327 11 -Oct closed closed 861 12 -Oct 1,579 810 3,412 13 -Oct 856 2,726 3,807 14 -Oct 2,706 5,404 closed 15 -Oct 6,377 4,227 458 16 -Oct 4,228 1,074 1,046 17 -Oct 1,087 1,176 1,470 18 -Oct 1,081 184 1,510 19 -Oct 397 1,152 3,444 20 -Oct 1,569 2,691 7,677 21 -Oct 2,348 2,153 closed 22 -Oct 6,093 3,696 648 23 -Oct 3,275 1,383 1,841 24 -Oct 1,021 1,157 828 25 -Oct 194 1,353 2,038 26 -Oct 848 closed 2,944 27 -Oct 1,848 1,840 3,410 28 -Oct 3,189 4,019 4,353 29 -Oct 2,679 2,968 760 30 -Oct 1,467 1,370 1,612 31 -Oct 1,063 354 547 Total 54,382 50,442 53,631 2005 2006 2007 # TC Tickets 11,595 11,583 11,953 # FT Tickets 11,112 10,820 12,497 # days closed 2 4 5 # days open 37 35 35 Highlighted = Weekends Jul. 28. 2008 2:08PM Gilt, Grant, Goiran • No. 0496 P. 1/21 • • • GRANT, GRANT & GOIRAN LLP ATTORNEYS AT LAW 436 Coffman Street, Suite 200 Post Office Box 908 Longmont, Colorado 80502-0908 phone: (303) 776-3100 fax (303) 774-2349 e•mmZ law@glaw.com web: www.gglaw.com FAX TRANSMISSION To: Todd Hodoes Frwn Alex Goiran Subject Anderson South Farm LLC Documents Fax It: (561) 8288059 Pages: 21, including this cover sheet Date: July 28, 2008 MESSAGE Todd: The following are the Operating Agreement (see Section 5) for Anderson South Farm LLC and the recorded Statement of Authority granting James E. Anderson right to sign on behalf of the LLC. Let me know if you need any other information or have questions. Vicki Jul. 2 s 1111111 kliii IIli 1 III 11111 • Na. 0496 P. 2/21 COUNTY OF BOULDER 3521808 12/05/2007 03:53P Weld County, CO 1 of 1 R 6.00 D 0.00 Steve Moreno Clerk & Recorder WHEN RECORDED, RETURN TO: SOS GRANT, GRANT & GOIRAN LLP 436 COFFMAN STREET, SUITE 200 POST OFFICE BOX 908 LONGMONT, COLORADO 80502-0908 AT1N: DLL STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172, the undersigned hereby executes this Statement of Authority on behalf of Anderson South Farm LLC a Colorado limited liability company, an entity other than an individual, capable of holding title to real property (the `Entity"), and states as follows: The name of the Entity is: Anderson South Farm LLC The Entity is a: a Colorado limited liability company 3528 Weld County Road 28 The mailing address of the Entity is: Longmont, Colorado 80504 The name or position of the persons authorized to execute instruments conveying, encumbering, or otherwise affecting real property on behalf of the Entity is: Mr. James E. Anderson The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows: NONE Other matters concerning the manner in which the Entity deals with any interest in real property are: N/A Executed this .3 day of 1\ re_ 2007. Anderson South Farm LLC, a Colorado limited liability company E. Anderson, Manager ) ss. The foregoing instrument was acknowledged before me this 3Jday of 11,LF nt.tY` , 2007, by James E. Anderson, as Manager of Anderson South Farm LLC a Colorado limited liability company. My commission my an expires: �l. -01 \, J� Witness my hand and official seal. 14-24C14.0-__ Notary PASlic 209 S`-'1 C.at> A-1T)PP —SP Jul. 28. 2008 2:08PM Gilt, Grant, GH ran • No. 0496 P. 3/21 ANDERSON SOUTH FARM LLC OPERATING AGREEIVIILNT This Operating Agreement (this "Agreement"} is entered into as of April 5, 2007 by and among the Members. Explanatory Statement The parties have agreed to organize aid operate a limited liability company in accordance with the terms of and subject to the conditions set forth in, this Agreement NOW, THEREFORE, for good and valuable consideration, the parties, intending legally to be bound, agee as follows: Section I Defined Terms 1. The capitalized terms set forth on Addendum I shall have the meanings so specified in Addendum L Other terms are defined in the text of this Agreement; and, throughout this Agreement those terms shall have the meanings respectively ascribed to them. Section It Formation and Name; Office; Purpose; Term 2.1. Organization. The parties hereby organize a limited liability company pursuant to the Act and the provisions of this Agreement and, for that purpose, have caused Articles of Organization to be prepared, executed and filed for record with the CSOS on April 5, 2007. 22. Name of the Company. The name of the Company shall be "ANDERSON SOUTH FARM LLC." The Company may do business under that name and under any other name or names upon which the General Manager selects. lithe Company does business under a name other than that set forth in its Articles of Organization, then the Company shall file a trade name certificate as required by law. 2.3. Purpose. The Company is organized to engage in any lawful activity as directed by the Members and to do any and all things necessary, convenient, or incidental to that purpose. 2.4. Term. The term of the Company began upon the execution of the Articles of Organization and shall continue in existence until terminated pursuant to Section VII of this Agreement 2.5. Principal Office. The principal office of the Company shall be located at 3528 County Line Road 28, Longmont, CO 80504 or at any other place upon which the General Manager selects. 2.6. Resident Agent. The name and address of the Company's resident agent in the State of Jul. 28. 2008 2:09PM •t, Grant, Go ran • No. 049E P. 4/21 Colorado shall be: James E. Anderson, 3528 County Line Road 28, Longmont, CO 80504 2.7. Members. The name, present mailing address, taxpayer identification number and Percentage of each Member are set forth on Exhibit A. 3. Members; Capital; Capital Accounts 3.1. Initial Capital Contributions. Upon the execution of this Agreement, the Members shall contribute to the Company cash in the amounts respectively set forth on Exhibit A. 3 3. Additional Capital Contributions. 3.2.1. If the General Manager at any time or from time to time determines that the Company requires additional Capital Contributions, then the General Manager shall give notice to each Interest Holder of (i) the total amount of additional Capital Contributions required, (ii) the reason the additional Capital Contribution is required, (iii) each Interest Holder's proportionate share of the total additional Capital Contribution (determined in accordance with this Section), and (iv) the date each Interest Holder's additional Capital Contribution is due and payable, which date shall be thirty (30) days after the notice has been given. The total additional Capital Contribution which the General Manager may require the Interest Holders to contribute during the term of this Agreement shall not exceed $1,000.00 in the aggregate. An Interest Holder's proportionate share of the total additional Capital Contribution shall be equal to the product obtained by multiplying the Interest Holder's Percentage and the total additional Capital Contribution required. An Interest Holder's proportionate share shall be payable in cash or by certified check. 3.22. Except as provided in Section 32.1, no Interest Holder shall be required to contribute any additional capital to the Company, and no Member shall have any personal liability for any obligations of the Company. 323. If an Interest Holder fails to pay when due all or any portion of any Capital Contribution, the General Manager shall request the nondefaulting Interest Holders to pay the unpaid amount of the defaulting Interest Holder's Capital Contribution (the "Unpaid Contribution"). To the extent the Unpaid Contribution is contributed by any other Interest Holder, the defaulting Interest Holder's Percentage shall be reduced and the Percentage of each Interest Holder who makes up the Unpaid Contribution shall be increased, so that each Interest Holder's Percentage is equal to a fraction, the numerator of which is that Interest Holder's total Capital Contribution and the denominator of which is the total Capital Contributions of all Interest Holders. The General Manager shall amend Exhibit A accordingly. This remedy is in addition to any other remedies allowed by law or by this Agreement. 33. No Interest on Capital Contributions. Interest Holders shall not be paid interest on their Capital Contributions. 3.4. Return of Capital Contributions. Except as otherwise provided in this Agreement, no Interest Holder shall have the right to receive the return of any Capital Contribution. GRANWE'SW he Doane .Malary Masa w. Vwer I.13347 Jul. 28. 2008 2:09PM Gilt, Grant, Goiran • No. 0496 P. 5/21 3.5. Form of Return of Capital. If an Interest Holder is entitled to receive a return of a Capital Contribution, the Interest Holder shall not have the right to receive anything other than cash in return of the Interest Holder's Capital Contribution. 3.6. Capital Accounts. A separate Capital Account shall be maintained for each Interest Holder. 3.7. Loans. Any Member may, at any time, make or cause a loan to be made to the Company in any amount and on those terms upon which the Company and the Member agree. 4. Profit, Loss, and Distributions 4.1. Distributions of Cash Flow. Subject to the General Manager's determination that there is available Cash Flow in any given year, Cash Flow for each taxable year of the Company shall be distributed to the Interest Holders in proportion to their Percentages no later than seventy-five (75) days after the end of the taxable year. 4.2. Allocation of Profit or Loss. Profit or Loss shall be allocated to the Interest Holders in proportion to their Perreornes. 43. Liquidation and Dissolution. If the Company is liquidated, the assets of the Company shall be distributed to the Interest Holders in accordance with the balances in their respective Capital Accounts, after taking into account the allocations of Profit or Loss pursuant to Section 4.2, if any, and distributions, if any, of cash or property, pursuant to Section 4.1. 4.4. General. 4.4.1. Except as otherwise provided in this Agreement, the timing and amount of all distributions shall he determined by the General Manager. 4.42. If any assets of the Company are distributed in kind to the Interest Holders, those assets shall be valued on the basis of their fair market value, and any Interest Holder entitled to any interest in those assets shail receive that interest as a tenant -in -common with all other Interest Holders so entitled Unless the Members otherwise agree, the fair market value of the assets shall be determined by an independent appraiser who shall be selected by the Members. The Profit or Loss for each unsold asset shall be determined as if the asset had been sold at its fair market value, and the Profit or Loss shall be allocated as provided in Sanion 42 and shall be properly credited or charged to the Capital Accounts of the Interest Holders prior to the distribution of the assets in liquidation pursuant to Section 4.3. 4.4.3. All Profit and Loss shall be allocated, and all distributions shall be made, to the Persons shown on the records of the Company to have been Interest Holders as of the last day of the taxable year for which the allocation or distribution is to be made. Notwithstanding the foregoing, unless the Company's taxable year is separated into segments, if there is a Transfer or an Involuntary Withdrawal during the taxable year, the Profit or Loss shall be allocated between the original Interest Holder and the successor on the basis of the number of days each was an Interest CNinsgen5Ywmrmaw -MwwMagNla.n Right 3 Jul. 28. 2008 2:09PM Get, Grant, Go ran No. 0496 P. 6/21 Holder during the taxable year; provided, however, the Company's taxable year shall be segregated into two or more segments in order to account for Profit Loss, or proceeds attributable to any extraordinary nonrecurring items of the Company. 4.4.4. The General Manager is hereby authorized, upon the advice of the Company's tax counsel, to amend this Article IV to comply with the Code and the Regulations promulgated under Code Section 704(b); provided, however, that no amendment shall materially affect distributions to an Interest Holder without the Interest Holder's prior written consent 5. Management: Rights, Powers, and Duties 5.1. Management. 5.1.1. General Manager. The Company shall be managed by a General Manager, who may, but need not, be a Member. lames E. Anderson is hereby designated to serve as the initial General Manager. The General Manager is sometimes referred to herein as the Manager. • 5.1.2. General Powers. The General Manager shall have full, exclusive, and complete discretion, power, and authority, subject in all cases to the other provisions of this Agreement and the requirements of applicable law, to manage, control, administer, and operate the business and affairs of the Company for the purposes herein stated, and to make all decisions affecting such business and affairs, including, without limitation, for Company purposes, the power to: • 5.1.2.1. acquire by purchase, lease, or otherwise, any real or personal property, tangible or intangible; 5.12.2. construct, operate, maintain, finance, and improve, and to own, sell, convey, assign, mortgage, or lease any real estate and any personal property; 5.12.3. sell, dispose, trade, or exchange Company assets in the ordinary course of the Company's business; 5.1 2.4. enter into agreements and contracts and to give receipts, releases and discharges; 5.1.2.5. purchase liability and other insurance to protect the Company's properties and business; 5.12.6. borrow money for and on behalf of the Company, and, in connection therewith, execute and deliver instruments authorizing the confession of judgment against the Company; 5.12.7. execute or modify leases with respect to any part or all of the assets of the Company; anw 'nsrwewm n®•an.>,mphMINAsnmream. 4 Jul. 28, 2008 2:10PM Gilt, Grant, Goiran • o.0496 P. 7/21 5.1.2.8. prepay, in whole or in part, refinance, amend, modify, or extend any mortgages or deeds of trust which may affect any asset of the Company and in connection therewith to execute for and on behalf of the Company any extensions, renewals or modifications of such mortgages or deeds of trust 5.1.2.9. execute any and all other instruments and documents which may be necessary or in the opinion of the General Manager desirable to carry out the intent and purpose of this Agreement, including but not limited to, documents whose operation and effect extend beyond the term of the Company; 5.12.10. make any and all expenditures which the General Manager, in its sole discretion, deems necessary or appropriate in connection with the management of the affairs of the Company and the carrying out of its obligations and responsibilities under this Agreement, including, without limitation, all legal, accounting and other related expenses incurred in connection with the organization, financing and operation of the Company; 5.1.2.11. enter into any kind of activity necessary to, in connection with, or incidental to, the accomplishment of the purposes of the Company; and 5.12.12. invest and reinvest Company reserves in short-term instruments or money market funds. 5.13. 'Extraordinary Transactions. Notwithstanding anything to the contrary in this Agreement, the General Manager shall not undertake any of the following without the approval of the Members: occasion. 5.1.3.1. any Capital Transaction; 5.1.32. the Company's lending more than $1,000 of its money on any one 5.133. the admission of additional Members to the Company 5.1.3.4. the Company's enema, ng in business in any jurisdiction which does not provide for the registration of limited liability companies; and 5.1.3.5. the Company's electing to exercise any Purchase Option pursuant to Section 6.4. 5.1.4. Limitation on Authority ofMembers. 5.I.4.1. No Member is an agent of the Company solely by virtue of being a Member, and no Member has authority to act for the Company solely by virtue of being a Member. 5.1.42. Any Member who takes any action or binds the Company in violation of this Section 5.1 shall be solely responsible for any loss and expense incurred by the RltWaninir Yo'AA• une' Wags s.,. WI I= 5 1.112001 Jul. 28. 2008 2:10PM •t, Grant, Golran • No. 0496 P. 8/21 Company as a result of the unauthorized action and shall indemnify and hold the Company harmless with respect to the loss or expense. 5.2. Meetings of and Voting by Members. 5.2.1. A meeting of the Members may be called at any time by the General Manager or by those Members holding at least ten percent (10%) of the Percentages then held by Members. Meetings of Members shall be held at the Company's principal place of business or at any other place designated by the Persons calling the meeting. Not less than ten (10) nor more than fifty (50) days before each meeting, the Persons calling the meeting shall give written notice of the meeting to each Member entitled to vote at the meeting. The notice shall state the time, place, and purpose of the meeting. Notwithstanding the foregoing provisions, each Member who is entitled to notice waives notice if before or after the meeting the Member signs a waiver of the notice which is filed with the records of Members' meetings, or is present at the meeting in person or by proxy and fails to object to the lack of notice. Unless this Agreement provides otherwise, at a meeting of Members, the presence in person or by proxy of Members holding more than fifty percent (50%) of the Percentages then held by Members constitutes a quorum. A Member may vote either in person or by written proxy signed by the Member or by the Member's duly authorized attorney -in -fact 52.2. Except as otherwise provided in this Agreement, the affirmative vote of Members holding more than fifty percent (50%) of the Percentages then held by Members shall be required to approve any matter coming before the Members. 52.3. An annual meeting shall be held each year at such time and place as the General Manager shall fix. Notice shall be given to the Members in accordance with Section 5.2.1. 53. Personal Services 53.1. No Member shall be required to perform services for the Company solely by virtue of being a Member. Unless approved by the General Manager, no Member shall perform services for the Company or be entitled to compensation for services performed for the Company. 5.3.2. The General Manager shall be entitled to compensation for services performed for the Company. Upon substantiation of the amount and purpose thereof, the General Manager shall be entitled to reimbursement for expenses reasonably incurred in connection with the activities of the Company. 5.4. Duties of Parties. 5.4.1. (1) A General Manager elected pursuant to this Operating Agreement shall perform his or her duties as a manager in good faith, in a mamrer he or she reasonably believes to be in the best interests of the limited liability company, and with such care as an ordinarily prudent person in a like position would use under similar circumstances. A Person who so performs his duties shall not have any liability by reason of being or having been a General Manager of the Company. GOAMeNAmmapiamsaA4Www1WmOdbemNmala 6 .» Jul. 28. 2008 2:10PM (et, Grant, Goiran • No. 0496 P. 9/21 •�.. • (2) In performing his duties, a General Manager shall be entitled to rely on information, opinions, reports, or statements of the following persons or groups unless he bas knowledge concerning the matter in question that would cause such reliance to be unwarranted: (a) One or more employees or other agents of the Company whom the manager reasonably believes to be reliable and competent in the matters presented; (b) Any attorney, public accountant, or other person as to matters which the General Manager reasonably believes to be within such person's professional or expert competence; or (c) A committee upon which he does not serve, duly designated in accordance with a provision of the Articles of this Organisation or this Agreement, as to matters within its designated authority, which committee the General Manager reasonably believes to merit confidence. Section 7-108-501 of the Colorado Business CotFol. a -on Act (entitled "conflicting interest transaction") shall apply to contracts or other transactions between the Company and any of its General Managers or committee members and any other entity in which any of its General Managers or committee members is a director or has a material financial interest; provided that references therein to the "corporation" shall be deemed to be to the Company, references to a "director" shall be deemed to be to the General Manager, references to "shareholders" shall be deemed to be to "Members," and references to the "board of directors" shall be to the "Management Committee," if one is appointed. 5.5. Liability and Indemnification 5.5.1. The General Manager shall not be liable, responsible, or accountable, in damages or otherwise, to any Member or to the Company for any act performed by the General Manager within the scope of the authority conferred on the General Manager by this Agreement, except for actions or omissions constituting fraud, gross negligence, or an intentional breach of this Agreement or applicable law. 5.5?. The Company shall indemnify the General Manager for any act performed by the General Manager within the scope of the authority confened on the General Manager by this Agreement, except for actions or omissions constituting fraud, gross negligence, or an intentional breach of this Agreement or applicable law. The Company shall promptly notify the Members whenever the General Manager has been so indemnified by the Company. 5.6. Power ofAllorney. 5.6.1. Grant of Power. Each Member constitutes and appoint the General Manager as the Member's true and lawful attorney -in -fact (Attomey-in Facl"), and in the Member's name, place and stead, to make, execute, sign, acknowledge, and file: 5.6.1,1. one or more articles of otganiration; GMWcQl7Jamtm&MEM-Monet Pa.scsd Wr Payee 7 Jul. 28. 2008 2:11PM Gilt, Grant, Goiran 411 No. 0496 P. 10/21 5.6.12. all documents (including amendments to articles of organization) which the Attorney -in -Fact deems appropriate to reflect any amendment, change, or modification of this Agreement 5.6.13. any and all other certificates or other instruments required to be filed by the Company under the laws of the State of Colorado or of any other state or jurisdiction, including, without limitation, any certificate or other instruments necessary in order for the Company to continue to qualify as a limited liability company under the laws of the State of Colorado; 5.6.1.4. one or more fictitious or trade name certificates; and 5.6.15. all documents which may be required to dissolve and terminate the Company and to cancel its articles of organization. 5.6.2. Irrevocability. The foregoing power of attorney is irrevocable and is coupled with an interest, and, to the extent permitted by applicable law, shall survive the death or disability of a Member. It also shall survive the Transfer of an Interest, except that if the transferee is approved for admission as a Member, this power of attuiuey shall survive the delivery of the assignment for the sole purpose of enabling the Attorney -in -Fact to execute, acimowledge and file any documents needed to effectuate the substitution. Each Member shall be bound by any representations made by the Attorney -in -Fact acting in good faith pursuant to this power of attorney, and each Member hereby waives any and all defenses which may be available to contest, negate or disaffirm the action of the Attorney -in -Fact taken in good faith under this power of attoney. 6. Transfer of Interests and Withdrawals of Members 6.1. Transfers. No Member may Transfer all, or any portion of or any interest or rights in, the Membership Rights owned by the Member, and no Interest Holder may Transfer all, or any portion of, or any interest or rights in, any Membership Interest. Each Member hereby acknowledges the reasonableness of this prohibition in view of the purposes of the Company and the relationship of the Members. The Transfer of any Membership Rights or Membership Interests in violation of the prohibition contained in this Section 6.1 shall be deemed invalid, null and void, and of no force or effect My Person to whom Membership Rights are attempted to be transferred in violation of this Section 6.1 shall not be entitled to vote on matters coming before the Members, participate in the management of the Company, act as an agent of the Company, receive distributions from the Company, or have any other rights in or with respect to Membership Rights. fi ? Resignation. No Member shall have the right or power to Resign from the Company. 63. Optional Buy-out in Event of Involuntary Withdrawal. 6.3.1. If the Members elect to continue the Company after an Involuntary Withdrawal, the withdrawn Member shall be deemed to offer for sale (the "Withdrawal Offer") to RMW1WflomnimCdDA.,m>jp'* i51em pmt 8 Jul. 28. 2008 2:11PM Gilt, Grant, Goiran • No.0496 P. 11/21 • the Company all of the Membership lights owned of record and beneficially by the withdrawn Member (the "Withdrawal Interest"). 6.32. The Withdrawal Offer shall be and remain irrevocable for a period (the "Withdrawal Offer Period") ending at 11:59 P.M., local time at the Company's principal office on the sixtieth (60th) day following the date the Members elect to continue the Company. At any time during the Withdrawal Offer Period, the Company may accept the Withdrawal Offer by notifying the withdrawn Member (the "Withdrawal Notice") of its acceptance. The withdrawn Member shall not be deemed a Member or Manager for the purpose of the vote on whether the Company shall accept the Withdrawal Offer. 6.3.3. If the Company accepts the Withdrawal Offer, the Withdrawal Notice shall fix a closing date (the "Withdrawal Closing Date") for the purchase which shall be not earlier than ten (I0) nor later than sixty (60) days after the expiration of the Withdrawal Period. 6.3.4. If the Company accepts the Withdrawal Offer, the Company shall purchase the Withdrawal Interest for a price equal to the amount the withdrawn Member would receive if the Company were liquidated and an amount equal to the Appraised Value were available for distribution to the Members pursuant to Section 4.4 (the "Withdrawal Purchase Price"). 6.3.5. If the Company fails to accept the Withdrawal Offer, then the withdrawn Member or the withdrawn Member's successor, as the case may be, upon the expiration of the Withdrawal Offer Period, thereafter shall be treated as the unadmitted assignee of a Member 6.4. Appraised Value. 6.4.1. The term "Appraised Value" means the appraised value of the equity of the Company's assets as hereinafter provided. Within fifteen (15) days after demand by either one to the other, the Company and the withdrawn Member shall each appoint an appraiser to determine the value of the equity of the Company's assets. If the two appraisers agree upon the equity value of the Company's assets, they shall jointly render a single written report stating that value. If the two appraisers cannot agree upon the equity value of Company's assets, they shall each render a sep- arate written report and shall appoint a third appraiser, who shall appraise the Company's Assets and determine the value of the equity therein, and shall render a written report of his opinion thereon. Each party shall pay the fees and other costs of the appraiser appointed by that party, and the fees and other costs of the third appraiser shall be shared equally by both parties. 6.42. The equity value contained in the aforesaid joint written report or written report of the third appraiser, as the case may be, shall be the Appraised Value; provided, however, that if the value of the equity contained in the appraisal report of the third appraiser is more than the higher of the first two appraisals, the higher of the first two appraisals shall govern; and provided, further, that if the value of the equity contained in the appraisal report of the third appraiser is less than the lower of the first two appraisals, the lower of the first two appraisals shall govern. 03AWMIWISAFensthoOsEdth Mart Aces eon him) doc 9 Jul. 28. 2008 2:12PM lit, Grant, Goiran • No. 0496 P. 12/21 7. Dissolution, Liquidation, and Termination of the Company 7.1. Events of Dissolution. The Company shall be dissolved upon the happening of any of the following events: 7.1.1. when the period fixed for its duration in Section 2.4 has expired; 7.12. upon the unanimous written agreement of the Members; or 7.I.3. upon the death, retirement, resignation, expulsion, bankruptcy, dissolution or Involuntary Withdrawal of a Member or the occurrence of any other event which terminates the continued membership of a Member in the Company, unless the General Manager and a majority of the remaining Members (in number and voting interest), within ninety (90) days after the event or occurrence, elect to continue the business of the Company. 7.2. Liquidating Trustee. If the Company is dissolved, the General Manager shall act as liquidating trustee. The General Manager shall liquidate and reduce to cash the assets of the Company as promptly as is consistent with obtaining a fair value therefor and, unless otherwise required by law, shall apply and distribute the proceeds of liquidation, as well as any other Company assets, rust, to the payment of creditors of the Company, including Interest Holders who are creditors, in satisfaction of the liabilities of the Company; then to Interest Holders in satisfaction of any distributions of Cash Flow or Capital Proceeds; and then to the Interest Holders in accordance with Section 4.4. 7.3. Filing of Statement of Intent to Dissolve and Articles of Dissolution. If the Company is dissolved pursuant to Section 7.1, the General Manager shall promptly file a Statement of Intent to Dissolve with the CSOS. After the affairs of the Company are wound up pursuant to Section 72, the General Manager shall promptly execute and file Articles of Dissolution with the CSOS. If there is no General Manager, then the Articles of Cancellation shall be filed by the remaining Members; if there are no remaining Members, the Articles shall be filed by the last Person to be a Member; if there is neither a General Manager, remaining Members, or a Person who last was a Member, the Articles shall be filed by the legal or personal representatives of the Person who last was a Member. 8. Books, Records, Accounting, and Tax Elections 8.1. Bank Accounts. All funds of the Company shall be deposited in a bank account or accounts opened in the Company's name. The General Manager shall determine the institution or institutions at which the accounts will be opened and maintained, the types of accounts, and the Persons who will have authority with respect to the accounts and the funds therein. 8.2. Books and Records. The General Manager shall keep or cause to be kept complete and accurate books and records o£ the Company and supporting documentation of transactions with respect to the conduct of the Company's business. The books and records shall be (1) maintained in accordance with the requirements of Section 7-80411 of the Act; (2) maintained in accordance with sound accotmting practices; and (3) shall be available at the Company's principal office for WWW0WfigmdmEleWM4tionammuc00.limidm 10 Jul. 28. 2008 2:12PM lit, Grant, Golran • No, 0496 P. 13/21 • inspection and copying at the reasonable request, and at the expense, of any Member during ordinary business hours. 8.3. Annual Accounting Period. The annual accounting period of the Company shall be its taxable year. The Company's taxable year chat! be selected by the General Manager, subject to the requirements and limitations of the Code. 8.4. Reports. Within seventy-five (75) days after the end of each taxable year of the Company, the General Manager shall cause to be sent to each Person who was a Member at any time during the taxable year then ended a complete accounting of the affairs of the Company for the taxable year then ended. In addition, within seventy-five (75) days after the end of each taxable year of the Company, the General Manager shall cause to be sent to each Person who was an Interest Holder at any time dining the taxable year then ended, that tax information concerning the Company which is necessary for preparing the Interest Holder's income tax returns for that year. At the request of any Member, and at the Member's expense, the General Manager shall cause an audit of the Company's books and records to be prepared by independent accountants for the period requested by the Member. 8.5. Tar Matters Partner. The General Manager shall be the Company's tax matters partner ("Tax Matters Partner"). The Tax Matters Partner shall have all powers and responsibilities provided in Code Section 6221, et seq. The Tax Matters Partner shall keep all Members informed of all notices from government taxing authorities which may come to the attention of the Tax Matters Partner. The Corupauay shall pay and be responsible for all reasonable third -party costs and expenses incurred by the Tax Matters Partner in performing those duties. A Member shall be responsible for any costs incurred by the Member with respect to any tax audit or tax -related administrative or judicial proceeding against any Member, even though it relates to the Company. The Tax Matters Partner may not compromise any dispute with the Internal Revenue Service without the approval of the Members. 8.6. Tin Elections. The General Manager than have the authority to make all Company elections permitted under the Code, including, without limitation, elections of methods of depreciation and elections under Code Section 754. The decision to make or not make an election shall be at the General Manager's sole and absolute discretion. 9. General Provisions 9.1. Assurances. Each Member shall execute all such certificates and other documents and shall do all such filing, recording, publishing, and other acts as the General Manager deems appropriate to comply with the requirements of law for the formation and operation of the Company and to comply with any laws, rules, and regulations relating to the acquisition, operation, or holding of the property of the Company. 9.2. Notifications. Any notice, demand, consent, election, offer, approval, request, or other communication (collectively a "notice") required or permitted under this Agreement must be in writing and either delivered personally or sent by certified or registered mail, postage prepaid, return receipt requested Any notice to be given hereunder by the Company shall be given by the MAI„9>a,sor.,`,Death .NI.mpMadmw'mut 11 9.112207 u1, 28. 2008 2:12PM Gilt, Grant, Go ran No. 0496 P. 14/21 General Manager. A notice must be addressed to an Interest Holder at the Interest Holder's last ]mown address on the records of the Company. A notice to the Company must be addressed to the Company's principal office. A notice delivered personally will be deemed given only when acknowledged in writing by the person to whom it is delivered. A notice that is sent by mail will be deemed given three (3) business days after it is mailed. Any party may designate, by notice to all of the others, substitute addresses or addressees for notices; and, thereafter, notices are to be directed to those substitute addresses or addressees. 9.3. Specific Performance. The parties recognize that irreparable injury will result from a breach of any provision of this Agreement and that money damages will be inadequate to fully remedy the injury. Accordingly, in the event of a breach or threatened breach of one or more of the provisions of this Agreement, any party who may be injured Cm addition to any other remedies which may be available to that party) shall be entitled to one or more preliminary or permanent orders (1) restraining and enjoining any act which would constitute a breach or (ii) compelling the performance of any obligation which, if not performed, would constitute a breach. 9.4. Complete Agreement This Agreement constitutes the complete and exclusive statement of the agreement among the Members. It supersedes all prior written and oral statements, agreements or understandings including any prior representation, statement, condition, or warranty. Except as expressly provided otherwise herein, this Agreement may not be amended without the written consent of all of the Members. 9.5. APPLICABLE LAW ALL QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, AND INTERPRETATION OF THIS AGREEMENT AND THE PERFORMANCE OF THE OBLIGATIONS IMPOSED BY THIS AGREEMENT SHALL BE GOVERNED BY THE INTERNAL LAW, NOT THE LAW RELATING TO CONFLICTS OF LAWS, OF THE STATE OF COLORADO. 9.6. Section Tides. The headings herein are inserted as a matter of convenience only, and do not define, limit, or describe the scope of this Agreement or the intent of the provisions hereof. 9.7. Binding Provisions. This Agreement is binding upon, and inures to the benefit of, the parties hereto and their respective hefts, executors, administrators, personal and legal representatives, successors, and permitted assigns. 9.8. Jurisdiction and Venire. Any suit imolving any dispute or matter arising under this Agreement may only be brought in the United States District Court for the District of Colorado or any Colorado State Court having jurisdiction over the subject matter of the dispute or matter. All Members hereby consent to the exercise of personal jurisdiction by any such court with respect to any such proceeding. 9.9. Terms. Common nouns and pronouns shall be deemed to refer to the masculine, feminine, neuter, singular, and plural, as the identity of the Person may in the context require. 9.10. Separability of Provisions. Each provision of this Agreement shall be considered separable; and if, for any reason, any provision or provisions herein are determined to be invalid ai,,w,DEMPI i1IDEMn. e.wr wen ia.,.aa 12 Jul. 28, 2008 2:13PM Gait, Grant, Gol ran • No. 0496 P. 15/21 and contrary to any existing or future law, such invalidity shall not impair the operation of or affect those portions of this Agreement which are valid. 9.11. Counterparrs. This Agreement may be executed simultaneously in two or more counterparts each of which shall be deemed an original, and all of which, when taken together, constitute one and the same document The signature of any party to any counterpart shall be deemed a signature to, and may be appended to, any other counterpart. 9.12. Estoppel Certificate. Each Member shall, within ten (10) days after written request by any Member or the General Manager, deliver to the requesting Person a certificate stating, to the Member's knowledge, that (a) this Agreement is in Null force and effect; (b) this Agreement has not been modified except by any instrument or instruments identified in the certificate; and (c) there is no default hereunder by the requesting Person, or if there is a default, the nature and extent thereof If the certificate is not received within that ten (10) -day period, the General Manager shall execute and deliver the certificate on behalf of the requested Member, without qualification, pursuant to the power of attorney granted in Section 5.6. [TBE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] WANW MmsdN aeua-nUwwMawwmAmMU 13 Jul. 28. 2008 2:13PM •t, Grant, Gol ran • No. 0496 P. 16/21 IN WITNESS WHEREOF, the parties have executed, or caused this Agreement to be executed, under seal, as of the date set forth hereinabove. ANDERSON SOUTH FARM LLC Barbara M. Foos Brenda G. Anderson CAMANnERMAmatramo •-u.y`.N®N aeon Pont.* C IWAS ala• GCpi72vr+ Louise Anderson The Edwin Anderson Family Trust By: Ce.kennial Bank of the West, Trustee V 14 ..Jgng Al . Cog ice President CL... Varan Jul. 28. 2008 2:13PM G•, Grant, Goiran • No. 0496 P. 17/21 ANDERSON SOUTH FARM LLC Operating Agreement Exhibit A List of Members, Capital and Percentages Name, Address and Taxpayer I.D. Number Initial Capital Contribution Percentages James E. Anderson & Brenda G. Anderson, JTWROS 3528 Weld County Road 28 Longmont, Colorado 80504 SSN: 523-66-3684 Josephine E. Anderson 1726 Twilight Court Longmont, Colorado 80501 SSN: 523-66-2970 Barbara Foos 3465 Bella Sovana Court Las Vegas, NV 89141 SSN: 523-66-3685 Louise Anderson 100 21st Avenue #101 Long nont, Colorado 80501 SSN: 521-12-6374 The Edwin Anderson Family Trust c/o Centennial Bank of the West, Trustee Sarah Sterkel, Vice President 401 Main Street Longmont, CO 80501 AMAIWI W gad,Y OealOA •WargeStimeged lam NVI da 15 $277 70 22.22% $171 10 2277% $22220 22.22% $71.30 7.13% $262.10 26.21% I,,.1J,R Jul, 28. 2008 2:13PM St, Grant, Goiran No. 0496 P. 18/21 ANDERSON SOUTH FARM LLC Operating Agreement Addendum I Definitions The following capitalized terms shall have the meanings specified in this Section L Other terms are defined in the text of this Agreement; and, throughout this Agreement, those terms shall have the meanings respectively ascribed to them. "Act" means the Colorado Limited Liability Company Act, as amended from time to time. "Affiliate" means, with respect to any Member, any Person: (i) which owns directly or indirectly more than 50% of the voting interests in the Member; or (ii) in which the Member owns directly or indirectly more than 50% of the voting interests; or (iii) in which more than 50% of the voting interests are owned by a Person who has a relationship with the Member described in clause (i) or @i) above. "4greenzent" means this Agreement, as amended from time to time. "Capital Account" means the account maintained by the Company for each Interest Holder in accordance with the following provisions: (i) an Interest Holder's Capital Account shall be credited with the Merest Holder's Capital Contributions, the amount of any Company liabilities assumed by the Interest Holder (or which are secured by Company property distributed to the Interest Holder) and the Interest Holder's allocable share of Profit; and (ii) an Interest Holder's Capital Account shall be debited with the amount of money and the fair market -value of any Company property distributed to the Interest Holder and the Interest Holder's allocable share of Loss. If any Interest is transferred pursuant to the terms of this Agreement, the transferee shall succeed to the Capital Account of the transferor to the extent the Capital Account is attributable to the transferred Interest It is intended that the Capital Accounts of all Interest Holders shall be maintained in compliance with the provisions of Regulation Section 1.704-1(b), and all provisions of this Agreement relating to the maintenance of Capital Accounts shall be interpreted and applied in a manner consistent with that Regulation. "Capital Contribution" means the total amount of cash and the fair market value of any other assets contributed (or deemed contributed under Regulation Section I.704-1(b)(2)(ivxd)) to the Company by a Member, net of liabilities assumed or to which the assets are subject. "Capital Transaction" means any transaction not in the ordinaty course of business which results in the Company's receipt of cash or other consideration other than Capital Contributions, a+.WN9Vt4Jamion ram • Maw Mmil:ci peon Pero) - 16 Jul. 28. 2008 2:14PM Get, Grant, Go ran • No. 0496 P. 19/21 including, without limitation, proceeds of sales or exchanges or other dispositions of property not in the ordinary course of business, financings, refinancings, condemnations, recoveries of damage awards, and insurance proceeds. "Cash Flow" means all cash funds derived from operations of the Company (including interest received on reserves), without reduction for any noncash charges, but less cash funds used to pay current operating expenses and to pay or establish reasonable reserves for future expenses, debt payments, capital improvements, and replacements as determined by the General Manager. Cash Flow shall be increased by the reduction of any reserve previously established. "Code" means the Internal Revenue Code of 1986, as amended, or any corresponding provision of any succeeding law. "Company" means the limited liability company organized in accordance with this Agreement. "CSOS" means the Colorado Secretary of State. "General Manager" is the Person designated as such in Section V. "Interest Holder" means any Person who holds a Membership Interest, whether as a Member or as an unadmitted assignee of a Member. " hwoluntary Withdrawal" means, with respect to any Member, the occurrence of any of the following events: (1) the Member makes an assignment for the benefit of creditors; (ii) the Member files a voluntary petition of bankruptcy; (iii) the Member is adjudged bankrupt or insolvent or there is entered against the Member an order for relief in any bankruptcy or insolvency proceeding; (iv) the Member files a petition seeking for the Member any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any statute, law, or regulation; (v) the Member seeks, consents to, or acquiesces in the appointment of a trustee for, receiver for, or liquidation of the Member or of all or any substantial part of the Member's properties; (vi) the Member files an answer or other pleading admitting or failing to contest the material allegations of a petition filed against the Member in any proceeding described in Subsections (i) thmugh (v); 17 Jul. 28. 2008 2:14PM Alt, Grant, Goiran No. 0496 P. 20/21 (vii) any proceeding against the Member seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any statute, law, or regulation, continues for one hundred twenty (120) days after the commencement thereof, or the appointment of a trustee, receiver, or liquidator for the Member or all or any substantial part of the Member's properties without the Member's agreement or acquiescence, which appointment is not vacated or stayed for one hundred twenty (120) days or, if the appointment is stayed, for one hundred twenty (I20) days after the expiration of the stay during which period the appointment is not vacated; (viii) if the Member is an individual, the Member's death or adjudication by a court of competent jurisdiction as incompetent to manage the Member's person or property; (ix) if the Member is acting as a Member by virtue of being a trustee of a trust, the termination of the trust; (x) if the Member is a partnership or limited liability company, the dissolution and commencement of winding up of the partnership or limited liability company; (xi) if the Member is a corporation, the dissolution of the corporation or the revocation of its charter; (xii) if the Member is an estate, the distribution by the fiduciary of the estate's entire interest in the Company; or (xiii) breach of the Agreement by the Member. "Member" means each Person signing this Agreement and any Person who subsequently is admitted as a member of the Company. "Membership Interest" means a Person's share of the Profits and Losses of; and the right to receive distributions from, the Company. "Membership Rights" means all of the rights of a Member in the Company, including a Member's: (i) Membership Interest, (ii) right to inspect the Company's books and records, (iii) right to participate in the management of and vote on matters corning before the Company, and (iv) unless this Agreement or the Articles of Organization provide to the contrary, right to act as an agent of the Company. "Percentage" means, as to a Member, the percentage set forth after the Member's name on Exhibit A, as amended from time to time, and as to an Interest Holder who is not a Member, the Percentage of the Member whose Interest has been acquired by such Interest Holder, to the extent the Interest Holder has succeeded to that Member's Membership Interest "Person" means and includes an individual, corporation, partnership, association, limited liability company, trust, estate, or other entity. WAVINDIRSIVindie DtQA -amain Atngpm Itun$a 18 tul.28. 2008 2:14PM Gr.,, Grant, Goiran • No. 0496 P. 21/21 "Profit" and "Loss" means, for each taxable year of the Company (or other period for which Profit or Loss must be computed) the Company's taxable income or loss determined in accordance with Code Section 703(a), with the following adjustments: (1) all items of income, gain, loss, deduction, or credit required to be stated separately pursuant to Code Section 703(ax1) chall be included in computing taxable income or loss; (ii) any tax-exempt income of the Company, not otherwise taken into account in computing Profit or Loss, shall be included in computing taxable income or loss; (iii) any expenditures of the Company described in Code Section 705(a)(2X8) (or treated as such pursuant to Regulation Section 1.704-1(b)(2)(iv)(i)) and not otherwise taken into account in computing Profit or Loss, shall be subtracted from taxable income or loss; (iv) gain or loss resulting from any taxable disposition of Company property shall be computed by reference to the adjusted book value of the property disposed of notwithstanding the fact that the adjusted book value differs from the adjusted basis of the property for federal income tax purposes; and (v) in lieu of the depreciation, amortization, or cost recovery deductions allowable in computing taxable income or loss, there shall be taken into account the depreciation computed based upon the adjusted book value of the asset "Regulation" means the income tax regulations, including any temporary regulations, from time to time promulgated under the Code. "Resignation" means a Member's dissociation with the Company by means other than a Transfer or an Involuntary Withdrawal. "Transfer" means, when used as a noun, any voluntary sale, hypothecation, pledge, assignment, attachment, or other transfer, and, when used as a verb, means voluntarily to sell, hypothecate, pledge, assign, or otherwise transfer. GANahomsprags. PNDA - tumor nb IShn nate 19 Identify Results • • Page 1 of 3 • Account#: R5658986 • Tax Area: 2306 Acres: 237.93 Township Range Section Ouart. Sec. 02-68-32-0 Owners Name & Address: ANDERSON SOUTH FARM LLC C/O JAMES E ANDERSON 3528 CR 28 LONGMONT, CO 80504 WELD COUNTY ASSESSOR PROPERTY PROFILE Bordering County: Subdivison Name Block# Lot# Additional Owners: ANDERSON EDWIN FAM TRUST 78.69% OF 1/3 & ANDERSON JOSEPHINE E 22.11% OF 2/3 INT & ANDERSON LOUISE 21.31% OF 1/3 FOOS BARBARA M 22.11% OF 2/3 INT & ANDERSON BRENDA G Business/Complex: Sale Date 9/20/2007 Sale Price $0 Parcel#: 131332000031 Property Address: Street: 6728 3.25 CR City: WELD Sales Summary Deed Type BSDN Legal Description Reception # 3506314 E2NW4/PT NE4/PT N2SE4 32-2-68 LOT A REC EXEMPT RE -281 (1RR1.50D3.34R25) SITUS: 6728 3.25 CR WELD 000000000 Land Type Agricultura Agricultura Agricultura Agricultura Agricultura Agricultura Agricultura Land Subtotal: Land Valuation Summary Abst Code Unit of Number of Measure Units 4117 Acres 25.62 4147 Acres 4.73 4147 Acres 4.27 4117 Acres 79.71 4117 Acres 24.2 4117 Acres 12.81 4117 Acres 86.59 Bldg# Property Type 1 2 3 5 Residential Out Building Out Building Out Building Improvements Subtotal: • Total Property Value Actual Value Assessed Value 237.93 $99,340 $28,810 Buildings Valuation Summary Actual Value $140,924 $240,264 Assessed Value $19,920 $48,730 http://maps2.merrick.com/W ebsite/W eld/setSq 1.asp?cmd=QUERY&DET=PP&pin=1313... 07/22/2008 Identify Results Page 2 of 3 Building Details Account#: R5658986 Parcel#: 131332000031 Owners Name & Address: ANDERSON SOUTH FARM LLC C/O JAMES E ANDERSON 3528 CR 28 LONGMONT, CO 80504 Buildina# 1 Built As: Exterior: Interior Finish: # of Baths: # of Bdrms: # of Stories: Rooms: Garage: Attached SQ Ft: Basement: Total SQ Ft: 2 Story Frame Hardboard Drywall 1 3 2 Property Address: Street: 6728 3.25 CR City: WELD Property Type Residential Individual Built As Detail Year Built: HVAC: Built As SQ Ft: Roof Type: Roof Cover: 1904 Forced Air 1888 Composition Shingle Units: 0 Detached SQ Ft: Finished SQ Ft: Account#: R5658986 Parcel#: 131332000031 Owners Name & Address: ANDERSON SOUTH FARM LLC C/O JAMES E ANDERSON 3528 CR 28 LONGMONT, CO 80504 Building# 2 Built As: Exterior: Interior Finish: # of Baths: # of Bdrms: # of Stories: Rooms: Garage: Attached SQ Ft: Basement: Total SQ Ft: Property Address: Street: 6728 3.25 CR City: WELD Property Type Out Building Individual Built As Detail Shed - Utility Year Built: HVAC: 0 0 0 0 Built As SQ Ft: Roof Type: Roof Cover: 1950 None 1200 Units: 0 Detached SQ Ft: Finished SQ Ft: Account#: R5658986 Parcel#: 131332000031 Owners Name & Address: ANDERSON SOUTH FARM LLC C/O JAMES E ANDERSON 3528 CR 28 LONGMONT, CO 80504 Building*: 3 Property Type Out Building Property Address: Street: 6728 3.25 CR City: WELD http://maps2.merrick.com/ W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=1313... 07/22/2008 Identify Results Page 3 of 3 Built As: Exterior: Interior Finish: # of Baths: # of Bdrms: # of Stories: Rooms: Garage: Attached SQ Ft: Basement: Total SQ Ft: Individual Built As Detail Barn Year Built: 1920 HVAC: None Built As SQ Ft: 1260 0 Roof Type: 0 Roof Cover: 0 0 Units: 0 Detached SQ Ft: Finished SQ Ft: Account#: R5658986 Parcel#: 131332000031 Owners Name & Address: ANDERSON SOUTH FARM LLC C/O JAMES E ANDERSON 3528 CR 28 LONGMONT, CO 80504 Building# 5 Built As: Exterior: Interior Finish: # of Baths: # of Bdrms: # of Stories: Rooms: Garage: Attached SQ Ft: Basement: Total SQ Ft: Shed - Equipment 0 0 1 0 Property Address: Street: 6728 3.25 CR City: WELD Property Type Out Building Individual Built As Detail Year Built: HVAC: Built As SQ Ft: Roof Type: Roof Cover: 1986 Hot Water Radiant 3500 Units: 0 Detached SQ Ft: Finished SQ Ft: http://maps2.merrick.com/W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=1313... 07/22/2008 COLORADO DEPARTMENT OF TRANSPORTATION I STATE HIGHWAY ACCESS CODE NOTICE TO PROCEED cool Permit No. 409026 SH/S/MP 52A/ 8.419 / L Local Jurisdiction Weld County Permittee(s): Applicant: Anderson South Farm, LLC James E. Anderson 6876 County Road 5 6876 County Road 5 Erie, CO 80516 Erie, CO 80516 The permittee is hereby authorized to proceed with access construction within state highway right-of-way in accordance with the above referenced State Highway Access Permit and this Notice to Proceed. This Notice to Proceed is valid only if the referenced Access Permit has not expired. Access Permits expire one year from date of issue if not under construction, or completed. Access Permits may be extended in accordance with Section 2.3(11)(d), of the Access Code. Adequate advance warning is required at all times during access construction, in conformance with the Manual on Uniform Traffic Control Devices for Streets and Highways. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation. The permittee or applicant shall notify the Department prior to commencing construction as indicated on the Access Permit. Both the Access Permit and this Notice To Proceed shall be available for review at the construction site. This Notice to Proceed is conditional. The following items shall be addressed prior to or during construction as appropriate. Weld County Planning Department GREELEY OFFICE MAY 15 ?OOP RECEIVED Municipality or County Approval (When the appropriate local authority retains issuing authority) By (X) Title Date This Notice is not valid until signed by a duly authorized representative of the Department Colorado Department of Transportation By —Q (X) �-� d- —1 (1� Title rn f -I L k -'(-rte Date 5/14/2009 C distrjbution: Required: Region (original) Applicant Staff Access Section Make copies as necessary for: Local Authori y Inspector Lee Ireto MTCE Patrol Traffic Engineer 9 -Longmont Form 1265 8/98, 6/99 • • COLORADO DEPARTMENT OF TRANSPORTATION STATE HIGHWAY ACCESS PERMIT CDOT Permit No 40902E Permit fee $100.00 Date of transmittal 4/20/2009 Region/Section/Patrol 4 / 01 / 9 -Longmont State Highway No/Mp/Side 52A/8.419 /L Local Jurisdiction Weld County The Permittee(s); Applicant: Anderson South Farm, LLC James E. Anderson 6876 County Road 5 Erie, CO 80516 720-640-8260 6876 County Road 5 Erie, CO 80516 720-641-8260 Ref No.: is hereby granted permission to have an access to the state highway at the location noted below. The access shall be constructed, maintained and used ii accordance with this permit, including the State Highway Access Code and any attachments, terms, conditions and exhibits. This permit may be revoked by the issuing authority if at any time the permitted access and its use violate any parts of this permit. The issuing authority, the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. Location: This access is located on State Highway 52, a distance of 2212 feet east of mile post 8 on the north/left side. Access to Provide Service to: (Land Use Code:) 998 - County Road (WELD COUNTY ROAD 3.25) (Size or Count) (Units) 1,142 ADT Additional Information: "WELD COUNTY ROAD 3.25" • MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. Signature Print Name Title Date Upon the signing of this permit the perm ttee agrees to the terms and conditions and referenced attachments contained herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from Initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit prior to being used. The nermittee shall notify Lee Ireton with the Colorado Department of Transportation in Greeley, Colorado at (970) 350-2147, at least 48 hours prior to commencing construction within the State Highway right-of-way. The person signing as the permittee must be the owner or legal representative of the property served by the permitted access and have full authority to accept the permit and its terms and conditions. Permi1ttee Signature � AW8i44 500 So;.\\X LC L Print Name S 1wME5 £ Al•)At169/1/ Date kr 77, pq },,,‘,�a. . t k 401 Mir This permit is not valid until signed by a duly authorized representative of the Department. • COLORADO DEPARTMENT OF TRANSPORTATION Sig ture 112 � d„ GU— I L /P�rint Name i i CILp121 A T t I a_ - I TDc j(L- Title P£RM-ty t4ea- Date (of issue) /i q k Cbpv Distribution: Required: 1.Region 2.Applicant 3.Staff Access Section 4.Central Files Make copies as necessary for: Local Authority Inspector MTCE Patrol Traffic Engineer Previous editions are obsolete and may riot be use( Page 1 of 3 CDOT Form #101 5/01 State Highway Access Permit Form 101, Page 2 •The following paragraphs are excerpts of the State Highway Access Code. These are provided for your convenience but do not alleviate compliance with all sections of the Access Code. A copy of the State Highway Access Code is available from your local issuing authority (local government) or the Colorado Department of Transportation (Department). When this permit was issued, the issuing authority made its decision based in part on information submitted by the applicant, on the access category which is assigned to the highway, what alternative access to other public roads and streets is available, and safety and design standards. Changes in use or design not approved by the permit or the issuing authority may cause the revocation or suspension of the permit. APPEALS 1. Should the permittee or applicant object to the denial of a permit application by the Department or object to any of the terms or conditions of a permit placed there by the Department, the applicant and permittee (appellant) have a right to appeal the decision to the [Transportation] Commission [of Colorado]. To appeal a decision, submit a request for administrative hearing to the Transportation Commission of Colorado within 60 days of transmittal of notice of denial or transmittal of the permit for signature. Submit the request to the Transportation Commission of Colorado, 4201 East Arkansas Avenue, Denver, Colorado 80222-3400. The request shall include reasons for the •appeal and may include changes, revisions, or conditions that would be acceptable to the permittee or applicant. 2. Any appeal by the applicant or permittee of action by a local issuing authority shall be filed with the local authority and be consistent with the appeal procedures of the local authority. 3. In submitting the request for administrative hearing, the appellant has the option of including within the appeal a request for a review by the Department's internal administrative review committee pursuant to [Code] subsection 2.10. When such committee review is requested, processing of the appeal for formal administrative hearing, 2.9(5) and (6), shall be suspended until the appellant notifies the Commission to proceed with the administrative hearing, or the appellant submits a request to the Commission or the administrative law judge to withdraw the appeal. The two administrative processes, the internal administrative review committee, and the administrative hearing, may not run concurrently. 4. Regardless of any communications, meetings, administrative reviews or negotiations with the Department or the internal administrative review Committee regarding revisions or objections to the permit or a denial, if the permittee or applicant wishes to appeal the Department's decision to the Commission for a hearing, the appeal must �e brought to the Commission within 60 days of transmittal of notice of denial or transmittal of the permit. PERMIT EXPIRATION 1. A permit shall be considered expired if the access is not under construction within one year of the permit issue date or before the expiration of any authorized extension. When the permittee is unable to commence construction within one year after the permit issue date, the permittee may request a one year extension from the issuing authority. No more than two one-year extensions may be granted under any circumstances. If the access is not under construction within three years from date of issue the permit will be considered expired. Any request for an extension must be in writing and submitted to the issuing authority before the permit expires. The request should state the reasons why the extension is necessary, when construction is anticipated, and include a copy of page 1 (face of permit) of the access permit. Extension approvals shall be in writing. The local issuing authority shall obtain the concurrence of the Department prior to the approval of an extension, and shall notify the Department of all denied extensions within ten days. Any person wishing to reestablish an access permit that has expired may begin again with the application procedures. An approved Notice to Proceed, automatically renews the access permit for the period of the Notice to Proceed. CONSTRUCTION 1. Construction may not begin until a Notice to Proceed is approved. (Code subsection 2.4] 2. The construction of the access and its appurtenances as required by the terms and conditions of the permit shall be completed at the expense of the permittee except as provided in subsection 2.14. All materials used in the construction of the access within the highway right-of-way or on permanent easements, become public property. Any materials removed from the highway right-of-way will be disposed of only as directed by the Department. All fencing, guard rail, traffic control devices and other equipment and materials removed in the course of access construction shall be given to the Department unless otherwise instructed by the permit or the Department inspector. 3. The permittee shall notify the individual or the office specified on the permit or Notice to Proceed at least two working days prior to any construction within state highway right-of-way. Construction of the access shall not proceed until both the access permit and the Notice to Proceed are issued. The access shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation of construction within the highway right-of-way. A construction time extension not to exceed 30 working days may be requested from the individual or office specified on the permit. 4. The issuing authority and the Department may inspect the access during construction and upon completion of the access to ensure that all terms and conditions of the permit are met. Inspectors are authorized to enforce the conditions of the permit during construction and to halt any activities within state right-of-way that do not comply with the provisions of the permit, that conflict with concurrent highway construction or maintenance work, that endanger highway property, natural or cultural resources protected by law, or the health and safety of workers or the public. 5. Prior to using the access, the permittee is required to complete the construction according to the terms and conditions of the permit. Failure by the permittee to abide by all permit terms and conditions shall be sufficient cause for the Department or issuing authority to initiate action to suspend or revoke the permit and close the access. If in the determination of the Department or issuing authority the failure to comply with or complete the construction requirements of the permit create a highway safety hazard, such shall be sufficient cause for the summary suspension of the permit. If the permittee wishes to use the access prior to completion, arrangements must be approved by the issuing authority and Department and included in the permit. The Department or issuing authority may order a halt to any unauthorized use of the access pursuant to statutory and regulatory powers. Reconstruction or improvement of the access may be required when the permittee has failed to meet required specifications of design or materials. If any construction element fails within two years due to improper construction or material specifications, the permittee shall be responsible for all repairs. Failure to make such repairs may result in suspension of the permit and closure of the access. 6. The permittee shall provide devices at all times during conformance with the M.U.T.C.D 4-104, C.R.S., as amended. construction traffic control access construction, in as required by section 42- 7. A utility permit shall be obtained for any utility work within highway right-of-way. Where necessary to remove, relocate, or repair a traffic control device or public or private utilities for the construction of a permitted access, the relocation, removal or repair shall be accomplished by the permittee without cost to the Department or issuing authority, and at the direction of the Department or utility company. Any damage to the state highway or other public right-of-way beyond that which is allowed in the permit shall be repaired immediately. The permittee is responsible for the repair of any utility damaged in the course of access construction, reconstruction or repair. 8. In the event it becomes necessary to remove any right- of-way fence, the posts on either side of the access shall be securely braced with an approved end post before the fence is cut to prevent any slacking of the remaining fence. All posts and wire removed are Department property and shall be turned over to a representative of the Department. 9. The permittee shall ensure that a copy of the permit is available for review at the construction site at all times. The permit may require the contractor to notify the individual or office specified on the permit at any specified phases in construction to allow the field inspector to inspect various aspects of construction such as concrete forms, subbase, base course compaction, and materials specifications. Minor changes and additions may be ordered by the Department or local authority field inspector to meet unanticipated site conditions. 10. Each access shall be constructed in a manner that shall not cause water to enter onto the roadway or shoulder, and shall not interfere with the existing drainage system on the right-of-way or any adopted municipal system and drainage plan. 11. By accepting the permit, permittee agrees to s indemnify, and hold harmless to the extent allowed by la , the issuing authority, the Department, its officers, and employees from suits, actions, claims of any type or character brought because of injuries or damage sustained by any person resulting from the permittee's use of the access permit during the construction of the access. CHANGES IN ACCESS USE AND PERMIT VIOLATIONS 1. It is the responsibility of the property owner and permittee to ensure that the use of the access to the property is not in violation of the Code, permit terms and conditions or the Act. The terms and conditions of any permit are binding upon all assigns, successors -in -interest, heirs and occupants. If any significant changes are made or will be made in the use of the property which will affect access operation, traffic volume and or vehicle type, the permittee or property owner shall contact the local issuing authority or the Department to determine if a new access permit and modifications to the access are required. 2. When an access is constructed or used in violation of the Code, section 43-2-147(5)(c), C.R.S., of the Act applies. The Department or issuing authority may summarily suspend an access permit and immediately order closure of the access when its continued use presents an immediate threat to public health, welfare or safety. Summary suspension shall comply with article 4 of title 24, C.R.S. MAINTENANCE 1. The permittee, his or her heirs, successors -in -interest, assigns, and occupants of the property serviced by the access shall be responsible for meeting the terms and conditions of the permit, the repair and maintenance of the access beyond the edge of the roadway including any cattle guard and gate, and the removal or clearance of snow or ice upon the access even though deposited on the access in the course of Department snow removal operations. Within unincorporated areas the Department will keep access culverts clean as part of maintenance of the highway drainage system. However, the permittee is responsible for the repair and replacement of any access -related culverts within the right-of-way. Within incorporated areas, drainage responsibilities for municipalities are determined by statute and local ordinance. The Department will maintain the roadway including auxiliary lanes and shoulders, except in those cases where the access installation has failed due to improper access construction and/or failure to follow permit requirements and specifications in which case the permittee shall be responsible for such repair. Any significant repairs such as culvert replacement, resurfacing, or changes in design or specifications, requires authorization from the Department. Form 101, Page 3 State Highway Access Permit Form 101, Page 3 •highway property, natural or cultural resources protected by law, or the health and safety of workers or the public. 5. Prior to using the access, the permittee is required to complete the construction according to the terms and conditions of the permit. Failure by the permittee to abide by all permit terms and conditions shall be sufficient cause for the Department or issuing authority to initiate action to suspend or revoke the permit and close the access. If in the determination of the Department or issuing authority the failure to comply with or complete the construction requirements of the permit create a highway safety hazard, such shall be sufficient cause for the summary suspension of the permit. If the permittee wishes to use the access prior to completion, arrangements must be approved by the issuing authority and Department and included in the permit. The Department or issuing authority may order a halt to any unauthorized use of the access pursuant to statutory and regulatory powers. Reconstruction or improvement of the access may be required when the permittee has failed to meet required specifications of design or materials. If any construction element fails within two years due to improper construction or material specifications, the permittee shall be responsible for all repairs. Failure to make such repairs may result in suspension of the permit and closure of the access. 6. The permittee shall provide construction traffic control devices at all times during access construction, in conformance with the M.U.T.C.D. as required by section 42-4-104, C.R.S., as amended. 7. A utility permit shall be obtained for any utility work within highway right-of-way. Where necessary to remove, relocate, or repair a traffic control device or public or private utilities for the construction of a permitted access, the relocation, removal or repair shall be accomplished by the permittee without cost to the Department or issuing authority, and at the direction of the Department or utility company. Any damage to the state highway or other public right-of-way beyond that which is allowed in the permit shall be repaired immediately. The permittee is responsible for the repair of any utility damaged in the course of access construction, reconstruction or repair. 8. In the event it becomes necessary to remove any right-of- way fence, the posts on either side of the access shall be securely braced with an approved end post before the fence is cut to prevent any slacking of the remaining fence. All posts and wire removed are Department property and shall be turned over to a representative of the Department. 9. The permittee shall ensure that a copy of the permit is available for review at the construction site at all times. The permit may require the contractor to notify the individual or office specified on the permit at any specified phases in construction to allow the field inspector to inspect various aspects of construction such as concrete forms, subbase, base course compaction, and materials specifications. Minor changes and additions may be ordered by the Department or local authority field inspector to meet unanticipated site conditions. 10. Each access shall be constructed in a manner that shall not •cause water to enter onto the roadway or shoulder, and shall not interfere with the existing drainage system on the right-of- way or any adopted municipal system and drainage plan. or clearances required for construction of the access. Issuance of this access permit does not constitute verification of the above required actions by the Permittee. By accepting the permit, the permittee stipulates and agrees to fully protect, save, defend, indemnify, and hold harmless, to the extent allowed by law, the issuing Authority, and each of the Authority's directors, officers, employees, agents and representatives, from and against any and all claims, costs (including but not limited to all reasonable fees and charges of engineers, architects, attorneys, and other professionals or expert witnesses and all court or other dispute resolution costs directly incurred by reason of claims directly brought against the Authority), losses, damages, pre- or post - judgment interest, causes of action, suits, or liability of any nature whatsoever by reason of liability imposed due to Permittee's failure to obtain, or disregard of, any applicable federal, state or local environmental permits, approvals, authorizations, or clearances, or in meeting or complying with any applicable federal, state or local environmental law, regulation, condition or requirements in connection with any activities authorized by this Access Permit. CHANGES IN ACCESS USE AND PERMIT VIOLATIONS 1. It is the responsibility of the property owner and permittee to ensure that the use of the access to the property is not in violation of the Code, permit terms and conditions or the Act. The terms and conditions of any permit are binding upon all assigns, successors -in -interest, heirs and occupants. If any significant changes are made or will be made in the use of the property which will affect access operation, traffic volume and or vehicle type, the permittee or property owner shall contact the local issuing authority or the Department to determine if a new access permit and modifications to the access are required. 2. When an access is constructed or used in violation of the Code, section 43-2-147(5)(c), C.R.S., of the Act applies. The Department or issuing authority may summarily suspend an access permit and immediately order closure of the access when its continued use presents an immediate threat to public health, welfare or safety. Summary suspension shall comply with article 4 of title 24, C.R.S. MAINTENANCE 1. The permittee, his or her heirs, successors -in -interest, assigns, and occupants of the property serviced by the access shall be responsible for meeting the terms and conditions of the permit, the repair and maintenance of the access beyond the edge of the roadway including any cattle guard and gate, and the removal or clearance of snow or ice upon the access even though deposited on the access in the course of Department snow removal operations. Within unincorporated areas the Department will keep access culverts clean as part of maintenance of the highway drainage system. However, the permittee is responsible for the repair and replacement of any access -related culverts within the right-of-way. Within incorporated areas, drainage responsibilities for municipalities are determined by statute and local ordinance. The Department will maintain the roadway including auxiliary lanes and shoulders, except in those cases where the access installation has failed due to improper access construction and/or failure to follow permit requirements and specifications in which case the permittee shall be responsible for such repair. Any significant repairs such as culvert replacement, resurfacing, or changes in design or specifications, requires authorization from the Department. 11. The Permittee is responsible for obtaining any necessary additional Federal, State and/or City/County permits Form 101, Page 3 COLORADO DEPARTMENT OF TRANSPORTATION Environmental Clearances Information Summary 4 PURPOSE - This summary is intended to inform entities external to CDOT that may be entering the state highway right-of-way to perform work related to their own facilities (such as Utility, Special Use or Access Permittees), about some of the more commonly encountered environmental permits/clearances that may apply to their activities. This listing is not all-inclusive - additional environmental or cultural resource permits/clearances may be required in certain instances. Appropriate local, state and federal agencies should be contacted for additional information if there is any uncertainty about what permits/clearances are required for a specific activity. IMPORTANT — Please Review The Following Information Carefully — Failure to Comply With Regulatory Requirements May Result In Suspension or Revocation of Your CDOT Permit, Or Enforcement Actions By Other Agencies CLEARANCE CONTACTS - As indicated in the permit/clearance descriptions listed below, the following individuals or agencies may be contacted for additional information: • Colorado Department of Public Health and Environment (CDPHE) — General Information — (303) 692-2035 Water Quality Control Division (WQCD) (303) 692-3500 Environmental Permitting Website http://www.cdphe.state.co.us/permits.asp. • CDOT Water Quality Program Manager; Rick Willard (303) 757-9343 • CDOT Asbestos Project Manager; Julia Horn (303) 512-5519 • Colorado Office of Archaeology and Historic Preservation: (303) 866-3395 • U.S. Army Corps of Engineers, District Regulatory Offices Omaha District (NE Colorado), Denver Office (303) 979-4120 http://www.nwo.usace.armv.mil/html/od-tl/tri-lakes.html Sacramento Dist. (Western CO), Grand Junction Office (970) 243-1199 http://www.spk.usace.armv.mil/cespk-co/requlatorv/ Albuquerque District (SE Colorado), Pueblo Reg. Office (719)-543-6915 http://www.spa.usace.armv.mil/req/ • CDOT Utilities, Special Use and Access Permitting: (303) 757-9654 http://www.dot.state.co.us/Permits/ Ecological Resources — Disturbance of wildlife shall be avoided to the maximum extent practicable. Entry into areas of known or suspected threatened or endangered species habitat will require special authorization from the CDOT permitting office. If any threatened or endangered species are encountered during the progress of the permitted work, work in the subject area shall be halted and the CDOT Regional Permitting Office and Regional Planning and Environmental Manager shall be contacted immediately. Authorization must be provided by CDOT prior to the continuation of work. Information about threatened or endangered species may be obtained from the CDOT website http://www.dot.state.co.us/environmental/VVildlife/Guidelines.asp or the Colorado Division of Wildlife website http://wildlife.state.co.us/WildlifeSpecies/SpeciesOfConcern/. Additional guidance may be provided by the Regional Permitting Office in the Permit Special Provisions. Cultural Resources — The applicant must request a file search of the permit area through the Colorado Office of Archaeology and Historic Preservation (OAHP), Denver, to ascertain if historic or archaeological resources have previously been identified. Inventory of the permit area by a qualified cultural resources specialist may be necessary, per the recommendation of OAHP and/or CDOT. If archaeological or historical artifacts are encountered during the progress of the permitted work, work in the subject area shall be halted and the CDOT Regional Permitting Office and Regional Planning and Environmental Manager shall be contacted immediately. Authorization must be provided by CDOT prior to the continuation of work. Additional guidance may be provided by the Regional Permitting Office in the Permit Special Provisions. Contact Information Contact the OAHP at (303) 866-3395. General Prohibition — Discharges - All discharges are subject to the provisions of the Colorado Water Quality Control Act and the Colorado Discharge Permit Regulations. Prohibited discharges include substances such as wash water, paint, automotive fluids, solvents, oils or soaps. Contact Information: Contact the CDOT Water Quality Program Manager at (303) 757-9343, or the Colorado Department of Public Health and Environment, Water Quality Control Division (WQCD) at (303) 692-3500. General Authorization - Allowable Non-Stormwater Discharges - Unless otherwise identified by CDOT or the WQCD as significant sources of pollutants to the waters of the State, the following discharges to stormwater systems are allowed without a Colorado Discharge Permit System permit: landscape irrigation, diverted stream flows, uncontaminated ground water infiltration to separate storm sewers, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, footing drains; water line flushing, flows from riparian habitats and wetlands, and flow from fire fighting activities. Contact Information: The CDOT Water Quality Program Manager or the CDPHE Water Quality Control Division (telephone #'s listed above). Hazardous Materials, Solid Waste - The Solid Wastes Disposal Sites and Facilities Act C.R.S. 30-20-100, et al, and Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2), prohibit solid waste disposal without an approved Certificate of Designation (a landfill permit). The Colorado Hazardous Waste Act C.R.S. 25-15-301 et al, and the Colorado Hazardous Waste Regulations (6 CCR 1007-3) prohibit the transfer, storage or disposal (TSD) of hazardous waste except at permitted TSD sites. There are no permitted landfills or TSD sites within the State Highway Right of Way. Therefore, all solid or hazardous wastes that might be generated by the activities of entities entering the State Highway Right of Way must be removed from the ROW and disposed of at a permitted facility or designated collection point (e.g., for solid waste, a utility or construction company's own dumpster). If pre-existing solid waste or hazardous materials contamination (including oil or gasoline contaminated soil, asbestos, chemicals, mine tailings, etc.) is encountered during the performance of work, the permittee shall halt work in the affected area and immediately contact the CDOT Regional Permitting Office for direction as to how to proceed. Contact Info: Contact the CDOT/CDPHE Liaison at (303)757-9787. Environmental Clearances Information Summary Page 1 of 3 Colorado Department of Transportation November '07 Asbestos Containing Materials, Asbestos Contaminated Soil — All work on asbestos containing materials (ACM) must comply with the applicable requirements of the CDPHE Air Pollution Control Division's (APCD) Regulation 8. Disposal of ACM, and work done in asbestos -contaminated soil, must comply with the CDHPE Hazardous Materials and Waste Management Division's (HMWMD) Solid Waste Regulations. The application for any CDOT permit must specifically identify any ACM involved in the work for which authorization is being requested. Additional guidance or requirements may be specified in the permit special provisions. Contact Info: CDPHE APCD and HMWMD Regulations can be accessed via the CDPHE Environmental Permitting Website listed above. Additional information concerning clearance on CDOT projects is available from Julia Horn, CDOT Asbestos Project Manager (303) 512-5519, or Theresa Santangelo-Dreiling, Property Management Supervisor (303) 512-5524. Construction Stormwater Permit; Stormwater Discharge From Industrial Facilities - Discharges of stormwater runoff from construction sites disturbing one acre or more - or certain types of industrial facilities - requires a CDPS Stormwater Permit. Contact Information: For Utility/Special Use activities being performed in conjunction and coordination with a CDOT highway construction contract, please contact the CDOT Water Quality Program Manager at (303) 757-9343. Otherwise, contact the CDPHE Water Quality Control Division at (303) 692-3500. Website: http://www.cdphe.state.co.us/wo/PermitsUnit/wgcdnmt.html Construction Dewatering (Discharge or Infiltration) — Discharges of water encountered during excavation or work in wet areas may require a Construction Dewatering Discharge Permit. Contact Information: For Construction Dewatering Discharge Permits, contact the CDPHE WQCD at (303) 692-3500. Website:http://www.cdphe.state.co.us/wq/PermitsUnit/wgcdpmt.html Minimal Industrial Discharge Permit — Discharges of small quantities of wastewater or wastewater requiring minimal treatment, such as that resulting from hydrostatic testing or certain wash waters, may require a Minimal Industrial Discharge Permit ("MINDI"). Contact Info: Contact the CDPHE WQCD at (303) 692-3500. Website: http://www.cdphe.state.co.us/wq/PermitsUnit/wgcdpmt.html Municipal Separate Storm Sewer System (MS4) Discharge Permit — Discharges from the storm sewer systems of larger municipalities, and from the CDOT highway drainage system that lies within those municipalities, are subject to MS4 Permits issued by the CDPHE WQCD. For facilities that lie within the boundaries of a municipality that is subject to a MS4 permit, the owner of such facility should contact the municipality regarding stormwater related clearances that may have been established under that municipality's MS4 permit. All discharges to the CDOT highway drainage system must comply with the applicable provisions of the Colorado Water Quality Control Act and the Colorado Discharge Permit Regulations, and are subject to inspection by the CDOT and the CDHPE. Contact Information: Contact the CDPHE Water Quality Control Division at (303) 692-3500 for a listing of municipalities required to obtain MS -4 Permits, or qo to http://www.cdphe.state.co.us/wq/PermitsUnit/wgcdpmt.html#MunicipalFormsGuidance. Discharge of Dredged or Fill Material — 404 Permits Administered By the U.S. Army Corps of Engineers, and Section 401 Water Quality Certifications Issued by the CDPHE WQCD - Corps of Engineers 404 Permits are required for the discharge of dredged or fill materials into waters of the United States, including wetlands. There are various types of 404 Permits, including Nationwide Permits, which are issued for activities with relatively minor impacts. For example, there is a Nationwide Permit for Utility Line Activities (NWP #12). However, depending upon the specific circumstances, it is possible that either a "General" or "Individual" 404 permit would be required. If an Individual 404 Permit is required, Section 401 water quality certification from the CDPHE WQCD is also required. Contact Information: Contact the appropriate Corps District Regulatory Office for information about what type of 404 permit may be required (information provided at top of ECIS). Contact the CDPHE Water Quality Control Division at (303) 692-3500. Erosion and Sediment Control Practices - For activities requiring a Construction Stormwater Permit, erosion control requirements will be specified through that permit. In those situations where a stormwater permit is not required, all reasonable measures should be taken in order to minimize erosion and sedimentation. In either case, the CDOT Stormwater Quality and Erosion Control Guide (2002) should be used to design erosion controls. Contact Information:: The CDOT Stormwater Quality and Erosion Control Guide may be obtained from the Bid Plans Office at (303) 757-9313 or from: http://www.dot.state.co.us/environmental/envWaterQual/wgms4.asg Disposal of Drilling Fluids - Drilling fluids used in operations such as Horizontal Directional Drilling may be classified as "discharges" or "solid wastes", and in general, should be pumped or vacuumed from the construction area, removed from the State Highway Right of Way, and disposed of at permitted facilities that specifically accept such wastes. Disposal of drilling fluids into storm drains, storm sewers, roadside ditches or any other type of man-made or natural waterway is prohibited by Water Quality Control and/or Solid Waste regulations. Small quantities of drilling fluid solids (less than 1 cubic yard of solids) may be left on -site after either being separated from fluids or after infiltration of the water, provided: 1) the drilling fluid consists of only water and bentonite clay, or, if required for proper drilling properties, small quantities of polymer additives that are approved for use in drinking water well drilling; 2) the solids are fully contained in a pit, and are not likely to pose a nuisance to future work in the area, 3) the solids are covered and the area restored as required by CDOT permit requirements (Utility, Special Use, or Access Permits, etc.). Contact Information: Contact the CDOT / CDPHE Liaison or CDOT Water Quality Program Manager. Concrete Washout - Waste generated from concrete activities shall NOT be allowed to flow into the drainage ways, inlets, receiving waters, or in the CDOT ROW. Concrete waste shall be placed in a temporary concrete washout facility. Concrete washout shall only be performed as specified by the CDOT Environmental Program and shall be in accordance to CDOT specifications and guidelines. Contact Information: Contact the CDOT Water Quality Program Manager at (303) 757-9343. Spill Reporting - Spills shall be contained and cleaned up as soon as possible. Spills shall NOT be washed down into the storm drain or buried. All spills shall be reported to the CDOT Illicit Discharge Hotline at (303) 512-4446 (4H20), as well as the Regional Permitting Office and Regional Maintenance Supervisor. Spills on highways, into waterways, or that may otherwise present an Colorado Department of Transportation Environmental Clearances Information Summary Page 2 of 3 ovemoer immediate danger to the public shall be reported by calling 911, and shall also be reported to the CDPHE at 1-(877)-518-5608. Transportation of Hazardous Materials - No person may offer or accept a hazardous material for transportation in commerce unles that person is registered in conformance with the United States Department of Transportation regulations at 49 CFR, Part 171. The hazardous material must be properly classed, described, packaged, marked, labeled, and in condition for shipment as required or authorized by applicable requirements, or an exemption, approval or registration has been issued. Vehicles requiring a placard, must obtain authorization and a State HAZMAT Permit from the Colorado Public Utilities Commission. Contact Information: For authorization and more info call the Federal Motor Safety Carrier Administration, US DOT for inter- and infra -state HAZMAT Registration (303) 969-6748. Colorado Public Utilities Commission: (303) 894-2868. Paleontology - The applicant must request a fossil locality file search through the University of Colorado Museum, Boulder, and the Denver Museum of Nature and Science to ascertain if paleontological resources have been previously identified. Inventory of the permit area by a qualified paleontologist may be necessary, per the recommendation of COOT. If fossils are encountered during the permitted work, all work in the subject area shall be halted and the CDOT Regional Permitting Office and Regional Planning and Environmental Manager shall be contacted immediately. Authorization must be provided by CDOT prior to the continuation of work. Additional guidance may be provided by the Regional Permitting Office in the Permit Special Provisions. Contact Information: Contact the CDOT Paleontologist at (303) 757-9632. Working on or in any stream or its bank - In order to protect and preserve the state's fish and wildlife resources from actions that may obstruct, diminish, destroy, change, modify, or vary a natural existing stream or its banks or tributaries, it may be necessary to obtain a Senate Bill 40 certification from the Colorado Department of Natural Resources. A stream is defined as 1) represented by a solid blue line on USGS 7.5' quadrangle maps; and/or 2) intermittent streams providing live water beneficial to fish and wildlife; and/or 3) segments of streams supporting 25% or more cover within 100 yards upstream or downstream of the project; and/or 4) segments of streams having wetlands present within 200 yards upstream or downstream of the project. The Colorado Division of Wildlife (CDOW) application, as per guidelines agreed upon by CDOT and CDOW, can be accessed at www.dotstate.co.us/environmental/wildlife/permitapplication asp. About This Form - Questions or comments about this Information Summary may be directed to Dahir Egal, CDOT Safety & Traffic Engineering, Utilities Unit, at (303) 757-9344, dahir.egall@dot.state.co.us Environmental Clearances Information Summary Page 3 of 3 Colorado Department of Transportation November'07 State Highway Access Permit 1 Attachment to Permit No. 409026 - Additional Terms and Conditions 1. If there are any questions regarding this permit, please contact Tim Bilobran at (970) 350-2163. 2. The Permittee shall refer to all additional standard requirements included with this permit and any enclosed additional terms, conditions, exhibits, and noted attachments. 3. Incorporated as part of this permit are the following: Application for Access Permit (CDOT Form No. 137) Permit (CDOT Form No. 101) and its two page attachment Exhibits: "A"- Access Plans "B"- Vicinity Map Three Design Waivers waiving required turn lanes. 4. This permit is issued in accordance with the State Highway Access Code (2 CCR 601-1), and is based upon the information submitted by the Permittee. This permit is only for the use and purpose stated in the Application and Permit. Any changes in traffic volumes or type, drainage, or other operation aspects may render this permit void, requiring a new permit to the be applied for based upon existing and anticipated future conditions. 5. Access construction methods and materials shall conform to the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction (current edition). 6. If necessary, minor changes, corrections and/or additions to this permit may be ordered by the Department inspector, other Department representative or local authority to meet unanticipated site conditions. Changes may not be in violation of the State Highway Access Code. All major changes to the plans must be approved in writing by the Department prior to commencement of any work on or within the State Highway right-of-way. All workers within the State Highway right-of-way shall comply with their employer's safety and health policies/procedures, and all applicable U.S. Occupational Safety and Health Administration (OSHA) regulations - including, but not limited to the applicable sections of 29 CFR Part 1910 - Occupation Safety and Health Standards and 29 CFR Part 1926 - Safety and Health Regulations for Construction. At a minimum, all workers in the State Highway right-of-way, except when in their vehicles, shall wear the following protective equipment: * Head protection that complies with the ANSI Z89-1-1997 standard; * At all construction sites or whenever there is a danger of injury to feet, protective footwear that complies with the ANSI Z41-1999 standard will be worn; * High visibility apparel as specified in the Traffic Control provisions of this permit (at a minimum, ANSI/ISEA 107-1999, Class 2). Where any of the above -reference ANSI standards have been revised, the most recent version of the standard shall apply. 7. This permit is subject to revocation due to: 1) Noncompliance with the provisions of this permit; 2) Abandonment; 3) Supersedure by new permit covering the same installation; or 4) Conflict with necessary planned highway construction and/or improvements. The Permittee shall promptly terminate occupancy State Highway Access Permit 2 Attachment to Permit No. 409026 - Additional Terms and Conditions upon notice of cancellation of the permit from the Department, unless a new permit is applied for an. granted. 8. Reconstruction and improvements to the access may be required when the Permittee has failed to meet the required design and/or material specifications. If any construction element fails within two years due to improper construction or material specifications, the Permittee is responsible for all such repairs. 9. The Department retains the right to perform any necessary maintenance work in this area. 10. Backing maneuvers within and into the State Highway right-of-way are strictly prohibited. All vehicles shall enter and exit the highway right-of-way in forward movement. Backing into the right-of-way shall be considered a violation of the terms and conditions of this access permit and may result in revocation of the permit by the Department and/or the issuing authority. 11. All costs associated with the maintenance of this access are the responsibility of the Permittee. This includes design, construction, signing and striping, utility relocation, testing of materials, and inspections. 12. Landscaping and site construction shall not obstruct sight distance at any State Highway access point. Landscaping within the State Highway right-of-way requires the Permittee to obtain a CDOT Landscaping Permit from the Traffic/Access Section. The access permit does not authorize that activity. Irrigation of features within the right-of-way may require the Permittee to install a subsurface drain in accordance with CDOT Standard M-605-1 or other approved system. The Permittee shall contact Linda McWilliams at tlip Greeley Traffic Office, (970) 350-2147 to obtain the Landscaping Permit. 13. Routine, periodic maintenance and emergency repairs may be performed within the State Highway right-of-way, under the general terms and conditions of the permit. Any significant repairs such as culvert replacement, resurfacing, or changes in design or specifications, will require written authorization from the Department. The Department shall be given proper advance notice whenever maintenance work will affect the movement or safety of traffic on the State Highway. In an emergency, the Department Region Office and the State Patrol shall immediately be notified of possible hazards. 14. If highway right-of-way fence exists or is proposed, the Permittee must contact Tim Bilobran at the Greeley Traffic Office, (970) 350-2163, prior to removal or installation. 15. The access shall be maintained as presently constructed. 16. Surfacing of the access shall be maintained as presently surfaced. 17. The access shall be maintained in a manner that will not cause water to enter onto the roadway, and will not interfere with the existing drainage system within the State Highway right-of-way. Drainage to the State Highway right-of-way shall not exceed historical rate of flow. 18. The maintenance of the access and/or further development of this property shall not negatively impact adjacent nearby properties. Correction of the problem and cost resulting from damages shall be borne by the Permittee.• • • State Highway Access Permit 3 Attachment to Permit No. 409026 - Additional Terms and Conditions • • • 19. The Department inspector may suspend any work due to: 1) Noncompliance with the provisions of this permit; 2) Adverse weather or traffic conditions; 3) Concurrent highway construction or maintenance in conflict with permit work; 4) Any condition deemed unsafe for workers or the general public. The work may be resumed upon notice from the Department inspector. 20. It is the responsibility of the Permittee to determine which environmental clearances and/or regulations apply to the project, and to obtain any clearances that are required directly for the appropriate agency prior to commencing work. Please refer to or request a copy of the "CDOT Environmental Clearance Information Summary" (ECIS) for details. The ECIS may be obtained CDOT Permitting Offices or may be accessed via the CDOT Planning/Construction-Environmental Guidance webpage at http://www.dot.state.co.us/environmental/Forms/asp. FAILURE TO COMPLY WITH REGULATORY REQUIREMENTS MAY RESULT IN SUSPENSION OR REVOCATION OF YOUR CDOT PERMIT, OR ENFORCEMENT ACTIONS BY OTHER AGENCIES. ALL discharges are subject to the provisions of the Colorado Water Quality Act and the Colorado Discharge Permit Regulations. Prohibited discharges include substance such as: wash water, paint, automotive fluids, solvents, oils or soaps. Unless otherwise identified by CDOT or the Colorado Department of Public Health and Environmental (CDPHE) Water Quality Control Division (WQCD) as significant sources of pollutants to the waters of the State, the following discharges to storm water systems are allowed without a Colorado Discharge Permit System Permit: landscape irrigation, diverted stream flows, uncontaminated ground water infiltration to separate storm sewers, discharges from potable water sources, foundation drains, air condition condensation, irrigation water, springs, footing drains, waterline flushing, flows from riparian habitats and wetlands, and flow from fire fighting activities. ANY OTHER DISCHARGES, including storm water discharges from industrial facility or construction sites, may require Colorado Discharge Permit System permits from CDPHE before work begins. For additional information and forms, go to the CDPHE website at: http://cdphe.state.co.us/wq/PermitsUnit/wqu. • • State Highway Special Use Permit 1 Attachment to Permit No. 4090149- - Additional Terms and Conditions 1. GENERAL 2. Please refer to this permit number in all communications and correspondence. • 3. The Permittee, his or her heirs, successors -in -interest, assigns, and occupants of the Utility/Construction/ Landscape/Special Use permitted by this permit shall be responsible for meeting the terms and conditions of this permit. 4. Before work begins, a certificate of insurance naming the Colorado Department of Transportation (CDOT) as an additional insured is required to be submitted to: CDOT Region 4 Utilities Permits 1420 2nd Street Greeley, CO 80631 Description should include this permit number. Insurance should be in effect through 2 -year warranty period from permit issue date and as long as installation exists in CDOT right-of-way. See attached Standard Terms 3.A through 3.H., inclusive. 5. READ ALL ADDITIONAL STANDARD REQUIREMENTS OF THIS PERMIT AND OTHER TERMS AND CONDITIONS ON THESE ATTACHED SHEETS. A COPY OF THIS PERMIT INCLUDING ALL TERMS AND CONDITIONS, MUST BE ON THE JOB SITE WITH TH� CONTRACTOR. Call for an inspection of forms at least one working day prior to placing any concrete. The Colorado Department of Transportation inspection is not an approval of the grade or alignment of the work. The contractor and/or engineer is responsible for the proper grade and alignment. Minor changes or additions may be ordered by the field inspector to meet field conditions. Any survey monuments or markers disturbed during the execution of this permit shall be repaired immediately at the expense of the Permittee. 6. NOTIFY THE DEPARTMENT OF TRANSPORTATION INSPECTOR * Mike Mount, AT [970] 768-7804* TWO WORKING DAYS BEFORE STARTING THE WORK OR RESUMING SUSPENDED WORK. 7. All work is to conform to the plans on file with the Colorado Department of Transportation or as modified by this Permit. (IF DISCREPANCIES ARISE, THIS PERMIT SHALL TAKE PRECEDENCE OVER THE PLANS). The Colorado Department of Transportation plan review is only for the general conformance with the Colorado Department of Transportation design and code requirements. The Colorado Department of Transportation is not responsible of the accuracy and adequacy of the design, of dimensions, and elevations which shall be confirmed and correlated at the job site. The Colorado Department of Transportation, through the approval of this document, assumes no responsibility other than stated above for the completeness and/or accuracy of the plans. 8. The contractor shall follow the applicable construction specifications set forth by the Department of Transportation in the latest manual, Standard Specifications for Road and Bridge Construction, the M & S ah Standards, and the M.U.T.C.D • • State Highway Special Use Permit 2 Attachment to Permit No. 4090149- - Additional Terms and Conditions 9. Any damage to any present highway facilities shall be repaired immediately and prior to continuing other work. Any mud or other material tracked or otherwise deposited on the roadway shall be removed daily or as ordered by the Inspector. 10. CDOT will determine the extent of inspection services for the work. A daily inspection may be done by the Colorado Department of Transportation from the time work begins inside the highway right-of-way until the job is completed and right-of-way restored to its original condition. 11. DRAINAGE, WATER QUALITY CONTROL, ENVIRONMENTAL 12. All disturbed landscaping is to be restored to original or better condition. 13. Areas of roadway and right-of-way disturbed during this installation shall be restored to insure proper drainage and erosion control. • 14. ALL discharges are subject to the provisions of the Colorado Water Quality Control Act and the Colorado Discharge Permit Regulations. Prohibited discharges include substances such as: wash water, paint, automotive fluids, solvents, oils or soaps. Unless otherwise identified by CDOT or the Colorado Department of Public Health and Environment (CDPHE) Water Quality Control Division (WQCD) as significant sources of pollutants to the waters of the State, the following discharges to storm water systems are allowed without a Colorado Discharge Permit System permit: landscape irrigation, diverted stream flows, uncontaminated ground water infiltration to separate storm sewers, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, footing drains; water line flushing, flows from riparian habitats and wetlands, and flow from fire fighting activities. However, construction activities may require a Construction Stormwater Permit. Contact the CDOT Water Quality Program Manager at 303-757-9343. ANY OTHER DISCHARGES may require Colorado Discharge Permit/s or separate permits from CDPHE or the appropriate agency before work begins. For additional information and forms, go to the CDPHE website at:http://www.cdphe.state.co.us/wq/PermitsUnit/wgcdpmt.html. 15. The Permittee is responsible for compliance with all Federal, State, and local environmental regulations, including the CDOT Region 6 Prairie Dog Policy. The Permittee should have a qualified environmental consultant on staff or hire a qualified environmental consulting firm to assess the proposed project area for potential environmental impacts and obtain any necessary permits prior to disturbance. Environmental impacts include, but are not limited to, wetlands, water quality, threatened or endangered flora and fauna, cultural resources including both archaeological and paleontological resources, and hazardous waste that can affect both human health and the natural environment. Should enforcement action(s) be taken by any agency with jurisdiction, liability for noncompliance with any environmental regulation is the sole responsibility of the Permittee. 16. TRAFFIC 17. Any construction equipment with outriggers shall use street pads. • 18. No open cuts will be allowed within 30 feet of the edge of the traveled way at night, on weekends, or on holidays. State Highway Special Use Permit 3 Attachment to Permit No. 4090149- - Additional Terms and Conditions 19. No Storage of Materials or equipment will be allowed within CDOT right-of-way 20. TRAFFIC CONTROL 21. No interference with traffic will be allowed after 12:00 Noon the day before a 3- or 4 -day holiday weekend, as listed under 108.07 of the Standard Specifications for Road and Bridge Construction. 22. The Permittee shall coordinate all traffic control operations with any special events in the area. The Permittee shall not schedule operations that interfere with traffic from 2 hours before until 2 hours after any such event. 23. Traffic control plans are to be reviewed and accepted before construction. 24. Two-way traffic must be maintained through the area at all times. 25. No equipment will be allowed in the main lanes of the roadway during construction. 26. No storage of materials or equipment will be allowed within 30 feet of the edge of traveled way. 27. Construction signs when not used, shall be turned away from the traffic. All work that requires traffic control shall be supervised and implemented by a Traffic Control Supervisor certified by the American Traffic Safety Services Association (ATSSA) or the Colorado Contractors Association (CCA). When flail" persons are required they shall be properly certified. 28. A certified Traffic Control Supervisor shall be on site at all times while construction traffic control is being utilized on the project. 29. Lane closures or work within clear zone shall not be allowed during inclement weather and/or when the roads are wet, snow covered or icy. If you have any questions regarding whether it is safe to set up traffic control or work, contact your CDOT inspector. 30. MAINTENANCE 31. Maintenance work may be done anytime within daylight hours as long as no interference to traffic is caused. 32. The Colorado Department of Transportation reserves the right to do any maintenance work necessary in this area. 33. MATERIALS 34. Disturbed right-of-way area, where applicable, must be top soiled, fertilized, mulched, and reseeded with Department of Transportation Specification grass seed mix, which meets specifications 35. The utility shall avoid disturbing or damaging all highway property, and shall be responsible for th• prompt reconstruction, alteration, repair, or maintenance of highway property, as necessary, to repair any • • State Highway Special Use Permit 4 Attachment to Permit No. 4090149- - Additional Terms and Conditions • • • damage caused by the accommodation of the utility, and to restore the highway to pre-existing or other conditions as may be specified in a permit or agreement authorizing the accommodation. • • •ee,1 e8:. feet CN❑S®E❑W) from. tri_L'u k' i) What is the approximate dale you intend to begin construction? COLORADO DEPARTMENT OF TRANSPORTATION STATE HIGHWAY ACCESS PERMIT APPLICATION Issuing authority application acceptance date: Instnici r,ns Please print or type - Contact the Colorado Department of Transportation (CDOT) or your local government to determine your issuing authority. - Contact ttte issuing authority to determine what plans and other documents are required to be submitted with your application. - Complete this form (some questions may not apply to you) and attach ail necessary documents and Submit it to the issuing authority. - Submit an application for each access affected. • If you have any questions contact the issuing authority. - for additional information see CDOT's Access Management website at MegeeseeereckQeeteleser .us/Acceeeiertnitateidex.telm i ) Property owner (Permit lee) Street address City. state& zip Phone* ',i.e. E-mail address j.ae:.te5628e aol • r.; :Ill: 2) Agent for perrrettee (if different from property owner) era s E . Ay:de r : r, Mailing address 6676 CR !i City, state & zip - [Phone* (required) Er.1.ee CL:_.o'carle fir.';] f: j .'C4:...c260 E-mail address if available 3t Address of pioperty to be served by permit (required) E725 ieR 3 lee Eerie,. ....: radii !i,!i1... 41 Legal description of property: If within jurisdictional limits of Municipality. city and/or County. which One? .:Conic Sllt.rh'+IS,Gl, WO ion section Lc, t a j 32 5) Whet Stake Highway are you requesting access from? 6) What side of the highway? Set e. Weld RE .2.S tuwlISMe.. railg•` Tti21•t F:CiBW ®N S FIE ED Vi 7 i How many feel is the proposed access from the nearest mile post? I How many feet is the proposed access'from the nearest cross street? feet ON ❑S❑EOW) from: `' 3 4'� 1j 9) Check more if you are requesting a Ejnew access []temporary access Iduralion anticipated. ®charnge in access use Dremoval of access improvement to existing access relocation of an existing access (provide detail, 111) Prnvuie existing property use i'x:r.t.!.ng Piro r::.t.), tr ei enee. Prot:.oseei expareeien i.t' exisr:.n.-f t-rsP•-:i 22? eor a l+uese farm. 11i j De you have knowledge of any State Highway access permits serving this property. or adjacent properties in which you have a property interest? Di. Dyes. dyes - what are the permit number( s) and provide copies' and!ur. permit dime 21 3 )+Ie6. the properly owner own or have any interests in ally adjacent property? Ono D yes. if yes pieace describe: t .r Ai,- time e othei existing o: dedicated public streets. loads highways or access easements bordering or within the property; [J no Q yes. if yes • list them on your plans and indicate the proposed and existing access points 141 !r gnu .n•.• I.:questing agricultural field access how many acres will the access solve? r er If von rot• ieguestrna ccrnnlel dal or industrial access please indicate the types and number of businesses and provide the floor area equate footage of each. business/land use square footage business square footage .�ee ... `.arm.. an'i ;;n:,o:: t-. rmis f aiiie;eerier Farm even e er. lia ems 1 24:: ate 16) If yui; ;a,.: t-•q,reshng resider dial developernent access what is the type (single family. apartment. townhouse) and number etun115') type number of units type 1 71 f'ievel tfe' rottuwuig vehi e eieret eeturnates he vehicles that will use the access Leaving the property then returning i:; two ;:outlts. _.. _..._... vnits.•C q AI p.:gcrr;iel a+15 ui i nut1�. hN. F , t: t': r '10.: is, roans i r n. I. r-..i. t �� lndir.o-,tE if •�,:1.0 :y �urxs .u'� �j.:k1.-01 � ., de... � e , n. Ie,k heir. eieeniee orEjaveraere rladle sums-; F{''1 . _.-_..r, ..i,:i..., •,I1t p.Iieht::1..ii nt.m _ ITotal count ofall vehicles .1. 62, Previous editions are obsolete and may not he used Page 1 of 2 COOT Form 1117 12104 It'.nnbc, of MIAs AFsI-14P1 �.j • 18) Check with the issuing authority to determine which of the following documents are required to complete the review of your application. • • a) Property map indicating other access, bordering roads and streets. hi Highway and driveway plan profile. c) Drainage plan showing impact to the highway right-of-way ri) Map and letters detailing utility locations before and after development in and along the right-of-way. el Subdivision, zoning, or development plan. f) Proposed access design. g) Parcel and ownership maps including easements. h) Traffic studies. it Proof of ownership. 1- It is the applicant's responsibility to contact appropriate agencies and obtain all environmental clearances that apply to their activities. Such clearances may include Corps of Engineers 404 Permits or Colorado Discharge Permit System permits, or ecological, archeological, historical or cultural resource clearances. The CDOT Environmental Clearances Information Summary presents contact information for agencies administering certain clearances, information about prohibited discharges, and may be obtained from Regional CDOT Utility/Special Use Permit offices or accessed via the COOT Planning/Construction-Environmental-Guidance webpage http://www.dot.state.co.us/environmental/Forms.asp. 2- All workers within the State Highway right of way shall comply with their employer's safety and health policies/ procedures, and all applicable U.S. Occupational Safety and Health Administration (OSHA) regulations - including, but not limited to the applicable sections of 29 CFR Part 1910 - Occupational Safety and Health Standards and 29 CFR Part 1926 - Safety and Health Regulations for Construction. Personal protective equipment (e.g. head protection, footwear, high visibility apparel, safety glasses, hearing protection, respirators, gloves, etc.) shall be worn as appropriate for the work being performed, and as specified in regulation. Al a minimum, all workers in the State Highway right of way, except when in their vehicles, shall wear the following personal protective equipment: High visibility apparel as specified in the Traffic Control provisions of the documentation accompanying the Notice to Proceed related to this permit (at a minimum, ANSI/ISEA 1074999, class 2); head protection that complies with the ANSI Z89.1-1997 standard; and at all construction sites or whenever there is danger of injury to feet, workers shall comply with OSHA's PPE requirements for foot protection per 29 CFR 1910.136. 1926.95, and 1926 96. If required, such footwear shall meet the requirements of ANSI Z41-1999. Where any of the above -referenced ANSI standards have been revised, the most recent version of the standard shall apply. 3- The Permittee is responsible for complying with the Revised Guidelines that have been adopted by the Access Board under the American Disabilities Act (ADA). These guidelines define traversable slope requirements and prescribe the use of a defined pattern of truncated domes as detectable warnings at street crossings. The new Standards Plans and can be found on the Design and Construction Project Support web page at: <http://www.dot.state.co.usiDesignSup.port/>, then click on Design Bulletins. If an access permit is issued to you, it will state the terms and conditions for its use. Any changes in the use of the permitted access not consistent with the terms and conditions listed on the permit may be considered a violation of the permit The applicant declares under penalty of perjury in the second degree, and any other applicable state or federal laws, that all information provided on this form and submitted attachments are to the best of their knowledge true and complete. I understand receipt of an access permit does not constitute permission to start access construction work. Apu ii '..iunat ire Print name 'Date JP��5 E ANE5o1J Aio(/ i7� D� If the licant is not the owner of the property, we require this application also to be signed by the property owner or their legally authorized representative (or other acceptable written evidence). This signature shall constitute agreement with this application by all owners -of -interest unless stated in writing. If a permit is issued, the property owner, in most cases, will he listed as the permittee. P,operiv Q1'111, signatur a F'rint name Dale Previous editions are obsolete and may not be used Page 2 of 2 CDOT Form #137 12/04 AP'5)444P2.- ' DELORME Vicinity Map for Access Permit #409026 Calkins Lake QUAILED 0 ooding e Hayfield e n . ..o4A99ett'-.- Inerriile(Cerh Data use subject to license. © 2005 DeLorme. Street Atlas USA® 2006. www.delorme.corn Site Location Parkland Street Atlas USA® 2006 OFitestone Evanston I FYgderick $o .BASELINE RDns EDm Scale 100,000 58 mi Data Zoom 11-0 • • • COLORADO DEPARTMENT OF TRANSPORTATION STATE HIGHWAY ACCESS CODE - DESIGN WAIVER Reg ion/Section/Patrol Ct o -r - gea io,u 4 Local Jurisdiction 4674 e--•00417-5/ State Highway No/Mp/Side 5 b4- 5. Z Permit No. (It approved) WHEN USED, THIS FORM SHALL BE ACCOMPANIED BY AN ACCESS PERMIT APPLICATION. 1. State specific reasons for this waiver request. Documents verifying statements should be provided with the request. State the specific sections of the State Highway Access Code from which this request seeks relief, (Additional sheets may be attached). If waiver Is temporary, state conditions which will change allowing the access to conform to the access code. If date is known when conformance can be achieved, provide that date. The "Anderson Farm TIS," May/2008, concluded that an eastbound left -turn deceleration/storage lane is required (SHAC, 3.8 (5) (a)]. This lane exists, but is substandard with regard to length. It cannot be extended due to lack of right-of-way as determined by information provided previously by JL Walter Consulting. NOTICE: Providing false information to a government agency is punishable as perjury in the second degree, as well as being punishable under any other applicable state or federal laws. This form submitted by (X) ITEMS BELOW THIS LINE ARE FOR OFFICE USE ONLY. 2. Recommendation of local government authority. When local government has issuing authority, this recommendation must be signed by an authorized offical. (provide written statement) 1 Date V CG4/66 /55 g Date (x) 3. Recommendation of region traffic and safety engineer or design engineer: (provide written statement) /J pr � , (x) `2,7 ( Date y�©/e! 4. Recommendation of the region access manager: (provide written statement) J �2co imvYu_ncf ,a9p val V\22. t.,13a{ Jell✓ ptro cstc�.�.t IL E 3 p Lath .ci r X/ `'f ea -r • FINAL Havin Hig (x) Copy distnbut' Date 3/014 7061 ON TAKEN BY THE REGION TRANSPORTATION DIRECTOR: ed this w w .r request and all materials attached, I hereby approve, U deny, this request for waiver from the design standards of the State nature shall be that of a registered professional engineer) 1. Region permit files 2. Staff Access Section. Date Previous editions are obsolete and may not COOT Form* 112 • • COLORADO DEPARTMENT OF TRANSPORTATION STATE HIGHWAY ACCESS CODE - DESIGN WAIVER Region/Section/Patrol C (toT - Rva fau 4 Local Jurisdiction We/. lb CovtirU State Highway No/Mp/Side 52 Permit No, (if approved) WHEN USED, THIS FORM SHALL BE ACCOMPANIED BY AN ACCESS PERMIT APPLICATION. 1. State specific reasons for this waiver request. Documents verifying statements should be provided with the request. State the specific sections of the State Highway Access Code from which this request seeks relief. (Additional sheets may be attached). if waiver is temporary, state conditions which will change allowing the access to conform to the access code. If date is known when conformance can be achieved, provide that date. The "Anderson Farm TIS," May/2008, concluded that a westbound right -turn deceleration lane is required [SHAC, 3.8 (5) Ib)]. This lane cannot be provided due to lack of right-of-way as determined by information provided previously by JL Walter Consulting. NOTICE: Providing false information to a government agency Is punishable as perjury in the second degree, as well as being punishable under any other applicable state or federal laws. This submitted by ") Date b6 -c t;xe862 / 3, 2a)8' ITEMS BELOW THIS LINE ARE FOR OFFICE USE ONLY. 2. Recommendation of local government authority. When local government has issuing authority, this recommendation must be signed by an authorized offical. (provide written statement) (x) Date 3. Recommendation of region traffic and safety engineer or design engineer: (provide written statement) /"7ddQ c (x) 977e(--sa____. D2te/J—p�,©24. Reco mmendation of the region access manager: (provide written statement) i\e-t_- v,.)a�A NIp co cad_ Kr.o,rr 2N rvleX\d a-Fp c 0 val. t 4 \10(0-s p 1 a.in niz_ci eerr-- (.0 KA-(e-8-c • �e� Z Date 3/2_4/0 9 FINAL ATI TAKEN BY THE REGION TRANSPORTATION DIRECTOR: HavInglivie d i . ^:Iverrequest and all Hi'.hway ess'od=.(s•n=ture •ai m• terials attached, I hereby approve, [) deny, this request for waiver from the design standards of the State t of q registered professional engineer) Date Copy distribution, required copies 1. ' -. on permi i ea \2. Staff Access Section. Previous editions are obsolete end may not be DOT Form R 112 8198 r�F(A) (4) COLORADO DEPARTMENT OF TRANSPORTATION STATE HIGHWAY ACCESS CODE - DESIGN WAIVER Region/Section/Patrol O>ST - 2Ga iv) 4 WHEN USED, THIS FORM SHALL BE ACCOMPANIED BY AN ACCESS PERMIT APPLICATION. 1. State specific reasons for this waiver request. Documents verifying statements should be provided with the request. State the specific sections of the State Highway Access Code from which this request seeks relief. (Additional sheets may be attached). If waiver is temporary, state conditions which will change allowing the access to conform to the access code. If date is known when conformance can be achieved, provide that date. Local Jurisdiction %(ia41:, C o o y 7Y State Highway No/Nip/Side S'14 sZ Permit No. (if approved) \\bt \Or0 The "Anderson Farm TIS," May/2008, concluded that a westbound right -turn acceleration lane is required [SHAC, 3.8 (5) (c)]. This lane cannot be provided due to lack of right-of-way as determined by information provided previously by JL Walter Consulting. NOTICE: Providing false information to a government agency Is punishable as perjury in the second degree, as well as being punishable under any other applicable state or federal laws. This form submitted by (x) ITEMS BELOW THIS LINE ARE FOR OFFICE USE ONLY. iDate bi&clAgibele "47(78 2. Recommendation of local government authority. When local government has Issuing authority, this recommendation must be signed by an authorized officat. (provide written statement) (x) Date 3. Recommendation of region traffic and safety engineer or design engineer: (provide written statement) Date --e 4. Recommendation of the region access manager: (provide written statement) w i7., \ICv p rOc� ck QUirn f\d 0 -.pp ,Z LI al . EV n 3 p\ a,n -d c )</Li . {x) f_ t,r FINAL CT! N TAKEN BY THE REGION TRANSPORTATION DIRECTOR: Ravin tthii aive request and all materials attached, i herebyp approve, p deny, this request for waiver from the design standards of the State Hig ay A. s de. (si ature shall be that of a registered professional engineer) Date Copy distribut , requir9d oopi 1. Region permit file 2. Staff Access Section. Previous editions are obsolete end may not be ed { T Form k 112 8/98 I I I I I I I I I • I • I I I I I I I I • ANDERSON FARMS TRAFFIC IMPACT STUDY WELD COUNTY, COLORADO MAY 2008 Prepared for: Anderson Farms 3528 Weld County Road 28 Longmont, CO 80504 Prepared by: DELICH ASSOCIATES 2272 Glen Haven Drive Loveland, CO 80538 Phone: 970-669-2061 FAX: 970-669-5034 I• I • • I. Introduction TABLE OF CONTENTS II. Existing and Proposed Conditions Proposed Uses Site Access Existing Traffic Existing Operation III. Trip Generation IV. Trip Distribution 8 V. Traffic Forecasts 9 Trip Assignment 9 Background Traffic 9 Total Traffic 9 Page 1 3 3 3 3 3 VI. Transportation Impacts Signal Warrants Geometry Operation IV. Recommendations 20 7 LIST OF TABLES Table 1. Current Peak Hour Operation 6 2. Trip Generation 7 3. Short Range (2012) Background Peak Hour Operation 18 4. Long Range (2030) Background Peak Hour Operation 18 5. Short Range (2012) Total Peak Hour Operation 19 6. Long Range (2030) Total Peak Hour Operation 19 15 15 15 17 Page • I 1 t • LIST OF FIGURES Figure Page 1. Site Location 2 2. Site Plan 4 3. Recent Peak Hour Traffic 5 4. Site Generated Peak Hour Traffic 10 5. Short Range (2012) Background Peak Hour Traffic 11 6. Long Range (2030) Background Peak Flour Traffic 12 7. Short Range (2012) Total Peak Hour Traffic 13 8. Long Range (2030) Total Peak Hour Traffic 14 9. Short Range (2012) and Long Range (2030) Geometry 16 APPENDIX A Recent Peak Hour Traffic B Current Peak Hour Operation C Signal Warrant Analysis D Auxiliary Lane Lengths E Short Range Background Traffic Operation F Long Range Background Traffic Operation G Short Range Total Traffic Operation H Long Range Total Traffic Operation I • • I. INTRODUCTION This traffic impact study (TIS) for Anderson Farms addresses the capacity, geometric, and traffic control requirements related to the proposed development. The Anderson Farms site is located in the north of SH52 and east of (adjacent to) WCR3i in Weld County, Colorado. The location of Anderson Farms is shown in Figure 1. This study conforms to a typical traffic impact study format. The study involved the collection of data, a review of developments and studies in the area, trip generation, trip distribution, trip assignment, and the operation analyses of the key intersections in the area. The operations analyses were performed for the existing conditions, the short range (2012) future, and the long range (2030) future. 1 I _ • I t I I I I 1 v O CC C c J a' C O a Anderson Farms t • _ SH 52 SITE LOCATION 1 SCALE: 1"=3000' 2 Figure 1 I • 1 II. EXISTING AND PROPOSED CONDITIONS Proposed Uses The land for this development is currently in agricultural use. The event venue currently exists at this site, but not to the size and extent as proposed. Figure 2 shows the site plan for Anderson Farms. The existing road system in the area of the proposed development consists of State Highway 52 (51152) and Weld County Road 33, (WCR34i). Land uses near Anderson Farms are primarily agricultural and residential. Anderso❑ Farms is proposed as a special event venue development. It was assumed that Anderson Farms would gain approval for the large event venue for the coming year. The short range analysis year is 2012. The CDOT 20 -year growth factors were considered in developing traffic forecasts at the key intersections. Site Access Access to the site is proposed via one existing entry access and one existing exist access along WCR3,. State Highway 52 has a two-lane cross section and has a posted speed of 55 mph. At the SH52/WCR341 intersection, SH52 has an eastbound left -turn deceleration lane and one through lane in each direction. The eastbound left -turn deceleration lane appears to be substandard in length. There is also an eastbound left -turn acceleration lane on SH52. The SH52/WCR34 intersection has stop sign control on WCR3'. Weld County Road 3kx currently has a two-lane cross section. At the SH52/WCR3. intersection, WCR3N has all movements combined in a single lane. The posted speed on WCR3'. is 35 mph. Existing Traffic Current Saturday peak hour (1:00-2:OOpm) traffic counts at the SH52/WCR3)1 intersection are shown in Figure 3. Peak hour traffic data was collected in April 2008. Raw traffic counts are provided in Appendix A. Existing Operation The existing Saturday peak hour operation at the SH52/WCR3, intersection is shown in Table 1. Calculation forms for these analyses are provided in Appendix B. The intersections were analyzed using the unsignalized intersection techniques from the 2000 Highway 1 3 1 • W. 1/16 Corner Sec 32-2-68 ev,S/ ,.4o 441,64 to op ess s EXISTING ACCESS (AG/OG) EXISTING ACCESS (AG/OG) L/) O N NJ 0 s m i i i i i Existing Access IN Existing "cces • I SITE PLAN 589'48'46"W 1086'± APPROX. SOIL TYPE - 4930 OP- BOUNDARY (TYPICAL) r O et k XIMATE LOCATION: UNNAMED DRAREAGE SLEW t„.7 (-PUMPKIN GREEK" J • • APPROXIMATE LIMITS OF COUNTY ROAD INTERNAL ROAD (TYP.)-\ 0 OIL/GAS FACIUTIE AUGHT POLE UTILITY POLES USED FOR PARKING STOPS SECONDARY PARKING AREA 1 J . INTERNAL ROAD (1).P.) 4940 GENERAL ELEVATION CONTOUR (TYPICAL) EXISTING FARM ACCESS ROAD TO REMAIN (TYP.) / / OIL/GAS FACIA mF� / / EXISTING FARM I ACCESS ROAD 7- TO REMAIN (TYP.) N 017 / / APPROX. SOIL TYPE BOUNDARY (TYPICAL) •r GENERAL ELEVATION CONTOUR (TYPICAL) N APPROXIMATE LOCATION: UNNAMED DRAINAGE SLEW ("M(IMPKIN CREEK') r N 1 t / It Figure 2 OIL/GAS` FACLMES 4 1 I I I I I I I I Ii I I I I I I I* I RECENT PEAK HOUR TRAFFIC Figure 3 346 a.- 1 —\ rt O 2 -� 323 0 f re Saturday Peak Hour SH 52 a N I 5 1 • I. I • 1 Capacity Manual. As shown in Table 1, the SH52/WCR3'-t intersection is currently operating at acceptable levels of service. Acceptable operation is defined as level of service (LOS) D or better, overall. A range of delay descriptions for each level of service category is also provided in Appendix B. TABLE 1 Current Peak Hour Operation Intersection Movement Level of Service Saturday 1:00-2:00pm SH52/WCR31/4 (stop sign) NB LT/T/RT C SB LT/T/RT B EB LT A WB LT/T/RT A 6 1 • I I • III. TRIP GENERATION Anderson Farms is a proposed special event venue development. Anderson Farms has "corn maze" related events in the fall. Other events are intended at other times of the year. The owner is seeking approvals for the expanded event venue. The Short range future was determined to be the year 2012. Trip generation is important in considering the impact of a development on the existing and proposed street system. Site generated traffic is customarily estimated using the standard generation rates and procedures consistent with those presented in Trip Generation, 7th Edition, which is prepared by the Institute of Traffic Engineers (ITE) and is nationally recognized. However, the proposed land use is not contained in the cited reference. Therefore, trip generation was determined using the number of people attending an event. Three different size events are proposed for Anderson Farms. The small event would involve 1200 persons per day (Saturday) and could occur throughout the year. A medium event would have up to 5000 persons per day (Saturday) in attendance. This event could occur approximately ten times per year. A large event would have up to 10,000 persons per day (Saturday) in attendance. A large event could occur approximately six times per year. Based upon data in previous years, Anderson Farms found that an average of four persons per vehicle was the vehicle occupancy rate for the events. Based upon information provided by the owner, it was assumed that approximately 40 percent of vehicles attending an event would arrive between the hours of 12:00pm and 4:00pm. Therefore, it was assumed that approximately 10 percent of vehicles attending an event would arrive in any given hour in this period (Saturday peak hour). It was assumed that the remaining vehicles would be evenly spaced over the remaining nine non -peak hours. Table 2 displays the trip generation for Anderson Farms development. The large event (10,000 people) will be used for analysis purposes. TABLE 2 Trip Generation Size MINE E Saturday 1T.00.4:00pm Saturday 11:30m►1230pgn Tops . hi OM 1q.. -Qa Small Event 1,200 people 600 30 30 20 20 Medum Event 5,000 people 2500 125 125 80 80 Large Event 10,000 people 5000 250 250 165 165 7 I • I I I I I I I I• I I I • IV. TRIP DISTRIBUTION Trip distribution for Anderson Farms was based on existing/future travel patterns, land uses in the area, and consideration of trip attractions/productions in the area. The existing roadways in the area also play a role in developing the trip distribution. The trip distribution for Anderson Farms was assumed to be 50 percent to/from the west and 50 percent to/from the east on SH52. 1 8 I I I I I I I• I I I I I • V. TRAFFIC FORECASTS Trip Assignment The trip assignment is how the generated and distributed trips are expected to be loaded on the roadway network. The site generated peak hour trip assignment for Anderson Farms is shown in Figure 4. Background Traffic The background traffic for the area streets was developed using the existing traffic counts performed at the study intersections. A review of the traffic growth rates from CDOT was conducted to determine the annual growth rates on the various streets/roads. Based upon these sources, it was determined that traffic volumes on SH52 and WCR3a are expected to grow at approximately 2.0 percent per year. Traffic growth on other roads is a function of development and, as such, would increase commensurate with other future development in the area_ For analysis purposes, it was assumed that a residential subdivision with 15 dwelling units will be south of the SH52/WCR3, intersection. Short range (2012) background peak hour traffic is shown in Figure 5. Long range (2030) background peak hour traffic is shown in Figure 6. Total Traffic The site generated traffic was combined with traffic to determine the total forecasted traffic for Short range (2012) total peak hour traffic is shown in range (2030) total peak hour traffic is shown in Figure the background the study area. Figure V. Long 8. I 9 I . I I I I I I I I. I I I I I I I co Q' O NOM 250 OUT O cV In to N CV IC 125 IN 125 Saturday Peak Hour SH 52 N SITE GENERATED I PEAK HOUR TRAFFIC Figure 4 I 10 1 1 1 I 1 375 4 co 2' 2 350 4 M m M O z Saturday Peak Hour SH 52 N °SHORT RANGE (2012) BACKGROUND I PEAK HOUR TRAFFIC Figure 5 11 I. I I I I I I I I. I I I I I I I 2 in o oz )� R t 5 -0-- 500 IC 5 10 -' 535 --S- 5 O Z Saturday Peak Hour Rounded to Nearest 5 Vehicles SH 52 N • WONG RANGE (2030) BACKGROUND I PEAK HOUR TRAFFIC Figure 6 12 I 1 I. 1 1 1 1 1 1 I. I I I I I I I f° O ft U NOM 250 f OUT IN g "-127 0 N -•••-- 350 lc 4 130 375 4 itry --01- Saturday Peak Hour SH 52 S N SHORT RANGE (2012) TOTAL I PEAK HOUR TRAFFIC Figure 7 I 13 1 1 1 1 1 i 1 1 1 I. 1 1 1 1 1 1 N.. 02 1Nz 1 t It NOM 250 OUT IN v g c' '130 z � 1 � -�— 500 5 135 535 5-\\ Saturday Peak Hour Rounded to Nearest 5 Vehicles SH 52 S N • *ONG RANGE (2030) TOTAL I PEAK HOUR TRAFFIC Figure 8 1 14 1 1 I. 1 1 1 Ile I VI. TRANSPORTATION IMPACTS Signal warrant, geometric, and operational analyses of the key intersections were conducted using the short range (2012) and long range (2030) traffic forecasts shown in Figures 5-8. Signal Warrants As a matter of policy, traffic signals are not installed at any location unless warrants are met according to the Manual on Uniform Traffic Control Devices (MUTCD). There are eight signal warrants in the MUTCD. The peak hour warrant is the one that is the easiest to predict in a transportation impact study, since these are the analysis periods that are typically included in a transportation impact study. While a peak hour signal warrant would not be used to warrant a signal at the subject intersections, it would give a reasonable indication whether other signal warrants would be met. Using the short range (2012) total traffic forecasts, peak hour signal warrants will likely be met at the SH52/WCR3', intersection. A traffic signal is not recommended, since this is based upon the event traffic at this intersection. A signal should only be considered if/when other signal warrants are met during a normal day. Traffic should be monitored to determine if/when other signal warrants are met. Signal warrant analyses are provided in Appendix C. Geometry The auxiliary lanes at all intersections were evaluated using the State Highway Access Code, 2002. For this evaluation SH52 was categorized as RA highways. Short range (2012) and long range (2030) intersection geometry is shown in Figure 9. Eastbound left -turn and westbound right -turn deceleration lanes and a westbound right -turn acceleration lane are required at the SH52/WCR3'4 intersection. The eastbound left -turn deceleration lane already exists, but is substandard in length. It is noted that these auxiliary lanes are required for all hours of a large event day and the peak hours of a medium event day. At the assumed size of the residential development to the south, auxiliary lanes are not required to serve the south side of SH52. An eastbound right -turn acceleration lane exists at this intersection. This acceleration lane was built to handle the existing truck traffic at this intersection. Appendix D contains a graphic that shows the auxiliary lane lengths according to the State Highway Access Code. 15 I • I I I I I I I I. I I I I en 0 OUT / IN Exists - Denotes Lane Exists SH 52 as N ',SHORT RANGE (2012) AND LONG RANGE (2030) GEOMETRY Figure 9 16 Operation Table 3 shows the peak hour operation at the SH52/WCR3;1 intersection using the short range (2012) background peak hour traffic. Calculation forms are provided in Appendix E. The SH52/WCR341 intersection will operate at acceptable levels of service. Table 4 shows the peak hour operation at the SH52/WCR3'4s intersection using the long range (2030) background peak hour traffic. Calculation forms are provided in Appendix F. The SH52/WCR3' intersection is expected to operate acceptably. Table 5 shows the peak hour operation at the key intersections for the short range (2012) total peak hour traffic. Calculation forms are provided in Appendix G. The key intersections are expected to operate acceptably. Table 6 shows the peak hour operation at the key intersections using the long range (2030) total peak hour traffic. Calculation forms are provided in Appendix H. The key intersections are expected to operate acceptably. 17 • TABLE 3 Short Range (2012) Background Peak Hour Operation Intersection Movement Level of Service Saturday 1:00-2:OOpm SH52/WCR3% (stop sign) _ NB LT/T/RT B SB LT/T/RT B EB LT A WB LT A IS i TABLE 4 Long Range (2030) Background Peak Hour Operation Intersection Movement Level °f Service Saturday 1:01-2::OOpm SH52JWCR3% (stop sign) NB LT/T/RT C SB LT/T/RT B EB LT A WB LT A 18 t I • 1 I • TABLE 5 Short Range (2012) Total Peak Hour Operation Intersection Movement Level of Service Saturday 1:00-2:00pm C SH52/WCR3'% (stop sign) NB LT/T/RT SB LT/T/RT D EB LT A WB LT A WCR31/4/Site Access (stop sign) WB LT/RT A TABLE 6 Long Range (2030) Total Peak Hour Operation Intersection Movement Level of Service Saturday :00-2 00pm SH52/WCR3'% (stop sign) NB LT/T/RT C SB LT/T/RT 0 EB LT A WB LT A WCR3'%/Site Access (stop sign) WB LT/RT B 19 1 I I 1 • 1 1 1 I. VII. RECOMMENDATIONS This study assessed the transportation impacts associated with Anderson Farms, located in the north of SH52 and east of (adjacent to) WCR33'< in Weld County, Colorado. Anderson Farms is expected to generate 2500 daily trip ends and 500 Saturday peak hour trip ends. Using the short range (2012) total traffic forecasts, peak hour signal warrants will likely be met at the SH52/WCR3'-a intersection. A traffic signal is not recommended based upon the event traffic at this intersection. Traffic signals should not be installed until/unless other signal warrants have been met, based upon the result of a signal warrant study. In the short range (2012) future with background SH52/WCR34 intersection will operate acceptably. In the long range (2030) future with background SH52/WCR3i intersection will operate acceptably. In the short range (2012) future with development Farms, the key intersections will operate acceptably. In the long range (2030) future with full development of Farms, the key intersections will operate acceptably. Figure 9 shows the short range (2012) and long range (2030) geometry. traffic, the traffic, the of Anderson Anderson 20 I I I I I I I I I • I. I I I I I I I I APPENDIX A I F co) t 0 Q CI cc N ' aka 5 d.o = W J HJ 1 CO I 0 U W —J x w J LL 0 tl� N a J m F- Observer: Carl Jurisdiction: Weld County T OD O P �= N N 'e w co a 0 SH52/WCR 3114 C 0 d us Y O E L tU c N II II cc to Total All V1 00 T— O 00 O t T CO lea r 00 CO !- 'Q I- !4 h CD r a0 U) r Total east/west CO CO r CO f• r CO co r tf! co r C.4 co r r ,- 44 N t0 r 1 _ 157 N IA t to ii C J F CO 87 A 2 A Ot 2 2 le O O re- N O r 0 y U) GD Ii W �V to n .- � O) rn N- O 1000000 O O Eastbound: S)152 F O 0 Ot 73 CD C 000'— 00 0 0 -J N — .- .- 0) 0 — O Total north/south 5 4 2 3 1 3 e) T Southbound: WCR 3114 oin N. 4 1 N 3 r CO E r LC N N N N O r r 0 t0 o 0 0 0 0 0 0 0 J— N 0 r r N N r - Northbound: WCR 3 1/4 I f, H N O O O O O O 0 W 0 0 0 0 0 0 0 0 CO 0 0 0 0 0 0 0 0 J N 0 0 0 0 0 0 0 Time Begins O r O r pO' r r O tV r N f7 tV N r t0 CO CO 0)) O N O cn O N V 0 N LO O O O N O N O W x O. I I I I I I i• I I I I I I i• 1 APPENDIX B I 3 3: SH 52 & WCR 3 1/4 HCM Unsignalized Intersection Capacity Analysis Recent Saturday 5/27/2008 -, -i 1<4- • 4\ t t id Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations vi 'p 4) 4) 4, Sign Control Free Free Stop Stop Grade 0% 0% 0% 0% Volume (veh/h) 5 346 1 0 323 2 2 0 0 4 0 8 Peak Hour Factor 0.91 0.91 0.91 0.93 0.93 0.93 0.85 0.85 0.85 0.85 0.85 0.85 Hourly flow rate (vph) 5 380 1 0 347 2 2 0 0 5 0 9 Pedestrians Lane Width (ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type Raised Raised Median storage veh) 0 1 Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 349 381 750 741 381 740 741 348 vC1, stage 1 conf vol 392 392 348 348 vC2, stage 2 conf vol 358 349 391 392 vCu, unblocked vol 349 381 750 741 381 740 741 348 tC, single (s) 4.1 4.1 7.1 6.5 6.2 7.1 6.5 6.2 tC, 2 stage (s) 6.1 5.5 6.1 5.5 tF (s) 2.2 2.2 3.5 4.0 3.3 3.5 4.0 3.3 p0 queue free % 100 100 99 100 100 99 100 99 cM capacity (veh/h) 1209 1177 326 326 666 447 438 695 Direction, Lane # EB 1 EB 2 WB 1 NB 1 SB 1 Volume Total 5 381 349 2 14 Volume Left 5 0 0 2 5 Volume Right 0 1 2 0 9 cSH 1209 1700 1177 326 587 Volume to Capacity 0.00 0.22 0.00 0.01 0.02 Queue Length 95th (ft) 0 0 0 1 2 Control Delay (s) 8.0 0.0 0.0 16.1 11.3 Lane LOS A C B Approach Delay (s) 0.1 0.0 16.1 11.3 Approach LOS C B Intersection Summary Average Delay 0.3 Intersection Capacity Utilization 28.3% ICU Level of Service A Analysis Period (min) 15 Synchro 6 Light Report Matthew J. Delich , P. E. Page 1 I 4 1 1 i 1 1 1 10 1 1 1 1 i • UNSIGNALIZED INTERSECTIONS Level-of-Sen'ice A (2 I) Average Total Delay ——see/yell 10 > I0and <IS > 15and <25 > 25 and < 35 >35and <50 1 S I I I I I I I I I • 10 I I I I I I 1 • APPENDIX C o O) E LANES w OR MOF & 1 LANE JE & 1 LAI cn w g E LANES J `' w cc 0 re OR MOR O N tV LO 0 O CO 0 O N O O S r a CNJ J m 0 0 CO 0 O N r O 0 o a > I N r co = N O TI3 Q `o2 8 , mw a d = ._U) I> > n'5 o O� >>ao COD -45>o. ' LL Q m n O m E U 33 o J 1.L t mil') o Qw °' fit; o i—a. O3 NC O (0;07E w o 0 ' J m E o o W= N O N Is' w n I> at? O N a3o O -5L in N Q 'DT 92 .„--:ii 14ca-- 2 z"` g 0 0 M SHORT RANGE TOTAL PEAK HOUR WARRANT AT SH 52/WCR 3 1/4 MINOR STREET APPROACH - VPH 7 I I I I I I I I 1 1• i APPENDIX D I I I I I I I I I I I I I • a r CC OUT i IN 600' incl. 18.5:1 Taper 960' incl. 18.5:1 Taper/ 735' incl. 18.5:1 Taper - Denotes Lane • • li AUXILIARY LANE LENGTHS PER SHAC I 9 SH 52 960' incl. 18.5:1 Taper Us - at N I I I I I I I I I I 1 1• 1 APPENDIX E I /0 3: SH 52 & WCR 3 1/4 HCM Unsignalized Intersection Capacity Analysis 1 I I I. 1 I I I I • Short Bkgrd Saturday 5/22/2008 f -+ • ~ \ 1 t r \* 1 I Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations 1 T• 4, 4. 4, Sign Control Free Free Stop Stop Grade 0% 0% 0% 0% Volume (veh/h) 5 375 4 4 350 2 3 0 3 4 0 9 Peak Hour Factor 0.85 0.91 0.85 0.85 0.93 0.85 0.85 0.85 0.85 0.85 0.85 0.85 Hourly flow rate (vph) 6 412 5 5 376 2 4 0 4 5 0 11 Pedestrians Lane Width (ft) Walking Speed (f /s) S4M& A5 .4 N7eb Percent Blockage Right turn flare (veh) Median type Nhaised Raised Median storage veh) 0 1 Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 379 417 824 814 414 814 815 378 vC1, stage 1 conf vol 426 426 387 387 vC2, stage 2 conf vol 398 388 427 429 vCu, unblocked vol 379 417 824 814 414 814 815 378 tC, single (s) 4.1 4.1 7.1 6.5 6.2 7.1 6.5 6.2 tC, 2 stage (s) 6.1 5.5 6.1 5.5 tF (s) 2.2 2.2 3.5 4.0 3.3 3.5 4.0 3.3 p0 queue free % 100 100 99 100 99 99 100 98 cM capacity (veh/h) 1180 1142 303 306 638 413 411 669 Direction, Lane # EB 1 EB 2 WB 1 NB 1 SB 1 Volume Total 6 417 383 7 15 Volume Left 6 0 5 4 5 Volume Right 0 5 2 4 11 cSH 1180 1700 1142 411 562 Volume to Capacity 0.00 0.25 0.00 0.02 0.03 Queue Length 95th (ft) 0 0 0 1 2 Control Delay (s) 8.1 0.0 0.1 13.9 11.6 Lane LOS A A B B Approach Delay (s) 0.1 0.1 13.9 11.6 Approach LOS B B Intersection Summary Average Delay 0.5 Intersection Capacity Utilization 31.7% ICU Level of Service A Analysis Period (min) 15 Synchro 6 Light Report Matthew J. Delich , P. E. Page 1 /1 t to t APPENDIX F 1 (d 3: SH 52 & WCR 3 1/4 HCM Unsignalized Intersection Capacity Analysis I I 1 I I I Long Bkgrd Saturday 5/22/2008 j -PP 7 ! t 1 t P b 1 J Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations ►j j. 4. 4. 44 Sign Control Free Free Stop Stop Grade 0% 0% 0% 0% Volume (veh/h) 10 535 5 5 500 5 5 0 5 5 0 15 Peak Hour Factor 0.85 0.95 0.85 0.85 0.95 0.85 0.85 0.85 0.85 0.85 0.85 0.85 Hourly Flow rate (vph) 12 563 6 6 526 6 6 0 6 6 0 18 Pedestrians Lane Width (ft) Walking Speed (ft/s) SAME AS ?Ai A)re; n Percent Blockage Right tum flare (veh) Median type Raised Raised Median storage veh) 0 1 Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 532 569 1148 1134 566 1134 1134 529 vC1, stage 1 conf vol 590 590 541 541 vC2, stage 2 conf vol 559 544 593 593 vCu, unblocked vol 532 569 1148 1134 566 1134 1134 529 tC, single (s) 4.1 4.1 7.1 6.5 6.2 7.1 6.5 6.2 tC, 2 stage (s) 6.1 5.5 6.1 5.5 tF (s) 2.2 2.2 3.5 4.0 3.3 3.5 4.0 3.3 p0 queue free % 99 99 97 100 99 98 100 97 cM capacity (veh/h) 1035 1003 222 237 524 307 319 549 Direction, Lane # EB 1 EB 2 WB 1 NB 1 SB 1 Volume Total 12 569 538 12 24 Volume Left 12 0 6 6 6 Volume Right 0 6 6 6 18 cSH 1035 1700 1003 312 459 Volume to Capacity 0.01 0.33 0.01 0.04 0.05 Queue Length 95th (ft) 1 0 0 3 4 Control Delay (s) 8.5 0.0 0.2 17.0 13.3 Lane LOS A A C B Approach Delay (s) 0.2 0.2 17.0 13.3 Approach LOS C B Intersection Summary Average Delay 0.6 Intersection Capacity Utilization 40.6% ICU Level of Service A Analysis Period (min) 15 Synchro 6 Light Report Matthew J. Delich , P. E. Page 1 I I I I I I I • I I I I I I. I APPENDIX G I /4 3: SH 52 & WCR 3 1/4 HCM Unsignalized Intersection Capacity Analysis Short Total Saturday 5/16/2008 1 I r I I • I I I I • Movement Lane Configurations Sign Control Grade Volume (veh/h) Peak Hour Factor Hourly flow rate (vph) Pedestrians Lane Width (ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type Median storage veh) Upstream signal (ft) pX, platoon unblocked vC, conflicting volume vC1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol tC, single (s) tC, 2 stage (s) tF (s) p0 queue free % cM capacity (veh/h) Direction, Lane # Volume Total Volume Left Volume Right cSH Volume to Capacity Queue Length 95th (ft) Control Delay (s) Lane LOS Approach Delay (s) Approach LOS Intersection Summary Average Delay Intersection Capacity Utilization Analysis Period (min) 7 EBL EBT EBR WBL Free 0% 130 375 4 4 0.95 0.95 0.85 0.85 137 395 5 5 4- t WBT WBR NBL NBT NBR SBL SBT SBR d r Free Stop 0% 0% 350 127 3 0 0.95 0.95 0.85 0.85 368 134 4 0 T 3 0.85 4 129 0.95 136 4, Stop 0% 0 0.95 0 S,4,ut: AS ?A t Arreo Raised Raised 0 1 134 0.95 141 502 399 1190 1182 397 1050 1051 368 671 671 378 378 519 512 672 673 502 399 1190 1182 397 1050 1051 368 4.1 4.1 7.1 6.5 6.2 7.1 6.5 6.2 6.1 5.5 6.1 5.5 2.2 2.2 3.5 4.0 3.3 3.5 4.0 3.3 87 100 98 100 99 54 100 79 1062 1159 151 191 652 293 300 677 EB1 E62 WB1 WB2 NB1 SB1 137 399 373 134 7 277 137 0 5 0 4 136 0 5 0 134 4 141 1062 1700 1159 1700 245 413 0.13 0.23 0.00 0.08 0.03 0.67 11 0 0 0 2 119 8.9 0.0 0.1 0.0 20.1 29.8 A A C D 2.3 0.1 20.1 29.8 C D 7.3 67.7% 15 ICU Level of Service C Matthew J. Delich , P. E. Synchro 6 Light Report Page 1 /S 6: Site Access & WCR 3 1/4 HCM Unsignalized Intersection Capacity Analysis I I I I I I I I I I I I Short Total Saturday 5/22/2008 Movement Lane Configurations ►fir t Sign Control Stop Free Free Grade 0% 0% 0% Volume (veh/h) 250 0 7 0 0 13 Peak Hour Factor 0.95 0.95 0.85 0.95 0.85 0.85 Hourly flow rate (vph) 263 0 8 0 0 15 Pedestrians Lane Width (ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type None Median storage veh) Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 24 8 8 vC1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol 24 8 8 tC, single (s) 6.4 6.2 4.1 tC, 2 stage (s) tF (s) 3.5 3.3 2.2 p0 queue free % 73 100 100 cM capacity (veh/h) 993 1074 1612 Direction, Lane # WB 1 NB 1 SB 1 Volume Total 263 8 15 Volume Left 263 0 0 Volume Right 0 0 0 cSH 993 1700 1700 Volume to Capacity 0.27 0.00 0.01 Queue Length 95th (ft) 27 0 0 Control Delay (s) 9.9 0.0 0.0 Lane LOS A Approach Delay (s) 9.9 0.0 0.0 Approach LOS A Intersection Summary Average Delay 9.1 Intersection Capacity Utilization 23.9% ICU Level of Service A Analysis Period (min) 15 C t t t` j WBL WBR NBT NBR SBL SBT Synchro 6 Light Report Matthew J. Delich , P. E. Page 1 I AC I I I I I i • I I I I I I le APPENDIX H I '7 1 1 I I t 1 S I. I • 3: SH 52 & WCR 3 1/4 HCM Unsignalized Intersection Capacity Analysis 5/16/2008 Long Total Saturday Movement EBL EBT EBR WBL WBT WBR NBL 1' 4. Free Free Stop 0% 0% 0% 130 375 4 4 350 127 3 0 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 137 395 4 4 368 134 3 0 t NBT P NBR SBL 1 SBT SBR 4. Stop 0% 0 0.95 0 41 Lane Configurations Sign Control Grade Volume (veh/h) Peak Hour Factor Hourly flow rate (vph) Pedestrians Lane Width (ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type Median storage veh) Upstream signal (ft) pX, platoon unblocked vC, conflicting volume vC1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol tC, single (s) tC, 2 stage (s) tF (s) p0 queue free % cM capacity (veh/h) Direction, Lane # Volume Total Volume Left Volume Right cSH Volume to Capacity Queue Length 95th (ft) Control Delay (s) Lane LOS Approach Delay (s) Approach LOS Intersection Summary Average Delay Intersection Capacity Utilization Analysis Period (min) Raised 0 3 0.95 3 129 0.95 136 S4,as A -s PALu t- elm Raised 1 134 0.95 141 502 399 1188 1181 397 1048 1049 368 671 671 377 377 518 511 672 673 502 399 1188 1181 397 1048 1049 368 4.1 4.1 7.1 6.5 6.2 7.1 6.5 6.2 6.1 5.5 6.1 5.5 2.2 2.2 3.5 4.0 3.3 3.5 4.0 3.3 87 100 98 100 100 54 100 79 1062 1160 151 191 653 294 301 677 EB1 EB2 WB1 WB2 NB1 SB1 137 137 0 1062 0.13 11 8.9 A 2.3 399 0 4 1700 0.23 0 0.0 373 4 0 1160 0.00 0 0.1 A 0.1 7.2 67.7% 15 134 0 134 1700 0.08 0 0.0 6 277 3 136 3 141 246 413 0.03 0.67 2 119 20.0 29.7 C D 20.0 29.7 C D ICU Level of Service C Synchro 6 Light Report Matthew J. Delich , P. E. Page 1 /o 6: Site Access & WCR 3 1/4 HCM Unsignalized Intersection Capacity Analysis Long Total Saturday 5/22/2008 < < t t `► 1 Movement WBL WBR NBT NBR SBL SBT I I I I I I I* I I I I I I I • I Lane Configurations + f Sign Control Stop Free Free Grade 0% 0% 0% Volume (veh/h) 250 0 15 0 0 20 Peak Hour Factor 0.95 0.95 0.95 0.95 0.95 0.95 Hourly flow rate (vph) 263 0 16 0 0 21 Pedestrians Lane Width (ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type None Median storage veh) Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 37 16 16 vC1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol 37 16 16 tC, single (s) 6.4 6.2 4.1 tC, 2 stage (s) tF (s) 3.5 3.3 2.2 p0 queue free % 73 100 100 cM capacity (veh/h) 976 1063 1602 Direction, Lane # WB 1 NB 1 SB 1 Volume Total 263 16 21 Volume Left 263 0 0 Volume Right 0 0 0 cSH 976 1700 1700 Volume to Capacity 0.27 0.01 0.01 Queue Length 95th (ft) 27 0 0 Control Delay (s) 10.0 0.0 0.0 Lane LOS B Approach Delay (s) 10.0 0.0 0.0 Approach LOS B Intersection Summary Average Delay 8.8 Intersection Capacity Utilization 23.9% ICU Level of Service A Analysis Period (min) 15 Synchro 6 Light Report Matthew J. 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