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Home My WebLink About20071555.tiff June 8, 2007 Clerk to the Board of County Commissioners Weld County Centennial Center 915 10th St. Greeley, Colorado 80631 Attn: Ester Gesisk RE: USR Permit#1590 Contreras Dear Ms. Gesick, As per our recent conversation about the date scheduled for the above hearing, I will not be available on that date. I have been involved with this case from the beginning and most likely am familiar with or will need to present information at the hearing to insure a full accounting of what has transpired. After conversation with most parties involves I am now requesting that this hearing be re scheduled for the July 25th 2007 date which you mentioned was available. I have discussed this matter with Planner Chris Gathman, who also has no problem with this date. He told me that he was posting signs for the hearing and would post that as the date of hearing as well. If there are any conflicts or problems with this request on your end please advise me at Scott Realty Co., 1212 8th Avenue, Greeley, Colorado 80631 (970) 352-1212. Thank You. Sincerely, Patrick L. McNear Cc Contreras Farms �c po7 - / BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS JUNE 10, 2007. 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 USR-1590 IN THE AGRICULTURAL ZONE DISTRICT. Chris Gathman Name of Person Posting Sign Signature of Person Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD ) / / The foregoing instrument was subscribed and sworn to me this f day o& li it U , 2007. WITNESS my hand and official seal. _ALL{L ) BILLIE J. MOORE Notary PUBLIC Public STATE OF COLORADO J My Commission Expires: OI EXHIBIT h1 LSR-*(590 wt iiLl'i: . s y~r::), • : . t ' "a� R yr ,� s ;4 Lk x .3 n, ij....$';''y •�fx• ' e : t.- - 4:...;i et.,-, } .' a :. wt«€. NOTICE ice, .. � � ,, �i'`xG `,74W:',:4,-,,,J."..-'..`:f A'4A 8 "Y 14 dvx taps tl - 0' }� `.�'r.✓i"y', 3 ,. ,,, , t , a '�f' ; A PUBLIC NEARING CONCERNING 1 a .*fx4 ,r�� `� �� "�� '� �� :� THIS PROPERTY WILL BE HELD AT: �, �� 4 r � �� ' 1` yak .'t D'T� Ate .2 b,� r "Y '.44 '., ,,,\,75, �.i�• r y , w} rY .,' ON .20 AT ' •?.- t s�. e� z,t� t °,. '... 1::i*:,' 1'x"": ji. A 'ii 'd , ` flYi )tyl NAME Lt. nr y^ rL "�'�. y ^ , � C 1t�.k$ # �` ,`Y4°� r }4 R v14, !t`d REQUEST ` �'� y}�qq�� y� gy {�,i T 1 e�S�a { a0��?y - ky Wr I 1yy Ay Nk �A .� r '• ` i(�r `A .Att : CASE NO. < ACRES i r : '' 5 . • }�Xl7 .1 I 1 rC * FOR MORE INFORMATION CALL F" �u� + r - 'r./,• ‘....;--, • n ! MiY.. nP �1 ,ty �.: WELD COUNTY DEPARTMENT or " ` t ' ' ;' PLANNING SERVICES AT * . ,., »'�' T 4 ,' :'O64.4.,,,,",l.?.,E f (970)353-6100 ext. 3540 �� 'I/. r a p, t 4mil� s 3. ° 'x• 1ab;-. , 3d fY tt r + r �C'R. +k ...,„4,; @ 7f ,� .. '' s,u rF v r- a y k. b• Wa� .e k a 'Y'"`�;s � +}a tl �4 'y �t <.gj.'a✓y 1' Y,' Clerk to the Board of County Commissioners Weld County Centennial Center 915 10th St. Greeley, CO 80631 June 12, 2007 Attention County Commissioners Re: Docket# 2007-45 Contreras Farms, Inc. Dear Commissioners, We have owned property north of the parcel identified in this Special Review Permit since 1999, and have lived there for six years. We graze several horses and raise small animals. We met George Contreras last year when he stopped by to ask if we were interested in selling part or all of our land so he could drill another well to satisfy the County. After Ron and I discussed it we decided that we did not want to move. Eventually, when we retire we hope to spend more time on our property. We knew that if we sold him 35 acres we would have calves up to our back door. When we received the notice of the first hearing from Weld County Planning, I contacted Planner Chris Gatham. The letter stated that Contreras wanted to have 1,500 calves. I responded that it looked like he had that many already. Having read the file I see he did have 1,400, double what he was legally allowed. So now he is asking for permission to have up to 5,000 calves. What will stop him from having double that amount? How will his operation be monitored? What will the penalty be? Just another fine? We think he will have as many calves as he wants regardless of the zoning. We also have some concerns about the notification process. I saw in the case file that a sign was posted 1/25/2007. Ron and I drive right past that spot twice a day everyday and we never saw a sign. It either blew off or was removed immediately. The notice of the hearing was posted in the Fort Lupton paper? I don't even know where to buy a Fort Lupton paper. The noise at the farm is already quite noticeable. At feeding times we can hardly have a conversation on our back porch because of the calves bawling. Then when that quiets down we can hear the radio station that the employees listen to, the feed and water trucks, etc. What will another well closer to our well do to our flow? How does his purchase of a share of water help us if our well dries up? If this operation were to close down for whatever reason it would take years to replace the short grass prairie that was once there. We've seen this with past �.Y t P N 1 pP1 � /" ID4:.K r,. f yj,Ty neighbors who overgrazed their pastures then moved and left the rest of us to deal with the blowing dirt and tumbleweeds. We used to have a herd of mule deer and antelope come up from the south and across the west end of our property. Since the calf operation began they have disappeared. We understand that the land is zoned agricultural. But there is a reason that past Weld County Commissioners put limits on the number of animals allowed. This is not "prime irrigated farmland", but a fragile ecosystem that can not support such intensive operations. Just because we make our living in town and George Contreras works from home, does not mean that our property rights should be of less importance than his. If this Special review is permitted, we would ask that the County closely monitor this operation for the number of animals, the noise, smell and dust, and that the applicant provide at his expense a solid metal fence as well as plant material along the entire north edge of his property to lesson the impact on our property and others to the north. We are not trying to deny George Contreras the ability to make a living on his property, but if this Special Review goes through it will make a huge impact on what we can do with our property, as well as the surrounding properties. Sincerely, Kathryn A. Luepschen Ron Meek 38747 WCR 63 Galeton, CO 80622 970-656-3886 Page 1 of 2 Esther Gesick From: TopMojo@aol.com Sent: Tuesday, July 24, 2007 6:44 PM To: Esther Gesick Cc: Chris Gathman; Contrerasfarm@aol.com Subject: USR Permit#1590, Docket#2007-45 Contreras July 24, 2007 Clerk to the Board of County Commissioners Weld County Centennial Center 915 10th St. Greeley, Colorado 80631 Attn: Ester Gesisk RE: USR Permit#1590 Docket#2007-45 Contreras Dear Ms. Gesick, This past week I have been in contact with Chris Gathman of the Weld County Planning Department to advise him of problems the lender was experiencing as far as closing the type of loan that she had originally set up to purchase the property which is the subject of this case. The recent restrictions placed on lending for property like the subject has delayed closing on the subject property for over three weeks. As of about 1:00 p.m. today Mr. Contreras received approval for the new financing he was seeking and is now scheduled to close on the property Thursday July 26. In light of this delay we have pushed back the date to close on the water rights to be used for augmentation of the domestic water supply as well. I have recently received a copy of the redrawn maps addressing the location, size, and redirected drainage which were issues to this case. Also, Kim Lawrence the water attorney is not available at this time. Having shared that information and discussing with George Contreras this matter we feel that he will be better prepared to present all information concerning the case at a date after closing. You indicated that the hearing on August 22 was available. If that date is ok with Planning and other departments please reschedule this hearing for that date or any time sooner that may come available, as we are anxious to present the case to the Board of County Commissioners. Please advise me if there are any problems with this request at Scott Realty Co., 1212 8th Avenue, Greeley, Colorado 80631 (970) 352-1212 or by E-mail at my address. Thank you. Sincerely, Patrick L. McNear EXHIBIT ;Arc,:0 7/25/2007 20c1—(565 Page 2 of 2 Cc Chris Gathman Cc Contreras Farms Get a sneak peek of the all-new AOL.com. 7/25/2007 BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE • THE LAST DAY TO POST THE SIGN IS August 12, 2007. 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 USR-1590 IN THE AGRICULTURAL ZONE DISTRICT. Chris Gathman Name of Person Posting Sign A,1,O,3 tiat&-t Signature of Person Posting Sign • STATE OF COLORADO ) ss. COUNTY OF WELD iltr The foregoing instrument was subscribed and sworn to me thi day of , 2007. WITNESS my hand and official seal. Notary Public BILLIE J. MOORE NOTARY PUBLIC �1/��/]O STATE OF COLORADO U My Commission Expires: I • EXHIBIT L A '_ / a � ,` , . AJ ; fry t't F &,y E a J 1 na 1r i } k it' r iI N� } /' c` '. z t. ? I ; � 4 , � . /t ` t S xr' a •r I 1'' a., Jy' L Yy �T.• ,t ,il'_ I . d! '- t #,r'' t r r - t i j r � tl 1 {.r' 1 l i� t f } � , , c A } tyy - 1, ; rr'' ,r .9 r f✓. } i 4 } ' S�. J `7+ d'iJ 3 �'' } r5. / _ r U i ,1,/. .t.,, .. TT,j Ni.- L ` '< A PUBLIC NEARINC CONGER t — l' t THIS PROPERTY Wilt BE NE!@ AT >; ��, �, ;,j il; , qis lot Stic4 0 G G , ,, 3� r" r / rj f ! QE£iWS'I aXag# .. ►' ,� ';. :,. Il$ r 'r ' > % • 1 ��// �^��y₹IR��Xyy. ( i f ! ° f Tw{*.Ott Ip. f r a f' i REQUEST i746Rix a � i r,[- ' y t U5z 15 0 t/yo , , ,r � d ,I .V ' CASE U0. ES. t , f,: FOR MORE INFORMATION EALI. ,� � � , ,,�,il- �� , I,, 4R» ' ' - " WELD COUNTY DEPARTMENT01.4/...4. J•'. f" ' ;_ ' ' ✓1 PLANNN(G SEERYIFE$A ,3s . 4 I . a r ...14 , t . U Y 4 e.7l= v 7,1 ` x :1 r,� h"m '� *rt ?ya',§+4yn a�'a� P 7 = ",° , -t „All` '-'j t rxi5,�r J q�yr 3 r�Mi4 Ai rr -p H4 1 (`` � • .gyp 4.+" t .I 1 _ p 1 a • 3 1 : i e .s Q e�n ,hex /, `\` ifts F - 04 i ff '2006%r $ypp 'P-` ,, t ,,,t y'�IS',, ;t' /4.,..',. 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Mf g, v '1�• 0 S LIND, LAWRENCE & OTTENHOFF LLP Attorneys and Counselors at Law 355 EASTMAN PARK DRIVE,SUITE 200 WINDSOR,COLORADO 80550 GEORGE H.OTTENHOFF TELEPHONE:970-674-9888 KELLY J.CUSTER KENNETH F.LIND TELECOPIER:970-674-9535 BRADLEY C.GRASMICK KIM R.LAWRENCE kim@llolaw.com DAVID P.JONES P.ANDREW JONES CHRYSTEN S.HINZE JAMES D.BRAMER' ROBERT J.HERRERA RICHARD T.LiPUMA+ 11409 BUSINESS PARK CIRCLE,SUITE 110 KAYLEA M.WHITE CI.INTON P.SWIFT FIRESTONE,CO 80504 THEODORE J.FINN TELEPHONE:720-494-4488 MEGAN R.PETERSON- TELECOPIER:720-494-7766 'Also admitted in Wyoming 721 EAST LINCOLN WAY ♦Also admitted in Illinois CHEYENNE,WY 82001 —Also admitted in Wisconsin TELEPHONE:307-635-2480 8/21/2007 Contreras Farms, Inc. 30189 Weld County Road 78 Eaton, CO 80615 Mr. Pat McNear Scott Realty • 1212 8t Avenue Greeley, CO 80631 RE: Contreras Farms, Inc., Well Augmentation Dear Jorge and Pat: At your request I am providing this letter to report the status of the augmentation plan for a proposed commercial feedlot well to provide the water supply for the Contreras calf feedlot. I understand this letter will be shared with the Weld County Commissioners. Jorge plans to drill a well to produce 15 gpm at a depth of 450 feet deep. Since there are other wells in the vicinity, including one that Jorge owns that produce a similar rate of flow, obtaining the physical water supply should not be a problem. The depletions you have calculated for watering calves will be 2-3 acre feet per year, a relatively small amount of water. Don Magnuson the Manager of the Lower Poudre Augmentation Plan has provided me an Augmentation Agreement between the Lower Poudre Augmentation Company, New Cache La Poudre Company and Contreras Farms Inc. Don and I have agreed upon modifications to the Agreement and he is submitting the Agreement to the Board of Directors for approval. The approval could not be • F:100 Water\Contreras Farms\Correspondence\Contreras 07 08 21.doc I EXHIBIT J obtained before August 22nd, as the Board did not have a meeting since Don and I worked out the terms. I have recommended the Jorge accept the agreement with the modifications Don and I have agreed upon. The Agreement will provide for augmentation of the new well once it is approved by the Lower Poudre Plan Board and 1 share of New Cache water is dedicated to the Plan. I understand Jorge owns the property and 1 share of New Cache needed for the feedlot. It is my opinion that Jorge will be issued a well permit for the new commercial feedlot well once the Augmentation Agreement is approved. I will need to file an Application for the new well in the Water Court and file an application for the well permit with the State Engineer once I have the Augmentation Agreement in hand. In order to allow the well to be drilled and used pending the approval of the Water Court application, which may take up to two years, I will file a Substitute Water Supply Plan (SWSP) pursuant to§37-92-308(4)C.R.S.The purpose of a SWSP is to allow the use of the well water pending the approval of the Court decree since the Court process is rather lengthy. Based on my experience I expect a SWSP will be issued given that augmentation will be provided by Lower Poudre. It is my recommendation that the Commissioners approve your plan subject to the • condition that the water supply be approved by the State Engineer or the Water Court. Sincerely, LIND, LAWRENCE & OTTENHOFF LLP Digitally signed by Kim Lawrence KCB �-v'4.4.^f 4* ^f Location'.Windsor,Colorado l� Date'.2007.08.21 13:19'47-06'00' Kim R. Lawrence KRL/krl • F:100 Water\Contreras Farms\Correspondence\Contreras 07 08 21.doc 2 PL1901 1 Oversized SITE Map Exhibit K Not Scanned Hello