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HomeMy WebLinkAbout20013345.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST SHELTON LAND AND LIVESTOCK, LTD, FOR VIOLATION OF THE WELD COUNTY CODE WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Shelton Land and Livestock LTD, VI #0100241, is allegedly in violation of the Weld County Code, and WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has not been corrected, and WHEREAS, on the 11th day of December, 2001, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Ron Shelton, property owner, was present at said hearing, and WHEREAS, the Board of County Commissioners deems it advisable to refer said violation to the Weld County Attorney's Office for legal action, with an instruction for delay of action upon such referral until June 11, 2002, to allow adequate time for the property owners to process the Use by Special Review Permit. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that VI #0100241 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Shelton Land and Livestock,LTD, to remedy the violation of the Weld County Code, and any other persons occupying the properties, any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties, with an instruction for delay of action upon such referral until June 11, 2002, to allow adequate time for the property owners to process the Use by Special Review Permit. 2001-3345 PL0824 PC ; PL; CA , Ualn, VIOLATIONS - VI #0100241 - SHELTON LAND AND LIVESTOCK LTD PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of December, A.D., 2001. BOARD OF COUNTY COMMISSIONERS /l1 �D ��/I WELD COUNTY, COLORADO ATTEST: L ,,2 ' ea.,., e'"`ti EzA.t M. J. Geile, Chair Weld County Clerk to the : • 11861 ('�•.'% � - '� 4...i 6 r /� ,4i -iO. Glenn Vaad, Pr. BY: o o- ii 'O Deputy Clerk to the B.4.tr� /e7 7,3 Wiitkr 0 Oki/ APPRO D AS M: avid E rE. Long ouityAttorny Robert . a den Date of signature: oge 2001-3345 PL0824 DATE: December 4, 2001 VIOLATION NUMBER: VI-0100241 NAME: Shelton Land & Livestock, LTD c/o Mr. Ron Shelton ADDRESS: 23043 WCR 42, LaSalle, CO 80645 ZONE DISTRICT: Agricultural LEGAL DESCRIPTION: Part of the W2SW4 of Section 24, T4N, R65W, Except Lots A & B of RE-2532 of the 6th P.M. , Weld County, Colorado Part of the NE4 of Section 26, T4N, R65W of the 6th P.M. , Weld County, Colorado Part of the S2 of Section 25, T4N, R65W of the 6th P.M. , Weld County, Colorado Part of the N2 of Section 25, T4N„ R65W of the 6th P.M. , Weld County, Colorado Lot B of RE-2532, Part of the W2SW4 of Section 24, T4N, R65W of the 6th P.M. , Weld County, Colorado Part of the E2SE4 of Section 23, T4N, R65W of the 6th P.M. , Weld County, Colorado CASE SUMMARY May 7, 2001 Initial complaint received through the Weld County Department of Public Health and Environment (WCDPHE) . May 7, 2001 Initial inspection conducted by Cindi Etcheverry, WCDPHE and Jo Peden, WCDPHE. May 11, 2001 Initial contact letter was sent by Jo Peden. June 12, 2001 Complaint was logged in via anonymous letter by WCDPHE. June 13, 2001 Jo Peden left a message for Mr. Shelton to call her. June 14, 2001 Property inspected by Cindi Etcheverry and Jo Peden. Property still in violation. June 15, 2001 WCDPHE received a letter from Mr. Shelton. June 21, 2001 Property visually inspected by Jo Peden and Ron Jepson, Colorado Department of Public Health and Environment. Property still in violation. 2001-3345 July 2, 2001 Property inspected via an on-site meeting between Mr. Shelton, Mr. Derald Lang (Mr. Shelton' s consultant - EnviroStock, LLC. ) , Ms . Jackie Johnson (Mr. Shelton' s attorney) , Trevor Jiricek (Director of WCDPHE) and Jo Peden. July 3, 2001 Another letter was sent by Jo Peden. August 13, 2001 Received another letter and attachment from Mr. Shelton. August 23, 2001 Another letter was sent by Jo Peden. August 23, 2001 Five day compliance encouragement letter issued. November 21, 2001 Telephone conversation between Jo Peden and Derald Lang. November 26, 2001 Letter sent (via regular mail, certified mail and fax) to property owner indicating that the violation case was scheduled before the Board of County Commissioners. Currently, there is a violation of Chapter 23, Article III (3) , Division 1, Sections 23-3-20, 23-3-30, 23-3-30 .C, 23-3-40, 23-3-40 .B.16, 23-3-50 and 23-3- 50 .D and Article IV(4) , Division 8, Section 23-4-710 of the Weld County Code. To bring the property into compliance the property owner shall obtain approval and record a plat for a Use by Special Review or the number of animal units shall be reduced to fall within the guidelines as established through the bulk requirements . Additionally, the facility shall be in compliance with the Colorado Confined Animal Feeding Operation Control Regulations (CAFO Regulations) . The Department of Planning also recommends that the County Attorney authorize legal action against any other persons occupying the properties, any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties. DEPARTMENT OF PLANNING SERVICES Code Compliance Division WWW.CO.WELD.CO.US (7e " E-mail Address: bsalzman@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100 III I Fax: (970) 304-6498 C. DEPARTMENT OF PUBLIC W HEALTH EBS TE: WWWC O.W E D COEDS COLORADO 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970)304-6415 Fax: (970)304-6411 November 26, 2001 Certified Letter No: 7000 0520 0025 0403 8648 Shelton Land & Cattle, LTD do Mr. Ron Shelton 23043 WCR 42 LaSalle, CO 80645 Subject: CAFO Compliance and VI-0100241, Part of the W25W4ofSection24,T4N, R65Wof the 6`" P.M., Weld County, Colorado Dear Mr. Shelton: The property referenced above remains in violation of the Weld County Code. The Department of Public Health and Environment (WCDPH) and the Department of Planning Services have scheduled a meeting with the Board of County Commissioners on December 11, 2001,at 10:00 a.m.,to consider the violations occurring on the property. The above mentioned property is in violation of the following Section(s) of the Weld County Code: Chapter 23,Article III, Div 1 "A(Agricultural)Zone District" Section 23-3-20 "Uses allowed by right." Section 23-3-30 "Accessory uses," Section 23-3-30.C "Mobile Homes used as single family dwellings for persons customarily employed at or engaged in farming,ranching or gardening subject to the additional requirements of Article IV, Division 3 of this Chapter." Section 23-3-40 "Uses by special review." Section 23-3-40.B.16 "Livestock confinement operations." Section 23-3-50 "Bulk requirements." Section 23-3-50.D "Maximum number of animal units permitted per acre:four(4)per acre or portion thereof." Chapter 23,Article IV(4), Div 8 "Miscellaneous Regulations" Section 23-4-710 "Livestock feeding performance standards." Definitions: LIVESTOCK CONFINEMENT OPERATION (L.C.O.): A place of confinement for LIVESTOCK, corralled, penned or otherwise caused to remain in pens or corrals,where feeding is other than grazing,or where the capacity at any one(1)time is greater than permitted in the bulk requirements for the zoning district in which it is located. For example,an L.C.O. may include DAIRIES, feedlots and poultry and swine production facilities. LIVESTOCK: Cattle, bison,mules,burros, llamas, ostriches, elk, horses, swine,sheep, goats,poultry and rabbits. To bring your property into compliance with the Weld County Code: The facility shall be in compliance with the Colorado Confined Animal Feeding Operation Control Regulations (CAFO Regulations). Additionally,a Use by Special Review application shall be submitted and upon approval,a plat recorded or the number of animal units shall _ be reduced to fall within the bulk requirements as listed in the Weld County Code. The number of animals units is determined by the number of contagious acres per parcel. I would suggest that you come to the office and speak to one of our"On-Call Planners" (Monday or Friday, 12:00 p.m.-4:00 p.m. or Tuesday thru Thursday, 7:30 a.m.-4:00 p.m.) No appointment is necessary because individuals are seen in the order they sign in. SERVICE,TEAMWORK,INTEGRITY,QUALITY Mr. Shelton Page 2 Furthermore, in a letter dated August 23, 2001,the WCDPH requested information regarding the facility's compliance with the CAFO Regulations. This information was to be supplied to the WCDPH no later than November 15, 2001. As of this date the WCDPH has not received the additional requested information. This meeting will take place in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center,915 10th Street, Greeley, Colorado. It is recommended that you or a representative be in attendance to answer any questions the Board of County Commissioners might have aboutthe violations. Please also be advised that we will be taking video from the road or adjacent properties the business day before or as soon as possible to the above mentioned Violation Hearing date. The Department of Planning Services' staff and WCDPH will be recommending that the Board of County Commissioners authorize the County Attorney to proceed with legal action to remedy the violation. Our records indicate that you were made aware of the nature of the violation including the action necessary to correct the violation, and that you were given sufficient time to remedy this violation. If you have any questions concerning this matter, please call me. Sincerely, Bethany Salzman Zoning Compliance Officer Peden Environmental Health Specialist pc: VI-0100241 TrevorJiricek, Department of Public Health and Environment Monica Daniels-Mika, Department of Planning Services Ron Jepson, Colorado Department of Public Health and Environment Derald Lang, EnviroStock, LLC Jackie Johnson, Witwer, Oldenburg, Barry and Bedingfield Bruce Barker, County Attorney U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) C -u en P1 Postage $ - O Certified Fee Posin tmark RrsReturnlie Receipt Fee Here f1J (Endorsement Required) Restricted Delivery Fee r7 (Endorsement Required) d. a Total Postage S Fees $ ru In Recipient's Name (Please Print Clearly)(To be completed by mailer) SHELTON LAND & LIVESTOCK (RON SHELTON) Street,Apt.No.;or PO Box No. 230.43 WCR 42 CI= City,State,ZIP.a LASALLE, CO 80645 SERVICE,TEAMWORK,INTEGRITY,QUALITY FAX TRANSMISSION WELD COUNTY PLANNING OFFICES WEBSITE: WWW.CO.WELD.CO.US E-MAIL:BSALZMAN@CO.WELD.CO.US 1555 NORTH I 7TH AVENUE GREELEY, CO 80631 (970)353-6100 EXr. 3540 FAx: (970)304-6498 To: Mr. Ron Shelton Date: November 26, 2001 Fax#: 284-9490 Pages: 3, including this cover sheet. From: Bethany Salzman, Zoning Compliance Subject: Violation Hearing Notification COMMENTS: Please see the attached letter. Thank-you in advance. i .9 Bethany Salzman Zoning Compliance Officer 11/26/01 17:37 FAX 970 304 64°° WELD PLANNING U001 *************************** *** ERROR TX REPORT *** *************************** TX FUNCTION WAS NOT COMPLETED TX/RX NO 0089 CONNECTION TEL 92849490 SUBADDRESS CONNECTION ID ST. TIME 11/26 17:34 USAGE T 03'37 PGS. SENT 3 RESULT NG ##104 11/26/01 17:49 FAX 970 304 64P° WELD PLANNING Q001 ********************* *** TX REPORT *** ********************* TRANSMISSION OK TX/RX NO 0093 CONNECTION TEL 92849490 SUBADDRESS -� CONNECTION ID ST. TIME 11/26 17:46 USAGE T 03'09 PGS. SENT 3 RESULT OK FAX TRANSMISSION WELD COUNTY PLANNING OFFICES WEBSITE: WWW.CO.WELD.CO.US E-MAIL:BSALZMAN@CO.WELD.CO.US 1 555 NORTH 1 7TH AVENUE GREEIEY, CO 6063 I (970)353-6100 ExT. 3540 FAx: (970)304-6498 To: Mr. Derald Lang Date: November 26, 2001 Fax#: 303-238-3504 Pages: 3, including this cover sheet. From: Bethany Salzman, Zoning Compliance Subject: Violation Hearing Notification COMMENTS: Please see the attached letter. Thank-you in advance. Bethany Salzman Zoning Compliance Officer 11/26/01 17:42 FAX 970 304 64°° WELD PLANNING Z001 ********************* *** TX REPORT *** TRANSMISSION OK TX/RX NO 0091 CONNECTION TEL 913032383504 SUDADDRESS CONNECTION ID ST. TIME 11/26 17:41 USAGE T 01'17 PGS. SENT 3 RESULT OK FAX TRANSMISSION WELD COUNTY PLANNING OFFICES WEBSITE: WWW.CO.WELD.CO.US E-MAIL:BSALZMAN@CO.WELD.CO.US 1555 NORTH I 7TH AVENUE GREELEY, CO 80631 (970)353-61 00 EXT. 3540 FAX: (970)304-6498 To: Ms. Jackie Johnson Date: November 26, 2001 Fax #: 352-3165 Pages: 3, including this cover sheet. From: Bethany Salzman, Zoning Compliance Subject: Violation Hearing Notification COMMENTS: Please see the attached letter. Thank-you in advance. Bethany Salzman Zoning Compliance Officer 11/26/01 17:52 FAX 970 304 64^": WELD PLANNING 2001 ********************* *** TX REPORT *** ********************* TRANSMISSION OK TX/RX NO 0094 CONNECTION TEL 93523165 SUBADDRESS -- CONNECTION ID ST. TIME 11/26 17:50 USAGE T 01'48 PGS. SENT 3 RESULT OK MEMORANDUM riict, TO: FILE FROM: JO PEDEN, ENVIRONMENTAL SPECIALIST II ID C. DATE:CT:SHZLT0ON LAND AND CATTLE,UPDATE 1 COLORADO On November 21. 2001, I called Mr. Shelton's environmental consultant, Derald Lang with EnviroStock. The phone call was prompted due to no response by the November 15th deadline for additional information in regard to previous complaints, meetings, and correspondence. Mr. Lang stated that the detention ponds had been certified for volume, but that no other information was available. Mr. Lang stated that the survey crew was holding everything up. Mr. Lang stated that he hoped the crew would be on site the 1st week of December, and they would have everything ready by the end of December. tri;:.\\\H" DEPARTMENT OF PLANNING SERVICES Code Compliance Division Website: WWW.CO.WELD.CO.US ' E-mail Address: bsalzman@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 C Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO August 23, 2001 Shelton Land & Cattle, LTD do Mr. Ron Shelton 23043 WCR 42 LaSalle, CO 80645 Subject: VI-0100241, Part of the W2SW4 of Section 24,T4N, R65W of the 6'h P.M.,Weld County,Colorado Dear Mr. Shelton: It has come to the attention of the Department of Planning Services' staff that the uses on your property may not be in compliance with the Weld County Code. The potential noncompliance with the Weld County Code is the operation of a "Confined Animal Feeding Operation" without first obtaining a Use by Special Review permit. For your convenience, I have inclosed the necessary permit; however, I would suggest that you come to the office and speak to one of our"On-Call Planners" (Monday or Friday, 12:00 p.m. -4:00 p.m. or Tuesday thru Thursday, 7:30 a.m. -4:00 p.m.) No appointment is necessary because individuals are seen in the order they sign in. Please contact me within five working days of the date of this letter to review these concerns with me or a thirty- day violation notice will be issued. Feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Sincerely, tSalzman Salzman Zoning Compliance Officer pc: VI-0100241 Jo Peden, Environmental Health Julie Chester, Lead Planner Bruce Barker, County Attorney SERVICE,TEAMWORK,INTEGRITY.QUALITY c-4ts DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 N 17TH AVE GREELELEY, CO 80631631 WEBSITE: www.co.weld.co.us ' ADMINISTRATION (970) 304-6410 FAX (970) 304-6412 O PUBLIC HEALTH EDUCATION AND NURSING (970) 304-6420 FAX (970) 304-6416 • ENVIRONMENTAL HEALTH SERVICES (970) 304-6415 COLORADO FAX (970) 304-6411 August 23, 2001 Certified Letter No: 7000 0520 0016 8839 7282 Ron Shelton Shelton Land and Cattle, LTD 23043 WCR 42 LaSalle, Colorado 80645 • Subject: Shelton Dairy, Additional Assessments and Surveys Dear Mr. Shelton: Thank you for your letter dated July 26, 2001. Our department appreciates your response to several issues in regard to our meeting of July 2, 2001. As you explained in your letter, additional testing and assessment will be completed by October 31, 2001. We request these additional results be provided to the Department by November 15, 2001. This additional information should contain at a minimum: • Evaluation of the liner testing. • Lack of containment for effluent from feed storage area. • Seepage of waste water from storage lagoons. • Cattle pens (located on the northeast portion of the facility) which do not drain into the lagoons. • Composting areas that lack approved stormwater retention structures. • Possible stormwater drainage from the smaller facility on the NE corner of WCR 47 & 42, that may not comply with the Best Management Practices (BMP's) described in the CAFO Regulations. In addition, the Department would like to know your future plans to address storm event run- on from the cultivated fields east and south-east of the dairy. The Department is also requesting a copy of the state CAFO General Discharge Permit when it is completed and 1 ready to be submitted to the state. When all improvements are in place, the Department will need to arrange a site visit to confirm the adequacy of modifications and process changes. It is our understanding that it is your intent to proceed with the land use process in an attempt to obtain a U.S.R. We wish you luck in that endeavor. The Department also requests a copy of the contract to dewater the south pond, and it's progress, as soon as feasibly possible. We look forward to receiving your correspondence in regard to the additional assessment by November 15, 2001. If you have any questions, please do not hesitate to contact us at (970) 304-6415. Sincerely, Jo aden Environmental Health Specialist Environmental Health Services M:\ENVIRONMENTAL HEALTH SERVICES\CAFO\Shelton\Responses-23 wpd cc: Lee Morrison, Weld County Attorney's Office (via email) Ron Jepson, Colorado Department of Public Health & Environment (via email) Bethany Salzman, Weld County Planning Department (via email) Derald Lang, EnviroStock, LLC Jackie Johnson, Witwer, Oldenburg, Barry, & Bedingfield SHELTON LAND & CATTLE, LTD. SHELTON DAIRY CORP LASALLE, COO 80645 � �23043 WCR 42 �� July 26, 2001 ZPLEA Mr. Trevor Jiricek, Director Environmental Health Services Weld County Department of Public Health and Environment Greeley, CO 80631 Re: Process Waste Water and Stormwater Runoff Containment for Shelton Dairy Dear Mr. Jiricek: As agreed at our onsite meeting on July 2, 2001, I have had the dairy's process wastewater and stormwater runoff containment capability assessed for adequacy to Comply with the CAFO regulation and to prepare a permit application for coverage under the state CAFO General Discharge Permit. I retained EnviroStock,LLC to do this assessment. Based on the results of the site survey and pond capacity certification by EnviroStock, I have adequate containment capacity for the dairy's operation. The attached containment pond capacity certification indicates that there is 50% excess capacity available for the operation. With adequate pond capacity the issue then becomes one of managing the dewatering of the ponds, I have contracted to have the south pond dewatered to the adjacent crop land with a completion date of July 31, 2001.with weather permitting. Once the south pond is dewatered, soil cores of the pond liner will be taken to determine the pond's seepage rate and assuming the sample results meet the specified I x 10-6 cm/sec the pond liner can be certified for permit application. Once the south pond has been dewatered and the liner certified,the contents of the north pond will be transferred to the south pond and a the north pond's liner will be tested and certified. On a more permanent basis pond dewatering will be done through the use of the existing center pivot; however to be able to utilize this option, a filtration system is needed for dewatering the ponds. I am presently researching viable filtration units and will have a system in operation for next season's dewatering. Concerning the lack of overflow containment for the recycle flush water tower, an overflow pipe will be installed on the tank with the pipe discharge directed to the adjacent pen drainage so as to preclude any uncontrolled spillage from the tank. Also; the flush water spillage,you observed on the northwest corner of the north free-stall barn, will be contained by regrading the area so that any spillage will flow back into the north containment pond. These two work items will be completed by the end of September. The cattle pen on the northwest corner of the site is located below the drainage to the conntainment ponds and it is therefore impractical to collect the runoff from this pen.Thus, use of this pen for cattle confinement will be discontinued. The initial site survey did not include either the compost area or the feed storage area, consequently; EnviroStock will need to survey these areas and assess runoff containment needs and quantification of ponds capacities for these areas. I anticipate having these assessments completed by October 31' of this year and any needed improvements in place by next spring. In addition the young and replacement stock area on the north side of WCR 42 will be reviewed to assure that adequate best management practices are in place as required by the CAFO regulation. To summarize I do have adequate containment capacity for the dairy operation and with the dewatering of the south pond I will have restored the required storm event containment capacity. Assuming the pond liner testing meets the seepage limit requirements,I have been advised by EnviroStock that complete CAFO permit application can be ready by the end of October of this year. Should you have questions on this response, please contact me or Derald Lang with EnviroStock at 303/238-3501. Sincerely, (` Ron Shelton Cc EnviroStock, LLC, Derald Lang Jul 26 01 04: 29p Colorado Livestock Roan 303 238 3504 p. 4 §N 1597 Cole Blvd.,Suite 310 Golden.Colorado 80401 Phone(303)238-3501 VIRO Fax(303)238-3504 yvww envirostock.net TOCK, L. L.C. Permit Containment Pond Certification Facility: Shelton Dairy Location: 23043 WCR 42,LaSalle,CO 80645 Process Generated Wastewater Volume(gaLs) 1.Trough Overflow 0.0 2. Boiler Condensate and Blowdown 0.0 3.Barn Washdown 25,000.0 4. Other 0.0 5.Total Process Wastewater Generated 25,000.0 6.Days of Storage • ' 150 25 Year/24 Hour Storm Volume Precipitation= 3.0 inches Area Curve Number Runoff Depth Runoff Volume (acres) CN (inches) (acre-feet) 1. Pen/Open Lot 16.72 90 1.98 2.76 2. Adjacent Contributing Land 71.0 70 0.71 4.20 3.Roofed/Paved Areas 2.5 100 3.00 0.62 4.Pond Surface Area 9.0 100 3.00 2.25 5.Total Contributing Area 99,2 Total Storm Water Volume 9.83 Chronic 10 Day/10 Year Storm Volume Precipitation— 3.8 inches Area Curve Number Runoff Depth Runoff Volume (acres) CN (inches) (acre-feet) 1.Pen/Open Lot 16.72 81 1.96 2.73 2.Adjacent Contributing Land 71.0 70 1.16 6.86 3.Roofed/Paved Area 2.5 100 3.8 0.79 4. Pond Surface Area 9.0 100 3.8 2.85 5.Total Contributing Area 99.2 Total Storm Water Volume 13.23 Total Containment Volume Required Acre-Feet 1.Process Generated Wastewater Volume 11.51 2.Larger of Storm Water Volumes(25yr/24hr or I0day/I 0yn) 13.23 3. Total Required Containment Volume Z4' ,.. 4. Total Available Containment Volume '",;373C�x tart° / o' �i Date: 7/26/01 Certified by: Deraid Lang; 1',$ i 4 5 "*'r; Serving Environmental Needs of the Liveshn:k Industry X44 Of000 root Bethany salzman - MeetingSummary7-2-01 Page I t\pie;t:, W I lk. COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 N 17TH AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us ADMINISTRATION (970)304-6410 FAX (970) 304-6412 PUBLIC HEALTH EDUCATION AND NURSING (970) 304-6420 FAX (970) 304-6416 ENVIRONMENTAL HEALTH SERVICES (970) 304-6415 FAX (970)304-6411 July 3, 2001 Certified Letter No: 7000 0520 0016 8839 6865 Ron Shelton Shelton Land and Cattle, LTD 23043 WCR 42 LaSalle, Colorado 80645 Subject: Shelton Dairy, Meeting of July 2, 2001 Dear Mr. Shelton: This letter summarizes the discussions which occurred during our meeting on Monday, July 2, 2001, at the Shelton Dairy. Those in attendance included Jackie Johnson of the law firm, Witwer, Oldenburg, Barry, & Bedingfield, Derald Lang of Enviro Stock, Jo Peden and Trevor Jiricek of the Weld County Department of Public Health & Environment (WCDPHE), and yourself. The purpose of the meeting was to discuss complaints and findings regarding the Shelton Dairy, at 23043 WCR 42, owned by yourself. As we discussed in our meeting and our letter dated May 11, 2001, the Shelton Dairy does not appear to comply with the Confined Animal Feeding Operation Control Regulations (CAFO Regulations) and the Weld County Code. During previous visits to the facility and during the meeting on July 2, 2001, our staff observed numerous apparent violations of the CAFO Regulations. Mr. Lang indicated that you have had the facility surveyed and assessed and are anticipating those results in the coming weeks. A commitment was made to provide the WCDPHE the results of the survey and assessment. Additionally, you have committed to providing a written plan of correction, with a reasonable time line to correct deficiencies on the property, no later than July 31, 2001. The plan should assure that all components of the facility comply with the CAFO Regulations. At Bethany salzman - MeetingSummary7-2-01 d Page 2 a minimum, the plan should address the following: • Evaluation of the adequacy of the process water and stormwater control as required by the CAFO Regulations, including liner testing, and a demonstration that the facility can capture and collect the run-off from a 25-year, 24-hour storm event. • Lack of containment for effluent from feed storage area. • Seepage of waste water from storage lagoons. • Overflow from a water recycling tower onto neighboring property. • Cattle pens (located on the northeast portion of the facility)which do not drain into the lagoons. • Flush water from the northern free-stall barn that does not entirely drain into the lagoons. • Composting areas that lack approved stormwater retention structures. • Possible stormwater drainage from the smaller facility on the NE corner of WCR 47 & 42, that may not comply with the Best Management Practices (BMP's) described in the CAFO Regulations. As you know, one issue raised in the complaint made to the WCDPHE was the alleged poor quality of drinking water that is provided by one or more of the on-site wells. WCDPHE is willing to collect samples and analyze those samples at no cost to you. We hope that you take us up on this offer as unsafe drinking water has many health ramifications. Following our meeting, we discussed the orientation of the facility with Lee Morrison at the Weld County Attorney Office and Bethany Salzman in the Weld County Planning Department. The fact that portions of this facility are separated by County Roads make it rather unique. It appears that the facility is in violation of County Code as it pertains to allowable Animal Units. As a result, a Use by Special Review permit appears to be required. You must contact Bethany Salzman at (970) 356-6100 ext. 3540 within 5 days receipt of this letter to discuss possible remedies to the situation. It is the intention of the County to work cooperatively with you to address these issues. However, as we discussed, future discharges that violate the CAFO Regulations may result in the County referring your facility to the Colorado Department of Public Health and Environment for possible enforcement action. Also, failure to initiate conversations with the Planning Department could result in possible action in accordance with the County Code. We look forward to receiving your correspondence as agreed upon by July 31, 2001. If you have any questions, please do not hesitate to contact us at (970) 304-6415. Sincerely, Jo Peden Trevor Jiricek Environmental Health Specialist Director Environmental Health Services Environmental Health Services o:CAFOWeegngsumnary7-2-0+woo cc: Lee Morrison, Weld County Attorney's Office (via email) Ron Jepson, Colorado Department of Public Health & Environment (via email) Bethany Salzman, Weld County Planning Department (via email) Derald Lang, EnviroStock, LLC Jackie Johnson, Witwer, Oldenburg, Barry, & Bedingfield 17 ci 1 ,-) 1 44 i ->..._ i 4, ,, , yap o., 4 , q--- 'IN t i imICVcl ,,, g tt is- ts--) 4., -92, , mac, � , v ,,, , ,, ,,,, -0 , a c 00,5L-L ,,,,,,A c,,,,,,i, , tk c-ct, ...._, __.. ,,, -,... Iccui,,, ,4 ot,t,m CL✓ $atipk L s9 ' s cotts-,.\ k_,. �, F�Ji'7REVOricek-Shelton Page 1 From: TREVOR Jiricek To: i:jjohnson@wobb-Ilp.com Date: 6/20/01 10:58AM Subject: Shelton Jackie- Attached is the letter we previously mailed Mr. Shelton. In addition to the concerns we expressed in that letter we had received additional information concerning other problems at the site. These are described below: 1) Concern of manure seeping into ground contaminating well that caused the parlor managers wife to become ill. 2) Car, truck, and tractor batteries not being disposed appropriately. Apparently they are discarded on the property near the maintenance building. 3) Raw dairy effluent overflows from the storage tank(used for recycling) onto adjacent property. 4) Runoff from feed storage not contained on property. 5) Oil, fuel, and other fluids being dumped near the maintenance shed rather than being appropriately disposed. Also, I spoke with our staff that had visited the site. In attempting to reach Mr. Shelton, our staff contacted Ms. Shelton who authorized the site manager to show them the site. The site manager accompanied them to all locations. I hope this info gets you started. If you have any questions, please call me at 304-6415, X2214. Trevor Jiricek Environmental Health Services Weld County Department of Public Health and Environment tjiricek@co.weld.co.us 970-304-6415 Extension 2214 suc AIMS-Citrix ICAClient - INN Ei ` . - - Account Maintenance - _ e -erN m /A r '-ss - 90'' . . . D SHELTON LAND &CATTLE LTD Eli c Legal Description.- ._.. R0514701 23043 WELD CO RD 42 A', pT f2SEA`3-4-65 ALL1'HAT PT LYING S E OF ROW LASALLE CO 80645 Year District WER 47&AILMORE$ITT3l 1CC OGiblIWR SIT05: 2001 0104 WELD - _ .4 Apr Dist St �_' . ,_ .. . Parcel Number MH Space Seri "" 1055-23-0-00-032 = Street No Dir Nolt Sheet Name Type 18 r © Location City ©Location Zip Acct Type Lagt WELD Agricultural I BACode Owner Id Owner Location Map No _ 2281 _ _ _ ... -y Business Name Version V 'Date - Time ID ApplNew i.Version p-�r 1 20 01041 40 0 0:-14.aPfl 1 108:34$4 .�;1SW (RWAM_70011203000 !Mir'ame �fl-}�T.arltem oProtest T(-„j _ACTUAL AS SW. 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TJ •, Scale 126,633 1. 48.96071 MesterView NC1© J Parcels `� J AirPhoto-Apr 98 Road Centerlines Greeley border 6_15_ € 3 ]Lf Combination of gis w 23I24 I Oil and Gaswefs J Irrigation-Ditch Name Text r J Imgate.shp J Celltowr.shp I Airstrip.shp J Road Extents J Railroads 26 25 J Creeks/Streams/Int( t ; 1 Lakes/Rivers E ' Township Text . Origin:(3,239,514.83,1,344,123.42)ft Extent(11,43189,11,485.63)ft Area:131,325.466:72 sq ft IN ZaGroupWise-Mailbox I ICoret WordPerfect-...l4j'PERMITS'Plus I 41k AreView GIS 3.2a I v"WBT-PRNTSCRN...I IcFlc+1,�0 2:52 PM !InaParcel Table Maintenance TadBar Order Parcel No.11055-21.0 00-004 _ I _ R ah • — IL- ,Alt Key.1650424 T-,. k[pdate 86Map usok E! 4 Primary Address General Information- No Dir:/.StreetName-- �, y' Cityld: WEL Subdivision: l'`. ti, ::•'23043 1� I Cfl 42 •LoY.1i^ a a: k�.. FraC Address I _ e _ .-.. Select An _•4_6th,Y-4,...--,7-1--T,--- ..--;.-�'T •':ky'_ 4 Are a:1 0 oa: Aeras;' 72 oa . ;.-..'230,3 42 CR WELD Census Traci' - Cen Blockr--r Primary Owner Information XCoord. , YCoard:I - Legel DescngtigR. Name:1SHELTON LAND 8 CAl TLE LTD 12005 W2SW4 24 4 65 EXC UND lNT OGBM(5O3R) J � 42304 :.. 4�¢; -,. Address 1:123043 WELD CO RD 42 , _3 WCR 42/,SITUS: 23043 42 CR WELD • k Address 2_'LA SALLF co '.---',.,':-.-1:. __ = =s{ Address 3: I -....-,7=•,==•::= • _ :Andress 4: = -. :.:2i . 80645 •• • Code:P ( Use J I - = _ • Phone 1:1 TRA-10102 : Exempk r Phone 2:1 Status: ACTIVE - . rIs Notation:'As sessars Conversion ( �.' GovtOivftt;d:1- : . I .{trlr r.uaen JNA..►VCL/ti Inc.I • 46 - • Start 1 Group-.- . aiibox=1; 'PERMfTSe•Paus.7*-:= 14 List Parcels by Addre4.1.v:�WBT-PFWTSCRN.... I ' - L:o„*GI) 1:40 PM a (it iic) DEPARTMENT OF PLANNING SERVICES "ligCode Compliance Division C 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 COLORADO• Fax: (970) 304-6498 ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: i 10 X ZONING CODE COMPLAINT 0 Staff/Name: ❑ Citizen X. Other: tk.a��'h I N• 9Q HEALTH DEPARTMENT Citizen's Name(If known): ❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known): ❑ BUILDING CODE COMPLAINT ❑ PUBLIC WORKS/PEST&WEEDS Date Complaint was received: ¶\1LIOi Pending Case#(i.e.USR,RE,SE,ect...): Legal Description: 1 C'tf'4 ('I 1 , Lt 1 yl'Pll Parcel#: kc cO•,Q C)•C•CCA Violation Address: O 4a ) , C t f7•, Property Owners Name: ♦) �{71Y1 I t r�6Y� o' l/t A {, t TN Phone: Property Owners Address: Cfaktkard Name: \/ay WC\ Laing LC)I W VU S T{L Phone: �� cc-Y 35s— 5 i Tenant's Address: Qrte. burl, 3lt 't k, e)11-) - @i it Ac n l O &' Yr)• �`17Y Cat- NATURE OF COMPLAINT: Complaint Referred To: R511.i1rn� Date: c&i f(EN - Complaint Referred To: J Date: Additional Notes: I-' `4 X A;c.V SHELTON LAND & CATTLE, LTD. SHELTON DAIRY CORP 23043 WCR 42 LASALLE, CO 80645 June 11, 2001 Dept. of Public Health and Environment 1555 N 17th Avenue Greeley, Colorado 80631 Subject: Complaint Concerning Discharge from Shelton Dairy In response to your letter received May 15, 2001 we propose obtaining a General Discharge permit now being offered by the Colorado Dept. of Health and Environment. Darrel Long with Enviro Stock, LLC has been retained to prepare the permit application. It will take 3 months to conduct site assessments to determine adequacy for permit inclusion. If facility improvements are needed, we propose to construct them before next spring. Sincerely, Ronald E. Shelton Shelton Land & Cattle. LTD JoRene Peden -061501 com faint investigation.w djot Pale 1 a COLORADO Memorandum TO: File DATE: June 14, 2001 FROM: Cindi Etcheverry and JoRene Pedon, Environmental Specialists SUBJECT: Shelton Land and Cattle, LTD - Complaint No: CO 000304 4001,Filed June 12, 2001 On June 12, 2001, Weld County Department of Public Health and Environment received a complaint. The complaint alleged that the Shelton Land and Cattle Dairy and Feedlot discharges waste water from the lagoons into a wetlands area, nearby drinking water wells are contaminated with waste water from the lagoons, LaSalle water supply is contaminated by waste water seeping into the ground water, leachate from the silage and haylage storage areas is draining into water ways, waste water frequently overflows from a white waste water storage tank, batteries are discarded inappropriately, and fluids from farm machinery and vehicles are inappropriately disposed of on the property. The Shelton Land and Cattle is located at 23043 WCR 42, near La Salle. JoRene Peden and I visited the facility to inspect and assess the facility's compliance with the Confined Animal Feeding Operation Control Regulations ((CAFO Regulations)(5 CCR 1002-81)) and the "Regulations Pertaining to Solid Waste Disposal Sites and Facilities" (the Regulations) (6 CCR 1007-2) as promulgated by the Solid Waste Disposal Sites and Facilities Act, Title 30, Article 20,part 1,C.R.S., as amended. Below is a summary of our observations. Waste water from the lagoons discharged into wetlands area. Two on-site waste water retention lagoons were observed. Seepage is observed outside of the lagoons on the west north and inbetween the two lagoons. A wetlands, pond, and irrigation ditch is observed down hill from the lagoons. Please refer to JoRene Peden's letter dated May 11, 2001 concerning a discharge incident complaint summary. Contaminated drinking water wells contaminated with waste water from the lagoons. We are unable to locate regional drinking water wells at this time. We will research and located drinking water wells in the vicinity of this facility. However, we did observe two wells on the facility. One well was located in between the cow pens and the waste water lagoons. A narrow dirt road separated the pens and lagoons. The pens and road were saturated with storm water and saturated manure. The well was approximately four feet from the pens and **** feet from the lagoons. 1 JoRene Peden:661501 corn faint investi ation.w d Pa e 2 The second well was located approximately 15 to 20 feet west of the shop on top of a slight hill. This well was located approximately 15 to 20 feet from the feedlot pens. Additionally, we observed 5, 200 to 500 gallon above ground fuel tanks located next to the well. One of closest fuel tanks was labeled as diesel fuel. The other tanks were unlabeled. Five to six 55-gallon drums were observed containing unknown liquid waste material. Stained soil was observed under the above ground tanks and surrounding the drums. A pile of batteries was observed next to the fuel tanks and leaning against a small shed next to the well. The batteries were stacked approximately four feet high. I would estimate that there were approximately 25 to 30 batteries in the pile. La Salle water supply contaminated by waste water seeping into the ground water. We are unable to substantiate this at this time. Leachate from the silage and haylage storage areas draining into water ways. We observed the feed storage area which is located across from the shop. Leachate from the silage/haylage was running from the bottom of the piles. The liquid was dark brown almost black. The ground was sloped towards the west and north so that the leachate would drain into the northwest corner of the lot. The leachate was then piped under the access road and a ditch was constructed so that the leachate could drain into a canal. We do not know the name of this canal at this time. Waste water frequently overflowing from a white waste water storage tank. On this day we did not observe waste water overflowing from the white waste water storage tank. This tank is approximately a 5,000 gallon tank. Batteries are discarded inappropriately. A pile of batteries was observed next to the fuel tanks and leaning against a small shed next to the well. The batteries were stacked approximately four feet high. I would estimate that there were approximately 25 to 30 batteries in the pile. Fluids from farm machinery and vehicles are inappropriately disposed of on the property. A slight petroleum odor was detected next to the shop, on the south east side. Discolored soil was observed. However it was sporadically mixed with manure. Additional concerns C` oLit, -7,,, /i, ,..z 7 C44I C rn.�rNovzewc) t,�.� G ,-m ea .— Can az i.e-4/ u-,z.J ce.-4 C (fl a.,.Etas)? ) -d a.2., n / U/lti.C /. -avt J'' L'7 C_'cut. � J'�l C!' y �.t- ‘V"--L7- ecfi-y Li ct.^,tt 'wiz C 1 r a MEMORANDUM Keit TO: FILE FROM: JO PEDEN, ENVIRONMENTAL SPECIALIST VIC. SUBJECT:SHELTON LAND AND CATTLE,PHONE CALL DATE: 1 COLORADO On June 13, 2001, I called Shelton Land and Cattle at 284-7784. I left a message on their answering machine to have Mr. Ron Shelton call me in regard to the letter I sent in May. I stated I had not received a response, as requested 6 Incident Report/Complaint No: en Of Program Element: Copy to File? Y N i+�` File Name: ENVIRONMENTAL HEALTH SERVICES COLORADO INCIDENT REPORT/COMPLAINT RECORD Report/Complaint Received By: Date/Time 0'1t J i. -1;- ,01 Report/Complaint Initiated By: ❑Staff Citizen ❑Sheriff oPlanning/Zoning ❑Other Legal Description: ��j� /y� // /'/� Violation Address: ��Y tifo/ 1 J it 1 LI ce q Parcel# (if known): Property Owner's Name: Phone#: Property Owner's Address: - Tenant's Name( if applicable): Phone#: Tenant's Address: Sa% Complaint: 11/7 uJ5 c 10/1) a l Ge/ • are unioe , n grcordd Report/Complaint Referred To: Date/Time: Investigation : By: Date: Follow-up: By: Date: Final Disposition of Report/Complaint: By: Date: RECEIVE . J U N1 , ! 2001 To Whom It May Concern 06/06/01 EtiVIR4WENTAI REAM SERVICI` As you may, or may not be aware Shelton Dairy, on WCR42, in Weld County, Colorado, was recently sited, by the Weld County Health Dept., for allowing their dairy-cow manure lagoons to overflow— both alongside WCR42 and into a shallow, fragile wetland that is visited each Spring and Summer by a variety of Waterfowl. This message is to highlight a few of the other environmental hazards that I've become aware of living in the area of the Shelton Dairy Farm — and that I'm certain constitute environmental violations that warrant further investigation by environmental authorities: (Obviously, living in the area and community I do need to keep my identity confidential — but this in no way prejudices the matters mentioned below): 1) The Parlor Manager at the Shelton Dairy, on WCR42, had his wife fall seriously ill with a severe kidney infection. The medical investigation discovered that the infection was directly attributable to the water which she had been drinking. The Parlor Manager's house is close enough to the aforesaid dairy-cow manure lagoons to possibly have had the nearby Well and La Salle water-supply contaminated by raw dairy-cow manure seeping/leaking into the ground water in the vicinity. 2) At the WorkShop—further East on WCR42 — old, `flat', empty and disused car, truck, tractor and farm machinery lead batteries are discarded in the open, in a heap and piled close enough to the water Well supplying a neighboring dwelling house that any leakage from the batteries almost certainly will seep into the Ground Water which is also used as drinking water in that house. 3) Raw dairy-cow manure frequently overflows from a towering white storage tank on the Shelton Dairy, and flows, unstopped or unchecked, into the neighboring property goat field of Jaime Lechuga —who does not live on the property and is therefore largely unaware of what is happening out on his plot. 4) Silage and haylage bunkers, built on higher ground, leak their highly acidic and environmentally hazardous effluent in a westerly direction. To hide this leakage the Shelton Dairy has dug a shallow ditch and channeled the silage/haylage leakage into the communal irrigation-ditch shared by a number of farmers in the area. This turns the water brown, changes the delicate pH balance and, obviously, affects the crops being irrigated from this ditch. 5) Also at the Workshop, whenever the trucks, tractors and farm machinery are serviced, the old oil, diesel, transmission and hydraulic fluids are dumped directly onto the bare dirt alongside the Shop —this area is adjacent to an animal pen and higher— meaning that eventually the fossil derivatives will reach the food animals that are going to be used for milk production. I trust these important environmental issues will be quickly investigated, and dealt with. A Concerned Citizen and Resident of WCR42, Weld County, Colorado. y fit srul DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 N 17TH AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us ' ADMINISTRATION (970) 304-6410 FAX (970) 304-6412 O PUBLIC HEALTH EDUCATION AND NURSING (970) 304-6420 FAX (970) 304-6416 • ENVIRONMENTAL HEALTH SERVICES (970) 304-6415 COLORADO FAX (970) 304-6411 May 11, 2001 Certified Letter No: 7000 0520 0016 8839 6353 Ron Shelton Shelton Land and Cattle, LTD 23043 WCR 42 LaSalle , Colorado 80645 Subject: Complaint Concerning Discharge from Shelton Dairy Dear Mr. Shelton: As the result of a complaint, Cindi Etcheverry and I observed the Shelton Dairy with you on May 7, 2001. The feedlot is located at 23043 Weld County Road 42, Weld County. The complaint alleged that the dairy was discharging manure contaminated waste water into the borrow ditch along WCR 42 in violation of the Confined Animal Feeding Operation Control Regulations ((CAFO Regulations)(5 CCR 1002-81)). During our visit to the facility we observed the active discharge with you. We both observed, and you acknowledged, that the discharge originated in a lagoon that contained manure contaminated water as the result of`process water and a recent storm event. The water flowed from the lagoon through a pipe, into a pasture, into a neighbors pasture, into the borrow ditch along the south side of WCR 42, through a culvert under WCR 42, and into a pasture and pond on the north side of WCR 42, which you rent. The pond then outlets into a ditch, which we believe empties into Latham ditch, and travels to Latham reservoir. We discussed that this discharge is a violation of Section 81.3 of the CAFO Regulations. You also indicated that you had problems keeping your lagoons de-watered during this past winter. Section 81.3(C)(5)(a) of the CAFO Regulations requires that "...whenever 50% of the design runoff storage capacity is exceeded by accumulated runoff, sediment, manure, or process- generated wastewater, the retention structure shall be de-watered to a level,that restores the full runoff storage capacity and the de-watering process shall be completed within a 15-day period." These are both violations of the CAFO Regulations and Section 23-4-350 of the Weld County Code. Y r � Ron Shelton May 11, 2001 Page 2 The fact that we received a complaint and that the complaint has been verified by our Department,triggers the violation process in the Weld County Code and requires that you submit a plan and time line for correction for the deficiencies on the property. As required by Weld County Code, you are hereby advised that you have 30 days from receipt of this notice to respond with a plan for correction for the aforementioned violations and submittal of a comprehensive manure and waste water management plan that complies with the CAFO - . Regulations. The plan for correction shall also consist of a detailed time line to correct the violation. Failure to respond may result in civil, criminal, or administrative penalties as deemed appropriate by the Water Quality Control Division of the Colorado Department of Public Health and Environment, in accordance with C.R.S. 25-8-601, and appropriate action in accordance with the Weld County Code. I have attached a copy of both Section 23 of the Weld County Code and the CAFO Regulations. If you have any questions, please do not hesitate to contact me at (970) 304-6415, extension 2219. Sincerely, p o Peden Environmental Health Specialist Enclosures: (2) cc:Trevor Jiricek, Environmental Health Services Lee Morrison, Weld County Attorney's Office Ron Jepson, Colorado Department of Public Health & Environment Julie Chester, Weld County Planning Department • M:\ENVIRONMENTAL HEALTH SERVICES\CAFO\Shelton\Discharges-7-01.wpd u a Incident Report/Complaint No: ' OS �� Program Element: `J I •;• \ it. Copy to File. Y N File Name:IIDc, ENVIRONMENTAL HEALTH SERVICES COLORADO 9 CI J INCIDENT REPORT/COMPLAINT RECORD Report/Complaint Received By: 0 .�64 Date/Time : %T 30 S- 7-c/ Report/Complaint Initiated By: ✓oStaff Citizen ❑Sheriff oPlanning/Zoning oOther Legal Description: Violation Address: ,2 3 O LI a wi,1Z) 'i • ft j.= 1,V- Ot?J Parcel# (if known): Property Owner's Name: 12,,,,^ ,7 h e err\ Phone#: tey 7tj aR'V- 7 7I t Property Owner's Address: As t - A 1,0 ryC (4 ..- P f -' -h v 5 't- L' 7 Tenant's Name( if applicable): Phone#: Tenant's Address: le Reppport/C;1omplaint: lex.tze. tits. rJ ,rv.n �n,j0. -t ✓11 4 be vice .� al' /4_,,k iGA^- 0 r'L.4., to 1X41-/`it+.e.v✓1.� —. ---• ,_„iii,,, Pe J-•,Ii -7-1,.,.- h n I^.a�+,.n, Report/Complaint Referred To: C met i ofr(9C1 Date/Time: /7 �C' Si-7-Of Investigation : ghavtu-ecC u)&a 0 X7aem 1/2 d9 /f.J�9oS Opoz,,M /0:74,0, tik.¢. m T.,.rI--• „. Cif o c0 c2 '1,d-ft rle '.tc-f4" 4)4 a By: Date: �/ b ;r..c. 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V.Date Time ID A0pI Nero Version g p 20010414000 14-APR 2001 09:03AM JSW"_RWAM 20011204000 • „• =rr a`lr�- a3?: - ❑Name -❑Tax Items , TYPE ACTUAL '- ASS! `ACRES _ SO FT f _ ❑Protest uu ` LAND z 273] 801 " 15 410 671260 it 1 - - ❑Sdus '❑S7j4c; - - (]Meb7eAgth❑Personal{_P IMPS -- 0 0 ® I a ❑Moble'Qaema[ks r ❑Valrre �O;C Iml Gas FF t_-,17,;±1 ,.,=._,.._:_y,- . �`r ❑Tract ❑Tax Sale ` _ Q. ❑Condo_Q Spc Azmt --❑flecording pan _ i -1-..a ❑Block ❑Mmez "❑Imaging_ -]- .,I (]4CuMml � 273 80 � K= 7.. - ❑Sales "❑Sibling ❑History _ .:Queues - ❑Sketch ❑Misc IM n Flags ACCOUNT +� - - - - Curre_ntYear P Wt-Alezron - k - p . - ; _ Prior Vear Ne(fi t Ve[ ` Aha[emen[ - .s' —:' -.• rt - haracteiizti Pruyerty Card _ -- 1 07- • - s - _ - + `Clear - Exit i M Start a GroupWise-...l 17,Core'WordP...l �'y I'PERMITS I ZThumbs.td4 i... ',AIMS l... 1,CRIS-Cie&l. -1WBT-PRN... IE i I I I I I� �. 221 PM We - stir. - `'AIMS.-Chu.ICA-Ghent- - ®� _IiilAccount Maintenance ,c' r -''y I _ . ,. . .r- Mll Levy - 75-'iv iiiKi - III ... Js s 'r SHELTON LAND&CATTLE LTD C Le.al tesc,i.ti n - ry 7Y U.f=TYI R8067999 23043 WELD CO RD 42 g W2SW4 24-4-65 EXC LOTS A&B BEE EXEMPT RE-2532 la - I LASALLE CO 80645 Year Distract L91R5DJ SITUS:2304342 CR-WELDO - - If r 2001 0100 - _ �. Apr Dist SI A - I A Parcel Number MH Space Seq - - - _ -- 1055-24-0-00-042 -- : Street No Dir Ne8 Street Name Type _ - 23043 �I 42 CR - - - - - �.i., 3I.11 Location City ? Location Zip Acct Type Lagt i,o5 t Ra: WELD 0 Agricultural - - r. °'� ' BACode Owner Id Owner Location Map No -r - - 2281 _ _. __. _ - - ,, Business Name Version V Date Time ID Appl New Version s t7 20010414000 14`APR 2001 09:03 AM- JSW RWAM- 20011204000 - ,.�at`Sf.r.3.jtr ❑Name ;❑Tax Items❑protest(TI TYPE ACTUAL ASSD ACRES - - 90 FT ❑Sdus _❑Pre/5uc ` -- LAND -- 2,206 6401- 50 6401 -2.205.878• „❑Mobile Auth❑Personal EF. IMPS 68.9111 6,820 __ -4.1521 l ❑Mobile ❑Remarks ❑Oland bas © ❑Tract :❑Tax Sale , ❑Recording 5$ _ Q� ❑Condo Min Asmt a' ❑Imaging �=vf` '-aT ❑Block ❑Mines ❑Control -71.116 .460) - TOTAL - - 7 � - _ G ❑Sale:'❑Sibling -❑ History - _ '>Queries - - _ _ i ❑Sketch - UNT ❑Mtsc`(_14❑Flags ACCO a . : Current Year Prior Version - G '��� ' � � - • �, 'PdorYear �Nelxt� Abatement F ,..,,; - - - _ Next Year- 'Fraractemhcs Property Card 4 r iiil Start) (SI GroupWise-..:I rCorel WordP_.I 'PERMITS'._ , ' Thumbs.1d4 i_.I W#AIMS-Citrus l._I ripCRIS-Citrix L_I ��'WBT-PP.N._ I 44 CO"C1D 1:54 PM r - - ... .4 _ Q - sLIC - - - : . tir - l AIMS:-Citnx ICA-Client - - - Account Maintenance . ` Mill Lev . a ' VIII M a�sc SHELTON LAND &CATTLE LTD �I - _ Leal l esai•bn R436478 P.O. BOX 65 'l°r1"ligl r ROGGEN CO 80652-0065 12007 N225 465 EXC UPRR CO RES 18R2D4SHT1 `.. Year District SITUS 22044 42 CR WELD 0 _ 2001 2154 - Apr Dist 1St A A °-'gi94 Parcel Number MH Space Seq - - 1055-25-0-00-008 - - .`.'. - Street No Dir No# I Street Name Type - - .sF 22044 �I I42 CR - - © ar Location City Location Zip Acct Type Lagt 'SY'L"�t4.lw WELD flu Agricultural - _ '44 BACode Owner Id Owner Location Map No - f- Business Name Version V:Date Time ID Appl New Versrm © SHELTON LAND &CATTLE 20010414000 14APR 2001 08:49 AM JSW,' RWAM 20011204000 — �� ii: - TYPE :ACTUAL ASSD .<ACRES - —SR FT -...RS i '7" ❑Name ❑Tax Items C]Prateat(Tj- ' - ❑Sdus •❑Pre75uc %5,491 1.590 :, 306.000 0 R "-- Moue Aufh❑Personal L IMPS 147.167 : 42,680_-:' 19.176 ❑Mobie 4❑Remarks 0 Vatue - ❑170 and bas r. .-'` !❑Tracf ❑Tax Sale..„ _❑Recording �� �• © ,❑Condo aQ ' : ❑ Imaging — ?Y----- - '-t Blorok:"'❑Mmes ❑Comm,', - TOTAL'" } -�"152,b5Bt 44270.:" " >� ® - C❑.Salez ❑Sibhn9 .❑Hrstar9 - --Quenes ( _ _ Ep ' ❑Sketch ACCOUNT y �'�F ! Q Mrzc LM❑Nags i - ;„, Current Yea Prior Version _ - _ : ` Prior Year r NelxB Versron Abatement pFF Property Card C -- II Start 1 IMGroupWise-..:I rCorel WordP._I -"lid' 'PERMITS'... I IR.Thumbs.td4 i._) *AIMS-Citrixl._I QCRIS-Citrixl 11.1WBT-PRN I !-E!ttil iSI 2:23 PM asic. ;;. - AIMS-Citnx ICA Client - - : MOO?- _ ` O Account Maintenance - ` ' Crvrner Name/Address- - - Mill Levy - 75-909000 r Account SHELTON LAND &CATTLE LTD r a� - - Legal Description- : - - i.ili R436468. PA- BOX 65 t"" ROGGEN CO 80652-0065 11 12009 PT 52 25 465 BEG AT SE COB SEC 25 W3520' Year District N2640'E3520'52640'TO BEG[213 32A M/Lj EXC UPflR' 2001 2154 ' CO TIES(5R) - - pp Apr Dist St - - i A 7` .1 Parcel Number MH Space See - ,. 1055-25-0-00-007 Street No Dir Nob Street Name Type - - <1J� r Location City - Location Zip Acct Type Lagt aSf.'Y, 1( d ' '• Location Zip - 411 BACode (Owner Id Owner Location Map No - Business Name I Version- V-Date Time ID Appl New Version fl _ 20010414000 14a1PR-2001 06:49 AM JSW RWAM 20011204000 r , - • �- []Bame -❑Tax Items❑ _ ---TYPE `':ACTUAL. - -- ASSD - ACRES r SO FT "::: Protest LAND.- .'. 3.931 1,140 — 208.330 o R F _❑Situs ❑Pre/Suc _�Mobile Auth❑Personal,l_P IMPS 0 0 : - 0® ` ❑Mobile ❑Remarks_ ❑Oil and Gas . - ❑Value 5e¢FI ❑Tract a❑Tax Sam -,*. ❑Recording -QM - •- - - 0 ❑Canto-O-_Spc__ t' �® e C011tt0 =❑ -77-6-c -igf1 ';❑Block ❑Mmes _ _ • ,1t ❑Sales ._❑Srbfrng ❑Nismry ,❑Sketch Queries .- - ._ -. :❑Misc ❑Flags [ACCOUNT ij _ t ;A `Current Year Prior Versmn " " j� -_ - -_ Prior Year Ne[tVt Versmn Abatement I` D, t Next Year ithaiecteiistics Property Card, [ : Clear Exit .- _ . .. . _ Start 131GroupWise...I rev,CorelWord... I isJ'PERMITS'...I.6`,gThumbs.td4...I OPAIMS-Citrix...I "CRIS-Citrix._I wtWBT-PRN...I 14-O'?.?( 2:22 PM CP SLIC _, Ali=t, 44 :. :AIMS-CitrixICAClient- - - .. MEW - Account Maintenance _? '�I - -. -I. . . -_-. M01-Levy _ 75919111 - M .r,: ierAi ui Account SHELTON LAND &CATTLE LTD a - - le..1 rezcn.Bin +L- 84365486 23043 WELD CO RD 42 �;; ``' -"�"`�'° LA SALLE CO 80645 W 12011-NE4 26 465 EXC BEG 416.55'W&S10D24'E g Year District 30-50 FROM NE CDR S10D24'E 153-94'S28D04'E 2001 0108 134.40'542022'E 135175'S51D1 CE 260-24'W457_40' Apr Dist St N30D W 303-9T W796-68'NOD2TW 270'-E102273'TO a' A BEG(8.814A MIL)(1503-58]X22636 WER 42X SITUS - - C (=J.( f 22636 42 CR WELD 00000 Parcel Number MH Space ` Seq - `' - ._i Street No Dir Non Street Name Type - - ;)?, 1 22636 42 CR - - _ ©� i Location City _ Location Zip Acct Type Lagt II i'Y:c ,i(io; WELD 00000 Agricultural 'Tit BACode Owner Id Owner Location Map No - - - 2284 . Business Name Version- -V.Date - Time ID Appl New Version __ 120011128000 128-NOV-2001 05:03 AM 1JSW 1 RWAM 120011204000 i 41 x.181: - "- _ _TYPE ACTUAL ASSD - ACRES SQ FT ? ❑Name -,❑Tax Items❑protest III - ❑Situs -❑Pre/Suc IMPS ---_ 47.705 13.630 . 144.000 _ _..0 �' s.. _❑ MobdeAWh❑Perzorrai(_P IMPS 520.0051 144.660 -40,513® e ❑Mobile-❑flemarks,'O Value ❑08 and-Gas F 4- - - ❑Tract --❑Tax Salt :. �' _ ❑R..-„,- rig Q� _ = �� ❑Spc Azmt- �- - D ❑Condo` �;O Conte - ❑Imaging-. TOTAL `567,7101- 158.4901 `+ter�—�r^' II ❑Block '❑Mines ,. —. [I. s -. ❑ - -bIMg -;Y Sales p Sr ❑ _ ., ,.. ❑Sketch-. ACCOUNT ad ❑Mru 1(_A❑Flags - _ - - - e -v.�x, _ - _Cunent Yea_I Prior Version ©r' "� _ _Prior Year Ne{xN Yeranml:Abatement li+k ty'�r -_ _ Nex[Year �haractenstics_Broperlp Card ilistart( �' GroupWise-...I17CorelWordR..I 'PERMITS'... + 'Thumbs.td4i.-+ epA1MS-Citrixl...+ •CRIS-Citrixl..+ wtWBT-PAN.:. I 1,CiE(3)00,Si 1:32 PM if . h •i.. .. �....... ,O.J b 09/6 REV 01902365 00/30/132 17;05 $3.00 1/001 /los F 1265 MAkY ANN FFUFRSIEIN .'LERK & RECUkDER WELD CO, CO AR190d165 - - WARRANTY DEED 7--v:- RICHARD L. HUMPHREYS AND VIRGINIA B. NUMPHREYS whose address is 23043 Weld County Road 42, LaSalle,CO County of Weld n?�'. 80645 T , State of Colorado i for the consideration of other valuable consideration and At t. Ten Dollars, in hand paid, hereby sell end convey to SHELTON LAND AND CATTLE, LTD., A Colorado Corporation, whose address is 22636 Weld Co. Rd. 42, LaSalle,CO County of 80645 Weld, State of Colorado the following real property in the County of Weld, and State of Colorado to wit, The West Half of the Southwest Quarter (W1/2 SW1/4) of Section Twenty-four (24), Township Four (4) North, Range Sixty-five (65) West of the 6th P.M., County of Weld, State of Colorado, EXCEPT those portions heretofore conveyed to The Farmers Reservoir and Irrigation Company by Warranty Deeds recorded in Book 341 at page 298, Book 349 at page 521 and Book 383 at page 277, Weld p.C County Records; • a53 with all its appurtenances, and warrant the title to the soon subject to reservations, exceptions, covenants, conditions and restrictions, rights of way and t easements established on the premises or created by instruments of record, 19_ and subsequent taxes, and oil and gas 1 e a Signed this30th day of August , 198E STATE OF COLORAD) ) G?.../ 0_,I ,/ L0UNIY or WELD ) Richard L. HGmp rey d_41,1.3 ._....,..,7 ,.,{S: r4/.. +1,,y,,, Virinto B. Humphreys i , ``,g1AR In.'.. Foregoing instrument ` ' `A_Yyi acknowledged before as this 30th day of August i t . ' 1'yfpoqg(, 4y Richard L. Humphreys and Virginia 8. Humphreys. • ' tJVWns% s'my hand and official weal. "t . oMytcommissior oxpires* February 26, 1983 (SEAL) �. Draw Pu iYl cf � Address, Nancy F. Johnston y 127 22nd Street, Greeley, BJ1 CO W •', a C `Y } >.. :..; , #YUt° c.;Ic4• r;, jF. tl.;.. . .Y�.... "ax .x..+y.. °.W. s 'q ygr..L", t 111111111111111111111111 III 111111 HIE III 11111 II IIII ell 1f ]' 2713742 08/13/1999 12:54P Meld County CO � 1 of 1 R 5.00 D 0.00 JR Sukl Twkamoto il QUITCLAIM DEED 1 THIS DEED,made this 1 0 th day of August . 1999 , • between Ii SHELTON LAND AND CATTLE, LTD., A Colorado Corpora ion of the 'County of Weld and State of Colorado.grantor(s),and I I SHELTON LAND AND CATTLE, LTD., A Colorado Corpora ion whose legal address is 22636 WCR 42 I, LaSalle, CO 80645 'I of the County of Weld and State of Colorado,grantee(s), • WITNESS,that the grantor(s),for and in consideration of the sum of Ten & no/100 ($10.00) DOLLARS, 1 the receipt and sufficiency of which is hereby acknowledged,have remised, released, sold and QUITCLAIMED,and by these I+ presents dceS remise,release,sell and QUITCLAIM unto the grantee(s), their heirs,successors and assigns forever,all - I the right,title,interest,claim and demand which the grantor(s)ha ve in and to the real property,together with improvements,if any, situate,lying and being in the County of Weld and State of Colorado, described as follows: 1 All that part of the West Half of the Southwest Quarter (W'ASW1) of Section Twenty Four (24), Township Four (4) North, Range Sixty Five (65) West of the 6th P.M., lying south and easterly of the Gilmore Ditch as previously conveyed • to The Farmers Reservoir and Irrigation Company by Warranty Deeds recorded in Book 341 at page 298, Book 349 at page 521 and Book 383 at page 277, Weld County Records. • Ii I Ij • 1 I 1 I I i I' i 1 also known by street and number as: Agricultural land jassessor's schedule or parcel number: I TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges thereunto belonging,or in anywise i'. thereunto appertaining,and all the estate,right,title,interest and claim whatsoever of the grantor(s),either in law or equity,to the only I: proper use,benefit and behoof of the grantee(s) their heirs and assigns forever. j: IN WITNESS WHEREOF,the grantor(s)ha ve executed this deed on the date set forth above. I RONALD E. SHELTON, Vice President I', f 11 I' STATE OF COLORADO 1 County of Weld- J n o o, The foregoing instrument was acknowledged before me this J 3 day of Pit Ll Cn \C� ` I , by Ronald E. Shelton 7 """''^''r., 1 Witness my hand and official seal. • `�� 00.:, My commission expires: combed;gisis " ,j..•.•'.• '�i} 'If in Denis;insert"City and". :', Name and Addraa of Person Cresting Newly Canted Lepl Deauii0• 1•403RWleb cRS) I nao,ana• _II No.933.Rev.4.90. QUITCLAIM DEED Bradford Publishing,1743 Wawa Sr.,Denver,CO 80202—(303)292-2500-10-98 \ja, oc Re- z53a (anu WARRANTY DEED THIS DEED, Made this 24th day of September, 1999 between Shelton Land and Cattle, Ltd. , a Colorado Corporation a corporation duly organized and existing under and by virtue of the laws- of the State- of COLORADO, grantor, and Arlan Rosales and Venetta Rosales whose legal address is 23045 Weld County Road #42, LaSalle, Colorado 80645 of the County of Weld and State of Colorado, grantees: WITNESSETH: That the grantor, for and in consideration of the sum of TWELVE THOUSAND AND 00/100, ($12,000.00). Dollars, the receipt and sufficiency of which is hereby acknowledged, has granted„ bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey:and confirm, unto the grantee, not in tenancy in common but in joint tenancy, the survivor of them,. their assigns- and the- heirs- and tire assigns of such survivor forever, all the real property together with improvements, if any, situate,lying and being in the County of Weld and State of Colorado, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF also known by street and number as , LaSalle, Colorado 80645 TOGETHER, with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, the survivor of them, their assigns, and the heirs and assigns of such survivor forever. And the grantor, for itself, its successors and assigns, does covenant, grant, bargain, and agree to and with the grantees, the survivor of them, their assigns and the heirs and assigns of such survivor, that at the time of the ensealing and delivery of these presents, it is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple,. and_has good right, full power and- lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except general taxes for 1999 and subsequent years; except easements, restrictions, covenants, conditions, reservations and rights of way of record, if any; The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantees, the survivor of them, their heirs and the heirs and assigns of such survivor, against all and every person or persons lawfully claiming or to claim the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, The grantor has caused its corporate name to be hereunto subscribed_by its- Vice President-, and- tts- corporate seal to be hereunto affixed, attested by its secretary, the day and year first above written. Attest: "'" •'""'•. Shelton Land and Cattle, Ltd. , a N.F. .. L•'', Colorado Corporation • .:'0 �y : Z Ronald E. Shelton, Vice-President ,S7k4g-•OF-COler ADO 1 i')• } ss. The foregoing instrument was acknowledged before '.•County of Weld } me this 24th day of September, 1999, by Ronald E. Shelton as Vice President of Shelton Land and Cattle, Ltd. , a Colorado Corporation My commission expires November 15, 2001 Witness my hand and official seal. II NOTARY PUBLIC j ❑❑ARELLA L.'; i 1295 Main St. No. 929. Re / 't-B 4BLOCH ? i Windsor, COLORADO 80550 I Illlv'l I�1& 'V1iP3W;vii �III � �1I 11111111111111111111 II ql•... F........v�Q� illl� IG4. '1I0 5 r1 feukemole "EXHIBIT A" LEGAL DESCRIPTION Lot A of Recorded Exemption No. 1055-24-3-RE2532, recorded August 19, 1999 as Reception No. 2715062, being a part of the W1/2SW1/4 of Section 24, Township 4 North, Range 65 West of the 6th P.M. , County of Weld, State of Colorado. EXCEPTING THEREFROM parcels conveyed to Farmers Reservoir and Irrigation Company by deeds recorded April 21, 1911 in Book 341 at Page 298 ; December 4, 1911 in Book 349 at Page 521; and September 6, 1913 in Book 388 at Page 277 . RESERVING HOWEVER, unto grantor, all oil, gas and other minerals presently owned by said grantor, if any, in, on, under, upon and that may be produced from said premises, TOGETHER WITH the rights of ingress and egress necessary to explore for, mine and remove such oil, gas and other minerals. V 111111inlllll�1111III'I��I'�tlld,s rtIlIIi I�In 21232120:91/e28/ D 1.28 JR sum Truk 2 of .88 J 1 1111111111111111111111111111 1111111111 11111111 1111 1111 16O 1aol 28 R 10 00 001 11:14A D 0.40 WeldJA Sukl County CO �moto WARRANTY DEED THIS DEED, Made this 4th day of January, 2001 between Anna M. Arens Living Trust, dated December 21, 1988. a trust of the County of Weld and State of Colorado, grantor, and Shelton Land and Cattle, Ltd. , a Colorado corporation a corporation organized and existing under and by virtue of the laws of the State of COLORADO, grantee: whose legal address is 23043 Road 42, LaSalle, CO 80645 WITNESSETH: That the grantor, for and in consideration of the sum of POUR THOUSAND AND 00/100, ($4,000.00) DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, its successors and assigns forever, all the real property together with improvements, if any, situate,lying and ' being in the County of Weld and State of Colorado, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF also known by street and number as , , Colorado TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, its successors and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, its successors and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except general taxes for 2001 and subsequent years; except easements, restrictions, covenants, conditions, reservations and rights of way of record, if any; The grantor shall and will WARRANT AND FOREVER DEPEND the above-bargained premises in the quiet and peaceable possession of the grantee, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, The grantor has executed this dead on the date set forth above. Anna M. Arens Living Trust, dated December 21, 1988, a trust BY (1] tylzyl �. m'i Anna M. Arens, Trustee STATE OF COLORADO ) ss. The foregoing instrument was acknowledged before County of Weld ). me this 4th day of January, 2001, by Anna M. Arens as trustee of the Anna M. Arens Living Trust, dated December 21, 1988. a trust My commission expires November 15, 2001 f • , �-L� Witness my hand and©£8icial seal. �� v1./ Kph l-9vU�C-4 NOTARY PUBLIC L 1295 Main St. No. 952. Rev 3 85 'j•-I1 p Windsor, COLORADO 80550 s I 111111111111111 II 111111111111111111111111111 1111 22 of 2 R 10.00 D 0.40 Weld County CO "EXHIBIT A" LEGAL DESCRIPTION All that part of the E1/2SE1/4 of Section 23, Township 4 North, Range 65 west of the 6th P.M. , County of Weld, State of Colorado, lying South and East of the right of way of Weld County Road 47 and the Gilmore Ditch. Name and address of person creating newly created legal description (38-35-106 .5, C.R.S. ) Terra West Real Estate 907 30th Ave . , Suite 105 Greeley, CO 80632 RESERVING HOWEVER, unto grantor, all oil, gas and other minerals presently owned by said grantor, if any, in, on, under, upon and that may be produced from said premises, TOGETHER WITH the rights of ingress and egress necessary to explore for, mine and remove such oil, gas and other minerals. .. _ .. .. _ _ .. .. . . . _ . .. AR24nty1 WARRANTY DEED 12th THIS DEED, Bade this 1Oth day of December, 1994 between Flues Poultry co., a Colorado General Partnership of the County of Weld and State of Colorado, grantor, and Shelton Land and Cattle, Ltd., a Colorado Corporation whose legal address is Box 65, Roggen, CO 80652 of the County of Weld and State of Colorado, grantees: WITNESSETH That the grantor for and in consideration of the sum of TWO HUNDRED SIXTY THREE THOUSAND FIVE HUNDRED AND 00/100, ($263,500.00) Dollars, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the 6, grantee, his heirs and assigns forever, all the enreal eal property, together eerdw ith State of J2f. improvements, if any, situate,lying and being 5 Colorado, described as follows; 3.%' SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF also known by street and number as Vacant Land, Weld County„ Colorado TOGETHER with all and singular the hereditament' and appurtenances thereto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, and tostheclaim aboveand bargaained whatsoever of ed premises, withthethe hereditamentsr in law or and appurtenances. of in TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns f And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seised of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, , encumbrances and restrictions of whatever kind or nature soever, except general taxes for 1994 and subsequent years; except easements, restrictions, covenants, conditions, reservations and rights of way of record, if any; 2419044 8-1471 P-556 12/14/94 04:08P PG 1 OF 2 .EC26.35 O Weld County CO Clerk & Recorder 10.00 The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee, his heirs assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above. Pluss Poultry Co., a Colorado General Partnership e l S Pluss, Jr., o-Partner STATE OF COLORADO } } es. The foregoing instrument was acknowledged before me City and Coupty of D W6Wenver ) this 1,lkk day of December, 1994 Sam P1ussAco-partner of 12th by Pluss Poultry Co., a Colorado General Partnership Witness my hand and official seal. My commission expires le.) - I-1 _(4% (NOTARY POBL iiiixflRkkxkxRRHH No. 922A. Reel..4-84 2Etttimxxi2i9iiR2181211i 1700 Lincoln, Suite 4100 Denver, Colorado 80203 ESCROW NO. : 8035253 DATE December 08 1994 "EXHIBIT A" LEGAL DESCRIPTION 2419044 B-1471 P-556 12/14/94 04:OSP PG 2 OF 2 PARCEL 1: All that part of the S1/2 of Section 25, Township 4 North, Range 65 West of the 6th P.M. , County of Weld, State of Colorado, more particularly described as follows: Commencing at the Southeast corner of said Section, thence West at right angles along South line of said Section 106 2/3 rods to a point; thence North at right angles 160 rods; thence East at right angles 106 2/3 rods to the East line of said Section; thence South at right angles along East line of said Section to the point of beginning. PARCEL 2 : All that part of the S1/2 of Section 25, Township 4 North, Range 65 West of the 6th P.M. , County of Weld, State of Colorado, more particularly described as follows: Commencing at a point 106 2/3 rods West of the Southeast corner of said section; thence West at right angles along the South line of said Section 106 2/3 rods to a point; thence North at right angles 160 rods; thence East at right angles 106 2/3 rods; thence South at right angles 160 rods to the South line of said section and point of beginning. PARCEL 3 : The N1/2 of Section 25, Township 4 North, Range 65 West of the 6th P.M. , County of Weld, State of Colorado. EXCEPTING FROM Parcels 1, 2 and 3 above parcels of land conveyed to the Farmers Reservoir and Irrigation Company by deed recorded August 11, 1914 in Book 406 at Page 2. VI-0100241 Sec. 23 -26, T4, R65 • 10 5- -000041 ti _ S I, fl 4. ii --pett Y 15 4 Tres i , G. .- Y 4 a 4- /441ma 4 'r11'�1('1nI'��,IIInI7I �' A ( .�)f)) �,r f -am s'.°- I I1)55-24-0f O42 1 v Colorado ; %� � �# 8001 . 50 64 Acre. ,j' Yf4i t QR 42 r r„,. 4 ,pot ,,fc.:, r 1055-25-000008 --- 0„ 00 .E - 306 Acres cafe _ < .: I444t , k �. � s� ` '.. I � ) ;_ � � � � _ (1224) ,-_ �. :_ Iiifi � � � xy r yra .'i �.� armor a --8`C -�� .��,Y-,. _�"a v l; $ 25 0000 w O *, ee \ 514_3,3 Acr DRAWN BY: R,A,D, 1 ' ` ' DATE: 12-5-2001 {:f ,:>. _. 4 Hello