HomeMy WebLinkAbout20030840.tiff 11/20/2002 15:30 303-853-3946 BLDG 111 PAGE 01/01
Post-IP Fax Note 7671 Date itb.o4A liegreeta /
To Pro..
Board of County Commissioners Co./Dept. Co.
and phone a Phone I
Department of Planning Services Fax el ) yy..6 ens- Fax„
Greeley, CO
Re: PUD final Plat for the Zed Filing of Beebe Draw Farms for 406 lots Weld Ca; : ; nine Department
OFFICE
NOV 2 0 2002
As a restoration ecologist with more than 25 years experience, I am opposed to the
development of 406 additional lots in the Pelican Lake Subdivision. I urge tRiorst ` j D
staff and commissioners to reject the proposed development.
The sandhills prairie and wetland areas for which the development is planned are among
the most fragile habitats and landforms in the State and region. Revegetation of
disturbances in these areas is very difficult. Even with very expensive approaches to
revegetation, success is limited and extremely slow to develop.
Soil erosion potential of disturbed sites by both wind and water is extreme. Soil erosion
from the existing housing is dramatic on windy days. Further construction would only
exacerbate the erosive potential.
Wetland degradation as a result of soil/channel erosion and groundwater contamination
from the numerous septic systems is a certainty, in my opinion.
The range site classification for the Pelican Lake Subdivision area typically produces
only between 1500 and 2000 pounds of forage per acre per year. In a short period of time,
any lots used as horse property would become bare ground and continue to contribute to
wind erosion and wetland degradation.
In addition to the ecological considerations, there are numerous community planning
guidelines suggesting that this type of development is outdated. The lesson of
inappropriate development has already been learned. The proposed subdivision is just not
smart growth, and again, I urge the planners and commissioners of Weld County to reject
the proposal for expansion of the development,
Sincerely,�� vita(
(J mil
Carl V. Mackey
Principal Restoration Ecologist
Washington Group International, Inc.
Rocky Mountain Arsenal
Commerce City, Colorado
11 EXHIBIT
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2003-0840 r# �
GORSUCH KIRGIS LLP
ATTORNEYS AT LAW
/'POWER I, SUITE 1000 1 1515 ARAPAHOE STREET I DENVER. COLORADO 80202 I TELEPHONE (303) 376-5000 I FACSIMILE (303) 376-5001 /"
G. DONOHUE KANE DIRECT DIAL (303) 376-5013 O
email: dkane@gorsuch.corn �I
Via Fax and U.S. Mail Weld County Planning Department
GRFELFY OFFICE
NOV 2 0 2002
November 19, 2002
F^ ✓Eta L 4 Y V
Weld County
Department of Planning Services
Attn: Monica Daniels-Mika, Director
1555 North 17th Avenue
Greeley, Colorado 80631
Re: Kerr-McGee Objections and Request for Continuance
Case No. PF-1021 - PUD Final Plat for 2nd Filing of Beebe Draw Farms
Township 3 North, Range 65 West, Sections 4, 5, 8, 9, 10 and 17
Dear Ms. Daniels-Mika:
r
This letter relates to the application of REI, LLC (the "Applicant") for approval of the
proposed final plat covering the lands described above (the "Application Lands"). On
November 5, 2002, we submitted a Notice of Mineral Leasehold Interests and Objection to
Application for Development objecting to the application on behalf of our clients, Kerr-McGee
Rocky Mountain Corporation and Kerr-McGee Gathering, LLC (collectively, "Kerr-McGee").
Since that time, Kerr-McGee and several of the other oil and gas operators on the Application
Lands have had a meeting with Applicant to review the proposed development and to discuss
the coordination of surface development activities with existing and future oil and gas
development on the Application Lands. Although the meeting was very constructive and all
parties expressed a willingness to cooperate, Kerr-McGee continues to have a number of
significant concerns with the proposed plan of development. Kerr-McGee therefore restates its
objections to the plat as presently submitted. We request the Planning Commission to continue
the hearing scheduled for this matter or, if the hearing goes forward, to defer approval of the
proposed plat until the deficiencies described below are properly addressed by the Applicant.
Kerr-McGee will outline its objections in two categories: first, a series of general
objections that apply throughout the plat as proposed by the Applicant; and, second, a series of
specific deficiencies that Kerr-McGee has identified on a parcel-by-parcel basis within the
Application Lands.
EXHIBIT
GDK\58698.01\427280.01 f"
/9,-144902/
Weld County Department of Planning Services,
Attn: Monica Daniels-Mika, Director
November 19, 2002
Page 2
General Objections
(a) Failure to Properly Depict Location and Type of Existing Wells and Production
Facilities.
The plat contains a number of unmarked circles. According to the Applicant,
these circles are intended to reflect the location and proposed setback areas for all oil and gas
wells and production facilities presently operated on the Application Lands. Kerr-McGee is in
the process of reviewing the accuracy of the Applicant's depictions for the thirty (30) wells and
associated production facilities operated by Kerr-McGee on the Application Lands. Based on
its preliminary review, however, Kerr-McGee believes that a number of the Applicant's circles
may not be properly located on the plat.
Kerr-McGee has previously furnished the Applicant with detailed information
regarding the location and identity of its existing wells, production facilities, flowlines and
pipelines. This important information has been omitted from the proposed final plat.
Although the Applicant has prepared a separate series of plats -- referred to as "Oil Well
Layout Plats" -- attempting to reflect the information received from Kerr-McGee (together with
similar information received from other oil and gas operators on the Application Lands), these
plats are not part of the official plat submitted for County approval. Moreover, the Oil Well
Layout Plats appear to be based on an earlier drawing of the proposed subdivision with lots,
roads and public use areas that do not conform to the present plat. This has made it difficult
for Kerr-McGee to verify the locations depicted on the plat.
In the interest of public safety, and to provide appropriate notice to prospective
lot purchasers and other interested parties, the plat should be redesigned to accurately depict
and identify all of the existing oil and gas wells and production facilities presently located on
the Application Lands. If the Applicant prefers not to include these details on all pages of the
recorded plat, the information could be shown on separate pages designed for these purposes.
(b) Failure to Identify and Confirm Setbacks.
As indicated above, the Applicant has included a number of unmarked circles to
reflect the proposed "setback areas" -- the areas surrounding an existing well or production
facility where no buildings, structures or other improvements can be constructed by the
Applicant or future owners of the Application Lands. Although the setbacks are uniformly
depicted with a 300-foot radius on the Applicant's Oil Well Layout Plats, the circles on the
"official" plat appear to vary between 150 and 200 feet radii with no explanation of the
differences.
G DK\5 8698.01\427280.01
Weld County Department of Planning Services,
Attn: Monica Daniels-Mika, Director
November 19, 2002
Page 3
Note No. 4 of the plat contains the following statement:
"The oil and gas well setbacks shown hereon were provided to Landmark
Engineering, Ltd. by the client. Landmark did not locate nor verify the
location of any petroleum utility system, line, wellhead, tank battery,
flowline, etc. It is the lot owner's responsibility to contact the
appropriate agencies prior to any and all excavating within this
subdivision and to verify the location of any oil and gas well setbacks
and easements, buried utilities and lines prior to construction."
Kerr-McGee asserts that it should not be the "lot owner's responsibility" to verify the location
of existing wells, production facilities, flowlines and pipelines when this information exists and
is readily available to the Applicant for inclusion on the recorded plat. In the interest of public
safety, and to provide appropriate notice to prospective lot purchasers and other interested
parties, the plat should be redesigned to accurately depict the appropriate setbacks from all
existing wells and production facilities located on the Application Lands.
(c) Failure to Depict Location, Width and Source of Existing Easements and Rights
of Way.
C.R.S. § 38-51-106 requires all land survey plats to include "all recorded and
apparent rights-of-way and easements, and ... the source from which such recorded rights-of-
way and easements were obtained." The County's own subdivision regulations at Section 24-
4-40(D)(6) require that all final plats comply with the statutory requirements set forth in
C.R.S. § 38-50-106. The County regulations further provide that "All easements that are not
parallel to a lot line shall be designated and identified by bearings and dimensions" § 24-4-
40(D)(7).
As indicated above, Kerr-McGee has previously furnished the Applicant with
detailed information regarding the location of existing flowlines and pipelines operated by
Kerr-McGee on the Application Lands. Most of the existing lines are located on easements
created under instruments recorded in Weld County. Other lines were installed under general
easements granted in recorded oil and gas leases covering the Application Lands. Kerr-McGee
believes that several of the existing easements may encumber the lands to be dedicated as
streets within the proposed subdivision. However, none of the existing easements are reflected
on the plat as required by State law and the County's regulations.
The Applicant should be required to redesign its plat to depict all of the existing
flowlines and pipelines operated by Kerr-McGee on the Application Lands. The redesigned
plat should include all required information regarding the easements and rights-of-way on
GDK\58698.01\427280.01
Weld County Department of Planning Services,
Attn: Monica Daniels-Mika, Director
November 19, 2002
Page 4
which such flowlines and pipelines are located. In the interest of time, Kerr-McGee is
providing the Applicant with copies of all recorded easements held by Kerr-McGee covering
the Application Lands. For those flowlines and pipelines constructed under general lease
easements, Kerr-McGee has agreed to cooperate with the Applicant to identify the precise
location of such lines and to generate an accurate legal description for recording purposes.
This will require a physical inspection of the lands with tools designed to locate buried pipeline
facilities. In some instances, modest survey work may also be required.
(d) Failure to Provide Locations for Future Wells and Associated Production
Facilities.
The Applicant has acknowledged the right of Kerr-McGee and other oil and gas
operators to drill additional wells on the Application Lands. The Applicant has suggested that
any future wells should be drilled from existing well locations. Although Kerr-McGee believes
that this will be reasonable in many instances, there may be instances where the existing well
location is not suitable for drilling a new well and a separate location will need to be provided
within the legal drilling window designated by the regulations of the Colorado Oil and Gas
Conservation Commission. Kerr-McGee is in the process of identifying any such additional
well locations. There may also be instances where the existing well location will be suitable,
but the area provided for oil and gas operations at those sites may need to be expanded to
accommodate the additional wells and the production facilities associated with those wells.
(e) Access to Oil and Gas Wells and Production Facilities.
The Plat does not identify access routes to existing or potential future oil and gas
wells, production facilities, flowlines and pipelines operated by Kerr-McGee. Kerr-McGee is
prepared to discuss and confirm these routes with the Applicant so that the access routes can be
identified on the final plat.
(0 Surface Use Agreement.
Kerr-McGee believes that all of the matters discussed in Items (a) through (e)
above should be addressed in a comprehensive surface use agreement entered into between the
Applicant and the oil and gas operators, including Kerr-McGee. Kerr-McGee has successfully
negotiated dozens of surface use agreements to define the respective rights and obligations of
the surface and mineral developers and provide for the development of both estates in a
mutually compatible manner. The oil and gas operators are preparing a draft of a proposed
surface use agreement to be used in connection with the Application Lands. Kerr-McGee
requests that the execution of a surface use agreement be a condition to final plat approval by
the County.
GDK\58698.01\427280.01
Weld County Department of Planning Services,
Attn: Monica Daniels-Mika, Director
November 19, 2002
Page 5
Specific Objections
Based upon its initial review of the Applicant's Oil Well Layout Plats, Kerr-McGee has
identified the following concerns relating to specific portions of the Application Lands. Kerr-
McGee reserves the right to identify additional concerns when the plats are corrected and
revised to reflect the current location of subdivision lots, roads, and public use areas.
(a) Section 5 - NE/4NE/4
The Oil Well Survey Plat indicates two wells in this tract: The Kerr-McGee
Beebe Draw 41-5 Well and the Aristocrat Angus 41-5 Well operated by United States
Exploration ("USX"). The actual wellheads are not clearly identified on the plat and it is
difficult to determine the accuracy of the circular well setbacks. This is true for many of the
setbacks depicted on the Oil Well Layout Plats.
(b) Section 5 - SE/4NE/4
Kerr-McGee is unable to determine the correct lot layout and cannot determine
which of the proposed subdivision lots encroach on the oil and gas setbacks. The Oil Well
Layout Plat should be updated to reflect the current lot layout. Again, this problem exists
throughout the Oil Well Layout Plats.
(c) Section 5 - SW/4NE/4
The Beebe Draw Aristocrat 32-5 #2 well is operated by USX and is not
identified or labeled on the Oil Well Layout Plat.
Kerr-McGee's Beebe Draw 32-5 #9 Well depicted on this tract has been plugged
and abandoned and the production facilities have been removed from this site. The final plat
should retain a location for a potential future well.
(d) Section 5 - S/2NW/4
The flowline indicated on the Oil Well Layout Plat is not properly located. The
actual location cannot be determined until a physical inspection is conducted on this tract.
(e) Section 5 - SW/4
GDK\58698.01\427280.01
Weld County Department of Planning Services,
Attn: Monica Daniels-Mika, Director
November 19, 2002
Page 6
Kerr-McGee believes the flowline from the Kerr-McGee UPRR 39 Pan Am "F"
#1 Well heading North/Northeast is incorrect. This needs to be verified by a physical line
location and additional survey work.
COGCC Rule 318a. permits an additional well to be drilled in the center of the
SW/4. This drillsite should be reflected on the final plat.
(f) Section 5 - SE/4
Kerr-McGee has a potential future drilling location in the NW/4SE/4. This
drillsite should be reflected on the final plat.
The flowline from the Goodnow 16-5 Well to its tank battery near the Page 10-5
Well appears to be incorrectly platted. The actual location needs to be verified with a physical
inspection and additional survey work.
(g) Sections 5 and 9 — Gas Gathering Pipelines
Portions of Kerr-McGee's gas gathering pipelines (originally constructed by
RGSI) are not indicated on the plats for these sections. The plats fail to show the width, the
course or the source (including the recording data) of the pipeline easements. Kerr-McGee has
provided REI with copies of survey plats dated August 13, 1993, which identify these
gathering lines. We are happy to provide the County with copies if you wish.
(h) Section 9 - NW/4
The Oil Well Layout Plat does not provide for future drillsites to access Kerr-
McGee's rights in these lands.
(i) Section 9 - NE/4
The Oil Well Layout Plat does not provide for future drillsites to access Kerr-
McGee's rights in these lands.
(j) Section 9 - SW/4
The Oil Well Layout Plat does not provide for future drillsites to access Kerr-
McGee's rights in these lands.
O DK\5 8698.01\427280.01
Weld County Department of Planning Services,
Attn: Monica Daniels-Mika, Director
November 19, 2002
Page 7
(k) Section 9 - SE/4
The Oil Well Layout Plat does not provide for future drillsites to access Kerr-
McGee's rights in these lands.
(1) Section 17 - NE/4
The flowline is incorrectly shown on the Oil Well Layout Plat. The actual
location will need to be verified with a physical inspection and additional survey work. Well
setback dimensions are unclear.
(m) Section 17 - NW/4
In the NW/4NW/4 and SE/4NW/4, Kerr-McGee may want to twin the two
existing Patina wells. The final plat should include a setback dimension for these permitted
future drillsites. The plat should also include a drillsite and related setback for the permitted
well in the approximate center of the NW/4.
The Ken-McGee REI 3-17A well was drilled in the NE/4NW/4. This was a
twin of the Patina UPRC 17-3J located in the same tract, but no separate setback is identified
on the Oil Well Layout Plat.
(n) Section 17 - S/2
Kerr-McGee has the right to drill up to ten additional wells on these lands. The
final plat should reflect these potential drillsite locations and associated setbacks.
Conclusion
The plat proposed by the Applicant is defective for all of the foregoing reasons. Kerr-
McGee urges the Planning Commission to continue the hearing on this matter and defer
approval of the proposed plat until such time as the plat is redesigned and resubmitted to
address the deficiencies discussed above. In the interim, Kerr-McGee will continue to work
toward a comprehensive surface use agreement with the Applicant.
GDK\58698.01\427280.01
Weld County Department of Planning Services,
Attn: Monica Daniels-Mika, Director
November 19, 2002
Page 8
Sincerely,
G UCH KIRGIS LLP
G. Donohue Kane
GDK/jej
cc(via Fax): Chuck Carpenter (Attorney for REI, LLC)
Christine Hethcock (Gibraltar Equity Investments)
J. L. Walter (J. L. Walter Consultants)
Molly Sommerville, Esq. (Attorney for Anadarko)
Dave Padgett (Patina)
Shirley Kovar (UXP)
es` James P. Wason (Kerr-McGee)
Chris Greneaux (Kerr-McGee)
Scott Knutson (Kerr-McGee)
Jeffery R. Fiske, Esq. (Kerr-McGee)
GDK\58698.01\427280.01
PF-1Oaf
- - — .. ,
. 7 7, 2
MEMORANDUM 9: e?
To: Monica Daniels-Mika
From: Ken Poncelow ,CC°
Date: December 2, 2002
Subject: Pelican Lake Estates
Monica, I met with the developers of the Pelican Lake Estates and we discussed the
concerns the sheriff's office had. Please make the following changes to my memorandum.
Item#4 - The developers will be placing a map in the gate house of the development.
Item#10 - The developer has agreed to install traffic calming devices throughout the sub-
division to slow and control the flow of traffic. The sheriffs office is no longer
requesting side walks along all roadways. The developer will be marking
designated walking areas along road ways.
Item#11 - Do to federal regulations involving wet lands the sheriffs office is no longer
requesting fencing between the residences along the lake bank and the lake itself.
The developer is going to reduce the decline at the lakes bank especially at the
dock area. The developer will construct chain link fencing around all oil well
operations.
If you have any further questions, please call me.
r
[4 EXHIBIT
a
PF#iii
March 11, 2003
n , a 2: T5
To: Monica Daniels-Mika /
-r
Weld County Planning
From: Christine Hethcock
Beebe Draw Farms
RE: Beebe Draw Farms Filing No. 2 PUD Final Plat Submittal Issues
1. Item No. 1, Page 2- Oil and Gas Surface Use Agreement and delineation on a plat
map showing flow lines, pipelines, existing and future oil and gas facilities shall be
prepared for review by the Board of County Commissioners prior to scheduling the
Hearing for Final Plat. The intent of the 90-day clause was to prevent the Oil and Gas
Entities from holding up the Hearing, not for the developer to have this in final
preparation. This process is well under way, however; we are having difficulty
compromising on some important issues affecting our ability to develop the property.
2. Item 2-A, Page 2- SCHOOL & FIRE SITES- OK
3. Item 2-B,page 2 - TRAIL SYSTEM WASTE HANDLING PLAN to review.
4. Item 2-C & D, Page 2 - Phasing Plan for Lots, Amenities, and Taps Discussion.
There are going to be 14 Phases of approximately 30 lots each. Each Phase will
require water taps to be secured prior to building permits being issued. Each Phase
will also require an amenity to be built,unless an additional amenity was built prior to
the phase based on market needs. The Proposed Amenities to be built are as follows:
1. Riding/Walking Trails
2. Swimming Pool
3. Tennis Courts
4. Floating Docks and Mooring Balls
5. Improvements to Marina Area
6. Picnic Area
7. RV Storage Lot
8. Club House
9. Hay & Equipment Storage Building
10. Stables (First Phase as Needed)
11. Outdoor Arena
12. Dressage Area
13. Cross Country Course
14. Indoor Arena with office and riding school
5. Item 2-E, Page 2- MITIGATION PLAN- Being provided as separate Exhibit to
Review.
El EXHIBIT
N
Mc
6. Item 2-F, Page 3- RIGHT TO FARM COVENANT- OK
7. Item 2-G, page 3- Section 16, T3N, R65 W, which was included in Case AmZ-412
Discussion. REI no longer controls and has never owned Section 16. It is currently
owned by the State of Colorado. If this section is of concern to Weld County then the
best option is for the Board of County Commissioners to vacate it as it is not part of
REI's land. The Section is included in the Beebe Draw Farms Metropolitan Districts.
As to Section 15, no development will occur in this area and it will be designated
wildlife refuge with appropriate signage and limit access. Section 15 will be added to
Fining No. 2 as open space.
8. Items 2-H, I, J, K Page 3- These items are Construction Drawing (CD) issues and
will be addressed on the CD's. (Not Plat issues)
9. Item 2-L, Page 3- Mail Box and School Drop Off/Pick-up locations - A letter from
the School District will be obtained accepting these locations and specifications.
Evidence that the facility meets the intent of the ADA act is included on the
Landscape plans.
10. Item 2- M, Page 3- OIL AND GAS SURFACE USE AGREEMENT- See No. 1
above.
11. Item 2-N, Page 3- RE-VEGETATION PLAN- Being provided as separate Exhibit to
Review.
12. Item 2-O, Page 3- LANDSCAPE PLAN- OK
13. Item 2-P, Page 3- CALL BOX- OK
14. Item 2-Q, Page 3 - ENVIORNMENTAL BUFFER LOTS MEET SETBACK
REQUIREMENTS- This will be done on the CD's, (Not on Plat)
15. Item 2-R, Page 3- SIGNAGE INFO-All sign locations will be placed on the CD's,
not Plat
16. Item 2-S, Page 4 - LANDSCAPE LEGEND- OK
17. Item 2-T, Page 4 - SEED MIX AND LOCATION- OK
18. Item 2-U, Page 4 - REFINED LANDSCAPE PLANS- OK
19. Item 2-V, Page 4 - SEPTIC SYSTEM MAINTENANCE PLAN- Revised Document
provided for your review.
20. Item 2-W, Page 4, - MONITORING WELLS- Will be shown on CD's , not Plat
21. Item 2-X, Page 4 - ON SITE& OFF SITE IMPROVEMENTS AGREEMENT- OK
22. Item 2-Y, Page 4 - Should be removed, as no longer required per revised letter from
Sheriffs office.
23. Item 2-Z, Page 4 - FIRE HYDRANTS-A letter will be provided from the Fire
District approving the locations of fire hydrants. The fire hydrants will be delineated
on the CD's, not Plat.
24. Item 2-AA, BB, & CC-Page 4 - SPETIC SYSTEM MAINTENANCE
AGREEMENT- See#19 above.
NOTES TO THE PLAT- (Beginning on Page 4, Called out as No. 2 A-R)
A- Note will be added to CD's, (Not Plat)that a number of lots contain low areas
.....Grading on individual lots must not adversely affect neighboring properties.
B- Regarding Oil and Gas service trucks having access to subdivision roads for
maintenance and service will be part of Surface and Use Agreement.
C- Note to Plat will be made regarding Site Plan Review requirements for Amenities.
D- OK (25' Utility Easement will be shown on all lots,tracts, and open space)
E- OK (25' Utility Easement will be shown for County Road ROW
F- Traffic Control Sign Locations will be shown on pages 11-15 of 72 on CD's and
approved by Weld County Public Works (NOT ON PLAT)
G- OK ( 15' ROW adjacent to WCR 39 will be shown on Plat)
H- CD's page 3 of 72, will show Typical Cross Section Design (Not on Plat)
I- The CD's are being modified to reflect 50' radius from edge of pavement to edge of
pavement.
J- OK(Utility Easement in Buffer set back areas)
K- Plat is being modified to show 25' Utility easement between Filing No.1 and Filing
No. 2.
L- Plat is being modified to show additional 10' ROW adjacent to WCR 32.
NOTES TO THE PLAT CONTINUED- (Beginning on Page 4, Called out as No. 2
A=R)
M- OK- (Environmental Buffer Zones are delineated on plat)
N- OK- (CD's address water conveyance in unlined ditches)
0- Note will be made on Plat regarding maintenance of all drainage facilities will be the
responsibility of the Metropolitan District
P- Note will be put on Plat regarding landscaping sight distance triangles will be less
than 3.5 feet at maturity.
Q- The list of Amenities that will be completed with Filing No. 2 will be listed on the
Plat, but not tied to a specific phase.
R- A note will be added to Plat regarding septic system.
PUD FINAL PLAN DEVELOPMENT STANDARDS
1. OK
2. Subdivision Sign with addresses and roadway presentation will be placed in Entry
House. No maintenance plan is necessary, as this sign will be inside the building.
3. REMOVE- No longer required per revised Weld County Sheriffs letter
4. OK
5. REMOVE-No longer required per revised Weld County Sheriffs letter
6. OK
7. OK
8. OK
9. OK
10. OK
11. OK
12. OK
13. OK
14. OK
15. OK
16. OK
17. OK
18. OK
19. OK
20. Problem with wording- The Covenants will be amended and all UNSOLD lots at
time of recording will be required to be under Metro District Septic System
Maintenance Plan control.
21. OK
22. OK
23. OK
24. OK
25. OK
26. OK
r- SITE PLAN REVIEW
1. LIGHTING PLAN- A lighting plan will be provided for any amenities requiring
lighting. There are no public amenities, all amenities are for private use of Pelican
Lake owners, their families and their guests.
2. OK
3. OK
4. OK
5. OK
6. OK
7. OK
8. OK
9. OK
10. OK
11. OK
12. OK
13. Not for public use.
14. The oil and gas facility set backs will be noted on Plat.
15. OK
16. REMOVE-No longer required by Weld County Sheriffs Department
17. OK
18. DOES NOT EXIST
19. Dockmaster Building does not exist, however, if built, no permanent overnight
housing will be allowed.
20. The septic system envelope for the clubhouse will be located a minimum of 200 feet
from Milton Reservoir. A plot map will be provided at time of Site Plan Review.
46( � MEMORANDUM
35
Wi`k TO: Monica Mika, Director �'j 2`
COLORADO DATE: March 13, 2003
FROM: Kim Ogle, Planner III
SUBJECT: PF-1021, Proposed Re-Vegetation Plan
Beebe Draw Farms and Equestrian Center PUD
aka Pelican Lake Ranch PUD
The Department of Planning Services has reviewed the proposed re-vegetation plan submitted
by the applicant's representative to this office on March 10, 2003. The Plan reviewed was a
typed single page written statement. Staff has the following comments:
Item 1 addresses the re-seeding and straw mulching of all disturbed areas due to construction
of the public facilities and pavement for the newly constructed streets. Areas with grades
greater than two percent are also affected.
Per the one page plan, the right-of-way area will be planted in native and/or drought tolerant
grasses. Future correspondence shall identify the species of grass seed mix and whether the
mix is to be drilled or broadcast for installation. Further, Weld County Government has adopted
a Stormwater Management Plan, this plan shall be adhered to at all times during construction of
this development Filing.
Item 2 addresses the seed mix.
As previously stated, future correspondence shall identify the species of grass seed mix and
whether the mix is to be drilled or broadcast for installation. Additionally, staff has concerns
with the selection of the native grasses and the potential for noxious weeds to gain a foothold
and establish themselves within the right-of-way areas. Future correspondence shall identify the
proposed management plan for the right-of-way areas, particularly given the close proximity of
the agricultural production lands surrounding this development.
Item 3 addresses the management of the right-of-way.
All comments previously identified in Item 1 and Item 2 remain applicable.
Item 4 addresses drainageway plants and their management.
Staff directs the applicant to review the statement provided for Item 2 as this statement is
applicable to Item 4. Further, per the Weld County Code, annual, biennial or perennial plants
and propagated grasses that reach a height of twelve inches in height or greater are considered
a noxious condition and appropriate action shall be taken. This action may include a regular
mowing and maintenance schedule and/ or a Weed Management Plan, prepared and
administered in conjunction with Ron Broda, Weed Management Specialist, with the
r Department of Public Works. The Weld County Code states " Should noxious weeds exist on
the property or become established as a result of the proposed development the
4 EXHIBIT
1
ff
applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter
15, Articles I and II."
Item 5 addresses grasses and plants within easements on private property.
As previously stated, future correspondence shall identify the species of grass seed mix and
whether the mix is to be drilled or broadcast for installation. Additionally, staff has concerns
with the selection of the native grasses and the potential for noxious weeds to gain a foothold
and establish themselves within the right-of-way and easement areas. Future correspondence
shall identify the proposed management plan for the right-of-way and easement areas,
particularly given the close proximity of the agricultural production lands surrounding this
development.
End Memorandum
PROPOSED RE-VEGETATION PLAN
1. Within 14 days of the completion of pavement surfacing of newly constructed
streets in any one Phase/ the Beebe Draw Farms Metropolitan District shall
complete, or cause to be completed, the re-seeding and straw mulching of all
disturbed areas due to the construction of public facilities. This shall include
street right-of-way, utility easements, detention ponds and drainage ditches.
Ditch slopes greater than 2% in grade shall be controlled by use of erosion
control devices, including straw bales, silt fence. and riprap.
2. All varieties of seed included in the seed mix shall be oriented towards
producing a drought tolerant plant or cover crop that will enhance the growth of
another plant that may require initial cover to become established.
3. Each year, the seeded areas shall be evaluated for plant growth. As the plants
reach a height of approximately 16", the roadside grasses shall be mowed back
to a height of approximately 4" to 6". As required, to insure the necessary
density of plants in a particular area, re-seeding shall occur until a satisfactory
stand of plants have been established.
4. Within drainage facilities, grasses will be mowed if there are varieties that reach
a height of 24" or more and are prolific enough to warrant mowing. Otherwise,
these plants will be used to guard against wind and water erosion.
5. Grasses and plants within easements fall under the maintenance of individual
lot owners and shall be maintained per covenants.
....a LU in 2• 7J
-fir
TRAIL SYSTEM WASTE HANDLIM&PLAN
1. The Metropolitan District will contract with a Trail System Inspector.
2. The Trail System Inspector will ride the trails and monitor them for manure,
mowing, erosion and general maintenance needs.
3. The Trail System Inspector will keep a monthly report of the specific
maintenance needs of the trails.
4. The Trial System Inspector will report maintenance needs to the Metropolitan
District Board monthly.
5. The Metropolitan District Board will authorize the Trail System Inspector to
contact vendors to perform services to remedy the maintenance needs.
6. Manure will be mulched by mowing whenever possible. Mulching will add
composting matter to fragile landscape. When mulching is not possible,
manure will be picked up and hauled to the dump.
7. The Trail System will be mowed as growing conditions demand and will be
mowed at least two times annually.
8. Should the Trail System Inspector and the Metropolitan District Board
determine that erosion control is necessary in some areas, contracted services
will be retained to remedy the specific needs.
9. Manure piles will not be allowed to exist or deteriorate to a condition that
facilitates excessive odors, flies, insect pests or pollutant runoff.
10.The Trail System Inspector and the Metropolitan District Board will inspect all
the trails annually to insure a safe and environmentally sound trail system being
maintained. EXHIBIT
El c.7-
fFo/ow
Weld County Planning Department
GREELEY OFFICE
FEB 2 6 2003
Interoffice Memo . ; �_ - RECEIVED
*Snip-,
4, ® iy To: Monica Mika-Daniels i )C�
r• oe co'o)~9`'') From: David Tuttle J - J-1-)
eow Date: February 21, 2003
Re: Beebe Draw Farms Filing No. 2 Recommendations (Case # PF-1)
A meeting was held with the Developer of Beebe Draw Farms and the issues in our first letter were
addressed. This letter is a revised letter of recommendations for the 2nd Filing of Beebe Draw Farms:
The Sheriffs Office has reviewed the plans and approves the placement for school bus pickup. They
appear to allow for safe loading and unloading of children outside of the main roadways.
The mail distribution and drop off locations are approved.
The street names have been submitted and reviewed for duplication within the county and are hereby
approved.
A subdivision sign denoting the addresses and a graphical presentation of the roadways should be placed
in the Gate House at the entry.
The oil and gas wells within the subdivision need to be fenced in order to mitigate tampering.
All of the roadways except the road through Outlot A will be adopted by the county. The roadways that are
not adopted by the county will have limited traffic enforcement powers by the Sheriff.
The Sheriff's Office is supportive of homeowner funded homeowners associations and appreciates having
a contact. The contact for Beebe Draw Farms Property Owners Association is Dennis Gronbeck at
Hammersmith Management, 2535 S. Wadsworth Blvd, Lakewood, CO 80227. Phone 303/980-0700; Fax
303/980-0576.
The Sheriff's Office appreciates the use of the Gate House and the cooperation of the developers.
= EXHIBIT
fC.
pG$ia.7a
J L Walter Consulting
114 E.5th Street
Loveland,CO 80537
(970)613-2037 2 i 11 2` �
FAX (970) 203-1147
January 27, 2003
Beebe Draw Farms Metropolitan District
3600 S. Logan St., Suite 200
Englewood, CO 80110
RE: Revisions to Sewer Management Program
Gentlefolk:
Upon review of the Weld County Health Department recommendations for review of Filing
Two, we feel that the management proposal made by our fine should be restructured so as to
become an integral part of the submittal. This is in response to their recommendation that it be
filed and recorded with the Service Plan Addendum. In this way,the management program is set
forth independent of any specific management entity, and you would not be legally bound solely
to our firm for life.
While we look forward to serving the District's needs in this regard, we feel that making our
proposal part of the approval would unfairly restrict the District to using only our firm even if we
were someday found to be providing substandard service. We wish to assure you that we have
every intent of providing this accessory service. However, in all fairness, the choice of service
provider should be at the discretion of the District.
A copy of this letter will be provided to the Weld County Health Department, along with the
attached revised Sewer Management Program document, for their review and approval as well.
Sincerely,
JL Walter Consulting
3Lk-3. s-lam
JL Walter
cc: Pam Smith, Weld County Health Department
Enclosure
= EXHIBIT
L
pp taw
•
August 1, 2002
Beebe Draw Farms Metropolitan District
3600 S. Logan St. Suite 200
Englewood, CO 80110
SEWER MANAGEMENT PROGRAM
The Metropolitan District will provide a continuing management and maintenance program for
the septic systems to be used to serve the homes within the Beebe Draw subdivision. This shall
become a condition of approval for Filing Two and be retroactive to include lots in Filing One,
except those systems completed to date, should the County Commissioners require.
Beebe Draw Farms Metropolitan District will provide the septic system maintenance program
detailed herein in accordance with the Weld County Final Plat approval requirements for Filing
Two.
The scope of services to be provided, as well as some general necessary responsibilities of the
Metropolitan District and the individual homeowner, is defined within the following items of
work with the estimated cost relating to each. This includes design, basic inspection and
sampling of all septic systems in the subdivision to meet Weld County requirements as well as
the administration of the additional work items listed below. Any actual maintenance, pump and
field repairs, or construction of the septic system and appurtenances shall be contracted for and
paid for directly by the homeowner via the Metropolitan District, as discussed herein.
To properly maintain the septic systems in the Beebe Draw subdivision, the following duties will
be established on a regular schedule:
1. Design and Installation
a) Each lot shall require a septic system design, per the standards set in consultation with the
Weld County Health Department, by a Colorado Registered Professional Engineer, prior
to construction. Information will be provided by the lot owner regarding house size,
number of bedrooms, as well as any other factors that may apply in sizing the septic
system. A site/grading plan for the lot will also be provided by the lot owner in order to
determine the proper location of the septic system. A copy of this plan will be
maintained on file for reference to septic tank and filter field location.
b) Prior to the date of occupancy, and before the septic system is covered over with topsoil,
each septic system will be inspected by or under the direct supervision of a Colorado
1
Registered Professional Engineer, to ensure proper construction and size. This inspection
is in addition to inspections normally required and performed by the Weld County Health
Department.
c) Within fourteen (14) days of the date of occupancy, a letter will be sent to the lot owner
notifying him/her of any and all standards pertaining to the proper maintenance of the
septic system, as well as a typical schedule for septic system inspection and pumping.
Emergency phone numbers will also be included.
d) Septic system design and inspection will be provided, estimated to cost $600.00% which
is the responsibility of the lot owner.
2. Septic System Inspection
a) Inspections will be conducted once a year for each lot. Each inspection will include a
measurement of the scum level and the sludge level in the septic tank, per the guidelines
set by the U.S. Public Health Service. See the attached report for a complete example of
the data to be collected.
b) The field surface area will also be checked for any saturation. If there are signs of surface
area saturation or if the scum and sludge levels are twelve inches or less in difference,
arrangements will be made for the tank to be pumped as soon as possible, regardless of
the regular pumping schedule. See the attached report for a complete example of the data
to be collected.
c) Each inspection is estimated to take 1'h hours to complete, including travel time to and
from the site.
d) Each inspection is estimated to cost $30.00t per hour, to be paid by the Metropolitan
District.
e) Any field alterations or repairs indicated by an inspection will be charged to the
individual lot owner.
3. Septic Tank Pumping
a) A regular pumping schedule will be established whereby each septic tank is pumped
approximately once every four years. See the attached report of a complete example of
the data to be collected. Additionally, upon change of ownership of homes, tanks will be
pumped, if not within 6 months of previous pumping.
b) If a tank should need to be pumped before the scheduled date, the next approximate
pumping date will be set four years from that date.
2
c) A pumping company will be contracted to be on call, as well as scheduled for regular
pumping.
d) After each pumping, bacterial starter will be added to the septic tank to jumpstart the
septic tank environment.
e) After each pumping, anti-antibacterial solution will be added to the septic tank to prevent
antibacterial soaps and solutions from unbalancing the septic system.
f) Each pumping will be provided at a cost estimated to be $300.001, paid by the
Metropolitan District.
g) A member of the maintenance staff will monitor each pumping. Each pumping is
estimated to take 11/2 hours, including travel time to and from the site. This service will
be provided at an estimated cost of $30.00' per hour, to be paid by the Metropolitan
District.
4. Random Toxicity Checks
a) Between five (5) and ten (10) random toxicity checks will be made each year on septic
systems throughout the subdivision in accordance with currently acceptable collection
and test methods for the chosen parameters. If the maintenance staff notices any signs of
toxic materials on any lot, that lot will automatically be subject to a toxicity check.
Otherwise, lots will be tested at random.
b) All toxicity checks require that a sample be taken from the septic tank and sent to a
predetermined testing facility. See the attached report for a complete example of the data
to be collected.
c) Each sample will be collected by a member of the maintenance staff in accordance with
Weld County Health Department requirements. Each sampling is estimated to take one
(1) hour to complete, including travel time to and from the site. This service is estimated
to cost $30.00 per hour.
d) Each test is estimated to cost $200.00t, paid by the Metropolitan District.
5. Monitoring Well Testing
a) A yearly inspection of the eight (8) monitoring wells to be located within the subdivision
will be required. Each inspection will entail drawing a sample of water from the
monitoring wells and sending them to a predetermined testing facility in accordance with
currently acceptable collection and test methods for the chosen parameters. See the
attached report for a complete example of the data to be collected.
3
b) If the report indicates that the level of contaminants have increased since the last
sampling period, an additional test will be taken. If this sample confirms the first sample,
additional monitoring wells (minimum 3) will be established in concurrence with the
Health Department. Sampling and installation of additional monitoring wells will
continue until the source of the contamination is identified. Once a specific source is
identified, corrective measures shall be taken by the Metropolitan District to eliminate the
source. If the source is of a general nature due to the number of septic systems at that
time, building construction shall cease until an alternative treatment system is
determined.
c) Each sample will be collected by a member of the maintenance staff in accordance with
Weld County Health Department requirements. Each sampling is estimated to take one
(1) hour, including travel time to and from the site. This service will be provided at
$30.00 per hour.
d) Each test is estimated to cost $50.001, paid by the Metropolitan District.
6. Materials
a) A minimum of two (2) spare sewage lift pumps will be kept on-site at all times. If a
pump needs to be replaced, the Metropolitan District will provide it from stock, and
another spare pump will be purchased. The Metropolitan District will then pass the cost
of the pump and its installation on to the lot owner.
b) A minimum of one (1) box of bacterial starter will be kept on hand at all times. Each box
is estimated to cost $125.001 and contains 12 bags of starter material. Each time a septic
tank is pumped, one half of one bag will be placed inside the tank. The Metropolitan
District will supply this material.
Note: Once the Equine Center is built and being used, horse manure may be used in
place of packaged bacterial starter, at the discretion of the supervising engineer.
c) A minimum of one (1) bottle of an anti-antibacterial solution will be kept on-site at all
times. Each 32 ounce bottle is estimated to cost $25.001. Each time a septic tank is
pumped, two capfuls of solution will be added to the tank. Each bottle contains enough
solution to treat approximately sixty (60) septic tanks. The Metropolitan District will
supply this material.
d) A minimum of one (1) bolt of terry cloth will be kept on-site at all times. Each bolt is
estimated to cost $30.001 and contains 13 yards of cloth. Each bolt contains enough terry
cloth for approximately 130 inspections. The Metropolitan District will supply this
material.
e) All monitoring well toxicity testing materials will be supplied by a predetermined testing
facility, and are included in the testing cost.
4
r
7. Recording and Reporting
a) All data collected will be recorded electronically in a database, as well as in hardcopy.
b) Each month, a report of all septic system information collected will be sent to the County,
the Metropolitan District, and all owners of lots included in the report. Each report will
include the data collected during the yearly septic system inspections and the next
scheduled pumping date for all corresponding lots.
c) Each year, a report of all monitoring well inspections and septic system toxicity checks
will be sent to the County and the Metropolitan District's file. These reports will include
all the data taken at the time of sampling, as well as all test results returned by a
predetermined testing facility.
d) In the event of a change of ownership of any lot in the subdivision, the Metropolitan
District will update its records as well as perform any necessary duties involved in a
change of ownership.
r
8. Homeowner Responsibility
a) Any noted non-cooperation by a homeowner in regards to the rules and procedures
established by the Metropolitan District and approved by the Health Department shall be
immediately reported to the Health Department and may require such measures as
property liens, which are legally enforceable by the District.
b) In the case of a septic system failure, the homeowner will be responsible for the
reconstruction of the filter field. This entails removing the topsoil from above the filter
field, removing all pipes, and removing the top three inches (3") of the sand filter. New
sand may be put in place of the removed filter sand. Once this is done, the pipes and the
topsoil will be returned above the filter field. Removal of the sand filter and the resetting
of the pipes will require an inspection by the supervising engineer. Any costs incurred in
the reconstruction of a filter field will be the responsibility of the homeowner.
Contractual arrangements will be made under the auspices of the District. Permits must
be obtained from the Weld County Department of Public Health and Environment for all
new, repair, alterations and/or expanded septic systems. The Weld County Department
of Public Health and Environment has final approval of all plans.
5
9. Cost Breakdown (per year at full build-out)t
Item Direct Cost to Homeowner Cost to Metropolitan District
1. Design and Installation $600.00 $ 0.00
2. Septic System Inspection *587 lots x 1.5 hrs. each= 895.5 hrs x $30.00 per hour=
$ 0.00 $26,415.00
3. Septic Tank Pumping *587 lots/4 years= 150 pumps x $300.00 per pump =
$ 0.00 $45,000.00
150 pumps x 1 V2 hrs per pump=225 hrs x $30.00 per hour=
$ 6,750.00
4. Random Toxicity Checks 10 tests per year x $200.00 per test=
$ 0.00 $ 2,000.00
10 hours of sampling x $30.00 per hour=
$ 300.00
5. Monitoring Well Testing 8 tests per year x $37.40 per test
$ 0.00 $ 300.00
16 hours of sampling x $30.00 per hour=
$ 480.00
6. Materials
Bacterial Starter 7 boxes per year x $125.00=
$ 0.00 $ 875.00
Anti-antibacterial Solution 2.5 bottles per year x $25.00 =
$ 0.00 $ 62.50
Terry Cloth *587 lots/130 inspections per bolt=4.60 bolts x $30.00 per bolt=
$ 0.00 $ 140.00
7. Reimbursable Expenses (Estimated) $3,860.50
Postage at cost
Mileage 35 cents per mile
Reproduction at cost
Totals: $86,183.00
587 lots
$ 146.82 per lot
12 months/year
$12.00 per lot per month
t Please note that all dollar amounts in this proposal are in today's dollars. They are
subject to change in the future.
6
*Actual number of lots affected by this proposal depends upon final approval of Weld
County Commissioners, and upon number of already occupied homes in Filing I which
desire to be included.
All of the above services will be provided to the District's member lots at an estimated monthly
cost of$12.00. However, at the present time there are some 26 lots occupied, each with a septic
system in service, which was not necessarily constructed according to the guidelines proposed
for all future construction. Existing homeowners in Filing One will have the option to be
provided with this service or not, but currently undeveloped lots in Filing One will be subject to
this agreement along with all lots in Filing Two. Initially, determination will have to be made as
to what additional efforts will be needed to bring those existing systems who so choose up to the
needed monitoring standard. This may include installation of monitoring risers over the tank
portals and monitoring tubes in the filter or leach beds. Cost of installation of these features will
need to be borne by the District for these initial systems. It is estimated that those costs may run
about$1000 to $1200 per lot, for the lots whose septic tanks do not have risers to the surface, or
monitor tubes in the fields.
Systems installed to serve all anticipated public facilities included in the Homeowner's
Association within the Metropolitan District, such as the community building, marina, etc., will
receive the same level of supervision as individual lots. Cost incurred will be paid by the
District. Facilities, which may be constructed in the area under the jurisdiction of other public
entities, such as schools, fire stations and the like are not deemed subject to this Sewer
Management Program.
The responsibilities listed above will be overseen by a supervising engineer, a Colorado Licensed
Professional Engineer, who will be acting as a consultant and offering professional advice in all
aspects of this project.
Note: Examples of the various Inspection and Report forms to be used are attached hereto.
7
Septic Tank Inspection Form
Inspector Name: Date:
Time:
Lot Number:
Sludge Reading:
Scum Reading:
Is the ground above the filter field saturated? Yes/No
Comments:
Location and size of saturated area:
Level of saturated area relative to remainder of bed:
Appearance of surface flora:
Presence of alkali, etc.:
Septic Tank Pumping Form
Inspector Name: Date:
Time:
Lot Number:
Pumping Company:
Pumping Employee:
Comments:
Were both compartments evacuated?
Was anti-antibacterial starter agent added to first compartment?
Toxicity Sample Form
Collector Name: Date:
Time:
Lot Number:
Comments:
Nature of toxicity suspicion—
(oil slick on surface, smell, etc.)
Testing Facility:
Delivery Date:
Results: See attached Laboratory Report
Monitoring Well Sampling Form
Collector Name: Date:
Time:
Well Number:
Is water present in the well? Yes/No
Comments:
Depth of water surface:
Size of sample (vol.):
Temperature of sample:
Testing Facility:
Delivery Date:
Results: See attached Laboratory Report
Septic Tank Inspection Report (Example)
January 2OO2
Lot Number: 132 Inspector Name: Cameron Walter
Lot Owner: John Doe Inspection Date: 1/15/02
Address: 16471 Essex Road South Inspection Time: 1:30 PM
Ambient Temp: 45° F
Material Level in Tank: 35.0" Next Inspection Date: ± 1/15/03
Scum Level Reading: 8.5"
Sludge Level Reading: 4.3" Last Pumping Date : 1/22/01
Difference: 22.2" Next Pumping Date : f 1/22/05
Ground above the filter field was not saturated.
Lot Number: 44 Inspector Name: Cameron Walter
Lot Owner: John Doe Inspection Date: 1/17/02
Address: 16502 Badminton Road North Inspection Time: 10:15 AM
Ambient Temp: 29° F
Material Level in Tank: 25.0" Next Inspection Date: ± 1/17/03
Scum Level Reading: 9.1"
Sludge Level Reading: 5.2" Last Pumping Date : 1/4/00
Difference: 10.7"* Next Pumping Date: ± 1/4/04
Ground above the filter field was not saturated.
*MATERIAL DIFFERENCE HAS REACHED CRITICAL POINT. EARLY
PUMPING IS REQUIRED.
Lot Number: 171 Inspector Name: Cameron Walter
Lot Owner: Jane Doe Inspection Date: 1/17/02
Address: 16495 Stoneleigh Road South 1 Inspection Time: 2:00 PM
Ambient Temp: 34° F
Material Level in Tank: 39.3" Next Inspection Date: t 1/17/03
Scum Level Reading: 4.5"
Sludge Level Reading: 8.2" Last Pumping Date : 1/10/02
Difference: 26.6" Next Pumping Date: ± 1/10/06
Ground above the filter field was not saturated.
r^-•
f1
i
r''`•
From: "Gary D"<fishman53@direcway.com>
To: <charding@co.weld.co.us> :,t
Date: 5/2/03 8:01 AM `V ' t,.`j (: 5 7
Dear Commissioners RFC
I am a resident of Pelican Lake Ranch and would like you to consider a few things during your upcoming
meeting regarding approval for further development at Pelican Lake Ranch. (Which I believe is scheduled
for May 28th)
As I'm sure you are already aware, there have been many promises made and many promises broken by
the developer and or their marketing agency. I personally was told by their marketing person Kent Colbern
that the development was to include a clubhouse and swimming pool, a fishing and swimming lake, a
marina, a boat dock, and eventually stables. As of this writing the only one of these that has been at least
partially done is the boat dock and I purchased my property based on these amenities about two years
ago. I have written to the dept of wildlife regarding fishing in Milton Reservoir and their response was"if
the water is so poor that even carp can't live in it"then it will never be a game fishery. They also went on to
say that the water had aviary botulism and it was not recommended for swimming. Before we bought the
property we asked Kent Colbern about what would happen if the developers decide not to build the pool
for whatever reason. His response was that all of the money had already been set aside and there would
not be any problem. How naive of me to believe that one.
Due to the fact that the vast majority of homeowners feel lied to and betrayed about these amenities I feel
that it would be appropriate for you to consider tying the completion of these amenities into the approval of
future development at PLR. I personally would like to see no further growth until the swimming pool and
clubhouse have been completed and some progress made toward the development of a fishing lake,
which I might add,was still being advertised as an amenitie as of about a month ago even though they are
well aware that there is no fishing lake at PLR now or ever will be.
Thank You
Gary Doering
16512 Essex Rd N
Platteville CO 80651
970-785-2091
(4.r^
EXHIBIT
m
PF4t/ozl
I `t
:'3 C`:'f 23 t.i 7: 51
November 12, 2002
To: Weld County Department of Planning Services
1555 N. 7th Avenue
Greeley, Colorado 80631
Board of County Commissioners
1115 10th Street—Third Floor
Greeley, Colorado 80631
From: Jane Evans Cornelius
Coyote Ridge Ranch
18300 Weld County Road 43
r LaSalle, Colorado 80645
Re: Beebe Draw Farms / REI, LLC
Second Filing — Case PF-1021
I strongly object to the request for 406 additional lots in the Pelican Lake Subdivision and
urge county staff and commissioners to reject the proposal. Further build-out will lead to
environmental degradation and will endanger residents due to inadequate services.
The development also epitomizes the suburban sprawl that has become the bane of smart
and responsible planners nationwide. As proposed, the huge subdivision would be bigger
than the towns of Platteville and LaSalle. Yet it is many miles from regular and even
necessary - city services. Not only would the development overtax infrastructure such as
roads, it is completely incompatible with its agricultural setting.
Simply put, a housing development of this magnitude is not suited to the proposed site in
rural Weld County.
Here are some specific concerns:
• Septic systems in the development involve leach fields in highly porous sand. Waste will
leach into and contaminate the water table, area wetlands, Milton Reservoir, feeder
canals for Farmers Reservoir and Irrigation Company (FRICO) and domestic wells on
area ranches. Having the "Metropolitan District"which is controlled by the developer
'e—• monitor septic systems is asking the fox to guard the chickens
I IxHusit
4
• Further development will degrade fragile sandhills, causing wind erosion and creating a
Sahara-like sandbox. The damage from some 30 -40 homes already is dramatically
evident. On windy days —and there are many— blowing sand fills the air and covers
nearby roads. Such degradation surely has a negative impact on rich plant and wildlife
populations.
• The impact of continuous overgrazing on small horse lots in the fragile sandhills ecosystem
will be devastating to agricultural neighbors by spawning erosion and serious noxious-
weed problem.
• Rural services such as schools, fire protection and law enforcement are inadequate for a
huge subdivision. To illustrate, a recent lightning strike sparked a small wildfire near
the subdivision, and it took local authorities almost an hour to reach the blaze. The
results could be catastrophic if a strike were to occur near hundreds of homesites on a
typically windy day.
• Schools in Platteville, Gilcrest and Kersey are crowded and budgets tight. Some
concerned parents are driving students to high school in Johnstown to avoid
overcrowded conditions. 406 additional homes would cause an increase in students of
approximately 800-900 children thereby doubling and tripling the size of existing
schools.
• The subdivision is surrounded by active oil and gas wells, which include volatile tank
batteries. Lightning recently hit a tank battery near Platteville, causing an explosion
and raging fire. Again, such a scenario would pose a significant danger and potential
liability to the county if the fire occurred near hundreds of homesites rather than in a
deserted cornfield. Continual traffic of heavy equipment servicing these wells, frac
wells and drilling new wells would pose a significant danger to a large population.
• Roads surrounding the subdivision are designed for and are commonly used by farm
vehicles—tractors, farm machinery, loaded hay trucks and wagons, silage and grain
trucks, and oil and gas field equipment. This slow-moving equipment is incompatible
with the steady stream of commuters and residential traffic that would accompany the
proposed development. Weld County has had the highest number of annual traffic
fatalities in the state, and the number of serious accidents is sure to climb with
the additional traffic on rural roads._
• According to the developer's documents submitted with application for substantial change
hearing in December 2001 (Docket#2001-88) decrease in lots from 536 (per original
application denied 9/00) to 419 would decrease traffic an average of 1,000 vehicles per
day. If the developer's statistics are accurate then an increase in lots of 406 would
INCREASE vehicles over 4,000 per day. Our rural roads can not safely stand that
increase in traffic.
• The subdivision sits amid farms and ranches. While "Right to Farm" policies address
potential conflicts between agriculturists and suburban newcomers, most transplants
are not prepared for the realities of living near farms and ranches with daily operations
that newcomers often view as dangerous and offensive. The result is a hostile
environment and the rapid decline of agricultural business. Residents of the Pelican
Lake Subdivision could encounter odors from a large dairy to the south and a large
feedlot to the northeast; aerial spraying of herbicides and pesticides is commonplace
on nearby fields. How will the county respond to complaints, and what impositions will
established farmers and ranchers face?
• Suburban sprawl is a well-documented threat to the farming culture, which already is
battered by a failing agricultural economy. Agriculture has a proud heritage in Weld
County and has led to its reputation as the state's bread basket. And rural Weld
County—the seat of this agriculture— is not the appropriate place for the kind of vast
subdivisions that line the Front Range. Weld County's growth should be well managed
so that is makes sense for all county residents.
The new planning guidelines recently proposed by a volunteer task force and adopted by
the Board of County Commissioners recommends that growth take place in areas where
services are available. This subdivision is a clear violation of those guidelines.
Thank you,
Jane Evans Cornelius
0",
‘atScril MEMORANDUM
W I . To: BoCC
COLORADO From: Monica Daniels-Mika
Subject: Continuance for Beebe Draw, PF-1021
Date: May 21, 2003
This case, PF-1021 was approved with conditions by the Planning Commission on November
19, 2002.
Christine Hethcock, Development Manager, REI, LLC, has requested that PF-1021 be
continued for at least sixty (60) days to allow the applicants additional time to address the oil,
gas and mineral issues associated with the site. The Department of Planning Services concurs
with this request and recommends that this case be continued until August 6, 2003.
M:\WPFILES\Donita\Monica\beebe draw continuance.wpd
4 EXHIBIT
d
*IOW
SERVICE,TEAMWORK,INTEGRITY,QUALITY
REI, LLC and Beebe Draw Farms, dba, Pelican Lake Ranch
C/o Christine Hethcock weld - 'a-L ar.ment
FiaE
3600 S. Logan, Suite 200 GPM F ���
Englewood, CO 80110 MAY 2 0 2003
(303) 333-6000 Fax (303) 333-7278 R E cr t L _
D
May 19, 2003
Board of County Commissioners of Weld County
P.O. Box 758
Greeley, CO 80632
RE: REQUEST CONTINUANCE FO DOCKET NO. 2003-29 SITE DEVELOPMENT
PLAN AND PLANNED UNIT DEVELOPMENT FINAL PLAN PF#1021, FOR THE
SECOND FILING OF BEEBE DRAW FARMS FOR 406 LOTS
REI, LLC hereby requests a continuance of the hearing for the Second Filing of Beebe
Draw Farms (PF#1021) for an unspecified time to continue working on an agreement
with the mineral owners on the property. We anticipate a rehearing in approximately 60
days.
Thank you for your consideration and time.
Sincerely,
Christine Hethcock
Development Manager, REI, LLC
r
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ESTHER Gesick Fw: from Whit Sibley re. Beebe Draw/Pelican Lake Page 1
From: "Christine Hethcock" <Christine@gibraltarequity.com>
To: "Steve Thurston" <SThurstCPA@aol.com>, "SHERRI WHEELER"
<SWHEELER@thegroupinc.com>, "Sandy Adkins" <gadkinsam@starband.net>, "MONICA Mika"
<MMIKA@co.weld.co.us>, "Matt Delich" <mdelich@frii.com>, "Lynne Shelton"
<Ishelton@hammersmithmanagement.com>, "Kim DeLancey" <kimdelancey@gibraltarequity.com>, "Kent
Colburn" <kentcolburn@aol.com>, "JL Walter" <jlwconsulting@cs.com>, "Jackie Johnson"
<jjohnson@wobb-Ilp.com>, "J.D. Finley" <JFinley@PHILLIPSTOBER.com>, "Don Elliott"
<dpelliott@aol.com>, "Dave Shupe"<oldershupe@aol.com>, "Dave Clinger"
<davidclinger@dclinger.com>, "Daniel R. Sheldon"<dsheldon@gibraltarequity.com>, "Dan Sheldon"
<dsheldon3821 @yahoo.com>, "Chuck Carpenter"<chcarpen@du.edu>, "Bruce Kelley"
<brucekelley@coloradocontainer.com>, "Alicia Rigli" <arigli@milestone-eng.net>, "Alan"
<alandicke@mho.com>
Date: 7/17/03 4:17PM
Subject: Fw:from Whit Sibley re. Beebe Draw/Pelican Lake
m1
Original Message
From: "WHIT" <ws1047@comcast.net>
To: <AHundley@GreeleyTrib.com>
Sent: Thursday, July 17, 2003 2:12 PM
Subject:from Whit Sibley re. Beebe Draw/Pelican Lake
v
Annie,
Many thanks for returning my phone call. As I explained, I am handling
communications/public relations for Beebe Draw Farms Metro District.
Since publication of your June 25 article, a number of things have
happened with reference to Beebe Draw and Pelican Lake Ranch.
Primarily, I believe the District has attempted to better inform the
community regarding the District's operations and has reached out to
better listen to what the community has to say.
As the following release notes, the Board has appointed Pelican Lake
Ranch resident Brian Madison as the District's first resident Board
member. Brian assured me he would be available to talk with you at
your convenience, and can be reached either at work(303)655-4545, or
at home (303)785-2348.
I also suggest that Sandy Adkins, homeowner association Board member
(970)785-6242, and Pelican Lake resident Donna Harr(970)785-6480,
would be good contacts for the follow-up article you indicated you are
planning.
You said you already have contact numbers for Beebe Draw Chairperson
Christine Hethcock, and the Distrit's attorney, Paul Cockrel. If not,
let me know.
All of the above have indicated they are available and will respond
promptly.
As I noted, I will be out of town beginning July 26, returning Aug.
17. However, I will be checking my Emails regularly. I can be reached
EXHIBIT
OF#/oz/
ESTHER Gesick Fw: from Whit Sibley re. Beebe Draw/Pelican Lake Page 2
while out of town at (231) 893-3875 and will assist in any way I can.
Thank you again for returning my call earlier today. Please confirm
that you've received this Email, and that all transmitted properly.
The press release follows. I'm afraid it didn't copy into the body of
this Email with all of its formatting intact, but I think it's,
nontheless, readable. Let me know if you have any problems.
Many thanks,
Whit Sibley
(303)322-4303
Press release:
CONTACT: Whit Sibley(303)322-4303 FOR IMMEDIATE RELEASE: 7/17/03
Beebe Draw Farms Metro District Appoints Resident as Board Member;
Announces Pelican Lake Ranch Pool/Playground Feasibility Study
PLATTEVILLE--Beebe Draw Farms Metropolitan District, providing streets,
water and recreational facilities to residents of Pelican Lake Ranch
subdivision, has appointed Pelican Lake resident Brian Madison to fill
out the term of a retiring board member.
Madison is the first resident of the Pelican Lake Ranch
subdivision to serve on the district/Es five-member board. He will
serve on the metro district/Es board until May 2004, replacing Bruce
Kelley,whose retirement from the board was announced in late June.
61 want to act as a conduit between the board and our
community,o Madison said prior to his appointment. 6The more
information and discussion of issues we can share, the more we all will
understand both the district/Es responsibilities and the priorities of
the community the district serves.6
Madison, 35, is director of information services at Brighton-
based Metalwest LLC.
The Beebe Draw Farms Metropolitan District also has authorized
a feasibility study to determine the costs and physical requirements of
construction of a community pool and playground on existing open space
adjacent the subdivisions Community Center at 16502 Beebe Draw Parkway.
6We made this decision based exclusively on homeowner input,6
said District President Christine Hethcock. 61n an overwhelming
response, residents indicated they want the pool and playground, and
they want it where they live.6
Under the terms of the original Pelican Lake Ranch PUD,
approved by Weld County Commissioners in the mid-1980s, the pool was to
be located overlooking the Pelican Lake marina. However, Hethcock
said, current residents want the facilities located nearer to existing
housing.
Hethcock said she had met with Weld County planning staff,who
had given verbal support to the project. However, following the
feasibility study, the project may take up to six months to go through
the county/Es formal planning process. Hethcock said the pool and
playground could be completed and open in the summer of 2005.
ESTHER Gesick Fw from Whit Sibley re Beebe Draw/Pelican Lake Page 3
The board also approved conducting a feasibility study for
fishing in Pelican Lake, proposed by resident Steve Cooper. The study
would ask fisheries biologists to determine fish species and population
in Pelican Lake, and to investigate the possibility of stocking the
lake with game fish. Also, the study would involve input from The
Farmers Reservoir and Irrigation Company,which owns the reservoir and
leases recreation rights to the district.
###
CONTACT: Whit Sibley FOR IMMEDIATE RELEASE:
303-322-4303 7/17/O3
Beebe Draw Farms Metro District Appoints Resident as Board Member;
Announces Pelican Lake Ranch Pool/Playground Feasibility Study
PLATTEVILLE--Beebe Draw Farms Metropolitan District,providing streets,
water and recreational facilities to residents of Pelican Lake Ranch subdivision, has
appointed Pelican Lake resident Brian Madison to fill out the term of a retiring board
member.
Madison is the first resident of the Pelican Lake Ranch subdivision to serve on the
district's five-member board. He will serve on the metro district's board until May 2004,
replacing Bruce Kelley, whose retirement from the board was announced in late June.
"I want to act as a conduit between the board and our community," Madison said
prior to his appointment. "The more information and discussion of issues we can share,
the more we all will understand both the district's responsibilities and the priorities of the
community the district serves."
Madison, 35, is director of information services at Brighton-based Metalwest
LLC.
The Beebe Draw Farms Metropolitan District also has authorized a feasibility
study to determine the costs and physical requirements of construction of a community
pool and playground on existing open space adjacent the subdivision's Community
Center at 16502 Beebe Draw Parkway.
"We made this decision based exclusively on homeowner input," said District
President Christine Hethcock. "In an overwhelming response, residents indicated they
want the pool and playground, and they want it where they live."
Under the terms of the original Pelican Lake Ranch PUD, approved by Weld
County Commissioners in the mid-1980s, the pool was to be located overlooking the
Pelican Lake marina. However,Hethcock said,current residents want the facilities
located nearer to existing housing.
Hethcock said she had met with Weld County planning staff,who had given
verbal support to the project. However, following the feasibility study,the project may
take up to six months to go through the county's formal planning process. Hethcock said
the pool and playground could be completed and open in the summer of 2005.
The board also approved conducting a feasibility study for fishing in
Pelican Lake, proposed by resident Steve Cooper. The study would ask fisheries
biologists to determine fish species and population in Pelican Lake, and to investigate the
possibility of stocking the lake with game fish. Also, the study would involve input from
Farmers Reservoir and Irrigation Company,which owns the reservoir and leases
recreation rights to the district.
###
r
07/20/2003 20:15 9706671950 PAGE 02
David Shupe, Consultant
7525 Joel Place,
Loveland, CO 80537
July 20,2003
Ms. Pam Smith
Weld County Dept. of Public Health and Environment
1555 North 17th Avenue,
Greeley, CO 80631
Re: Beebe Draw Submittal
Dear Pam:
I have prepared these comments to respond to your concerns marked in the copy of the Planning
Commission Resolution of Recommendation to the Board of County Commissioners. I have
referenced them to the delineations and page numbers in the resolution for ease in discussion. I
have specifically addressed only those which apply to my area of input, as noted by Christine
Hethcock (in consultation with you, I believe).
Item Q page 3
As shown on the plat, the building envelopes are at least 10,000 sq.ft. in size. As the septic
system area requirements, both primary and secondary, are in the range of 3400 sq,ft. for a 5
bedroom home (0.08 ac.) it is apparent that all envelopes are adequate in size, but location
must be determined with preparation of the plot plan for each home. Environmental buffer
areas are not included in the building envelopes.
Item V, page 4
It is our opinion that the Maintenance Agreement is not the most appropriate place for requiring
the alternative field area, but a note on the Plat to that effect carries the legal "clout" would be.
I have added a note to that effect on the Generic Design Proposal as well. I continue to feel,
however, that this type of system is easily reparable repeatedly, without replacement In that
event, the alternative area requirement is a redundancy.
item W, page 4
Monitoring well locations as proposed are shown on the Plat, subject to Health Department's
review and approval.
I. EXHIBIT
PP 14/002
97/20/2003 20:15 9706671950 PAGE 03
Item AA, page 4
The Maintenance Agreement, as revised to respond to the Nov. 8,2002, memorandum has been
submitted to the Health Department for review.
Item BB, page 4
We await Health Department comments(See AA, above).
Item CC, page 4
As soon as comments have been Incorporated into the Agreement, it will be recorded as a
supplement to the Declaration of Covenants.
Item M, page 5
The add/tional 10' ROW adjacent to WCR 32 has been shown on the Plat, as have the
Environmental Buffer Zones. Sufficient area remains on affected lots for locating both
structures and the primary and secondary septic system fields (See Q page 3).
kern R, page 6
We concur. Since all plot plans and system designs are clearly required to have County
�^ approvals, this requirement poses no problem to us.
Development Standards kern 7, page 1
Agreed, except tat this note should read "...on the plan", instead of"... on the Plat".
Item 13, page 2
We have submitted the Agreement previously,
Item 14, page 2
This designation and delineation will be Included as a part of Item 7(above).
Item 15, page 2
This is a standard requirement, and is clearly stated in the Sewer Management Program (page
1, paragraph 3).
Items 16 - 18, page 2
These are standard requirements.
r
07/20/2003 20:15 9706671950 PAGE 04
Item 19, page 2
See the Waste Handling Plan
Item 20, page 2
This is stated in paragraph 1, page 1 of the Sewer Management Program, except that it should
read "... and all lots In Filing One that are not sold."
Items 21 -23, page 2
These are standard requirements.
Site Plan Review, Item 13, page 1
This is understood, and designs will be provided at the time Building Permits are sought.
Item 15, page 1
Standard. See Waste Handling Plan. Will be noted on Building Permit application.
Item 20, page 2
This requirement Is premature, in our opinion. We agree to the 200 foot requirement, but
actual envelope locations otherwise are a function of the facility design, and should be located on
the plot plan which accompanies the
Building Permit application.
Pam, I feel we are in accord on all these points, except for timing in a few instances. Please
review my comments and get back to me at your earliest convenience.
Very truly yours,
`>>issierG 3
David Shu• Consultant • F fw'
Colorado P.E. 5914 fna^wes�0�
cc: Christine Hethcock
r J L Walter Consulting
114 E.5th Street
Loveland,CO 80537
(970)613-2037
FAX (970) 203-1147
January 27,2003
Beebe Draw Farms Metropolitan District
3600 S. Logan St., Suite 200
Englewood, CO 80110
RE: Revisions to Sewer Management Program
Gentlefolk
Upon review of the Weld County Health Department recommendations for review of Filing
Two, we feel that the management proposal made by our firm should be restructured so as to
become an integral part of the submittal. This is in response to their recommendation that it be
filed and recorded with the Service Plan Addendum. In this way,the management program is set
forth independent of any specific management entity,and you would not be legally bound solely
to our firm for life.
While we look forward to serving the District's needs in this regard,we feel that making our
proposal part of the approval would unfairly restrict the District to using only our firm even if we
were someday found to be providing substandard service. We wish to assure you that we have
every intent of providing this accessory service. However,in all fairness,the choice of service
provider should be at the discretion of the District.
A copy of this letter will be provided to the Weld County Health Department,along with the
attached revised Sewer Management Program documuent,for their review and approval as well.
Sincerely,
JL Walter Consulting
ca-
JL Walter
cc: Pam Smith,Weld County Health Department
Enclosure
.1
August 1, 2003
Beebe Draw Farms Metropolitan District
3600 S. Logan St. Suite 200
Englewood, CO 80110
SEWER MANAGEMENT PROGRAM
The Metropolitan District will provide a continuing management and maintenance program for
the septic systems to be used to serve the homes within the Beebe Draw subdivision. This shall
become a condition of approval for Filing Two and be retroactive to include lots in Filing One,
except those systems completed to date, should the County Commissioners require.
Beebe Draw Farms Metropolitan District will provide the septic system maintenance program
detailed herein in accordance with the Weld County Final Plat approval requirements for Filing
Two.
The scope of services to be provided, as well as some general necessary responsibilities of the
Metropolitan District and the individual homeowner, is defined within the following items of
work with the estimated cost relating to each. This includes design, basic inspection and
sampling of all septic systems in the subdivision to meet Weld County requirements as well as
the administration of the additional work items listed below. Any actual maintenance, pump and
field repairs, or construction of the septic system and appurtenances shall be contracted for and
paid for directly by the homeowner via the Metropolitan District, as discussed herein.
To properly maintain the septic systems in the Beebe Draw subdivision, the following duties will
be established on a regular schedule:
I. Design and Installation
a) Farb lot shall require a septic system design, per the standards set in consultation with the
Weld County Health Department, by a Colorado Registered Professional Engineer, prior
to construction. Information will be provided by the lot owner regarding house size,
number of bedrooms, as well as any other factors that may apply in sizing the septic
system. A site/grading plan for the lot will also be provided by the lot owner in order to
determine the proper location of the septic system. A copy of this plan will be
maintained on file for reference to septic tank and filter field location.
b) Prior to the date of occupancy, and before the septic system is covered over with topsoil,
each septic system will be inspected by or under the direct supervision of a Colorado
1
Registered Professional Engineer,to ensure proper construction and size. This inspection
is in addition to inspections normally required and performed by the Weld County Health
Department.
c) Within fourteen (14) days of the date of occupancy, a letter will be sent to the lot owner
notifying him/her of any and all standards pertaining to the proper maintenance of the
septic system, as well as a typical schedule for septic system inspection and pumping.
Emergency phone numbers will also be included.
d) Septic system design and inspection will be provided, estimated to cost $600.001, which
is the responsibility of the lot owner.
2. Septic System Inspection
a) Inspections will be conducted once a year for each lot. Each inspection will include a
measurement of the scum level and the sludge level in the septic tank, per the guidelines
set by the U.S. Public Health Service. See the attached report for a complete example of
the data to be collected.
b) The field surface area will also be checked for any saturation. If there are signs of surface
area saturation or if the scum and sludge levels are twelve inches or less in difference,
arrangements will be made for the tank to be pumped as soon as possible,regardless of
the regular pumping schedule. See the attached report for a complete example of the data
to be collected.
c) Each inspection is estimated to take 1'h hours to complete, including travel time to and
from the site.
d) Each inspection is estimated to cost $30.001 per hour, to be paid by the Metropolitan
District.
e) Any field alterations or repairs indicated by an inspection will be charged to the
individual lot owner.
3. Septic Tank Pumping
a) A regular pumping schedule will be established whereby each septic tank is pumped
approximately once every four years. See the attached report of a complete example of
the data to be collected. Additionally;upon change of ownership of homes,tanks will be
pumped,if not within 6 months of previous pumping.
b) If a tank should need to be pumped before the scheduled date, the next approximate
pumping date will be set four years from that date.
2
c) A pumping company will be contracted to be on call, as well as scheduled for regular
Pumping.
d) After each pumping, bacterial starter will be added to the septic tank to jumpstart the
septic tank environment
e) After each pumping, anti-antibacterial solution will be added to the septic tank to prevent
antibacterial soaps and solutions from unbalancing the septic system.
f) Each pumping will be provided at a cost estimated to be $300.001, paid by the
Metropolitan District
g) A member of the maintenance staff will monitor each pumping. Each pumping is
estimated to take 1'/2 hours, including travel time to and from the site. This service will
be provided at an estimated cost of $30.001 per hour, to be paid by the Metropolitan
District.
4. Random Toxicity Checks
a) Between five (5) and ten (10) random toxicity checks will be made each year on septic
systems throughout the subdivision in accordance with currently acceptable collection
and test methods for the chosen parameters. If the maintenance staff notices any signs of
toxic materials on any lot, that lot will automatically be subject to a toxicity check.
Otherwise,lots will be tested at random.
b) All toxicity checks require that a sample be taken from the septic tank and sent to a
predetermined testing facility. See the attached report for a complete example of the data
to be collected.
c) Each sample will be collected by a member of the maintenance staff in accordance with
Weld County Health Department requirements. Each sampling is estimated to take one
(1)hour to complete, including travel time to and from the site. This service is estimated
to cost $30.00 per hour.
d) Each test is estimated to cost $200.001,paid by the Metropolitan District
5. Monitoring Well Testing
a) A yearly inspection of the eight(Y}monitoring wells to be located within the subdivision
will be required. Each inspection will entail drawing a sample of water from the
monitoring wells and sending them to a predetermined testing facility in accordance will
currently acceptable collection and test methods for the chosen parameters. See the
attached iepurt for a complete example of the data to be collected.
3
b) If the report indicates that the level of contaminants have increased since the last
sampling period, an additional test will be taken. If this sample confirms the first sample,
additional monitoring wells (minimum 3) will be established in concurrence with the
Health Department. Sampling and installation of additional monitoring wells will
continue until the source of the contamination is identified. Once a specific source is
identified, corrective measures shall be taken by the Metropolitan District to eliminate the
source. If the source is of a general nature due to the number of septic systems at that
time, building construction shall cease until an alternative treatment system is
determined.
c) Each sample will be collected by a member of the maintenance staff in accordance with
Weld County Health Department requirements. Each sampling is estimated to take one
(1) hour, including travel time to and from the site. This service will be provided at
$30.00 per hour.
d) Each test is estimated to cost $50.001,paid by the Metropolitan District.
6. Materials
a) A minimum of two (2) spare sewage lift pumps will be kept on-site at all times. If a
pump needs to be replaced, the Metropolitan District will provide it from stock, and
another spare pump will be purchased. The Metropolitan District will then pass the cost
of the pump and its installation onto the lot owner.
b) A minimum of one (1)box of bacterial starter will be kept on hand at all times. Each box
is estimated to cost $125.001 and contains 12 bags of starter material. Each time a septic
tank is pumped, one half of one bag will be placed inside the tank_ The Metropolitan
District will supply this material.
Note: Once the Equine Center is built and being used, horse manure may be used in
place of packaged bacterial starter, at the discretion of the supervising engineer.
c) A minimum of one (1) bottle of an anti-antibacterial solution will be kept on-site at all
times. Each 32 ounce-bottle is estimated to cost $25.001. Fach,time a septic tank is
pumped, two capfuls of solution will be added to the tank. Each bottle contains enough
solution to treat approximately sixty (60) septic tanks. The Metropolitan District will
supply this material.
d) A minimum of one (1) bolt of terry cloth will be kept on-site at all times. Each bolt is
estimated to cost $30.001 and contains 13 yards of cloth. Each bolt contains enough terry
cloth for approximately 130 inspections. The Metropolitan District will supply this
material.
e) All monitoring well toxicity testing materials will be supplied by a predetermined testing
facility, and are included in the testing cost
4
7. Recording and Reporting
a) All data collected will be recorded electronically in a database,as well as in hardcopy.
b) Each month, a report of all septic system information collected will be sent to the County,
the Metropolitan District, and all owners of lots included in the report. Each report will
include the data collected during the yearly septic system inspections and the next
scheduled pumping date for all corresponding lots.
c) Each year, a report of all monitoring well inspections and septic system toxicity checks
will be sent to the County and the Metropolitan District's file. These reports will include
all the data taken at the time of sampling, as well as all test results returned by a
predetermined testing facility.
d) In the event of a change of ownership of any lot in the subdivision, the Metropolitan
District will update its records as well as perform any necessary duties involved in a
change of ownership.
8. Homeowner Responsibility
a) Any noted non-cooperation by a homeowner in regards to the rules and procedures
established by the Metropolitan District and approved by the Health Department shall be
immediately reported to the Health Department and may require -such measures as
property liens,which are legally enforceable by the District.
b) In the case of a septic system failure, the homeowner will be responsible for the
reconstruction of the filter field. This entails removing the topsoil from above the filter
field, removing all pipes, and removing the top three inches (3") of the sand filter. New
sand may be put in place of the removed filter sand. Once this is done, the pipes and the
topsoil will be returned above the filter field. Removal of the sand filter and the resetting
of the pipes will require an inspection by the supervising engineer. Any costs incurred ip
the reconstruction of a filter field will be the responsibility of the homeowner.
Contractual arrangements will be made under the auspices of the District. Permits must
be obtained fioni the Weld County Department of Public Health and Environment for all
new, repair, alterations-and/or expanded-septic systems. The Weld County Department
of Public Health and Environment has final approval of all plant.
5
9. Cost Breakdown(per year at full build-outlt
Item Direct Cost to Homeowner Cost to Metropolitan District
1. Design and Installation $600.00 $ 0.00
2. Septic System Inspection •587 lots x 1.5 in. each=895.5 hrs x$30.00 per hour=
$ 0.00 $26,415.00
3. Septic Tank Pumping *587 lots/4 years= 150 pumps x$300.00 per pump=
$ 0.00 $45,000.00
150 pumps x 11/2 hrs per pump=225 hrs x$30.00 per hour=
$ 6,750.00
4. Random Toxicity Checks 10 tests per year x$200.00 per test=
$ 0.00 $ 2,000.00
10 hours of sampling x$30.00 per hour=
$ 300.00
5. Monitoring Well Testing 8 tests per year x$37.40 per test=
$ 0.00 $ 300.00
r 16 hours of sampling x $30.00 per hour=
$ 480.00
6. Materials
Bacterial Starter 7 boxes per year x$125.00=
$ 0.00 $ 875.00
Anti-antibacterial Solution 2.5 bottles per year x $25.00=
$ 0.00 $ 62.50
Terry Cloth *587 lots/130 inspections per bolt=4.60 bolts x$30.00 per bolt=
$ 0.00 $ 140.00
7. Reimbursable Expenses(Estimated) $3,860.50
Postage at cost
Mileage 35 cents per mile
Reproduction at cost
Totals: $86,183.00
=587 lots
$ 146:82 per lot
12 months/year
$12.00 per lot per month
I Please note that all dollar amounts in this proposal are in today's dollars. They are
subject to change in the future.
6
*Actual number of lots affected by this proposal depends upon final approval of Weld
County Commissioners,and upon number of already occupied homes in Filing 1 which
desire to be included.
All of the above services will be provided to the District's member lots at an estimated monthly
cost of$12.00. However, at the present time there are some 26 lots occupied, each with a septic
system in service, which was not necessarily constructed according to the guidelines proposed
for all future construction. Existing homeowners in Filing One will have the option to be
provided with this service or not, but currently undeveloped lots in Filing One will be subject to
this agreement along with all lots in Filing Two. Initially, determination will have to be made as
to what additional efforts will be needed to bring those existing systems who so choose up to the
needed monitoring standard. This may include installation of monitoring risers over the tank
portals and monitoring tubes in the filter or leach beds. Cost of installation of these features will
need to be borne by the District for these initial systems. It is estimated that those costs may rup
about$1000 to $1200 per lot, for the lots whose septic tanks do not have risers to the surface, or
monitor tubes in the fields_
Systems installed to- serve all anticipated public facilities included in the Homeowner's
Association within the Metropolitan District, such as the community building, marina, etc., will
receive the same level of supervision as individual lots. Cost incurred will be paid by the
District. Facilities, which may be constructed in the area under the jurisdiction of other public
entities, such as schools, fire stations and the like are not deemed subject to this Sewer
Management Program.
The responsibilities listed above will be overseen by a supervising engineer, a Colorado Licensed
Professional Engineer, who will be acting as a consultant and offering professional advice in ail
aspects of this project.
Note: Examples of the various Inspection and Report forms to be used are attached hereto.
7
GENERIC SYSTEM DESIGN PROPOSAL
Criteria: 250 gal./bedroom ( 3 bedroom example shown)
Tankage: 3 bedroom -- 1000 gal.
Additional bedrooms 250 gal. each
All tanks to be two-compartment type (60% - 40%)
Risers to surface on all ports
System Type: 1 pass subsurface sand filter (no collection)
Filter Depth: 4 feet
Filter medium sand: All passing #4 screen
Uniformity Coefficient < 4.0
Line sides of filter bed with 10 mil PVC or equal
Bed Size: 250x3/0.95 = 790 sq.ft.x1.3 = 1026 say 24'x43'
Dosing: Distribution pipe volume=40x4x.09x7.48 = 108 gal.
Chamber volume: 750/4 = 187ga1. > 108 (OK)
(Add 330 sq.ft of bed for add.' bedrooms, and 65 gal.
of additional dosing chamber volume.)
Dosing pump: Zoeller Effluent Pump, or equal
Siphon may be permissible when
sufficient grade available.
Maintenance contractor to keep spare pumps on hand in the event of
malfunction. Cost of replacement and installation to be borne by
homeowner.
Construction Inspections required:
1 . Prior to placing filter sand, by designer.
2. Prior to covering pipes and tanks, by Weld County
Health Department and by designer.
Note: In accordance with Weld County requirements, an additional
area equal to the field size must be kept clear of obstruction
in the event that the field might need to be replaced in the
future. Grass or other removable ground cover is acceptable.
is
BEEBE DRAW NSFD PERMITS
'` (AS OF 7/23/03)
f L
YEAR ISSUED FINALED OPEN (STATUS)
1999 8 8 O
2000 13 9 2 -EXPIREDNIOLATION
1 - WITHDRAWN
1 - EXPIRED
2001 16 11 3 - OPEN
1 - EXPIREDNIOLATION
1 - EXPIRED
2002 4 0 4 - OPEN
2003 1 0 1 - OPEN
TOTALS 42 28 14
EXHIBIT
"tea/
) ) )
Activities / Projects / Developments 13:50 07/23/2003 ,
Address Number Type Sub Type Status Date _ Name Level 1 Level 2 Li
16502 BEEBE DRAW PKWY BEED BC-9900079 BLDGCOMB CNEW FINAL 02/01/1999 LOCKHART CONSTRUCTION
16504 BEEBE DRAW PKWY BEED BC-9900080 BLDGCOMB COTH FINAL 02/01/1999 LOCKHART CONSTRUCTORS
-- ---
16502 ESSEX RD NORTH BEED BC-9900431 BLDGCOMB SNEW FINAL 05/04/1999 RAINTREE HOMES/JOHN ROBERTS
16503 ESSEX RD NORTH BEED BC-9900743 BLDGCOMB SNEW FINAL 08/09/1999 ROBERTS JOHN
16504 ESSEX RD NORTH BEED BC-9900034 BLDGCOMB SNEW FINAL 01/14/1999 RAINTREE HOMES INC
.16504 ESSEX RD NORTH BEED BC-9900339 BLDGCOMB DGAR FINAL 04/07/1999 RAINTREE HOMES/JOHN ROBERTS
16505 ESSEX RD NORTH BEED SP-9900278 SEPTIC RNEW FINALED 06/10/1999 PILKINGTON-HERMAN CONST
16505 ESSEX RD NORTH BEED BC-9900549 BLDGCOMB SNEW FINALED 06/15/1999- PILKINGTON-HERMAN CONSTRUCTION
16506 ESSEX RD NORTH BEED BC-9900430 BLDGCOMB SNEW _ FINAL 05/04/1999 RAINTREE HOMES/JOHN ROBERTS
16491 ESSEX RD SOUTH BEED BC-9900281 BLDGCOMB SNEW FINAL 03/30/1999 HACIENDA BUILDERS
16494 ESSEX RD SOUTH BEED BC-9900548 BLDGCOMB SNEW FINAL 06/15/1999 PILKINGTON-HERMAN CONSTRUCTION
16495 LEDYARD RD SOUTH BEED BC-9900911 BLDGCOMB SNEW FINAL 09/30/1999 TROTTER TERRY - - - _--- _
Total Rows: 12
IIi
.:
)
Page 1
) ) ) -
Activities / Projects / Developments 13:50 07/23/2003
Address Number Type
Sub Type Status Date Name Level 1 Level 2 Li
16496 BADMINTON RD BEED BC-0001200 BLDGCOMB SNEW FINALED 12/20/2000 GARCIA FRANCISCO
16499 BADMINTON RD SOUTH BC-0001215 BLDGCOMB SNEW FINALED 12/28/2000 TL STAUFFER CONSTRUCTION CO
BEED
16500 BEEBE DRAW PKWY BEED BC-0000802 BLDGCOMB SNEW _ - FINAL 08/22/2000 OLDE TIME CUSTOM HOMES
16509 ESSEX RD NORTH BEED BC-0000472 BLDGCOMB SNEW FINALED 06/01/2000 GROVE DANIEL R
16520 ESSEX RD NORTH BEED BC-0000719 BLDGCOMB SNEW VIOLATN 07/27/2000 WOODARD DALE
16492 ESSEX RD SOUTH BEED BC-0000769 BLDGCOMB SNEW FINAL 08/10/2000 ISLER JOSH
16493 ESSEX RD SOUTH BEED BC-0000229 BLDGCOMB SNEW FINAL 03/20/2000 T.L.STAUFFER CONSTRUCTION CO
16491 FAIRBANKS DR SOUTH BC-0000577 BLDGCOMB SNEW VIOLATN 06/27/2000 GARCIA FRAN - - --
BEED V I-03ov17_
16487 LEDYARD RD SOUTH BEED BC-0000413 BLDGCOMB SNEW FINAL 05/16/2000 OLDE TIME CUSTOM HOMES
16489 LEDYARD RD SOUTH BEED BC-0000637 BLDGCOMB SNEW FINAL 07/12/2000 HEDGER WILLIAM
_
16490 LEDYARD RD SOUTH BEED BC-0001065 BLDGCOMB - SNEW WITHDRW 11/03/2000 DESIGN MASTER CONSTRUCTION
N
16494 LEDYARD RD SOUTH BEED BC-0000669 BLDGCOMB SNEW FINALED 07/17/20O0 STASINSKI DAVID
16494 LEDYARD RD SOUTH BEED EL-0010147 ELEC _ OTH VOID 05/22/2000 STASINSKI DAVID
16494 LEDYARD RD SOUTH BEED EL-0010153 ELEC OTH FINAL 05/26/2000 STASINSKI DAVID
16498 LEDYARD RD SOUTH BEED BC-0000349 BLDGCOMB SNEW EXPIRED 04/26/2000 GERRARD CONSTRUCTION
16498 LEDYARD RD SOUTH BEED BC-0000613 BLDGCOMB SALT FINAL 07/07/2000 CLIMATE MASTERS
26254 WCR 70 BEED EL-0010107 ELEC OTH FINALED 04/18/2000 MCGRAW JARRETT _
Total Rows: 17
Page 1
.) ) )Activities / Projects / Developments 14:58 07/23/2003 ,
Address Number Type Sub Type Status Date Name Level 1 Level 2 Lt
16502 BADMINTON RD BEED BC-0100388 BLDGCOMB SNEW ISSUED 05/01/2001 COOPER HEATING
16504 BADMINTON RD NORTH BC-0100483 BLDGCOMB SNEW SEPTHDC 05/29/2001 VAUGHT KAREN
BEED O
16502 BEEBE DRAW PKWY BEED EL-0110134 ELEC OTH FINAL 05/29/2001 TRI CITY ELECTRIC II _.
_16478 BURGHLEY CT BEED BC-0101152 BLDGCOMB SNEW FINALED 12/17/2001 MASSELINK KAY
16479 BURGHLEY CT BEED BC-0101160 BLDGCOMB SNEW FINALED 12/19/2001 STAUFFER TED
16479 BURGHLEY CT BEED SP-0100657 SEPTIC RNEW FINALED 12/20/2001 STAUFFER TED
16494 BURGHLEY CT BEED BC-0101019 BLDGCOMB SNEW FINALED 10/26/2001 PURDY MARK
16512 ESSEX RD NORTH BEED BC-0100080 BLDGCOMB SNEW FINAL 01/31/2001 REMPEL CONSTRUCTION INC
16513 ESSEX RD NORTH BEED BC-0100950 BLDGCOMB SNEW EXPIRED 10/03/2001 HARRISON RICHARD&LOIS JANE 16514 ESSEX RD NORTH BEED BC-0100301 BLDGCOMB SNEW SEPTHDC 04/06/2001 KIMMEN RICK&SHARPE CONEE
O
16521 ESSEX RD NORTH BEED BC-0100712 BLDGCOMB SNEW FINALED O7/24/2001 BRIGHTON RALPH
16524 ESSEX RD NORTH BEED BC-0100420 BLDGCOMB SNEW FINALE D 05/11/2001 OLDE TIME CUSTOM HOMES _ _ _ _
16495 ESSEX RD SOUTH BEED BC-0100257 BLDGCOMB SNEW FINAL 03/23/2001 CASSER CUSTOM BUILDERS
16498 ESSEX RD SOUTH BEED BC-0100407 BLDGCOMB SNEW FINAL 05/08/2001 CANYON CREEK HOMES LLC
16488 FAIRBANKS DR SOUTH BC-0100643 BLDGCOMB SNEW VIOLATN 07/10/2001 BIRKLAND MARSHA
BEED _ ---16490 FAIRBANKS DR SOUTH BC-0100201 BLDGCOMB SNEW FINAL 03/07/2001 GANTENBEIN ROD
BEED
16491 LEDYARD RD SOUTH BEED BC-0100085 BLDGCOMB SNEW FINALED 01/31/2001 WESTHOFF GARVIN
16496 LEDYARD RD SOUTH BEED BC-0100158 BLDGCOMB SNEW FINAL 02/26/2001 OLDE TIME CUSTOM HOMES
Total Rows: 18
Page 1
) ) )
Activities / Projects / Developments 13:51 07/23/2003
Address Number Type _ Sub Type Status Date Name Level t Level 2 Li
16506 BADMINTON RD NORTH BCS-020594 SS1BLDG SNEW ISSUED 10/17/2002 KVC INC - - - -
BEED
16495 BADMINTON RD SOUTH BCS-020705 SS1BLDG SNEW SEPTHDC 12/10/2002 BADER LARRY&ROSALIND - - -
BEED O
16489 BURGHLEY CT BEED BCS-020580 SS1BLDG SNEW _ ISSUED 10/10/2002 HOLMWOOD GREG
16505 ESSEX RD NORTH BEED BCS-020049 SS1BLDG SALT ISSUED 02/05/2002 PARANTO STEPHAN
16524 ESSEX RD NORTH BEED BCS-020218 SSIBLDG NRES FINALED 05/01/2002 JOHNSON SCOTT&CRYSTAL -- -
16495 ESSEX RD S BEED BCS-020516 SS1 BLDG SALT ISSUED 09/10/2002 TOWNSEND BEAU&ERICA
16485 LEDYARD RD SOUTH BEED BCS-020284 SSIBLDG SNEW ISSUED 05/20/2002 OLDE TIME CUSTOM HOMES
Total Rows:7
Page 1
Activities / Projects / Developments 13:51 07/23/2003
Address Number Type Sub Type Status Date Name _ Level 1 Level 2 Lt
16523 ESSEX RD NORTH BEED BCS-030155 SSIBLDG SNEW SEPTHDC 04/23/2003 ANDERSON HOMES
0
16525 ESSEX RD NORTH BEED SP-0300140 SEPTIC RNEW ISSUED 04/17/2003 ANDERSON HOMES
16488 FAIRBANKS DR SOUTH VI-0300095 VIO BCV ISSUED 05/14/2003 _-BIRKLAND MARSHA J -
BEED r3C-oloo 643
16491 FAIRBANKS DR SOUTH VI-0300171 - VIO BCV ISSUED 07/23/2003 SWANK LARRY L&QUIROZ LINDA - -
BEED (3 c—oodo 577
Total Rows:4
Page 1
Wednesday, June 25, 2003 5:40 PM Christine Hethcock 303-333-7278 p 01• Attention: Monica Daniels-Mika Date: 6/25/2003
Company: Weld County Planning Number of Pages: 3
Fax Number: 1-970-304-6498
Voice Number: 970-356-4000
From: Christine Hethcock
Company: Gibraltar Equity Investments
Fax Number: 303-333-7278
r Voice Number: 303-333-6000
Subject: BEEBE DRAW FARMS FILING NO. 2 WATER LDII ER
Comments:
Monica,
Here is the letter we needed from the Water District for Filing No. 2
for your records.
Please call me and let me know what you need to have to review
before our August 6th Hearing.
Thanks
Christine
EXHIBIT
0
Wednesday, June 25, 2003 5:40 PM Christine Hethcock 303-333-7278 p 02
•
arn.
CENTRAL WELD COUNTY WATER DISTRICT
June 23,2003
Christine Hethcock
Beebe Draw Farms Metropolitan District
3600 S. Logan Street,Ste.200
Englewood,CO 80110
•
RE: Potable Water Service,Beebe Draw Farms, Filing 2
Dear Ms. Hetheock,
On June 27, 1995, Beebe Draw Farms Metropolitan District (Metro District) and RE1 Limited
Liability Company (Company) entered into and agreement with Central Weld County Water
District (Water District) whereby the District would furnish treated water to the Company for
certain real property commonly referred to as Beebe Draw Farms and Equestrian Center
(Property).
r
The terms and conditions of the agreement provided for an 800 unit residential development
The Property was included into the jurisdictional boundaries of the Municipal Subdistrict on
March 27, 1986 and has since been included into the Northern Colorado Water Conservancy
District and the Central Weld County Water District.
Per paragraph 3, page 5 of the Agreement for Water Service, "...the Metro District or Company
shall acquire adequate raw water supplies for each phase of development of the Property from
the Northern District or Municipal Subdistrict in accordance with their established policies or
from other services acceptable to the Water District and transfer such water supplies to the Water
District for service to the Property in accordance with Water District rules and regulations;.--"
Per paragraph 11.. page 8 of the Agreement for Water Service, "The Water District agrees to
allow installation of 800 residential equivalent water taps (with no more than 100 tap
installations per year, unless specifically approved by the Water District) within the Property
which shall be located within the Water District and Metro District, subject to all terms and
provisions of this Agreement." It further states, "The Water District acknowledges and agrees
that the Property will be developed in various phases and that all such water supplies,mains, and
related facilities specified in this Agreement shall be acquired, provided, and transferred to the
Water District incrementally according to each developmental phase as approved by the Water
District, which approval shall not he unreasonably withheld."
2235 2nd Avenue • Greeley,Colorado80631 • Phone(970)352-1284 • Far(9701 353-5865
John W.Zadel,General Manager
LO-d d£b;£O £O-97.-""C
Wednesday, June 25, 2003 5:40 PM Christine Hethcock 303-333-7278 p 03
Page 2
Water Service
The above language in our agreement is there because Central Weld County Water District does
not wish to have the Metro District or the Company pm-purchase taps for the property. The pre-
purchase of taps for phases of development that would not be needed or set for an extended
period of time places false burden on the water system. It would indicate a certain capacity is
used up and,therefore,not available to another user. This does not allow for proper management
of our system. We would like to maintain the Agreement we now have in place with the Metro
District and the Company.
If you have any questions regarding the above,please advise.
Sincerely,
CENTRAL WELD COUNTY WATER DISTRICT
442/0...Ze
.� Cahn W. Zadel
General Manager
J W Z/rg
CC: Lee Morrison, Weld County Attorney
•
d£b=SO £O-9Z-unr
ZO' d
PATINA
OIL&GAS CORPORATION
1625 Broadway, Suite 2000
November 18,2002 Denver, Colorado 80202
(303) 389-3600
Via Fax(970)-304-6498 (303) 389-3680 Fax
&U.S. Mail i -i I_ -
Ms. Monica Daniels-Mika
Director of Planning Services Weld County Planning Department
Weld County Planning and Zoning Department GREELEY OFFICE
1555 N. 17th Avenue NOV 1 9 2002
Greeley,CO 80631
Re: PF-1021 F a-
f.r
PUD Final Plat for 2,d Filing Beebe Draw Farms
Township 3 North,Range 65 West,6th P.M.
Sections 4,5,9&17
Weld County, Colorado
Ladies and Gentlemen:
Patina Oil & Gas Corporation ("Patina") has been contacted by Weld County Department of Planning Services
regarding the proposed PUD Final Plat for 2d Filing Beebe Draw Farms covering the captioned property
("Property"). Patina operates twenty-eight (28) oil and gas wells ("Wells"), associated pipelines and production
facilities on the Property. Patina also owns oil and gas leasehold rights and has rights to drill additional well(s) on
the Property. Patina is concerned about the impact the proposed development will have on Patina's ability to
produce, operate and maintain the Wells, pipelines, access roads and production facilities as well as the drilling and
operation of future wells on the Property. To date, Patina has received no confirmation from REI, LLC
("Applicant")that Patina's real property rights to use a reasonable portion of the surface for all current and future oil
and gas operations and development are being preserved.
Patina requests assurance from the Weld County and the Applicant that the proposed development will not preclude
Patina from producing, operating, drilling and maintaining its wells and related facilities. Until this matter is
resolved by agreement with the Applicant, Patina is not waiving its rights as a leasehold owner. Any approval of the
• proposed development should be conditioned upon the preservation of Patina's real property rights that allow it to
make reasonable use of the surface of the lands for oil and gas operations.The proposed development must take into
account and provide adequate setbacks from Patina's current and future well-sites, pipelines, and production
facilities as well as continuous access to these facilities.
Patina requests that these comments be entered into the record for the Applicant's proposed development and that
we continue to be provided with advance notice of all other hearings affecting the Property. if you have any
questions, please feel free to contact the undersigned or Dave Padgett at(303)389-3600.
Sincerely,
At
ORATION
Vice President
cc: Krug, Sobel & Ritter, LLC- Molly Sommerville
Chuck Carpenter, Esq./for REI, LLC
Kerr-McGee Rocky Mountain—Chris Greneaux
EXHI IT
51/0 �,
,Ca Salle lire Protection District
PHONE 970-284-6336 • FAX97C-284-5O42 Weld County Planning Department
GREELEY OFFICE
MIDM
JUL 2 1 2003
Date: July 11, 2003 RECEIVED
To: Christine Hethcock
From: Jason Goodale LSFPD
This letter is to let you know the La Salle Fire Protection District review the Fire Hydrant
layout for Beebe draw farms filling 2 and approves the changes made.
If you have any questions please let me know
Jason Goodale LSFPD
EX TIT
1
tae Sal
118 MAIN STREET P.C. ECX 411 LA SALLE. COLORADO 90645
a ,Kit I
_ -MEMORANDUM
�` C. TO: Monica Daniels-Mika, W.C. Planning DATE: July 31, 2003 ll
COLORADO FROM: Pam Smith, W.C. Health Department ' J�
CASE NO.: PF-1021 NAME: REI, LLC c/o Christine Hethcock
(Beebe Draw Farms Filing 2)
The Weld County Health Department has reviewed the list of lots affected by Oil and Gas
restrictions from David Clinger dated July 31, 2003. My understanding of our conversation
is that the building footprint, primary and secondary septic envelopes and any out-buildings
will be confined to this building envelope. Because of setback requirements between
residences and septic system components, and the restrictive area on some lots is
relatively small (0.3 acres), the Department is requesting the applicant demonstrate the
layout of all buildings, septic envelopes, out-buildings, etc for the listed 51 lots. This layout
must show that all features can meet the required setbacks to all pertinent features.
O:\PAM\PLANNINGWFinalPlan\pf1021lot restrictions.rtf
EXHIBIT
MONICA Mika - Mime 822 Page 1..
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Reply-To:"Christine Hethcock"<christine@gibraltarequity.com>
From: "Christine Hethcock"<christine@gibraltarequity.com>
To: "Monica Mika"<mmika@co.weld.co.us>
Subject: Fw: newsletter with latest changes
Date: Wed, 30 Jul 2003 16:47:32-0600
Organization: Gibraltar Equity Investments
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Monica,
I wanted to share this Newsletter with you as it is very informative
regarding the Beebe Draw Farms Metro District and talks about Filing No. 2.
It's our very first Newsletter from the Metropolitan District.
I received a list of items you need and want to discuss them with you. I
did not realize you needed the detail construction drawings or detail plat
at this time as per our meeting prior to the May 28 scheduling where you
said you were definitely not expecting us to complete all the items per
the
Planning Commission RESOLUTION, and that those items needed to be complete
before we could Record the Final Plat.
The changes we have made to our Plat, &PUD Master Plan revolved mainly
around preparing an Oil and Gas Map that shows all of the actual locations
of wells, production facilities,flow lines and transmission lines. This
was five months of field work and eight months of changes to the oil and
gas maps. We have also tried to reach agreements with
Mineral Owners(SUA)Surface Use Agreements to replace the agreements from
the late 80's. These negotiations and field locations have resulted in
changing some roads, and relocating lots that were too close to O&G
facilities. Changes have been made weekly over the last 8 months and are
reflected on the PUD Master Plan. We made sure that the total lot count
remained the same so that no siginificant changes are being made between
the
Planning Commission Hearing and the County Commissioner's hearing outside
MONICA Mika- Mime 822 Page 2
r
of the O&G plat map that is on a separate sheet.
The next change made on the PLAT and PUD Master Plan was to include the
narrow strip of land that shall remain as open space in Section 15 that
should have been included previously, and is part of the Planning
Commission
Resolution.
The other change made was to change the Phasing to 14 phases per the
Phasing Map I gave to you at our last meeting, that will coincide with the
14
Amenities that we are required to build per the original Change of Zone in
the 1980's. As per our discussion, one Amenity will be built with each
Phase, after careful evaluation of what the needs and desires of the
community residents are considered. REI,will not be able to start a
second Phase until an Amenity is complete. The Phasing is named, not
numbered, so that the
Developer will be able to make market driven decisions as to which Phase
to
build next. Numbering the Phases tends to lock in today a sequence that
may
not make any sense years down the road as Filing No.2 is built out. The
change from 7 to 14 Phases was also driven by the requirement to purchase
raw water, equevelant to the number of lots in each phase and to
approximate the phisical development of phases,which is approximately 30
lots each. This Phasing was also discussed with Public Works and we are
working on the Offisite and Onsite Agreements that will be based on these
14
phases. Certain phases being built will trigger certain Offsite
Improvements. We first need to get Filing No. 2 approved before we
determine which phase to build next.
We have also made the changes to the typical roads to meet Public Works
requirement to maintain consistency from Filing No. 1 and Filing No.2.
This was to increase total street width to 28 feet vs. the 26 feet shown
on
the previous Filing No.2 submittal. We have also corrected the
culdasacs to meet the
La Salle fire department's requirements. Both of these items are per the
Planning Commission RESOLUTION.
The minimum lot size has not changed. It remains at 2.5 acres per lot for
Filing No. 2.
I will have David Clinger's office calculate to amount of buildable area on
lots with building envelopes. Do you want the area shown on the PUD Master
Plan,the Plat, or the Construction Drawings, or is it informational only?
Many of your questions pertain to Mineral Owners. As of today,we are not
in complete agreement as to a final Surface Use Agreement(SUA)with the
Anadarko sections and mineral owners. We are down to a manageable number
of
issues that we are still hopeful to resolve with the Mineral Owners. The
largest obstacle we are encountering is that there are too many mineral
companies involved in this SUA, and that they cannot collectively
negotiate.
MONICA Mika - Mime.822 Page 3
irs
We are in agreement with the 150'and 200' radius. Section 4 has not been
included in the SUA we have been negotiating as we are only dealing with
the Anadarko sections for the written SUA, however;we have had
discussions with Patina about adding this section to the SUA. Note that we
have
identified the locations of all mineral owners wells, production
facilities,flow lines, and transmission lines in every section. There are
SUA's that we use currently with all the mineral owners. The current
agreement for flow lines which is not an item of contention is 10'on either
side of the flow line. We can make a note on the plat to that effect if you
want us to.
I am sending the list with questions separately.
Christine Hethcock
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MONICA Mika - Fw: newsletter with latest changes Page 1
From: "Christine Hethcock" <christine@gibraltarequity.com>
To: "Monica Mika" <mmika@co.weld.co.us>
Date: 7/30/03 4:31 PM
Subject: Fw: newsletter with latest changes
Monica,
I wanted to share this Newsletter with you as it is very informative
regarding the Beebe Draw Farms Metro District and talks about Filing No. 2.
It's our very first Newsletter from the Metropolitan District.
I received a list of items you need and want to discuss them with you. I
did not realize you needed the detail construction drawings or detail plat
at this time as per our meeting prior to the May 28 scheduling where you
said you were definitely not expecting us to complete all the items per
the
Planning Commission RESOLUTION, and that those items needed to be complete
before we could Record the Final Plat.
The changes we have made to our Plat, & PUD Master Plan revolved mainly
around preparing an Oil and Gas Map that shows all of the actual locations
of wells, production facilities, flow lines and transmission lines. This
was five months of field work and eight months of changes to the oil and
gas maps. We have also tried to reach agreements with
Mineral Owners (SUA) Surface Use Agreements to replace the agreements from
the late 80's. These negotiations and field locations have resulted in
changing some roads, and relocating lots that were too close to O&G
facilities. Changes have been made weekly over the last 8 months and are
reflected on the PUD Master Plan. We made sure that the total lot count
remained the same so that no siginificant changes are being made between
the
Planning Commission Hearing and the County Commissioner's hearing outside
of the O&G plat map that is on a separate sheet.
The next change made on the PLAT and PUD Master Plan was to include the
narrow strip of land that shall remain as open space in Section 15 that
should have been included previously, and is part of the Planning
Commission
Resolution.
The other change made was to change the Phasing to 14 phases per the
Phasing Map I gave to you at our last meeting, that will coincide with the
14
Amenities that we are required to build per the original Change of Zone in
the 1980's. As per our discussion, one Amenity will be built with each
Phase, after careful evaluation of what the needs and desires of the
community residents are considered. REI,will not be able to start a
second Phase until an Amenity is complete. The Phasing is named, not
numbered, so that the
Developer will be able to make market driven decisions as to which Phase
to
build next. Numbering the Phases tends to lock in today a sequence that
may
not make any sense years down the road as Filing No. 2 is built out. The
change from 7 to 14 Phases was also driven by the requirement to purchase
MONICA Mika Fw. newsletter with ,latest changes Page 2
raw water, equevelant to the number of lots in each phase and to
approximate the phisical development of phases, which is approximately 30
lots each. This Phasing was also discussed with Public Works and we are
working on the Offisite and Onsite Agreements that will be based on these
14
phases. Certain phases being built will trigger certain Offsite
Improvements. We first need to get Filing No. 2 approved before we
determine which phase to build next.
We have also made the changes to the typical roads to meet Public Works
requirement to maintain consistency from Filing No. 1 and Filing No. 2.
This was to increase total street width to 28 feet vs. the 26 feet shown
on
the previous Filing No. 2 submittal. We have also corrected the
culdasacs to meet the
La Salle fire department's requirements. Both of these items are per the
Planning Commission RESOLUTION.
The minimum lot size has not changed. It remains at 2.5 acres per lot for
Filing No. 2.
I will have David Clinger's office calculate to amount of buildable area on
lots with building envelopes. Do you want the area shown on the PUD Master
Plan, the Plat, or the Construction Drawings, or is it informational only?
Many of your questions pertain to Mineral Owners. As of today, we are not
in complete agreement as to a final Surface Use Agreement(SUA)with the
Anadarko sections and mineral owners. We are down to a manageable number
of
issues that we are still hopeful to resolve with the Mineral Owners. The
largest obstacle we are encountering is that there are too many mineral
companies involved in this SUA, and that they cannot collectively
negotiate.
We are in agreement with the 150'and 200' radius. Section 4 has not been
included in the SUA we have been negotiating as we are only dealing with
the Anadarko sections for the written SUA , however;we have had
discussions with Patina about adding this section to the SUA. Note that we
have
identified the locations of all mineral owners wells, production
facilities, flow lines, and transmission lines in every section. There are
SUA's that we use currently with all the mineral owners. The current
agreement for flow lines which is not an item of contention is 10'on either
side of the flow line. We can make a note on the plat to that effect if you
want us to.
I am sending the list with questions separately.
Christine Hethcock
4 '
Beebe Draw Farms Metro District ' `.A,--1,,I>,,...,
3600 S. Logan Street,Suite 200 Mu \— - ;_
Englewood,CO 80113 Z' t
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BEEBE DRAW FARMS METROPOLITAN DISTRICT NOS. 1 & 2
- a a ta• ...s aaaa . NE ri ma I. a
Summer 2003 Vol.1, No.1
Fling 2 Hearing Scheduled before actual Surface and Use Agreement District No. 1, whose retirement from
(SUA) to resolve. the board was announced in late June.
Weld Commissioners; Approval Will
Support Continued Growth The developer will appear before "I want to act as a conduit between
PP the County Commissioners with the the board and our community,"
Beebe Draw Farms -Filing No. 2 is full support of the Planning Staff and Madison said prior to his appointment.
scheduled for a hearing before the the Planning Commissioners.Pelican "The more information and discussion
Weld County Commissioners at 10 Lake Ranch residents are encouraged of issues we can share, the more we all
a.m., Aug. 6, for approval of the to speak at the hearing to express will understand both the district's
development's PUD Final Plat. support for the development and their responsibilities and the priorities of the
There are 406 lots n Filing No. 2, desire for approval of Filing No. 2. community the district serves."
on 2,300 acres of land, including more Filing No. 2 approval is paramount Madison, 35, a two-year Pelican
than 1,000 acres of open space and to maintenance of property values, and Lake Ran�h resideptrlives at 16495
_-_
greenbelt area. ensures development will continue, Ledyard 1Zoa`��iii'tff.'ffe is director of
When combined with the 188 lots including planned amenities and information services at Brighton-based
in Filing No. 1, there will be community improvements. Residents Metalwest LLC.
approximately 594 total lots. The Metro also may write to the County
District originally was planned to Commissioners expressing their desire
support 800 residential units. More for approval of the development by
than 200 lots were lost in order to meet sending letters to 915 'lbnth Street, Metro District Authorizes Pelican
a"Substantial Change"requirement to P.O. Box 758, Greeley, co 80632. Lake Ranch Pool/Playground
allow Filing No. 2 to proceed back Feasibility Study
through the Final Plat process.
Approval of a Substantial Change was The Beebe Draw Farms
adopted Dec. 19, 2001. The Final Plat Beebe Draw Farms Metro District Metropolitan District has authorized a
received a Resolution of Appoints Pelican Lake Ranch feasibility study to determine the costs
Recommendation to the Board of and physical requirements of
County Commissioners from the Weld Resident as Board Member construction of a community pool and
County Planning Commission on Nov. PLArrliVIT,1 E—Beebe Draw playground on existing open space
19, 2002. Farms Metropolitan District(s), adjacent to the subdivision's
Part of the resolution by the providing streets,water and Community Center at 16502 Beebe
Planning Commission allowed 90 days recreational facilities to residents of Draw Parkway.
for the Surface Owner to negotiate a Pelican Lake Ranch subdivision, has "We made this decision based
Surface and Use Agreement(SUA)with appointed Pelican Lake resident Brian exclusively on homeowner input,"said
the Mineral Owners. This process has Madison to fill out the term of a District President Christine Hethcock.
taken approximately seven months to retiring board member. 'In an overwhelming response,
date and is yet to be completed. Six Madison is the first resident of the residents indicated they want the pool
months were spent in the field locating Pelican Lake Ranch subdivision to and playground, and they want it
oil and gas wells,production facilities, serve on the district's five-member where they live."
flow and transmission lines and board. He will serve on the metro The pool and playground could be
surveying them onto a plat map. This district's board until May 2004, completed and open in the summer of
work is complete, leaving only the replacing Bruce Kelley on Metro 2005, she said.
BEEBE DRAW FARMS METROPOLITAN DISTRICT NOS. 1 & 2
' ' subsequently formed in November Pelican Lake Ranch Community
the Chairperson 1999. The Districts'boundaries, and
On behalf of the Board of ! . service area, include the Pelican Lake Center Available for Use by
directors of Beebe Draw FarmsRanch subdiv li Residents, Groups
on.
Metropolitan Districts No 1 &2, District No. 1 is responsible for The Pelican Lake Ranch
welcome to our first newsletter levying property taxes and raising Community Center is available for use
serving pehpan Lake Ranch other revenue needed to pay District by Pelican Lake Residents seven
residents and other untreated operating expenses and debt service days a week.
parties. expenses and to partially fund capital Residents interested in using the
It is our intention to publish improvements. District No. was Center are asked to book their
organized to function as a sea service
this newsletter on a quarterly engagements in advance. Reservations
district responsible for administering
basis;reflecting the Boards' can be made by completing a
and operating the Districts, furnishing
desire' open,two-way various public services, and acquiring Reservation Form,which is available
communications With our ' ! at the Community Center, and faxing
community. We hope readers will and installing public facilities needed the form to Christine Hethcock at
to serve the Pelican Lake Ranch
find,our information timely and (303)333-7278.
informative: development.
According to the Districts' The Community Center is open for
In this issue,we are excited to residential use from 6 a.m. to 9 a.m.,
Consolidated Service Plan, the major
announce the appointment of and from 6:30p.m. to 10p.m.
Brian Madison as our first purpose of the complete D and
is ato finance,
Pehoan Lake Ranchresidemt acquire, entswithin and Pelican public
improvements Pelican Lake
Board.mnember.As readers will„ Ranch such as streets and drainage, Phasing of Amenities in Fling 2
note,-Brian is ottrimitted to traffic and safety controls, water, and
channels of community Beebe Draw Farms -Filing No. 2
keeping certain recreation facilities. Mosquito has been changed from seven to 14
iron open'between residents a d control services also are provided
f lease.feel, lA phases, . The phases hg of approximatelynae , 30
through the Districts. lots each. The are named, not
' 00094 B Grtith In 1998, the District issued numbered, to enable the developer to
suggestions or Ellie bons' determine which phase to build based
Also, we are lop fo d $2 million in general obligation bonds
inng rover whose proceeds were used to pay for on market conditions at the time rather
to our A1ng.8"meeting`with Weld public •improvements, •issuance costs than a predetermined phase numbering
County(bmToi oners,at which and bond interest. The bond that may not make sense many years
time we will.ask for approval ftf indebtedness is to be repaid primarily down the road.
Beebe Draw ,. Filing No. 2, from property taxes. Currently, the Smaller phases also will enable the
whit t WAIT#make available an , District No. 1 mill levy has been Metro District to match phases with
additional.,406 tea
a certified at 40 mills, or about$640 the amenities. There are 14 required
We'are optimist,'c thatFiling annually on a home with a 2004 amenities under the original PUD
No. d well.bring`new and market value of$200,000. Residents approval. One amenity must be built
desirable pr'o ti to the, also pay other property taxes imposed with each phase.
q mar ra• , , easing the vs re. by other overlapping taxing entities
and ty of`t 1e e I ' such as Weld County and the I,sSalle sate are not going to attempt to
community for all te, ' Fire District. guess today which amenities should be
. . built,or when,"said Christine
,VAI i its nterested>>' The District also derives revenue Hethcock, district chairperson. "Market
community residents todattend from developer fees,property leases conditions and consumer needs change
the Aug.6'meeting to be held at and ownership taxes collected on with time and we must be able to
10 a.m.,at-the Centennial Center motor vehicles. match those conditions and needs at
Complex,915 Wnth Street in A Consolidated Service Plan for the time of development."
Qr591e3", : : District Nos. 1 and 2, as well as a Homeowner input will be sought to
In tg,We hope that' •' detailed General Information Sheet,can help determine which amenities should
newsletter wilt prove to be of ' ' be viewed at the Pelican Lake Ranch be built as each phase is planned.
interest to Pelican Lake,Ranch Community Center, 16502 Beebe Draw
residents and that you Will Parkway, or at Metropolitan District BOARD OF CIRBCTORS
contact,`;# "'wn'ite;'us with your :_ offices at 3600 S. Logan St., Suite 200, Thomas w- aural
comments,questions and in Englewood. seawaryrnaasaar
suggestions tin how we can on rxaam trine)
coritinTTe.'to improve our ' For more information, contact H ighla dEsaR Ranch. Lane
Highlands303-683-COC3 80790
communications District Chairperson 33 Christine ise nc mancam
Hethcock at 303-333-6000.
Please feel free to contact me Christina Nathaocl(
on
or any Board member, or send (Term Exp m 20
oo of zoos)
comments directly to our 3600 S.Logan CoStreet. 11te3 200
your ES. Log ae o 90113
district office. Metro District to Study Pelican chrism 303-33-600 IN.00m
— CHRISTINE HEracocx Lake Fishery Brian Madison
Term uWm 2000)
The Beebe Draw Farms 1Basa Ivayara Road scum
Metropolitan District board has Platteville.co 348 51
Beebe Draw Farms Metropolitan authorized a study of the Pelican Lake bmaelson@metalwestcom
fishery, as proposed by resident Steve Norman L. Moormeler
Districts No. 1 & 2 Governed and Cooper in a letter to the board signed 137O Bellaire' St
D Operated Under Colorado State Law by 20 community residents. Broomfield,03-46 co ssers
30 meter latt
p433
Qmeormeisrl63ennel
The metropolitan districts serving The study would ask fisheries
P Daniel R.Swop)
Pelican Lake Rancho rate asquasi- biologists and wildlife experts tofirm am„e
Pe 3800 S.Looan Stmt.Sane 200
municipal corporations and political investigate whether the lake could Englewood CO em 13
sustain game fish if a stocking 30&938-8000
subdivisions of the State of Colorado Beheidan@am sitars uty.wm
and have been established in program were instituted. The study
would require permission and
accordance with state law. Mateo mak evirsi sat
subsequent input from The Farmers PablKeedp,�a�w M:
District No. 1 was formed by order Reservoir and Irrigation Company Babe Brew feran enrepBan Oijtil a Ne. 1 t 2
of the Weld County District Court in (FRICO), asp a aeod,COarams zsB
which owns the reservoir and EnWewoo0. o 80113
August 1988. District No. 2 was leases recreation rights to the district. 303-333.8000
MONICA Mika- Part.001 Page 1
Monica, Per your fax request,here are responses to all 9 items on the attached word document.
I definitely believe we are ready for the hearing on the 6th. It was just surprising that we needed
to provide a new submittal of all the detail documents including the Construction Drawings (72
pages)and Final Plat maps after the previous meetings we had where you explained that no new
submittal was required. Fortunately the entire team has been diligently working on the
updates due to oil and gas changes that have occurred weekly for the past 8 months along
with complying with the Resolutions items from the Planning Commission Hearing,which we
were told did not need to be complete until the Final Plat is recorded. The Pelican team has been
operating under these guidelines and that is why the documents are not yet 100%complete. Our
plan for the Hearing was to explain the basic changes since the Planning Commission Hearing
and show the New Oil and Gas Map that will be recorded showing the actual locations of all
wells,production facilities, flow lines and transmission lines. This map represents significant
work and promotes the safety and welfare of the Community. The rest of the presentation to the
County Commissioners will be very similar to the Planning Commission Hearing. We have
ensured that no significant changes were made to the plats or Master Plan since the Planning
Commission Hearing by maintaining the same lot counts etc. I am very concerned that you
feel that our work and efforts are "sloppy" and I think something else must be going on that I may
not be aware of. Paul Hernandez from Landmark engineering was explaining that the Plats he
was giving you today were not final and ready to record,not that they were Preliminary Plats. He
must not have explained it very well. I believe we will make an excellent presentation on the 6th
and will address all the issues from the 1999 rejection of the final plat. Would it be helpful to
meet with David Clinger and I prior to the hearing? Will you please send me any new referrals
that have come in since the Planning Commission Hearing so that we can review and be prepared
to respond to any and all issues. I expect we will have the usual opposition from surrounding
farmers and ranchers that basically say Pelican Lake Ranch is not compatible with the
surrounding uses,which is not at issue at this hearing. We will have opposition from Oil&Gas
if we are unable to reach final agreement on the SUA that we have diligently pursued for eight
months,but I am confident we can prove the we have reasonably accommodated all of their
existing and future wells and facilities. We will have the Paranto's, disgruntled residents due to
thinking they should have swimming pools, golf courses,etc with the 37 residents we currently
have. We will also have homeowners coming out in support of Filing No. 2 and the community.
Is there any other opposition that you are aware of? Thanks for your help and I appreciate you
calling me today. I am feeling quite poorly today and may not have responded very intelligently
to your issues today,but lets discuss further to make sure we are ready and professional before
the hearing next Wednesday. Christine
.
MONICA Mika - Beebe Draw Items needed Page 1
From: "Christine Hethcock" <christine@mho.net>
To: "Monica Mika" <mmika@co.weld.co.us>
Date: 7/30/03 5:36PM
Subject: Beebe Draw Items needed
Monica,
Per your fax request, here are responses to all 9 items on the attached word document.
I definitely believe we are ready for the hearing on the 6th. It was just surprising that we needed to provide
a new submittal of all the detail documents including the Construction Drawings (72 pages) and Final Plat
maps after the previous meetings we had where you explained that no new submittal was required.
Fortunately the entire team has been diligently working on the updates due to oil and gas changes that
have occurred weekly for the past 8 months along with complying with the Resolutions items from the
Planning Commission Hearing,which we were told did not need to be complete until the Final Plat is
recorded. The Pelican team has been operating under these guidelines and that is why the documents
are not yet 100% complete.
Our plan for the Hearing was to explain the basic changes since the Planning Commission Hearing and
show the New Oil and Gas Map that will be recorded showing the actual locations of all wells, production
facilities, flow lines and transmission lines. This map represents significant work and promotes the safety
and welfare of the Community. The rest of the presentation to the County Commissioners will be very
similar to the Planning Commission Hearing. We have ensured that no significant changes were made to
the plats or Master Plan since the Planning Commission Hearing by maintaining the same lot counts etc.
I am very concerned that you feel that our work and efforts are"sloppy"and I think something else must
be going on that I may not be aware of. Paul Hernandez from Landmark engineering was explaining that
the Plats he was giving you today were not final and ready to record, not that they were Preliminary Plats.
He must not have explained it very well. I believe we will make an excellent presentation on the 6th and
will address all the issues from the 1999 rejection of the final plat. Would it be helpful to meet with David
Clinger and I prior to the hearing?
Will you please send me any new referrals that have come in since the Planning Commission Hearing so
that we can review and be prepared to respond to any and all issues. I expect we will have the usual
opposition from surrounding farmers and ranchers that basically say Pelican Lake Ranch is not
compatible with the surrounding uses,which is not at issue at this hearing. We will have opposition from
Oil & Gas if we are unable to reach final agreement on the SUA that we have diligently pursued for eight
months, but I am confident we can prove the we have reasonably accommodated all of their existing and
future wells and facilities. We will have the Paranto's, disgruntled residents due to thinking they should
have swimming pools, golf courses, etc with the 37 residents we currently have. We will also have
homeowners coming out in support of Filing No. 2 and the community. Is there any other opposition that
you are aware of?
Thanks for your help and I appreciate you calling me today. I am feeling quite poorly today and may not
have responded very intelligently to your issues today, but lets discuss further to make sure we are ready
and professional before the hearing next Wednesday.
Christine
MONICA Mika - Mime.822 Page 4
respond to
any and all issues. I expect we will have the usual
opposition
from surrounding farmers and ranchers that basically say Pelican Lake
Ranch is
not compatible with the surrounding uses,which is not at issue at this
hearing. We will have opposition from Oil&Gas if we are
unable to
reach final agreement on the SUA that we have diligently pursued for
eight
months, but I am confident we can prove the we have reasonably
accommodated all
of their existing and future wells and facilities. We will have
the
Paranto's,disgruntled residents due to thinking they should have
swimming
pools,golf courses,etc with the 37 residents we currently have.
We will
also have homeowners coming out in support of Filing No.2 and the
community. Is there any other opposition that you are aware
of?</DIV>
<DIV> </DIV>
<DIV>Thanks for your help and I appreciate you calling me today. I
am
feeling quite poorly today and may not have responded very intelligently
to your
issues today, but lets discuss further to make sure we are ready and
professional before the hearing next Wednesday.</DIV>
<DIV> </DIV>
<DIV>Christine</DIV>
V>Christine</D I V>
<DIV> </DIV>
<D I V> </D I V></B O DY></H T M L>
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MONICA Mika - Mime.822 Page 3
<DIV>l definitely believe we are ready for the hearing on the 6th.
It was
just surprising that we needed to provide a new submittal of all the
detail
documents including the Construction Drawings(72 pages)and Final Plat
maps
after the previous meetings we had where you explained that no new
submittal was
required. Fortunately the entire team has been diligently
working on
the updates due to oil and gas changes that have occurred weekly
for the
past 8 months along with complying with the Resolutions items from
the
Planning Commission Hearing,which we were told did not need to be
complete
until the Final Plat is recorded. The Pelican team has been
operating
under these guidelines and that is why the documents are not yet 100%
complete. </DIV>
<DIV> </DIV>
<DIV>Our plan for the Hearing was to explain the basic changes since the
Planning Commission Hearing and show the New Oil and Gas Map that will
be
recorded showing the actual locations of all wells, production
facilities,flow
lines and transmission lines. This map represents significant work
and
promotes the safety and welfare of the Community. The rest of the
presentation to the County Commissioners will be very similar to the
Planning
Commission Hearing. We have ensured that no significant changes
were made
to the plats or Master Plan since the Planning Commission Hearing
by
maintaining the same lot counts etc. </DIV>
<DIV> </DIV>
<DIV>I am very concerned that you feel that our work and efforts are
"sloppy'
and I think something else must be going on that I may not be aware
of.
Paul Hernandez from Landmark engineering was explaining that the Plats
he was
giving you today were not final and ready to record, not that they were
Preliminary Plats. He must not have explained it very well.
believe we will make an excellent presentation on the 6th and will
address all
the issues from the 1999 rejection of the final plat. Would it be
helpful
to meet with David Clinger and I prior to the hearing?</DIV>
<DIV> </DIV>
<DIV>Will you please send me any new referrals that have come in since
the
Planning Commission Hearing so that we can review and be prepared to
r
MONICA Mika - Mime.822 Page 2
r
similar to the Planning Commission Hearing. We have ensured that no
significant changes were made to the plats or Master Plan since the
Planning Commission Hearing by maintaining the same lot counts etc.
I am very concerned that you feel that our work and efforts are"sloppy"
and I think something else must be going on that I may not be aware of.
Paul Hernandez from Landmark engineering was explaining that the Plats
he was giving you today were not final and ready to record, not that
they were Preliminary Plats. He must not have explained it very well.
I believe we will make an excellent presentation on the 6th and will
address all the issues from the 1999 rejection of the final plat. Would
it be helpful to meet with David Clinger and I prior to the hearing?
Will you please send me any new referrals that have come in since the
Planning Commission Hearing so that we can review and be prepared to
respond to any and all issues. I expect we will have the usual
opposition from surrounding farmers and ranchers that basically say
Pelican Lake Ranch is not compatible with the surrounding uses,which is
not at issue at this hearing. We will have opposition from Oil&Gas if
we are unable to reach final agreement on the SUA that we have
diligently pursued for eight months,but I am confident we can prove the
we have reasonably accommodated all of their existing and future wells
and facilities. We will have the Paranto's,disgruntled residents due
to thinking they should have swimming pools,golf courses, etc with the
37 residents we currently have. We will also have homeowners coming out
in support of Filing No.2 and the community. Is there any other
opposition that you are aware of?
Thanks for your help and I appreciate you calling me today. I am
feeling quite poorly today and may not have responded very intelligently
to your issues today, but lets discuss further to make sure we are ready
and professional before the hearing next Wednesday.
Christine
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<DIV><FONT size=3>Monica,</FONT></DIV>
<DIV><FONT size=3></FONT> </DIV>
<DIV><FONT size=3>Per your fax request,here are responses to all 9
items on the
attached word document. </FONT></DIV>
<DIV> </DIV>
Es"
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Reply-To:"Christine Hethcock"<christine@mho.net>
From:"Christine Hethcock"<christine@mho.net>
To: "Monica Mika"<mmika@co.weld.co.us>
Subject: Beebe Draw Items needed
Date:Wed, 30 Jul 2003 17:52:34-0600
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Monica,
Per your fax request, here are responses to all 9 items on the attached
word document.
I definitely believe we are ready for the hearing on the 6th. It was
just surprising that we needed to provide a new submittal of all the
detail documents including the Construction Drawings(72 pages)and
Final Plat maps after the previous meetings we had where you explained
that no new submittal was required. Fortunately the entire team has
been diligently working on the updates due to oil and gas changes that
have occurred weekly for the past 8 months along with complying with the
Resolutions items from the Planning Commission Hearing,which we were
told did not need to be complete until the Final Plat is recorded. The
Pelican team has been operating under these guidelines and that is why
the documents are not yet 100%complete.
Our plan for the Hearing was to explain the basic changes since the
Planning Commission Hearing and show the New Oil and Gas Map that will
be recorded showing the actual locations of all wells, production
facilities,flow lines and transmission lines. This map represents
significant work and promotes the safety and welfare of the Community.
The rest of the presentation to the County Commissioners will be very
r
MONICA Mika- Re: Beebe Draw Items needed Page 1
From: MONICA Mika
To: "christine@mho.net".GWIA.CENTDOMAIN
Subject: Re: Beebe Draw Items needed
Thanks for the email, and the telephone call. I am very pleased to have the surface agreement. I will give
a copy to county staff for review.
In regard to the plats, there are four different ones: The overall master plan, the construction drawings,
the official plats, and the JL Walters plats. You are correct, that the construction drawings are generally
not finished until after the presentation to the BOCC, however because this is a final plat the BOCC must
have some type of an official plat in hand in order to make a recommendation on the case.
The reason for the confusion is that none of the plats received has consistent information included on
them. I will do my best to find this inconsistency, especially in regard to incorrect information. For
example, the Official plat has a note that says the oil and gas set back is 300 feet, this certainly is
confusing. Nevertheless, I will continue with the review and give you a copy of any proposed changes or
modifications I have to the plats. I can not guarantee a time for this information.
I was under the impression that you were going to make a matrix of changes, I am really only concerned
about the lot changes. I do not want to confuse this request with the changes that the PC asked for. As
we discussed the" Prior to Recording" plat information is not required prior to the hearing on Wednesday,
obviously any time an issue has been resolved prior to the hearing is good.
I am glad you are feeling better, hang in there.
>>> "Christine Hethcock" <christine@mho.net> 07/30/03 05:52PM >>>
Monica,
Per your fax request, here are responses to all 9 items on the attached word document.
I definitely believe we are ready for the hearing on the 6th. It was just surprising that we needed to provide
a new submittal of all the detail documents including the Construction Drawings (72 pages) and Final Plat
maps after the previous meetings we had where you explained that no new submittal was required.
Fortunately the entire team has been diligently working on the updates due to oil and gas changes that
have occurred weekly for the past 8 months along with complying with the Resolutions items from the
Planning Commission Hearing,which we were told did not need to be complete until the Final Plat is
recorded. The Pelican team has been operating under these guidelines and that is why the documents
are not yet 100% complete.
Our plan for the Hearing was to explain the basic changes since the Planning Commission Hearing and
show the New Oil and Gas Map that will be recorded showing the actual locations of all wells, production
facilities, flow lines and transmission lines. This map represents significant work and promotes the safety
and welfare of the Community. The rest of the presentation to the County Commissioners will be very
similar to the Planning Commission Hearing. We have ensured that no significant changes were made to
the plats or Master Plan since the Planning Commission Hearing by maintaining the same lot counts etc.
I am very concerned that you feel that our work and efforts are"sloppy"and I think something else must
be going on that I may not be aware of. Paul Hernandez from Landmark engineering was explaining that
the Plats he was giving you today were not final and ready to record, not that they were Preliminary Plats.
He must not have explained it very well. I believe we will make an excellent presentation on the 6th and
will address all the issues from the 1999 rejection of the final plat. Would it be helpful to meet with David
Clinger and I prior to the hearing?
Will you please send me any new referrals that have come in since the Planning Commission Hearing so
that we can review and be prepared to respond to any and all issues. I expect we will have the usual
opposition from surrounding farmers and ranchers that basically say Pelican Lake Ranch is not
MONICA Mika Re: Beebe Draw Items needed Page 2
compatible with the surrounding uses, which is not at issue at this hearing. We will have opposition from
Oil & Gas if we are unable to reach final agreement on the SUA that we have diligently pursued for eight
months, but I am confident we can prove the we have reasonably accommodated all of their existing and
future wells and facilities. We will have the Paranto's, disgruntled residents due to thinking they should
have swimming pools, golf courses, etc with the 37 residents we currently have. We will also have
homeowners coming out in support of Filing No. 2 and the community. Is there any other opposition that
you are aware of?
Thanks for your help and I appreciate you calling me today. I am feeling quite poorly today and may not
have responded very intelligently to your issues today, but lets discuss further to make sure we are ready
and professional before the hearing next Wednesday.
Christine
MONICA Mika Answers for Planning Department Questions.doc Page 1
Answers for Planning Department Questions
1. Construction Drawing Sheets for proposed changes. Milestone Engineering will deliver the 3 ,
V2 scale sheets(72)Wednesday.
2. Copies of Oil& Gas agreements.
There are numerous agreements that will be replaced by the new SUA for the Union Pacific
sections(the odd numbers sections). These can be provided,or the 7-11-03 draft REI proposed
can be provided. There are also existing agreements covering the portions of Sections 4 and 8
that are within Filing No. 2 with EnCana and Patina and can be provided. Patina may execute a
new SUA for Section 4 if the new SUA for the Union Pacific lands is completed. EnCana has
not expressed any interest in a new SUA and has not objected to the master plan for Filing No.2.
Let me know if you want these sent to you. I will send you the current proposed SUA that REI
and the Metro District have agreed to sign.
3. Agreement to 150 and 200 foot radius.
The gas companies have agreed to this in the unsigned Surface and Use Agreement. This is
included in the new SUA for the Union Pacific sections.
4. Participation in recent discussions.
See 2 above. All owners of oil and gas rights have participated in the negotiation of the new
SUA for the Union Pacific sections,except EnCana. EnCana owns no rights in the Union Pacific
sections,has not expressed any interest in a new SUA and has not objected to the master plan for
Filing No. 2. The master plan does not conflict with the existing agreements with EnCana.
5. New minimum lot size.
The minimum lot size has not changed. It remains 2.5 acres.
6. Buildable area on lots with building envelopes.
Building envelopes were identified on some lots in order to assure that structures that would
include sources of ignition would not be located closer than 75 feet from gas pipelines as is
provided in the new SUA for the Union Pacific lands. David Clinger's office is calculating the
actual acreage of each building envelope and I will provide that information as soon as it is made
available to me.
7. Defined easements for flow lines.
Currently,there are no defined easements for flow lines. The new SUA for the Union Pacific
lands would include an easement grant of 10 feet on each side of the outside of the pipeline(s).
8. Building activities outside building envelope.
The restrictions in the new SUA for the Union Pacific lands include(a)no permanent structures
within the 150 and 200 foot circles;and(b)no sources of ignitions(e.g., furnaces or hot water
heaters)within 75 feet of pipelines.
4
MONICA Mika -Answers for Planning Department Questions.doc Page 2
9. Phasing plan.
The Phasing plan was purposely named,not numbered so that each Phase can be determined
based on the current market and reasonableness at the time to construct a new Phase as per our
last two discussions. I have also discussed this Phasing with Public Works. Additionally,one
amenity will be built with each of the 14 phases. If you would like me to guess which phases
will be built next,I would say that the Phases contiguous to existing Filing No. 1 phases will be
built next.
r
_ r'waunn Z001
Charles Carpenter -
Attorney at Law P
1775 Sherman St.,Suite 2550 f
Denver,Colorado 80203
Telephone: (303)831-1745 Facsimile: (303)839 9318
FACSIMILE TRANSMISSION
DATE: August 1, 2003
TO: Monica Mika
COMPANY/FIRM: Weld County Planning
TELECOPY NO.: 970-304-6498
MESSAGE:
NO. OF PAGES: 14 (including transmittal sheet)
IF YOU DO NOT RECEIVE ALL THE PAGES, OR ENCOUNT?R ANY DIFFICULTIES WITH
THIS TRANSMISSION, PLEASE CALL OUR OFFICE AT(303) 831-1745.
The information contained in this facsimile transmission is intent ed only for the use of the
desiiated recipient named above. This transmission may be an ittomey-client communication
and, as such, is privileged and confidential. If you have received this transmission in error, any
review, dissemination, distribution or copying of this message is ;trictiy prohibited, and you
should immediately notify this office by telephone and return the original facsimile to this office
by mail.
•
I. EXHIBIT
S' .fte,
-- ----
IQ 002
•
SURFACE USE AGREED IENT
THIS SURFACE USE AGREEMENT ("Agreemen t") is made and entered into this 30th
day of July, 2003, by and among ANADARKO E&P :OMP--ANY LP ("Anadarko E&P"),
formerly known as RME Petroleum Company and 1Inion Pacific Resources Company,
ANADARKO LAND CORP. ("Anadarko Land"), forme-ly known as RME Land Corp. and
Union Pacific Land Resources Corporation (together the "Anadarko Entities"), both with an
address of Post Office Box 1330, Houston, Texas 77251-1330; KERR-MCGEE ROCKY
MOUNTAIN CORPORATION ("Kerr-McGee") with an a idress of 1999 Broadway, Suite 3600,
Denver, Colorado 80202, PATINA OIL & GAS CORPORATION (Patina Oil") and SOCO
WAT I'ENBERG CORPORATION ("SOCO") both with an address of 1625 Broadway, Suite
2000, Denver, Colorado 80202 (together "Patina"); K'.rr-McGee, Patina, SOCO, and the
Anadarko Entities are sometimes referred to hereinafter co lectively as the "Oil Companies") and
REI, LIMITED LIABILITY COMPANY ("REI") and BEF.RE DRAW FARMS
MEIROPOLITAN DISTRICT No. 2 ("District"), both w.th an address of c/o Gibraltar Equity
Investments, LLC with an address of 3600 South Logan S reet, Suite 200, Englewood, Colorado
80113 (REI and the District are sometimes referred to herei wafter together as "Surface Owner").
WHEREAS:
A. Surface Owner owns the surface estate i or certain property located in Weld
County, Colorado, identified as the S/2; S/2N/2 and NE/411E/4 of Section 5 and all of Sections 9
and 17, Township 3 North, Range 65 West,which is referrt d to hereinafter as the "Property."
B. The Anadarko Entities own all of the miners Is that underlie the Property.
C. Anadarko E&P owns the oil, gas and assoc ated liquid hydrocarbons that underlie
the Property, and Anadarko Land owns all of the mineral; (including coal) exclusive of oil, gas
and associated liquid hydrocarbons under the Property, as >tell as a reversionary interest in the oil,
gas and associated liquid hydrocarbons.
D. Kerr-McGee and Patina each own certain oil and gas leasehold rights in various
portions of the Property granted by Anadarko E&P or pred:cessor companies to Anadarko E&P.
E. With respect to the portion of the Property i i Section 5: Kerr-McGee owns certain
oil and gas leasehold rights in the Section and operates sev,atteen wells located in the Section, two
in the S/2NW/4, four in SW/4, five in the NE/4, and six in he SE/4-
F. With respect to Section 9: (i) Kerr-McG:e owns certain oil and gas leasehold
rights in the Section and operates twelve wells located in tie Section, two in the NW/4, six in the
NE/4 and four in the SE/4; and (ii)Patina owns certain oil and gas leasehold Tights in the Section
and operates eight wells located in the Section, four in eacl of the NW/4 and SW/4.
G. With respect to Section 17: (i) Kerr-McC ee owns certain oil and gas leasehold
rights in the Section and operates seven wells located in ti le Section, five in the NE/4 and two in
003
the NW/4; and (ii) Patina owns certain oil and gas leaseh Ad rights in the Section and operates
twelve wells in the Section, four in each of the NW/4, SW/4 and SE/4.
H. Current Colorado Oil and Gas Conservatio a Commission ("COGCC") rules and
regulations allow the owners and/or lessees of the oil and €as for the Property to locate wells in a
400 foot square around the center of each quarter-quarter : ection and an 800 foot square around
the center of each quarter section without obtaining approve.1 for an exception location.
I. Surface Owner plans to develop the surface )f the Property as an equestrian center
and for residential uses.
J. The parties enter into this Agreement to ,rovide for the coexistence and joint
development of the surface estate and the oil and gas es ate and to delineate the process with
which they wilI comply with respect to the development of the two estates.
K. This Agreement is limited to the compatible development of the surface estate and
the oil and gas estate. It does not in any respect apply to 1 he minerals other than the oil, gas and
associated liquid hydrocarbons owned by Anadarko Land.
NOW THEREFORE, in consideration of the cove:'ants and mutual promises set forth in
this Agreement, including in the recitals, the parties agree z s follows:
1. Wellsite Locations.
a. The Oil Companies shall drill and operate oil and/or gas wells only within the
locations identified on Exhibit A as the 150' Well Radius ("Wellsite Locations"). The Wellsite
Locations include the wellsites for the existing wells and also the four future Wellsite Locations
for oil and gas wells to be located in the areas identified a; Wellsite Locations in the SW/4SW/4
and the SW/4NE/4 of Section 5 and in the SW/4SW/4 of£ection 9 and NE/4SW/4 of Section 17.
The future Wellsite Locations are hereinafter referred to specifically as the "Future Wellsite
Locations" and are included within the term "Wellsite Loc, lions."
b. Operations and uses at the Wellsite Loce Lions include, but are not limited to.
drilling, completion, and maintenance of wells and equipn ent, production operations, workovers,
well recompletions and deepenings, fracturing,twinning ax.d the drilling of replacement wells and
the location of associated oil and gas production and drill's g equipment.
c. Each Wellsite Location shall include an are x which is a circle with a radius of 150
feet as depicted on Exhibit A.
d. The Oil Companies shall continue to have i he right to drill additional wells and to
install additional oil and gas equipment and facilities in :ach Wellsite Location and to deepen,
recomplete or twin any well that is drilled or has been drill xi.
2
1IUU4
2. Production Facility Locations.
a. The Oil Companies shall locate, build, n pair and maintain tanks, separators,
dehydrators, compressors and all other associated oil and ,;as drilling and production equipment
and facilities only within the Wellsite Locations and w thin the other locations depicted on
Exhibit A as the 200' Separator or Battery Radius ("Produc tion Facility Locations"). Each of the
Oil Companies shall continue to have the right to opera e and maintain all equipment that is
currently installed on the Property and to install new it additional equipment within such
locations, unless and until a particular Oil Company ag tes to relocate such equipment in a
separate agreement with Surface Owner.
b. Each Production Facility Location shall im Jude an area which is a circle with a
radius of 200 feet as depicted on Exhibit A, centered on the facility.
3. The Oil and Gas Operation Areas. Wells to Locations and Production Facility
Locations and Uses Within the Areas and Locations.
a. In addition to the areas within the Wellsite Locations and the Production Facility
Locations, the Oil Companies shall continue to have the r ght to conduct oil and gas exploration
and production operations in the areas identified on Exl ibit A as the "Enlarged Well Areas"
which are referred to hereinafter as the Oil and Gas Op nations Areas. The rights of the Oil
Companies to conduct oil and gas operations within the t✓eilsite Locations, Production Facility
Locations and Oil and Gas Operations Areas shall be none? elusive with respect to each other.
b. Surface Owner may plat surface property li nes within the Oil and Gas Operations
Areas; however, no permanent buildin_, structure, or other improvement shall be constructed or
installed by Surface Owner within the Wellsite Locations, Production Facility Locations and Oil
and Gas Operations Areas, except for the roads and detenti m ponds identified in Exhibit A.
c. Surface Owner may not install or construe t any temporary building, structure or
other improvement within the Wellsite Locations except I x the soft surface trails or horse trails
identified in Exhibit A.
d. Surface Owner may not install or construe t any temporary building, structure or
other improvement within the Production Facility Locatii es in the area that extends from such
facility to a radius of 150 feet except for the soft surfs:e trails, horse trails and landscaping
identified in Exhibit A; however, Surface Owner may in;tall or construct temporary buildings,
structures or other improvements within the Production Fa:ility Locations in the area that extends
from the 200-foot perimeter of the Production Facility Lc cation to 150 feet from the location of
the production equipment and also within the Oil and Gas Operations Areas (other than the areas
within the Wellsite Locations and the areas within the P roduction Facility Locations) with the
approval of the applicable Oil Company.
e. Subject to the prohibitions of Sections 3a i hrough 3d above, Surface Owner may
install or construct temporary structures or improvements within Future Wellsite Locations until
such time as an Oil Company notifies Surface Owner th at it intends to commence oil and gas
3
•
WJ UUJ
operations at the Future Wellsite Location. At the request of the Oil Company, Surface Owner
shall remove such temporary structures and improvement within twenty days from the date it
receives notification from the Oil Company at the cost and c xpense of Surface Owner.
f. Except as otherwise provided in subsectiors 3.c., 3.d. and 3.e., the Oil and Gas
Operations Areas shall be for the exclusive use of oil and ga s operations and production.
4. Access to Oil and Gas Operations Areas.
a. Surface Owner acknowledges and understa nds that the Oil Companies have the
right to continue to use the access routes that they are cur•ently using to access the Oil and Gas
Operations Areas until and as they are replaced by the per nanent access roads to and within the
Oil and Gas Operations Areas, including the Future We]Isite Locations, that are identified on
Exhibit A. Roads identified on Exhibit A and constructed by the Surface Owner for the general
use of the public and Oil Companies within the Subdivision shall be referred to herein as
"Subdivision Roads." Roads identified on Exhibit A as r:placements for current Oil Company
access routes, and restricted in their use to providing access to Oil and Gas Operations Areas.
shall be referred to as "Permanent Access Routes." At ;uch time as Surface Owner provides
written notice to Oil Companies that it has begun surfac e development in the vicinity of any
existing access route, and that it has constructed the Subdi'ision Roads designated in such notice,
Oil Companies chall relocate the access roads designs ted in such notice. Thereafter, Oil
Companies shall use only the Subdivision Roads and P:rmanent Access Routes identified in
Exhibit A and specified in the notice to access their facilit ies, Surface Owner will construct and
maintain Subdivision Roads, including curb cuts, turneuts, ditches, culverts and such other
facilities as are necessary to give access from the Subdii ision Roads to the Permanent Access
Routes, Oil Companies shall construct and maintain the Permanent Access Routes referred to
above at their expense.
b. Construction and Width of Access Roads.
(1) Subdivision Roads, access t Dads or portions of access roads that
will be jointly used by the Oil Companies and Surface Owner shall be twenty-five (25)
feet or more in width, and Surface Owner sha 1 construct or improve all paved or
improved joint access roads so as to withstan 3 the weight of oilfield equipment.
Specifically, Surface Owner shall construct the roe!is so that they can be used to withstand
a minimum gross vehicle weight of 104,000 pound; and 26,000 pounds per axle.
(2) Permanent Access Roads 1 aat are used exclusively by the Oil
Companies shall be twenty-five (25) feet or more in width, and the Oil Companies shall
install and maintain them to applicable state and local standards for oil and gas operations_
(3) Access roads or portions of:ccess roads that the Oil Companies arc
currently using to access the Oil and Gas Operat ons Areas and which will be used by
Surface Owner for the subdivision shall be maintai ied by the applicable Oil Companies in
accordance with state and local standards for oil and gas operations until such time as
Surface Owner begins development of the Propert l in that area, after which time Surface
4
...... o�lo rewmvnn
Zoos
Owner shall keep such roads in good condition and repair until such roads are dedicated to
the local jurisdiction.
c. If an Oil Company causes damage to a ro ul that is jointly used by both an Oil
Company and the subdivision occupants and that was con eructed according to the standards set
forth herein, the applicable Oil Company agrees to promr fly repair any damage which it causes
which is a direct result of its use of the road.
d. No party shall interfere with the use by the other of a Subdivision Road; provided
however, that certain operations conducted by the Oil C ampanies which involve the use of a
drilling or service rig or other heavy equipment may ret uire that access be restricted to local
traffic during limited periods along limited portions of a subdivision Road, and Surface Owner
agrees to restrict such access upon twenty days advance wr tten notice from the Oil Company.
e. Surface Owner shall plan, construct aid install the subdivision and the
infrastructure of the subdivision so as not to interfere with or delay the ongoing operations of the
Oil Companies on the Property.
5. Pipelines,Flowlines and Easements_
a_ Surface Owner acknowledges and underst aids that the Oil Companies and their
affiliates have the right to continue to use the flowlines, pipelines and pipeline easements that
they are currently utilizing to service the existing wells at•he Wellsite Locations and to construct,
repair, maintain and replace such flowlines and pipelines.
b. Existing flowlines and pipeline easements t nd flowlines and pipeline easements to
be installed in the future are or shall be at the locations ide:fified on Exhibit A.
c. Surface Owner will take such measures when grading, contouring, scraping,
building roads, or installing any infrastructure as are necessary to ensure that existing flowlines
and pipelines remain no less than forty eight and no me re than sixty inches below the ground
surface_ In the event that such activities would leave flowl nes or pipelines less than forty eight or
more than 60 inches below the surface, the applicable Oi Company may take such measures as
are necessary to return flowlines or pipelines, as the ca e may be, to the correct depth. Such
measures may include, but are not limited to, raising or 1)wering already installed pipelines and
flowlines, The applicable Oil Company shall provide St:face Owner with a written estimate of
the costs of such measures which Surface Owner that thereafter promptly remit to the Oil
Company. The payment shall be adjusted up or down ups an completion of the work and after an
itemised statement is provided to Surface Owner.
d. Flowlines and pipelines to be installed in t to future shall be installed at depths of
approximately forty eight(48)inches below the surface of the ground.
e. Locations of flowline and pipeline easements may be changed by mutual
agreement of the applicable parties; provided, however, al costs and expenses of such relocations
shall be borne by the party which requests the relocation. In the event that the parties agree to the
5
.• .�. .. a.�a JVJ VJV 0010 nunulxr, WJ 007
relocation of a pipeline or flowline, the applicable Oil C impany shall provide Surface Owner
with a written estimate of the relocation costs which Sul face Owner shall thereafter promptly
remit to the Oil Company. The payment shall be adjuster. up or down upon completion of the
work and after an itemized statement is provided to Surface Owner.
i. Where existing flowlines and pipeline; are located within the boundaries of
existing easements that are deeded, described and recorded the width of each such easement shall
be as specified in the granting deed. If no width is s pecified in such granting deed, then
easements for existing flowlines and pipelines shall exte ad ten feet beyond the vertical plane
tangent to each side of each existing flowline or pipeline.
ii. Where existing flowlines and pi)elines are not located within the
boundaries of existing deeded and described easements, Surface Owner shall grant, and does
hereby grant,permanent exclusive easements extending tet feet beyond the vertical plane tangent
to each side of each existing flowline or pipeline shown on Exhibit A.
iii. Where multiple flowlines, pipelines or any combination of flowlines and
pipelines are located within such proximity to one anon her that their easements encroach or
overlap and are substantially parallel to one another, Surfs ce Owner shall gram, and does hereby
grant, a permanent exclusive easement extending ten feet I eyond the vertical plane tangent to the
outside walls of the outermost of such flowlines or pipelines.
iv. Oil Companies have identified the a aticipated locations of future flowlines
and pipelines to be built on the Property. Surface Owner si all grant, and does hereby grant, to Oil
Companies, their successors and assigns, a permanent xclusive easement for operation and
maintenance of flowlines, pipelines and appurtenant equil meet at the location shown on Exhibit
A. The width of the designated future easements for flow ines and pipelines, and the constraints
on their use, shall be in accordance with this Section 5. The width of such easements shall be
expanded temporarily during construction of flowlines •u pipelines, to fifty feet total width.
Surface Owner shall not install or construct, or allow or c fuse to be installed or constructed, any
source of ignition within 75 feet of an existing flowline oa pipeline, or future easement facilities.
No permanent building, structure or other improvement shall be constructed or installed within
the boundaries of the easements affirmed or granted herei a, except for the trails and landscaping
areas identified in Exhibit A.
v. All easements affirmed or grantee in this Agreement shall be for the
exclusive use of Oil Companies for the installation, Dperation, maintenance and repair of
flowlines, pipelines, and appurtenant equipment that w ill be used to produce, gather, treat,
transport or distribute oil, gas, liquid hydrocarbons, and iaer, whether treated or untreated. Oil
Companies, their successors, assigns, affiliated companies, parent companies, and subsidiaries,
may use any of the flowlines and pipelines located in the easements to produce, gather, transport
or distribute oil, gas, liquid hydrocarbons, and water for i hemselves or for third parties, without
regard to ownership or provenance of such substances.
vi. Notwithstanding anything to the contrary expressed herein, and subject to
Section 3 of this Agreement, Surface Owner, its successc rs and assigns, may use the surface of
6
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gins
the ground within the boundaries of the easements affirmed or granted in this Section 5 for
recreational uses, open space uses, walking paths, soft surface equestrian trails, and similar
temporary uses, provided that such uses do not interfere v ith Oil Companies use of or access to
flowlines or pipelines located or to be located therein.
f. Surface Owner may cross flowline or pil reline easements affirmed or granted
herein to install, operate and maintain streets, curbs, gutters, sidewalks,utility service lines, cables
or facilities, including those for water, gas, sewer, elect icity, telephone, television, and fiber
optics, provided that no such streets, curbs, gutters, sic ewalks lines, cable or facilities shall
interfere with Oil Companies use of the easements affirmed or ganted herein, and provided
further that 1) any such crossing shall be at substantially E;;ht angles to the easements affirmed or
granted herein; 2) if any such streets, curbs, gutters, sidev alks lines, cables or facilities are laid
substantially parallel to flowlines or pipelines, they shat be located at a minimum horizontal
distance of ten feet from any flowline and fifteen feet fro:n any pipeline; 3) any lines, cables or
facilities that cross flowlines or pipelines shall be separate 3 vertically by a minimum distance of
twenty four inches; 4) any overhead power lines shall b e not less than twenty feet above the
pound.
g. Within eighteen months following the effective date of this Agreement, Surface
Owner shall execute such documents as are necessary t) grant and record metes and bounds
descriptions of the existing and future pipeline easements shown on Exhibit A to the applicable
Oil Companies in a form prepared by Oil Companies the t is consistent with the grant set forth
above.
h- Existing flowlines that are crossed or de:igned to be crossed by impermeable
barriers installed by the Surface Owner (i.e. paved streets, parking lots, curbs, gutters and
sidewalks)shall be removed and replaced or originally cot strutted with casing sleeves with risers
at each end. The applicable Oil Company shall, in such event, provide Surface Owner with a
written estimate of the relocation or replacement costs which Surface Owner shall thereafter
promptly remit to the Oil Company. The payment shall lot adjusted up or down upon completion
of the work and after an itemized statement is provided to Surface Owner. Future flowlines that
cross or are designed to cross existing impermeable barriers installed by Surface Owner shall be
constructed with such casing sleeves with risers at the cost of the applicable Oil Company.
6. Subdivision Plat. Surface Owner shall ider tify the Wellsitc Locations, Production
Facility Locations, Oil and Gas Operations Areas, Sub(ivision Roads and Permanent Access
Roads to the Wellsite Locations and Production Facility Locations on its subdivision plats and
shall also use its best efforts to identify all existing access I outes, pipelines, flowlines and pipeline
easements on its subdivision plats, including the incorpora ion of information provided by the Oil
Companies and available in the public records. The lats shall include restrictions that no
permanent build; g, structure, or other improvement sht Il be located, constructed or installed
within the Wellsite Locations, Production Facility Locations or Oil and Gas Operations Areas and
that no temporary structure or improvement shall be consb acted or installed within such locations
or areas, except as otherwise provided herein in subsecti)ns 3.c., 3.d. and 3.e. Surface Owner
shall record the subdivision plat in the Office of the Clc rk and Recorder of Weld County and
provide written notice to the Oil Companies within 15 day of recording.
7
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7. Surface Damage Payments and Waiver c f Surface Damage Payments. The
applicable Oil Company agrees to pay Surface Owner the ;um of Three Thousand Five Hundred
Dollars ($3,500) for the first well hereafter drilled at a Fut re Wellsite Location on the Property.
Such payments include settlement for the flowlines and suit ace facilities associated with the well.
Surface Owner otherwise hereby waives all other surface damage payments pursuant to any
COGCC or local regulation, state statute, common law or p cior agreement covering all or portions
of the Property for each and every well and related wellsii a that is drilled, deepened, twinned or
recompleted at a Wellsite Location. The Oil Companies c.r their lessees or their assignees may
provide a copy of this Agreement to the COGCC as evi lence of this waiver. This waiver of
surface damage payments shall not apply to benefit a pat titular Oil Company, however, in the
event that the Oil Company is in material breach of this. Agreement, but only insofar as this
Agreement affects such Oil Company.
S. Waiver of Setback Requirements. Surface Dwner and Oil Companies understand
and acknowledge that the COGCC and other govemmenta. authorities have rules and regulations
that apply to the distance between a wellhead and public- roads, production facilities, building
units and surface property lines, among other things_ Surf ice Owner and Oil Companies hereby
waive all setback requirements in COGCC Rule 603, or a iy successor rule or amendment to the
COGCC setback rules, and to any other state or local setba zit requirements, or other requirements
or regulations, that are or become inconsistent with this Agreement or that would prohibit or
interfere with the rights of the Oil Companies or their le:sees and assignees to explore for and
produce the oil and gas in accordance with this Agreement Surface Owner understands, and shall
notify parties who purchase all or portions of the Prope ty from Surface Owner, that Surface
Owner or the Oil Companies may cite the waiver in this section 8 in order to obtain a location
exception or variance under COGCC rules or from a local urisdiction_ Surface Owner also agrees
that it will not object in any forum to the use by the Oil Companies of the surface of the Property
consistent with this Agreement and that it will provide thf Oil Companies with whatever written
support they may reasonably require to obtain permits iron.the COGCC or a local jurisdiction.
9. Impact Mitigation.
a Except as may be otherwise provided in E thibit B, Surface Owner shall bear all
costs to install such noise and visual impact mitigation measures it desires or the County requires
at or around the Wellsite Locations and Production Facilit' Locations which are in excess of or in
addition to those measures which are required by COG CC regulations for areas that are not
considered to be high density under COGCC rules and ra Dilations; provided, however, that the
operator of the well at a particular Wellsite Location or I roduction Facility Location shall have
discretion to veto the mitigation measures proposed when those measures would compromise the
safety of oil and gas operations.
b. The parties shall comply with the provis ens in Exhibit B with respect to the
matters included in the Exhibit.
10. Compliance with State Regulations. The Oil Companies shall comply with the
applicable rules and regulations of the COGCC in conduc ling their oil and gas operations on the
8
LQJolo
Property, including all requirements for notice of drilling a id subsequent well operations and for
the reclamation and plugging and abandonment of wells. This agreement to comply with such
rules and regulations,however, shall not create a private rig at of action.
11. Notices of Hearings. _
a. Surface Owner shall provide the Oil Cory anies with written notice not less than
thirty (30)days before each hearing for approval of a plat a rplication or other land use application
for the Property or portions of the Property that is to be hell before the County.
b. The Oil Companies shall provide Surface C wner with written notice not less than
twenty (20) days before each COGCC hearing that specif tally concerns their operations on the
Property, not including hearings that apply generally to oil and gas operations on or in the vicinity
of the Property.
12. Notice to Homeowners and Builders. R11 or the District, as applicable, shall
provide a copy of this Agreement to builders and develope-s which purchase all or any portion of
the Property from Surface Owner, or either of them, and to all homeowners associations
governing all or any portion of the Property. REI and the I fistrict shall also provide a copy of this
Agreement and a statement to each person or entity who :nters into a contract to purchase a lot
from Surface Owner which is adjacent to, or any part of'vhich is within, a Wellsite Location, a
Production Facility Location or a flowline or pipeline ca;ement that the surface estate and the
mineral estate have been severed, that Surface Owner does not own the minerals and that specific
locations have been reserved by the Oil Companies for exi ring and future oil and gas operations.
13. Release and Indemnity.
a Each party shall be and remain responsil le for all liability for losses, claims,
damages, demands, suits, causes of action, injuries to persons or property, fines, penalties,
expenses and liabilities, including without limitation attorneys' fees and other costs associated
therewith (all of the aforesaid herein referred to collectively as "Claims"), arising out of, caused
by or connected with each such party's ownership or ope'ations, including the acts or omissions
of each such parties' agents, contractors, sub-contractors t r other invitees on the Property. Each
such party shall release, defend, indemnify and hold the other parties, their officers, directors,
employees, successors and assigns, harmless against all sw:h Claims that arise from its negligence
or willful acts. This provision does not, and shall not be c instrued to, create any rights in persons
or entities not a party to this Agreement, nor does it crea:e any separate rights in parties to this
Agreement other than the right to be indemnified for Clairr s as provided herein.
b. The indemnities of any party herein shall n at cover or include any amounts which
the indemnified party may recoup from any third party, or for which the indemnified party is
reimbursed by any third party. The indemnities in this Agi Bement shall not relieve any party from
any obligations to third parties.
c. If a Claim is asserted against a party for wh.ch another party would be liable under
the provisions of this Section 13, it is a condition p:ecedent to the indemnifying party's
9
UV/ Vim, uQ ic.c< rae uuu 048 83121 YADMORE O011
obligations hereunder that the indemnified party give the indemnifying party written notice of
such Claim setting forth all particulars of the Claim, as kno•vn by the indemnified party, including
a copy of the Claim (if it is a written Claim). The indemnif ed party shall make a good faith effort
to notify the indemnifying party within thirty (30) days of its discovery of a Claim or within such
time as will allow the indemnifying party to defend against ;uch Claim.
14. Governmental Proceedings.
a. Surface Owner will not object in any forum to the use by the Oil Companies of the
surface of the Property consistent with this Agreement tnd hereby waives any such right to
object. Surface Owner shall provide to the Oil Compani;:s such written approvals and waivers
which are reasonably requested and consistent with this Al reement, including, but not limited to,
all approvals and waivers to drill a well or to conduct a.1 and gas operations on the Property
because of any law or regulation, including any local ordi lance and regulations of the COGCC,
and including, for example, waivers to state and local se1'back requirements and to any setback
requirement from a surface property line or for an except on location. Surface Owner shall not
directly or indirectly oppose or encourage opposition 1D any Oil Company in any agency,
administrative body, county or other state or local proceed.ng relating to the operations of die Oil
Companies on the Property; provided that the Oil Coml antes' position in such proceeding is
consistent with this Agreement. This shall not preclude Surface Owner from participating and
offering comments in any proceeding that pertains genera ly to oil and gas operations or surface
use.
b. The Oil Companies will not object in any f irum to a request by Surface Owner to
use, annex, zone, rezone,plat or replat all or any portion of the Property to the extent such request
is consistent with this Agreement. The Oil Companies shall provide to Surface Owner such
written waivers which are reasonably requested and consi:tent with this Agreement, including to
the approval of the Filing H subdivision without the hr position of any conditions other than
compliance with this Agreement. The Oil Companies sh ill not directly or indirectly oppose or
encourage opposition to Surface Owner in any agency, ad ninistrative body, county or other state
or local proceeding relating to Surface Owner's operations and development of the Property;
provided that Surface Owner's position in such proceedi ag is consistent with this Agreement.
This shall not preclude the Oil Companies from participating and offering comments in any
proceeding that pertains generally to surface development;nd use.
15. Individual Liability. The liability of the O 1 Companies and of Surface Owner to
perform any covenant hereunder is individual and not joint or collective. Nothing in this
Agreement is intended to enlarge or diminish any right or 3bligation created by any agreement or
lease or assignment of lease between Kerr-McGee or Patina or their predecessors and the
Anadarko Entities or their predecessors. The Anadarko Ei itities shall in no event be liable for the
acts or omissions of their farmoutees,lessees or assignees I,f such parties.
16. Authority to Execute Agreement. Each ix rty represents that it has the full right
and authority to enter into this Agreement with respect to he surface rights, oil and gas interests,
or oil and gas leasehold interests it owns in the Property, a applicable.
10
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012
17. Successors and Assigns. This Agreement :and all of the covenants in it shall be
binding upon the personal representatives, heirs, successor 5 and assigns of all of the parties, and
the benefits of this Agreement shall inure to their persona representatives, heirs, successors and
assigns. This Agreement and all of the covenants in it shall be covenants running with the land.
18. Recording. The Oil Companies shall reco d this Agreement with the Clerk and
Recorder of Weld County and provide evidence to Surface Jwner of the recording.
19. Governing Law. The validity, interpretatu In and performance of this Agreement
shall be governed and construed in accordance with the aws of the State of Colorado without
reference to its conflicts of laws provisions.
20. Severability. If any part of this Agrees tent is found to be in conflict with
applicable laws, such part shall be inoperative,null and void insofar as it conflicts with such laws;
however, the remainder of this Agreement shall be in full force and effect. In the event that any
part of this Agreement would otherwise be unenforceable or in conflict with applicable laws due
to the term or period for which such part is in effect, the te:in or period for which such part of this
Agreement shall be in effect shall be limited to the longest period allowable which does not cause
such part to be unenforceable or in conflict with applicable laws.
21. Notices. Any notice or communication re ruired or permitted by this Agreement
shall be given in writing either by (a) personal delivery; (1) expedited delivery service with proof
of delivery; (c) United States mail, postage prepaid, and •egistered or certified mail with return
receipt requested; or (d) prepaid telecopy or fax, the receipt of which shall be acknowledged,
addressed as follows:
Anadarko E&P and Anadarko E&P C ompany LP
Anadarko Land: Attn: Development Land Manager—U.S. North
P.O.Box 1330
Houston, Texas 7 725 1-1 330
Ken-McGee: Kerr-McGee Rock y Mountain Corporation
Attn: Director of...ands, Denver Basin
1999 Broadway, Suite 3600
Denver, Colorado 80202
Patina: Patina Oil&Gas Corporation/SOCO Wattenberg
Corporation
Attn: Land Mana;er
1625 Broad-way, Suite 2000
Denver, Colorado 80202
Surface Owner: RET, Limited Lial ility Company
c/o Gibraltar Equi.y Investments, LLC
Beebe Draw Farm 5 Metropolitan District
3600 South Logar Street, Suite 200
11
s.•.. 1v OUo uda a 01O rtwntuxr 013
Englewood, Colora l0 80113
Notices shall be effective upon receipt and any party may change an address by notice to
the other parties.
22. Incorporation by Reference. Exhibits A and B are incorporated into this
Agreement by this reference.
23. Entire Agreement.
a. This Agreement sets forth the entire underst nding among the parties and
supersedes any previous communications,representations o:agreements, whether oral or written,
regarding the matters addressed herein,including, but not hmited to (a) Surface Usage Agreement
dated April 16, 1990, among Union Pacific Resources Corn Jany, Amoco Production Company,
Beebe Draw Farms Ltd_ and Beebe Draw Farms and Eques man Center Property Owners
Association and(b) Letter Agreement dated August 11, 1953,between Beebe Draw Farms Ltd.,
Beebe Draw Farms and Equestrian Center Property Owners. Association and Elk Exploration, Inc.
No change of any of the terms or conditions herein shall be valid or binding on any party unless in
writing and signed by an authorized representative of each party.
b. Surface Owner and Patina agree that the terms and conditions of this Agreement
shall apply equally to Patina's and Surface Owner's respec dve interests in Section 4, Township 3
North, Range 65 West as shown on Exhibit"A".
c. In the event of a conflict between this igreement and any prior agreements
between surface owner or its predecessors and Patina or its predecessors including any surface use
agreements or surface damage agreements, this Agreement shall control.
24. Effective Date. This Agreement shall beco:ne effective and binding on the parties
upon final approval of the Master Plat for Beebe Draw IV etropolitan District Filing Two by the
Weld County Commissioners_
25. Counterpart Executions. This Agreement nay be executed in counterparts, each of
which shall be deemed an original.
12
09/01/03 12:22 FAX 303 839 9318 PADMORF. 0 014
Exhibit B
To Surface Use Agreement dated-( Zd03among An idarko E&P Company, LP, Anadarko
Land Corp., Kerr-McGee Rocky Mountain Corporation, P itina Oil & Corporation,Beebe Draw
Farms Metropolitan District and REI Limit ad Liability Company
1. All lands disturbed by Oil Companies shall be r estored, recontoured and reseeded in
accordance with all applicable laws and regulations. Reseeding of disturbed areas shall be
performed during the first appropriate season, using a blend of grasses approved by the Oil
and Gas Conservation Commission for such use.
2- With respect to the drilling of wells and the install Rion of flowlines and other associated
oil and gas equipment at Future Wellsite Locations the applicable Oil Company shall use
commercially reasonable efforts to locate such flc Mines and associated equipment in a
manner that does not unnecessarily or unreasc nably disturb the surface or create
unnecessary or unreasonable visual impact to adjact nt lands.
3. The Oil Companies shall install low-profile tanks. where reasonably feasible, to service
Future Wellsites. Overhead vent line piping shall rot extend beyond the diameter of such
tanks; stairs shall be kept within the face of the tank profile.
4. At all times the Wellsites and the Oil and Gas Op;ration Areas shall be kept in a clean
and orderly manner free of debris and excess materials, supplies and equipment derived
from Oil Company operations, and shall be kept :easonably free of noxious weeds and
undesirable species. Debris and waste materials sha d be removed promptly after use.
5. Pipelines outside of Oil and Gas Operations areas s tall be buried at a depth between forty-
eight and sixty inches below the surface. Appropriate markers shall be installed and
maintained outside of Oil and Gas Operation Areas
6. The Oil Companies shall install, at their cost, sue]i fencing as is required by the Oil and
Gas Conservation Commission under its applicable rules. The Oil Companies shall install
additional fencing when requested to do so by the Surface Owner, at the Surface Owner's
expense.
Aug 05 03 10: 16a kat-en vaught 3034661507
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1/51? 12,71
Aug 05 03 10: 17a karen caught 3034661507
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Weld County Commissioners
Re : Hearing August 6, 2003
Filing No. 2 , Beebe Draw Farms
Approval of the Development 's PUD Final Plat
My name is Karen Vaught . I am a builder at Pelican Lake
Ranch (Beebe Draw Farms) since March 2001 .
I do not believe Filing 2 should be approved at this time.
Here are only a few of the reasons.
The developers and their Marketing Manager for the
developer, Kent Colburn, misrepresented the entire
subdivision to me! I would not have purchased any lots,
built any homes on speculation if I had not been completely
misled and lied to.
One misrepresentation made to me was the beautiful 1000-acre
boating lake, as advertised, was safe to be enjoyed. This
lake has been proven harmful to homeowners with reported
Ciardia cyst from contaminated water from the lake, yet the
developers continue to advertise in newspapers, magazines
and flyers are being sent in the mail etc . This advertises
still , "Private 1000-acre Boating Lake, " "Marina and Yacht
Club, " " 18-acre fishing lake, " "40 miles of bridle paths, "
"equestrian Center, " "Stables, " and "Wildlife Preserve. " I
have recently learned this lake has been unsafe for years.
Simply by putting your hands in the water can make you ill .
How can people be expected to sail or boat without touching
the water? Docking of your boat and tying it off would
require touching wet ropes, etc. The lake was a major
attraction for the subdivision. That was a main factor for
me to choose to build there.
Attached is a handout telling about a "Festival of Homes"
event to happen April through the first weekend of June
2001 . In this it says, quote, "And our marina which is
under construction will be the site of community fishing
derbies, sailing lessons, charity fund-raising
a very good spot to watch sunsets with friends . " This , and
advertising leads people to believe they can play at the
lake and use the lake with friends and loved ones, all of
this to go on for nine-ten weeks, and they expect no one
will touch or play in the water! How could parents and
Aug 05 03 10: 17a karen vaught 3034661507 p. 3
their children not? This is a serious misrepresentation
still being made to the future homeowners and the public in
general . The water is contaminated and is a health risk to
all , and the developers knew years ago according to an
attorney the homeowners jointly retained.
Another extreme misrepresentation was concerning the
amenities which I was told would be built in 2001 and 2002
and be under construction for the 2001 "Festival of Homes"
promotion, brochure attached. This was to bring new builders
and purchasers giving my homes much exposure for expedient
sales . None of this ever happened. I was also told the
Metropolitan District was set up for the upkeep of the
amenities and for water allocations and distribution. It was
a rude awakening when I found out I had been misled and lied
to on so many things, such as Metro District 1 (homeowners)
is the only district that is responsible for the repayment of
bonds while Metro District 2 (developers) has the total
control . Metro District 2 (developers) mandates to Metro
District 1 exactly what it is required to do. The homeowners
can only vote for the Metro District 1 and never can vote for
the Metro District 2 board which is the only board with
control and all power. The developed lots were taken out a1
Metro District 2 so they would have no control . The 40 mills
tax levy, which is higher by far than most subdivisions, is
high so the homeowners through their own taxes can pay for
their own amenities, pay for the roads to be built , etc .
People do not want to live in a subdivision with no
amenities , nor, do they want to live in a subdivision where
they have to pay for, anything they get because commissioners
approved everything seemingly in the favor of the
developers . The County Commissioners (BEFORE YOU) were the
ones who voted to approve these Metro Districts as they are .
Most counties or cities require the developers to carry the
debt of amenities and development of roads, etc . , and
require these be put in prior to certain phases of
development . Here it ' s not only their own amenities
homeowners are paying for but also the burden of debt for
the improvements of Filing 1 which the developers are only
paying interest in the 2 million debt . If you allow Filing
2 to be approved, the developers can add an additional loan
of 12 million already preapproved which will also be the
burden and responsibility of the lot and homeowners . The
homeowners need to realize the debt liable for already plus
any pool , clubhouse, etc . in amenities in the future as well
as roads, etc. in Filing 2 if approved.
-2-
Aug 05 03 10: 17a karen vaught 3034661507 p. 4
1 understand Metro Districts were originally set up for fire
protection, water, etc. , and there are only a few in the
state of Colorado. Remember much publicity a few years ago
when a project south of Denver, such as this, where the
residents were left with bonds too large to pay themselves,
they were left from developers . This could happen at
Pelican Lake Ranch and destroy so many families . The Metro
Districts at Pelican Lake Ranch were allowed to be set up
wrong. This was not for the good of the people.
Filing 2 should not be approved until the present County
Commissioners help the people to rectify the problems at
Pelican Lake Ranch. We need your help.
in Filing 1 there are still lots available of the 189
lots and of these are still undeveloped with no roads or
utility services . There are still a lot to sell and a lot
of lots for the taxpayers to pay the development on.
The Metro District has a conflict of interest issue which
should be looked into. See exhibit .
The owners and developers as officers, as directors and as
creditors are in compliance with state statutory
requirements simply by voting yes . We recognize the
conflict of interest and accept such. How is this right !
In this e-mail I cannot explain what all the issues are .
Before any more encumbrances are placed on the homeowners at
Pelican Lake Ranch, Filing 2 should not be approved until
it ' s found out what is truly going on and make the developer
accountable at least for something.
Thank you for your consideration.
Sincerely,
Karen Vaught
303 —ofd6-7667
Exhibit 1 , dated June 21, 2000 , Pelican Lake Ranch Spring
Festival of Homes
Exhibit 2, dated September 15 , 2000, Pelican Lake Ranch
Marketing Update
Aug 05 03 10: 17a karen vaught 3034661507 p. 5
alanillirilina
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7
EEBE DRAW FARMS METROPOLITAN DISTRICT NOS. 1 & 2
- ate a a N. gm. um. ./ all — nisi Summer 2003
Vol.1. No.1
Filing 2 Hes■q Scheduled before actual Surface and Use Agreement• District No. I,whose runt Item
cwe�d commissioners. (s fffits--- --- N/ \ the board was announced in late June.
�NIo ` �OMUI The der will appear before L\ "'I want to act as a conduit between
the comp Cnmm;,Sn„are w[thsbo the board and our community."
Beebe Draw Farms-tilling No. 2 is rt of the Ilanping 9tig and Madison said prior to his appointment.
Scheduled for a hearing before the the Plaaa`ur neIt Pelican 1 "The more information and dismission
Weld County Commissioners at 10 Lake Ranch ren aarltiri of issues we can share,the more we all
am.. Aug. 6.for approval of the to speak at the bearing to express / will understand both the districts
devolopmentk LTD Final Plat. Hi support for the development and their resrponeandlities and the priorities of the
r desire for app...--- riljngay. community the district serves."
I'le'a are 406 lots in Filing No.2, ,__
on 2,300 acres of land,including more li No. 2 approval is paramount Madison, 35, a two-year Pelican
than 1.000 acres of open space and to maintenance of prgxaty values,and Lake Ranch resident,lives at 16495
greenbelt area. ensures development will continue. Ledyard Road South.He is director of
When combined with the 188 Lots including planned amenities and information services at Brighton-based
oo
in Filing No. 1, there will be tY irnplovementa ResidentsMetaiwest Ld C.
also may write to the County
approximately 594 totaflots,.The Metre
District originally was planned to �n °nsre g their desire
support 800 residential units.More for of the development by
than 200 lots were lost in order to meet sending letters to 915'Rnth Street Metro District
Authorizescan
a"Substantial Change"requirement to P.O.Rex 758.Greeley,CO 80632. a p1471 X real/
allow Filing No. 2 to proceed back ,y
through theFinal plat process. "Study
Approval of a Substantial Change was R..'
adopted Dec. 19,2001.The Final Plat Bede Maw F& Mahe Ii t The Beebe Draw Fart ms
authorized
received a Resolution of Mettopoytst dy toideter inthec ta
Tteeom neudation to the Board of n •..'—L R�1 ty study to determine the coats
County Commissioners from the weld Resi(1lltf as Road Member end physical requirements of
County Planning Commission on Nov. construction trouna of a community singo space
n and
19, 2002. Farms Metropolitan'—Beebe Draw Plgygrdand existing open
Part of the resolution by the providing streets.w s). t the subdivision's
Planning Commieelew allowed 90 days recreational facilities to residents of Draw Community kway. at 16502 Beebe
for the Surface Owner to negotiate a Pecan Lake Ranch Subdivision.has
Surface and Use Agreement(SUA)with appointed Pelican Lake resident Brim "We made this eo nee based
the Mineral Owners.Thin process has Madison to fill out the term of a Disexclusively on homeowner input,"said
taken approximately seven months to retying board mmnber. Ma.an President Christine Iiethdock.
date and as yet to be completed_Six Madison ie the re de overwhelming they response,
months were spent in the field first of the residents indicated want the pool
oil and facilities,denies, s Pelican on Lake Rauch ar t0 and a hg and they want it
flow and tr el on lines and serve the will
serve othfive-memberetrowhere they live."
,� Ying them onto a plat bossed. vvi1l until ant metre The pool and
Irk is complete,leavig only a replacing
Bruce ru Kelley ll May 2004,etopen in the summerd mild be
replacing an Metro completed and in of
2005,she said.
Aug 05 03 10: 19a karen vaught 3034661507 p. 1
Pelican Lake Ranch Marketing Strategy 2001
Kent Colburn June 21, 2000
Pelican Lake Ranch Spring Festival of Homes
2001 Promotional Campaign to stimulate home and lot sales for Spring/Summer 2001
The promotion will run for 6 weeks, from April 22 to June 4, 2001
Six Builders will build custom homes on Badminton Road South, a cul-de-sac
with lots 79, 80, 81,82,83, &84.
Builders will close on these lots in August or September and start construction not
later than October 2000.
Builders homes must be completed, decorated, landscaped, and furnished for opening
not later than April 20, 2001.
Builders may also wish to purchase lots so they can have homes available or under
construction during the event. This promotion will provide a major jump start to
sales activity for reaching our goal of 60 lot and home sales in 2001.
Manufacturers, vendors, furniture stores, etc. will be invited to have exhibits and
displays in the various homes of the builder they have worked with.
Companies who participate in exhibits and seminars will be asked for co-op
advertising dollars to promote the event.
Coldwell Banker Everitt Williams will share in the paid media promotional costs in
northern Colorado.
Each weekend will feature a special event/seminar, i.e.
Financing a custom home/Mortgage company/Market Street Kathy McClurg
Planning a custom home/Architect
Selecting a custom home builder/Sales Team/Kent Colburn& Tony Campagna
The custom home building process/Builder/Scott Zurn
What's new for custom homes(appliances,etc.)/Exhibitors/manufacturers
Material advantages and cost comparisons/Exhibitors/manufacturers
Theme for the event will be: Pelican Lake Ranch Festival of Homes
A Charity will be selected to benefit from donations and merchandise sales.
Builders interested as of this date include:
Olde Time Custom Homes-Scott Zurn
R.A. Warkentin Construction-Dick Warkentin
Hacienda Builders-Franciso Garcia
T.L. Stauffer Construction-Ted Stauffer
ti
Gerrard Construction-Greg Gerrard
Aug 05 03 10: 19a karen caught 3034661507 p. 2
Pelican Lake Ranch Marketing Strategy 2001 Page 2
Kent Colburn June 21, 2000
Pelican Lake Ranch Spring Festival of Homes
Elements of the promotion will include:
Paid Media Advertising
Newspaper
Radio
TV
Public Relations
News Releases
Press Packet
Virtual Tour
Brochure Handouts
Pelican Lake Ranch Sales Flyer
Builder Home Flyers
Tour map/guide
Signage
Directionals
Banner across street
Parking
Tour directionals
Home/Builder ID
Sales Staff
One Sales Person in each home
One hostess in each home
Giveaways
Balloons for kids
Discount coupons from manufacturers
Other to be determined
Drawings
Lot Giveaway-registration during entire promo/drawing on last day
Every weekend, one manufacturer will giveaway a major prize
Hourly drawings will be held from 11-5 on Saturdays lk Sundays
for discount coupons supplied by Home Depot, nurseries, furniture
stores,restaurants, etc.
VIP Opening
Catered Open House Party two nights prior to Grand Opening
Invite by RSVP Builders,Bankers,Realtors, Contractors, Manufacturers
Caterer, Food, Drink, Entertainment, Giveaway,Fundraiser
Other
Port-a-poties
Food and drink concessions
Traffic/Parking control
Daily area cleanup
Rug 05 03 10: 1sa karen vaught 3034661507 p. 3
Pelican Lake Ranch
Marketing Update
Kent Colburn Marketing Manager for the Developer September 15, 2000
I have been a new home marketing specialist in Colorado since 1970.
During the 1970s, 80s and 90s, I helped establish and sellout many new communities and
neighborhoods from Fort Collins and Boulder, to Denver and Colorado Springs.
And if I heard it once, I heard it a thousand times...Where can I buy affordable country acreage?
All along the front range there are thousands of families who want to move away from the
congestion of urban and suburban sprawl.
These are just folks looking to improve the quality of their life. r
OMITThey are looking for peace and quiet. s _
K•
'hey are looking for affordable small acreage lots. •
They want their children to grow up to appreciate the value of nature.
They want country style amenities right in their own development
so they don't have to leave home to enjoy quality time with their family.
And most importantly, they,re willing to put up with a few inconveniences to get
what they consider to be...a very special lifestyle opportunity.
What they want...What all these families are searching for,
is exactly what the Beebe Draw Farms PUD was approved to become.
The PUD was approved for 800 lots on 3,484 acres and the first approved filing is 188 lots.
When we opened for sales in June of 1999, we had thirty two 1 1/2 acre to 5 acre lots ranging in
price from $60,000 to just under $100,000.
r
Ne had 3 paved roads and three approved builders offering 5 homes priced from 240 to 350,000!
Aug 05 03 10: 19a karen vaught 3034661507
p. 4
r 7ow this is the kind of development that you can't sell...People either love it or they hate it.
So, Our sales approach had to be an "informational soft sell" approach.
We give people all the information we can about the planned development, the homes,
the amenities, the schools, the shopping and living in the country with nature.
It's a lot of detailed information to put into a soft sell presentation...
And where do you think you're going to find a Realtor to soft sell anything?
Well, to find the right Brokerage company to handle sales, we interviewed Real Estate firms
from Greeley, Longmont, Loveland, and Fort Collins.
After 2 months of proposals and presentations, we selected Co!dwell Banker Everitt Williams
from Fort Collins. Our sales team handles home sales for all the builders, and they are friendly,
informed and experienced in working with several builders in one new home development
t the same time. And that's not easy.
Our marketing efforts to date have included paid media advertising in the Denver Post New
Home section, the Longmont Times-Call, the Boulder Camera, the Loveland Reporter Herald,
the Fort Collins Coloradan and the Greeley Tribune.
We also have art aggressive Real Estate Brokerage Co-Op program, we take Realtors on tours and
make presentations when ever and where ever we get an opportunity. We also have a Website.
This year, We had one home entered in the Northern Colorado Home Builders Association
Parade of Homes in August and over 100 families toured the development in two weekends.
As part of the Parade of Homes, we gave away a 2 1/2 acre lot valued at$70,000.
So far all of these efforts have enticed more than 800 families to tour the development
in the past 14 months.
Rug 05 03 10: 19a karen vaught 3034661507 p. 5
And, as a result...The first residents moved in last December.
—Today there are 9 families living in the development.
Three families have homes under construction.
Six families have purchased lots and are working with builders to design their new homes.
There are 3 spec homes available for immediate occupancy.
And Builders have another 4 spec homes under construction right now.
In fact, we only have 17 of the first 63 lots left to sell.
In 2001 we have a "Festival of Homes" planned to run from the end of April through the
first weekend of June, with the entrance proceeds going to a charity in Weld County.
We will have 6 to 8 new homes in the Home Builders Parade of Homes and
will donate more entrance proceeds to charity.
We will_give away at least one more lot next year.
„And our marina, which is under construction, will be the site of community fishing derbies,
sailing lessons, charity fund raising regattas and a very good spot to
watch sunsets with friends.
�__..v _... .__. _...—.
We expect to have 24 approved builders building new homes in the development.
And we have targeted 60 lot sales for the year 2001.
That's a quick overview of our marketing and sales efforts to this date.
I personally invite anyone and everyone to take a tour of the property with me.
And I know, that when you know, all the details of the development plan,
that you too, will want to live the life that all these people have been wanting for their families
for years and years.
I hope you enjoyed this update. Should you have any questions please contact me at 303-808-2986.
ank you for time and your interest, (.5c4-a,
BOARD OF COUNTY COMMISSIONERS' SIGN POSTING
CERTIFICATE
THE LAST DAY TO POST THE SIGN IS ,TC-!0 ,-,2 -- THE SIGN SHALL BE POSTED 2 '
ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY_ .
IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ,_
ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT
OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON
THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY
(ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
I, VONEEN MACKLIN, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE
SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE BOARD OF
COMMISSIONERS HEARING FOR kr).) IN THE AGRICULTURAL ZONE
DISTRICT.
VONEEN MACKLIN
Name of Person Posting Sign
f
\oiu C?t of lQ C Y._. ---
,
Signature of Person Posting Sign
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was subscribed and sworn to me th' day of JAIL_(L_ , 2003.
WITNESS my hand and official seal. 1
Ali ,,)__________
otary Public
My Commission Expires: ///r76c/
EXHIBIT
t.\
BOARD OF COUNTY COMMISSIONERS SIGN POSTING
CERTIFICATE
THE LAST DAY TO POST THE SIGN ISm -i 14-1,03 THE SIGN SHALL BE POSTED
ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT
ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT
OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON
THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY
(ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
I, VONEEN MACKLIN, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE
SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING
COMMISSIONERS HEARING FOR PF-1021, REQUESTING PUD FINAL PLAT FOR THE 2N°
FILING OF BEEBE DRAW FARMS FOR 406 LOTS.
VONEEN MACKLIN
Name of Person Posting Sign
v ?
Signature of Person Posting Sign
STATE OF COLORADO
)ss.
COUNTY OF WELD
The foregoing instrument was subscribed and sworn to me thi$ '/day of /MtA4/ , 2003.
WITNESS my hand and official seal.
Notary Public
My Commission Expires:a
r
PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS IIICijIA, 03 THE SIGN SHALL BE POSTED
ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT
ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT
OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON
THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY
(ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
I, VONEEN MACKLIN, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE
SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING
COMMISSIONERS HEARING FOR PF-1021, REQUESTING PUD FINAL PLAT FOR THE 2ND
FILING OF BEEBE DRAW FARMS FOR 406 LOTS.
VONEEN MACKLIN
Name of Person Posting Sign
Signature of Person Posting Sign
STATE OF COLORADO
)ss.
COUNTY OF WELD
The foregoing instrument was subscribed and sworn to me thief—me day of / sin '4 , 2003.
WITNESS my hand and official seal.
QL
Notary Public My Commission Expires:�{_//
JO 03 1O: 52a p. 2
Beebe Draw Farms building envelopes Ju y 30, 2003
Lot# 3- 17,658.4 sq.ft = OA Ac. Lot#311 -46,278.9 sq. ft= 1.1 Ac.
Lot# 12- 15,332.6 sq. ft= 0.4 Ac. Lot#312-46,101.2 sq.ft = 1.1 Ac.
Lot# 30- 30,558.3 sq. ft= 01 Ac. Lot#313-47,715.5 sq. ft = 1.1 Ac.
Lot# 46 - 36,520.7 sq. ft= 0.8 Ac. Lot#314- 32,472.9 sq. ft = 0.8 Ac.
Lot# 97 - 33,610.3 sq.ft = 0.8 Ac. Lot#316-48,318.3 sq. ft= 1.1 Ac.
Lot# 114- 53,339:9 sq. ft= 1.2 Ac. Lot#317- 40,757.6 sq.ft= 0.9 Ac.
Lot# 115- 47,992.5 sq.ft = 1.1 Ac. Lot* 319- 37,519.4sq. ft= 0.9 Ac.
Lot# 116 - 26,925,3 sq. ft = 0.6 Ac. Lot#320- 38,625.8 sq.ft= 0.9 Ac.
Lot# 152- 17,864.1 sq. ft= 0.4 Ac. Lot#321 - 37,569.7 sq. ft= 0.9 Ac.
Lot# 168- 52,925.5 sq.ft = 1.2 Ac. Lot#322-39,704.3 sq. ft= 0.9 Ac.
Lot#203 - 34,110.9 sq.ft = 0.8 Ac. Lot#323- 37,859.8 sq. ft=0.9 Ac.
Lot# 208 - 52,606.6 sq.ft= 1.2 Ac. Lot# 324- 53,751.2 sq. ft= 1.2 Ac.
Lot#232- 17,485.5 sq. ft= 0.4 Ac. Lot#325- 56,034.0 sq. ft = 1.3 Ac.
Lot#244 - 26,526.0 sq. ft=0.6 Ac. Lot#328-41.226.2 sq. ft= 1.0 Ac.
Lot#253- 14,588.9 sq. ft= 0.3 Ac. Lot#330-21,545.9 sq. ft = 0.5 Ac.
Lot# 269 -49,100.4 sq. ft= 1.1 Ac. Lot#331 -27,992.5 sq. ft= 0.6 Ac.
Lot#270- 45,775.1 sq. ft= 1.1 Ac. Lot#333-23,834.8 sq. ft= 0.6 Ac.
Lot#272 -42,333.2 sq. ft = 1.0 Ac. Lot#370- 39:518.1 sq. ft= 0.9 Ac.
Lot#273 - 52,484.3 sq. ft = 1.2 Ac. Lot#371 -25,950.5 sq.ft = 0.6 Ac.
Lot#274 - 23,820.1 sq. ft = 0.6 Ac. Lot#387-42,080.0 sq.ft= 1.0 Ac.
Lot# 275 - 32,188.3 sq. ft= 0.7 Ac. Lot#390-27,064.7 sq. ft= 0.6 Ac.
Lot# 276 - 51,710.2 sq. ft= 1.2Ac. Lot#391 - 19.108.5 sq. ft = 0.4 Ac.
Lot# 277 -42,982.6 sq. ft = 1.0 Ac. Lot#392- 17,176.0 sq. ft = 0.4 Ac.
Lot# 308 - 29,444.5 sq. ft = 0.7 Ac. Lot#398- 30,570.6 sq. ft = 0.7 Ac.
Lot#309 - 50,485.6 sq.ft= 1.2 Ac. Lot#405- 13,707.2 sq.ft = 0.4 Ac.
Lot# 310-49,645.3 sq.ft = 1.1 Ac.
11+4
EXHIBIT
Ile 2t14/
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