HomeMy WebLinkAbout20071229.tiff MEMORANDUM
c. TO: Clerk to the Board 4/10/2007
COLORADO FROM: Chris Gathman - Planner II (, ,
SUBJECT: USR-1595 Prior to BOCC conditions
The applicant has addressed all prior to Scheduling Board of County Commissioners Hearing
items for USR-1595. This case can be scheduled.
SLIM( TEAMWORK.INTEGRITY,QUALITY I EXHIBIT
E
2007-1229 *t5 5
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SURFACE USE AGREEMENT
This Surface Use Agreement("Agreement")is made and entered into this day of January.2007
by and between Garrett and Carla DeVeVries Family Tntst, ("Owner"), and United States Exploration
Company(" eDo.rator");sometimes referred to each as a"Party."or collectively as the"parties"
WITNESSEPH:
For and in consideration of the covenants and agreements contained herein,and for other good and
valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the Parties agree as
follows:
1. OWNERSHIP. Owner is the surface owner of certain lands located in Weld County,
Colorado as more specifically described as follows CUpgtg"):
Township 6 North,Range 63 West,6a P.M.
Section 31:Part of the SW 1/4
Operator owns a working or operating interest in a valid oil and gas lease or leases covering all or portions of
the Lands or lands pooled or included in a spacing unit therewith(each a"ju,"collectively,the"Leggy").
2. OPERATOR'S OIL AND GAS OPERATIONS ON THEI.ANDS. Operator may drill or
cause to be drilled one oil and/or gas wells on the Lands flail "). In order for Operator to drill,construct,
complete,produce,maintain,and operate the Wells and all facilities associated therewith,including,but not
limited to,access roads("Arens Ronda"),pipelines,flow lines,separators,tank batteries,electric lines and
any other facilities or property necessary for Operator to conduct operations on the Wells(each a"Par3H vt ,"
collectively, the"Fain"), it is necessary that Operator enter and utilize a portion of the surface of the
Lands. The Parties enter into this Agreement to evidence their entire agreement regarding the payment of
surface damages,entry,surface use,and any other matters relating to Operator's use of the Lands.
3. LOCATION. The approximate location of tie Wells to be constructed,Access Roads,Flow
Lines and one Tank Battery are depicted on Exhibit"A." The location of such facilities shall not interfere with
Owner's existing use of the surface estate and the operation of the irrigation sprinkler system on the property.
Operator agrees not to use any more of the surface of the Lands than is reasonably necessary to conduct its
operations;provided, however, that each Well site will not exceed ja5 acres,or 220 feet by 350 feet in area
during drilling and completion operations and 40 feet by 40 feet after completion,absent written consent from the
Owner.
4. s ONIITTCT OF OPERATIONS. Operator's operations on the Lands will be conducted
pursuant to the terms of the Leases,this Agreement,and the rules and regulations of the Colorado Oil&Gas
Conservation Commission("COGCC").
5. COMPENSATION AMOUNT. Operator will pay Owner the sum of$5.000.00 for each
Well location and the associated Facilities, prior to the commencement of actual drilling operations
("MBount"). The Amount is hereby acknowledged by Owner as full and final consideration fur Operator's use
of the Lands for the purposes enumerated in this Agreement and for any and all damages caused or created by
reason of the reasonable and customary ingress,egress,rights-of-way,drilling,completion,production and
Pegs 1 45
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maintensnce operetions aaeociated with the We11s and Facilities. Such dmrwgca wi111nclude,widtwt limita4on,
dam�ge ro grov�'3n8 G�,�►aP�.Qrc iem0�sl,traneporlation and careof livestack re-eeeding,catstru�on atd
uee of Accean Roada end the prepuatia�and uae of the Well site ateas;Prrn'Wed,hOwever,that�f afta the initial
dnliing,cotnplMing md equipping of tha Welis end FqFjlitin foY ctlon,
E�� ������bsequent
ope�sda�s d�erem.including,butnot limi6ed ro,re-fracdc�Ing operedons on tho Wells.end auch opereuona cewlc
in additionel cmp loaces on the I.ends affectod thereby,Operetor wit(limely reimb�use Owner for rhe acwa)net
valae of such crop ioss. Opetator shall camfine its use of LaM to that hwein gtanted.
6. ADDITIpNAL S �[ FprR USE PROVI3IONR AG['uSR gpp� ��
�CII�. Withres��ecxroiisopentiaqontheI.ands,Operetawill
complY with the followingp�wisione:
A. Access Roede:
U) Accees Roads will not dceeed?A feet in widlfi during drilliu�g t�pqafiona and
10 fcet thercafter.
(;i) Opaatorwillmkemasonebleateperoma�mthstallef�vehklesacewingthe
Lenda on its behalf re,main on the Acc�s Roads.
(iii) Opwator egrees to badcalope a11 Acceaa Roads.
GY) Operaror wUl proride Owner with a minimum of 10 days priar winiuen notice
befoca�eaiming die sucface of aU e�ecesa Roada to be permanenfly eberadoneA by Operetor. No
letar then 10 days tolLowing iaeipt of auch notix,Qwnv may elep,in wrim�g,uot�have such
Accesa Jioads abandoned by Opeiatar. in sucA avenk Operaror w111 have no liabilityw�derthis
Agregment,theLease,orotherwLsa,ro reatore tl�e surface of theiands u6lfad as Acoeas Ronds.
•� Failurt to tirrtelp respad will be deemed u Ownu's elac6on that Operamr proceed with the
abendorn�ent of dro Accees Roed9 and the reaWredon of the aurface thereof.
(v) OperaoorwiUatockpilemidaaveanytopsoilrefrwvodwi�ikconawctingAaess
Roads for rehabilimtion ot re-seed'mg as teesonably diraYed by Owner.
(vt) Opaator will meintain ell Acceas Rosde in good repair end condition.
H. Stiufxe ReahweH�:
Upon permanmt ceaeation of Opertlor's opaa6ons on the Luda, all ernsa thereof
occupied a ud'littd by Operator will be rato�ed 6y OpenWr to thelr otigfnal conDouras t�eaziy
as is reaeonebly pcactleeble,snd ra�so«led if no requpfed bY Owrwr provided however,dwt
OErrata's itroene m abandon any Acces9 Roeds will be aubject w the provisions of Paragraph
6GU�va t�ain.
C. Other.
G) ���wiill install culvats on tLe Lands that may be necessaty ro mainfain
pteaent dreinage and inigetlon oth�vix affe�.led by ite operetfone on the Lands.
(iJ If by reason of the activities of the Opemtor, including, 6u[not limited tv,
drtllln8,��F�&eW�PP�ng�and aperedng of the Wella.tl�ae is unandclpazeQ damage to
.^-� r.�:as
03/05/2007 11:15 9703523165 W�B.1 PA6E 04
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personal property of the Owner,including,but not limited ta,inrigation wel]s,fe�.es,culv«ts,
b�idBeg,P�lines,Qiochea,or irtigalion systems,ppetaqp�wiQ tepe'u rx replace sttch iterm efter
wr►sultadon with and tn the maaanable satisfeaion of the Osmet. Ownei'will notify()peta6orof
a�y Iorms damaged sftor the Welt's wnspuction and pp¢�rwp�tepyror replace such itmss
after conwltation witl�t}te Owt�ar w{thin 15 days of oewnrnce.
(iW ��'aBrees thet all trash.mtuse piPe.�N��4 Nquids.chemtcals,or
amar ma�riels brovght on the lands tl�at ue not qaessaryforoonUpued opeta[io16s of the Wells
rvltl be rertwv¢d md�ed awaytmm tbe Lands no IaOe�r thm 30 days akathe completian of
the Walls,unlcvs prevtnted by advax weather cadi6ons. No such items will be bumed or
bmied on rhe L.ands.
(!v) All ExplORdlion and Produetion Weshe shsll be ranoved itoni the water and
reserve pits.
(�) The drill sik ahall be�e-leveled in a menner and as often aa rrecesauy to re�ol+e
������s�8���su tl�ettl�e drill aite will irrigete in d�e eame mantier ag exiated
prior ro Ope�ata's e�my on the Land,�.
(vil Diaing all wccavatian aperatiot�s,iheropsoll,and each subaoil hoCizon,t,if more
then o�e,ahsll be removed and sepa�emely smckpiled. Eecb aoiJ hotizon shall be replaced in irs
orig'inallocation. Alldraina�eardxepolawhichaiedemaged,shallbcrefwiredandroplaceel.
(�'W OwnashalibegwvmwTimerimdcaeNerallmateeielsaremnovedfmmtbepirs
a�d at least thtee(3)dsys notice before dx pits ere closad.
� (viii) Owner shell be givrn nottce befrne commencement aF ape�atioos.
G�J Opecaeot agrxa ro ronducc a11 opuation�in such e mmma as to miinLnize the
interference with Qwners fertning op�ations and in no eve�n m in0eifere wilh Oane�a opa�a6on
af 9b iarigation syatans on the p�y,
7. DEFAITLT AND BIGHT CIJ�. [n tlie evprt of ellaged default by Operator in the
p�yment of a�y of the suma hmainabave provided ro be made,in obligations W be perfom�ed,or eny other
tetms,conditio�or coveqeqty p(1Ni9 Ag�cert�ent,Owner tvill noFify OperaGor,by certifted mail.��ecelpt
raqucvted,of rhe dleged defwtt Operetoc a•lll have 30 busineas days from iecaipt of tNe wr#tten notificaflon
in which b curc iho defaul4
Except es othenvise agreed in wrldng,n0�vaivor by Owner ot atry breach by the Operator of any of its
obligetiot�,egreart�enta.rn covenante herounda wi71 be deen�ed W be a waiver of eny wb�ueat or con6mring
breach of the sarre, nor wi1►any frnbearancs by Owner to seak a remedy for enY breach by the Opecator be
deemed to be a waiver by Owner aF iLv righls or remedfes aath respect to such brrach;however,in rro event
will Opastor be tiable for edditlonal paymeM for teasa�ablY�dclWtd damages m the Lands caused by
Operawr'a oil end gas opeta4ions,and in no event wi11Operatw be liable fo[coatequrntial damages.
8. ���VTI'Y/BELEASE.
A. Except es m edditiona!surface dart�egee endlorarop loss due m suhxquant operadons
as specified in Peragraph 5,Oa�ner hereby relea+es snd sgrees Lo hold Operetor hermless from eny end
all llab��ity of aod Purtherpanment for dameges on�be Lantls which arise or may arise from,out of,or
� Pye3of5
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iu� connection with OperaWr's drilling a�d crnnpletion of the We11a and relaoed Fec�(ides, end
Operator's nwmal.rouNne operadais�hereafter.
B. Opentor ag�ecs co indemnify and hold'Owner hartnless trotn enY Atd all c[aims,
demages a�d csuves vf action arising a�[of and ceused by Opereror's operationa on the Iand�fhat may
be assetted bY anY of OperaW�''e sgams.employeea,aubconrrectas.wninc6ors orP����B�P�
the Lands at the iequest of Ope�ator.
C. 7'he Operatu'shell ii+demnlfy and hold Owmer.hsrmlesa from eny and a11 claims of
wharever nawre whataoever by Owrter or Utitt1 parties a�sii�g{rom m re�ated m ppqafa�s caiduct of
operotiona on ownacs property (except for emp and surface u4e and demaga for which Owner ia
compensated under Secdon 5.,above).Operaboc yhell itdemnify uW hold Owner haimleaa iiam any
md all clsinn arising fiom or related m Operator's copduct or operatlona und�the Comprehensive
Environmerttal Responae.Compensation and LiabilityAct,Re.vource Conaervetion and Recovery Act,
Oil Polludon Act,Cleen Webu Act and aIt other a[ate and fedaral lews,rules,or rcgu�atlpna.
9. WAIVEROF30-DAYNOTICE. Ownerherebywaivesthemiutimunn30-daywaitrennvtice
requirem�t for opa�tiocu b begiq aod uiy other notice or conaulhEaon�equiremenb of the COGCC. Witltout
waiving dte fore8oin&Op�oraBrces it w71 provide en initlal tw4a ro Oamcr sffer it tw wbnith�i a reaquestfm
pemiit W dtitl from th�Ca6CC.
10. �tO74C$FOR ApDITIONAL OP�A s'�ONS. OperaOor witl conq�ty with COGCC tulea
axf reguluiona requiring fhet advenca na1[ce be provided ro Owner for subsaquent ope�ations oo the Wells,
i�luding,but not limife�tp.tewodting operntjpn�thpeto,
� il. 01'�, CFS[ . Natice by either Parry wlll be promptly given, otelly if possibk (with the
eucepiion of the default notice doacribal in Psregaph�,w[th subxquentwritton oonficmafion sentby United
State5 mail,postage prepaid end addressed to either Party at the address es deslgnabed below;qr to such othu
place av eitller Perry may from time to dme deaignabe by noUce to the other.
Owner Oo�ator
dartett u�d Cazla DeVrfes Fsmily 1'nut Unitad 3tatea Ezplorepions,Inc.
35500 Rertwna Expreasway 1625�roadwap,Suitc 301
San JuinW,CA 92567 Denva,CO 80202
Phone:970-356-3693
12. �I Q�C. Tbe covenan6 and condidons hmein wntained end all of theprovisions
of this A greemeM wilt inure ta�he benafit of m�d will be b►tAdinB�Po'�the Parties hereto.their respective heirs,
nepresendfives�aucceseors ar essitg�. Owner agites to eont�t mry and ell tenenls of Lsnds ar any other thitd
partiea utilizing the surFace of�ha Lazds thet may be affacbed by Opereror's acdvitiea on t6e Lenda II will be
Owna's sole responsibiltty tn edvfse such thind partiea of the exiatmce of thia Agreementand Operator's�i�tto
udliuethe sueface af the Lends piusuent tothis Agreexr�t for thepaymant of any conaid¢�reqon,if any,due such
thicd pury fran Owner.
13. CONFID�'. The PeAies agtoe to kap d�eumlt end conditloosof this Ag�mnent
confidendal and will not diselose eueh matters tn aoy thi�d parly wtthout die advanee writ�consentotthe oMrff,
a if wdered to do so in ale8�P����& While d�e specific tenns be�eof are Eo retnein cbrtfidenfial bKween�he
�• r.e.aers
03/05/2007 11:15 9703523165 4AB.7 PAGE 06
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Parties,Opereoor m�y record a mr�norerdum oP this Agr�t in Weld Counry,Colotado.
14. EN'!'�AF AG�Mis.NT. This in5dumrnt conMins the entire a�ecnettt betwem�the Parties
and mey not be modified orally or it�my dharmanner other then by agreement in wtidng sigrted by atl Pardes a
their respec6ve suucxvors w assigns. .
I5. �1 . 'I'his Agrearumc q�ill rentei�in full fatce and effect f0[so long es Operator has ehe
right to conduct oil and gas operetiona on the Lu�ds pursuant to the I.eases; provlded, howevet that the
dexmination of this Agrcen�ent wilt not relieve the Pect;es from thcir rn9poctive obliiget�ons or ilebili4es arising
herein prior W such t�mination.
16. COUNTERPARI'8. '�'his Agreement may be executad by facsitnile,in counte�rpac�s,each of
which will be conaidered an oti�inal and�forceable again�t either Pany.
17. �VE$NIIYG LAW AND VENUR, '(ryds Agree�nmit will be govemed by,consttued and
e�otced io accordence with the laws of Colwado.
18. AGRE�11�$1VT'PO�1tBiTItATE DISPL�OVER A E��+nrr OR
OPERATOB'S OP&RATIONS ON'�'tIE LA�4. If any dispu�e arises betwem Ownermd Opelatnrwith
reapect tn thie Agreemeny the I.eese,or from Opeiator'a operemiions on the 1.ends,wch dispute cvill be resolved
through arbiihatia�.Any such ubitration w71 be conducted by tf�e Judiciel A�itet Group("iiA(',")In penver,
Colocado,by a single arbitrator employed 6y ox associated with JA,G. Such arbitrator wtill have at least 10
years expuience in oil and gas,eltbec by work directly in tlte industry or u a lawryer or a judgefuniliar witl�oil
and gda iasues. Eitlier Party may aerve upon the other a den�and for auch a�tiltratton,which should be saved
by fa�c and mei1,qr by hend de(ivery. Owner and Operator agree that iP eidter of them inlHstea a demand fot
suclt s[bikation,Owner and Operator will d�ere�fter attempt to mumally ag�ee on the selection of one of tNe
� JAd arbitrators to be rhe erbitrator. Owner snd OpaaOorwill canfer on the selecfion of such azbitrator within
10 days after the demend for ubitradon ia aerved,and will agree upon the selection of a JAG atbiVator,if
possible,within 20 dnys aftec the acbitra6on derp,at�d has been scrved. In d�e event that Osmer snd Qperator
are uneble ro agree an the selection of aueh a�ihamr widiin ihis 20-day time periad,thm Owna snd Operato�
will�rl�submit w JACi,viafax,[he c�amea of ffirea atbih�'s (meeting the requistte e�cperience specifled
ebove)wta are ennployad by or associaeed with 7ACi,wfiom eech would find accepfable to be the arbitrator.
Such submiasion W JAG will be tneede on the fiflh businas day aher the?A-0ay dme period re[ercnced abova
haa expiicd. ]AG aill tltereafter selat fratn the aart�es submitted by Owner ond Operator a aing(e ar6itrator
who wGll heer end dxide the arbitratlon. The ubitrator will issue an arbidation decisioa within 30 daqs after
the az6ltration trearing ie concluded. In the evart thatJ.4,G no Ianga exisls,U�e arbiVetion will ba wnducDed
by m Am�ican A[bdtrsnion A�socinlian arbitretor wder dre nilas of thc Amutcen A�bitration Aaeociazion dien
exiating. Any deciaion by ihe arbltraWr relating to the dispuoe between Owner and Operawr will be final a�d
binding upon both Ownar and Opaacor.
19. SUCCESSORS. Tltis Ag�eement consHtutes a cavenark mm�ing with ehe Iands and wll1 be
binding upon and inure m the ben�t of,and be epfurceayle 6y,the Perties and their respective auccasso�s,
adminisvawts.Wstoes,executors and assigns.
20. A,U'CHORITY OF SIONATORI&5. 't�e signatoriey pelow dalue,warnnt and reprmait
that they have ttrc authority to entaz intn thes Agreement on behalf of their respective principals,if any.
21. A1"fORNEY'S FEES AND CQS7S. The Parties egtee durt the prevailing Party in any
ackion�esuldny fzom a subaWntial breach of this Agreemenl will be eofided to its reasonable ettomey'a fces
and cosbc incurre�the[ein.
� riye 5 at 5
03/05/2007 11:15 9703523165 W0BJ PAGE 07
IN WITNESS Wf�REOF,the Putia have set their tiands,the day and year f�at wrinen abdve.
OPL�RA,TDR
Unhed Smcca.Explwa6on.L�c.
By.
OWNER:
Oarieu and Carla boVries Fafiily 1Yust
By:
� 1�
� r.e.se�s
B3/05/2007 11:15 9�83523165 WOBJ PAGE 08
nttadied to and �eferenoe mada s Fxhibit "A"
� �2D07. bY and bauwean Utl�ed�s SlNfece [16C AgreemeM dafed
DeVriea Farrdy Tnut,as'Surtaoe Owner'�ering the foElo�w'x��jr�ds,�'as'USX'arW GsRe1t end CaAe
�!liR. 9
Sedion 51:YMf�4 j�r�<�„i
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Pie Charts ^ ^ Page 1 of 2
Chris Gathman
.-.. _ _ __ _ _ __
From: Jesse Hein
Sent: Tuesday, March 20, 2007 9:49 AM
To: Chris Gathman
Subject: RE: DeVries USR-1595
Chris,
Public Works has reviewed the points of access and circulation plan for USR-1595 and are in acceptance.
The applicant has fulfilled the requirements of the Public Works Department.
Please let me know if there are any questions or concerns.
Jesse
From: Chris Gathman
Sent: Monday, March 19, 2007 3:56 PM
To: Jesse Hein
,,._ Subject: FW: DeVries USR-1595
Jesse,
I saw your memo last week indicating you had signed off on the revised CR 61 access location for USR-
1595. I wanted to verify that the remainder of the access and circulation plan that AgPro submitted to you
was acceptable. Evidence of your approval was a condition prior to scheduling the BOCC hearing for this
case.
Thanks,
Chris
From: Cody Hollingsworth [mailto:chollingsworth@agpros.com]
Sent: Wednesday, March 14, 2007 11:09 AM
To: Chris Gathman
Subject: DeVries USR-1595
�
Good Morning Chris,
I have attached a letter addressing the prior to the board conditions for USR-1595. Along
03/20/2007
.
Weld f,ount�� P'�ening Depa�tmeflf
�� GR --� n��!r,E
�- �' MEMORANDUNY'``�` ' "°°'
'� � '� ��L���ED
TO: Chris Gathman, Planning Services DATE: 3/12/2007
CFROM: Donald Carroll, Engineering Administrator �
.
COLORADO SUBJECT: USR-1595, Monta Vista Dairy
The Weld County Public Works Department has asked Dust McCormick, AgPro
LandPro, to relocate the existing access south of the intersection of WCR 64 and WCR
61. The applicant has relocated the access point 180t feet south of the intersection.
This meets the requirement of the minimum of 150 feet.
Public Works is agreeable to realignment and entrance location provided. This should
reflect on the final plat drawing.
Pc: Dusty McCormick, AgPro LandPro
USR-1595
Jessie Hein, Public Works
M:\PLANNING-DEVELOPMENT REVIE�MUSR-Use by Special Review\USR-1595-A.doc
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BOARD OF COUNTY COMMISSIONERS' SIGN POSTING
_ CERTIFICATE
THE LAST DAY TO POST THE SIGN IS MAY 6, 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-1595 IN THE AGRICULTURAL ZONE DISTRICT.
Chris Gathman
Name of Person Posting Sign
�/" --V-, �CI�^�✓�
Signature of Person Posting Sign
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was subscribed and sworn to me this "1 day of� , 2007.
WITNESS my hand and official seal.
O�ApY'P�Bl�c
�:'
'. BETNANY �'•.
N tary Public �n�; A� :'O
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FOf C0�d
My Commission Expires: I����-l'd 1
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Monte Vista Dairy
usn Is9s
Applicant: Garrett and Carla DeVries
Family Trust
c% AGPROfessionals, LLC
4350 Highway 66, Longmont CO 80504
— Name, address, etc.
EXHIBIT
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Request
• Use by Special Review Permit
• 10,000 total animals
• Up to 5,000 milking cows
• +/- 122 Acres in USR Boundary
• Over 750 total acres
^ 1 . The DeVries family is requesting a Use by Special
Review Permit for 10,000 total animals, limited to 5000
milking.
2. But the dairy is designed and the parlor sized for 4,500
milking cows
3. Any cattle numbers above 5,000 milking cows would be
dry cows, heifers, bulls and calves
4. This is near the average size for a modern dairy
5. . . ..
6. Here are some comparable permitted facilities
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Relative Size
• Comparison of Recent/Local Permits & Operations
• Longs Peak Dairy
» USR# 1395
» 2003
» 10,000 Total Animals, 5,000 Milking
• Great Western Dairy
» USR# 1583
» 2007
» 8,000 Total Animals, 4,000 Milking
^ To give you a comparison of relative size of recently
approved local dairies in comparison this request are:
1 . The Longs Peak Dairy located near CR 39 and CR 92
was approved under USR # 1395 in 2003.
2. It was permitted for 10,000 total animals and milks 5,000
milking cows
3. The GW Dairy was approved last month for 8000 total
head of which 4000 was milking.
4. . . ...
5. Here is where. . ..
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Vicinity Map
^ Here is a map to give you a general idea of the location of
this facility.
1 . Our site is in the top right corner of this map.
2. The site is approximately 11 miles east of Greeley
3. And 8 miles north of the 5 Rivers Kuner Feedlot
4. Here is the Old Webster/Cervi Feedlot.
5. . . ..
6. Our site
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Use-by-Right
• DeVries Property
- Over 750 Deeded acres
- Table 23.1A-4 Cattle per acre
- 3000 Head Use By Right
- SWrted Milking in April
- Currently 1700 head
- USR site is 122-acres
" 1 . The DeVries Family currently owns approximately 750-
acres.
2. Weld County Code allows for 4 animals per acre as a
Use-by-Right in the Ag Zone
3. This gives them the ability to build a 3000 head facility
with out a permit.
4. . . .. . ..
1 . The Monte Vista Dairy is currently operation as a Use-by-
Right dairy with approximately 1700 head at this time.
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MONTE VISTA DAIRY GENERAL LOCATION MAP
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1 . The Special Use area consists of approximately 122
acres within the 750-acres.
2. The site is primarily located in the North West Quarter of
Section 31
3. The USR site is surrounded with supportive farmland.
4. There are very few rural residences in the area.
5. . . ...
6. Next I would like to talk about site selection
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^ Location Selection Process
• Environmental
• Resources
• Social &Financial
• Land Use and Zoning
We have been working with the DeVries family for several years in trying to locate
,— a suitable site. In the location selection process there are:
Environmental Considerations
For both groundwater and surface water. Can the site be protective?
Prevailing winds. In relation to the Orientation of the facility.
Slope is a key ingredient to Clean and Manageable site. An east or south slope
is important for sun and drying.
Soils and the geology are important for the pens, construction and protection.
Resources are necessary for Animal Agriculture
Most important is Water. Both in quantity and quality.
A dairy also needs the same things that communities does.
Social and financial needs to be evaluated as well
It goes unsaid how important financial issues are. A family owned and operated
business like this needs a lot of services.
Land use and zoning requirements is why we are here today.
For the Land Use and Zoning Selection Process, it is important to find and area
that is not within growth development boundaries, that is in the AG Zone, that
— has similar activities and facilities, and most importantly an area that has a
proven support for agriculture.
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E�cisting Animal Agriculture
" Exhibit - Map of Confined Animal Feeding
Her is a map confirming that this area is willing to support
animal agriculture. The red dots on this map represent
animal feeding operations in the area.
1 . Our site is. . .
2. Here is the Wells Calf Operation
3. Etc.
4. It is clear from this map that Animal Agriculture is
prevalent and supported in this area.
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Weld County Agriculture
• Supporting
• Protecting
• Referral Agencies
• Ensure continuation
• Dynamic
• Increase in size and scope
• Growing
" 22-1-50 C& D "Supporting agriculture includes
protecting agriculture. . ."
The code has been excellently written and includes several
aspects that will ensure the long-term viability of
agriculture.
Weld County has done a tremendous job in recognizing
the changing dynamics of agriculture production such as
size and scope of these operations."
It has been recognized as a leader in all types of
agriculture, not just animal agriculture.
Supporting and protecting agriculture should continue to be
a significant goal of the County.
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Applicant Obligations
• Sec. 23-2-230 B. Uses by Special Review
1. Consistent with Chapter 22—Comp Plan
2. Consistent with Intent of District-A 2one
3. Consistent with Existing Surrounding Uses
4. Consistent with Future Development
5. Complies with Article V—Overlay Districts
6. Conserve Prime Fartnland
7. Adequate Provisions for Health, Safety&Welfare
" To be approved in this application, must show that:
1 . It is consistent with Weld County's comprehensive plan
2. It belongs in the ag zone
3. That it can be consistent with both existing uses and
future development
4. That it complies with any overlay districts and conserves
prime farmland
5. And that adequate provisions for health, safety and
welfare are achievable
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Obligations Not in Question
• Site is not located within an Overlay District
- Not in Floodplain, IGA, or UGB.
• This site is not "Prime Farmland"
- Soils are not in the upper classifications
These obligations have been met and the Department
of Planning Services is in AgreemenG
''' We have to comply with Article V IF the proposal is located
in any overlay district.
This site is not in any floodplain, part of any IGA's, or in an
UGB.
Prime Farmland is defined as the "Upper capability of soil
classifications."
The soil on site is primarily Haverson Loam and Vona
Loamy Sand, which do not meet that definition
Next I will talk about. . .. . .. . ...
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Provisions for Protection of Health,
Safety, Welfare
• Site Selection • Land Application
• Surface Water • Air Quality, Odor& Dust
• Groundwater • Flies, Mosquitoes, Rodents
8 Birds
• Dairy Water Supply
• Mortalities
• Water Supply Protection . Noise
• Septic and Sanitation . Light
• Manure • Traffic
• Storm &Wash Water • Codes, Referrels, Conditions
&Development Standards
" The provisions for the adeauate protection of Health, Safety and
Welfare and in our selection and design process there's:
SUCH AS:
1 . Surface water
2. Groundwater
3. The Dairy's water supply and water supply protection
4. Septic and Sanitation
5. Plans for Manure, Storm and Wash Water
6. Land application
7. Air Quality, odors and dust
8. Flies, Mosquitoes, Rodents, Birds and Mortalities
9. Noise, light intrusion and traffic
10.And finally the codes, referrals and conditions that determine
"adequate"
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Ground & Surface Water Protection
• Stormwater ponds • Dairy site hardpan cap
- Run on water • Ponds lined/
eliminated impeYvious
— Storm Event
— Contain Runoff
— State and Federal Law
Standards
— Reviewed by County
Health Department
1. First I would like to speak about water protection.
2. Water and water protection is probably the single most import factor in
site design.
3. Any precipitation that comes into contact with the facility must be
collected.
4. State and Federal Laws have set the design standards that require
collection of all stormwater for a 25-year, 24-hour storm, or a 10-year,
10-day storm, which ever is greater.
Additionally,
4. The compacted hardpan in the conals creates a barrier
5. What's not roads and hardpan will be covered in concrete
6. The Ponds are lined with 40 mil W stable High Density Polyethylene
1. Plans documenting this were reviewed and approved by the Weld County
.— Department of Public Health & Environment priar to these hearings
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Monte Vista Dairy Site Rendering
... . ..
- - .���� �1
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" Site Rendering w/ ponds
1. Design of the site is such that all water from the dairy is contained.
Generally this site drains to the South.
2. The two pond design allows for alternatives and ease of management if there
is ever an issue with one. There is also a storm-water retention pond South
of the Commodities area.
3. Ponds and settling basins are designed to contain a the storm event
necessary, this facility has been designed accordingly and has over 41acre-
feet combined capacity and 4 months storage.
4. The settling basins have been installed to help with ease of management
and solid collection.
5. ...
6. Describe site activity
7. Next are the Eng Calcs
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Engineering Calculations
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'' Engineering Calculations
This is a summary of our engineering calculations
1 . The storm event design requirement for this facility is
21 .9-acre feet of storage.
2. The facility has 41 .4-acre foot of capacity.
3. This facility will produce approximately 44,000 tons of
manure.
4. . . ...
5. Which brings me to Land application and Agronomy.
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Land Application
• Agronomic Rates
• Soil sampling
• Manure and water sampling
• Crop consulting
• Recordkeeping
• Required by State and Federal Law
• Reviewed & Approved
^ 1 . A Comprehensive Nutrient Management Plan, as
required by the EPA, State, and County, was developed
and submitted with this application.
2. It states that Anything applied by the dairy must be at
agronomic rates
3. Rates are determined by soil sampling prior to cropping
4. Manure and water must be sampled and
5. Crops and projected yields must be calculated including
factors for organic matter in the soil and mineralization
6. Records of the process must be tabulated and kept for
review and available for inspection by the health dept.
7. This plan has been reviewed and approved by Weld
County Health Department and conditions have been
added to the permit language
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Dairy Water Supply
• North Weld Water
» 2"tap—160 gpm
» 90,000 to 120,000 gallons per day
» 6" main in WCR 64
» WATER HAS BEEN PURCHASED
• Mu[tiple Water Rights
» 1 Domestic Permit
» 3 Irrigation well permits, 1960, 1930gpm
» 8 shares Timnath Res.
» 8 shares Cache La Poudre
» 16 Shares North Side Lateral
» 16 Shares North Extension
» Additional Water Rights and Wells w/Add. Purchases.
" 1 . Water for the dairy is being supplied by North Weld water
via a 2" tap with a maximum capacity of 160 gpm and 90
to 120 thousand gallons per day.
2. There is additional capacity in the line to support the dairy
as it expands to it's full build out.
3. . . . . . ...
4. There is a 6" main in WCR 64. Additional Water may be
purchase as the Dairy Grows.
1 . Coffin wells
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Septic and Sanitation
• Suitabiliry for septic
• Parlor on Septic
• Septic common in area
" 1 . Since there is not any sanitary sewer in the area, septic
systems will be used.
2. Currently the Dairy Parlor and Office share a permitted
and approved system.
3. next.
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Nuisance Controls
• Design Factors • Management Factars
— Depth — Dewatering
— Solids — Timing
— Drainage — Cleaning
— Square footage,pen — Harrowing pens
stocking
— Removal of Habitat
— Composting
Nuisance Plan Has been submitted and
approved bv the Health Denartment.
Factors built in to the dairy that control issues with Nuisance issues are both in the design and the
management.
Design factors are:
• To keep the Pond depths shallow. More than 10' becomes septic and anaerobic without airration
• Solids in ponds cause odor. This dairy has been designed to separate solids before entering the ponds.
• The pens have been designed for daily grooming and propper stocking rates.
.�-- • This facility has been designed and graded to eliminate standing water.
Some of the Management Factors are:
• Ponds can't cause much odor if there is nothing in them. And the family ownes plenty of land to keep their
ponds dewatered.
• Timing of dewatering and Cleaning solids from the separation system also help
• Pens are harrowed daily to level them and dry the pens
• If roads are dusty, water, calcium chloride or similar treatment will be used.
• Cleanliness is the number one factor in vector control
• Dairy bunks are designed flat to be cleaned every day
• Habitat such as weeds and standing fresh water will be removed
• Mosquitoes do not live and breed in the ponds. The water is not conducive for mosquito breeding
• Composting is the best tool we have to reduce flies, turning and heating kills the larvae
• Spraying and bait are used, especially in the feed areas and around the milking parlor
Dairies are inspected numerous times per year by the State Department of Public Health and Environment for
their certification which includes inspections for flies, rodents, cleanliness, procedures and feeding.
An there is a written Nuisance Management Plan that has been reviewed and approved by the
Weld County Health Department
• Our methods for odor control from the pens are also built in to the facility
Wet manure causes odor so pens are designed with slope and drainage
In the past, pens were built however the land laid but we are
Moving several hundred-thousand yards of earth to get exact drainage
^ This is all to eliminate standing water
Stocking rates for feedlots are typically 150 to 200 square feet per head, this is 600.
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Light
• Shielded
• Not on adjacent properties
• Setbacks
• Lighting plan
• Condition
^'� 1. Lighing will be shielded to protect the adjecent landowners.
2. ....
3. Ne� is traffic
4. A light plan has been submitted, reviewed and approved by staff
5. As it was a condition we were required to meet prior to scheduling this Board
hearing
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Traffic
• WCR 61 and WCR 64 • Milk Trucks - 4 per day
• Sight Distance for • Employees— S0 (3
Safery shifts)
• Approved • Deliveries— 13 per
week
• Harvest—Seasonal
• Approved
^ The exiting traffic on CR 61 and 64 is limited.
This facility will add.
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Primary Dairy Access Detail
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1. Sight distance has been improved by the removal and cutting of the existing
trees along CR 61.
2. Primary Dairy access has been relocated 200' south of the intersection.
3. A Staging area has been achieved.
4. Residental access on CR 61 will be closed.
5. , But the Western Access on CR 61 will need to remain.
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USR Requirements
• Sec. 23-2-230 B. Uses by Special Review
�Consistent with Chapter 22-Complete
�Consistent with Intent of Distrlct-Comvlete
�Consistent with Existing Surrounding Uses- Comp/ete
�Consistent with Future Development-Complete
�Complies with Article V Overlay Distrlcts-Complete
�Conserve Prime Farmland- Complete
�Adequate Provisfons for Health, Safety B Welfare-COmD/ete
^ I believe this application has provided the information necessary and
the thoughtfulness that went into this site selection. Further...this
application:
1 . is consistent with the Comprehensive plan
2. That dairies by definition belonq in the Ag zone
3. IY compatible with the existing and future agricultural activities
and practices in the area.
4. We've shown comaliance with every IGA, UGB and any other
boundary and limit that exists for the future and
5. The USR site is not in an overlay district
6. IYs not takinp Prime Farm ground out of production.
7. In reference to safety and welfare.....
8. we've met or exceeded every requirement
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Referrals, Conditions, Development
Standards
• l4 local, state and federal referrals
• Health and Safery plans reviewed, approved,
conditioned
• 3l Conditions and 43 Standards
• 11 and 22 relate to Health, Safety and Welfare
• Additional Code 23-4-350 & 23-4-710
" 1 . This application was sent to
2. Fourteen local, state and federal referral agencies were
contacted with ten responses
3. The environmental design and nuisance management
plans have been reviewed by your health department as
the authority required in your code and the plans have
been approved and conditioned.
4. There are a total of 31 Conditions of Approval and 43
Development standards of which the 3 prior to the Board
Conditions have been met,
5. Additionally of the 28 conditions and 43 development
standards remaining
6. 11 Conditions and 22 Development standards relate to
Health, Safety and Welfare.
^ 7. This should be "Adequate"
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Monte Vista Dairy
USR 1595
Applicant: Garrett and Carla DeVries
Family Trust
c% AGPROfessionals, LLC
4350 Highway 66, Longmont CO 80504
�" Thank you for hearing this application.
With that being said on behalf of Garrett and Carla DeVries we
respectfully ask that you approve this application.
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Monte Vista Dairy Site Rendering
.....,... L. t:e� ��� � III_.
.�. _' _ i. „ �.
� ';
''1 Site Rendering w/ ponds
1. Design of the site is such that all water from the dairy is contained.
Generally this site drains to the South.
2. The two pond design allows for alternatives and ease of management if there
is ever an issue with one. There is also a storm-water retention pond South
of the Commodities area.
3. Ponds and settling basins are designed to contain a the storm event
necessary, this facility has been designed accordingly and has over 4lacre-
feet combined capacity and 4 months storage.
4. The settling basins have been installed to help with ease of management
and solid collection.
5. ...
6. Describe site activity
7. Next are the Eng Calcs
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