HomeMy WebLinkAbout20070672.tiff 6(/*, MEMORANDUM
TO:
W I DAATE: MCa crk to the Board
h 12, 2007
COLORADO
FROM: Hannah Hippely
SUBJECT: USR -1583 Schedule
The applicant has addressed all prior to scheduling the BOCC hearing conditions;
please schedule this case for a hearing.
EXHJBLT
I
#Y
2007-0672 :3
The Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. Prior to scheduling a Board of County Commissioners hearing:
A. The applicant has not delineated any on-site sign(s). If on-site sign(s) are
desired the Department of Planning Services shall be notified in writing. If the
applicant does not notify the Department of Planning Services signs shall adhere
to Article IV Division 2 of the Weld County Code as it related to signs in the A
(Agricultural) Zone District. Further, the location of the sign, if applicable shall be
delineated on the USR plat. (Department of Planning Services) (C�,_ En E)
B. The applicant has not indicated that there will be any lighting on site. If lighting is
intended a Lighting Plan, including cut sheets of the intended lights, shall be
provided to the Department of Planning Services for review and approval. The
lighting plan shall adhere to the lighting requirements for off-street parking
spaces per Section 23-4-30.E of the Weld County Code and shall adhere to the
lighting standards, in accordance with Section 23-3-360.F and Section 23-2-
250.D of the Weld County Code. Further, the approved Lighting Plan shall be
delineated on the plat. (Department of Planning Services)( Fc. ' 1
C. The applicant shall submit a Landscape Plan to the Department of Planning
Services for review and approval. The applicant shall place "plant material" to
mitigate the impacts of the facility from adjacent properties. The plant material
screen shall be placed between the road right-of-way and the proposed
improvements. The buffer strip shall be a minimum of ten (10) feet in width and
run the length of the property line. Further, the applicant shall adhere to all
landscape requirements of Section 23-3-350.G.1 and Section 23-3-350.G.2 of
the Weld County Code. Upon approval, the Landscape Plan shall be placed on
the plat. (Department of Planning Services) ( is Ex. t=)
D. The applicant shall either submit to the Weld County Department of Planning
Services a copy of an agreement with the properties mineral owners/operators
stipulating that the oil and gas activities have adequately been incorporated into
the design of the site or show evidence that an adequate attempt has been made
to mitigate the concerns of the mineral owners. (Department of Planning
Services) (Sc.: l c. F K
E. The applicant shall provide both the Weld County Department of Public Works
and the Department of Planning Services with a detailed access, site circulation,
loading, and parking plan for review and approval. This plan shall address the
concerns of the Department of Public Works memoranda dated October 10, 2006
and November 21, 2006. Written evidence of the Department of Public Works
approval shall be submitted to the Department of Planning Services. (Department
of Public Works/Department of Planning Services) ,S.n. x. H-/)
F. The applicant shall provide the Weld County Department of Public Works
Drainage Division a copy of the site grading plan for review and approval.
Written evidence of approval shall be submitted to the Department of Planning
Services. (Department of Public Works) ( j Erx. H)
AGPRO
■■ COMPLETE LAND & RESOURCE SOLUTIONS
February 27, 2007
Weld County Department of Planning Services Weld County Planning Department
918 10th Street CREEI_FY OFFICE
Greeley, CO 80631 E EB 2 8 200?
Job #1703-01 Great Western Dairy RECEIVED
Subject: USR-1583
Dear Ms. Hippely:
The following is in response to your February 20, 2007 correspondence:
Condition 1A. Signage— We concur and will amend the plat to adhere to the sign code.
Appendix 23-C and Appendix 23-D.
Condition 1B. Lighting - We respectfully disagree that this condition has not been
met.
1. Weld County Code Section 23-2-250 are Operation Standards that the applicant
must comply with during operation.
a. According to Weld County Code Section 23-2-250-D-1&2 our client must
protect the public and their neighbors from obtrusive light.
b. The lighting has been delineated on the plat.
c. The plat has been amended with an appropriate lighting detail
2. Cut Sheets are being asked for in the resolution, but are not listed as a requirement
in Section 23-2-250 of the Weld County Code.
a. I have searched all of Chapter 23 of the Weld County Code and could not
find one reference to "cut sheets or lighting details".
3. We have attached the manufactures "cut sheets" for the proposed lighting.
4. If this is incorrect, please direct us to the applicable sections of the code.
Condition 1C. Landscaping—We respectfully disagree that this condition has not
been met.
1. Sections 23-3-350-G-1&2 refer to Industrial Zone landscaping.
a. We do not believe Section 23-3-350 of the Weld County Code applies to
Agricultural Zoned Land.
2. Section 23-2-260 requires that a landscaping plan be submitted.
a. We have submitted a landscaping plan in accordance with Section 23-2-
260 of the Weld County Code.
b. Our client would be willing to amend the plan to include; EXHIBIT
F-
ast
#taz
i. 2-rows of Pine trees, staggered.
ii. approximately 1"dia. when planted.
iii. watered until established.
3. If this is incorrect, please direct us to the applicable sections of the code.
Condition 1D. Mineral owners/operators agreement- We respectfully disagree
that this condition has not been met.
1. According to Weld County Code Section 23-2-260-B-14 the applicant will
provide"written evidence that an adequate attempt has been made to mitigate the
concerns of the mineral owner".
a. We have provided written communication between our client and the
mineral owner. (S. - Er KJ
b. The mineral owner is not objecting to our plan.
2. If this is incorrect, please direct us to the applicable sections of the code.
Condition 1G. Water agreement- We respectfully disagree that this condition has
not been met.
1. According to Weld County Code Section 23-2-240 the applicant"shall
demonstrate compliance with the following design standards in the application
and shall continue to meet these standards if approved".
a. If approved a service agreement will be completed.
i. We have attached a copy of that agreement. (SAL (=x. X)
2. We feel that we have complied with Weld County Code Section 23-2-240-A-1,
with the letters dated 1-12-2005 and 9-1-2006 from the North Weld County Water
District.
a. The North Weld Water District has given options in regards to tap
availability.
b. The North Weld Water District has historically provided quality water
with dependability.
3. If this is incorrect, please direct us to the applicable sections of the code.
Thank ou,
Dusty M ick
Planning and Building Coordinator
ENGINEERING, PLANNING, CONSULTING & REAL ESTATE
AGPROfessionals, LLC
4350 Highway 66. Longmont,CO 80504
970.535.9318 /office • 303.485.7838 /metro .970.535.9854 / fax . www.agpros.com
1
EXHIBIT
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MEMORANDUM
TO: Hannah Hippely, Planning Services DATE: 2/16/2007
FROM: Donald Carroll, Engineering Administrator
SUBJECT: USR-1583, Margaret DeHann
Dusty McCormick with AgPro Professionals made and appointment and stopped by February 9,
2007 to discuss items 1-E and 1-F. In the Conditions Referral, 1-E, it reflects a detailed access
and circulation plan. Scot Lewis, Traffic Engineer, reviewed the new submitted plat dated
2/9/2007 with Mr. McCormick agreeing to lining up the proposed primary dairy access to the
milk parlor directly across from an existing access point and verified that there is adequate sight
distance in both directions.
Item No. 1-F, deals with site grading and drainage. Brian Varrella, Drainage Division, reviewed
and commented the following items to be incorporated into the application.
Storm Water Drainage:
The applicant must take into consideration storm water capture/quantity and provide
accordingly for best management practices.
Weld County will not maintain drainage related areas.
Final construction erosion controls plans stamped, signed, and dated by a professional
engineer license in the State of Colorado
The applicant is required to comply with the Colorado Confined Animal Feeding Control
Regulations (State of Colorado).
These are the two items that the applicant needed to verify with the Weld County Public Works
Department (traffic engineer and the Drainage Division).
The Weld County Public Works Department has no conflict with the applicant proceeding to the
Commissioner's hearing. If there is additional follow-up with either the Traffic Engineer or the
Drainage Division, please contact the appropriate person.
pc: Dusty McCormick, AgPro
USR-1583
M:\PLANNING-DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1583-B.DOC
EXHIBIT
H
L #158.3
02/21/2007 10:26 970-395-0997 NRTH WELD WATER PAGE 01/05
WATER SERVICE AGREEMENT
(DeHann Dairy)
THIS AGREEMENT is made and entered into as of the day of
20,,by and between the North Weld County Water District,acting by
and through the North Weld County Water District Enterprise(hereinafter"Districts)and
Larry DeHann,(hereinafter"Customers),of DeHann Dairy,(hereinafter'Dairy).
RECITALS
WHEREAS,District le a statutory special district formed under the laws of the
State of Colorado and Is a quasi municipal corporation;and
WHEREAS,the District Enterprise was created by the District,in order to comply
with the provisions of Section 20,Article X of the Colorado Constitution and Article 45.1
of The 37 of the Colorado Revised Statutes,as applicable;and
WHEREAS,the District owns,maintains and operates a system for the storage
of and distribution of potable water within Weld County and Latimer County,Colorado;
and
WHEREAS,the Customer desires to contract with the District for certain potable
water supplies and services for the Dairy immsn as DeHann Dairy located in a portion of
Section 17,Township 7 North,Range 65 West of the 6"Principal Meridian,County of
Weld,State of Colorado;and
WHEREAS,Customer Intends to permit an 8,000 head dairy operation which will
require dedication of raw water and/or payment of cash in lieu of raw water dedication In
accordance with the terms of this Agreement;
NOW,THEREFORE,In consideration of the premises and the covenants and
•
agreements hereinafter set forth,It is agreed by and between the District and Customer
as follows:
ARTICLE 1
WATER SUPPLY/FACILITIES
1.1 The District shall furnish Dairy a customary supply of water for a total of
one(1),two-Inch(2')commercial tap with a maximum capacity of one hundred sixty
gallons per minute(160 gpm). Such comrnerdal tap will be located at an approximate
address of 39400 WCR 39. The District shall furnish 70%of an acre foot(228,000
gallons)of water per equivalent tap per annual water year,if the allotment for Colorado-
Big Thompson(CBT)project water,which is determined by the Northern Colorado
Water Conservancy District is 60%or greater,North Weld County Water District will
restrict the delivery as necessary when the CBT allotment is less than 50%.
1.2 The water to be furnished by the District shall be potable water,which
compiles with the Federal Safe Drinking Water Act and any other applicable drinking
water regulations. No promise or guarantee of pressure is made by the District or is to
be Implied from anything contained herein.
1.3 The District shall use reasonable diligence to provide a constant and
uninterrupted supply of water,except for interruptions due to:(1)Uncontrollable forces;
(2)Operations or devices Installed for water system protection;(3)Maintenance,repair,
replacement,installation of equipment,or investigation and inspection of the water
system,which interruption or reductions are temporary,and in the sole opinion of the
District,if necessary.
•
Initials:
fl.bdhujflac 1VB SVBDIV3ROM 1DMLse De,r1W3A(0241-01)dee
"- - Page 1 of 5
EXHIBIT
II
02/21/2807 10:26 970-395-5997 IIERH MELD WATER PAGE 02/05
1,4 The District shall install,own,repair and maintain a meter vault at each
Individual lot within the Dairy in which the District shell install equipment as deemed
necessary,Including but not limited to meters,reading devices,flow restrictens,etc.
1£ The District estimates the water supply to have a normal pressure range
of forty-five(45)to ninety(90)pounds per square inch(psi). The District will maintain
an average minimum pressure of thirty five(35)psi lo any tap. The maximum pressure
that will be supplied to any Tap may bees great as one hundred ten(110)psi.
Therefore,the Customer agrees to install preventative plumbing devices to restrict
and/or release the pressure. Customer releases District from any and all liability or
claims that may be made against the District concerning damage from excessive water
pressure supplied to the Dairy,Tap or lot.
ARTICLE 2
TAPS,LINES AND FEES
2.1 The Customer shall be responsible for payment of the total cost of the
construction for Water Lines within the Dairy(or Water Lines that are necessary to
serve the Dairy). 'Water Line,mean alines which cony water to the meter vault(s)
within the Dairy.
2.2 From the meter to the structure(s)being saved with water,water will be
delivered through private service lines which are installed by the Customer,and for
which the District has no responsibility or liability.
2.3 No water service will be provided to any water Tap within the Dairy until all
fees,expenses and charges as determined by the District have been paid and/or raw
water dedicated. The fees,themes and expenses,and/or water dedication shall be as
determined and defined by the District and based upon such fees,charges and
expenses,end water dedication requirements then in effect. Customer understands
that the amount due for such fees,charges aad expenses,and/or water dedication am
subject to change or modification at the sole discretion of District.
2.4 Pursuant to this Agreement,the fees,expenses and charges tor a water
Tap consist of;
•
(1) Infrastructure Enhancement Fee as determined in Paragraph 2.6;
(2) Plant Investment Fee as provided in Paragraph 2.7;
(3) Mileage Chanel pursuant to Paragraph 2.8;and
(4) Raw Water 2•Cash in Lieu Fee as provided in Paragraph 2.9;
(5) Raw Water Storage Fee as provided in Paragraph 2.92;end
(6) Mir Fee as provided pursuant to Paragraph 2.10.
Notwithstanding anything to the contrary herein,payment of all fees,expenses
and charges as established pursuant to this Agreement shell be a condition precedent
to the District providing water service to any Tap within the Dairy. Except as provided in
Paragraph 5.3,if the total fees,expenses and charges are not paid,all prior fees,
expenses and charges paid by the Customer for any improvements made by the
Customer shaft be considered as forfeited to the District as liquidated damages as
accurate calculation and determination of damages world not be possible.
milieu:
rvr„eawnreeecvvssusDTvaIonso.t b n'SKo2.21-011 a
Pago 2 of 5
82/21/2987 18:26 978-395-0997 NORTH LELD WATER PAGE 03/05
2.5 The Raw Water or Cash in Lieu Fee,Plant Investment Fee,and Mileage
Charge must be completed and fulfilled Jointly before the District provides any water
service. Once these fees have been paid or completed,the Customer or Lot Owner will
then have one(1)year to pay for and have the meter set. Upon Installation of the
meter.or.after one(1)year of payment of these referenced fees whichever occurs
earliest,the District shall commence billing the Customer or Lot Owner a Minimum
Monthly Charge in accordance with the policies the District then in effect. The Minimum
Monthly Charge shall apply whether or not any water is taken through the Tap.
2.8 The District may be constructing substantial Infrastructure,including but
not limited to connection to the existing 10'watermain located In the WCR 99 Right-Of-
Way. Such connection shell include leolation valves,road cut and asphalt patch. A
portion of these enhancements will be attributable to the Dairy and en'infrastructure
Enhancement Fee will be charged to the Customer. The Infrastructure Enhancement
Fee shall be solely determined by the District and for this Dairy said fee shall be the
sum of$12,500.w. This payment determined to be$12,50806 shall be made prior to
commencement of construction of Water tines that will serve the Dairy,or the issuance
of any building permit whichever occurs earliest The Infrastructure Enhancement Fee,
as established In this Paragraph 2.6 is non-refundable.
2.7 The Customer will be responsible for making payment of the'Plant
investment Fee'. The Customer will be required to purchase a minimum of six(6)Plant
investment Fees for the District to provide a 7 meter. Said payment shall be made
prior to the issuance of any building permit or the setting of a water meter,whichever
occurs earliest. All Plant Investment Fees paid shall be in accordance with the Plant
Investment Fee as established by the District and in effect at the time of the payment
No portion of the Plant Investment Fee shall be returned or refunded once established
pursuant to this Agreement and the Dairy Is approved by Weld County,even If the Dairy
Is later decreased or not utilized. However,If the Dairy Increases beyond the capacity
Initially established in Paragraph 1.1,Customer will pay the Plant Investment Fee for
each additional equivalent tap required within the Dairy at the rate for Plant Investment
Fees then in effect.
2.8 The Customer will be responsible for making payment of the"Mileage
Charge'. The Customer will be required to purchase a minimum of sbc(6)Mileage
Charges for the District to provide a 2'meter. Said payment shall be made prior to the
issuance of any building permit or the setting of a water meter,whichever occurs
earliest All Mileage Charges paid shall be in accordance with the Mileage Charge as
established by the District and in effect at the time of the payment No portion of the
Mileage Charge shall be returned or refunded once established pursuant to this
Agreement and the Dairy S approved by Weld County,even tithe number of lots and/or
Taps in the Dairy is later decreased or unsold. However,if the Dairy increases beyond
the capacity Initially established in Paragraph 1.1,Customer well pay the Mileage
Charge for each additional equivalent tap required within the Dairy at the rate for
Mileage Charge(s)then in effect
2.9 The'Raw Water or Cash in Lieu Fee'requirement for this Dairy shall be
met by payment of'Cash in Lieu'. The Customer or Lot Owner will be responsible for
malting payment of this fee. Said payment strati be made prior to the issuance of any
building permit or the setting of a water meter,whichever occurs earliest All Cash In
Lieu Fees paid shall be in accordance with the Cash In Lieu Fee as established by the
District and In effect at the time of payment
2.9.1 At the sole discretion of District,the District may allow the Customer to
dedicate Raw Water to fulfill the raw water requirement The raw water requirement for
a Residential Tap being a single family residence on one(1)lot shall be the dedication
of at least one(1)Unlit of Colorado Big Thompson(CST)project water per Tap,or at
least one(1)share of North Poudre Irrigation Company(NPIC)stock for every four(4)
residential Taps.
Initiale:
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Page 3 of 5
02/21/2087 10:26 970-395-0997 6132TH AELD WATER PAGE 04/85
2.9.2 in addition to the dedication of the Raw Water,the Customer shall be
responsible for a Raw Water Stereos Fog as determined by District The Raw Water
Storage Fee shall be applied once for each Unit of CBT or four times per share of NPIC
that is dedicated to the District. The Raw Water Storage Fee payment shall be made in
conjunction with the dedication of the Raw Water.
2.10 Prior to a meter being set and water service being provided at or for any
Tap,the Customer or parcel owner slap be required to complete the District's Tap
application form,pay the Meter Fee(estimated to be$9,900.00),and pay any remaining
fees,expenses end charges,if any,in accordance with the policies and procedures of
the District at the time of any Tap application,or any other expenses or costs that may
be incurred by the District in relation to the Daisy.
ARTICLE 3
PETITION OF INCLUSION
3.1 If determined to be necessary by District,the Customer agrees to sign and
execute a standard Petition of Inclusion,Exhibit
ARTICLE 4
EASEMENTS AND RIGHTS-OF-WAY
4.1 As additional consideration for this Water Service Agreement,Customer
agrees to sign and execute any necessary Easements and Rights-of-Way regarding
specific locations,widths,size of pipeline(s)and descriptions for Water Lines as
determined by the District This Agreement is conditional upon execution and recording
of the Easement and Right-of-Way Agreement,and until such Easement and Flight-of-
Way Agreement is finalized to the satisfaction of the District and recorded,District shall
not be required to provide any services of any type.
ARTICLE 5
MISCELLANEOUS
5.1 This Agreement is conditional as the Use by Special Review(USR)of the
Dairy has not yet been approved by Weld County. If the USR is not approved on or
before the 1'r day of March,2008,this Agreement shall be terminated and the same
shall be considered null and void.
5.2 The District will reserve capacity for the Dairy for one year from the
approval of the USR by Weld County. If within one year from the approval of the USR
by Weld County,the Dairy has not paid all fees,expenses and charges as determined
by the District and/or raw water dedicated in accordance with Article 2,this Agreement
shall be terminated and the same shall be considered null and wild.
5.3 Notwithstanding any language to the contrary,Customer shall be ended
to a refund of 98%of costs and expenses paid pursuant to Article 2.7,2.8 and 2.9 11
such refund is applied for within one(1)year of the payment made to the District. The
2%retention by the District shall be considered as administrative expenses. All or any
portion of costa or expenses the Customer incuned pursuant to Articles 2.1,2.6 and
2.10 shall not be entitled to a refund of any amount
5.4 This Agreement cannot be assigned by Customer without the express
written approval of District
6.6 This Agreement shall inure to and be binding upon the parties hereto and
their heirs,executors,personal representatives,successors and assigns.
IaitiaL:
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Page 4of5
02/21/2007 18:26 570-395-0991 PERTH WELD WATER PAGE 05/05
IN WITNESS WHEREOF,the parties have executed this Agreement the day and
yew first above written.
CUSTOMER:
By: - By:
DISTRICT:
ATTEST: NORTH WELD COUNTY WATER DISTRICT
By: BY_
Secretary President
STATE OF COLORADO
)99,
COUNTY OF
The foregoing instrument was acknowledged before me this_ day of
,20 ,by
Customer. — ---
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this day of
,2D ,by as
President and as Secretary of North Weld
County Water District. —Witness my hand and official seal.
My commission expires:
Notary Public
Initial':
P:'aama,maeAAETws susoivCSior+sn.,im Dom.WSA(02.:t m}aa
Page 5 of 5
02/19/2007 19:40 970-351-0420 NEWG0 GREELEY PAGE 02
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11+er�aar d necaamn•ss eo(y roar '1`__WSW .125 Pohriarbonete Shield
Mammal Pamprade at tar�VTt Wax* a
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a-a t:e-s rt n.1z n;�.ril,a4pc not erdlebia M Imamtom1 Bitten Pkatccaskol 120 mg ranookout an back 4 }
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210 mm 241 r,i hTA mm 279 mm 203 mm 201 nen
PHHOTONTEIRTCS For>tddl;Ctt.I ptltlmlrwtric intOrneatt and e downtmtis,isit mot sit'lit opxrJuthheA-i1icoo1
150
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AM-100011-2d0( oreasestas
Due 10 our continued elk„Is to fmprvlre our products,product specifications arw subject to chimp wtdrout DOtiMs
IsgssisNimr
CCM' ® Hubben Outdoor Wring•tm Corporate Drive•
Spartanburg,5C 29303.maw 8H4-598{000
For more IfTromlgticr Wat Oar web sib[
Outdoor Lighting
ooDdrrr•as am=ul a Eft_- _ memens mew bale
02/19/2007 19:40 970-351-8420 NEWCO GREELEY PAGE 04
555
SQUARE STRAIGHT STEEL
Features
%,s •Square Straight Steel Shaft dp�
Base cover Standard(Square) Rk'
•One-piece construction • Gesketed hand hole cover standard(3x5•) (�
•Side,Tenon,or Pad mounting available • Lektrocate finish standard 1
•Ground lug standard •CA certification available
' •Galvanized anchor bolt and template Included '
(4hoh design)
•
Clvi{ N L d 041.13 j 11
" m 'VP w 4P1 fit i.•...I', ^PR 7hlr" C 1
5$5• , its* 4 0 0 "5 -• - . 1 1 - 1_ s ' _ _ ao 34' {• 91
535-10.50.1.4x-44 10 3-0 60 46 Si 28 19 .118 11 10-135' 71.9.r 13=1' 3/449049' ' 4" 106
e SSS-12-40.1-X14Xx 12 3.7 28 21 15 12 75 ,119 11' 9.11' 5.6.7.2"10,25x0.75' 3/4x 30x3" 4" 104
S5-l2'50-1aWxX 12 3.7 45 33 25 20 13 .119 11' 10.133" 7.1-9.5" 12x1' 3/4430x3" 4' 122
$55.1440.1-xxpt 14 4.3 23 17 12.5 0,5 6 .119 11" 8-11•. .5:8-7.8'10-25x0.75' 374130x3". 4' 116
555-1W0.7"XX-X7( 14 4.3 94.5 25.5 20 15 9,5 179 11"' 51,2-12" 6-4.4'. 1141" 3/4x3043' 4'' 158
" 555.10.50.1a0t-xx 14 4.3 30 76,5 213 115 10.5 .119 11" 10.13.5' 7.1.4.5• 12x1" 3/4430x3' 4' 138
SSS"16-40.t-XX-ID( 16 4.9 195 14 10.5 7.5 4 119 II" 8.11- 5.5-7.r 10.25x0.75" 304x30x3" 4" 128
SSS-16-40.7.44-)Q 16 4.9 29.5 215 16 12 8 .179 II' a 1.2-12" 6.8.4' 1 i x 1• 3/4x 3a x 3' 4" 176
555.16-50.1.101-IDI 16 49 32 23.5 17.5 13.5 8 .119 17' 10.13.5. 7.1.9,5' 124 I' 314x3043• 4' 153
• 551.16.50.7-104).2 I6 43 47.5 353 27 21.5 13.5 .179 11" 10-133' 7.1-9.5' 12x1' 314430x3• 4" 214
558-1540.1-ID4JOC 18 5.5 163 11.5 8.5 6 3 .119 11' a•11' 5:0-7.8'102540.7r -3(4x10x3' 4' 147
SS•1a4$740FXx 18 3.5 S3 IS 135 105 6 ,179 11. 8 ID-12'•6.8.4' II x 1', 3/4 x 30 x 3" 4- 201
27.5
951-18.30.74c4.70( 18 5,5 42 3311 US 18 11 .179 It" 8/2-,2' 6-8.4 12x1* 3/1430x3' 4' 175
555,40.401a04XX 20 5.1 135 9.5 6.5 43 1.8 119 11' 8.11' 3.6.74'10.2540.75" 374x3o43' 44' 160
60
S55-2040-7-fl-xx 20 6.1 22 10 175 0.5 45 .179 11' 51/2•12^ 6.9.e 11 x 1' 3/443043' 4' 173
SSS-2040.1.71r-XX 20 41 233 17 12 9
45 119 II' 10_13 ' 7.1-95" 12 xr SS5.70.S0.7a061IX 20 Gi 365 27 20 115 9 .T79 II" 10.1333' 7.7.55' 12x7" 314x30 X3' 4" 191
55520'60-74 5 44X4 20 0.1 51 35 285 22 14.5 -179 12' 11.13.5" 7 .9.5' 12x1• 9/1x6 4' 4" 266
12
&J 553-15.40•14X-1pt 25 7.6 85 5 1 -1.5 NR .119 n" • 8-11' 5.6-7b'102540.75' 34x30 3• 4- 298
a 114. 556.21-40-7-44.44 25 7.6 14.5 10 65 45 ' 1.4 .179 it- 8.5-.12" 6-6.4" 11x1" 314x3043' 4• 266
?_ .a s53-25.50.1aoc•zc 25 7.6 • 15, 10.5 6.5 4 .NR .114 1c" 10.133' 7.1.55' 12x1' 1x36x4'. 4' 231
,; a 3352Se50'7-106436 25 7.6 25 16 12.5 55 4 .179 11" 10.13.5" 7.1.95" 12.1"• 1 x33124' . 4' 324
55975.50{410S10c 25 76 36.5 26 H 14 8 .250 11' 10-13.5' 7.1-9.3- 1241' 1436x4" 4' 437
,. a.'.- SS-23.60.7.xx.xx 25 7.6 38.5 28 203 15 .8 .179 12' 11-133' 7.8.9.5" 12 x 1' .•t x 3644° 4' 404
5SS.2740.7-)0(-701 27 8,2 - 9.4 - 42 1-2 179 11' 8.51 12' 6-8A' 11 x 1' 1 x 36 x 4' 4" 290
5SS-30.40.7-30GX4 30 9.1 65 43 25 13 NR .c79 11; 8.5:13' 6.8A' 1141' 1x3644" 4• 313
555-30.5 .1- t-XX 30 9.1 75 55 25 NR NR -119 11" 10-1'3.5' 7.1-9.5' 12x1' 1x364 iv, 4" 274
SSS-30-50.7.10F10c 30 9.1 18 12 IS 4.5 .NR .179 11" 10-13,5' 7.1.93" 12x1" 1 x38 x4" 4" 398
SS30d08•Xxxx 30 9.1 22 16 13 8 58 .250 11' '10.13.5" 7.1-AS' 12x1" 1436x4' 4" 917
55370ii0.7-XX•XX 30 91 30 20 14 9. 3.4 .179 12" 11-.135. 7.8.9.5' 12x1' 1x3644' • 4'. 467
55.23040.1474•X4 30 9.1 42 30 22 16 8 ' .250 12' 11-135' 7.S-9.5' 133 1' 725x42 4 6" '4' 630
5853540-7-44•x4 35 10.7 20.5 13 8 45 NR .179 17," 11-135. 7.8-93' 12x 1' 1 x 36:4' 4' 538
91115404-XX4jC 35 10.7 26 18 12 7.5 3.4 .230 12' 11-135. 7.8•95' 12x 1" 1.25x42 46' 4' 726
SSs•40-50.7aexxo 40 12.2 11 6 35 NR Ng 179 it t1-733" 75-93" 12 ic1^ .1x36x4" 4• 614
353-40-60-3-X4.44 40 122 14 105 5.5 23 N0. .250 12' 11-135' 75-93' 12 x 1' 1.25 x 42 x 6" 4" 502
Nov MeanHa Ens•At6139vs7b,N 1ed de laiima pale loading wlibt mulapN.dc..Se FPkby 3a me
• b We tang.,seppONFllamY=POW dtemplate and emberlef mxhv belts xuWiI1�0n9rrp 6e15 a10'tlen fariimnercadim9404mm�1raulnnp 6axfiilw,
g.. Ordering Information [•3 "1' ,. ;_� a- r3 II
Campion part number requires shalt above Rims e s le Mater141 New, xorn. 5 ft Mount
mounting typa,lbehl%and epprapnrte o$atn beimw. Sex‘. Length Length Shaft Thick Typo Finish
l�d Mounting
JA bin nk Dark Bronze IfiXAR Side-5,n211 - 90e 1d glad, 65 Internal Coating(Nubye85eall)
Cx Si c•Doublertla0^ Corte
Side gyg Gray •18 15is Amp and r'
DX Side-Mpk ac 90^ RR 0 + 11/2""e Nantlhg,
PX Side-Quad at 901" PS P�l�e inum Silver r
P1 Pad Mount-Spider Type RD red 044mium Col 2',C
•' P2 Pad Mount-Hft Type P6 Forest Green(Premium 001011 M'Cou mg Lu
P3 Pod Nouns•Yoke type CC Gahm COPP(COPP*Pactay) Dia Vibration Damippeeirre 8raduP
' - T?Treformeyr aXL on) cm l)y) M Primer Prim Only LAP Less Anchpr jails*14 Tanpn(2 71'00) ( 6A Certified(con>.rk factory)
TR Removable Tenon(2 SMx4174)'
CD Cencord Lumina(re
Or Noddmmn06ndudes pole cap)
1 OlP iVMxex Sit.l.bmN+irtr Mahn*PAM pole f410a17•Chum Ott mid MenuMin ae seYr4•.NSta051MNu,5-b olta A"mdalb.6.OSWARD
emwstlaee I."ts,m1�uu���ourmmi=a narrator.r•x lo•db Hind son e•xavalm e,hwd d•1'Jr retrial.Fm
fY^NwlooeayaplebJMbpoY terON4bnprgr4 b/ ^9k lm-1Yg7{FIMW
4x708 Li'CHTirfls
02/19/2007 19:40 970-351-0420 MEWCO GR EL_EY PAGE 05
MOUNTING ACCESSORIES
Accessories:Trunnion Mount Fittings
Catnr.,q'Nun b.'• 1
WD floodlightspi,.;;lir ):.:
;0740 Stem Sripfitter for 2"pipe,3 318"00 yoke mount,bronze finish 4(1.81
sos10 Heavy duo/cast Iron crosserm fining for horizontal uunnkri.Bronze Lektroeote4A) 3(1.4)
4944 Heavy duty wall mount and/or pipe damp fitting.dam 2'-
L -30' Sa retainer coin la3'00 m pipeetal
9(4.1)
�Y P bwith crimp damp and 30'long Vs"stranded metal cable .3(d.i)
1 ran robe(trurni«s)mounted unit'only.
r
its ,� , .F _1'
ii
C D 0)
40 4t 4090 4444
iII-3a
A a c D
Fri-F---$716`dia. 5/16*Jot 13116"dia.
4090 L79 nmm 14 mm 8 nun 21 mm
- Accessories: Wail and Pole Mount Brackets
,'�� C3ta,ngNuri+bar • ':Dew'pt:grs `�+tY;in r4a ri:rti ,ns in$;
For Ufa With Owasso fittings
�s Am', i�eicjlt'
• ... 4040 Heavy duty steel waU/pole bracket.Bronze tektrocote. 53(2.5) 90(fib)
4041 heavy duty steal wa{Itpole bracket Use With%Otterfittings
slipfitter units or 4024C Bronze leIctro off 2'pipe t2 'O0)tenon fhting for we with 7 Z)0.
90(40.8)
:' 1'WK-11 Wall Bracket with splice compartment for thru wiring with 2'pipe(2 3/i<'O0)
tenon 15(6.8) 90(40,8)
:.1�. Te8-f Wood pole damp on bracket with 2'pipe(2 3,4l°00)tenon.Cam 6'to 12'
�.. TCB-2 cloister. Campo 16 p.3) 70(31.7)
('� Wood pore damp an bredtet with 2"Pipe(2113'00)tenon-Two tenons at 90'
"r (damps 6"to 12`diameter) 20(v.1) 140(63,4)
`: 7C-3 Wood pole clamp on bracket with 2'pipe(2 318'oD)tenon.Three tenprD at 120'
iii''iilia.•: (clamps 6'to 12'clemet or)28(12.7) 210(95.f
tenon Reduces!
;'; : 7' 2 1R"to 7'pipe size tenon reducer 6(2.7) 105(47.6)
T�3' 3'to 2"pipe size tenon reducer 8(3,6) 105(47.6)
• 4' f'to r pips size tenon reducer 8(4.1) 105(47.6)
Note Bronze[Dior e.derd,lot eths calm,add ruf&to r talvp number 4N5a black(mat -MS7 white Phish,-M51 gray finish.
7 Bracket I.0.,31116'
7 erndttt l.D,311"
. 3 aradtet Ill,4SW
�- F-41.4
e II'I —'` 'I
A
(152 mm)
r q C A
�� ' I-�►l
kir illeamir _--1- 'g
4040 4041 TVYK-11 Tai-1 T1r -2 TCa-3
A B c 0 E
8 1/4" 9 1/7' 11' d' 11/16"dia. 18
404ei4o11/1WIc.t1 1210 mm 241 mm mm 203 mm 17 mm
. Zs.orP.sw"+'t Tall
02/19/2007 19:40 970-351-0420 NEWCO GREELEY PAGE 06
•MOUNTING ACCESSORIES .� :4
F..
Accessories: Steel Buflhoms
f.Admraatr L04tIm EPA •
_..
t.at:tlb�'rlati,:, t i h .2..i.
K
t,[tur•i!tv IP:rP ht IL;/:q1 • ")e iii Ftii•n :a t ' '•,;,._
TH0-21 2 210(953) two trnlons at 180- 17(7.7) .9(0.1) .%;,-...-..1r"..
THea1 3 I15(142.9) three tenons at 180' 3sy t
3 315(142.9) Three tenons at t70' 23(10.4) 12(0.1) -.,1,L
T)4R-47 4 42D(190.5) four t+anorts at 180' 43(19.5) 22(0.2) ',;
TH8-43 4 420(190-5) Four tenons at 90' 29(13.1) 13(0.7) :ti-
Nate Gatwrrzed mailable,add"'Him-d3a-
F
4- B —_.4 �-t- B C (arm-arm y _f t:. TH6-43
_ —>� A e C D E F
j'4` T t 6" 30' 15' 19" 27 22 71I'
406mm 762mm 381 awn 483mrn 616 mm 572mm , �''
A
11. r'
me-41 0
0
Accessories: Square Steel Brackets a
Q
r
14).+rrtrnt:ri Nr:i Fiy-1.•,.t,•nnn EPA.! I1)reiiniwe brrr:prion ' Ihti kry;. {; r1
(' A:.tllit 2i's.h.et ...,.
538-21-N61 riein 180• 60(272) 1.2(0,1) 24(10.9) +,�
SSa-31-M51 Tripk 1For 611(272) 21(0.2) 44(199) -.`
SSB"41-#131 Quad 180' 60(272) 3.4(0.3) 64(29) —.1.
SSB-434ast Quad 90' 60(27.2) 2.8(0.3) 46(20.8)
Non C alog kumber has b+onra finish change M51 to MSOfor black,1452 for%M e.M53 For grog- Li t
•
I.---
. — A `1 1.--A—,..., I A B C a E .-.
_ �( 04' 20" S4' 78' 30-
f( —ter 610 mm 762 mm 1372 mm 19811 mm 762 mm 1
•
I I...-1 _
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tumour Wag, 613
02/19/2007 19:40 970-351-0420 hEWCO Gh'EE.EV PAGE 07
CATALOG NO. FPM175MAL8 !sno
TYPE NO. JOB NAME BLDG.LIGHTING 1-2
FloodPak Series
FPM I '�
ORDERING INFORMATION
Catalog Number: Example:FPM175MAL-a
FPM 1
aloha I Iwe cauntaj I MIS ( PBODUCT
IaMaeul Hale AMcAWratic
Floodeck neetdbyum*iylesdium SPECIFICATIONSf WWMi ur seal Mon e I LAMP I Nmrrod taame f Amer] •The FtcocPak a perfect blend
5747W pix.tipt7 1-Lanpp I.120V Of architectural design and
1TO-100W NFL-Comte ("Wiwi &2Mii •
performance.
NOV,V •The RepdPak can be surface
t�-tstw PW gar 9taamounted In various positions.Ursa
175-175W Siete I Wads 277Y tt as a cut-off weflpadtc Or tip it up
PF)
22.5°for forward throw with
HID orbs suppflee axe dear medium lose lamp. semi-QS-oft
g or
n Itp ov45a
for
'AMC Wadable on 175W adore. r rtint ertfac gt ti
_.. use n for irxfrxvstorla igharg.
•The FloociPak can also be pole
mounted or ground marred
ACCESSORIES mounting
•Preraaon die cast alumintm
FPSKNucKLE-f/2'Adjustable Knuckle. PP48-Three tide FS style cover cover construction.Al exposed
FPSARM-Smetoustandard stogie.Converts far try on standard gang FS bocce. hardware is stainless steel.
Roodbsc to pole-mount(minimum 4' FPaaSNIt1D-Vandal Shield.Helps •Dumpiest II dark bronze polyester
square pole). protect lens and far p fpm breakage. Powder finish ie standard but the
F>'2-Slrgls Mkt round cover tar use Gear pdycerbonate shield mope in Place RoodPek Is available Intimately
with standard 4'round surface boa over grass lens. of designer colors.
FPM--Single hole FS style cover cover EPSWfil1-Round poi adaptet •Motged doer frame with dear
for use on standard single gang FS boa MUSS.gaplacerrent lens, tempered glass lens.
•Moo-faceted reflection system
provides uniform distribution.
•rnleoti n molded triple linger
TECHNICAL INFORMATION stonegasket
•Ii.wet location bled for above
or below horizontal aiming.
•Complete with a A epprovad
/I7rp mounting boot rated*or g0'C
supply wire with integral bubble
level.
1r •Integral heat sink ensures cod
1a7Ar operation.
•Meets IESNA cut-of requirements.
•Contractor Flimsy design with
h��wiring.
easy,
•
w ing.
ut wet undo)Wed.
7174 •rws•. -)�
28441*AND W.•Union.NJ 0705$•eOaa94-7O0O
02/19/2007 19:40 970-351-0420 NEWCO GREELEY PAGE 00
1 -2 FloodPak Series FPM
PHOTOMETRICS
9M
25
2.5
110, - 5
e e ' (ier
�5 S
wri
1101 K„)
PAH GM —
3MH 9JH
911 'JIM 1MH a 1MH 1JH 9M SMl 9e1 1W 0 tiH tl41 901
FPM175MAL-8 0 0° FPM175MAL-8 Ot 22.5•
ana `
9JH
W7CANDLE CORRECTION
Ine1 1 5 Multtpry the/abaft%dem$00023ndIM vale for changes timesthe
3.6 To Mang Weil
' ro Charge tlan 15'
114441 Nov I4065' 15' 15' 20'
Facto 3.5 2.6 to 0.6
91
LAMP MID WATT CONVERSIONS
9AH - Lamp 70W 100W 150W 175W
MJtIQNer .1D .57 0.7 1.0
aaM Sit IMN a 114 9M till
FPM175MAL-O 045°
MOUNTING OPTIONS
0°Down Y2.6°Down 48°Down 0°Up ?.2.6•Up 46•Up
Zit �11::1C1_I.
2545 tin iy Rd.°MI*31.NI PM•Sae-Yx-7005
7/0d
207 ocie• 71 39
WOODROW & SOBEL, P.C.
ATTORNEYS AT LAW Denver Place-South Tower
999 Eighteenth Street.Suite 2550
Denver,Colorado 80202
Telephone: 303-296-1400
Molly Sommerville Buchanan,Esq.
mbuchanan@woodrow-sobel.com Facsimile: 303-296-1924
E-mail: law@woodrow-sobel.com
November 3,2006
Via Telefax and U.S. Mail
ON)53..-9854
Dusty McCormick
Ag Professionals, LLC
4350 Highway 66
Longmont, Colorado 80504
Re: Defann Special Review Permit Application
Township 7 North,Range 6S West
Section 17: N/2; SW/4 (portions)
Weld County,Colorado
Dear Dusty:
This letter follows up our telephone conversation on October 31 concerning the notice of
a hearing in Weld County on December 4 upon the application of Margaret DeHann for a special
review permit for property described as portions of the N/2 and SW/4 of Section 17, Township 7
North, Range 65 West. I understand that you represent the applicant concerning land use issues
related to the application.
As we discussed, this law firm represents Anadarko Land Corp. ("Anadarko Land").
formerly known as Union Pacific Land Resources Corporation,and Anadarko E&P Company I.P
("Anadarko E&P"), formerly known as Union Pacific Resources Company, with respect to the
application for development. Anadarko Land owns all minerals in the SW/4 of Section I7
(hereinafter the "Property"). The Anadarko entities do not appear to own mineral interests in the
N/2 of Section 17.
I received the proposed footprint for the location of the dairy operations on the Property
that you sent me, and it appears that the N/2SW/4 is significantly impacted from the proposed
locations for the facilities for the dairy operations.
EXHIBIT
I K
UsR- 4-it t3
-- Dusty McCormick
November 3,2006
Page 2
1. The Oil and Gas Interests.
With respect to the oil and gas interests that the Anadarko entities own in the SW/4, they
do not intend to object to the application; however, they do assert their ongoing rights as owner
of the severed oil and gas interests to develop the oil and gas that underlies the property and their
common law rights to use as much of the surface of the Property as is reasonably necessary to
develop their minerals.
2. The Coal and Hard Rock Mineral Interests.
As I think we discussed, Anadarko Land typically enters into arrangements with surface
developers for the disposition of its coal and/or hard rock minerals in cases where hard rock
mineral development will be precluded because of surface development. The disposition of the
hard rock minerals can range from a mineral deed to a long term nondevelopment lease to a
relinquishment of surface rights.
A senior geologist with Anadarko Land has reviewed the Property for coal resource
potential and determined that the Property is underlain with Laramie Formation coals that are
approximately seven feet thick and at a depth of about 145 feet. Laramie Formation coals
typically have a high BTU of approximately 8900 to 9800 btu/lb and a low sulfur content of
between .3 and .8 percent. The geologist estimates that approximately 1.9 million tons of coal
underlies the SW/4 of Section 17.
It has been the experience of Anadarko Land that surface owners generally wish to
resolve potential conflicts between prospective surface development and the development of the
hard rock mineral estate. If your client would like to purchase a relinquishment of surface rights
for the coal and other hard rock minerals for the Property from Anadarko Land for title or
marketability reasons or other reasons, Anadarko Land would propose to provide your client
with a relinquishment of surface rights to develop the coal in exchange for a payment of$150 an
acre or the amount of$18,000 for the 120 acres ineludcil in the application in the S1,114.
/4.
Enclosed is the form of relinquishment that Anadarko Land generally provides in such
circumstances. Also enclosed is a copy of the pertinent portion of the Colorado Coal Resources
and Development Map which documents the nature and extent of the coal resources that underlie
the Property.
Dusty McCormick
November 3,2006
Page 3
This proposal is subject to final management approval for Anadarko Land.
Please let me know how you wish to proceed in this matter.
Very truly yours,
WOODROW& SOBEL,P.C.
'Molly Sommerville Buchanan
MSB/sa
Enclosures
cc: Don Ballard
Torn Marranzino
Terry Enright
AUPRO ■
COMPLETE LAND AND RESOURCE SOLUTIONS
January 19, 2007 e
cOp
Woodrow & Sobel, P.C.
Attention: Molly Sommerville Buchanan
Denver Place— South Tower
999 Eighteenth Street, Suite 2550
Denver, CO 80202
Re: DeHaan Special Review Permit Application
Township 7 North, Range 65 West
Section 17: N 'A; SW 'A
Weld County, CO
Dear Molly:
This letter is regarding your offer to relinquish rights for the coal and other hard rock
minerals for the Property from Anadarko Land for title or marketability reasons or other
reasons; more specifically our proposed USR application for a dairy.
Legal Description: Lot D of RE-4098 being part of the W1/2; Lot B of RE-965 being
part of the W1/2 of the NE1/4 and the NW''A;Lot B of RE-1729 being part of the E1/2
of the NE1/4 of Section 17, Township 7N, Range 65W of the 6th P.M., County of
Weld, State of Colorado.
Our client wishes to resolve this matter with Anadarko Land Corp., however they feel the
$150.00 per acre is too high. We recognize, given the amount of overburden, that accessing
the coal resource is not practical or it would have been mined if it were profitable.
However, we also recognize that Anadarko has an ownership right and that, although
unlikely, the resource could potentially be viable in the future.
Our client offers to buy the relinquishment rights for$15.00 per acre for the 120 acres, or
$1,800.00. If Anadarko Land Corp. finds this offer acceptable, our client would be happy to
complete the relinquishment form and get this matter resolved as quickly as possible.
ENGINEERING, PLANNING, CONSULTING & REAL ESTATE
AGPROfessionals, LLC/LANDPROfessionals, LLC .EXHIBIT
4350 Highway 66• Longmont,CO 80504
970.535.9318/office• 303.485.7838/metro.970.535.9854 /fax• www.agpros.com
ESE_ #f58$
If you have any questions, please call AGPROfessionals, LLC at (970) 535-9318. We will
be representing the owner throughout the Weld County Special Use application process.
However, if this matter goes beyond the simple relinquishment form, AGPROfessionals,
LLC, not being attorneys, would have to refer this matter to our client's legal counsel.
Sincerely,
Cody ollmgsworth
Planner
CC: Weld County Planning Services
'-' ENGINEERING, PLANNING, CONSULTING & REAL ESTATE
AGPROfessionals, LLC/LANDPROfessionals, LLC
4350 Highway 66• Longmont,CO 80504
970.535.9318/office• 303.485.7838/metro•970.535.9854/fax• www.agpros.com
res4\e‘ss-1.
Weld County Referral
' September 26, 2006
Q Weld County Planning Department
GREELEY OFFICE
COLORADO DEC 1 9 2006
The Weld County Department of Planning Services has received the folioRi�E1rtjj®
Applicant Margaret DeHann Case Number USR-1583
Please Reply By October 25, 2006 Planner Hannah Hippely
Project A Site Specific Development Plan and a Special Review Permit for a Agriculture
Service Establishment primarily engaged in performing agriculture, animal
husbandry or horticultural services on a fee or contract basis, including Livestock
Confinement Operations (a dairy operation with a total of 8,000 head) in the A
(Agricultural)Zone District
Legal Lot D of RE-4098 W2; Lot B of RE-965 W2NE4 & NW4; Lot B of RE-1729 E2NE4
of Section 17, 17N, R65W of the 6th P.M., Weld County, Colorado.
Location South of and adjacent to CR 14; east of and adjacent to CR 41; north of and
adjacent to CR 80; west of and adjacent to CR 39.
Parcel Number 0709 17 300057, 0709 17 00051
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
Weld County Planning Commission Hearing (if applicable) December 5, 2006
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
OVE We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments•
qp
Signature Date abfri
Agency
TOWN OF EATON EXHIBIT
Weld County Planning Dept. -N83 Fiftvistfeetreeley,CO. 80631 •'•(970)353-610(1 ext.3540 •3(970)304-6498 fa
Eaton, CO 80615-3479
TOWN OF EATON, COLORADO
RESOLUTION NO. 2006-13
A RESOLUTION OF THE BOARD OF TRUSTEES OF IIIE
TOWN OF EATON EXPRESSING THEIR OPPOSITION TO
CASE NO. USR-1583 PROPOSING A SPECIAL REVIEW
PERMIT FOR A AGRICULTURAL SERVICE ESTABLISH-
MENT CONSISTING OF A DAIRY OPERATION WITH A
TOTAL OF 8,000 HEAD LOCATED AT SECTION 17,
TOWNSHIP 7 NORTH, RANGE 65 WEST 9 (APPROX.WCR
39 AND 80) WELD COUNTY, COLORADO, AND
OPPOSITION THERETO.
WHEREAS, on September 26, 2006, the Weld County Planning Department forwarded to
the Town of Eaton a Referral with respect to Case No. USR-1583 described as an application for:
A Site Specific Development Plan and a Special Review Permit for a
Agriculture Service Establishment primarily engaged in performing
agriculture, animal husbandry and horticultural services on a fee or
contract basis, including Livestock Confinement Operations (a dairy
operation with a total of 8,000 head) in the A (Agriculture) Zone
District.
The location of the proposed project is:
Lot D of RE-4098 W2; Lot B of RE-965 W2NE4&NW4; Lot B of
RE-1729 E2NE4 of Section 17, T7N, R65W of the 6th P.M., Weld
County, Colorado;consisting of the land south of and adjacent to CR
14; west of and adjacent to CR 41; north of and adjacent to CR 80;
east of and adjacent to CR 39.
WHEREAS,in its initial response to the above-described referral dated October 2,2006,the
Town of Eaton responded that the Town of Eaton"...reviewed the proposed project and [found] no
conflicts with our interests;" and
WHEREAS,upon further review and consideration of the proposed dairy project,the Town
of Eaton has determined that it is not in the best interests of the residents of the Town of Eaton that
Weld County approve the above-described Site Specific Development Plan and a Special Review
Permit. In particular, the Eaton Town Board believes that the proposed dairy project will adversely
impact the residents of the Town of Eaton, including those residents residing south of the project
along the WCR 39 corridor; and the Eaton Town Board is concerned about the proposed dairy's
impact on traffic, dust, flies, odors, contamination of air and groundwater, and its visual impact;and
NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF EATON, COLORADO, t'HAT:
Section 1. The Town of Eaton hereby withdraws its October 2, 2006, response to the referral
from the Weld County Planning Department stating no objection to the proposed dairy project.
Section 2. The Town of Eaton hereby finds that the proposed dairy project conflicts with the
interests of the Town of Eaton and thereby enters its opposition to the proposed dairy project.
Section 3. The Town of Eaton hereby enters its support of the findings and decision of the
Weld County Planning Commission on December 5, 2006 rejecting the proposed dairy project;
Section 4. The Town Clerk is hereby directed to forward a copy of this Resolution to the
Weld County Planning Commission and the Weld County Board of County Commissioners.
ADOPTED AND APPROVED this 14th day of December, 2006.
TOWN OF EATON, COLORADO
ATTEST:
c
(1 MayorKeith A clntyre
By c..42,4-2- Si
Erika Bagley, To C r
•
1
Page 1 of 1
Esther Gesick
From: Bill Jerke
Sent: Tuesday, March 20, 2007 2:51 PM
To: Esther Gesick
Subject: FW: USR-1583(DeHaan Dairy)
Attachments: dairywcc.doc
From: GREG MAACK [mailto:gsmaack@msn.com]
Sent: Tuesday, March 20, 2007 11:20 AM
To: Dave Long; Douglas Rademacher; Rob Masden; Bill Jerke; William Garcia
Cc: gsmaack@msn.com
Subject: USR-1583 (DeHaan Dairy)
Please find the attchment to be a letter about this case. If you have any questions please do not hesitate
to call. Thank you.
Colorado Commodity Traders, Inc.
Greg A. Maack
1-970-352-0593-Work
1-800-234-0593-Work
1-970-302-0593-mobile
1-970-454-2997-home
Live today like you wish you had yesterday. Live tomorrow like today!
U
r _ _,
3/20/2007
USR-1583
March 20, 2007
Weld County Commissioners
915 Tenth Street
P.O. Box 758
Greeley, CO 80632
Dear Weld County Commissioners:
This letter is in reference to USR-1583 (DeHaan Dairy). My name is Greg Maack and I
am pro agriculture. I am tired of development growing out to rural ag areas and then
complaining. However this is just the opposite as large confined feeding is imposing its
rights on growth.
I am on the Eaton Country Club Board and the Hawkstone Board and both organizations
,•-•••• oppose this site for a special use permit.
Eaton city limits is now within 1.5 miles of this site and Ault city limits is also within 1.5
miles of this proposed dairy site. Eaton 10 years ago was 3 miles away. In another 10
years where will we be, as growth is more than likely going to happen in this area?
We have watched Greeley forced to buy out at least two feedlots that I know of with tax
dollars because Greeley grew out to these areas. Will we let that same thing knowingly
happen to these communities in the near future?
I applaud Weld County Planning Commission for voting this dairy site down 6-2 on the
basis that this dairy of 8000 head will cause more than minimal damage to the area and
because the number of cattle proposed does not fit under the Right to Farm Act which
would allow approx. 1500 head on acreage of this size. Therefore this is classified as
industrial business and not agriculture business.
I feel that this dairy will cause undue stress and problems for agriculture that has been in
this area for decades. This dairy brings many concerns with it, as it will cost substantial
monetary value for the people in this area and our neighbors. This is brought on by water,
air, light and noise pollution. The truck traffic will be considerably more, approximately
20 truck loads of additional truck traffic on WCR 39 per day. These same problems will
cause existing agriculture problems as the area tries to rid itself of these problems
because of heightened senses brought on by this dairy operation.
The public is very concerned about this issue as I saw over 150 letters of opposition
signed in just 4 days that were presented to the Weld County Planning Commission.
I do not believe the opposition is against this particular dairy but against the dairy site as
it is at the wrong place at the wrong time. The area of Eaton and Ault overall is pro
agriculture. The area overall is not for this dairy to get a special use permit for this
location. The majority of people and businesses with deep agriculture background that
make their living from agriculture are not for this site to have an 8,000 head dairy on it.
We will eventually have the largest milking parlor in the world, Johnson Dairy, within 7
miles of this proposed site. The Johnson Dairy was and is a proper site for a confined
feeding location. A good decision was made to put a dairy of this size here. It has
minimum impact to the area today and for the foreseen future. However the USR-1583
case is just the opposite and more is not better for this area.
Here are some facts for this case.
I am in agriculture and deal with agriculture in a seven state area. My expertise is in
cross country grain shipments by semi truck to feedlots. There have been studies done
that show an impact to an area within a 2 mile radius of confined feeding. Damage to
Hawkstone residents alone is $7,000.00 per home or$2,500,000.00. This money never
comes back. Yes, once this initial hit has been taken, over the coming years the homes
will increase in value but the initial loss never comes back.
Eaton Country Club has open membership at this time. The business of golf is very
competitive. The idea is to get away from your problems and enjoy a fun filled day away
from the hustle and bustle of everyday life. With this dairy moving into the area, within
one mile, at the crossroads of WCR 39, which is the entry way for people coming to play
the course, the people's senses will be heightened and could cause Eaton Country Club to
lose new and existing membership and revenue at the restaurant and bar. Eaton Country
Club turns over forty memberships per year and most of the new memberships that
replace the lost membership come from the Fort Collins area. If these members decide
not to join because of this dairy we then have to raise the dues for the remaining
membership which then forces more membership out because they cannot afford it or
because Eaton Country Club is no longer competitive. This could be devastating for this
business.
I have heard that the dairy wants to be in the Front Range area instead of say Yuma, CO
because of a freight advantage for milk of$200,000.00. This statement confuses me.
Since much of our milk goes east to Fort Morgan, for the cheese factory, which is half
way between Ault and Yuma. The other thing I will note here is that grain moves east to
west since Colorado is a grain deficit state and the states to the east of Colorado have a
surplus of grain. The following example is for any grain in Yuma, CO vs. Ault, CO,
from corn and silage to any grain ingredient they may use. There is an approximate
$200.00 per semi load (approx. 50,000 lbs of feed per load) savings for grain either
growing or shipped into Yuma, CO VS Ault, CO. @ 6 truck loads per day this is
$432,000.00 savings in Yuma, CO vs. having it shipped to Ault, CO.
Let me get to the point of what I believe this site is all about and that is business. If you
were to start up a business and could put it next to a growth area and have the land value
multiply by 10 times in 15 years vs. doubling in price in 15 years in another area; where
would you try to build? The problem is this comes at an expense of millions of dollars
from so many people and businesses that are already in this area. This is a real estate
venture and if you will look it is trying to be done across the nation with dairy ventures.
Most are being stopped in a close proximate of city limits and growth.
I ask that you look at the plan for this area today and for our future. I believe you will
agree that this is more detrimental than it is beneficial for this area. There are many areas
within even 3 miles to the north and east of this site that would have minimal impact. I
ask that you vote"no"on the special use permit for this site.
Thank you for your time.
Greg A. Maack
r
BOARD OF COUNTY COMMISSIONERS' SIGN POSTING
CERTIFICATE
THE LAST DAY TO POST THE SIGN IS 3/25/2007 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, Hannah Hippely ,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-1583 an 8000 head Dairy IN THE
AGRICULTURAL ZONE DISTRICT.
Hannah Hippely
Name of Pers Pos g Sign
Signature of P son Posting Sign
STATE OF COLORADO
)ss.
COUNTY OF WELD }}2,((-,pp /�(
The foregoing instrument was subscribed and sworn to me this cn- aay of t \ Ch , 2007.
WITNESS my hand and official seal.
literid
N tart'Public y`, I'� r
nn J Gt�4VR
My Commission Expires: I( ;"l CI-«
EXHIWT
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Page 1 of 2
Esther Gesick
From: Jcsnwambi@aol.com
Sent: Sunday, March 25, 2007 9:05 PM
To: Esther Gesick
Subject: Response in regards to Docket 2007-18
Jim Wambolt
19534 WCR 80
Ault, CO 80610
March 25, 2007
Docket# 2007-18
Dear Members of the Board of Weld County Commissioners,
In response to the request for USR-1583, I ask that you consider the recommendation of the
Weld County Planning Commission's hearing which was held December 5, 2006, and vote NO on the
-- 8,000-head dairy operation. Most of the people attending the December meeting agreed that another
dairy would be good for Weld County; however the location chosen is in the wrong place for the
dairy. The location is 11/2 miles east of Ault, 1 mile north of the Eaton country Club, and 1'/2 miles
north of the city limits of the town of Eaton and the Eaton public park. A location 3 miles further east
would affect less of the population and only be 3 more minutes drive for deliveries in or out of the
operation.
I am not opposed to agriculture. I was born and raised on a Weld County farm and never lived
anywhere but Weld County for all of my fifty-five years. The majority of which has been in rural
homes. My wife was born in Larimer County, raised on a farm, and has lived much of her life in the
country. The twenty two years we have been married and have raised our sons has been outside city
limits.
My family and I live on county road 80 across from the proposed location. My wife and I
recently visited the Johnson dairy at county roads 74 and 47—the site of an 11,240 head dairy—in
order to get an idea of what an 8,000 head operation would look like. The DeHaan dairy would be 3/<
the size of the Johnson dairy. We know we live in an agricultural zone and that for the past 16 years of
living here, it could be possible for most anything agricultural to happen around us; however about the
only thing we have seen in the past 16 years of living here is the building of roughly 600 sin.le-famil
:4T.
3/28/2007
.
Page 2 of 2
homes, an Eaton public park, and one Church all within 2%2 miles from our home.
I fully believe that this area has been going more towards residential development and less
towards industrial-agricultural industry.
We were told by a dairy spokesman at the December meeting that the site was chosen because
of the infrastructure. The site has a road, water, and electricity, but most of Weld County has those
facilities to offer. The same person said that there would be no dust, no smell, no flies, no ground
water contamination, and our property value would go up. How could anyone believe any of these
statements to be true when viewing the site of the Johnson dairy at County Roads 74 and 47? Rex and
Julie Walker haven't seen any increase in value to their property being next to the Johnson dairy.
We enjoy having the windows of our house open during the nice Colorado weather, and
spending time with family and friends outdoors barbecuing or relaxing in the fresh air in our spare
time. If the dairy moves in, our life style and the life styles of all of our neighbors will be forever
changed by the noise, dust, stench, flies, and loss of property values, traffic, and nighttime light
pollution. A dairy operation runs 24 hours a day, 365 days a year, there is no down time, it is non-stop
activity.
Please consider the changes in your life styles and property values if an 8,000 cow diary
moved into your neighborhood. I encourage you to see the impact the Johnson dairy has brought to
their neighbors.
There is plenty of less-populated land in Weld County with roads, water, and electricity that is
distanced from established towns. A dairy at the proposed location would force taxpayers to condemn
the property and buy-out the operation within 12 to 15 years so that Eaton and Ault could continue to
grow as they have been for years.
This is not a temporary "try it and see if you like it"option. If the dairy is allowed to go in at
the proposed location, it will impact this neighborhood in a bad way for a very long time.
Respectfully,
Jim and Cindy Wambolt
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r
3/28/2007
Page 1 of 1
Esther Gesick
From: Bill Jerke
Sent: Monday, March 26, 2007 11:09 AM
To: Esther Gesick
Subject: FW: Proposed DeHaan Dairy USR-1583
From: Ann L. Aron [mailto:alaronl@earthlink.net]
Sent: Saturday, March 24, 2007 5:19 PM
To: Dave Long; Bill Jerke; Douglas Rademacher; Rob Masden; William Garcia
Subject: Proposed DeHaan Dairy USR-1583
Dear Commissioners:
I wish to convey my grave concern regarding the proposed DeHaan Dairy. I live in the Hawkstone Subdivision of
Eaton. A dairy of that size will certainly adversely affect the quality of life in the surrounding area. A dairy this
close to a residential area will increase noise and odor pollution and increase truck traffic.
Please vote against the application.
Sincerely,
Ann L. Aron
1425 Hawkridge Road
Eaton, CO 80615
s e ,e•
3/28/2007
To the Board of County Commissioners;
Reference. Docket#2007-18 Special Permit Review 1583
Land owner; Margret DeHaan
Proposed Land Use; 8000 head dairy
As a resident of the town of Eaton I would encourage all commissioners to vote against the use
of the property between Highway 14 &WCR 80 and WCR 39 &WCR 41 for this magnitude of a
dairy operation. This property is too near an established town boundary without any future town
expansion considered. I have grown up and lived in the Weld County area all my life and have
roots in the Agriculture of Weld County but, to allow an operation of this magnitude so close to
an already established subdivision is only an invitation to problems in the future. Dairies do not
make good neighbors for subdivisions. They create dust, they have odors, They have feed matter
that will blow into adjacent fences and yards. That doesn't make them bad, They can't operate
without doing these things. New dairies need to be started in areas of our county where
agriculture surrounds them, not subdivisions. Thank you for reviewing this request.
Respectfully Submitted
Marvin Johnson
254 Ridge Rd.
Eaton, CO 80615
Page 1 of 1
Esther Gesick
From: Vito LA'BARBARA[CALLEATON@MSN.COM]
Sent: Wednesday, March 28, 2007 7:24 AM
To: Esther Gesick
Cc: Bill Jerke;wgarcia@co.weld.co; Douglas Rademacher; Dave Long; Rob Masden
Subject: Docket#2007-18
I am Barbara LaBarbara; I live at 800 Hawkstone Drive #20, Eaton, CO.
I am opposed to the Margaret DeHaan proposed dairy not only because of the smell and air
pollution but because of the traffic it will create.
I am not speaking on behalf of the numerous number of children who get on on off a school bus
in Hawkstone or the businesses in the Eaton area that offer outdoor recreation, but you need to
be aware of both. I am speaking as a resident of the Hawkstone subdivision which is on the east
side of Eaton and approximately one mile from the proposed dairy.
An 8,000 head dairy could have at least 50 employees which mean as many of 50 vehicles
feeding onto CR 39 twice a day. More importantly, how many trucks a day will be required for
feed delivery, milk pick up, and manure removal? If any of you have driven on CR 39 recently,
you know it is already the "Eaton Speed Way."
An 8,000 head dairy on one section of farm land is not the normal agriculture used for our area.
It is a mega, big business that does not belong in a low impact agriculture/suburban area.
It will have a negative impact on our traffic, air quality and property values.
Thank you for hearing my concerns.
WENT
3/28/2007
Page 1 of 1
Esther Gesick
From: Bill Jerke
Sent: Tuesday, March 27, 2007 2:30 PM
To: Esther Gesick
Subject: FW: DeHaan Dairy USR
From: PBL61155@aol.com [mailto:PBL61155@aol.com]
Sent: Tuesday, March 27, 2007 2:12 PM
To: Bill Jerke
Subject: DeHaan Dairy USR
Bill,
The proposed location for the dairy does not seem logical to us. The Eaton Country Club is used by many
groups in Northern Colorado for business meetings and social activities. Surely it would not be pleasant to
have a dairy of this size located so nearby. The membership list at ECC includes many individuals from Fort
Collins, Windsor, Greeley and surrounding areas. We would certainly discourage this proposal. Thank you for
your consideration.
Edwin and Billie Lesh
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I
c
3/28/2007
Esther Gesick
,..-From: Donna Groves [dgroves@fcgov.com]
ent: Wednesday, March 28, 2007 8:39 AM
ro: Esther Gesick
Cc: Bill Jerke; Dave Long; Douglas Rademacher; Rob Masden; William Garcia
Subject: Docket#2007-18
OPPOSITION OF MARGARET DEHAAN PROPOSED DAIRY
I am Donna Groves and reside at 800 Hawkstone #17 in Eaton Colorado.
On December 5, 2006, the Weld County Planning Commission gave a recommendation that the
Weld County Commissioners not approve the Margaret Dehaan proposed dairy operation for
THIS AREA. Please show your support of the Planning Commission and maintain their
recommendation.
I am a opposed to the above mentioned proposal. This will have adverse effects on the
greater area of Eaton. The location is close in proximity to the town itself and situated
on County Road 39 which is inadequate at this time to safely handle the current traffic
flow. This community is a growing community and home to a lot of individuals wanting to
maintain their homes and enjoy the outdoor recreational amenities. Community members have
worked hard to improve the recreational opportunities in Eaton. An outdoor track has been
added along with various neighborhood parks; eventually, we will become part of a rails
to trails program offering bicycle and walking trails tying our community in with
neighboring communities.
It would be an entirely different situation if our neighborhoods were being built next to
an existing 8, 000 head dairy. That would be a choice of the development to place itself
in close proximity of a working dairy, and a choice of the homeowners to build and live
ext to an existing large dairy production.
In this case, many individuals have invested in this community for the long term in hopes
of watching it grow and flourish and enjoying the existing opportunities in place. These
are families who work hard every day and come home to enjoy the community to which they
are contributing and building.
The addition of an 8, 000 head dairy will cause property owners to rethink their investment
in this community.
Please be aware of the numbers of inviduals the location of this proposed dairy opperation
will negatively impact. The proposed dairy is a huge operation. It is not the normal
agriculture use for our area.
Again, please also remember the vote on December 5, 2006 by the Weld County Planning
Commision - I urge you to do the same. It is not right to put this operation in close
proximity to existing neighborhoods allowing negative impacts including air quality,
pollution, increased truck traffic, lower property values and a lesser quality of life.
Thank you for considering my thoughts and concerns.
dg
�1
Gary Svoboda
23075 WCR 63
Kersey, CO $0644
March 29,2007
Weld County Commissioners
915 Tenth Street
PO Box 758
Greeley CO 80632
VIA FACSIMILE
(970)352-0242
Re: Casey Dehaan
Gentlemen of the Board.,
The dairy proposed to be built in Pierce by Casey Dehaan is an excellent opportunity for
growth and jobs in Weld County. The Dehaans currently run two other top-notch dairies
in Weld County. In the operation of their business,they purchase many local products
such as feed,equipment and supplies and use many local sen'ices such as mine, which
helps the community as a whole.
With the shrinking agricultural environment in Weld County,the addition of this business
will expand and cement our agricultural brotherhood.
Having been in the custom harvesting business for 27 years, I believe that this is a good
thing for Weld County farmers and agriculture in general. Ii is important to have a
marketplace for our products and services.
Sincerely,
Gary SVoboda,Owner
Svoboda Custom Harvesting
• f I NT
V
DeHaan Dairy USR-1583 Page 1 of 1
Esther Gesick
From: Bill Jerke
Sent: Thursday, March 29, 2007 9:41 AM
To: Esther Gesick
Subject: FW: DeHaan Dairy USR-1583
From: Jeff Groves [mailto:jeffanddonna@digis.net]
Sent: Wednesday, March 28, 2007 10:24 PM
To: Dave Long; Douglas Rademacher; Rob Masden; Bill Jerke; William Garcia
Subject: DeHaan Dairy USR-1583
Good Morning Commissioners Long,Masden,Jerke, and Garcia,
My name is Jeff A. Groves, and I live at 800 Hawkstone Drive#17(a patio home) in the Hawkstone subdivision in
Eaton, Colorado. I have lived here for 7 years after moving away from our former home in Fort Collins where we
lived in the same house for 26 years. Both my wife and I still work in Fort Collins.
I would like to express my opinion on the proposed DeHaan Dairy operation involving 8,000 cows. I am opposed
to this type of operation where it is currently being considered. Weld County is a fast growing and rapidly
changing land area, that has in the past always been primarily agricultural based for employment, residences, and
land usage. Over the past 10 + years that has been changing as people try to escape from the cities along the
front range and move to the"bedroom communities" like Eaton, Ault and in between.
Sure, I don't like the idea of increased agricultural odors from the dairy operation, or the increased probability of
ground water table pollution. The increased truck traffic on County Rd 39, along with increased traffic from
employees going to and from work also isn't appealing. By far, I am more concerned about the detrimental effect
on general property values, both in the two large subdivisions nearby(Eaton Commons, and Hawkstone), and for
individual acreage property owners.
Politically, I sure there are issues I am not aware of. But to me, one issue standing out is the vote from the
planning commission (which is people you all appointed to represent your interests in how Weld County
develops). The commission after hearing testimony from both sides felt the usage for this land, as presented,
would not be appropriate in light of the mixed residential areas that have infiltrated the former solely agricultural
land. This, to me is significant. There undoubtedly will be high priced attorneys arguing on behalf of the DeHaan
family, and none for those of us who merely wish to preserve what we have, and what we moved here for to begin
with.
I would ask that you deny this application.
Respectfully Submitted,
Jeff A. Groves
800 Hawkstone-# 17
Eaton, Colorado 80615
970-567-8131 Cell EXHIBIT
celaft,
3/29/2007
William C. Cooper
37627 Weld County Road 39
Eaton, Co 80615-9013
March 28, 2007
Board of Weld County Commissioners
915 -10th Street
PO Box 758
Greeley, CO 80631
Re: Planning Commission
Case Number USR-1583
I am writing on behalf of my wife and I, in opposition to
the proposed 8,000 head dairy operation to be located at the
intersection of WCR 39 and WCR 80.
Our opposition is two-fold. First, we live one and one-
half miles south and currently experience detrimental effects
from the cattle feeding operations in the vicinity of the
proposed dairy. If this dairy were allowed to be built, we
believe it would seriously impact the value of our property.
The area adjacent to our property on the south is residential
(Hawkstone Subdivision) and would also be adversely
impacted. Further it is our understanding future residential
development is planned to the east of WCR 39 between WCR
76 and WCR 78 which would also be adversely impacted by
the proposed dairy. It is one thing to have to endure the
detrimental impact of cattle feeding operations that already
exist. But to allow a dairy to become the neighbor of a
residential community is reprehensible and should not be
4 EX IBIT
L 583
allowed.
Our additional opposition is as members of the Eaton
Country Club. I play golf 2 or 3 times a week and know it will
not be an enjoyable environment because of the increased
odor and insect problems inherent with dairy operations. It is
marginally acceptable with the current cattle feeding
operations to the north when the wind is from the north as it
is many days.
Finally, although under the current zoning the owners
could have approximately 2,000 head on the land, increasing
the size to 8,000 makes it a milk `business' rather than
agricultural use. It will more than quadruple the odor, rodent
and insect problems.
For these reasons we would ask that this request be
denied.
Sincerely,
William C. Cooper
JOHN P. WATSON
PATTI L. WATSON
20295 WCR 66
Greeley Colorado 80631
(970) 352-9383
Board of County Commissioners
915 10th Street
P.O. Box 758
Greeley, CO 80632
March 27, 2007
Dear Board of County Commissioners:
I am writing you as a member of the Eaton Country Club and a local citizen of Weld
County. I am highly in opposition to the proposed DeHaan Dairy operation. The
proposed location for the DeHaan Dairy, will be damaging to the Eaton Country Club,
the Hawkstone Development and many owners of large and expensive homes, which
have been in the area for many years, and it will be detrimental to the co-existing area.
This location and land use change is not compatible to the Weld County Comprehensive
Plan.
I attended the County Planning Commissions meeting on December 5, 2006 in their
meeting room. After hearing many presentations and public input, their vote was to
recommend to your board for denial for the DeHaan Dairy, that it was not compatible for
the area.
Thank You
John P. Watson
EX IBIT
I M rk
HAWKSTONE
a place for living
March 26, 2007
Weld County Board of County Commissioners
915 Tenth Street
PO Box 758
Greeley, CO 80632
Re: Proposed DeHaan Dairy (USR-1583)
Dear, Board of County Commissioners,
In reference to the above mentioned dairy, I request that you deny the approval of USR-
1583. The approval of an operation of this magnitude would be one of the most damaging
things that could happen to this neighborhood for numerous reasons:
1. Over the past 12 years the area northeast of Eaton has seen the development of
two residential subdivisions, Hawkstone consisting of 355 lots and Eaton
Commons with approximately 220 lots. This obviously indicates a trend that
the neighborhood is changing and that a dairy would not be a compatible use.
2. Many Recorded Exemptions for new home sites that are very close to the
proposed dairy have been approved in recent years as well. It seems that
approval would be encouraging the creation of an "us against them" scenario.
It will create more administration by Weld County to monitor this facility
because if it is approved there will be many complaints filed as the traffic,
dust and smells commence.
3. There is currently a proposed subdivision east of Hawkstone approximately 1
1/2 miles south of the proposed dairy.
4. The pollution from a facility of this magnitude, which should not be
considered agricultural but an industrial use, will negatively affect the value of
the homes in this area.
5. I understand that the dairy intends to compost the animal waste produced on
the property, this is fine but that does not mean that it eliminates odor. The
manure is produced 24 hours a day seven days a week and it still smells.
Additionally when compost is created there has to be evaporation which
means odor so I fail to believe that composting eliminates odor, flies etc.
EXHIBIT
IIAWKS LONE DP:VELOPMEN1 I.LC I L./°.
36a OAK AVENUE, EATON, CO 80615 _ !. 15O3
(600)530-8452/LOCAl:45 .3152 LUU
6. Many of our homeowners live and work in Ft Collins and travel north on
WCR 39 to Hwy 14. This in effect has become an "Entry" to the Town of
Eaton not to mention the Eaton Country Club. Traveling past the facility being
proposed is not what would be considered a favorable and welcoming greeting
to our community. With the current Real Estate market we do not need any
new or additional negative influences on our market
7. A facility of this size will harm our home sales at Hawkstone, why would a
prospective buyer looking at our subdivision want to locate close to a facility
like this when there are many other places that do not smell or have the traffic
congestion that will be created here.
8. I cannot help but wonder why the DeHaans would want to build this type of
facility within the Intergovernmental Agreement Boundary of not one but two
Towns. Both the Towns of Eaton and Ault have stated their opposition to this
facility. I would not want to see this facility have a negative affect on the
growth of these two Towns they also do not need any offensive odors.
9. I realize that the landowners are allowed to have approximately 1500 head on
this property without your approval. If they are to do this just to get started I
am sure we could assume they will be back very soon thereafter with an
application to expand. Therefore if we are fortunate enough to have you deny
this application it should be made clear that and expansion application in the
future would not be looked at favorably.
10. I am sure there are landowners nearby to this property who feel their property
is in the path of growth and that they may have an opportunity to sell for
development someday. This facility will prevent that from happening as
growth will go in another direction when-it should be this facility looking in
another direction. We would not want to see the Towns of Eaton or Ault have
to figure out how to purchase this facility someday in the future as Greeley
had to do with the feedlots that became a problem for them.
In closing I respectfully request that you deny the approval of the proposed dairy.
Respectfully submitted,
•
Hawk on evelopment LLC
Barry J Payant, Manager
Esther Gesick
.-From: William Garcia
ant: Friday, March 30, 2007 11:04 AM
fo: Esther Gesick
Subject: FW: Colorado Dairy Industry
Attachments: De HaanProfessional Letter.doc; The Colorado Dairy Industry Quick Facts031407.doc;
w.wailes.vcf
De The Colorado Dairyw.wailes.vcf(720 B)
Professional Letter., Industry Qu...
Original Message
From: William Wailes [mailto:w.wailes@colostate.edit]
Sent: Friday, March 30, 2007 8:15 AM
To: William Garcia
Subject: Colorado Dairy Industry
Mr. Bill Garcia: Attached is a letter regarding the DeHaan hearing on the 4th of April.
Also, attached is " The Colorado Quick Facts " in hopes that you will better understand
the industry! Thanks, Bill
1 UMW
March 30,2007
Weld County Commissioners
915 Tenth Street
P.O.Box 758
Greeley,CO 80632
RE:Great Western Dairy
Dear Commissioners:
Does Weld County need additional livestock operations?This is an important question you must consider at the De
Haan hearing on April 4th, 2007. Colorado's dairy industry is truly the best in the United States. Colorado dairy
farmers produce more milk per cow(23,155 lbs. per head per year sold)which is more than any other state.At the
same time, Colorado is currently the 16"' largest dairy state in the U.S and soon Colorado will be the 15Th largest
dairy state. Why does the dairy industry continue to grow in Colorado?Another great question you may want to
consider.Although the state is highest in production per cow, Colorado is still a milk deficit state when considering
total production per capita consumption. Colorado Dairy Farmers produce 536 pounds per capita and consume
around 600 pounds per capita. The important news about the growth in Colorado is that it has been very
methodical in the planning process.At the same time,the individuals who own the dairy farms,have become very
professional in there approach to dairy farming. Colorado compared to other western dairy states(CA and ID)is so
much better off because methodical planning, the County oversight as well as the professional consultants
expertise utilized by the dairy farmers. Colorado will never have the problems that these other westem states are
experiencing with air and water quality stewardship.Again,the reason is slow methodical growth.
The distinction of being the best dairy state in the U.S. has enormous responsibilities and important ownership by
many sectors of govemment as well as the business infrastructure currently in place to service this industry(2n°
Largest Agricultural Industry in Colorado, 2004).Weld County truly is an extremely important county in Colorado
regarding animal agriculture.Cattle production is ubiquitous in every community in the county. I believe this is very
important,and as communities continue to grow, it takes economic investment by individuals who contribute to the
overall fiscal impact on communities. Dairy farmers have tremendous capital investment when building a new dairy
operation. This investment helps and contributes to the financial infrastructure of Weld County and Colorado.
Therefore,the ongoing operation of the dairy farm contributes greatly to the whole economy in communities and in
cities like Greeley.
The dairy industry, as well as the communities they have moved into has truly embraced the De Haan family.The
benchmarks and standards in Colorado are higher than other states in order to yield high production per cow.You
do not have these benchmarks without excellent husbandry practices with the cows and proper facilities. This
simply means all of the potential problems many people think will create challenges to their quality of life; dairy
farmers will answer with good management practices that they incorporate into their management programs to
protect cow welfare and comfort issues. Dairy facilities can have a dramatic impact on milk production and cow
health.Over the years field observations and results from research trials at leading universities,have been used to
improve dairy farm facilities.All components of the dairy farm must be sized correctly to create an environment that
is ideal for the dairy cow and employees who will operate the farm. I believe the dairy industry in Colorado will
continue to grow,and with producers who have done their homework.I know the De Haan's have gone through the
methodical planning process,and they will be outstanding stewards of the farm and community.
Sincerely,
William Wailes
Head,Department of Animal Sciences,Colorado State University
•
The Colorado
Daily Industry
r r r Quick Facts
Based on 2006
• Production
• 162 Dairy Farms
• Total value of cash receipts for total dairy products - $327,544,000 (2006)
• 2" in Colorado for leading agriculture commodities for cash receipts (2004)
• Colorado 16th largest dairy state in U.S. (2.55 Billion pounds; #15 Vermont 2.59
Billion pounds)
• Colorado V in milk per cow production in the U.S. -23,155 lbs/cow
• Colorado ranks 20`h in the U.S. in number of dairy cows— 110,000 cows
• Milk produced per capita in Colorado—536 pounds
• In comparison, milk produced per capita in California= 1065 pounds
• Average milk produced per capita in the U.S. 607 pounds
Dairy Farmer's of America, Henderson, Colorado
• Estimated Total Pounds of Milk Produced—2.55 Billion Pounds
• Total Number of Employees, Employed by DFA, in Colorado — 156
Weld County Dairy Businesses
• 91 Dairy Farm Businesses
• 121 million pounds milk produced/month
• 1.456 billion pounds for 2006
• Weld County produces 62% of milk in Colorado
• Weld County 21"largest Dairy County in U.S.
Example of the fiscal impact on a community: One employee's salary working in an agricultural
production turns in a community 5 to 7 times.
Information provided by CSU Dairy Extension and Dairy Farmers of America, Salt Lake, Utah,
and Henderson, Colorado.
Exhibit BB is filed
with Referrals
Hello