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Home My WebLink About20052355.tiff (\t arpolt CLERK TO THE BOARD PHONE (970) 356-4000 EXT 4226 FAX: (970)352-0242 915 10TH STREET P.O. BOX 758 GREELEY, COLORADO 80632 C. COLORADO July 21, 2005 70 RANCH LLC 5460 S QUEBEC ST STE 110 GREENWOOD VILLAGE CO 80111 Parcel No.: 096535100003 Account No.: R2648303 Dear Petitioner(s): Based upon information furnished to the Weld County Board of Equalization,we understand that you have withdrawn the petition challenging the valuation of the above PIN number. Please be informed that a withdrawn petition precludes any further challenge to the valuation of the above PIN number for this assessment period. Therefore, the Board of Equalization took no action on your petition and the assessed value remains as set by the Assessor. Very truly yours, BOARD.OF EQUALIZATION /%1ti.: e •�� Esther E. Gesick Deputy Clerk to the Board cc: Stanley Sessions, Assessor 2005-2355 AS0061 NOTICE OF ADJUSTMENT OFFICE OF COUNTY ASSESSOR 1400 NORTH 17th AVE. (4031t41: PT 35-5-63 LYING NELY OF NLY BANK GREELEY,CO 80631 OF RIVERSIDE CANAL SITUS : WELD PHONE(970)353-3845,EXT.3650 00000 www.co.weld.co.us 'NBC OWNER: 70 RANCH LLC COLORADO 70 RANCH LLC LOG 3114 5460 S QUEBEC ST STE 110 PARCEL 096535100003 ACCOUNT R2648303 GREENWOOD VILLAGE, CO 80111 YEAR 2005,-' -_1 71 The appraised value of property is based on the appropriate consideration of the approaches to value required by law. The Assessor has determined that your property should be included in the following category(ies): Agricultural land - The value is determined soley by the earning - or productive capacity of the land, capitalized at a rate set by law. If your concern is the amount of your property tax,local taxing authorities(county,city,fire protection,and other special districts)hold budget hearings in the fall. Please refer to your tax bill or ask your Assessor for a listing of these districts,and plan to attend these budget hearings. The Assessor has carefully studied all available information,giving particular attention to the specifics included on your protest,and has determined the valuation(s)assigned to your property. The reasons for this determination of value are: The actual valuation of your property has been adjusted based on new information obtained. This may be information you have supplied, corrections of characteristics or additional sales which we have uncovered during the appeals Jrocess . This value reflects the market price paid during the base period of anuary 1, 2003 to June 30, 2004 . PETITIONER'S • ASSESSOR'S VALUATION PROPERTY CLASSIFICATION ESTIMATE OF VALUE ACTUAL VALUE ACTUAL VALUE PRIOR TO REVIEW AFTER REVIEW AG LAND 5450 0 AG BUILDINGS 723721 160952 T err, rr., rd u- n ll tz wa e 42_ - eIe VOA+Or TOTALS $ $ 729171 164952 APPEAL DEADLINES: REAL PROPERTY—JULY 15,PERSONAL PROPERTY—JULY 20. If you disagree with the Assessor's decision,you have the right to appeal to the County Board of Equalization for further consideration. §39-8- I06(1)(a),C.R.S. Please see the back of this form for detailed information on filing your appeal. (0 30:_3 By: Stanley F. Sessions 06/27/2005 WELD COUNTY ASSESSOR DATE ADDITIONAL INFORMATION ON REVERSE SIDE PR-207-87/03 YOU HAVE THE RIGHT TO APPEAL THE ASSESSOR' S DECISION The County Board of Equalization will sit to hear appeals beginning July I and continuing through August 5 for real property (land and buildings) and personal property (furnishings, machinery, and equipment). § 39-8-104 and § 39- 8-107(2), C.R.S. APPEAL PROCEDURES: If you choose to appeal the Assessor' s decision, mail or deliver one copy of this completed form to the County Board of Equalization. To preserve your right to appeal, your appeal must be POSTMARKED OR DELIVERED ON OR BEFORE JULY 15 FOR REAL PROPERTY, AND JULY 20 FOR PERSONAL PROPERTY. WELD COUNTY BOARD OF EQUALIZATION 915 10th Street, P.O. Box 758 Greeley, Colorado 80632 Telephone (970)356-4000 Ext. 4225 NOTIFICATION OF HEARING: You will be notified of the time and place set for the hearing of your appeal. COUNTY BOARD OF EQUALIZATION' S DETERMINATION: The County Board of Equalization must make a decision on your appeal and mail you a determination within five business days of that decision. The County Board must conclude its hearings and render decisions by August 5. TAXPAYER RIGHTS FOR FURTHER APPEALS: If you are not satisfied with the County Board of Equalization' s decision you must file within thirty days of the County Board of Equalization' s written decision with ONE of the following: Board of Assessment Appeals (BAA): Contact the BAA at 1313 Sherman, Room 315, Denver, Colorado 80203, (303)866-5880. www.dola.colorado.gov/baa District Court: 9th Avenue and 9th Street, P.O. Box C Greeley, Colorado 80632 Telephone (970) 356-4000, Ext. 4520 Arbitration: WELD COUNTY BOARD OF EQUALIZATION 915 10th Street, P.O. Box 758 Greeley, Colorado 80632 Telephone (970) 356-4000, Ext. 4225 If you do not receive a determination from the County Board of Equalization, you must file an appeal with the Board of Assessment Appeals by September 12. TO PRESERVE YOUR APPEAL RIGHTS, YOU MUST PROVE YOU HAVE FILED A TIMELY APPEAL; THEREFORE, WE RECOMMEND ALL CORRESPONDENCE BE MAILED WITH PROOF OF MAILING. PETITION TO THE COUNTY BOARD OF EQUALIZATION In the space below, please explain why you disagree with the Assessor' s valuation. IN ACCORDANCE WITH § 39-8-106(1.5), C.R.S., IF YOUR APPEAL INVOLVES REAL PROPERTY, YOU MUST STATE YOUR OPINION OF VALUE IN TERMS OF A SPECIFIC DOLLAR AMOUNT. Attach additional documents as necessary. 5.CC S-rr ivd CI C6/ �s SIGMA IU -OFPh IIION DATE 1 PR-207-87/0] +; • zeei 70 RANCH,L.L.C. N If Operations Office:l 5460 Quebec( SO4 5 10 Village,CO 80111 Telephone S.303)773 St., Telecopier Greenwood773ood V 76 July 15, 2005 Weld County Board of Equalization 915 10th Street P.O. Box 758 Greeley, Colorado 80632 - Re: Appeal from Assessor Determination On May 28, 2005, appeals from the 2005 Notices of Valuation were submitted to the Weld County Assessor's Office on a number of tax parcels. Generally, a satisfactory response to the requests for revaluation were received. We would like to appeal the valuation of two parcels. The first is Parcel No. 096718000001. That parcel has a land value of 73,090, which appears to reflect an irrigated land value. We believe that a non-irrigated value is appropriate. (Please see pages 1 and 2 of the attached letter. Please note paragraph(C) on page 2 of the attached letter.) The second is Parcel No. 096535100003. That parcel contains a grain elevator, and other structures, which have been valued at $160,952. We believe that the value of the elevator and structures should be -0-, since there is no economic use to which the assets can be put. (Please note page 2 of the attached letter.) Thank you for your consideration of these appeals. Verification: I, the undersigned, state the information and facts contained herein to be true to the best of my know regar ' g the property. Owner: \ 70 Ranch, . .C. Date: VC—AC y: Robert A. Le bke, Manager email: BobLembke@bromlevpark.com 4 • 70 RANCH, L.L.C. /� / Operations Office: S. c , Greenwood 1176 CO g01 I I YTelephone(303)773-1005 Telecopier 77J-I 176 May 26, 2005 By Email and U.S. Mail Mr. Chris Woodruff Mr. Chuck Jack Weld County Assessor's Office 1400 N. 17'h Avenue Greeley, Colorado 80631 Re: Appeal of Property Valuation Dear Messrs. Woodruff and Jack: We are in receipt of 2005 Notices of Valuation for the above-referenced parcels located at the 70 Ranch, in unincorporated Weld County, Colorado. History: As you are aware, the 70 Ranch had been developed as a confined hog breeding and processing facility in the 1990's by National Hog Farm, Inc. Significant local opposition to the hog operation resulted in a state-wide election to adopt what is commonly known as Amendment 14. Amendment 14 significantly impacted the continued operation of the hog facility. Most importantly, significant environmental costs were imposed on the National Hog Farms operation, and actions to enforce the newly-applicable environmental regulations imposed by Amendment 14 were commenced by the Colorado Department of Public Health and Environment. In December, 2000, the Colorado Department of Health ordered the facility to cease operations. (See attached Denver Post article). Finally, after 2 years of negotiations, a Compliance Order was executed between the Colorado Department of Public Health and Environment and National Hog Farms is attached for your review. In response to these events,National Hog Farms,Inc., abandoned its hog operations in Colorado in 2001,and sold the land and improvements associated with the operation. 70 Ranch, L.L.C.,became the owner of the land upon which many of the hog buildings were constructed. Valuation Opinion. Due to the limitations of Amendment 14 and the terms of the Compliance Order, the continued operation of confined feeding operations at the 70 Ranch would appear to be 'Mr. Chris Woodruff Mr. Chuck Jack May 26, 2005 Page 2 economically unviable, due to additional operational and compliance costs associated with such operations in Colorado. (A) Valuation of Hog Buildings. As of the date of this letter,70 Ranch,L.L.C., is in the process of removing a number of the hog facilities from the property. However, we have discovered that the cost of full removal will greatly exceed the value of the materials to be salvaged. Accordingly, except for the residential buildings on the property, we have concluded that the improvements on the property have no value, and will cost more to remove that the salvage values which can be recovered. (B) Valuation of Pivots. We are continuing to irrigate limited land areas to allow conversion of the land back to ranch land. The irrigation pivots on the property have no value. The remaining pivots have significant rusting damage, due to the high acid content of the hog wastes which were applied in connection with the National Hog Farm operations. Once the conversion of the land back to ranch land is complete, we plan to scrap the remaining existing pivots. (C) Value of Irrigated Lands. 70 Ranch is in the process of removing all lands currently irrigated from irrigation, in order to reconvert to ranch land. The costs of conversion are significant,and no marketable crop is derived from the irrigation activities as we convert the land back to ranch land. The water associated with the irrigation has been sold in other transactions,and all irrigation will terminate as to the lands in question once conversion has been concluded. Accordingly, all land should be assessed as non-irrigated land. (D) Valuation of Grain Elevator. A large concrete grain elevator is located on the property. However, it is not accessible by either public road or by rail. It was constructed solely for the hog operation, and appears to have no alternative economic value. Valuation Protest. Based on the foregoing, the applicant is of the opinion that the improvements located on the 70 Ranch associated with hog operations have zero(0)value;and indeed have a negative impact on the value of the remaining land due to: (a) the limitations of the Compliance Order and (b) the cost of building removal exceeding the value of the salvageable materials. Accordingly, as to each of the above-referenced schedule numbers, we would propose as follows: a. That all buildings be given a value of-0-, except for the residential buildings. b. That all land areas be assessed as ranch land (i.e., as non-irrigated) lands. ` Mr. Chris Woodruff Mr. Chuck Jack May 26, 2005 Page 3 c. That all irrigation pivots located on the property be assessed at-0-,since they have no useful life or function after the conversion of the lands back to ranch land. Parcel No. Applicant's Proposed Adjustment 096535100003 1. Change land status to non-irrigated 2. Value grain elevator at-0- 096523000002 1. Delete value for ag buildings 2. Maintain value for residential unit 3. Convert all lands to non-irrigated 105103000020 1. Reduce the value of the residential unit to $50,000. It was built in 1914, and has limited rental value. 2. Reduce ag buildings to -0- 3. Convert all lands to non-irrigated. 105110100003 1. Convert all lands to non-irrigated. 096520000012 1. Reduce the value of the residential unit to $50,000. Due to condition, and location, it limited rental value. 2. Reduce ag buildings to -0- 3. Convert all lands to non-irrigated. 096717000004 I. Convert all lands to non-irrigated. 096718000001 1. Reduce ag buildings to -0- 2. Convert all lands to non-irrigated 096719000002 1. Reduce ag buildings to -0- 105101100024 I. Convert all lands to non-irrigated Copies of all relevant Notices of Valuation are appended. We appreciate your review of all of the foregoing valuations. Please feel free to call our ranch manager, Gail Deisley (at 970-371-8877) should you have any questions regarding ranch operations, or the ongoing conversion of the irrigated lands to non- irrigated status. [SIGNATURE ON FOLLOWING PAGE] Mr. Chris Woodruff Mr. Chuck Jack May 26, 2005 Page 4 Verification: 1, the undersigned, state the information and facts contained herein to be true to the best of my knowledge regarding the property. Owner: 70 Date: 5 A_ 5� By. Robe . Lem ke, Manager 5460 South Quebec Street, Suite 100 Greenwood Village, Colorado 80111 Telephone: (303) 773-1005 Fax: (303) 773-1176 email: BobLembkeabromlevpark.com Appended Documents: a. Denver Post Article b. Compliance Order on Consent c. Notices of Valuation appealed COLORADO HEALTH DEPARTMENT ORDERS HOG FARM TO SHUT DOWN December 20, 2000 Knight-Ridder Tribune Theo Stein, The Denver Post The state health department has, according to this story, ordered Colorado's largest hog farm to shut down by Jan. 1 or face$50,000 a day in fines after the farm's owner built a 60-million- gallon manure lagoon in violation of state law. The story explains that the move comes two months after William Haw, the embattled owner of National Hog Farms, announced he was closing his Kersey operation,putting his 125 employees out of work, so he could focus on overturning state regulations that he had already spent$15 million in fighting. But, the story adds, last month, an engineering company retained by National Hog Farms asked the state to allow the company to rebuild its disease-ravaged herd to a level of 25,000 hogs. The company also asked the state to allow the hog farm to store liquid hog manure in an uncovered lagoon. Health officials were cited as saying all other Colorado hog farms have obeyed a state law requiring them to have covered lagoons. The health department denied the lagoon permit, but National Hog Farms built the lagoon anyway. The company is currently storing waste in pits under the hog barns, also in violation of state law. . Jul .l6. 20031 9:34AM8 iinWest Greeley Law Center l•fiX NU. 3U3b3244libNo 9759 P . 2 P. UL • • COMPLIANCE ORDER ON CONSENT p 'FO/• IN THE.MATCAR OF NATIONAL ROO FARMS,INC. • • 1. 76 COLORADO DEPARTMENT OF PUBLIC HEALTH Min ISN VUtONMENt • WATER QUALITY CONTROL DIVISION • COMPLIANCE ORDER ON CONSENT • • In the Matins of: • ' NATIONAL HOG FARMS,INC. • The Colorado Department of Public Health and Environment, through the Water Quality Control Division("Division'),issues this Compliance Order on Consent("Consent Order'), . pursuant to the Division's authority under the Colorado water Quality Act,sections 25-8-101 to • 703, CRS.,with the express consent of National Hog Farms,Inc. ("NHfl. The Division and NHF may be referred to collectively as'the Parties." •• ' • While this Compliance Order on Consent is meant to be-a comprehensive settlement of all outstanding issues between the Parties,the Patties admowledge that the Division has requested certain provisions ibr inclusion in the Financial Assurance PI=("TAP")that have been challenged by NIIF. These issues involve the authority of the Division to require,in the • TAP,surety for actions such as the removal of buildings,piping and utilities from stato trust lands. These issues will be presented to the Colorado Water Quality Control Commission for decision,and the Commission's decision on those mntt<sa will wrpplcmait this Courplianct Order. Each party retains its right to appeal any such decision by the Commission. L ar OF PURPOSE The mutual objective of the Parties in entering into this Consent Order is to resolve all violations and potential violations of Colorado's water quality laws and regulations that occurred prior to the datedthisConvent-Ordarand.oLtuhich•the Division is awareoro£-which sionhas been notified in writing,concerningNHF's Moused Commercial Swine Feeding-Operation in • Weld County, Colorado. In addition,subject to the caveat above,it is the intent of the Parties to reach a comprehensive settlement of all currently outstanding and potential disputes between the parties,including,but not limited to,the following: Jui . 16. 2003 9:34AMIII1West Greeley Law Center PRX NJ. 3U3B4244bbN0 975s P. 3 P. U3 • , • I ,,• COMP IANC6 ORDHR ON CONSENT rN TAR MATT=OF NATIONAL ROO FARMS,INC. 1. The Notice of Violation and Cease and Desist Order("NOV")issued by the Division on October 20,2000; 2. Any other past or present violations of the Housed Commercial Swine Feeding Operations("HCSFO')regulatlous or statutes not specltkafy.identfied in the NOV,and which have been reported to the Division or of which the Division has been notified in writing; 3. Any issue surrounding compliance with the FAP requirements of the HCSFO regulations; 4. All closure and/or post-closure requirements to the extent they may apply; • • .5. Any unresolved permit issues,including the payment of permit fees; and • 6. Any past,present and future soil aaraliag and groundwater monitoring . requirements. TT. R .CTTAL R AND AGREEMENTS 1. Within thirty(30)days after issuance of the well permit by the Colorado Division t of Water Resources("CDWR"),NHF shall install a new monitoring well south of the hog barns on Section 26. The well shall be installed according to CDWR regulatory requirements. A ' complete Monitoring and Observation Well Permit Application(Porn GWS-46)for the well will . be submitted to CDWR within ten(10)days of the execution of this order. A Construction Report(Form GWS-31)shall be submitted to CDWR within sixty(60)days of completing the ' wolL The well shall be drilled into groundwater and the*crooned action shall be at least 10 feet, if possible. A grurmdwatessample from the well shall be taken within ten(10)days of the well being completed. The sample shall be analyzed for nitrate-nitrogen and ammonium-nitrogen, and the analytical results shall be submitted to the Division within 34 days of the well having been sampled. Copies of completed Form OW S-46,Dorm OWS-31, and the well permit shall be submitted to the Division within fifteen(15)days of having been completed or received: 2. Within thirty(30)days of the execution of this order,NHF shall replace monitoring wells M-03,M-0S and M-13. The wells shall be installed consistent with the re. la :: bats ldentifiedtnpatt 111 above. A gruuudwatersampltrfmm•saohrecrlarentetrwa]t • shall be takes and analyzed,and analytical results submitted to the Division,in accordance with the requirements identified in part 11.1 above. The replaced wells shall be abandoned in 2 Jul • 16. 20030 9:35Ahiu anWest Greeley Law Center P.M NU. 3U3 44bbNo .9759 p. d e. U4 • • COMPLIANCE ORDER ON CONSENT IN Tim MAt at OP NATI0WA1,ROO PA1tMS,INC. • accordance with the requirements identified in No.10 below, • 3. NHP shall install a replacement well for 17f-0S that is currently thy within thirty (30)days of the grecution of this order. The new well elan bo located within Section 19, Township 5 North,Range 62 West,and to the west of the set of swine production facilities • identified by the number eight(3)on NH?maps. The well shall be iaadalled consistent with the requirements identified in part II.1 above. A groundwater sample from the•well shall be taken and analysed,and analytical results submitted to the Division,in accordance with the • • requirements identified in part IL1 above. The replaced well shall be abandoned in accordance with the requirements identified in No.10 below. 4. Within thirty(30)days of the execution of this off,NHF shall provide evidence, acceptable to the Division,that all NH?stnachtren are cleaned to the satisfaction of the Division. or it shall submit to the Division written confirmation that a new owner of the facility will be applying to the Division,within 120 days of the date of this Consent Order;for a FICAPO permit, which will include evidence of the new owner,with approval of the Colorado State Land Board, having been assigned the existing lease of state trust lands or the right to use of the structures • located on such lands,and of their intent to utilize the structures in question for the storage and/or trra sport of swine feeding process wastewater. If it is determined by the Division,upon •‘, ' review of the evidence,that NHF must further clean the buildings,swine feeding process wastewater can be land applied if such is accomplished at an agronomic ride of application, based on a nutrient management plan submitted by NEW and approved by the Division,prior to the applications being made. The nutrient management plan shall indicate to which pivots the swine feeding process wastewater will be applied,and provide appropriate information and calculations that verifies that the pivots have the capacity to receive swine feeding process wastewater at an agronomic rate. Applications of swine feeding process wastewater shall not be made to Pivot 16 or to state trust lands. 5, The Division will limit any additional soils nitrogen monitoring under each land application area to one'quarter,provided that analyses of the soil Staples from this monitoring • do not demonstrate elevated nitrogen levels in any soil depth increment for a given area,relative to the nitrogen ooneentrations•ln the respective increment as identified in the first soil samples taken to twelve-0ot depths in 1999 or 2000("first samples'). Where elevated nitrogen levels are found,additional quarterly soil samples may be required by the Division until the elevated nitrogen levels are found to be equal to or less than the respective concentrations in the first samples ..She.soll.eaflatpina.shall ba taker to3.12-foot dux&?a 4-41-44-1-444 111 daptk .increment per sample of two feet within the 0.0 foot to 10.0 foot depth, and one foot within the 10.0 to 12.0 foot depth. The first additional quarter of soils monitoring shall be completed within thirty(30)days of the execution of this order, and a report of the sampling locations and results 3 'Jul . l6 . 2003F1 9:35AMi HOWest Greeley Law Center NIX NU. 3U3tt3Z44tibNo,9759 p. 5Y. Ub • • - COMPLIANCB ORDER ON CONSENT otTlfEmArrza OP NATIO}fAL HOG FARMS,INC. ' of soil analyses submitted to the Division within thirty(30)days thereafter. Additional reports, if any,shall be submitted to the Division within thirty(30)days of the soils having been sampled. 6. alit Division will limit any additional soils monitoring under each land • application area on state trust lands to one quarter,provided that the snalysce of the soil samples from this monitoring do not demonstrate elevated levels.of phosphorus,heavy metals,or salts in • any soil depth increment for a given area,relative to the concentrations of these constituents in the respective increment as identified in the first soil samples taken to twelve-foot depths in 1999 • ' or 2000("first samples"). Where elevated phosphorus,heavy metals,and salts are.found; additional quarterly samples may be required until the concentrations of these constituents are found to be equal to or loss than the respective concentrations in the first samples. The soil . sampling,soil analyses,and report submittals shall be done in accaadance with the requirements provided in No.S above. . • . 7. • Regarding the compost site,which is the area where residual solids have been composted,and where residual solids or finished compost have been stored: s, NEB shall take eleven.(11)soil samples to a 12-foot depth at the compost site, analyze the samples for nitrogen(emmonimn-N and nittate-N),and report the results thereof within forty-Ave(45)days of the ertecudon of this order. The samples shall be taken in the locations identified by the Division in its April 3,2002 letter to NIIF. Tho madman depth increment for the samples shall be two feat. b.. NEIF shall take soil samples to a 12-foot depth in six(6)leoatlons that are at least 200 lest apart from each other and that are between 100 to 200 feet from the Compost site. The maximum depth increment for the.sampies ebell•be two feet. The six samples for each depth increment shall be thoroughly mixed and a subste ple of the mixture*tom each depth increment soot to a lab and analyzed for ammonium N end nitrate-N. NM shall submit within forty-five (45)days of the execution of this order a report that documents the location of where the soil samples were taken and the results of the lab analyses. e. NKP shall submit within forty-five(45)days of the execution of this order information regarding the number of yeas that composting of residual solids occurred at the eleven(11)looadone referred to in II.7.a above,both prior to April 30,1999 and after April 30. 1999, April 30, 1999 is the effective date of the housed commercial swine feeding operation rot thpti40.14 coloiado'Waror$Quality Camlml comaeyjon Etegadog Ng,al- d. The Division will use the information provided under 11.7.0 above to calculate the percentage of total composting years during which composting occurred after April 30,1999 4 Ju1 . 16. 20031 9:35AMf0 ArWest Greeley Law Center' FAX NO. 303832446ENo,9759 P. 6 P. 05 1 k , • COMPLIANCE ORDER ON CONSENT IN TILE MATTER OF NATIONAL HOG FARMS,INC. • ("lime percentage'). For each soil depth increment,this time percentage will be multiplied by the difference between the amount of nitrogen found in each of the eleven(11)samples(referred to in 11.7,a above)and the amount of nitrogen fond in is soil samples that are analyzed in accordance with MTh above,to derive posteApn11999 trogen ooncentration increases as the • result of composting residual solid*. e. NHF shall undertake phytoremediation activities at the compost site where the post-Apr.111999 nitrogen concentration increase is greater than zero for any soil depth increment. Phyturemodiedun shall be auuuruplished through the approialate platting,establishment, harvesting,and maintenance of either sunflowers or alfalfa. These phytoranediation activities . • shall be performed within the timeline and scope of work to be provided by the Division upon . completion of consultation with NHF. . , L NEW shall take additional 12-foot deep soil samples at the compost site for the purpose of monitoring the progress of the phytoremediation and the need for additional nitrogen remediatinn,at the discretion of the Division;provided,however,that such samples shall not be required more often than once per year after the final fall crop harvest No additional sampling or phytoremediation shall be required once post-April 1999 nitrogen concentration increases• have been eliminated from each soil depth increment Reports of additional soil sampling,if any, shall be submitted to the Division within thirty(30)days of the soils having been sampled,and shall document the sampling locations and results of the lab analyses. g. NHF shall provide doaunentation in support of any existing phytoremediation activities for which it desires to receive credit. • NHF shall take five soil samples to a 12-foot depth at the site where swine loading process wastewater from 11HT 1 was released in the spring of 1999("11HT•1 release nits"),analyze the samples for nitrogen(fmmoniun N end nitrate-N)and provide the results thereof to the Divisive within thirty(30)days of the execution of this order. The samples shall • be taken in the locations identified by the Division in its April 3,2002 letter to NILE The depth increments Sr the soil samples shall be U.0 to IA)foot, 1.0 to 2.0 feet,and every two feet thereafter to a depth of twelve feet NHF shall undertake phytoremediation activities at the site, if determined by the Division to be necessary,through the appropriate planting,establishment, and maintenance of either sunflowers or alfalfa. These phyto emcdiation activities shall be performed within the timeline and scope of work provided by the Division upon completion of Stigtthan_With NIT, N7F:shall take'ad544onal 12-foet&w_Or!Ngplss it theHHT-1 release site for the purpose of monitoring the progress of the phytormpedlation and the need for additional niLrugeu ruuodiatiuu, at the discretion of the Division;provided,however,that such samples shall not be required more often than once per year after the final fall Drop harvest. 5 Jul . 16. 20031 9:36A11;1 Vest Greeley Las Center! FAX NU, 303832446tNo,97F9 P. 7 P. UI COMPLIANCE ORDER.ON CONSENT • TN THE MATTER OP NATIONAL HOGRARMS,B C. Reports of additional soil sampling,if any,shall be submitted to the Division within thirty(30) days of the soils having been sampled, and shall document the sampling locations and results of the lab analyses. No additional sampling or phytoromccianon*ball be required once nitrogen levels in soils at the WIT-1 release site are reduced to where they are equal to or less than 6.0 tmlllipams per kilogram in the top soil foot,and equal to or less than 4.0 milligrams per kilogram in the 1.0 to 2,0 foot soil Increment, and in rash of the two foot increments thereafter,to a depth of tvvslve feet. To the extent FAP credit is sought for planting and establishment.NHF shall provide evidence to to Division,within thirty(30)days of the execution of this order,that either atmflowers or alfalfa have been planted(including planting date)and established at the SETT-1 release alts. • 9. The Division shall determine,within thirty(30)days of the execution of this order,whether NHF has produced adequate evidence of the planting(including planting date) end establishment of alfalfa or sunflowers on the following seventeen land application'sitea that ' • are located on state trust lands,so that NHF can secure a final reonediation credit therefore,ter its Financial Assurance Plan: • ' Pivot 01:51.91 acres in Section 36,TSN,R63W and 1.77 acres in Section 26,TSN, R63W Pivot 02:78.91 acres inSeedon 36,TSN,R63W Pivot 04: 19.94 acres in Section 6,T4N,R62W . Pivot 05:79.66 acres in Section 6,T4N,R62W Pivot 06:61.06 acres in Section 6,T4N.R62W Pivot 07:79.66 acres in Section 6,1414,R62W Pivot 08:79.66 aorta in Section 6,T4N,R62W Pivot 09:64.94 acres in Section 30,TSN R62W Pivot 10:331 acres in Section 30,T514,R62W Pivot 11:58.90 acres in Section 30,13N,R62 W • Pivot 12:79.06 acres in Section 30,TSN,R62W Pivot 20: 76.33 acres in Section 16,T5N,R62W • Pivot 21:7835 acres in Section 16,TSN,R62W Pivot 22:7822 acres in Section 16,TSN,R62W Pivot 23;69.78 acres in.Section 16,15N,R62W Pivot 24:7.4.00 scree in Section 16,T514,R62W Pivot 29:24.17 acres in Section 16,T5N,R62W To the extent Mil undertakes two years of phytaremediaiion under the pivots located on state trust lands,no Anther such remediation shall be required except to the extent such may be determined necessary to meet the requirements referenced in paragraph 6 above. In the event of 6 Jul • 16 . 200319:36431 M9est Greeley Law Centerl FAX N0, 303832446EN0.9759 P. 8 F. 08 • • ' COMPLIANCE ORDER.O14 CONSENT IN TER MATTER OF NATIONAL BOO FARMS,INC a loss of the phytoremediation crop because of drought or other natural disaster.NIIF may • conduct phytoremediation in nonconsecutive years,so long as two years of phytoremediation under the pivots located on state trust lands are complatpd. NHF will make every reasonable . effort to properly establish and maintain the phytorcmcdiation crop. J 10. NM'shall abandon monitoring wells,when required by the Division or upon its • own initiative atter meeting the requirements of paragraph 13,by removing(via cutting or over- ' drilling)the well casings to a depth at least five(5)feet below the land surface,and in• • . accordance with Rules 16.1.3 and 16.2 of the Colorado Division of Water Resources("CDWR'). Properly completed'Well Abandonment Reports"(Colorado Office of State Engineer Form No.• GWS-09)shall be submitted to the CDWR within 30 days of a well having been abandoned. Copies of these reports shall be submitted to the trivia=and Colorado State Land Board within 30 days of a well having been abandoned.. 11. NW shall provide,within forty five(45)days of the execution of this order;a con estimate for weed mowing as part of tie process for revegdatins 1,610 acres of Auto tout lands. • 12. NEE shall submit,within 30 days of the execution of this order,as approvable groundwater monitoring plan("plan")that has bean developed In consultation with the Division .. Immediately subsequent to theDivision'a approval of the plan,and in accordance with procedures identified in the approved plan,NHF shall monitor groundwater in existing monitoring wells,beginning no later than thirty(30)days after the plan la approved,and during • gsantedy monitoring periods(based on calendar quarter's)thereafter. In addition,immediately subsequent to the date of this consent order and to the installation of any new monitoring well, • and in accordance with procedures identified in the approved plan,NHF shall.monitor groundwater in any now monitoring well during gwrtesrly monitoring periods. NAP shill submit report of the groundwater monitoring,in accordance with the plan,beginning no later than 60 days after the plan is approved and,thereafter,by no later than October 30.January 30,April 30, sod July 30 of each year. 13. Provided that no additional land applications are occurring,monitoring at any of the aforementioned wells can be terminated atter one year of sampling and upon the Division's approval of a written analysis,to be submitted by NHF,of the monitoring results and any other relevant factors,which analysis indicates that there exists no groundwater contamination or • reasonable potential far'eoawainlltitin nutted tiy2Q,PIP's RCM activities: li the analysts'indicates that IV1i!•"e regulated HCSFO activities Caused pnundwatec couixminiuiun.N1If'abaill • develop an approvable groundwater=mediation protocol that uses the"pump Ind heat"method,• and that is developed in consultation with the Division. This protocol shall be developed within Jul . I6 2003 9 :37ANie Vest Greeley La* Center! N'IX NU. 3U3832446tNo.9759 p. 9 P, O9 • i COMPLIANCE ORM ON CONSENT IN TUB MATTER OF NATIONAL BOO FARMS,INC. • 60 days of the Division's approval of the written analysis that indicates that NHF's regulated •• HCSFO activities caused groundwater contamination. This protocol shall be implemented by • NHP within 90 days of the Division's approval of the written analysis. If this time period falls • within the dormant or non growing period for the crop tb which the contaminated groundwater . will be applied,then the protocol shall be implemented by NHF when the crop to which groundwater will be applied is established or is actively growing. 14. The parties agree that,to the extent NSF submits,within seventy-five(75)days of the execution of this order,evidence of successfblly completing certain monitoring,cleat-up or.• removal activities identified herein,there is no need for NHF to produce any financial assurance plan(FAP)covering such activities. 15. NET shall submit,within ninety(90)days of the execution of this order, a complete FAP to the Division,which plan is consistent with the requirements identified herein and subsections 61.13(3)(h)and 61.13(4)(g)of the Colorado Discharge Permit System Regulations. The plan also shall be consistent with NHP's November 30,2000 FAP submittal and the Division's April 3,20O2 letter to NHF,unless otherwise modified by this order;except that NHF shall not include in the FAP these items that are disputed by NHF as set forth inthe Stipulation to be filed with the Water Quality Control Commission on December 9,2002. Because,on May 17,2002,NIA indicated that there we no animals at the facility and it does not intend to repopulate the facility absent f ling a request for a new or amended permit.NHF shall • • not be required to provide in its and FAP for removing live animals and mortalities. Provided' thither.that NHF's PAP shall not be required to include the cost of demolition of buildings located on private(i.e.,non-state tmst land)property, so long as NHF's monitoring program does not reveal that groundwater contamination is the result of soil having been contaminated beneath a atnwture. NHP shall be allowed to provide approvable,modified values of the cost estimates that were provided for closure and post-closure activities in NHP's November 30,2000 FAP submittal. 'Dm Division agrees to expeditiously=view any draft PAP submitted by NHP in order to provide NH?with timely comments regarding its completeness,while NW agrees to expeditiously corwe any deficiencies found therein by the Division so as to meet the aforementioned submission deadline. • 16. NHF shall submit to the Division an approvable form of financial assurance in accordance with subsection 61.11(4)(h)of the Colorado Discharge Permit System Regulations. and in the amount reflected in the PAP submitted as required in No.15 above. This financial aisptaheE Stall he submitted Widen 40days of the tate of the Division's approval'efthe complete PAP;provided,-however7aii to the extent NHF has not sulxnitied a'complete PAp by the M elina established in No.15 above,the Division,based upon the best data and information available to it at the time,may demand that NHP post,within forty-five(45)days of written 8 Jul . 16. 20031 9 :37AMr WWest Greeley Law Center' 1H4 NU' 3Udb3G44titN0 .9759 P. 10t•. lU • COMPLIANCE ORDER ON CONSENT N TtrR MATTER OF NATIONAL R'OO HARMS,INC. notice to NMI,financial assurance in the amount identified by the Division. 17. NHF shall ensure that an appropriate verfcation of the PAP,per HCFSO regulations,is provided within 15 days after agreement Anon the content of the PAP. This verlfcadon,pursuant to HCSFO regulations,shall be prepared by a Professional Engineer, . registered in the State of Colorado. IS, The Sandal assurance requireiaents as found in subsection 61.13(4)(h)of the CDPS regulations may be released,in whole or in part,either(a)upon petition of NHF aid in accordance with the,provisions of subsection 61.13(4)(hXx)(B)of the CDPS regulations,or(b) upon the approval by the Division of an YAP and the posting of financial entrance from any successor in interest to NET. To the extent of any partial transfer of the property associated with •• the NET facility under this subparegaph(b),such release shall be granted da to the portion of the property so transferred. • 19. To the extent NHF chooses to pursue a land trade with the State Board of Land • Commissioners,so as to wana&r to NHF(or arty► ecessor in interest)state lands upon which swine production or swine feeding process wastewater disposal have previously oeanred,.the Division will not oppose such trade and will facilitate such trade to the extent it deems • appropriate. . 20. NEIF agrees to pay its outstanding permit fee for state fiscal year 2002,in the amount of 530,835 within fusty-five(4$)days of the execution of this order. M. ' ORDER ON CONSENT Based on the foregoing,and prrsuant to its authority under sections 254-101,et seq.C.R.S.,the Division order's,and NM?specifically agrees to,the following: 1. The Recitals and Agreements above shall be binding upon the parties. To the • extent that the Agreement provides that the Division will make determinations or decisions based on information provided by NEF,or on its own independent analysis of the marten to be reviewed,NHP agrees to accept the Divisions determinations or decisions to the extent such are not ubitrary or capricious. N NEP from-any liability or pawky-fee violations,-carry,-that occur after the effective date of this Consent Order, The Division specifically reserves its right to enforce this Consent Order,and to take an enforcement action concerning any violations that 9 Jul . 16 . 20D31 9: 31AM� 1iest Greeley Law Center FIX NU. 3U383244tibw0 ,9759 P . III". 11 CONOL1ANCH ORDER ON CONSENT N THE MATTER OF NATIONAL HOG FARMS,INC. occur after the eflbotive date of this Consent Order. 3. Completion of the actions identified herein subsequent requirements performed hereunder shall constitute the full extent of any closuredrpost-closure activities or corrective actions to be required of NHF under Regulation No.61, except to the extent such may arise from copditiona of which the Division is not aware and has not boon notified in writing. IV. PENALTIES 1. RaserinpemtheapplicationofthepenaltymitigationtotersoutlinedintheDivision'sCivil Penalty Policy and for•purposes of settlement, the Division agrees to settle the penalty associated with the above referenced violation(s)for$150,000.00. In addition,NSF has indicated a desire to perform a Supplemental Envbenmental Project ("SW) in lieu of payment of the$150,000.00 penalty,to achieve settlement of this matter. 2. The Division intends to petition the Executive Director, S his designee, to impose the $150,000.00 penalty for the above viulation(s)ant NEt agrees to satisfy payment of the penalty by undertaking the following Supplemental Environmental Project("5'EP"),which the Panics agree is intended to secure significant environments)or public health protection and improvements. • 3. NSF shall make a cash donation of$150,000.00 to the State's"Fire Impacted Watershed" Restoration Fund." The funds will be distributed to public water systems and local,state, and federal agencies to And projects to restore areas and systems impacted by fire and drought to protect the waters of Colorado. N1P ahall.provide documeatatlonto the Division and make the cash payment of 5150,000.00 within forty-Eve(45)days of the effective date of this Consent Order, directed as follows: Payable to the "Fire Impacted Watershed Restoration Fund",to the attention of Gretchen L.Midden s,vice President,Corporate Trust &Escrow Services,1740 Broadway,Denver,CO 80274(303-863-6450)(wire transfers are possible,please call Me.MIddeuts). 4. 1f no public water system or local,state or federal agency is able to use the monies for fire restoration or drought mitigation purposes by August 31,2003;the balance of the fluid will be transferred to the StEPP Foundation's (www.ateppfmmdation.org) Alternative Energy Fund to be earmarked for grants and low interest loans for alternative energy projects, mcludurg reecovery%projects, lops Aiternative Energy Fund may only be made to residential owners,small businesses,and local governmental agencies. 10 Ju1 . 16. 20031 9:38AM'3 &West Greeley Law Center •TAX Nu. 3u3b3•C44bbNo.9759 P 12F. 1? COMPLIANCE ORDER ON CONSENT IN Tim MATTER OF NATIONAL HOG lFaSMS,INC. S. NH?hereby certifies that,as of the efbcdve date of this Consent Order,it is not required to perform or develop the SEP by any federal, state or local law or regulation and it is not • • required to pe rlbrm or develop the SEP by any agreement,grant or an Injunctiverehefinthis . • •or any other case. NHP further certifies ti has notreceived, and is not presently negotiating w receive,cralit in any other embroilment action 1br the SEP, • • • G. NHF shall include in any public statomcul,oral or written necking retaeenoe tote SEP the following language:"This project was undertaken in connection with the settlement of an antereaueut action taken by the Calmedo Department of Public Health awl Environment, Water Quality Control Division,for violations of the Colorado Water Quality Control Act and/or implementing control regulations." • V. piRreS AGREEMENT TO CONSENT ORDER • 1. NIT agrees to the terms and conditions of this Consent Order. • • 2. Notwithstanding the above.NEP does not admit any of the Actual or legal determinations made by the Department herein,and any action undertaken by NHF pursuant to this Consent Order shall not constitute an admission ot liability by NHF with respect to • conditions of the facility property. Nothing herein shall preclude NE?from asserting any defenses or onunteevbairns in any judicial or administrative action commenced by any third patty. VI. $COP$AND EFFECT OF ORDER ON CONSENT 1. The Parties agree and acknowledge that the Consent Order constitutes a full and final resolution of the issues addressed in this Consent Order,and further agree not to challenge the teems and conditions of this Consent Order in any proceeding before any administrative body or any judicial forum,whether by way of direct judicial review or collateral challenge. 2. This Consent Order constitutes a final agency order upon execution byNIfF and the Division and shall be enforceable by either party in the same manner as if this Consent Order had'been entered by the Division without agreement by NHF. The Parties agree that any violation of the provisions of this Consent Order by NHF concerning the Act,or its implementing regulations,shall be a violation of a final order of the Division for the rmith e of t oak.2�_��42�n�4Q$�C�i B, 23 )F APrss tio.challoug,Asa fr*2 l or legal determinations made by the Division herein is any action to enforce the tents of this Consent Order under the Act. In addition,NHF shall not challenge the Division's authority to bring, or the court's jurisdiction to hear, any such enforcement action. 11 Jul . l6. 20031 9:39AM1t3 ATWest Greelev Law Canter) hAx NU. 3U3tss[44titNo.9159 P 13►'• 13 • COMPLIANCE ORDER ON CONSENT IN TM MATrrflt OF NATIONA.T.A(Ni FARMS,INC. 3. The Parties'obligations under this Consent Order are limited to the matters expressly stated herein or in approved submissions required f tereunder. 4. The Division's approval of any submission,standard, or action under this Consent Order • shall not constitute a defense to,or an excuse for,any subsequent violation of any requirement of this Consent Order,the Act,or its regulations. 5. Entering into this settlement shall not constitute an admission of violation of the•vrater • quality laws by NHF,nor shall it be inferred to be such an admission by N1 ih any - administrative or judicial proceeding: The deaurbed violation will constitute part of AlI•SF's compliance history for any purpose for which such history is relevant,including considering the violation described above in assessing a penalty for any subsequent violations against NHF. 6. NFU shall comply with all applicable Federal,State,and/or Local laws or regulations and shall obtain all necessary approvals or permits to conduct the investigation and remedial activities required by this Consent Order and perform its obligations required btrnmder. • The Division makes no representation with respect to approval and permits required by �—' Federal and Local laws or regulations or State laws or regulations other than those • specifically referred to herein. VII. NOTICES Unless otherwise specified,any report,notice or other communicatiun roquiled under the Consent Order shall be sent to: Por the Division: Ron Jepson AFO Program Group Leader Colorado Department of Public Health and Environment WQCD.PE-B2 4300 Cherry Creek Drive South Deaver,Colorado 80246-1530 ForNUE: • Stan Weber,.PrSdent . $rationa1'HogBanmss;z. Livestock Exchange Building 1600 Gennessee Kansas City,MO 64102 12 Jul . 16. 20031 9'39AM3 w'IWest Greeley Law Center haix NU. 3u384244bbNo•9759 P. I 4 14 COMPLIANCE ORDER ON CONSENT IN TITS MATTER OF NATIONAL HOG FARMS,INC. VIII. EFFECT OR BANKRUPTCY PETITION The obli$xi tinny imposed by this Consent Order require the performance by NHF of actions that are reasonably designed to protect public health and welfare and the environment Any • enfornement of the obligations imposed by this Consent Order constituted,solely for the purposes of'It U.S.C.section$62(b)(5)(1988),the enhercement of a judgment,other than a money . judgment obtained in an action to enforce the State's regulatory and police powers. IX )ffODIFfr:AtTANR This Consent Order may be modified only upon mutual written agreement of the Pardee. The Division may extend any deadlines set forth herein,and upon acceptance of such extension by NMI,any such extension shall constitute a modification to this Consent Order. 7L ,COUP This Consent Order may be executed in multiple counterparts,each of v/hich shall be deemed an original,but all of which shall constitute one and the same agreement. • XI. $l,SERyi,TION OF RIGHTS The Division reserves the right to bring any action or to seek civil or administrative penalties for any Mire violations of this Consent Order,the Act or its implementing regulations. Putter,the Division has the right to bring any action to enforce this Consent Order and to seek any authorized penalties for any violation of this Consent Order. • XIL $INDING tPPECT AND E l'P'ECTIVE DATE • This Consent Order is binding upon the Parties to this Consent Order and their corporate subsidiaries or parent*,their officers,directors,agents,attorneys,employees;contractors, successors in interest,and assigns. The undersigned representatives certify that they ate authorized by the party or parties whom they represent to enter into this Consent Order and to execute and legally bind that party or those parties to the terms and conditions of the Consent Order. This Consent Order shall become effective as of the detect Which the last of all required signatures ha4 been obtairie8 . . 13 Jul .16. 20031 9:39AM4 HfWest Crueler Law Center rex NU. 3Uedz44tlbM0 9759 P. 15?. ]b • cOMPLIANCII IN THE MATTER OP NATITIONAI-HOG PABMS,ri'1C COLORADO DEPARTMENT OF PURL=BRALTHIAND ENVWONMZNT Date: bit Chase Acting Dilutor Water Quality Control Division nr Date: A -2'1- Office of Legal&Regulatory Affairs NATIONAL HOG FARMS,INC. BY: Data: _ ./02- v a.?_ e. Sum weber PteaWa it 14 RC YL L WWI tn.. This Is Not a Tax Bill 9505042 LEGAL DESCRIPTION: 338163 Stanley E. Sessions PT 35-5-63 LYING NELY OF NLY BANK OF RI Weld Counts'Assessor VERSIDE CANAL SITUS:WELD 00000 1400 N. Fif Asenue Greeley.CO 3062)1 appeal:co.weld.co.us • Date. 5/1/2005 HEARING DATES: 05/01/05-06/01/05 LOCATION: 1400 N 17TH AVENUE OFFICE HOURS: 8:30-4:30 70 RANCH LLC TELEPHONE NO: ,:"011 i;;- `4 x-365O 4) 5460 S QUEBEC ST STE 110 FAX NO: 19'0)_ 4-6433 GREENWOOD VILLAGE CO 901 1 1 TAX YEAR: 2005 TAX AREA: 0732 PA RC E I..NO: 096535100003 ACCOUNT NO: R2648303 i PROPERTY PRIOR YEAR CURRENT YEARINCREASE/ VA LUE ACTUAL VALUE ACTUAL ALU E DECREASE AG LAND 6323 5450 AG BUILDINGS 0 723721 723721 • TOTAL 6323 729171 722848 Parcel; 096535100003 Account= R2648303 To appeal by mail,list your name,address,and phone number below,detach the lower portion of this notice and mail in accordance with instructions on the reverse side to: Name: Weld County Assessor Address: 1400 N. 17th Avenue Greeley,CO 80631 Phone: • An assessment percentage will be applied to the actual value of your property before taxes are calculated. The assessment percentage for residences is/was projected to be 7.96 %. Generally,all other property,including vacant land,is assessed at 29%of actual value.§39-1-104(1)and (1.5),C-R.S. • Your property was valued as it existed on January I of the current year. • The tax notice you receive next January will be based on this value. • Your right to appeal your property value expires on June 1,2005. • All property in Colorado is revalued every odd year. APPRAISAL PERIOD: The appraisal data used to establish your real property value was from the 18 month period ending June 30,2004. Your value is based on comparable sales of properties during that period. If the senior citizen property tax exemption has been applied to your property,it is not reflected in the value shown above. NOTE: Legislation passed in 2003 temporarily suspended the exemption benefit until tax year 2006(payable 2007). The following property characteristics were used to estimate your property value: PRIMARY BUILT AS GRAIN ELEVATOR CONCR BUILT AS SQUARE FOOTAGE' 2 TOTAL BUILDING COUNT 10 SPRINKLER IRRIG.LAND ACRES:10 GRAZING LAND-AGRICULTURAL ACRES:165.67 This Is Not a Tax Bill 95058-32 LEGAL DESCRIPTION: 338171 Stanley F. Sessions 7504 ALL 23-5-63 EXC UPRR RES SITUS: 25 Weld Count Assessor 000'69 CR WELD 80644 SITUS:28000 69 CR 1400 N. 17to Avenue WELD Greeley.CO 80631 app cal ca co.'veld.co.us Date: 5liy120°5LOCATION: c/o.weld.co.us 1400 N 17TH AVENUEHEARING DATES: /05-OFFICE OFFICE HOURS: 8:30-4:30 70 RANCH LLC TELEPHONE NO: 1.9701353-3345 z-3050 FAX NO: 19-1i 1 311=-643 3 5460 S QUEBEC ST STE 110 GREENWOOD VILLAGE CO 80111 TAN YEAR: 2005 TAX AREA: 0733 PARCEL,..NO: 096523000002 ACCOUNT NO: R4184286 PROPERTY PRIOR YEAR CURRENT YEAR INCREASE/ CLASSIFICATION ACTUAL VALUE ACTUAL VALUE DECREASE AG LAND 24352 25549 1197 AG BUILDINGS 69465 69465 0 AG RESIDENTIAL 0 130180 130180 TOTAL 93817 225194 131377 Parcel 096523000002 Account= R4184286 To appeal by mail, list\our name,address,and phone number below,detach the lower ponion of this notice and mail in accordance with instructions on the reverse side to: Name: Weld County Assessor Address: 1400 N. 17th Avenue Greeley,CO 80631 Phone: An assessment percentage will be applied to the actual value of your property before taxes are calculated. The assessment percentage for residences is/was projected to be 7.96 %. Generally,all other property,including vacant land,is assessed at 29%of actual value.§39-1.104(1)and (15),C-R.S. • Your property was valued as it existed on January 1 of the current year. • The tax notice you receive next January will be based on this value. • Your right to appeal your property value expires on June 1,2005. • All property in Colorado is revalued every odd year. APPRAISAL PERIOD: The appraisal data used to establish your real property value was from the 18 month period ending June 30,2004. Your value is based on comparable sales of properties during that period. If the senior citizen property tax exemption has been applied to your property,it is not reflected in the value shown above. NOTE: Legislation passed in 2003 temporarily suspended the exemption benefit until tax year 2006(payable 2007). The following property characteristics were used to estimate your property value: PRIMARY BUILT AS RANCH 1 STORY BUILT AS SQUARE FOOTAGE• 1728 YEAR BUILT 2004 TOTAL GARAGE SQUARE FOOTAGE 7 960 TOTAL BUILDING COUNT 18 GRAZING LAND-AGRICULTURAL ACRES:617 ALL OTHER AG LAND ACRES:23 KLAL rnl/rtni This Is Not a Tax Bill 95042.32 LEGAL DESCRIPTION: 338155 Stanley F.Sessions 739 W ALL 3-4-63 INC FORMER UPRR R OF Weld County Assessor •JULESBURG BRANCH LOCATED IN NE4 EXC 30A 1400 N. l'th Avenue C N& E-OF RR R/W ALSO EXC UNUSED RD ON Greeley.CO 30031 W SIDE NI SEC 3 (16D4R)SITUS:WELD 00 appealra co.weld.co.us Date: 5/1/2005 HEARING DATE":• 05/01/05-06/01/05 LOCATION: 1400 R 17TH AVENUE OFFICE HOLRS: 8:30-4:30 70 CH LLC TELEPHONE NO: '+-0)3`3-a45 x.30566 54605QUEBEC ST STE 110 FAX NO: 19-1iL3L4-5433 GREENWOOD VILLAGE CO 80111 TAX YEAR: 2005 TAX AREA: 0732 PARCEL NO: 10 ACCOUNT NO: R0128389 PROPERTY PRIOR YEAR CURRENT YEAR INCREASE/ CLASSIFICATION ACTUAL VALUE ACTUAL VALI_E DECREASE AG LAND 115112 115112 0 •AG BUILDINGS 10777 10466 -311 ;AG RESIDENTIAL 40438 198196 157758 TOTAL 166327 323774 157447 Parcel= 105103000020 Account= R0128389 To appeal by mail. list your name.address,and phone number below,detach the lower portion of this notice and mall in accordance with instructions on the reverse side to: Name: Weld County Assessor Address: 1400N. 17th Avenue Greeley,CO 80631 Phone: An assessment percentage will be applied to the actual value of your property before taxes are calculated. The assessment percentage for residences is/was projected to be 7.96 %. Generally,all other property,including vacant land,is assessed at 29%of actual value.§39-1-104(1)and (1.5),C.ILS. • Your property was valued as it existed on January I of the current year. • The tax notice you receive next January will be based on this value. • Your right to appeal your property value expires on June I,2005. • All property in Colorado is revalued every odd year. APPRAISAL PERIOD: The appraisal data used to establish your real property value was from the 18 month period ending June 30,2004. Your value is based on comparable sales of properties during that period. If the senior citizen property tax exemption has been applied to your property,it is not reflected in the value shown above. NOTE: Legislation passed in 2003 temporarily suspended the exemption benefit until tax year 2006(payable 2007). The following property characteristics were used to estimate your property value: PRIMARY BUILT AS 1 1/2 STORY RN BUILT AS SQUARE FOOTAGE• 2968 YEAR BUILT 1914 TOTAL GARAGE SQUARE FOOTAGE _ 480 TOTAL BUILDING COUNT 9 IRRIGATED LAND-AGRICLTRL. ACRES:258.5 GRAZING LAND-AGRICULTURAL ACRES:329.5 e , " 1L I[WI l.a\a l This Is Not a Tax Bill 95004E LEGAL DESCRIPTION: 338160 PT 1O-4-63-4-63 LYING NELY OF HWY 34&W OF Weld County Stanley F.F.Sessions Assessor C/CCR 69(14.92HWY 2.1R 2D) SITUS: WEL 1400 N. 17th Avenue D 00000, Greeley.CO S0631 appeali.'u co.`.veld.co.us Date: 5/1/2005 HE &RING DATFc•: 05/01/05-06/01/05 LOCATION: 140 N 17TH AVENUE OFFICE HOURS: 8:30-4:30 70 RANCH LWTELEPHONE NO: t;:ri i 53-1315 x-3650 5460 S QUEBEC ST STE 110 FAN. NO: l9'0 C4-6433 GREENWOOD VILLAGE CO 80111 TAX YEAR: 2005 T.A.\AREA: 0733 PARCEL NO: 105110100003 ACCOUNT NO: 82647903 PROPERTY iPRIORlEAR CURRENTS"EAR INCREASE! CLASSIFICATION ACTUAL VALUEACTUAL VALUE DECREASE AG LAND 29615 39232 9617 TOTAL 29615 39232 9617 Parcel 0 105110100003 Account R2647903 To appeal by mail, list your name,address,and phone number below,detach the lower portion of this notice and mail in accordance with instructions on the reverse side to: Name: Weld County Assessor Address: 1400 N. 17th Avenue . Greeley,CO 80631 Phone: • An assessment percentage will be applied to the actual value of your property before taxes are calculated. The assessment percentage for residences is/was projected to be 7.96 %. Generally,all other property,including vacant land,is assessed at 29%of actual value.§39-1-104(1)and (1.5),C.R.S. • Your property was valued as it existed on January 1 of the current year. • The tax notice you receive next January will be based on this value. • Your right to appeal your property value expires on June 1,2005. • All property in Colorado is revalued every odd year. APPRAISAL PERIOD: The appraisal data used to establish your real property value was from the 18 month period ending June 30,2004. Your value is based on comparable sales of properties during that period. If the senior citizen property tax exemption has been applied to your property,it is not reflected in the value shown above. NOTE: Legislation passed in 2003 temporarily suspended the exemption benefit until tax year 2006(payable 2007). The following property characteristics were used to estimate your property value: SPRINKLER IRRIG.LAND ACRES:20 IRRIGATED LAND-AGR!CLTRL. ACRES: 132.68 -Idle.goa c In•ugc lo¢d n thc Inial c r:qua i.n'azc and m c adc mho strucwms nn Inc prep.-,) 1:-,p ,nwn all VIOCIti'L,build .lixturcs.imc_.and valfrrIghLScc.cd upill 01all: cd- band.wbnccr or non coin ,n nuch!bd h+.Nam uegwcn.! KCAL rKurLHI I This Is Not a Tax Bill 95055-32 LEGAL DESCRIPTION: 338168 Stanley F.Sessions 7509 W2/SE4 20-5-63 EXC BEG 200' 587D25 Weld County assessor '"EOF STA 0 OF R/W OF FEEDER D OF RIVER 1400 N. I-th .venue RES FROM WHENCE NW COR OF SAID SEC BEA Greeley.CO S063 I RS NO3DI9'W 4492' ELY ALONG S BDRY OF R appealsa co.weld.co.us Date: 5/1/2005 HEARING DATES: 05/01/05-06/01/05 LOCATION: 1400 N 17TH AVENUE OFFICE HOURS: 830.4:30 TELEPHONE NO: (`;_,1,:,?-3315 s-_050 70 RANCH LLC FAX NO: (976)304-0433 5460 S QUEBEC ST STE 110 GREENWOOD VILLAGE CO 80111 TAX YEAR: 2005 TAX ARE A: 0722 PARCEL NO: 096520000012 ACCOUNT NO: R4183486 PROPERTY PRIOR YEAR CURRENT YEAR INCREASE.' CLASSIFICATION ACTUAL VALUE ACTUAL VALUE DECREASE AG LAND 28765 28765 0 AG BUILDINGS 10886 29123 18237 AG RESIDENTIAL 43532 91406 47874 II TOTAL 83183 149294 66111 Parcel 096520000012 Account R4I83486 To appeal by mail,list your name,address,and phone number below,detach the lower portion of this notice and mail in accordance with instructions on the reverse side to: Name: Weld County Assessor Address: 1400 N. 17th Avenue • Greeley,CO 80631 Phone: An assessment percentage will be applied to the actual value of your property before taxes are calculated. The assessment percentage for residences is/was projected to be 7.96 %. Generally,all other property,including vacant land,is assessed at 29%of actual value.§39-1-104(1)and (1.5),C.R.S. • Your property was valued as it existed on January 1 of the current year. • The tax notice you receive next January will be based on this value. • Your right to appeal your property value expires on June 1,2005. • All property in Colorado is revalued every odd year. APPRAISAL PERIOD: The appraisal data used to establish your real property value was from the 18 month period ending June 30,2004. Your value is based on comparable sales of properties during that period. If the senior citizen property tax exemption has been applied to your property,it is not reflected in the value shown above. NOTE: Legislation passed in 2003 temporarily suspended the exemption benefit until tax year 2006 (payable 2007). The following property characteristics were used to estimate your property value: PRIMARY BUILT AS RANCH I STORY BUILT AS SQUARE FOOTAGE• 884 YEAR BUILT 1946 TOTAL BASEMENT SQUARE FOOTAGE 884 TOTAL GARAGE SQUARE FOOTAGE 400 TOTAL BUILDING COUNT 2 IRRIGATED LAND-AGRICLTRL. ACRES:43 MEADOW HAY LAND-AGRICLTRL ACRES: 132 GRAZING LAND-AGRICULTURAL ACRES:288 nLr1,. rnvr CAN , , This Is Not a Tax Bill 95064.32 LEGAL DESCRIPTION: 338177 5949 ALL 17-5-62 SITUS: WELD 00000 Stanley F.Sessions Weld County.Assessor n 1400 N. l7tfi Avenue • Greeley,CO S0631 • appealco.t‘eid.co.us FF'' 17TH AVENUE Date: 5/1/2005 LOCATION:HEARING I 06/01/05 140'rr 0 N OFFICE HOURS: 8:30-4:30 70 RANCH LLC TELEPHONE NO: 19_0! 11-13-31345 x-3650 5460 S QUEBEC ST STE 110 FAX N O: 19 U i X04-043 GREENWOOD VILLAGE CO 80111 TAX YEAR: 2005 TAX AREA: 0728 PARCEL.:NO: 09671 000004 ACCOUNT NO: 1 PROPERTY PRIOR YEAR CURRENT YEAR INCREASE/ CLASSIFICATION ACTUAL VALUE ACTUAL VALUE DECREASE AGLAND 44150 49602 5452 TOTAL 44150 49602 5452 Parcel= 096717000004 Account= R4195786 To appeal by mail,list your name-address,and phone number below,detach the lower portion of this notice and nail in accordance with instructions on the reverse side to: Name: Weld County Assessor Address: 1400 N. 17th Avenue Greeley,CO 80631 Phone: • An assessment percentage will be applied to the actual value of your property before taxes are calculated. The assessment percentage for residences is/was projected to be 7.96 %. • Generally,all other property,including vacant land,Is assessed at 29%of actual value.§39-1-104(1)and (1.5),C.R.S. --- • Your property was valued as it existed on January 1 of the current year. • The tax notice you receive next January will be based on this value. • Your right to appeal your property value expires on June 1,2005. • All property in Colorado is revalued every odd year. APPRAISAL PERIOD: The appraisal data used to establish your real property value was from the 18 month period ending June 30,2004. Your value is based on comparable sales of properties during that period. If the senior citizen property tax exemption has been applied to your property,it is not reflected in the value shown above. NOTE: Legislation passed in 2003 temporarily suspended the exemption benefit until tax year 2006(payable 2007). The following property characteristics were used to estimate your property value: MEADOW HAY LAND-AGRICLTRL ACRES:266 GRAZING LAND-AGRICULTURAL ACRES:374 • squarec. :ant*: e(ha +W. lag J o <h u a' 'ha ono !mirror .-c mar,an to s. rI ¢ a, ea.:hn and n"g:, a ad+xi r a i„d. and.u_,h. rnor.. ..a, h land nb hcan awu cd-; REAL PROPERTY This Is Not a Tax Bill csoes-u LEGAL DESCRIPTION: 338178 s59 Stanley F. Sessions S9 ALL 18-5-62 (I L)SITUS:25000 69 C Weld County Assessor R WEL4 00000 1400 N. 17th Avenue Greeley.CO 80631 eppealsr,t co.seld.co.us Date: 5/1/2005 HEARING 05/01/05-06/01/05 LOCATION: 1400N 17TH AVENUE OFFICE HOURS: 8:30-4:30 70 RANCH LLC TELEPHONE \O: I`/ 0i 351-3845 x-3650 FAN%O: (9-0.)3ii4-64?: 54605 QUEBEC ST STE 110 GREENWOOD VILLAGE CO 80111 TAX YEAR: 2005 TAX AREA: 0728 PARCEL NO: 096718000001 ACCOUNT NO: R4195886 PROPERTY PRIOR YEAR CURRENT YEAR INCREASE/ CLASSIFICATION ACTUAL VALUE ACTUAL VALUE DECREASE AG LAND 67485 71542 4057 AG BUILDINGS 184956 184956 0 TOTAL 252441 256498 4057 Parcel# 0967 8860001 Account To appeal by mail, list your name.address,and phone number below,detach the lower portion of this notice and mad in accordance with instructions on the reverse side to: Name: Weld County Assessor Address: 1400 N. 17th Avenue Greeley,CO 80631 Phone: • An assessment percentage will be applied to the actual value of your property before 96taxes are calculated. The assessment percentage for residences is/was projected to be 7 /o. Generally,all other property,including vacant land,is assessed at 29%of actual value.§39-1-104(1)and (1.5),C.R.S. • Your property was valued as it existed on January I of the current year. • The tax notice you receive next January will be based on this value. • Your right to appeal your property value expires on June 1,2005. • All property in Colorado is revalued every odd year. APPRAISAL PERIOD: The appraisal data used to establish your real property value was from the 18 month period ending June 30,2004. Your value is based on comparable sales of properties during that period. If the senior citizen property tax exemption has been applied to your property,it is not reflected in the value shown above. NOTE: Legislation passed in 2003 temporarily suspended the exemption benefit until tax year 2006(payable 2007). The following property characteristics were used to estimate your property value: PRIMARY BUILT AS COMM HOG BARN YEAR BUILT 1990 TOTAL BUILDING COUNT 48 MEADOW HAY LAND-AGRICLTRL ACRES: 186 GRAZING LAND-AGRICULTURAL ACRES:387 ALL OTHER AG LAND ACRES:68 REAL PRUPLRI Y This Is Not a Tax Bill 9506617 LEGAL DESCRIPTION: 338179 Stanley F. Sessions $$95,x.ALL 19-5-62 SITUS:25000 69 CR WEL Weld Count,/Assessor 'V 00000, 1400 N. 17th Avenue Greeley.CO 8(1631 appealslcco.s eld.co.us Date: 5/1/2005 HEARING DATES: 05/01/05-06/01/05 LOCATION: 1400 N 17TH AVENUE OFFICE HOURS: 8:30-4:30 TELEPHONE NO: Icri): 353-_545 x-3650 70 RANCH LLc FAX NO: (97(h 5460S QUEBEC ST STE 110 h 3(46433 GREENWOOD VILLAGE CO 80111 TAN YEAR: 2005 TAX AREA: 0728 PARCEL.NO: 096719000002 ACCOt.NTNO: R4195986 PROPERTY PRIOR YEAR CURRENT YEAR INCREASE! I CLASSIFICATION ACTUAL VALUE ACTUAL VALUE DECREASE AG LAND 45915 47024 1109 AG BUILDINGS 184956 184956 0 • TOTAL 230871 231980 1109 Parcel= 096719000002 Account= R4195986 To appeal by mail, list your name,address,and phone number below,detach the loser portion of this notice and mail in accordance with instructions on the reverse side to: Name: Weld County Assessor Address: 1400 N. 17th Avenue Greeley,CO 80631 Phone: An assessment percentage will be applied to the actual value of your property before taxes are calculated. The assessment percentage for residences is/was projected to be 7.96 %. Generally,all other property,including vacant land,is assessed at 29%of actual value.§39-1-104(1)and (1.5),C.R.S. • Your property was valued as it existed on January I of the current year. • The tax notice you receive next January will be based on this value. • Your right to appeal your property value expires on June 1,2005. • All property in Colorado is revalued every odd year. APPRAISAL PERIOD: The appraisal data used to establish your real property value was from the 18 month period ending June 30,2004. Your value is based on comparable sales of properties during that period. If the senior citizen property tax exemption has been applied to your property,it is not reflected in the value shown above. NOTE: Legislation passed in 2003 temporarily suspended the exemption benefit until tax year 2006(payable 2007). The following property characteristics were used to estimate your property value: PRIMARY BUILT AS COMM HOG BARN YEAR BUILT 1990 TOTAL BUILDING COUNT 48 GRAZING LAND-AGRICULTURAL ACRES:572 ALL OTHER AG LAND ACRES:68 Itt..AL nun tnt I This Is Not a Tax Bill 95046-32 LEGAL DESCRIPTION: 338159 Stanley F. Sessions PT)-4-63 LYING N&E OF RIVERSIDE CANA Weld County Assessor ,&,S-iTUS:WELD 00000 1400 N. I't0 Avenue Greclev. CO 50631 • appealca coma e!d co.us Deis: 5/1/2005 HEARING D_ 'I c: 05/01/05-06/01/05 A LOCTION:2400 N 17TH AVENUE OFFICE HOURS: 8:30-4:30 TELEPHONE NO: 1.0=4!01 !U-1-6433 353-35545 x-3650 70 RANCH LLC 5460 S QUEBEC ST STE 110 FAX NO: 19 GREENWOOD VILLAGE CO 80111 TAX YEAR: 2005 TAX AREA: 07325101IOoo24 PARCEL NO: 82647003 ACCOUNT NO: PROPERTY LASS FICATION PRIOR YEAR L VALUE CURRENT YEAR INCREASE/ AG LAND 55354 44957 -10397 TOTAL 55354 44957 -10397 Parcel 1 5 101 1070024 Account= To appeal by mail, list your name.address,and phone number below,detach the lower portion of this notice and mail in accordance with instructions on the reverse side to: Name: Weld County Assessor Address: 1400 N. 17th Avenue Greeley,CO 80631 Phone: An assessment percentage will be applied to the actual value of your property before taxes are calculated. The assessment percentage for residences is/was projected to be 7.96 Generally,all other property,including vacant land,is assessed at 29%of actual value.§39-1-104(1)and (1.5),C.R.S. • Your property was valued as it existed on January 1 of the current year. • The tax notice you receive next January will be based on this value. • Your right to appeal your property value expires on June 1,2005. • All property in Colorado is revalued ever:odd year. APPRAISAL PERIOD: The appraisal data used to establish your real property value was from the 18 month period ending June 30,2004. Your value is based on comparable sales of properties during that period. If the senior citizen property tax exemption has been applied to your property,it is not reflected in the value shown above. NOTE: Legislation passed in 2003 temporarily suspended the exemption benefit until tax year 2006(payable 2007). The following property characteristics were used to estimate your property value: SPRINKLER IRRIG.LAND ACRES:150 IRRIGATED LAND-A GRICLTRL. ACRES:84.47 -The square romane Ivied is Pa total exterior tour.uw;ageatd mat mdodc other,m.aua on:Fe pn oen, Improrerreoloo mean all rtruetr.res huedlogo fixtures.fcn.es and natcr rights erected.p n nr wined is land ..h tole to rurh land has.,,.nworthl CLERK TO THE BOARD PHONE (970) 356-4000 EXT 4217 FAX: (970)352-0242 WEBSITE: www.co.weld.co.us ' 915 10TH STREET P.O. BOX 758 O GREELEY, COLORADO 80632 COLORADO July 20, 2005 70 RANCH LLC 5460 S QUEBEC ST STE 110 GREENWOOD VILLAGE CO 80111 Parcel No.: 096535100003 Account No.: R2648303 Dear Petitioner(s): The Weld County Board of Equalization has set a date of August 5, 2005, at or about the hour of 11:00 AM,to hold a hearing on your valuation for assessment. This hearing will be held at the Weld County Department of Planning Services, Conference Room, 918 10th Street, Greeley, Colorado. You have a right to attend this hearing and present evidence in support of your petition. The Weld County Assessor or his designee will be present. The Board will make its decision on the basis of the record made at the aforementioned hearing, as well as your petition, so it would be in your interest to have a representative present. If you plan to be represented by an agent or an attorney at your hearing, prior to the hearing you shall provide, in writing to the Clerk to the Board's Office, an authorization for the agent or attorney to represent you. If you do not choose to attend this hearing, a decision will still be made by the Board by the close of business on August 5,2005,and mailed to you on or before August 12, 2005. Because of the volume of cases before the Board of Equalization, all cases shall be limited to 15 minutes. Also due to volume, cases cannot be rescheduled. It is imperative that you provide evidence to support your position. This may include evidence that similar homes in your area are valued less than yours or you are being assessed on improvements you do not have. Please note: The fact that your valuation has increased cannot be your sole basis of appeal. Without documented evidence as indicated above, the Board will have no choice but to deny your appeal. If you wish to obtain the data supporting the Assessor's valuation of your property, please request it directly from the Assessor's Office by fax (970) 304-6433, or by calling (970) 353-3845. Upon receipt of your request, the Assessor will notify you of the estimated cost of providing such information. Payment must be made prior to the Assessor providing such information. 70 RANCH LLC - R2648303 Page 2 Please advise me if you decide not to keep your appointment as scheduled. If you need any additional information, please call me at your convenience. Very truly yours, BOARD OF EQUALIZATION taa4 Donald D. Warden Clerk to the Board cc: Stanley Sessions, Assessor Hello