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Home My WebLink About20071554.tiff -� March 29, 2007 Department of Planning Services 918 10th Street Greeley, CO 80631 Attn.: Chris Gathman RE: USR-1590 Dear Mr. Gathman: In response to a facsimile dated 03/27/07 of the preliminary administrative review for USR-1590 scheduled for planning commission hearing dated April 3, 2007, whereby planning staff has requested the request be denied, due to lack of an adequate water supply source, please be advised: A. The applicant has explored every possibility of obtaining a domestic water supply other than the ground water source, i.e.. North Weld County Water District and that source although much desired is not available or feasible at this time. B. The applicant has always asserted that he is prepared to do what ever required in order to obtain a permitted well to supply the proposed use and that any issues that were expressed by the office of the State Engineer- Division of Water Resources, referral received 11/29/2006 could and would be satisfied as a condition of approval of said USR. C. The applicant and/or his agent have been advised by legal council and a reputable water engineer that the process to correct the legal description of an existing domestic well and make available a legal well site for application on property not currently owned by the applicant is valid. They have indicated that the process can be accomplished to allow permitting a new well on the site as an adequate water supply source. Also, the applicant has located an augmentation plan and a source for the raw water to satisfy the well permit process. Until your notice dated 3/27/07 we had assumed that the application could be processed and if approved these requirements would be satisfied prior to final approval and recording of plat and documents. We understand now that is not he case. Therefore, at this time we request that rather than planning staff forwarding the application with the recommendation for denial, that you instead postpone the hearing until the following month to allow the applicant an opportunity to submit evidence to the planning commission that an adequate water supply source will be available. You could then support the approval of this project since it is my understanding that all other requirements are either satisfied or agreeable to the applicant. Please understand this has been more difficult process, whereas the applicant is not the owner of the land where much of the development and well site are to be located, but instead has a contractual interest in the property. Thank you for all of your assistance and consideration in this matter. cot Realty Coy Patric L. cNear Agent EXHIBR' & A 2007-1554 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 KELLYJ.CUSTER KENNETH F.LIND TELECOPIER:970-674-9535 BRADLEY C.GRASMICK KIM It LAWRENCE kim©llolaw.com DAVID P.JONES P.ANDREW JONES CHRYSTEN S.HINZE JAMES D.BRAMER* ROBERT J.HERRERA RICHARD T.LiPDMA+ 11409 BUSINESS PARK CIRCLE,SUITE 110 KAYLEAM WHITE CLINTON P.SWIFT FIRESTONE,CO 80504 THEODORE J.FINN TELEPHONE 720-494-4488 TELECOPI ER:720-494-7766 'Also admitted in Wyoming 721 EAST LINCOLN WAY +Also admitted in Illinois CHEYENNE,WY 82001 TELEPHONE:307-635-2480 April 30, 2007 Contreras Farms, Inc. 30189 Weld County Road 78 Eaton, CO 80615 Mr. Pat McNear Scott Realty 1212 8th 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 Planning Commission. 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. I have spoken with Don Magnuson the Manager of the Lower Poudre Augmentation Plan and he has verbally confirmed that the new well can be included in the Plan and be fully augmented. Don has a draft contract prepared by the Plan attorney but he has not yet sent it for my review. The Contract will provide for augmentation of F:100 Water\Contreras Farms1CorrespondencelContreras 07 04 30.doc 1 EXHIBIT the new well once it is approved by the Lower Poudre Plan Board and 1 share of Cache La Poudre water is dedicated to the Plan. You have secured a contract for purchase 1 share of Cache La Poudre Ditch contingent on approval of the feedlot. You also have a contractfor purchase of the additional property needed for part of the feedlot, also contingent on approval. It is my opinion that you will be issued a well permit for the new commercial feedlot well once the Water Augmentation Contract with Lower Poudre is approved. Lower Poudre already has a Water Court application filed and an approved Substitute Water Supply Plan. It is my suggestion that the Commission 1) recommend approval of your plan subject to the condition that the water supply be approved by the State Engineer or the Water Court or 2) that the Commission delay this matter until such time as you can provide them a copy of the well permit. I estimate that it will take 3-6 months to get the actual well permit issued by the Division of Water Resources. Sincerely, LIND, LAWRENCE & OTTENHOFF LLP Digitaly signed by Kim Lawrence th. Location:Windsor,Colorado l'«• Date:2007.04.3015:53:34-O5'00' Kim R. Lawrence KRL/krl F:100 Water\Contreras Farms1CorrespondencelContreras 07 04 30.doc 2 SPECIFIC PERFORMANCE CONTRACT (Water) RECEIVED FROM Contreras Farms, Inc, and/or assigns Purchaser,the sum of $ 2,000 , in the form of Company Check to be held by A.Bruce Johnson Sales Trust Account Broker, in his escrow or trust account, as payment for the following described water(for water stock stated name of company,number of shares,and stock certificate number, for other rights,state name of structure, amount of decree, date of decree, Court decree number, permit number, if any, and legal description of location): One share of the Capital Stock in the New Cache La Poudre Irrigating Company as evidenced by certificate No.4566 with all easements and rights of way appurtenant thereto,whiclyproperty Purchaser agrees to buy upon the following terms and conditions for the purchase price of$ 38,000 payable as follows: $2,000 hereby receipted as earnest money and part payment. $36,000 by cashier's check payable to A.Bruce Johnson Sales Trust Account on or before May 31,2007(time of closing). 1. Title shall be merchantable in the Seller, and Seller shall provide a copy of the stock certificate(s), or decree(s) if there is not certificate, upon acceptance of this contract. Subject to payment as above provided and in compliance with the other terms and conditions hereunder by Purchaser, Seller shall execute and deliver an assignment of water stock and/or a water deed or other instrument conveying free and clear title to the Purchaser on May 31 , 2007 , or,by mutual agreement,at an earlier date. 2. Seller warrants that title to the water will be conveyed free and clear of all liens, encumbrances, assessments, and leases of any kind, except (any ongoing costs should be apportioned as of the date of closing): All 2007 assessments, carrying charges and stock certificate fees shall be paid by Buyers. All previous charges are the responsibility of the Seller. 3. If Purchaser makes payment in any manner other than cash where Seller retains title to the water as security,Seller shall not encumber the water in any manner after the date of closing. 4, If Purchaser makes payment in any manner other than cash where Seller retains title to the water as security, such water stock shall be transferred on the records of the company Seller to Seller as mortgagee, and Purchaser as equity owner. Purchaser shall, after closing be responsible for the payment of all assessments against said stock and Purchaser shall also pay any stock transfer fees. If the water transferred is other than water stock and payment is other than cash where the Seller retains title to the water as security, the water deed or other instrument conveying fee simple title and warranting the same,shall be given to Purchaser at closing and Purchaser shall execute a Deed of Trust and/or a security agreement naming the water as collateral for the obligation due. 5. The hour and place of closing shall be: At the office of New Cache La Poudre Irrigating Co. in Lucerne, Colorado. Time to be 1:00 p.m.unless agreed to differently. �J(1 6. In the event any diversion structures or other devices necessary for the delivery and uses of this water are destroyed or damaged in any way between the date of this contract and the date of closing,this contract may,at the option of the Purchaser be immediately returned to Purchaser. 7. Time is of the essence hereof and if any payment or any other condition hereof is not made, tendered or performed by either the Seller or Purchaser as herein provided then this contract, at the option of the party who is not in default, may be terminated by such party, in which case the non- defaulting party may recover such damages as may be proper. In the event of such default by Seller and Purchaser elects to treat the contract as terminated,then all payments made herein shall be returned to Purchaser. In the event of such default by Purchaser, and Seller elects to treat the contract as terminated, then all payments made hereunder shall be forfeited and retained on behalf of Seller. In the event, however, the non-defaulting party elects to treat this contract as being in full force and effect. The non-defaulting party shall have the right to an action for specific performance and damages. 8. If title to the water is not merchantable and written notice of defect(s)is given by Purchaser or Purchaser's agent to Seller or Seller's agent on or before closing and shall not be rendered merchantable within 30 days after such written notice. Then this contract, at Purchaser's option,shall be void and of no effect and each party hereto shall be released from all obligations hereunder and the payments made hereunder shall be returned forthwith to Purchaser. 9. As further consideration, Seller agrees to provide Purchaser with and assist Purchaser in obtaining information showing the historic use of the water delivered and the lands upon which the water was used. 10. If this approval is accepted by the Seller on or before 5:00 p.m. on April 25 , 2007 this instrument shall become a contract between Seller and Purchaser and shall inure to the benefit of the heirs,successor and assigns of such patties. 11. Other Provisions: a.) This other is conditional upon Buyer determining that this water is a viable source for a specific live stock use through the Lower Poudre Augmentation Plan. b.)Seller is a licensed Real Estate Broker and owner of A. Bruce Johnson&Associates, Ltd. and is the Seller. He makes no warranty or representations other than as stated herein 12. Seller agrees to pay a commission of $2,000 for services in this transaction Bro r:,hcott Real C ..., � (� Broker: A.Bruce. son&Associates.Ltd. . By: BY Ag t ear \ � .�� y>v` en: Pat Mc 1 A.Bruce Jo on C ras Farm Inc. yer- orge Contreras Seller- A.Bruce Jo n COLORADO DIVISION OF WATER RESOURCES Office Use Only Form GWS-44(06/2006) DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST., RM 818,DENVER, CO 80203 phone-info:(303)866-3587 main:(303)866-3581 ."--. (303)866-3589 http://www.water.state.co.us e.ES I D E NTIAL Note:Also use this form to apply for livestock watering Water Well Permit Application Review instructions on reverse side prior to completing form. The form must be completed In black or blue Ink or typed. 1. Applicant Information _ _ 6. Use Of Well (check applicable boxes) __ _ -mama of applicant See instructions to determine use(s)for which you may qualify Ronnie L Grant ry Angela B Grant 0 A. Ono outside household use In one single-family dwelling Mailing address 30401 WCR 78 ® B. Ordinary household use in 1 to 3 single-family dwellings: Number of dwellings:1 City Slate Zip code Eaton CO 80615 0 Home garden/lawn irrigation,not to exceed one acre: Telephone# — ----t E-m il(opticnal) _ - area Irrigated 15,000 ® sq.ft.❑acre (970)351-7641 a ® Dofhestic animal watering—(non-commercial) 2.Type Of Application (check applicable boxes) a ID El Construct new well 0 Use existing well C. Livestock watering(on farm/ranch/range/pasture) 0 Replace existing well 0 Change or increase use 7.Well Data (proposed) ®Change source(aquifer) ❑Reapplication(expired permit) Matdmum purging rate Annual amount to be withdrawn — ❑ Other: 15 gpm 3 acre-feet 3. Refer To (if applicable) Total depth Aquifer Well permit# Water Court rase# — 400 feet All unname 199602 8.Water Supplier Designated Basin Determination* Well name or# _ Is this parcel within boundaries of a water service area?DYES IN NO It yes,provide name of supplier: 4. Location Of Proposed Well 9.Type Of Sewage System County s— —' — W d SW 1/4 of the SE 1/4 ® Septic tank/absorption leach field Township N or S Range E or W Principal Meridian 0 Central system: District name: 1, I 7 ® 0 63 0 ® 6th Distance of well from section lines(section lines are typically not property lines) — ❑ Vault:Location sewage to be hauled to: 420 Ft.from[NOS 1830 Ft.from 0 E®W 0 Other(attach copy of engineering design and report) For replacement wells only-distance and direction from old well to new well 10. Proposed Well Driller License#(optional):N/A _ feet _ direction — __ 11. Signature Of Applicant(s) Or Authorized Agent Well location address(Include City,State,Zip) lg Check dwell address is same as in Item 1. The making of false statements herein constitutes perjury in the second degree,which is punishable as a Bass 1 misdemeanor pursuant to C.R.S. _- _ 24-4-104(13)(a). I have read the statements herein,know the contents Optional: GPS well location information in UTM format. GPS unit settings are as follows: Sign thereof and state that they are true to my knowledge, Sign (Must be on lnalsigpature) Date Format must be UTM Ja L/-L3 a Zone 12 or O Zone 13 Easting: ra (4,g3-b9 Units must be Meters ,tt f / ,�"` Datum must be NAD83 Northing: Print na &title Unit must be set to true north /AVA/'C -S Was GPS unit checked for above? 0 YES Remember to set Datum to NAD83 Office Use Only 5. Parcel On Which Well Will Be Located -hSGS map name DWR map no. Surface elev._ (PLEASE(PLEASE ATTACH A CURRENT DEED FOR THE SUBJECT PARCEL) A.You must check and complete one of the following: Receipt area only ❑ Subdivision:Name Lot Block Filing/Unit ❑ County exemption(attach copy of county approval&survey): Name/# Lot# ❑ Parcel less than 35 acres,not in a subdivision,attach a deed with metes and bounds description recorded prior to June 1,1972,and a current deed ❑ Mining claim(attach a copy of the deed or survey):Name/# [t'—'•uare 40 acre parcel as described in Item 4 WE E dreel of 35 or more acres(attach a metes and bounds description or survey) WR O Other(attach metes&bounds description or survey end supporting documents) CWCe B.*of acres in parcel C.Are you the owner of this parcel? 35 DYES 0 NO(if no—see Instructions) TOPO D.Will this be the only well on this parcel? ®YES 0 NO(If no—list other wells) MYLAR — SB5 DIV WD BA MD E. State Parcel IDp(optional): • E1/2, SW1/4, 19, T7N, R63W of' 6th P.M. Scale 1' = 660' Property Line Aquifer Area 1230.20 I i Permitted Well I i I I The South 1246 feet ! of the East 1/2 of 12as I I the Southwest 1/4 of .�� I i 1245.99 Section 19, T7N, R63W, o i the 6th P.M. Weld County Colorado, • CI I 1420.00 1226.16 1830,00 1111111 I I I 111111111111111111111111 JA 11111101111111111111 ot 1 of 1 R SAO 0 17.00 Weld County 00 • WARRANTY DEED THIS DEED, made this 29th day of August, 2000 between Earl Gordon Remington and Linda Schwartz Remington of the County of Weld and State of Colorado, grantor, and Fonnie L. Grant and Angela B. Grant �hose legal address is 30401 Weld County Road 78, Eaton, Colorado 80615 f the County of Weld and State of Colorado, grantees: II CUM that the grantor for and in consideration of the sum of ONE NWIDRED SEVENTY THOUSAND AND 00/100, ($170,000.00) Dollars, the receipt and sufficiency of which is p eby acknowledged, has granted, bargained, sold and conveyed, and by these presents +Iea grant, bargain, sell, convey and confirm unto the grantee., their heir, and (1. soigne forever, not in tenancy in common but in JOINT ERRANCY, all reel proper ether with improvements, if any, situate, lying and being in the County of Wty, eld State of Colorado, described as follows: E1/2 of the SW1/4 of Section 19, Township 7 North, Range 63 West of the 6th P.M., ounty of Weld, State of Colorado. I Also known by street and number as 30401 Weld County Road 78, Eaton, Colorado 80615 iToast= with all and singular the hereditament. and appurtenances thereunto slanging, or in anywise appertaining and the reversion and reversions, remainder and ��l1emainat a, rents, idemand and daproffiiets thereof,oe and all the estate, right, title, !and to the above bargained premises, with the heretditameatsrand appurtena in law or nces. of, in ,,'� TO RAVE AND TO BOLD the said premises above bargained and described, with the Ifor�himself,shis heirseand personalbeir representars tived arsdooees covenant, And the grantor, , hand agree to and with the grantees, their heirs and assigns, grant, bargain, !netting and delivery of these presents, he is wall seised of the premises the esma ov the Convve�yye�d, has good, sure, perfect, absolute and indefeasible estat of inheritance, in bllaw, in n,fee eels and imle, and has good right, full power and lawful authority to grant, (free and clear from all former andey the same in other manner and fb�ains, gaff, and that, the sass are I =ants, encumbrances and restrictions grants, or nature nosiest,sexcept !general taxes for 2000 and subsequent years; except easements, restrictions, ,covenants, conditions, reservations and rights of way of record, if any; i The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable p ion of the grantees, their heirs and asst _against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use iof any gender shall be applicable to all genders. I IN WITNESS WHEREOF the grantor has executed a deed the date set forth above. Earl Gordon Remington fr-crnAt1 Linda Schwartz Remingto !STATE OP COLORADO }•• } as. The foregoing instrument was acknowledged before County o£ Weld ) me this 29th day of A uguut, 2000 jby Earl Gordon Remington and Linda Schwartz Remington Witness my hand and official seal. My commission expires August 9, 2003 I 1 NOTARY PUBLIC /(ElajA 1113 Tenth Avenue O,4:No. 92 d p`NL a'{7 Greeley, Colorado 80631 • ..4' O Of COLv • M7 CmmryNkr Ens 8.0.2033 • STATE OF COLORADO Bill Ritter,Jr.,Governor James B. Martin, Executive Director *0 of CO4OA Dedicated to protecting and improving the health and environment of the people of Colorado he t 4300 Cherry Creek Dr.S. Laboratory Services Division * y* Denver,Colorado 80246-1530 8100 Lowry Blvd. '187" Phone(303)692-2000 Denver,Colorado 80230-6928 TDD Line(303)691-7700 (303)692-3090 Colorado Department Located in Glendale,Colorado P of Public Health hltp://www.cdphestate.co.us and Environment April 18, 2007 Jorge Contreras Contreras Farms, Inc. 30189 Weld County Road 78 Eaton, CO 80615 Subject: Permit Application COA-931061 Dear Mr. Contreras: The Colorado Department of Public Health and Environment's Environmental Agriculture Program (Ag Program) received on February 5, 2007 an application for Contreras Farms, Inc. (Contreras) to be certified under General Permit COA-931000 (the permit) for Concentrated Animal Feeding Operations (CAFOs). On March 22, 2007, the Ag Program sent you a letter requesting additional information to make Contreras' permit application complete. The Ag Program has not received the requested information to date. The Ag Program, therefore, has denied Contreras' permit application. If Contreras still desires to seek permit coverage, please resubmit a complete permit application when the facility meets the general permit conditions, and therefore, can be certified under the permit. Thank you for your attention to this important matter. If you have any questions, please feel free to contact me at 303-692-3523 or via electronic mail at: erin.kress(&state.co.us. Sincerely, Gig, r-R41— Erin P. Kress Environmental Agriculture Program Colorado Department of Public Health and Environment cc: File Trevor Jiricek, Weld County Dept. of Public Health and Environment (via email) Ken Alles, Alles and Associates, Inc. EXHIBIT Hello