HomeMy WebLinkAbout20081672.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 O Q Q 3 - z1- O- o Q _ 0 7 S-
(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 2ryT _, SectionZo//, Township b North, Range�05—West
Flood Plain: Zone District: , Total Acreage:�r0•/ ( , Overlay District:_______
Geological Hazard:_ _,Airport Overlay District:
FEE OWNER(S) OF THE
PROPERTY:
�� ,A� /n � �� /� `/�
Name: Fear /V-f%ty(cE t 175 Lt — vpc s7o/ T _
Work Phone # 'f�{-.,�Go o _Home Phone # Email J% i Are S7�S r`.lOr> _
Address: p0.((O)( ,S/7
Address:
City/State/Zip Code &fTDAI, lZo a'&P
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: 0657uN_ SU6r( C Po/ 6,eig7✓E' — C)
Work Phone # TO- D97b' Home Phone #�_/..� Email
Address: 'rz+$
.arc W-4k i R.dJ .Lh�v rf c E?k!c rn J v ;,1.. ['c•:.-,
Address: T — ----
City/State/Zip Code ?-6L ,�`r r.o n7ci617
PROPOSED USE: Se16,4—
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 applica '..n. If an Authorized Agent signs, a letter of authorization fro
owners must be included with the app ion. If a corporation is the fee owner, notarized evidence mus EXHIBIT
• incl :-d ndicating that the sign. .-• :s to legal authority to sign for the corporation.
.CL__ i _ 1 z
Si:nature: Owner or •u ho zed Agent Date Signature: Owner or Authorized Agent
2008-1672
Page 1 of 1
Kim Ogle
• From: Michael R. Otto [mrotto@westernsugar.com]
Sent: Wednesday, June 04, 2008 10:17 AM
To: Kim Ogle
Cc: Loren Shanks
Subject: Western Sugar Address
Updated address for USR.
Mailing Address
1221 8th Avenue, Unit E
Greeley, CO 80631-11693
Mike Otto
Agriculturist
970-351-6069 Office
970-590-0978 Cell
•
•
06/04/2008
• •
• SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW (USR) QUESTIONNAIRE
The following questions are to be answered and submitted as part of the USR application. If a question does not
pertain to your use, please respond with "not applicable", with an explanation as to why the question is not
applicable.
1. Explain, in detail, the proposed use of the property.
'ECEI V I NEI AND 570U AiC-1 0c &FM urar, AU eiribliJE S Uta k 7H-Ey ACeS 4s iiEp io Ravi.
2. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 22 of the
Comprehensive Plan. 3tGo2.2-2-40, AC�tNDu57l4 i) %ENERi-t .T api, A4H 14)e+-) q.ryot.
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.
SEC. z3-3-ZD. LCC0 0.110-,C-vO`&R-V*4T. D+E.
4. What type of uses surround the site (explain how the proposed use is consistent and compatible with
surrounding land uses). ALL- 5VILRODUDtn)G) PrIZEI> xs ACIR.I cut_
T(J�/yL
5. Describe,in detail,the following:
a. Number of people who will use this site 30 ..hz, 15.03
b. Number of employees proposed to be employed at this sitea0
c. Hours of operation Ain (npm stAiraf.v. durtan a "en pimci
d. Type and number of structures to be erected (built) on this site
Two ScAgg Att t rn+ -.-42-SS
. e. Type and number of animals, if any, to be on this site
NO UE
f. Kind of vehicles (type, size, weight) that will access this site and how often
Fs4cM x-KS 4+a0 s6N1 lTtt.Uc4cj I B +0 42 +rzA it/25. r14x . &5r. Ss,acxa
g. Who win provide fire protection to the site
U N�Do COL01J4 Roe Av7Hct)4.1 rij
h. Water source on the property (both domestic and irrigation)
�CISTIfUC7 LOELL O/V517E
Sewage disposal system on the property (existing and proposed)
f02TA7 � µ4rnrl1)./A4.Lg FAGLIry IS COA67At1'77J) 1.0 Brea .:rrpnc waufPAe.
j. If storage or warehousing is proposed, what 'D�GN�D Fail C4-R40
p p type of items will be stored (
STcQLAuaE oF' cir-lq.(Z ps7S
6. Explain the proposed landscaping for the site. The landscaping shall be separately submitted as a
landscape plan map as part of the application submittal.
NOT APPLIC4.01 E
7. Explain any proposed reclamation procedures when termination of the Use by Special Review activity
occurs. LA-too wiLc- et —I1e:0 D 7D fi}(Znn OPa Roan) CoUO/Pour 4No AT
02tGl k)4t_ C-r2A-l)6,
8. Explain how the storm water drainage will be handled on the site.
Due To 'TFFE uA7U F Tl L/ 'P2oPCSeD USE, I-Ii S 1Da.sCiatici s,S W/LL ,U Sn/ PC4G2
57.,-re Flo Co✓1l U UE �E 02.vSF.�,...w. FoED�-3 ThE. )1),00-( ;txc s-r 6 or er3�ss.
9. Explain now long it will take to construct is site and w en construction and landscaping is schedule to
begin. (WE MOnsfl-I
10. Explain where storage and/or stockpile of wastes will occur on this site.
NOT R??UC4Q,LT. K-0 1°95713'3.
•
-7-
•
• •
•
PROJECT NARRATIVE
Western Sugar USR
The Western Sugar Cooperative has a 100+ year history of serving Weld County and
other areas throughout the Rocky Mountain Region,working with area producers in the
purchasing, storing, and processing of sugar beets for domestic sugar.
For economic reasons, The Western Sugar Cooperative no longer processes sugar beets at
the factory located in the East part of Greeley, Colorado. Due to this fact, The Western
Sugar Cooperative has marketed the property for redevelopment. The Western Sugar
Cooperative wishes to relocate the beet piling and storage operations out of the Greeley
city limits to a location more suitable to this agricultural based operation.
After a methodical search for ideal locations within close proximity of Greeley, The
Western Sugar Cooperative has selected 74.95 acres located at the Southwest Corner of
WCR 66 and WCR 43. The parcel number of this property is 080328000075 and is
located in the E1/2 of the NE1/4 of Section 28, T6N, R65W of the 6th P.M. The property
is owned by Front Range Feedlots LLC and was purchased on 10/15/07 by Special
Warranty Deed recorded at Reception No. 3511537.
• The Western Sugar Cooperative wishes to submit an application for Use by Special
Review on the subject property. While planning to utilize the Westerly portion of the
subject property,the cooperative intends to include all of the property so that they may
consider future expansion. In the meantime, the Easterly portion of the property would
remain as farmland. There is an existing house on subject property located at 31751
WCR 43. This house, including existing outbuildings, would excluded from this USR
and be situated on a "reserve" 1.24 Acre parcel.
For the remaining 73.71 Acres, the cooperative plans to handle and store sugar beets.
Activities will include delivering, handling, storing, and hauling out of sugar beets.
Onsite activities will take place from mid-September through mid-February. The normal
hours of operation during harvest delivery will be 12 hours a day seven days a week
unless weather dictates otherwise. Typical season of harvest delivery commences mid-
September and lasts until the end of October. It is anticipated that up to a total of twenty
harvest operation employees will be employed at the site during this period. Port-a-lets
will be utilized for sanitary facilities. Bottled water will be utilized for drinking water.
The number of loads received at this site during this period will range from several loads
per day to approximately 600 per day under current conditions. It is possible in the future
that up to 900 loads per day may be anticipated. Within the 45+/- day delivery period, it
is anticipated that there will be a total of 5 peak days where the 600 loads per day will be
reached. The anticipated average loads per day during the harvest period is 375 loads.
• The on-site irrigation well will be utilized for dust control via a water truck.
• •
•
The hauling out of the sugar beets will take place from mid-September through mid-
February. Most of the hauling out activity occurs during the months of September,
October, and January. The hauling out hours are 24 hours a day seven days a week with
an average of 120 to 130 semi loads per day being hauled out to the processing factory in
Fort Morgan. The hauling out generally occurs with concentrated intervals and does not
occur at the average levels during the entire mid-September to mid-February time frame.
The maximum number of loads per day would be 260. Currently, 10 trucks and drivers
are dispatched out of the location during the hauling out period. Port-a-lets are utilized
for sanitary facilities and bottled water for drinking. The drivers only switc1 ttu ks at the
site and-are generally out on the road hauling beets from all of the outlying
racervmg
stations to the Fort Morgan Factory during the majority of their shift. There would be 4
other employees utilized during the hauling out of the sugar beets, these employees being
loader operators to load the trucks. Port-a-lets and bottled water are utilized the same for
these employees.
During all hauling operations and as necessary, magnesium chloride and water will be
used to control fugitive dust. Once the sugar beets have been removed from this site, this
location will be seeded to a cover crop for wind erosion purposes.
• The proposed future shop/office would be for piler equipment maintenance and offices
for support staff(Agriculturists, Accountants, and Engineers). Any future shop/office
would be designed to County standards and comply with all County regulations.
•
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: kimAllolaw.com, pai( llolaw.com
davidna,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. 06CW 114
• 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
(c.f.s.)
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 Corn
Webster Well No. 5 27955 W6983 July 18. 1966 .111 Corn
Webster Well No. 11182 11182 W6162 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/Irr
98CW277 , Oct.8 1999
Two"E"Well 6-7063 6-7063 W3949 Dec.31, 1940 1.58 Com/Irr
Two"E"Well 10-04261-F 10-04261 W3949 June 20, 1963 1.04 Corn/Irr
Two"E"Well 23-03149 23-03149 W3949 May 11, 1961 1.04 Com/In
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 docs\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.
•
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Case No.06C W114
114
• 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.
4111 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 nO cts 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
•
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Case No.06CW l 14
• 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.f.s. 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 CAl 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.f.s.
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.f.s. 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-25I, 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 06C W114 114\Pleadings\WP docs\Amended Application-final 080514.doc
Case No.06C W114
114
• 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 6th 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 06CW 114\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
n ^ n'! Digitally signed
I`(fP/I�I/� (U jIVXt�_'"_"_` by David Jones
Date:2008.05.14
17:00:49-06'00'
David P. Jones, #34029
Attorney for Applicant
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 WI 114\Pleadings\WP does\Amended Application-final 080514.doc
• Case No.06CW 114
Amended Application
Page 8 of 9
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 are true and
correct to the best of his information,knowledge and belief.
Form: Leaf
Subscribed and sworn to before me this 14th day of May,2008,by Forrest Leaf.
WITNESS my hand and official seal.
• My Conmdssio
"-P A;PROA% g isiat-tzt
Notary Public,State of Co]A,
/ •
11114.9)\°Ug1.kOQ�a s
'4? ••...••••V0;
`��F OF C�
EJlted per Rule/21 duly signed copy onJile at the Law Offices of
Lind Lawrence&Ottenhof"LLP
•
C:\DocumWa and SeWaplkaveslti op\Ancndad Application-final 080514.doc
Case No. 06C W1 114
.
Amended Application
Page 9 of 9
CERTIFICATE OF SERVICE
I hereby certify that on the le 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:
Party Name Tarty Tina ' `Attor'nee PVis;.. . ..`.' . 'nI`IO ilirWa:am..
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,
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
• DIVISION ENGINEER Division 1 Water Engineer Division I Engineer
Engineer
EAST CHERRY CREEK VALLEY Ryley Carlock&:Applewhite PA-
WATER AND SANIT, Opposer Burr,Carolyn F Denver
EAST CHERRY CREEK VALLEY Opposer Tourtillott,William B Ryley Carlock&Applewhite PA-
WATER AND SANIT, Denver
EAST CHERRY CREEK VALLEY Ryley Oarlock&Applewhite PA-
WATER AND SANIT Opposer Noble,James Denver
FRONT RANGE FEED LOTS LLC, Applicant Jones,David P Lind Lawrence&Ottenhoff LLP
NEW CACHE LA 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 ENGINEER State State Water Engineer,Colorado State Engineers Office
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
Dow',.19580 eV Tan,.
Prow
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4o�Lhtl,LawmeseM
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Data 20:8 0gw,Cu
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Tanta 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 dots\Amended Application-final 0805'4.doc
• •
Cin of ,
¶ rçelèy
February 21, 2008
Weld County Planning Office
918-1-0" Street
Greeley, CO 80631
RE: Western Sugar Use by Special Review
It has come to my attention that Western Sugar Cooperative will be submitting a Use by Special Review
application for your consideration for a 74.95-acre site located at the southwest corner of the intersection of
WCR 66 and WCR 43 with the intent of using the site for the handling and storage of sugar beets. This
use and related beet processing factory has previously been located in East Greeley.
The location of this type of operation as proposed offers no conflict with planned City of Greeley
Comprehensive Plan policies or anticipated land uses. In fact, given its proximity to the influence area of
the Greeley-Weld Airport, an agri-business of this nature makes a very compatible use as proposed.
If the County refers this anticipated USR application to the City for comment, we will provide our
customary and formal review for your records. If you have any questions please feel free to contact me.
a
Rebecca L. Safarik
Community Development rector
•
Community Development-Office of the Director • 1100 10th Street,Ste.202,Greeley,CO 80631 • (970)350-9785 Fax(970) 350-9800
We promise to preserve and improve the quality of life for Greeley through timely,courteous and cost-effective service.
Petition In Support To Granting The Proposed North Greeley Receiving Station Of The Western Sugar
Cooperative
Sal Description: E1/2NE1/4 of Section 28,T6N, R65W of the 6th P.M.,Weld County,Colorado
Location:W1/2 of the E7/2 of the NE1/4,south of WCR 66 and west of WCR 43
The Western Sugar Cooperative proposes to construct a sugar beet receiving station at the above location to annually
purchase, receive,and store the crop from local producers for shipment to the Fort Morgan factory for processing.
PRINTED NAME ADDRESS PHONE NUMBER SIGNATURE
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Petition In Support To Granting The Proposed North Greeley Receiving Station Of The Western Sugar
Cooperative
(Dal Description: E1/2NE1/4 of Section 28,T6N,R65W of the 6th P.M., Weld County, Colorado
Location:W1/2 of the E1/2 of the NE114,south of WCR 66 and west of WCR 43
The Western Sugar Cooperative proposes to construct a sugar beet receiving station at the above location to annually
purchase, receive,and store the crop from local producers for shipment to the Fort Morgan factory for processing.
PRINTED NAME ADDRESS PHONE NUMBER SIGNATURE
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Petition In Support To Granting The Proposed North Greeley Receiving Station Of The Western Sugar
Cooperative
Oa' Description: E1/2NE1/4 of Section 28,T6N,R65W of the 6th P.M.,Weld County, Colorado
Location:W1/2 of the E1/2 of the NE1/4,south of WCR 66 and west of WCR 43
The Western Sugar Cooperative proposes to construct a sugar beet receiving station at the above location to annually
purchase, receive,and store the crop from local producers for shipment to the Fort Morgan factory for processing.
PRINTED NAME ADDRESS PHONE NUMBER SIGNATURE
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• •
Petition In Support To Granting The Proposed North Greeley Receiving Station Of The Western Sugar
Cooperative
•al Description: E1/2NE1/4 of Section 28, T6N, R65W of the 6th P.M.,Weld County, Colorado
Location:W1/2 of the E1/2 of the NE1/4,south of WCR 66 and west of WCR 43
The Western Sugar Cooperative proposes to construct a sugar beet receiving station at the above location to annually
purchase, receive,and store the crop from local producers for shipment to the Fort Morgan factory for processing.
PRINTED NAME ADDRESS PHONE NUMBER SIGNATURE
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•
Petition In Support To Granting The roposed North Greeley Receiving Stat'Of The Western Sugar
Cooperative
•al Description: E1/2NE1/4 of Section 28,T6N, R65W of the 6th P.M.,Weld County, Colorado
Location:W1/2 of the E1/2 of the NE1/4,south of WCR 66 and west of WCR 43
The Western Sugar Cooperative proposes to construct a sugar beet receiving station at the above location to annually
purchase, receive, and store the crop from local producers for shipment to the Fort Morgan factory for processing.
PRINTED NAME ADDRESS PHONE NUMBER SIGNATURE
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•
• DCP MIDSTRERM Fax • Jan 13 2008 07:38pm P002/002
DCP MIDSTREAM
C 1324 North 7th Avenue
Midstream_
Greeley,CO 60831
970 356 9700
• 303 572 3516 fax
February 14, 2008
Mr. Mike Otto
The Western Sugar Cooperative
1302 1n Avenue
Greeley, CO 80631
Re: EI2NEJ4, Section 28, T6N-R65W
Weld County, Colorado
Dear Mr. Otto:
ACP Midstream,LP acknowledges reviewing your proposed sugar beet dump site plan
and potential impacts to our natural gas processing facility known as our Lucerne Plant.
At this time, management and operations are satisfied with your proposal and have no
objections with the county approving your request for a Use by Special Review.
• Regards,
DCP Midstream, LP
474.ezz
Lew llagenlock
Right of Way Supervisor
•
•
www.dopmidetream.com
SURFACE USE AGREEMENT
• QQ /
This SURFACE USE AGREEMENT (the"Agreement") dated this 1/ day of i)
2008, is made by and between the undersigned, Noble Energy, Inc. ("Noble"), a Dejjjjjaware
corporation, 1625 Broadway, Suite 2200, Denver, Colorado 80202, and Front Range Feedlots
LLC ("Owner"), a Colorado limited liability company, PO Box 517, Eaton, Colorado 80615.
RECITALS
A. Owner owns the surface estate situated in the E/2NE/4 of Section 28, Township 6
North, Range 65 West, Weld County, ("Property"), and Owner desires to develop a sugar
beet receiving station on the Property as depicted on Exhibit "A" attached hereto and
made a part hereof
B. Owner recognizes that the mineral estate in and under the Property is presently
subject to valid and subsisting oil and gas leases (the"Lease"), which Lease interest is
owned of record by Noble. Noble's Lease rights include, among other things, the right of
ingress and egress for the purposes of exploration, development, drilling, re-drilling,
testing, completion, re-completion, re-entry, deepening, fracturing, re-fracturing,
stimulation,reworking, production and maintenance operations associated with oil and
gas wells and the associated pipelines and production facilities ("Oil and Gas
Operations") located on the Property.
• C. Noble operates wells located on the Property as follows; Swanson Farms 4-28EG
well located in the NE/4NE/4, Swanson Farms E 28-8 well located in the SE/4NE/4,(the
"Wells") as more specifically depicted on Exhibit "A".
D. Current Colorado Oil and Gas Conservation Commission ("COGCC") regulations
provide that any additional oil and gas wells on the Property (the "Future Wellsites") are
to be located in certain defined drilling windows, as depicted on Exhibit "A" ("Drilling
Windows").
E. Noble and Owner enter into this Agreement to provide for the coexistence and
joint development of the surface estate and the oil and gas estate of the Property, and to
delineate the process with which Noble and Owner shall comply with respect to the
development of the two estates.
NOW, THEREFORE, in consideration of the covenants set forth herein and the mutual
benefits to be derived by the parties hereto, and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, the parties do hereby
agree as follows:
1. AREAS RESERVED FOR OIL AND GAS OPERATIONS.
1.1. Oil and Gas Operations. Noble shall have the right to undertake Oil and Gas
Operations of the Wells and Future Wellsites to be located on the Property. In order to provide
• for such, Owner shall, and does hereby ratify and, to the extent necessary, grant to Noble an
easement, to utilize the Drilling Windows depicted on Exhibit "A" as the "Oil and Gas
Operations Areas" for the development of Future Wellsites and an area measuring two hundred
1
feet (200') around any exiting wells, an area measuring thirty foot (30') wide being a drilling
• access mad and a twenty foot (20') wide permanent access road as depicted on Exhibit"A", and
access as necessary for the drilling and operations of Future Wellsites.
1.2 Oil and Gas Operations Areas. The Oil and Gas Operations Areas shall be
reserved and utilized for the purpose-of any-and-all-Oil-and Gas Operations by Noble.
1.3 Pipeline Easements. Noble shall have the right to construct, operate and maintain
pipelines on the Property in accordance with the Lease and COGCC Rules and Regulations. In
order to provide for such, Owner shall, and does hereby ratify and, to the extent necessary, grant
to Noble pipeline easements measuring thirty feet (30') in width to utilize the areas depicted on
Exhibit "A", and as necessary for the drilling and operations of Future Wellsites, as "Pipeline
Easements"
1.4 Production Facility Areas. In accordance with the Lease and COGCC Rules and
Regulations Noble shall have the right to locate, relocate, build, repair and maintain oil tanks,
separators, dehydrators, emissions burners, compressors and other equipment necessary,
appropriate or convenient for the operation and production of the Wells and Future Wellsites.
1.5. Limitation on Use of the Property. Owner shall place no property lines, buildings,
structures or improvements (including streets, sidewalks, driveways, curbs and gutters, detention
or retention ponds, irrigation systems, sewage or drainage systems or pathways) of any kind
within two hundred feet (200') of the Wells or Future Wellsites, within the Pipeline Easements
• except as shown on the approved plat. Without the prior written consent of Noble, Owner shall
not alter or modify the existing grade within the Oil and Gas Operations Areas or Pipeline
Easements.
1.5.1 Owner shall place no permanent building, or structures intended for human
occupancy or improvements (excluding streets, sidewalks, driveways, curbs and gutters) within
two hundred feet (200') of any tank or separator located in the Production Facility Area Without
prior written consent from Noble, Owner shall not construct or allow the construction of
dwellings or structures intended for human occupancy within sixty feet (60') on either side of the
Pipeline Easements except at those locations where the pipeline is to be sleeved. At the locations
where the pipeline is sleeved, without the prior written consent from Noble, Owner shall not
construct or allow the construction of dwellings or structures intended for human occupancy
within ten feet (10') on either side of the Pipeline Easements.
1.5.2 Owner and Noble shall make all reasonable efforts to coordinate operations to the
extent that Noble would not be precluded from conducting Oil and Gas Operations on a Well or
Future Wellsite due to Owner's beet stacking operations. In the case that Noble provides Owner
notice of oil and gas operations in accordance with Section 4, Owner shall make all reasonable
efforts to accommodate Noble's Oil and Gas Operations by moving any beets up to two hundred
feet (200') away from Wells and Future Wellsites. In no instance shall the Owner stack beets
any closer than seventy-five feet (75') from any existing well.
• 1.6 Waiver of Certain Requirements. Owner waives all setback requirements in
Colorado Oil and Gas Conservation Commission ("COGCC") Rule 603, or any successor rule or
amendment to the COGCC setback rules, and to any other state or local setback requirements or
2
other requirements or regulations that are or become inconsistent with this Agreement or that
• would prohibit or interfere with the rights of Noble to explore for and produce the oil and gas in
accordance with this Agreement. Owner understands that Noble may cite the waiver in this
Section 1.6 in order to obtain a location requirement exception or variance under COGCC rules
or from a local jurisdiction. Owner also agrees that it will not object in any forum to the use by
Noble of the surface of the Property consistent with this Agreement and that it will also provide
Noble with whatever support in writing they may reasonably require to obtain permits from the
COGCC or any local jurisdiction.
2. SURFACE RECLAMATION. Noble or succeeding oil and gas operators shall be
responsible for their respective costs of interim and final reclamation and surface restoration
related to such future operations to the extent required by the COGCC.
3. ACCESS.
3.1 During Owner's development of the surface of the Property and at all times
thereafter, Owner shall at all times provide Noble access to the Oil and Gas Operations Areas
and Pipeline Easements, though the location of that access may vary from time to time in
accordance with the needs and progress of such surface development.
4. NOTICE OF FUTURE OPERATIONS. Noble shall provide at least seven (7) days
prior written notice to Owner in advance of any operations (other than the drilling of new wells)
within the Oil and Gas Operations Areas in connection with the reworking, fracturing, deepening
or other unusual or other than routine operations on the Wells; provided, however, that Noble
•
shall have immediate access in the event of an emergency.
5. PRELIMINARY AND FINAL PLATS. The Final Plat prepared by the Owner as part
of the subdivision approval process for the Property shall include the Wells, Drilling Windows,
existing Pipeline Easements and existing Access Roads. Within thirty (30) days of approval by
the County of Weld of a Final Plat, Owner shall record a copy of the Final Plat in the real
property records of the County of Weld, Colorado.
6. FUTURE OPERATIONS. Noble shall make all reasonable efforts to pursue any Oil
and Gas Operations in a diligent manner so as to minimize the total time period on location and
to avoid rig relocations or startup delays during the course of drilling. Owner waives and shall
not assert any right to require that wellhead or production equipment be located in conformance
with setback requirements different from those agreed to in this Agreement (including but not
limited to those concerning any "high density" rules of the COGCC).
7. GOVERNMENTAL PROCEEDINGS.
7.1 Owner shall not, directly or indirectly, oppose or encourage opposition to Noble
in any agency, administrative or other governmental proceedings, including but not limited to the
COGCC, the County of Weld, or other governing body proceedings, related to the operations of
Noble on the Property, including but not limited to drilling and production activities, workovers,
well deepenings, recompletions, fracturing, replacement wells and re-fracturing, provided that
• the position of Noble in such proceedings is not materially inconsistent with this Agreement.
3
7.2 Noble shall not directly or indirectly oppose or encourage opposition to Owner in
• any agency, administrative, or other governing body proceedings, relating to Owner's operations
on and development of the Property, including residential and associated development, provided
that Owner's position in such proceedings is not materially inconsistent with this Agreement.
8. LIMITATION OF LIABILITY,RELEASE AND INDEMNITY.
8.1 NO PARTY SHALL BE LIABLE FOR, OR BE REQUIRED TO PAY FOR,
SPECIAL PUNITIVE OR EXEMPLARY DAMAGES TO ANY OTHER PARTY FOR
ACTIVITIES UNDERTAKEN WITHIN THE SCOPE OF THIS AGREEMENT.
8.2 Each party shall be and remain responsible for all liability for losses, claims,
damages, demands, suits, causes of action, fines, penalties, expenses and liabilities, including
without limitation attorneys' fees and other costs associated therewith (all of the aforesaid herein
referred to collectively as "Claims"), arising out of or connected with each such party's
ownership or operations, including each such parties' employees, agents, contractors, sub-
contractors or other invitees on the Property, no matter when asserted, subject to applicable
statutes of limitations. Each such party shall release, defend, indemnify and hold harmless
against all such Claims that arise from its negligence. This provision does not, and shall not be
construed to, create any rights in persons or entities not a party to this Agreement, nor does it
create any separate rights in parties to this Agreement other than the right to be indemnified for
Claims as provided herein.
9, EXCLUSION FROM INDEMNITIES. The indemnities of any party herein shall not
cover or include any amounts, which the indemnified party may recoup from any third party, or
that for which the indemnified party is reimbursed by any third party. The indemnities in this
Agreement shall not relieve any party from any obligations to third parties.
10. NOTICE OF CLAIM FOR INDEMNIFICATION. If a Claim is asserted against a
party for which another party would be liable under the provisions of Section 8 above, it is a
condition precedent to the indemnifying party's obligations hereunder that the indemnified party
give the indemnifying party written notice of such Claim setting forth all particulars of the
Claim, as known by the indemnified party, including a copy of the Claim (if it is a written
Claim). The indemnified party shall make a good faith effort to notify the indemnifying party
within thirty (30) days of receipt of a Claim and shall affect such notice in all events within such
time as will allow the indemnifying party to defend against such Claim.
11. REPRESENTATIONS. Each party represents that it has the full right and authority to
enter into this Agreement and Owner specifically confirms its capacity to validly execute the
rights of way and easements provided for herein. Noble represents that it owns the oil and gas
leasehold interest in the Leases as set forth in Recital B under the Property. Noble does not
represent and specifically asserts that they do not have the right to bind any other oil and gas
leasehold interest owner,mineral owner, lessee or assignee for the Property.
12. SUCCESSORS. The tciuis, covenants and conditions hereof shall be binding upon and
• shall inure to the benefit of the Parties and their respective heirs, devises, executors,
administrators, successors and assigns. This Agreement and all of the covenants herein shall be
• covenants running with the land.
4
• •
13. NOTICES. Any notice or other communication required or permitted under this
• Agreement shall be sufficient if deposited in the U.S. Mail, postage prepaid, with a copy sent via
facsimile, addressed to each of the following:
If to Noble Energy Production, Inc.:
Noble Energy Production, Inc.
1625 Broadway, Suite 2000
Denver, Colorado 80202
Attention: Land Department
FAX(303) 595-7410
If to Owner
Front Range Feedlots LLC
PO Box 517
Eaton, CO 80615
Fax: (970)
Any party may,by written notice so delivered to the other party, change the address, fax number
or individual to which delivery shall thereafter be made.
14. RECORDING. Within fifteen (15) days of the Effective Date, Owner shall record a
copy of this Agreement in the real property records of the County of Weld, Colorado. Owner
• shall provide Noble with a copy thereof showing the recording information as soon as practicable
thereafter.
15. SURFACE DAMAGES. In consideration of the parties' respective rights, obligations
and benefits, as outlined herein, this Agreement shall constitute a surface use or surface damage
agreement provided for under the COGCC's Rules and Regulations or under any oil and gas
leases covering the Property.
16. APPLICABLE LAW. This Agreement shall be governed by and construed in
accordance with the laws of the State of Colorado, without reference to its conflict of laws
provisions.
17. ENTIRE AGREEMENT. This Agreement sets forth the entire understanding among
the Parties regarding the matters addressed herein, and supersedes any previous communications,
representations or agreement, whether oral or written. This Agreement shall not be amended,
except by written document signed by all parties.
18. HEADINGS. The section headings contained herein are for convenience in reference
and are not intended to define or limit the scope of any provision of this Agreement.
19. TIME OF ESSENCE. Time is of the essence in this Agreement.
20. NON-WAIVER. Waiver by either party or of the failure of any party to insist upon the
• strict performance of any provision of this Agreement shall not constitute a waiver of the right or
prevent any such party from requiring the strict performance of any provision in the future.
5
• •
21. SEVERABILITY. Any covenant, condition or provision herein contained that is held to
• be invalid by any court of competent jurisdiction shall be considered deleted from this
Agreement, but such deletion shall in no way affect any other covenant, condition or provision
herein contained so long as such deletion does not materially prejudice a party in its rights and
obligations contained in valid covenants, conditions or provisions. In the event that any part of
this Agreement would otherwise be unenforceable or in conflict with applicable laws due to the
term or period for which such part is in effect, the term or period for which such part of this
Agreement shall be in effect shall be limited to the longest period allowable which does not
cause such part to be unenforceable or in conflict with applicable laws.
22. FORCE MAJEURE In the event either party is rendered unable, by an event of Force
Majeure (defined below) to perform, wholly or in part, any obligation set forth in this Agreement,
other than the obligation to pay money, then the performance by the affected party will be
suspended during the continuance of such event of Force Majeure. The party experiencing an event
of Force Majeure will provide reasonable notice to the other party as soon as possible with all
reasonable dispatch. As used herein, the term "Force Majeure" shall mean any act of God, acts of
the public enemy, wars, blockages, insurrections, riots, epidemics, landslides, lightning,
earthquakes, fires, severe weather, floods, washouts, arrests and restraints of the federal, state or
local government, civil disturbances, explosions, breakage or accidents to machinery or lines of
pipe, the binding order of any court or governmental authority which has been resisted in good faith
by all reasonable legal means, delay in securing environmental approvals, the inability to obtain
necessary supplies, material, equipment, machinery or labor and any other causes, whether of the
kind herein enumerated or otherwise not within the control of the party claiming suspension and
which by the exercise of due diligence such party is unable to prevent or overcome.
• 23. NO JOINT VENTURE. This Agreement is not intended to, nor shall it be interpreted to
create a joint venture, partnership or any other relationship among the parties.
24. EFFECTIVE DATE. This Agreement shall become effective (the "Effective Date")
upon the execution of this Agreement by all parties hereto.
25. COUNTERPARTS. This Agreement may be executed by facsimile and in any number
of counterparts, each of which shall be deemed an original instrument, but all of which together
shall constitute but one and the same instrument.
The parties have executed this Agreement as of the day and year first above written.
NOBLE ENERGY,INC.
pl By: AA "` I`l L
P. David Padgett,Attorney In-Fact q
FRONT RANGE FEE OTS LLC
• By:
Dallas P. Horton, Registered Agent
6
ACKNOWLEDGMENTS
•
STATE OF COLORADO )
) ss.
CITY & COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this q '-day of /
2008, by P. David Padgett, Attorney In-Fact for Noble Energy, Inc., a Delaware corporation, on
behalf of said corporation. Q ®�
Witness my hand and official seal. ‘,0642/2 4
Notary Public
My Commission expires:
KATHRYN PORTUS
NOTARY PUBLIC
STATE OF COLORADO
STATE OF COLORADO ) MY COMMISSION EXPIRES 212009
Die,
pp � ss.
illaltek COUNTY OF l� ` )
The foregoing instrument was acknowledged before me this Il ipday of r`/ ,
2008, by Dallas P. Horton, Registered Agent for Front Range Feedlots LLC, on behalf of said
el company. c?--•
Witness my hand and official seal. I ��NPublic
My Commission expires: My Commission Expires
01/29/2011
•
7
Page l of l
Michael R. Otto
Shawn Sullivan
Sent: Friday, May 30, 2008 11:31 AM
To: Sandra S. Luke
Cc: Michael R. Otto
Subject: Check Request
Attachments: Check Request CDPHE GYpileground APEN08.doc
Sandy
Attached is check request for APEN fees for new Greeley pile ground. Can you please process and forward to me in Greeley for
submittal with attachments? Original is in mail. Thanks
Shawn
Shawn Sullivan, P.E.
Environmental Manager
The Western Sugar Cooperative
1221 Eighth Ave., Unit E
Greeley, CO 80631
Office: 970-304-6027
Fax: 970-352-5276
Mobile: 303-249-9773
www.westernsugar.com
liE shsullivan@westernsugar.com
The psion of Western Sugar Cooperative:
Maximizing shareholder value from farm to customer
by becoming a low cost, 90%packaged products Company.
•
6/3/2008
Page 1 of 1
Kim Ogle
• From: Michael R. Otto [mrotto@westernsugar.com]
Sent: Thursday, May 15, 2008 6:43 AM
To: Kim Ogle
Subject: School District Transportation Comments
Kim,
I spoke with Weld County District 6 Routing Manager, Lori, on 1-4-08. She said no stops on WCR 66 currently.
May use WCR 43 and WCR 66 intersection to other stops. Didn't have a problem with our project. 348-6800
phone.
Spoke with Phil Vannoy, Eaton School District, on 1-4-08. They use WCR 66 east to WCR 43 then north. His
comment was that our receiving station would not affect them much. 454-5136 phone.
Mike Otto
Agriculturist
970-351-6069 Office
970-590-0978 Cell
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05/15/2008
Hello