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Page 1 of 1
Kim Ogle
From: Lauren Light
Sent: Wednesday, September 17, 2008 3:39 PM
To: im Ogle
Subje USR-1654 /
Requirements of Weld County Department of Public Health & Environment, Environmental Health Services have
been met.
Lauren Light
Environmental Planner, Environmental Health Services
Weld County Department of Public Health & Environment
1555 N. 17th Ave.
Greeley, CO 80631
970-304-6415 Ext. 2211 (office)
970-304-6411 (fax)
eersprna7U-e-g---tjzSIW opier- Re 242
P4 / 7z
09/17/2008
Western Sugar Cooperative
(Grower Cc ncd,
September 4. 2008
I in AAbslorn SII,ar(bnpor lit‘r
1221 tllh Acrnil( Suiir I
(hcic (olorwIn 11(10)1 11(,11
;oJ?GIS
fay P)'0 iS'.:,_-1)
Mr. Kim Ogle
Planning Manager
Weld County Dept. of Planning
918 10th Street
Greeley, CO 80631
Mr. Ogle,
This letter responds to each item in your email of 9-3 that we needed to address
prior to recording the plat for USR-1654. If you have any questions please call me on my
cell at 970-590-0978 as we need to begin harvest September 29th. We do appreciate all of
your help and information throughout this process.
1.A. Yard light over each scale noted on updated plat.
1.B. APEN information sent in to the State is enclosed.
1.C. We acknowledge that if the proposed future shop/office is to be built that a
separate water tap will need to be arranged for through the NWCWD.
1.D. We will utilize a fire hydrant water meter provided by NWCWD for purchasing
water for dust control until the augmentation plan for the on-site well is approved
by the Division of Water Resources.
1.E. The plat has been updated to show all requested information.
The paved entry/exit with 40' turning radiuses and cattle guards for tracking pads
are being finished currently. The required signs will be posted as soon as road
construction is complete.
The culverts have been installed.
• •
The intersection improvements at WCR 66 and WCR 43 are in construction. The
phone box has been relocated and as soon as the waste ditches are dry(approx.
Sept. 8)we will install the culvert work and widen the turning radiuses.
An updated plat is enclosed for review.
1.F. No sign is proposed.
1.G. The plat has been updated with all requested information.
A letter from the New Cache La Poudre Reservoir Company is enclosed stating
they have no easement concerns with the irrigation ditch we are crossing.
Please contact me if you need further information or have questions. Thank you.
Mike Otto
Agriculturist
The Western Sugar Cooperative
970-590-0978 cell
mrotto@westemsugar.com
• •
DISTRICT COURT, WATER DIVISION 1, COLORADO
9th Avenue & 9th Street
P. O. Box 2038
Greeley, CO 80632
CONCERNING THE APPLICATION FOR WATER
RIGHTS OF:
FRONT RANGE FEED LOTS, LLC,
IN WELD COUNTY. ♦COURT USE ONLY •
Kim R. Lawrence, #8366
P. Andrew Jones, #29076
David P. Jones, #34029 Case No.: 06CW 114
Lind, Lawrence and Ottenhoff LLP
355 Eastman Park Drive, Suite 200
Windsor, CO 80550
Telephone: (970) 674-9888
Facsimile: (970) 674-9535
E-mail: kimna,llolaw.com, paina,llolaw.com
david@llolaw.com
AMENDMENT TO APPLICATION
FOR APPROVAL OF PLAN FOR AUGMENTATION
1. Name, address, telephone number of applicant: Front Range Feed Lots, LLC, P. O. Box
517 Eaton, CO 80615. 970-454-2975.
2. Purpose of Amendment. This application was originally filed on May 18, 2006 for
approval of a plan for augmentation to allow out of priority diversions from 11 wells that
supply water to two feedlots operated in Weld County. The application identified the
following replacement sources to replace the out of priority diversions: 4 shares in the
New Cache la Poudre Irrigating Company and 9 shares in the Ogilvy Irrigating and Land
Company. The purpose of this amendment is to: 1) identify additional water rights to be
used for augmentation replacement purposes; 2) add an additional well as an augmented
structure and add a claim for additional uses to said well; 3) add a claim for a recharge
pond and underground storage right; 4) clarify that the historical use of the Ogilvy
Irrigating and Land Company shares will be determined and quantified by either an
appropriate parcel-by-parcel or ditch-wide methodology; and 5) to indicate that the
historical use of 4 shares of the New Cache la Poudre Irrigating Company previously
• •
Case No. 06CW114
Amended Application
Page 2 of 9
identified as a replacement source will be quantified and determined in a separate
application.
3. Names of Structures to be Augmented: The wells listed and described in the following
table. This table replaces the table filed in the May 18, 2006 Application.
Well Permit No. Court Decree Appr.Date Amt. Use
(els.)
Webster Feed Yard Wells
Webster Well No. 1 8948 W6983 June 21, 1961 .778 Com/Irr
Webster Well No.2 Non-reg W6983 June 21, 1961 .444 Com/Irr
Webster Well No.3 25535 W6983 May 15, 1965 .556 Com/Irr
Webster Well No.4 27954 W6983 July 18, 1966 .111 Com
Webster Well No. 5 27955 W6983 July 18. 1966 .111 Corn
Webster Well No. 11182 11182 W6I62 April 27, 1954 1.11 In
LaSalle Feed Yard Wells
Cowan Well 049768 49768 W5333 July 9, 1940 1.78 Com/Irr
Cowan Well 9629-F-R 9629-FR W5333, May 18, 1963 0.779 Com/In
98CW277 Oct 8 1999
Two"E"Well 6-7063 6-7063 W3949 Dec. 31, 1940 1.58 Com/In
Two"E"Well 10-04261-F 10-04261 W3949 June 20, 1963 1.04 Com/In
Two"F"Well 23-03149 23-03149 W3949 May 11, 1961 1.04 Com/Irr
Swanson Farm
Well 8697 8697 W-251 May 1940 2.44 In
4. Water Rights to be used for augmentation: In addition to the 4 shares of stock in the New
Cache la Poudre Irrigating Company and 9 shares in the Ogilvy Irrigating and Land
Company identified in the original application, the following water rights will be used for
augmentation.
A. 4 Shares of stock in the Union Ditch Company.
(1) Decree information for Union Ditch Water Rights
a. The table below presents the decreed irrigation water rights for the
direct flow water.
F:\00 Water\Front Range Feedlots\Augmentation Plan 06CW 114\Pleadings\WP dots\Amended Application-final 080514.doc
•
Case No. 06CW 114
Amended Application
Page 3 of 9
Summary of Surface Water Decrees
Company Date of Appropriation Decreed Case No. Use
UNION DITCH September 9, 1873 4 cfs CA45608 IRR
UNION DITCH November 2, 1874 100 cfs CA6009 IRR
UNION DITCH November 2, 1881 84.03 cfs CA6009 IRR
UNION DITCH FDR NO 1 July 15, 1893 20 cfs CA54658 IRR
UNION DITCH June 23, 1898 183 cfs CA54658 STO
UNION DITCH June 24, 1900 183 cfs CA54658 STO
UNION DITCH August 7, 1915 183 cfs CA54658 STO
b. Legal description of point of diversion: Southeast quarter of the
Southwest quarter of the Northeast quarter, Section 18, Township
4 North, Range 66 West of the 6th P.M.
c. Source: South Platte River.
(2) Remarks: The historic use of the 4 Union Ditch Company Shares will be
quantified in Case no. 03CW404 based upon a ditch-wide analysis.
B. Two Preferred Water Rights from Fossil Creek Reservoir
(1) Decree information for Fossil Creek Water Rights
a. The table below presents the decreed irrigation water rights for the
storage water.
Summary of Surface Water Decrees
Company Date of Appropriation Decreed Case No. Use
Amount
Fossil Creek Reservoir March 5, 1903 12,052 af CA2031 IRR/STO
Fossil Creek Reservoir June 1, 1904 1,545 af CA2031 IRR/STO
b. Legal description of point of diversion: Northwest quarter of the
Southwest quarter, Section 21, Township 7 North, Range 68 West
of the 6th P.M.
c. Legal description of Fossil Creek Reservoir: Southwest quarter of
the Southeast quarter of the Southwest quarter, Section 10,
Township 6 North, Range 68 West of the 6th P.M.
d. Source: Cache La Poudre River.
F:\00 Water\Front Range Feedlots\Augmentation Plan 06CW 114\Pleadings\WP dots\Amended Application-final 0805 I4.doc
Case No.06CW114
Amended Application
Page 4 of 9
(2) Historic Use: The two preferred rights were used on the Murata Farm,
located in the East half of the Southwest quarter and the West half of the
Southeast quarter, Section 2 including parcel to south bounded by Ogilvy
ditch in North half of Section 11, Township 5 North, Range 64 West of the
6th P.M. A maximum of 163.34 acres were irrigated with 10 Shares of
New Cache la Poudre Irrigation Company, 10 Shares of New Cache la
Poudre Reservoir Company, 2 shares of Fossil Creek Reservoir and 3
shares of Windsor Reservoir.
(3) Return Flows. Applicant claims the re-appropriation of historic return
flows and will maintain the same only for calls senior to the date of the
filing of this amendment.
C. 29 Shares in the New Cache la Poudre Irrigating Company
(1) Decree information for New Cache La Poudre Irrigating Company water
rights (aka Greeley No. 2 Ditch).
a. The table below presents the decreed irrigation water rights for the
direct flow water.
Summary of Surface Water Decrees
Company Date of Appropriation Decreed Case No. Use
New Cache la Poudre October 25, 1870 110 cfs CA 320 IRR
New Cache la Poudre September 15, 1871 170 cfs CA 320 IRR
New Cache la Poudre November 10, 1874 184 cfs CA 320 IRR
New Cache la Poudre September 15, 1877 121 cfs CA 320 IRR
New Cache la Poudre may 21, 19/4 65 cis w-8059 IRR
b. Legal description of point of diversion: Southwest quarter of the
Southeast quarter of the Northeast quarter, Section 11, Township 6
North, Range 68 West of the 6th P.M.
c. Source: Cache La Poudre River.
(2) Comments: The historical use of these shares will be quantified and
determined in a separate application, and are not being changed herein.
D. 38 Shares in the Cache La Poudre Reservoir Company
(1) Decree information for Cache La Poudre Reservoir Company water rights
F:\00 Water\Front Range Feedlots\Augmentation Plan 06CW 114\Pleadings\WP docs\Amended Application-final 080514.doc
Case No. 06CW114
Amended Application
Page 5 of 9
a. The table below presents the decreed irrigation water rights for the
storage water.
Company Date of Decreed Case No. Use
Appropriation Amount
Cache la Poudre Res April 15, 1867 60 c.fs. CA 1260
Cache la Poudre Res March 17, 1892 8,379 af CA1591 IRR/STO
Cache la Poudre Res December 1, 1902 1,740 af CA2031 IRR/STO
Cache la Poudre Res December 31, 1923 5,948 af CAI 1217 IRR/STO
Cache la Poudre Res December 31, 1923 4,171 af CA11217 IRR/STO
Timnath Res-1st
diversion March 17, 1892 15 c.f.s. 80CW415 IRR/STO
Timnath Res-West drn March 17, 1892 110 c.fs.
Timnath Res-Middle drn March 17, 1892 50 c.f.s.
Timnath Res-East drn March 17, 1892 90 c.f.s.
Timnath Res-2nd
diversion July 31, 1892 10 c.fs. 80CW415 IRR/STO
b. Legal description of Windsor Reservoir Creek Reservoir:
Northwest quarter of the Southeast quarter of the Southeast
quarter, Section 33, Township 7 North, Range 67 West of the 6th
P.M.
c. Source: Cache La Poudre River.
(2) Comments: The historical use of these shares will be quantified and
determined in a separate application, and are not being changed herein.
E. Swanson Farm Recharge Pond No. 1 as applied for herein.
5. Claim for Change of Water Rights: Well 8697
A. Information from Previous Decree
(1) Case No. W-251, Water Division 1
(2) Date of decree: April 5, 1971.
(3) Legal description of point of diversion: Northeast quarter of the Northeast
quarter, Section 28, Township 6 North, Range 65 West of the 6th P.M. at a
point 1308 feet east and 38 feet south of the Northeast corner of said
section
(4) Appropriation Date: May, 1940
F:\00 Water\Front Range Feedlots\Augmentation Plan 06CW 114\Pleadings\WP does\Amended Application-final 080514.doc
Case No. 06CW114
Amended Application
Page 6 of 9
(5) Amount: 2.44 cubic feet per second
(6) Use: Irrigation
(7) Source: Cache La Poudre alluvium
B. Comment: The well is presently included in the Cache la Poudre Well Users
Association plan for augmentation. The well will be removed from said plan for
augmentation and all post pumping and future out-of-priority depletions pursuant
to the decreed uses sought herein will be covered via this plan.
C. Historic Use: Supplemental irrigation
• D. Proposed Change: In addition to irrigation, this application seeks to add
commercial, industrial and domestic uses for up to 10 acre feet. Applicant also
seeks to correct a typographical error in the legal description for this well. The
actual location in Section 28 is 1308 feet West and 38 feet South of the Northeast
corner.
6. Claim for Recharge Pond and Underground Storage Right:
A. Name of Structure: Swanson Farm Recharge Pond No. 1
(1) Point of diversion: water will be diverted at the headgate of the Cache La
Poudre Irrigating Ditch Company (aka Greely No. 2) located on the north
bank of the Cache la Poudre River in the Southwest quarter of the
Southeast quarter of the Northeast quarter, Section 11, Township 6 North,
Range 68 West of the 6a' P.M.
(2) Location: W1/2 of the NW 1/4 of Section 27, Township 6 North, Range
65 West, of the 6th P. M.
(3) Amount: Dead surface storage, 100 a.f, with the right to fill and refill
when in priority.
(4) Appropriation date: the date this application was filed
(5) How appropriation was initiated: formation of intent to appropriate water
and the filing of this application.
(6) Use: Substitution and replacement by augmentation or exchange. Water
will be diverted and stored and allowed to percolate into the alluvial
aquifer for purposes of generating accretions to the river in order to
replace out of priority depletions from the wells identified above.
B. Name of Owner of land upon which structure will be located: Applicant.
F:\00 Water\Front Range Feedlots\Augmentation Plan 06C W114 1 I4\Pleadings\WP does\Amended Application-final 080514.doc
• •
Case No. 06CW114
Amended Application
Page 7 of 9
Dated this 14th day of May, 2008.
LIND, LAWRENCE & OTTENHOFF LLP
Digitally signed
P by David Jones
4../ I Date:2008.05.14
17:00:49-06'00'
David P. Jones, #34029
Attorney for Applicant
s
E-filed per Rule 121 duly signed copy on file at the Law Offices of
Lind,Lawrence&OttenhoffLLP
F:\00 Water\Front Range Feedlots\Augmentation Plan 06C W 114\Pleadings\WP does\Amended Application-final 080514.doc
• •
Case No.06CW114
Amended Application
Page 8 of
VERIFICATION
STATE OF COLORADO )
ss.
COUNTY OF WELD )
Forrest A. Leaf, being first duly sworn upon oath, deposes and states that he is the Engineer for
the Applicant,that he has read the foregoing and that the contents contained th • are true and
correct to the best of his information,knowledge and belief.
Fo : Leaf
Subscribed and sworn to before me this 14th day of May,2008,by Forrest Leaf
WITNESS my hand and official seal.
My Commissio • 3 --I- 2O i
P./}0\`‘
Notary Public,State o£Col
•
?-,‘OF
Wiled
1<f fled per Rule 121 duly signed copy on file at the Law Offices of
Lind Lawrence&Ottenhof'LLP
•
CDocumenta and EctingacaveslblDesktopWmendcd Application-final 050$14.doc
Case No.06C W1 114
Amended Application
Page 9 of 9
CERTIFICATE OF SERVICE
I hereby certify that on the 14th day of May, 2008, a true and correct copy of the
foregoing AMENDED APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION
was duly delivered to the following via LexisNexis e-filing:
wPartit NambW '?.... f r Pirty TYlie.,.jlttath₹'� :c ... . , , list,≥�, , :Firm..C > .:3.61.4111011:01011014I 1t1
CACHE LA POUDRE WATER Opposer Brown,Daniel Kenneth Fischer Brown Bartlett&Gunn PC
USERS ASSOCIATION,
CENTENNIAL WATER AND Opposer Sperling,Veronica A Buchanan&Sperling PC
SANITATION.DISTRICT
CENTENNIAL WATER AND Opposer Mehren,Richard J Moses Wittemyer Harrison&
SANITATION DISTRICT Woodruff PC
CENTENNIAL WATER AND Opposer KNUTSEN,BRIAN ALAN KNUTSEN,BRIAN ALAN
SANITATION DISTRICT
. . .
CITY OF BOULDER, Opposer Sperling,Veronica A Buchanan&Sperling PC
CITY OF GREELEY COLORADO Opposer Kolanz,John A City Attorneys Office-Greeley
ACTING BY AND T, 0000 . 0000
CITY OF GREELEY COLORADO Opposer Pauli,Jessica L City Attorneys Office-Greeley
ACTING BY AND T,
CITY OF.THORNTON,: Opposer Hanson,Dennis A City of Thornton
DIVISION ENGINEER Division Division I Water Engineer Division I Engineer
Engineer
EAST CHERRY CREEK VALLEY Ryley Carlock&Applewhite PA-
Opposer : Burr,Carolyn F
WATER AND SAN Denver
EAST CHERRY CREEK VALLEY Opposer Tourtillott,William B Ryley Carlock&Applewhite PA-
WATER AND SANIT, Denver
EAST CHERRY CREEK VALLEY J a Ryley Carlock&Applewhite PA-
WATER AND'SANIT Opposer Noble,James Denver
FRONT RANGE FEED LOTS LLC, Applicant Jones,David P Lind Lawrence&Ottenhoff LLP
NEW CACHEING CO POUDRE Opposer Brown,Daniel Kenneth Fischer Brown Bartlett&Gunn PC
IRRIGATING COMPANY
OGILVY DITCH COMPANY Opposer Brown,Daniel Kenneth Fischer Brown Bartlett&Gunn PC
State
STATE ENGINEER State Water Engineer Colorado State Engineers Office
0000 . Engineer.
THE HARMONY DITCH COMPANY Opposer Buchanan,Timothy Buchanan&Sperling PC
THE HARMONY DITCH COMPANY Opposer Curtis,Alan E Buchanan&Sperling PC
UNITED WATER AND Opposer Akolt,John Patrick Akolt&Akolt LLC
SANITATION DISTRICT
-0paelYaq�by Tanta
Propp
<.LMe,i.w .am
\.)uIYo6.menv�iwi.,,..e6
Dale 2n'.'MM6n,co
-0600 oae oz 14 16fi6:z.
[BW
Tarita A.Propp
E-filed per Rule 121, duly signed copy on file at the law offices of
Lind, Lawrence& OttenhoffLLP
F:\00 Water\Front Range Feedlots\Augmentation Plan 06CW 114\Pleadings\WP does\Amended Application-final 080514.doc
• • • vow a
Western Sugar Coopera
(Grower Owned)
June 13, 2008
The Western Sugar Cooperative
Mr. Chris Rhinehart 1221 8th Avenue,Suite E
Colorado Department of Public Health & Environment Greeley,Colorado 80631-1169
p (9701352-2618
APCD-SSP-B1 Fax(970)352-5276
4300 Cherry Creek Drive South
Denver, CO 80246-1530
RE: Submittal of APEN to Replace Greeley Pile Ground; Western Sugar Cooperative,
Dear Mr. Rhinehart:
Please find enclosed a new APEN, signed by the authorized representative, for the Western
Sugar Cooperative's North Greeley Pile Ground facility. This APEN is to replace the closed
Greeley factory pile ground at a new location north of the closed factory. The APEN includes
estimates for fugitive emissions from truck traffic using AP-42 along with supporting
calculations. The APEN fee of$152.90 is also attached.
Please contact me at (970) 304-6027 if you have any questions or require additional
information.
Sincer ly,
Shawn Sullivan
Environmental Manager
cc: Mike Otto
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• • Page 1 of 3
Kim Ogle
From: Kim Ogle
Sent: Tuesday, September 02, 2008 9:11 PM
To: 'Loren Shanks'
Cc: 'Michael R. Otto'
Subject: RE: Western Sugar USR
Okay, thanks for letting me get my feet under me again. From review of the case file, which is in disarray, I offer
the following findings:
1. Prior to recording the plat:
A. The applicant has not indicated that there will be any lighting on site. If lighting is intended, a
Lighting Plan, including cut sheets of the proposed light fixtures, shall be provided to the
Department of Planning Services for review and approval. The Lighting Plan shall adhere to the
lighting requirements for off-street parking spaces per Section 23-4-30.E of the Weld County
Code and shall adhere to the lighting standards, in accordance with Section 23-3-360.F and
Section 23-2-250.D of the Weld County Code. Furthermore, the approved Lighting Plan shall be
delineated on the plat. (Department of Planning Services)
B. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and Emissions
Permit application (for dust emissions)from the Air Pollution Control Division, Colorado
Department of Health and Environment, if applicable. Alternately, the applicant can provide
evidence from the APCD that they are not subject to these requirements. Written evidence of
such shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
C. The applicant shall address the recommendations of the North Weld County Water District as
stated in their referral received May 8, 2008. Written evidence of such shall be submitted to the
Department of Planning Services. (North Weld County Water District)
D. The applicant shall address the requirements of the Department of Natural Resources, Division of
Water Resources, Office of the State Engineer as stated in their referral received May 19, 2008.
Written evidence of such shall be submitted to the Department of Planning Services. (Office of
the State Engineer)
E. The applicant shall address the requirements of the Weld County Department of Public Works as
stated in their referral received May 2, 2008. Written evidence of such shall be submitted to the
Department of Planning Services. (Department of Public Works)
F. If a sign is proposed, the applicant shall submit a detailed signage plan to the Department of
Planning Services, including location and size. Signs shall be in compliance with Article VI,
Division II and Appendices 23 C through E of the Weld County Code. (Department of Planning
Services)
G. The plat shall be amended to delineate the following:
1. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. Each sheet of the plat shall be labeled USR-1654. (Department of Planning Services)
4. The applicant shall obtain a written agreement with either the Cache La Poudre Reservoir
09/02/2008
• • Page 2 of 3
Company, the Pleasant Valley Lateral Company, the New Cache La Poudre Irrigation Company
or their successors for two or more points for ingress and egress crossing of the ditch
south of and adjacent to County Road 66 onto lands associated with the Western Sugar
Cooperative sugar beet facility. (Department of Planning Services)
5. County Roads 66 and 43 are designated on the Weld County Road Classification Plan as
Collector roads, which require 80 feet of right-of-way at full build out. The applicant shall
verify the existing right-of-way and the documents creating the right-of-way. All setbacks
shall be measured from the edge of future right-of-way. If the right-of-way cannot be
verified, it shall be dedicated. These roads are maintained by Weld County. (Department
of Public Works)
6. The single point of ingress and single point of egress shall have a minimum turning radius
of forty (40)feet to accommodate semi-type truck traffic. (Department of Public Works)
7. The single point of ingress shall have an additional one hundred (100) feet of pavement
south of County Road 66 into the site where at the end of this apron two cattle guards
are located on the one way circulation road to the scale house. (Department of Public
Works)
8. The single point of egress shall place two cattle guards then an additional one hundred
(100) feet of pavement north to County Road 66 where a stop sign shall be located at the
approach to County Road 66. (Department of Public Works)
9. The internal circulation pattern based on the Geo-Tech Report and the employee parking
areas identified within the circulation pattern. (Department of Public Works)
10. Any approved signs, as applicable. (Department of Planning Services)
11. The approved Lighting Plan, if applicable. (Department of Planning Services)
12. The 200-foot setback radii for existing oil and gas tank batteries and the 150-foot setback
radii for oil and gas wellheads located on the site shall be indicated. (Department of
Planning Services)
13. The location of the future shop/office. (Department of Planning Services)
14. The location of the septic envelope(s) associated with the future shop/office.
(Department of Planning Services)
15. All parking and screened outdoor storage area(s). (Department of Planning Services)
2. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County
Department of Planning Services. (Department of Planning Services)
There is not evidence that any of the conditions have been met in the case file. I do have numerous emails
indicating that the conditions have been met, yet nothing found of
record from the referral agencies so indicating. The Plat map as to form is good; amend per the Resolution and
as stipulated in this email. Resubmit two paper copies for review by County Staff prior to submitting the mylar for
signature and recording. Questions may be directed to this office. Thank you
Kim Ogle I Planning Manager
From: Loren Shanks [mailto:LShanks@drexelbarrell.com]
Sent: Tuesday, September 02, 2008 7:13 AM
To: Kim Ogle
Subject: RE: Western Sugar USR
09/02/2008
• • Page 3 of 3
Thanks Kim!
From: Kim Ogle [mailto:kogle@co.weld.co.us]
Sent: Monday,September 01,2008 10:05 PM
To: Loren Shanks
Cc: Michael R.Otto; Kim Ogle
Subject: RE:Western Sugar USR
I have been away on a family emergency. I will check file on Tuesday. Thanks
Kim Ogle I Planning Manager
From: Loren Shanks [mailto:LShanks@drexelbarrell.com]
Sent: Friday,August 29,2008 5:29 PM
To: Kim Ogle
Subject: Western Sugar USR
Kim,
I'm meeting with Mike Otto next week. Do we have any outstanding issues with their USR? What's next?
@.n - Drexel, BarrelI &Co.
----t....,-- Engineers • Surveyors
_ Loren K. Shanks, P.L.S.
Senior Associate
Boulder • Colorado Springs • Greeley
Steamboat Springs • Grand Junction
www.drexelbarrell.com
6513 W 4th Street, Greeley, CO 80634
Ph: 970.351.0645/ Fax: 970.351.0665
Ishanks@drexelbarrell.com
09/02/2008
• •
Weld County PlanningDepartment
MEMORANDUM
RECLEA
TO: Kim Ogle, Planning Services DATE: July 24, 2008
CFROM: Don ,P.E., Public Works {,,Zr
COLORADO SUBJE T: USR-1654, Wystern Sugar Cooperative
The Weld County Public Works Department has reviewed this proposal; for the roadway improvements at the
intersection of CR-66 and CR-43.
COMMENTS:
Please correct all redlines on the drawing set returned with this memo.
REQUIREMENTS:
Please return the redline set upon resubmittal.
Contact Amy Burry for all Right-of-Way permits at (970) 304-6496.
Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or
become established as a result of the proposed development, the applicant/landowner shall be responsible for
controlling the noxious weeds.
pc: USR-1654
Email: Kim Ogle
M:\PLANNING—DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1654-Western Sugar\Comments for the roadway imporvements CR-
66&CR-43.DOC
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THE NEW CACHE LA POUDRE IRRIGATING COMPANY
THE CACHE LA POUDRE RESERVOIR COMPANY
(970)352-0222
I
June 24, 2008
Mr.Mike Otto
Western Sugar Cooperative
12218th Ave.,Unit E
Greeley, CO 80631
Dear Mr. Otto,
This letter is in response to planned location of the receiving station for the Western
Sugar Cooperative (Special Review Permit #1654). Paragraph G,item 4 requests an
agreement for ingress and egress from the location across a ditch south of WCR 66.The
New Cache La Poudre Irrigating Company and the Cache La Poudre Reservoir Company
have no easement rights in S28,T6N, R65W.This ditch does not belong to or is an
easement of the companies. If further information is needed please contact me.
Sincerely,
Dale Trowbridge
Office Manager
33040 Railroad Avenue • P.O. Box 104 • Lucerne, Colorado 80646
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Lin Dodge
From: Kim Ogle
Sent: Monday, February 11, 2008 10:59 AM
To: William Garcia; Thomas Honn
Cc: Lin Dodge; 'Kim Ogle'
Subject: Western Sugar Cooperative- Request
Attachments: pre-application memo Western Sugar CR43 at CR 66.doc; Western Sugar Cooperative Early
Move.doc
tit
pre-application Western Sugar
memo Western S... Cooperative Earl...
For your information. Letter was sent via USMail 2-11-2008
Kim Ogle I Planning Manager
T: 970.356.4000 x 3549 I F: 970 304 6498
Weld County Planning Services - Greeley Office
918 Tenth Street I Greeley CO 80631 kogle@co.weld.co.us <mailto:kogle@co.weld.co.us>
<mailto:kogle@co.weld.co.us>
1
• • UDR - 54/
1 MEMORANDUM
II TO: Case File, pre-application
COLORADO DATE: January 30, 2008
FROM: Kim Ogle, Planning Manager
SUBJECT: Pre-Application Meeting prior to submitting
USR for Western Sugar
Attendees:
Mike Otto—Western Sugar
Loren Shanks— Drexel Barrell
Thomas Honn — Planning Director, part time
Kim Ogle -- Planning
On Wednesday January 30, 2008 an informal discussion took place at the Greeley
Administrative Offices Conference Room regarding the proposed Western Sugar Beet Dump
facility. (The legal description is the E2NE4 Section 28, Township 6 North, Range 65 West of the
6th P.M., excepting part Deeded in Book 1031, Reception No. 1968043 Situs Address for
residence is 31751 County Road 43)
Background Information:
Western Sugar proposes to construct 2 new (relocated from the Greeley Facility) beet dump
structural encumbrances on a tract of land 72.45 acres in size, presently owned by Front Range
Feedlots, LLC. The applicant proposes to enter into a Lease agreement of up to 10 years
having the option in the first year to purchase the entire parcel. Options remain open on this
issue at this point in time,
Access will be from County Road 66, a local paved road into the facility. Initial plans are to
construct a road adjacent to the existing unknown operate tank battery. The access will utilize
tracking pads, likely to be cattle guards before entering the scale area. There will be a manned
structure with a lone employee at this location. After weigh in, trucks travel to the south to dump
their load. Trucks will exit the site through a second scale area, again with a manned scale
house before exiting over the cattle guards (tracking pad equivalent) out an egress road near the
west property line. Egress alignment will not align with existing drives to thenorth of the facility.
There is an existing irrigation well on site permitted by North Weld County Water District and a
lateral adjacent tot eh west property line. Aerial photography proved inconclusive.
School Districts for Eaton and Greeley utilizethe roads for transport of children, although both
indicated that there are no bus stops in the immediate area.
There was extensive discussion on the Recorded Exemption process and what the parameters
of creating a new parcel entail. It was noted that the County minimum lot size is 80 acres, thus
division of lands would create a 34.9 net acre parcel and a 45.1 acre parcel. It was also noted
that the parcel is a short Section; therefore the resultant parcel size may be substantially smaller.
• •
It was suggested that the proposed USR boundary include all lands except those associated
with the residence, and to encumber the entire property. This action affords for the Beet dump
activity, continuing oil and gas operations and continued agricultural producton and does not
encumber the single family residence.
County also strongly suggested including any and all future activities, including the maintenance
shop, outside parking of vehicles, radio tower, radio antennae and similar improvements
unknown at this juncture.
County indicated that the proposed agricultural use of the property would have little if any
landscape component attached to the facility. County suggested to contact DCP Midstream to
obtain their input before final siting of pilers. Fencing may be an option to consider, also dust
mitigation
Staff noted the possibility of an On-Site Improvements Agreement for all internd improvements.
This document will be evaluated at a future date uncertain
Ogle to provide referral list of agencies to becontacted for this proposal and submit with meeting
Notes.
End memorandum.
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