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HomeMy WebLinkAbout20081289.tiff (g MEMORANDUM • VI`P� TO: Clerk to the Board DATE: April 7, 2008 COLORADO FROM: Hannah Hippely SUBJECT: 2ndAMUSR-1405 Schedule Conditions of approval which were required to be completed prior to scheduling the Board of County Commissioners hearing for this case have been satisfied. Please schedule this case for a hearing. Thank you. • • EXHIBIT Il6 2008-1289 ad Am to 2#14x5 Hannah Hippely rom: Don Dunker nt: Monday, March 31, 2008 7:50 AM Hannah Hippely Cc: David Bauer; Don Dunker; Donald Carroll Subject: 2nd AmUSR-1405 Aurora Dairy Corporation Hi Hannah, The Aurora Dairy Corporation ditch agreement with Sekich #3 Ditch Company entered into on March 11, 2008 is acceptable. A BOCC hearing can be scheduled. Thanks, Don Dunker, P.E. Weld County Public Works 1111 H Street Greeley, CO 80631 phone: 970.304.6496 ext. 3749 fax: 970.304.6497 ddunker@co.weld.co.us • • 1 AGREEMENT TO ALLOW DISCHARGE OF SURFACE DRAINAGE WATER INTO • SEKICH#3 DITCH Skikrok THIS AGREEMENT is entered into this i(fki, day of February, 2008, by and between The Donna L. Sekich Trust(Donna L. Sekich,Trustee), Fred M. Sekich Trust A (Donna L. Sekich, Trustee), Donna L. Sekich, Nick Sekich, Jr., and Karen S. Sekich hereinafter collectively called ("Sekich"),whose address is do Nick Sekich, 6790 WCR 32, Platteville, CO 80651, and Aurora Dairy Corporation ("ADC"), whose address is 1401 Walnut Street, Suite 500, Boulder, CO 80302. WITNESSETH WHEREAS,Sekich owns, has an easement for or otherwise has the right of use of a ditch flowing in a generally Northwest to Southeast direction in the North One Half(N1/2) of Section Thirty (30), Township Three (3) North, Range Sixty-seven (67) West of the 6' P.M., Weld County, Colorado, which ditch is known as the Sekich#3 Ditch ("Ditch"); and WHEREAS, said Ditch is located upon property of ADC and/or its subsidiary which property is described as Lot A of RE-4654 being part of the North East One Quarter (NE1/4)of Section Thirty(30),Township Three (3) North, Range Sixty-seven(67)West of the 6th P.M., Weld County, Colorado, ("ADC Property'); and WHEREAS, ADC is in the process of seeking approval of a Second Amended Use • by Special Review-1405 for a milk processing plant and facility located upon ADC's Property; and WHEREAS, ADC desires to discharge storm water runoff from the ADC Property into said Ditch; NOW, THEREFORE, in consideration of the execution of this Agreement and in consideration of the covenants contained herein and other valuable consideration, the parties mutually agree as follows: 1. The above recitals are incorporated herein by reference. 2. Sekich grants to ADC the non-exclusive right to discharge surface storm water runoff accumulations from a 1.6 acre drainage area into the Ditch. The 1.6 acre drainage area and point of discharge are located on the ADC Property South of State Highway 66 and North of the Ditch. 3. The discharge structure ("Improvements")as described hereinafter shall be maintained in a permanent open position to allow the discharge of drainage water into the Ditch. • notice to ADC,terminate this Agreement,and,at ADC expense, remove the Improvements so that no water can be discharged into the Ditch and/or Sekich may seek other remedies as may be appropriate. 10. This Agreement is perpetual unless and until it is terminated or revoked pursuant to terms and provisions recited in this Agreement. Failure by ADC or Sekich to enforce any or all provisions of this Agreement at any time does not, and shall not,operate as a waiver or estoppel. 11. Sekich shall have full power to access, operate, maintain, enlarge, lease or otherwise clean and manage the Ditch and appurtenances as if this Agreement had not been made. In the event, however, that any such action on the part of Sekich could reasonably be expected to affect the Improvements, Sekich agrees to give prior notice to ADC and to cooperate with ADC to avoid damage to those Improvements. 12. As consideration for this Agreement,ADC shall pay to Sekich the sum of Five Hundred Dollars ($500.00) upon execution of this Agreement. 13. This Agreement and all of its terms and conditions shall be binding upon and extend to the heirs, successors and assigns of each of the parties hereto. This Agreement shall be appurtenant to and run with the title to the land hereinabove described and referred to as Lot A of RE-4654 and to the Sekich Property described as: A parcel of land located in the Northwest one-quarter of Section 29, T3N, R67W of the 6 P.M., Weld County, Colorado, being more particularly described as follows: • Beginning at a point on the west line of the Northwest one-quarter of said Section 29,whence the Northwest corner bears North 00°09'33"East 40.00 feet;thence along the South right-of-way line of State Highway Number 66 (recorded in Book 1490 at Page 283) South 89°16'24" East 330.60 feet;thence South 80°27'2"West 968.23 feet;thence North 88°57'19"West 325.70 feet to a point on the west line of the Northwest one-quarter of said Section 29;thence along said line North 00°09'33" East 96.46 feet to the point of beginning containing 7.287 acres more or less. 14. Any notice required or permitted hereunder shell be deemed effective when deposited in the U.S. Mail, first class postage prepaid, to the parties at the following addresses: To Sekich: do Nick Sekich 6790 WCR 32 Platteville, CO 80651 411 4. The Improvements shall be constructed by ADC at its own expense and on • the ADC Property. 5. At least twenty (20) days before construction of any Improvements, or any repair of the Improvements,ADC will submit to Sekich legible plans and specifications of any contemplated work prior to the commencement of construction or any repair. ADC shall reimburse Sekich for reasonable time spent by representatives of Sekich and their supervision or review of the work. Furthermore,should Sekich retain an engineer to assist it in reviewing plans or supervising the work, ADC shall reimburse Sekich for all such reasonable expense not to exceed One Thousand Dollars ($1,000.00). Sekich shall not unreasonably withhold its approval for any construction,maintenance and repair. It is also agreed such review and approval of any plans and specifications does not constitute an engineering approval or review and does not affect, release or limit ADC from any obligation, responsibility or liability recited or contemplated in or by this Agreement. Sekich shall be allowed to inspect the construction, maintenance or repair of any Improvements. In the event that the drainage water causes erosion or other problems in the Ditch,ADC,at its expense,shall promptly take such steps to cure such erosion or other problems as are reasonably required by Sekich. 6. The Improvements shall be constructed, maintained and repaired by ADC at its expense. However in the event that any sum is expended by Sekich for emergency repair or maintenance to the Improvements, ADC shall reimburse Sekich for such reasonable expense. In the event Sekich finds it necessary to make emergency repairs to the Improvements, Sekich shall be without liability for damage except as to such damages • which may be caused by negligence of Sekich. Determination whether repair or maintenance is necessary and whether an emergency exists shall be at the sole discretion of Sekich. 7. Construction, installation, maintenance and repair of the Improvements shall be without disturbance to the normal operation of the Ditch unless permission in writing is first received by Sekich for such disturbance. ADC expressly agrees that it shall be liable to Sekich for any damages caused by ADC's unauthorized disturbance or damage to the Ditch. Original construction work shall be completed not later than March 1, 2009 unless Sekich otherwise agrees in writing and any work, except for emergency situations,whether for original construction,or maintenance and repair, must be accomplished during the non- irrigation season unless otherwise approved by Sekich. 8. Any water originating from the ADC property to drain from the 1.6 acres into the Ditch shall be at all times suitable for agricultural use, be non-hazardous to humans, and be otherwise suitable for its historic uses and such water shall meet the then current local, state, and federal water quality standards for point sources discharges. 9. ADC, its successors and assigns, shall forever hold harmless Sekich from liability for damage to Sekich or third parties resulting from ADC's failure to meet the water quality standards stated above, In the event that the water quality standards recited in this paragraph are violated, Sekich may, at its election, and upon thirty (30) days advance • To ADC: • Aurora Dairy Corporation 1401 Walnut Street, Suite 500 Boulder, CO 80302 IN WITNESS WHEREOF, Sekich and ADC have executed this Agreement on the day and year first above written. The Donna L. Sekich Trust Aurora Dairy Corporation By: /"'By: e COSA0,- Donna L. Sekich;Trustee by Name: e. c.c)tisa, Randall C. Sekich, Attorney-In-Fact Title: V AJA- Donna kich, an i ividual by Randall C. Sekich, Attorney-in-Fact Fred M. Sekich Trust • By:I0 _AA �L✓cf +/C/� Donna L. Sekich, Trustee y Randall C. Sekich, Attorney-in-Fact 4,42, iick Sekiicch,r, I .2,L.,/ n S. Sekich • STATE OF COLORADO ) S ) COUNTY OF WELD ) ss. The foregoing instrument was acknowledged before me this a2tfday of February, 2008 by Randall C. Sekich, as Attorney-in- Fact for Donna L. Sekich as Trustee for the Donna L. Sekich Trust, Donna Sekich as Trustee for the Fred M. Sekich Trust, Donna L. Sekich; Nick Sekich, Jr.; and Karen S. Sekich. WITNESS MY HAND AND OFFICIAL SEAL. Myc•..--u: -nn,:\:� 'fires: 7 'a5-or • 1.04) eerfineti 41.6 hot et I y Notary Public • / :/ • f • rr, ..BL.G P�i STATE OF COL* -T DO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of February, 2008 by as for Aurora Dairy Corporation. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: Notary Public it • • 4/s St. Vrain • SANK TAT I ON DI STRICT May 14, 2008 Mr. Jay Wilson Senior Vice President/Chief Operating Officer 1401 Walnut Street Fifth Floor Boulder, Colorado 80302-5328 Regarding: Letter dated May 12, 2008 from TETRA TECH addressing the processing plant overflow pond - 2n° AmUSR-1405 Weld County. Dear Mr. Wilson, St. Vraln Sanitation District (SVSD) is in agreement with the letter dated May 12, 2008 from TETRA TECH. The overflow pond must still be available for runabllitiy issues related to the Pretreatment system and processing plant on site. • Please provide a copy to SVSD on the planned modification to the pond when available for comment. Please call or write with any questions you may have. I can be reached at 303- 682-4681. Since , Robert Fl ck District Engineering / Project Manager St. Vrain Sanitation District 11307 Business Park Circle 303-776-9570 CC file Dave Cross Megan Humbrecht • EXHIBIT 1 1151 TETRA TECH • May 12,2008 Mr.Rob Fleck St.Vrain Sanitation District 11307 Business Park Circle Firestone, CO 80504 RE: Aurora Organic Dairy Milk Processing Plant,2°"AmUSR-1405,Weld County,Colorado Dear Rob: This letter addresses a Condition of Approval for the Aurora Organic Dairy(AOD)Milk Processing Plant, 2°"AmUSR-1405 application to Weld County. Condition 2.J. reads as follows: "The applicant shall submit,to the Department of Planning Services,written evidence from the St. Vrain Sanitation District that the lagoon,formerly used as part of the site's sanitation facilities, is no longer needed for that purpose and may be repurposed as a stormwater detention pond,as suggested by the applicant." Currently the pond is utilized as an overflow pond for the Processing Plant and the effluent is then pretreated prior to discharging into the District's sewer line. It is AOD's intention to continue to utilize • the pond for that purpose,as well as for stormwater detention and for irrigation purposes. The pond will be designed and engineered so that it will function appropriately for all three uses. If additional pretreatment appurtenances are required,we will continue to work with the District,as addressed in the letter to Megan Humbrecht dated May 12, 2008 in response to her referral to Weld County dated November 20,2007. It appears that the Weld County Department's of Planning and Public Works may have misinterpreted the long term plans for the pond. We would appreciate your response to Weld County to clarify the District's position on continuing the use of the pond for the purposes of an overflow pond,and that there are no concerns for the uses of stormwater detention and irrigation purposes within the same pond,as long as it is designed for those purposes. Please forward a letter or e-mail response to Jay Wilson,AOD, addressing this condition. We appreciate your input on this project. Please contact me at 303-772-5282 with any questions regarding this letter or the Aurora Organic Dairy project. Thank you for your assistance. Sincerely, TETRA TECH Julie Cozad Planning Department Manager • 1900 S.Sunset Street Suite I-F Longmont.CO 80501 Tel 303 772.5282 Fax 303 772.7039 www.tetratech.com A# St. Vrain • SANT TAT ON DISTRICT May 14, 2008 Mr. Jay Wilson Senior Vice President/Chief Operating Officer 1401 Walnut Street Fifth Floor Boulder, Colorado 80302-5328 Regarding: Letter dated May 12, 2008 from TETRA TECH addressing referral responses from St. Vrain Sanitation District. Dear Mr. Wilson, St. Vrain Sanitation District (SVSD) is in receipt of a letter dated May 12, 2008 from TETRA TECH which addresses our referral comments. SVSD appreciates the willingness of the Dairy to accommodate our requests when the time comes to address each listed issue In Its entirety. • Please call or write with any questions you may have. I can be contacted at 303- 682-4681. Sincerely, Robert Fleck District Engineering / Project Manager St. Vrain Sanitation District 11307 Business Park Circle 303-776-9570 CC file Dave Cross Megan Humbrecht • TETRA TECH May 12,2008 Ms. Megan Humbrecht Project Assistant St. Vrain Sanitation District 11307 Business Park Circle Firestone, CO 80504 RE: Aurora Organic Dairy Milk Processing Plant,2"d AmUSR-1405, Weld County, Colorado Dear Ms. Humbrecht: Thank you for your referral for the Aurora Organic Dairy Milk Processing Plant,2"d AmUSR- 1405 application to Weld County. Your response indicated that the project is located within the St. Vrain Sanitation District(SVSD)208 service area and will be served contingent on the following: • Approval of civil and mechanical drawings • At this time, no new sewer service is anticipated for this facility. Any new services required as a result of the expansion will designed by a Professional Engineer. Civil and mechanical drawings will be submitted to the District for your approval, at that time. • Installation of sampling manhole See above. If any new service is required as a result of the expansion, the applicant will work with the District for locations and requirements for sampling manholes. • Installation of pretreatment appurtenances, if needed. Pretreatment appurtenances are currently in place for the milk processing plant and have been approved by the District. If additional pretreatment appurtenances are required, the applicant will submit those plans to the District for approval and install them per any engineered designed approved by the District. • Completion of waste water questionnaire. A waste water questionnaire has been submitted to the District for the existing sewer connection. If additional sewer service is required, an additional questionnaire will be provided to the District. • Proof of water tap size Proof of water tap size has been submitted to the District for the existing sewer tap. If an additional tap is required, the water tap will be resubmitted to the District. • Purchase of sewer tap An additional sewer tap is not required at this time. If an additional sewer tap is required, the applicant will purchase it at the time it is needed • • $130 Plan Review Fee 1900 S.Sunset Street Suite I-F Longmont.CO 80501 Tel 303.772.5282 Fax 303 772.7039 www.tetratech.com Page 2 of 2 Ms.Megan Humbrecht May 12, 2008 • The$130 Plan Review Fee will be submitted to the District if any additional services are required. We appreciate your input on this project. Please contact me at 303-772-5282 with any questions regarding this letter or the Aurora Organic Dairy project. Thank you for your assistance. Sincerely, TETRA TECH 7 7 u (� lie Cozad Planning Department Manager • 411 • • TETRA TECH May 12, 2008 Ms.Nancy McIntyre Longmont Conservation District 9595 Nelson Road, Box D Longmont, CO 80501 RE: Aurora Organic Dairy, Use by Special Review Application Referral Comments, Weld County Project 2"d AmUSR-1405 Dear Ms. McIntyre: Thank you for your response to the referral request from Weld County for the Aurora Organic Dairy, Use by Special Review Application. We have reviewed your comments and are addressing them as follows: • Prime Farmland: The land is prime if irrigated,but is currently used for the milk processing plant and other related projects. The property will continue to be used for agricultural purposed, including irrigated pasture. • • Noxious weed control: The site is an organic property and proper weed control will be exercised to meet organic standards and manage noxious weeds. • Soils Limitations: If any shrink-swell soils are encountered during new construction,an engineer will be contacted to help with foundation design. Please contact me at 303-772-5282 with any questions regarding this letter or the Aurora Organic Dairy project. Thank you for your assistance. Regards, TETRA TECH a j Julie Cozad Planning Department Manager • 1900 S.Sunset Street,Suite 1-F Longmont,CO 80501 Tel 303 7715282 Fax 303.772.7039 www.tetratech.com TETRA TECH May 12, 2008 Mr.Joe Gerdom Town Planning Consultant Town of Mead 935 Petras Street Erie,CO 80516 RE: Aurora Organic Dairy Referral Comments,Weld County Project 2nd AmUSR-1405 Dear Mr. Gerdom: Thank you for your referral for the Aurora Organic Dairy,a Use by Special Review application to Weld County. In your referral response dated November 7,2007,you expressed the following concerns or recommendations. Our response follows: • Traffic concerns due to the increased number of employees and impacts of the Milk Processing Facility. A traffic study has been completed by Gene Coppola,P.E. and has been submitted to the Colorado Department of Transportation (CBOT)and to Weld County Public Works. • The applicant will continue to work with CDOT on any required improvements due to impacts directly related to the operation. • Annexation Request The applicants currently do not have plans for a residential component on this particular property, so annexation will not be requested at this time. We appreciate your input on this project. Please contact me at 303-772-5282 with any questions regarding this letter or the Aurora Organic Dairy project. Thank you for your assistance. Regards, TETRA TECH 05466l\ 6-2"� Julie Cozad Planning Department Manager • 1900 S.Sunset Street Suite 1-F Longmont CO 80501 Tel 303.772.5282 Fax 303.772.7039 www.tetatech.com 0 uU N 1111 V g i z u IL- xux r N 51 . • 0 c1.r-jfi F.:3 a �t_ ° Hi thway 66 -,-- - --;,,,- � -�.�.It- • •anil.t -a v ' FI : L. %--1:. r -...2, 1 Ilk a m ^• . ,+t. 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I ill . �t i tom' 1 , I • t k YI i y.-1 • iit. . ._.. .. .*4.4 •••.--d•----7',•dr;:-1.1".__Sisit..-•-••r•"•a-•••Imramiatillral.i• - ...-. t ti3 , �.; >; "� `7 .....,. , ............,..a.,...=,......... . . . -. •-``•~-�.: t... . .. _.........__ _ _ . 1_.. ..."_ , --_ ..�� -. ` ', '♦ A r 4! lii i '••• aka lir"7...‘, :407. i YV 1 14 i Citip. a_1 istii3.L•=SCE -.a--, _ . . _ Page 1 of 1 Jennifer VanEgdom From: Chris Gathman Sent: Monday, June 09, 2008 9:10 AM To: Jennifer VanEgdom Subject: Development Standard #24 -2nd AMUSR-1405-Aurora Dairy Jenny, Please remove development standard #24 as it refers to landscaping and no landscaping is required for this USR. Sincerely, Chris Chris Gathman,AICP,Planner II Weld County Department of Planning Services 918 10th Street,Greeley,Colorado 80631 ph(970)353-6100 ext. 3540 fax(970)304-6498 : Ytrv, `t d. 6/9/2008 PLANNING COMMISSIONER' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS MAY 11, 2008. THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, CHRIS GATHMAN, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE BOARD OF COMMISSIONERS HEARING FOR 2nd AMUSR-1405 IN THE AGRICULTURAL ZONE DISTRICT. Chris Gathman Name of Person Posting Sign ark) Att_ Signature of Person Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me this&day of ` ) Q , 2008. 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