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Home My WebLink About20052357.tiff ret7c. CLERK TO THE BOARD PHONE (970) 356-4000 EXT 4226 FAX (970) 352-0242 915 10TH STREET I 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.: 096718000001 Account No.: R4195886 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Petitioner(s): Based upon information furnished to the Weld County Board of Equalization,we understand that you have withdrawn the petition challenging the valuation of the above PIN number. Please be informed that a withdrawn petition precludes any further challenge to the valuation of the above PIN number for this assessment period.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 k-c kc Esther E. Gesick Deputy Clerk to the Board cc: Stanley Sessions, Assessor 2005-2357 AS0061 NOTICE OF ADJUSTMENT OFFICE OF COUNTY ASSESSOR 1400 NORTH 17th AVE. ' p 5950 ALL 18-5-62 (1L) SITUS : 25000 GREELEY,Co 80631 69 CR WELD 00000 PHONE(970)353-3845,EXT.3650 www.co.weld.co.us W�`IDC, OWNER: 70 RANCH LLC COLORADO 70 RANCH LLC LOG 124 5460 S QUEBEC ST STE 110 PARCEL riQ96718000001 ACCOUNT 424195886 GREENWOOD VILLAGE, CO 80111 YEAR 2005_ 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: After review of your property, we have made adjustments . This was done because of additional information obtained, or provided thru the appeal process . PETITIONER'S ASSESSOR'S VALUATION PROPERTY CLASSIFICATION ESTIMATE OF VALUE ACTUAL VALUE ACTUAL VALUE PRIOR TO REVIEW AFTER REVIEW AG LAND 71542 73090 AG BUILDINGS j 18456 0 TOTALS $ $ 256498 $ 73090 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- 106(1)(a),C.R.S. Please see the back of this form for detailed information on Tiling your appeal. By: Stanley F. Sessions 06/24/2005 WELD COUNTY ASSESSOR DATE ADDITIONAL INFORMATION ON REVERSE SIDE r 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 1 and continuing through August 5 for real property (land and buildings) and personal property (furnishings, machinery, and equipment). § 39-8-104 and § 39- 8-1)7(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.eov/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. se, 47-T-7,(1_, / V> /oSc 31UNA l OF Ell NEk D f E PR.207-87/03 Siff/ 70 RANCH, L.L.C. Operations Office,5460 S.Quebec St.,#110 Greenwood Village,CO 80111 Telephone(303)773-1005 Telecopier 773-1176 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: -7/ " C- y: Robert A. Le bke, Manager email: BobLembke@bromlevnark.com 70 RANCH, L.L.C. Y. Operations Office: Quebec 1St 0,5110 Village,CO 80111 YYTelephone(303)773-1005 Tel Green Greenwoodood773-1176 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 1. 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: I, the undersigned, state the information and facts contained herein to be true to the best of my knowledge regarding the property. Owner: 70 , '\ Date: S By: Robe . Lem ke, Manager 5460 South Quebec Street, Suite 100 Greenwood Village, Colorado 80111 Telephone: (303) 773-1005 Fax: (303) 773-1176 email: BobLembke@bromlevpark.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 .16. 20031 9:34AMb fillWest Greeley Law Center fAX NU. 3U3U32441ibNo.9759 P. 2 F. U2 • COMPLIANCE ORDER ON CONSENT p 'COQ W THE.MATTER OF NATIONAL BOO FARMS,DIC, • i4 /:tom .\ �1 -S1876 �` . t COLORADO DEPARTMENT OF PUBLIC HEALTH AND Rd VlitONMItN]C • WATER QUALITY CONTROL DIVISION • COMPLIANCE ORDER ON CONSENT • • • In the Matter 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, C.R.S.,with the express consent ofNational Hog Fauns,Inc. (`NKr). The Division and , NHF may be referred to collectively as"the Pardee." While this compliance Order on Consent is meant to be a comprehensive settlement of all outstanding issues between the Parties,the Patties acknowledge that the Division has requested certain provisions fbr inclusion in the Financial Assurance Plan("PAP")that have been challenged by NU. These issues involve the authority of the Division to require,in the • PAP,surety for actions such as the removal of buildings,piping and utilities from slate trust lands These issues will be presented to the Colorado Water Quality Control Commission for decision,and the Commission's decision on those mat leis will supplement this Cou plasm Order. Each party retains its right to appeal any such decision by the Commission. L niklesigaNT OF TWOS]: 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 date of this ConsentOtdes fanda£xehioh. or•of-whisla-ths-Division has been bathed in writing,concenaingNUUF's Housed 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 eunently outstanding and potential disputes between the parties,including,but not limited to,the following: • Jul . 16. 20031 9: 3449 finiklest Greeley Law Center NIX Nee. 3t1353'L44tibN0,375g P. 3 P. 03 I COMPLLANCE ORDER ON CONSENT W DIN MATTER OF NATIONAL HOG FARMS,INC. I. The Notice of Violation and Cease and Desist Order("NOV")issued by the Division on October 20,2000; 1 2. Any other past or present violations of the Housed Commercial Swine Feeding Operations("HCSFO)regulations or statutes not specifically identified iu the NOV,and which have been reported to the Division or of which the Division has been notified in writing; 3. Any iisue surrounding compliance with the FAR 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 sampling and groundwater monitoring requirements. Ti. R AIITALS AND AGREEMENTS 1. Within thirty(30)days after issuance of the well permit by the Colorado Division of Water Resources("CDWR"),NU shall install a new monitoring well south of the hog barns on Section 26. The wall shall be installed according to CDWR regulatory requirements. A complete Monitoring and Observation Well Permit Application(Form 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 ' welL The well shall ho drilled into groundwater and the Screened section shall be at least 10 feet, if possible. A groundwater sample from the well shall be taken within ten(10)dtlys of the well being completed. The sample shall be analyzed for nitreto'nitrogan and ammezium-nitrogen, and the analytical results shall be submitted to the Division within 30 days of the well having Leto sampled. Copies of completed Perm GWS-46,Form 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-0tt and M-13. The wells shall be installed consistent with the regtt xntsittentd5tdinlrsttIl above. Agtuumlwsterssmple from-eaohrevphtowabntwell ' shall be taken and analyzed,and analytical results submitted to the Division,in accordance with the requirements identified in part II.1 above. The replaced wells shall be abandoned in 2 . 'Jul . 16 20030 9 35AMU anWest Greeley Law Center +ex NU. 3u383z44tibNo.9159 P. d Y. U4 • COMPLIANCE ORDER ON CONSENT IN TIID MATrIk OP Z4ATIONaL MOo s'ARMS,INC. • accordance with the requirements identified in No.10 below. • 3. NHF shall install a replacement well for 05 that is currently dry within thirty (30)days of the execution of this order. The new well sfian 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(8)on NEW maps. The well shall be installed consistent with the requirements identified in part ill above. A groundwater sample from the well shall be taken and analyzed,and analytical results submitted to the Division,in accordance with the • • requirements identified in part ILl 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 order,NHF shall provide evidence, acceptable to the Division,that all NW stnicture s are cleaned to the satisfaction of the Division, or it shall submit to the Division written confirmation that a now owner of the facility will be applying to the Division,within 10 days of the date of this Consent Order;for a HC.SF.O permit, which will include evidence of die new owner,with approval of the Colorado State Land Board, having been assigned the existing lease of state trust lands or the tight to use of the structures • located on such lands,and of their intent to utilize the structures in question for the storage andfor trumped.of swine feuding process wastewater. If it is determined by the Division,upon • •`i 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 nix of application, based on a mrtrient management plan submitted by NAP and approved by the Division,prior to the applications being made. The nutrient management plan tall indicate to which pivots the wine 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 samples from this monitoring • do not demonstrate elevated nitrogen levels in any soil depth increment fora given area,relative to the nitrogen concentrations-In the respective increment as identified in the first soil samples • taken to twelve-Riot depths in 1999 or 2000("first samples"). Where elevated nitrogen levels are rural,additional quarterly sort temples 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. soil.aatbplas.shall bs taken toi.l,Z-foot dtigih_w&a m+' +r?r+ui ,uaacptk • .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 fast 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 'J01 . 16 . 2003119:35AM1 West Greeley Law Center FAX NU. 3U3bsZ44UbNo.9159 p. 5Y. Ub • COMPLIANCE ORDER ON CONSENT IN THE MATTER OP NATIONAL HOG FARMS,rm. • of soft 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. The Division will limit any additional soils monitoring under each land • application area on state trust lands to one quarter,provided that the analyses of the soil samples horn this monitoring do not demonstrate elevated levels of phosphozus,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 me 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 less than the respective concentrations in the first samples. The soil . sampling,soil analyses,and report submittals shall be done in aceeadance 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: a. IMF shall take eleveu.(11)soil samples to a 32-foot depth at the compost site, analyze the samples*be nitrogen(ammonium-N and nitple-N),and report the results thereof within forty-five(45)days of the execution of this cader. The samples shall be taken in the locations identified by the Division in its April 3,20021ottor to 141W1 Tho maximum depth . increment for the samples shall be two feet b.. Nlw shall take soil samples to a12-foot depth kr dx(6)locations that are at least 2001bet apart from each other and that as between 100 to 200 feet from the compost site. The • maximum depth increment for the.aaraplea shall•be two feet. The alt samples for each depth increment shall be thoroughly mixed and a subsample of the mixture item each depth increment sent to a lab and analyzed for ammonium N and nitrate-N. NSF shall submit within forty-five (45)days of the execution of this order a report that documents the location of where the soil sample were taken and the results of the lab analyses. e. NEP shall submit within forty-five(45)days of the execution of this order information regarding the numbs of years that composting of residual solids occurred at the eleven(11)locations referred to in IL7.a above,both prior to 4r1130,1999 and after April 30, 1999. April 30, 1999 is the effective date of the housed commercial swine feeding operation regv{atigns•in Golorado`VVaapr•2uality Control Comp}(sMor}Regtflaaop NQ.6I. d. The Division will use the information provided under 11.7.o above to calculate the percentage of total composting years during which composting occtnred after April 30,1999 4 Jul .16. 20031 9:35AMSO ArWest Greeley Law Center' FOX NO. 3O3832446EN 0.9759 P. 6 P. 05 • COMPLIANCE ORDER ON CONSENT IN in MATTER OF NATIONAL HOG FARMS,INC. ("time percentage"). For each soil depth increment,this time percentage will be multiplied by the diffetenee between the amount of nitrogen found in each of the eleven(11)samples(referred to in I1,7,a above)and the amount of nitrogen found in to soil samples that are analyzed in accordance with 11.7.b above,to derive post4 pti11999\itrogen concentration increases as the • result of composting residual eollds. a. NHF shall undertake phytoremediation activities et the compost site where the • post-Apri11999 nitrogen concentration increase is greater than zero for any soil depth increment. Phytoremaliation shall bn auuurnpllshed though the appropriate planting,ntab$idhment, harvesting,and maintenance of either sunflowers or alfalfa. These phytoremediation activities ' shall be performed within the timeline and scope of work to be provided by the Division ttpou completion of consultation with NHF. I NHF shall take additional 12-foot deep soil steeples at the compost site for the purpose of monitoring the progress of the phytoremediatlen and the need for additional nitrogen remediafion,at the din-ration of the Division;provided,however,that nth 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 documentation in support of any existing phytoremediation activities for which it desires to receive credit. • —17 NHF shall take Ave soil samples to a 12-foot depth at the site where swine feeding process wastewater from BI•tT 1 wan released in the spring of 1999("RIM 1 release site"),analyze the samples for nitrogen(ens tonium N and nitrate-N)and provide the results • Ilmreof to the Divisive within thirty(30)days efts execution of this order. The samples shall • be taken at the locations identified by the Division in its April 3,2002 letter to NHF. The depth inoreaneats for the soil samples shall be 0.t)to 1.0 foot, 1.0 to 2.0 feet,and every two feet thereafter to a depth of twelve feet NHF shall undertake phytoremodiation 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 phytoremediation activities shall be performed within the timeline and scope of work provided by the Division upon completion of cqnsmiteion_V 2th t,[HP, Xj13F'.shall task&additional 12-foot aIVANN;!flak!!u at the T-1 release site for the purpose of monitoring the progress of the phytoremediation and the need for additional niLrugcn rcmediativu,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. 5 Jul . 16. 20031 9:36Ah1:1 (4est Greeley Law Center' •hfiX NO. 3U3832 46tNo•9169 P. 7 P, Ui • COMPLIANCE ORDER ON CONSENT IN THE MATTER OF NATIONAL HOG TARNS,INC. 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 phytoremeeliation shall be required once nitrogen levels in soils at the ElTf-1 release site are reduced to where they are equal to or less than 6.0 milligrams per kilogram in the top soil foot,and equal to or less than 4.0 milligrams per kilogram in the LO to 2,0 foot soil increment, and in each of the two foot increments thereafter,to a depth of twelve feet. To the extent PAP credit is sought for planting and establishment.NIIF shall provide evidence to the Division,within thirty(30)days of the execution of this order,that either sunflowers or alfal&have been planted(including planting date)and established at the BHT-1 release site. • 9. The Division shall determine,within thirty(30)days of the execution of this order,whether NHF has produced adequate evidence of the plating(including planting date) end establishment of*lila*or sunflowers on the following seventeen land application'sites'that • are located on state trust lands,so that NHP can secure a final'mediation credit therefore,For its • Financial Assurance Pin • ' • Pivot 01:51.91 saes in Section 36,TSN,R63W and 1.77 acres in Section 26,T5N, R63W . Pivot 02:78.91 acres im.Section 36,TSN,R63W Pivot 04: 19.94 acres in Section 6,'UN,R&M Pivot 05:79.66 acres it Section 6,T4N,R62W Pivot 06:61.06 acres in Section 6,MN.R62W Pivot 07:79.66 acres in Section 6,TUN,R62W . Pivot OS:79,66 acres in Section 6,TOT,R62W pivot 09:64.94 acres in Section 30,TSN R62W Pivot 10:331 acres in Scotlon 30,T5N,R62W Pivot 11:58.90 acres in Section 30,T5N,R62W • Pivot 12:79.06 acres in Section 30,T5N,R62W Pivot 20: 76.33 acres in Section 16,TSN,R62W • Pivot 21:78.35 acres in Section 16,T5N,R62W Pivot 22:7822 acres in Section 16,TSN,R62W Pivot 23:69.78 acres in Section 16,TSN,R62W Pivot 24:74.00 area in Section 16,TSN,R62W Pivot 29:24.17 acres in Section 16,T5N,R62W To the extent NHF undertakes two years of pl'toremediafion under the pivots located on state trust lands,no thither such r'emediation 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, 20031 9:36431 M4est Greeley Law Center{ FAX HO, 303832446ENo •9759 P. S F. 08 • t • COMPLIANCE ORAER ON CONSENT 1N THE MATTER OP NATIONAL BOO FARMS,D C. a lose of the phytoremediation crop because of drought or other natural disaster.NEB may • conduct phytoretnediation in nonconsecutive years,so long as two years of phytoremediation corder the pivots located on Mate trust lands are oomple�ltppdd NHF will make every reasonable effort to properly establish and maintain the phytoremod ation crop. • . J • 10. NAF shall abandon monitoring wells,when required by the Division or upon its own initiative after meeting the requirements of paragraph 13.by removing(via cutting or over- • drilling)the well casings to i depth at least five(5)feet below the land surface,and in• . accordance with holes 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 lxvidion end Colorado State Land Hoard within 30 days of a well having bees abandoned.. • 11. NEP shall provide,within forty-five(45)days of the execution of this order;a cost athlete for weed mowing is part of the proccs for revejctaring 1,610 aoros of ateto that lands. 12. NE P shall submit,within 30 days of the execution of this order,an approvable • groundwater monitoring plan("plan")that has been doveloped in consultation with the Division .. immediately subsequent to the•Division's approval of the plan,and in accordance with procedures identified in the approved plan,NE1F shall monitor groundwater in Oxisdng monitoring wells,beginning no later than thirty(30)days after the plan is approved,and during • quarterly monitoring periods(based on calendar quarters)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.NEEP shall monitor . groundwater in any now monitoring well during quarterly monitoring periods. NAP shall submit reports 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, and July 30 of each year. 11. Provided that no additional land applications are occurring,monitoring at any of • the aforementioned wells can be terminated atter one yea of sampling and upon the Division's approval of a written analysis,to be.submitted by MEP,of the monitoring results and any other relevant factors,which analysis indicates that there exists no groundwater contamination or • manna*potential fbecontaminl die t Oauldd byriTs HMO activities: lithe analysts' indicates that N113r"s regulated 8CSFO aorivitles Caused groimdwater conwminaliuo.tillF atudl develop an approvable groundwater remediatien protocol that uses the"pump inn beat"method, and that is developed In consuluation with the Division. This protocol shall be dovoiopcd within Jul . IS 2003 9:37AM1d fe4est Greeley Law Center[ }SX NU. 3U3s3144titN0 .9759 P. 9 V. U9 ' I COMPLIANCE ORDER ON CONSENT IN TiiE MATTER OF NATIONAL BOO PARMS,INC. • 60 days of the Division's approval of the written analysis that indicates that NHP'a regulated HCSFO activities caused groundwater contamination. This protocol shall be implemented by • NHF 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 groundwator will be applied is established or is actively growing. 14. The parties agree that,to the extent NHF submits,within seventy-five(75)days of • the execution of this order,evidence of auccessAilly completing certain monitoring,cleat[up or. removal activities identified herein,there is no need for NEW to produce any financial assurance. plan(FAP)covering such activities. 15. NHF 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 hernia and subsections 61.13(3)(h)and 61.13(4)(g)or the Colorado Discharge Permit System Regulations. The plan also shall be consistent with NHF's November 30,2000 FAP submittal and the Division's April 3,2002 letter to NHF,unless otherwise wise modified by this order;except that NHF shall not include in the FAP those items that are disputed by NHF as set forth iwthe Stipulation to be filed with the Water Quality Control Commission on December 9,2002. •,__/ Because,on May 17,2002,NHF indicated that there are no animals at the facility and it does not intend to repopulate the facility absent filing a request fora new or amended permit.NHF shall • • not be required to provide in its current FAP for removing live animals and mortalities. Provided' Atrdter,that NHF's FAP shall not be required to include the cost of demolition of buildings located on private(i.e.,non-state Dust 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 structure. NHF shall be allowed to provide approvable,modified values of the cost estimates that were provided for closure and post-closure activities in NHF's November 30,2000 FAP submittal. The Division agrees to expeditiously review any draft PAP submitted by NH?in order to provide NHF with timely comments regarding its completeness,while.NHP agrees to expeditiously convnt any deficiencies found therein by the Division ay as to meet the aforementioned submission deadline. • 16. NHF shall submit to the Division an appttrvable form of financial assurance in accordance with subsection 61.1.3(4)(h)of the Colorado Discharge Permit System Regulations, and in the amotmt reflected in the PAP submitted as required in No.15 above. This financial ataurahej Matt be submitted Within 90-days of the dateof the Division's approval ofthe • • complete FAP;provided,however,that to the extent N) has not submitied a complete PAP by the deadline established in No.15 above,the Division,based upon the best data and information available to it at the time,may demand that NiiP post,within forty-five(45)days of written 8 Jul . l6. 20031 9 '37A.Mr4 arWest Greeley Lae Centers rex U. JUdbiL44titti o9759 P . 10r• lU COMPLIANCE ORDER ON CONSENT iN THE MATTER OF NATIONAL HOG FARMS,INC- notice to NHF,financial assurance in the amount identified by the Division. 17. NHF shall ensure that an appropriate • cation of the FAP,per HCFSO regulations,is provided within 15 days after agreement 4on the content of the FAP. This verification,pans*to HCSSO regulations,shall be prepared by a Professional Engineer, • registered in the State of Colorado. 18, The financial assurance requitals**.as found in subsection 61.13(4)(h)of the ' t IS regulations may be released,In whole or in part,either(a)upon petition of NHF and in accordance with the•provisions of subsection 61.13(4)(hxx)(B)of the CDPS regulations.or(b) upon the approval by the Division oft FAY and the posting of financial assurance from any successor in hsterest to NU, To the extent of any partial transfer of the property associated with •• the NW facility under this ettbpatagtnph(b),snob release shall be granted as to the portion ofthe property so transferred. • 19. To the extent NEC chooses to punue a land trade with the State Board of Land • Cornmissloners,so as to transfer to NHF(or any successor in interest)stare lands upon which swine production or swine feeding process wastewater disposal have previously oaaitre&the Division will not oppose such trade and will facilitate such made to the extent it deems • �• appropriate. 20. NEE agrem to pay its outstanding permit fee for state fiscal year 2002,in the . amount of 330,835 within forty-five(45)days of the execution of this order. III. ' ORDER ON CONSENT Based on the foregoing,and pursasnt to its authority under sections 25-8-101,et seq,C.R.S.,the Division order's,and NW specifically agrees to,the following: 1. The Recitals and Agreements above shall be binding upon the parties. To the • extern that the Agreement provides that the Division will make determinations or decisions based on information provided by NIL or on its own independent analysis of the manors to be reviewed,NHF agrees to accept the Division's determinations or decisions to the extent such are not ubitrary or capricious. 2. Nothing herein relieves NITP tronany Mfability'or penalty-fee violations,-if-any,4hat ocew 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. 20031 9 31Ag RIJNest Greeley Law Center MX Nu. 3(13832404o,975g PO'. 11 I COMPLIANCE ORDER ON CONSENT 1N THE MATTER OF NATIONAL HOG FARMS,INC. occur after the eftective date of this Consent Order. 3. Completion of the actions identified herein or subsequent requirements performed hereunder shall constitute to full eettent of any closure dr post-closure activities or corrective scions to be required of NEE under Regulation No. 61, except to the extent such may arise from wtrditions of which the Division is not swam and has tot boon notified in writing. IV. PBNALTIJ$ 1. Based npon the application of the penalty mitigation factors outlined intheDivision'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,NAF has • indicated a desire to perform a Supplemental Eavimnmeatal Projeot ("SET) 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, at his designee, to impose the $150,000.00 penalty fir the above vibladion(a)and N P agiess to satisfy payment of the penalty by undertaking the following Supplemental Environmental Project("SEP"),which the rinks agao is intended to secure significant environmental or public health protection and improvements. • • 3. N1IF 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 find projects to restore areas and systems impacted by fire and drought to protect the watas of Colorado. N1?aballprovide documentationto the Division and make the cash payment of$150,000.00 within forty-five(45)days of the effective date of this Consent Order, directed as follows: Payable to the 'Tire Impacted Watershed Restoration Fund",to the attention of Gretchen i Middents,vice?resident,Corporate Trust &Escrow Services,1740 Broadway,Denver,CO 80274(303-863-6450)(wiretransfers are possible,pleas call Me.Mlddants). 4. If 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 llinnd 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, mciud ng _eAd recovery projects, h;'C41gr¢,,laivalugicr lorta Emile Alternative Ene rgyFund may only be made to residential owners,small businesses,and local governmental agencies. 10 Jul . 16. 2003i 9:38A0 trWest Greeley Law Center) MIX NU, 3Udbs•[44bbNo.9759 P. 12F. 1? • COMPLIANCE ORDER ON CONSENT IN THE MATTER OF NATIONAL HOG FARMS,INC. S. NM?hereby certifies that,as of the affecdve date of this Consent Order,it is not required to perform or develop the SEP by any federal state or locsl law or regulation and it is not • • required to penbrm or develop the SEP by any agreement,pant or an Injunctive relief In this . .or any othm case. NHP further certifies that it has not received, and is not presently negotiating to receive,credit in any other enMcemeat action tbr the M. . 6. NHP shall include in any public statement,oral or written making reference tote SEP the following language:"This project was imde taken in connection with the settlement of an enforcement action taken by the Colorado Department of Public Health and Eavhonment, Water Quality Control Division,for violations of the Colorado Water Quality Control Act and/or implementing control regulations." • V. pars AGREEMENT TO CONSENT ORDER • 1. NIIC agrees to the trams and conditions of this Consent Order. • 2. Notwithstanding the abovo,NHP does not admit any of the factual or legal determinations made by the Department herein,and any action undertaken by NHP pursuant to this Consent Order shall not constitute an admission of liability by NET with respect to • conditions of the facility property. Nothing herein shall preclude MAY from asserting any defenses or oountes olnims in any judicial or administrative action commenced by any third patty. VI, icon AND EFFECT OF ORDER ON CONSENT 1. The Parties agree and acknowledge that the Consent Order constitutes a full and foul . resolution of the issues addressed in this Consent Order,and further agree not to challenge the terms and conditions of this Consent Order in any proceeding before any administrative body or any judicial form,whether by way of direct judicial review or collateral challenge. 2. This Consent Order constitutes a final agency order upon execution by NU and the Division and shall be en£oaceabk by either party in the same manner as if this Consent Order hatboan entered by the Division without agreement by NHP. The Panics ague that any violation of the provisions of this Consent Order by NET concerning the Act,or its implementing regulations,shall be a violation of a final order of the Division for the • PPISSi0.21 tiPAS2.a-H42 .44.$;..CR,S. 2 agrris ttJo.chaAtntga 11=factual or legal determinations made by the Division herein in any action to enforce the teens 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 hew,any such enforcement action. 11 Jul . 16. 2003 t 9:18A0H1West Greeley Law Center)• 1RX NU. 3Ustisz44t;`No.9759 P . 131. 13 COMPLIANCE ORDER ON CONSENT 1N THE MAT SR OF NATIONAL 000 WARMS,INC. 3. The Parties'obligations under this Consent Order are limited to the matters expressly stated herein or in approved submissions required pere under. 4. The Division's approval of any submission,standard, or action tinder 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 later • quality laws by NHF,nor shall it be inferred to be such an admission byNHF fit any - administrative or judicial proceeding. The described violation will constitute part of NHF's compliance history for any purpose for which such history is relevant,inchuling considering the violation described above in assessing a penalty for any subsequent violations against NHF. 6. NHF 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 hereunder. • 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 refened to herein. VII. J4OTICES Unless otherwise specified,any report,notice or other cornmunicatiun requited under the Consent Order shall be sent to: • For the Division: Ron Jepson AFO Program Chomp Leader Colorado Department of Public Health and Environment WQCD•PB•132 4300 Cherry Creek Drive South Denver,Colorado 80246-1530 Fora 3F: StsnWeber,.Presideut Natitinallioglrartne,7ni. Livestock Exchange Building • 1600 Gennessee Kansas City,MO 64102 12 Jul • 16. 20031 9. 39AM3 firbNest Greeley Law Center Nix MU. 3usssdatibbN01759 P. 14F. 14 COMPLIANCE ORDER ON CONSENT IN TITS MATTER OF NATIONAL HOG FARMS,INC_ 'VIII, EFFEr`T(1R BANKRUPTCYP�'1TYON The obligations imposed by this Consent Order require the performance by NEE of actions that are reasonably designed to protect public health and welfare and the environment Any enteanement of the obligations imposed by this Consent Order constitute.,solely for the purposes of 11 U.S,C. section 362(b)(5)(1988),the mincemeat of a judgment,other than a money . judgment:obtained in an action to enforce the State's regulatory and police powers. IX MODIFICATIONS This Consent Order may be modified only upon mutual written agreement of the Parties. The Division may extend any deadlines set forth herein,and upon acceptance of such extension by +,soy such extension shall constitute a modification to this Consent Order. X. COUtYTE8?'ASTS This Consent Order may be executed in multiple counterparts,each of which shall be deemed an original,but all of which shall constitute one and the same agreement. • XI. $l,SERVATION OF RIGHTS The Division reserves the right to bring any action or to seek civil or administrative penalties for any Attune violations of this Consent Order,the Act or its implementing regulations. Further,the Division bas the right to bring any action to enforce this Consent Order and to seek any authorized penalties for any violation of this Consent Order. • • XII. )INDD4G miter AND EFFECTIVE DATE • This Consent Order is binding upon the Parties to this Consent Order and their corporate subsidiaries or parents,their nfficeas,directors,agents,attorneys,employees;contractors, successors in interest,and assigns. The undersigned representatives certify that they are authorized by the party or parties ahem 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 date on Which the last of all required signatures bas beta obfairlezl 13 Jul .16. 20031 9:39A44 HilWest Greeley Law Center bMx ml. 3ujeuz44tlbNo ,9759 P. 15r. lb .�• COM1LIANCE ORDER ON CONSENT IN THE MATTER OP NATIONAL HOG FARMS,INC. COLORADO DEPARTMENT OF PCBWC UFALmAND RNVIROxscr i'I' By, Date: /`;—/3�GdJ.� hn Cluse Acting Director Waist Quality Control Division Dr , Date: A -Z1-a3 dector Office Of of Legal&Regulatory Affahs NATIONAL HOG PARKS,INC. Data: le?- 4 -O.2_ a1 Sun Weber President • 14 RLYL LIWLI?. \l l This Is Not a Tax Bill 95050-32 LEGAL DESCRIPTION: 338163 PT 3,5-5-63 LYING NELY OF NLY BANK OF RI Stanley F.Sessions VEIDE CANAL SITUS:WELD 00000 1eld W400 Courtly Assessor Greeley.CO 30631 appeals::cn.wcld.co.us • Date: 5/1/2005 HEARING DATES: 05/01/05-06/01/05 LOCATION: 1400 N 17TH AVENUE OFFICE HOURS: 8:30-430 TELEPHONE NO: (97U)353-3'45 v-365;3 7o RANCH LLc 54605 QUEBEC ST STE 110 FAX NO: 19 U 304-b-1-- GREENWOOD VILLAGE CO 80111 TAX YEAR: 2005 TAX AREA: 0732 PARCEL NO: 096535100003 ACCOUNT NO: R2648303 i PROPERTY PRIOR YEAR CURRENT YEAR INCREASE./ CLASSIFICATION ACTUAL VALUE ACTUAL VALUE DECREASE AG LAND 6323 5450 AG BUILDINGS 0 72372[ f 723721 TOTAL 6323 729171 722848 Parcel 096535100003 Account= R2648303 To appeal by mail. list your name,address, and phone number below,detach the lower oonion 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 event'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 7504 ALL 23-5-63 EXC UPRR RES SITUS: 25 Stanley F. Sessions essor 000"69 CR WELD 80644 SITUS:28000 69 CR 0 N. County Avenue • WELD . 1400 ey CO63 appeLv.CO 86631e appealsar ai.weW.co.us Date: 5/1/2005 HEARING DATES: 05101/05-06'01/05 LOCATION:1400 N 17TH AVENUE OFFICE HOURS: 8:30-4:30 TELEPHONE. NO: 19_65 353-3541 x-3650 70 RANCH LLC 5 FAX NO: t9 1113!+-64'r3 460S QUEBEC ST STE 110 GREENWOOD VILLAGE CO 8010 TAX 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 a 096523000002 Account= R4184286 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°4 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' 1728 YEAR BUILT 2004 TOTAL GARAGE SQUARE FOOTAGE 960 TOTAL BUILDING COUNT 18 GRAZING LAND-AGRICULTURAL ACRES:617 ALL OTHER AG LAND ACRES:23 cd :n i MEAL, rnvr cm' I This Is Not a Tax Bill 95042-32 LEGAL DESCRIPTION: 338155 Stanley F. Sessions 739A FORMER ALL 3-4-63 INC UPRR R/W OF Weld County Assessor •JULESBURG BRANCH LOCATED IN NE4 EXC 30A 1400 N. 17th Avenue C N& )=-OF RR R/W ALSO EXC UNUSED RD ON Greeley.CO 30031 W SIDE NI SEC 3 (I6D4R)SITUS:WELD 00 appeal ico.weld.co.us Date: 5/1/2005 HEARINGDAT S: 05/01/05-06/01/05 LOCATION: 14 N 17TH AVENUE OFFICE 11O1 RS: 8:30-4:30 70 RANCH LLC TELEPHONE NO: !Vroi 3°2_7;45 5460S QUEBEC ST STE 110 FAX O. i'9761 3C-1;42,3 GREENWOOD VILLAGE CO 80111 TAX YEAR: 2005 TAX AREA: 0732 PARCEL NO: 1051 zaev20 ACCOUNT NO: PROPERTY PRIOR YEAR CURRENT YEAR INCREASE] ' CLASSIFICATION ACTUAL VALUE ACTUAL YALLE DECREASE AG LAND 115112 115112 0 AG BUILDINGS 10777 10466 -311 I 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 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 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 1 1/2 STORY FIN 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 This Is Not a Tax Bill 95047-2 LEGAL DESCRIPTION: 338160 Startle F. PT hI�0-4-63 LYING NELY OF HWY 34&W OF Stanley Weld y F.Sessionsounty Assessor C/L'CR 69(14.921-WY 2.18 2D) SITUS: WEL 1400 N. I 7th Avenue D 00000. Greelev.CO S0631 appeals.'u co.ueldco.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 LLC TELEPHONE NO: 0'0)353-3345 x-360 54608 QUEBEC ST STE 110 FAX NO: (9.lil 304-6433 GREENWOOD VILLAGE CO 80111 TAX YEAH: 2005 T.A.\AREA: 0733 PARCEL.NO: 105110100003 ACCOUNT NO: R2647903 PROPERTY PRIOR YEAR CURRENT YEAR INCREASE! CLASSIFICATION ACTUAL VALUE ACTUAL VALUE DECREASE AG LAND 29615 39232 9617 TOTAL 29615 39232 9617 Parcel s 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 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: SPRINKLER IRRIG.LAND ACRES:20 IRRIGATED LAND-AGRICLTRL. ACRES: 132.68 •Hie.qua e iouuee luwJ,s the final c :qua&loouce and rixtt include other sruaums nn the prop.-:. lovtoteohotts mean,jii SIRICIUTO,nu'Ming,.tit totes.Ilences anti ttater rtghr CFCCICti up n allied: and...hope,or not He,t such land hat been a tu:o:l. Kt.AL YKOBERI T This Is Not a Tax Bill 91055-32 LEGAL DESCRIPTION: 338168 7509 W2/SE4 20-5-63 EXC BEG 200' S87D25 Stanley F.Sessions Weld County At. t OF STA 0 OF R/W OF FEEDER D OF RIVER 1400 N. 1-th At.enue RES FROM WHENCE NW COR OF SAID SEC BEA Greclev,CO S0(3 I RS NO3D19'W 4492' ELY ALONG S BDRY OF R appeal 'a co.5celd.co.us Date: 5/1/2005 HEARING DATES: 05/01/05-06,01/05 LOCATION: 1400N 17TH AVENUE OFFICE HOURS: 8:30-4:30 TELEPHONE NO: (11 l)„53.3345 •1.30.50 70 RANCH LLC 5 FAX N O: 19 li 1 304-6433 460 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 TOTAL 83183 149294 66111 Parcel» 096520000012 Account+i R4183486 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 1 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 MI I"1,..a I"El%I I This Is Not a Tax Bill 95064.12 LEGAL DESCRIPTION: 338177 5949 ALL 17-5.62 SITUS:WELD 00000 Stanley F.Sessions Weld A Counh: ssessor 1400 N. 17th? Avenue • Greeley.CO S0631 • appeal's a co.w eid.co.us Date: 5/1/2005 HEARING AT_ES:MON 77TH AVENUE HOURS: 1I/05 LOCAT1N: OFFICE 8:30_4:30 70 RANCH LLC TELEPHONE NO: ‘971b :5;-3S45 x-3650 5460S QUEBEC ST STE 110 FAX NO: ('97u 504-64!3 GREENWOOD VILLAGE CO 80111 TAX YEAR: 2005 T.A.\AREA: 0728 PARCEL NO: 096717000004 9 6 7 1 7000 04 ACCOUNT NO: 8 PROPERTY PRIOR YEAR CURRENT YEAR INCREASE/ CLASSIFICATION ACTUAL VALUE ACTUAL VALUE DECREASE AG LAND 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 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 (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: MEADOW HAY LAND-AGRICLTRL ACRES:266 GRAZING LAND-AGRICULTURAL ACRES:374 • .qurc u t d:a the anal I naa, I d 0 ': 9 I - ' Imo ... . is m m ao I.- . .bu IU �ys . i feri ae,.,e, and .ow rights nN I�, Up�^ r� .aa w.un h.l n mac wit,, ,-1.land nn hcch a.gurod. REAL PROPERTY This Is Not a Tax Bill 95065-32 LEGAL DESCRIPTION: 338178 Stanley F. Sessions f95,9 ALL 18-5-62 (IL) SITUS:25000 69 C Weld County Assessor hWEL000000 1100N. I 7th Avenue Greeley.CO 30631 apnea) _t col.eid.co.us Date: 5/1/2005 HEARING D S- 05/01/05-06/01/05 LOCATION:- N 17TH AVENUE OFFICE HOURS: 8:30-4:30 70 RANCH LLC TELEPHONE NO: t0-0135j-3345 x-3650 54605 QUEBEC ST STE 110 FAX NO, 1'). 11 X1.464 33 GREENWOOD VILLAGE CO 80111 TAX YEAR: 2005 TAX AREA: 0728 PARCEL NO: 096718000001 ACCOUNT NO: R4195886 PROPERTY PRIOR YEAR CURRENT 1 YEAR INCREASE/ CLASSIFICATION ACTUAL VALUE ACTUAL VALUE DECREASE AG LAND 67485 71542 4057 4r AG BUILDINGS 184956 184956 0 TOTAL 252441 256498 4057 Parcel 096718000001 671 8 00001 R86 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 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 PROPERI This Is Not a Tax Bill 9106637 LEGAL DESCRIPTION: 338179 Stanley F. Sessions ¢957 ALL 19-5-62 SEWS:25000 69 CR WEL Weld Count:Assessor , 00000, 1400 N. I7tfi enue Greeley.CO 50631 appeals icov'elleo.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: C4'01353-3845 x-3650 70 RANCH LLC FAX NO: (9 U131'4-6433 54605 QUEBEC ST STE 110 GREENWOOD VILLAGE CO 80111 TAX YEAR: 2005 TAX AREA: 0728 NO: PARCEL 096719000002 95982 PROPERTY PRIOR YEAR CURRENT YEAR INCREASE. 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 low er 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 30631 - 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 COMM HOG BARN YEAR BUILT 1990 TOTAL BUILDING COUNT 48 GRAZING LAND-AGRICULTURAL ACRES:572 ALL OTHER AG LAND ACRES:68 KLAL rnvrr.nrI This Is Not a Tax Bill 9NM6di LEGAL DESCRIPTION: 338159 F.Sessions PT)J-4-63 LYING N&E OF RIVERSIDE CANA Stanley and County Assessor t ST U'S:WELD 00000 1406 N. I'th Avenue Greeley. CO S0631 • appeal-sii cow eld.co.us Date. 5/1/2005 HEARING I): ]F1': 05/01/05-06/01/05 LOCATION: I4uu N 17TH AVENUE OFFICE HOURS: 8:30-4:30 70 RANCH LLC TELEPHONE. NO: ip}ir 353-3S45 x-3650 5460S QUEBEC ST STE 110 FAX NO: la lit 304-6433 GREENWOOD VILLAGE CO 80111 TAX YEAR: 2005 TAX AREA: 0732 PARCEL."NO- 10510110 024 ACCOUNT NO: PROPERTY PRIOR YEAR CURRENT YEAR INCREASE/ CLASSIFICATION ACTUAL VALUE ACTUAL VALUE DECREASE AG LAND 55354 44957 -10397 TOTAL 55354 44957 -10397 Parcel? 105101100024 Account= R2647003 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 "/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 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: 150 IRRIGATED LAND-AGRICLTRL. ACRES:84.47 •inc square(u iagc hnoed Ic rho oal nluior.9uv<i:wmge:old ma,'n dudw,her ono::wa on the pruouru ImprorcricTr,nun -;1-nu. res.hold F.I,w-cs.fences,and Tairr r pr s erred upturn al Hod n,land THEIHr or. I nllc lT 4uch lard H.Hen a;at ,.d.: " 1°- ;(\ CLERK TO THE BOARD PHONE (970) 356-4000 EXT 4217 FAX: co. 352-0242 r�, WEBSITE: www.co.weld.co.us 91510TH STREET I P.O. BOX 758 GREELEY, COLORADO 80632 C. COLORADO July 20, 2005 70 RANCH LLC 5460 S QUEBEC ST STE 110 GREENWOOD VILLAGE CO 80111 Parcel No.: 096718000001 Account No.: R4195886 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 - R4195886 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 12n41104 Donald D. Warden Clerk to the Board cc: Stanley Sessions, Assessor Hello